Pengelolaan Pelestarian Fungsi Hutan di Kabupaten Pakpak Bharat

Abstract

 Forest conservation management is closely related to the organization of local government and the life of local community in the framework of local autonomy. Law No.32/2004 on Local Government gives an authority to the local government to organize its policy on natural resources available in its territory including forest resources while Law No. 41/1999 on Forestry contains many stipulations for the implementation of forestry decentralization. The purpose of this study carried out in Pakpak Bharat District is to find out and understand the regulation of forest conservation management applied in a district level according to the existing legislation as responsibility and authority of local. government in the era of local autonomy and the implementation of forest conservation management in Pakpak Bharat District. This analytical descriptive study with normative and sociological juridical approaches uses secondary data as its main data resources by analyzing the primary, secondary and tertiary legal materials which are supported by primary data obtained through interviews. The result of this study shows that, in this era of local autonomy, local government always has some constraints in implementing the policy of forest conservation management and law reinforcement in forestry sector because the regulation found in the legislation regulation has not yet provided a clear explanation about the distribution of authority in forest conservation management between central and local governments and the central government does not fully transfer the responsibility and authority in forest conservation management to the local, government. Both central and local governments have their own interest in managing forest conversation in the district level because forest is a state-owned asset located in a district territory. In the implementation of forestry decentralization in general and to implement the forest policy decided by the central government, local government still works in the scope of operational activities and has no authority yet to autonomously regulate and manage the forestry affairs in its territory. This practice causes the quality of forest conservation management appropriating the function of forest has not Yet successfully well-done. The failure of forest decentralization implementation also results in the poor participation of community in managing forest conservation which essentially cannot be separated from local autonomy and forest decentralization.