CHALLENGES OF NATURAL RESOURCES LAW RELATED TO THE EXISTENCE OF CUSTOMARY LAW COMMUNITIES IN THE MANAGEMENT OF LEGAL AND EFFECTIVE NATIONAL PARK

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Sahrina Safiuddin

Abstract

In Indonesia, the regulation of natural resources sector needs serious attention because the field of natural resources often intersects directly between state law and customary law in the local community. This study aims at explaining how the law of natural resources regulates the relevance of the existence of customary law communities in the management of legal and effective national park. Legal means referring to the policies or rules that are valid and effective, it means that they can properly realize the goals and functions of conservation area. This study was normative legal research based on the secondary data with the method of data collection using tracking legislation and literature study that related to the main problem. The primary data was needed to support the secondary data obtained through field research with interview and observation method. The data obtained were analyzed qualitatively and presented in the descriptive form. The result of this study showed that the law of natural resources in the management of national park regulated the existence of customary law communities was not being placed as strength or opportunity but positioned as a threat. The existing policies and regulations relating to the management of the national park have not yet provided a definite direction related to the management of national park with the existence of customary law communities. The various policies that exist only regulated the sporadically based on time, place and certain condition relating to this matter, there was no constitution that specifically regulated to the existence of customary law communities. This situation certainly had an impact on the ineffectiveness of national park management because there would be omission or neglect of certain things in conservation activity.

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