The Essentials of the Protection of Constitutional Rights of Indigenous Legal Community in the Management of Customary Forests in South Sulawesi Province, Indonesia

Abstract

According to the 1945 Constitution, Indonesia is stated as a Unitary State (eenheidsstaat) which is based on law (rechtstaat) rather than power (machstaat). Then, it is divided into several autonomous regions (streekandlocale rechtsgemeenscahppen) with the division of their respective affairs or authorities which are further regulated in the relevant law, in accordance with Article 18 paragraph (7) of the 1945 Constitution of the Republic of Indonesia concerning the structure and procedures for administering regional government are regulated in Law. Changes in the pattern of agrarian policy arrangements and including the forestry sector in Indonesia are also strongly influenced by historical factors in the political journey of the agrarian and forestry laws in this country, which certainly has an impact on agrarian policies in Indonesia, as we can look at the agrarian politics journey from the Dutch East Indies era which began with the issuance of agrarisch Weton April 9, 1870, with the issuance of this law, the owners of foreign capital, the Dutch and other Europeans had great opportunities to conduct business in plantation and forestry. The profits obtained by the owners of private capital were very large from the export of plantation products and forestry, although, on the contrary, the Indonesian people were suffering, because their lands, as a source of livelihood, have been controlled by the colonial government. This agrarian law gave birth to a term or provision known as Domein Verklaring that all lands which were not proven to have eigendom rights overtaken by other people were on the state domain. This agrarian political thinking in the colonial period has influenced the dynamics of policies in the land sector including forestry in Indonesia, resulted in conflicts over the control of forest areas between the indigenous communities who have a history of origins with their existence with State power legitimized by legal products based on the right to control the country (HMN), which was wrongly interpreted by some State Organizations. The author was highly interested in conducting an in-depth study through the research process on how the role of the State or government in an effort to protect the constitutional rights of indigenous communities related to customary forests, which have caused many conflicts over the control of natural resources, including forests within the customary law.