The Role of Traditional Local Institutions in Managing Customary Forest Hemaq Beniung in Juaq Asa Village, East Kalimantan, Indonesia

Abstract

Indonesian forest management system mandates that the forest is controlled by the state and that its management is given to the entrepreneur so that the people in and around the forest only de facto control and utilize the forest. In de jure, the community does not have legal access to direct use of the forest. This condition causes tenurial conflicts between the community and the Company. The purposes of the research were:

• To identify and analyze the ecological, socio-cultural and economic benefits of the Hemaq Beniung Customary Forest (hutan adat),


• To observe the mechanisms for implementing traditional/customary local institutions in the management,


• To observe and analyze the challenges and obstacles to implementing traditional local institutions (customary rules/laws) in the management of the customary forest,


• To verify the success of the management of the Hemaq Beniung Customary Forest in realizing a prosperous society and ecosystem sustainability.

The research was carried out from December 2021 to June 2022. The research site was in the Hemaq Beniung Customary Forest, Juaq Asa Village, West Kutai Regency. Sources of primary data were respondents and the Hemaq Beniung Customary Forest Management, as well as field surveys in customary forest areas. Secondary data were from references or journals as well as written documents. The method of data analysis is descriptive qualitative by describing a condition or event in a systematic and accurate way that can answer questions such as what, where, when and how. The results of the study have documented the role of adat through customary law, which is very central in managing the Hemaq Beniung Customary Forest. The customary laws that have been studied and documented include prohibitions and regulations to protect customary forests and how to fine those who violate customary rules. Meanwhile, the detailed procedures for customary fines are carried out verbally through a customary court (Sidang Adat). The role of customary law in preserving Customary Forests is central because all violations of the Customary Forest are carried out by the Customary Institution. Even violations or crimes in the village are also carried out through the Adat. The success of Hemaq Beniung Customary Forest Management was because the Customary Institution has met the Successful Criteria provided by Agrawal and Sustainability Principles by Ostrom. Obstacles and challenges to the implementation of customary law in conserving Customary Forests have been identified by four aspects:

• Land allocation, where the villagers themselves become obstacles to the development of Customary Forests because they do not have a mindset for forest conservation,


• The value of customary fines, where the 'unwritten' rules require traditional leaders who really understand the intricacies of customary law,


• Regeneration of the implementation of customary fines where the interest of the younger generation to study law and customary fines is decreasing even though customary fines must be carried out carefully by a competent person,


• Government recognition has supported the successful implementation of Customary Forests.