The Reconstruction of Licensing Instrument Regulation as a Means of Protection and Control of Customary Forest Utilization Based on Ecological Justice Values
Abstract
Efforts to preserve forests are carried out in various ways to raise public awareness of the importance of forests for life. The objectives of this study are: 1) to analyze the regulation of licensing instruments as a means of protecting and controlling the use of customary forests that are not yet based on ecological justice values; 2) to analyze the weaknesses of the regulation of licensing instruments as a means of protecting and controlling the use of customary forests at this time; 3) to reconstruct the regulation of licensing instruments as a means of protecting and controlling the use of customary forests based on ecological justice values. The research uses a constructivism paradigm, normative legal approach, and descriptive type, relying on secondary data (primary, secondary, tertiary legal materials), with literature-based data collection and qualitative analysis. The results of the study are: 1) Regulation of licensing instruments as a means of protecting and controlling the use of customary forests is not yet based on ecological justice values, that there are scattered and unintegrated licensing patterns that cause licensing problems; 2). The weaknesses of licensing regulations for customary forests include: legal substance, no standard, integrative, comprehensive system; legal structure, NGO involvement is regulated but poorly implemented; and legal culture, sectoral egoism hinders coordination, making protection and control of customary forests ineffective; 3). Reconstruction of the regulation of licensing instruments as a means of protecting and controlling the use of customary forests based on ecological justice values consists of value reconstruction and norm reconstruction. The reconstruction shifts licensing regulations for customary forests toward ecological justice values, reforming both values and norms in Law No. 41/1999 (Article 1(6), 51(2)) and Ministerial Regulation No. P.21/2019 (Article 5) on customary law and forest rights.
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