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"Community right of the land and its natural resources is one of inheritance rights gotten from a long social process, often named as A Prima Facie. The right is not given by state, so that to accommodate the rights, state requires to confess the Community right of the land and its natural resources. The biggest problem relating to this Community right in Indonesia this time is, that there is too much constraint must be faced to accomplish the rights. It’s caused by the overlap of the government regulation and immeasurable understanding to the Community right of the land and its natural resources. For instance: Regulation No. 5/1960 about the specifics of agrarian and its under related regulations, embracing the existence of the Indigenous people/community right of land as private domain. However, the forestry regulation embraces the Indigenous people/community rights as public domain (under power of state). In 1980 National Agrarian Agency (BPN) and Department of Forestry met an administrative agreement that Agrarian Regulation (UUPA) with all of its sub regulations have arrangement jurisdiction outside forest area, while Forestry Regulation with all of its sub regulations scope state forest area. But claim for 'state forest area', covering more than 60% continent, is also questioned for its accuracy since until now only 10% of state forest area has succeeded to be confirmed. On the other side, collision to the existing regulation and arbitrary is still a serious problem of administration. To mention the recent real fact is where government has given mining/exploitation right in the protected forest areas to more less the 22 mining companies, against Forestry Regulation No. 41/1999. That’s why land and natural resource conflicts appear progressively. As a networking organization, in this paper, we would like to view broader case study. We would not address to a specific community, but pointing to national problem and its solution recommendation taken by JKPP." |
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