Recognition and Empowerment of Customary Law Community in Business Permit of the Use of Forest Timber (IUPHHK) in Papua

Abstract

Constitution of the Republic of Indonesia Year 1945 on Article 18B paragraph (2) has ensured that: "the State recognizes and respects traditional communities along with their traditional customary rights as long as these remain in existence and are in accordance with the societal development and the principles of the Unitary State of the Republic of Indonesia, and are regulated by law”. The existence of this recognition actually put the rights of customary law community to exploit forests including HPH/IUPHHK. In order to manage forests to obtain optimal benefits from forests and forest areas for the welfare of the community, then in principle all woods and forests can be managed by taking into account the nature, characteristics and virtues, and not allowed to change the main function. The function is the function of conservation, protection, and production. This is also the reason why empowerment of customary law community should be done. The empowerment is done by creating an atmosphere or climate that allows the community to thrive potential (enabling); and to strengthen the potential or power possessed by the people (empowering).

Keywords: Recognition and empowerment of customary law community, IUPHHK.