Conflict between Indigenous Peoples and Forest Concession Rights Holders in Customary Forest Management in Gowa Regency, South Sulawesi

Abstract

The determination of indigenous peoples' rights to customary forests has been regulated and recognized in the State Constitution of the Republic of Indonesia of 1945 and Law Number 5 of 1960 concerning Basic Provisions of Agrarian Principles (UUPA) and the Constitutional Court Decision of the Republic of Indonesia Number 35 of 2012, but until now there are still many government activities and companies holding Forest Concession Rights Permits that claim customary forests as state forests. This has resulted in conflicts in customary forest management. This study aims to analyze the causes of conflicts over customary forest land conversion in the Gowa Regency and analyze the legal consequences of conflicts in the Gowa Regency customary forest areas. This research uses qualitative research with a descriptive type. By conducting in-depth interviews with the Gowa District Forestry Service, Customary Leaders and company leaders holding Forest Concession Rights Permits. The results showed that there was a conflict in customary forest management in Gowa Regency, caused by each party, both local governments, Forest Concession Rights (HPH) holders and indigenous peoples claiming that they did not clearly understand the meaning contained in the legislation and also the Gowa Regency Regional Regulation which recognized the rights of indigenous peoples only limited to recognition but in fact, deprived indigenous peoples of their rights in the form of forests, as a result of the legal occupation of customary forest areas in Gowa Regency by local governments and HPH Permit Holders, flooding and erosion due to massive deforestation and residents around the forest are declining health level (Poor). For this reason, the local government is expected to immediately make optimal efforts to empower indigenous peoples in the form of forests so that they can improve their welfare and not give permission to companies to manage customary forests in the Gowa Regency so that conflicts are not prolonged.