Analisis Hukum Penguasaan dan Pengelolaan Hutan Adat oleh Masyarakat Adat (Studi Hutan Adat Tombak Haminjon Desa Pandumaan dan Desa Sipituhuta . Kec. Pollung , Kab. Humbang Hasundutan)

Abstract

Forests managed by indigenous peoples are categorized in the sense of state forest as a consequence of the existence of control rights by the state, there are conflicts over land or forest ownership rights in Indonesia, especially the Indigenous Peoples of Pandumaan Village and Sipituhuta Village, so researchers want to do more in-depth research on the Tombak Haminjon Customary Forest. . The main problem in this research is what is the history of customary forest management in the spear haminjon customary forest, how are the struggles of indigenous peoples in recognition from the state, how are the government's efforts in protecting the law for the indigenous people of Pandumaan Village and Sipituhuta Village. This research uses an empirical juridical method which is a research field (research on primary data), namely research examining legal regulations which are then combined with data and behavior that live in the midst of society. through empirical results obtained from the Community Initiative Study and Development Group (KSPPM) and the indigenous community of Pandumaan Village and Sipituhuta Village. After the issuance and submission of Decree 5082/MENLHK PSKL/PSI.I/2021 concerning the establishment of the spear haminjon customary forest of indigenous peoples there are changes to pandumaan and sipituhuta and PP No. 23 of 2021 concerning forestry administration, as well as Law No. 6 of 2023 perpu on forestry. Since the emergence of a tenurial conflict between PT Inti Indorayon Utama or PT TPL and members of the spear haminjon customary forest community in pandumaan village and sipituhuta village, the government, both the local government and the central government, have responded to the demands of the community members in the area by issuing regulations and rules and laws. to guarantee and protect the interests of the community members in the region Through a very long struggle, the Pandumaan and Sipituhuta communities finally felt that there was legal protection and certainty in the control and management of customary forests in areas that had been controlled and managed. Tombak Haminjon Customary Forest for the Pandumaan-Sipituhuta Customary Law Community, there has been a change in extent. Some of the regulations include: Constitutional Court Decision No 35 of 2012 concerning customary forest in customary territory and not in the state forest area, Humbang Hasundutan Regional Regulation No 3 of 2019 concerning recognition and protection customary forests, Minister of Environment and Forestry Regulation No. 17 of 2020 concerning customary forests and private forests, Minister of Environment and Forestry Regulation No. 9 of 2021 concerning social forestry management, PP No. 23 of 2021 concerning forestry planning, changes in forest area allocation and changes in forest area functions, use of forest areas, forest governance and preparation of plans for forest management and forest utilization. Minister of Environment and Forestry Regulation No. 5082 of 2021 concerning the establishment of the spear haminjon customary forest of the Pandukumaan and Sipituhuta customary law communities.