Rohayu H., Rina and , Prof. Dr. Absori, SH., M.Hum and , Prof. Dr. Harun, SH., MH (2020) Hukum dan Illegal Logging: Studi Penyelesaian Illegal Logging Berbasis Kearifan Lokal Pati Ongong di Kabupaten Sumbawa. Disertasi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
Problem: Assumptions about the rise of illegal logging behaviour in Sumbawa are caused by the fading local wisdom of Pati Ongong. The values of local knowledge in the form of wood felling rituals, the selection of wood that can cut down, the boundary of protected forests and so forth which have been a guideline for the people of Sumbawa in cutting down wood are no longer functioning. Forestry problems that occur in Sumbawa are caused by unclear rules, forest boundaries and forest management, between indigenous peoples, companies and Perhutani / forestry. In resolving the illegal logging that occurred in Sumbawa, in addition to returning the value of Pati Ongong's local wisdom and the application of positive law. The central government, regional governments and indigenous peoples must sit together to agree, related to forest management boundaries between forestry and indigenous peoples. The agreement between forestry and indigenous peoples will be able to become a solution related to illegal logging that occurs in Sumbawa. Research purposes: This is a scientific effort to find a shift in knowledge and understanding in the field of illegal logging settlement by describing the settlement of illegal logging that occurred according to Pati Ongong in the Sumbawa community. The concept Constructing based on local wisdom Pati Ongong as the local power of the community in solving illegal logging. Research Method: This research is non-doctrinal research. It is using primary data and secondary data analyzed with qualitative descriptive analysis. This dissertation research offers the concept of solving illegal logging based on local wisdom Pati Ongong became the basis for solving illegal logging both by KPHP and the judiciary accommodated through local regulations in Sumbawa Regency. The synergy of customary law through local wisdom with firmness and the nature of enforcing state law through flexible harmonization can cause a deterrent effect in the community for illegal logging actors. State law can play its role when cases that occur result in significant state losses or illicit logging that is caring out in a planned, massive, and organized manner. The justice system can accommodate the values that live in the community to solve the problem of illegal logging in the court. Research Result: The settlement of illegal logging with the local wisdom of Pati Ongong is done by imposing customary sanctions on the perpetrators with tampe punishment. Granting tampe punishment to the perpetrators because the perpetrators cut timber without permission in the forest area is not a red zone or prohibited area for logging. The tampe penalty 'is in the form of customary sanctions which do not allow a person to participate in usual activities for six months. Even the perpetrators prohibited from getting married until the sentence they live is completed and paying customary fines by replanting the forest that has been cut down without the permit. As for the violations included in the severe category, namely felling without permission exceeding the permitted area for logging, customary sanctions will be given in the form of conventional fines and expulsion from the village. Ahmad / Mat Belo was one of the people who had been driven out of the village for illegal logging and logging in the restricted zone. The concept of solving illegal logging is based on local wisdom by reappointing Pati Ongong and applying customary law and strengthened by state law. Pati Ongong, which is part of the customary law of the Sumbawa community, must be affirmed in writing by the indigenous population. Customary law in writing further strengthens Pati Ongong's position among indigenous peoples. In addition to the written customary law, Pati Ongong customary law must also be socialized among the Sumbawa customary community and the customary rules must be carried out firmly and not selectively in their application to the violating community. Besides, state law must provide legal recognition of the customary law of Pati Ongong. Pati Ongong's local wisdom values can become the basis for the country's legal resources related to the settlement of illegal logging. The synergy between customary law and local wisdom with state law with written firmness can have a deterrent effect in the community of illegal logging actors. The unlawful logging case which was resolved through Pati Ongong's local wisdom regarding violations of logging without permission from Pati Ongong was given sanctions in the form of being expelled and isolated from the village area. The state law imposed imprisonment and paid compensation. Settling illegal logging cases by applying Pati Ongong's local wisdom values, as well as imposing customary sanctions that are strengthened by state law, can be a solution for the government in resolving illegal logging in Sumbawa. The concept of Pati Ongong's local wisdom values in resolving the unlawful logging conflict is more of a customary sanction which gives a very high social effect to the community that violates the mutually agreed traditional rules.
| Item Type: | Thesis (Disertasi) |
|---|---|
| Uncontrolled Keywords: | Law and Illegal Logging, Concept of Settlement, Local Wisdom of Pati Ongong in Sumbawa Regency. |
| Subjects: | K Law > KI Indonesia Law |
| Divisions: | Fakultas Pasca Sarjana > Program Doktor (S3) Ilmu Hukum |
| Depositing User: | Ari Fatmawati |
| Date Deposited: | 15 Dec 2023 07:42 |
| Last Modified: | 15 Dec 2023 07:42 |
| URI: | http://eprints.ums.ac.id/id/eprint/119084 |
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