Perlindungan Hukum terhadap Eksistensi Masyarakat Hukum Adat Pandumaan-Sipituhuta Atas Hutan Adat Pasca Berlakunya Peraturan Daerah Humbang Hasundutan No 3 Tahun 2019 tentang Pengakuan dan Perlindungan Masyarakat Hukum Adat Pandumaan-Sipituhuta

Abstract

The Pandumaan-Sipituhuta customary law community has historical, cultural, and economic ties to the Tombak Haminjon customary forest, which serves as their living space, source of livelihood, and their social identity. Changes in the legal framework following Constitutional Court Decision No. 35/PUU-X/2012, followed by the enactment of Humbahas Local Regulation No. 3 of 2019 and the customary forest decree, provide a strong basis for the recognition and protection of the customary rights of customary law community. However, the sustainability of legal protection for them still requires attention in order to keep pace with the times. This study aims to determine the legal protection of customary law community over customary forests in legislation, identify the mechanisms for recognizing and establishing customary law community and their customary forests, and examine the forms of legal protection for the Pandumaan–Sipituhuta customary law community before and after the enactment of Local Regulation No. 3 of 2019. The method used was normative legal research with primary data support through interviews. The analysis was conducted qualitatively through a statute, conceptual, historical, and case approach.. The results of the study show that the legal protection of customary law cummunity over their forests has gained a strong normative basis, starting from the UUD 1945 to sectoral regulations such as the Forestry Law, followed by stages in accordance with ministerial regulations. The case study shows that before the Local Regulation, protection was still partial through the reservation of customary forests; while after the local regulation, recognition became more comprehensive, although there were still issues of inconsistency in the area covered by the 2020 customary forest decree, which was then revised in 2021. After this series of stagesthe customary law community and their rights to customary forests obtained legal protection guarantees, although the optimization of the implementation of the local regulation still needs to be strengthened.