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LEGAL CONSTRUCTION TO ADDRESS CONFLICT OF USE OF PROTECTED FOREST AREA OF MOUNT RINJANI NATIONAL PARK (TNGR)

. Mubarak Umar, Zainal Asikin, Gatot Dwi Hendro, Salim HS Doctoral Study Program of Legal Sciences, Faculty of Law, University of Mataram, Indonesia


Abstract

The objectives of this Dissertation Research are to (1) analyze the legal basis (philosophy, legal principles, and legal dogmas) in regulating the existence of customary law communities; (2) examine the implications of legal procedures in the recognition and respect of indigenous peoples and their traditional indigenous rights; (3) analyzing the framework for implementing the right legal construction in overcoming conflicts over the use of protected forest areas in the Mount Rinjani National Park (TNGR) between the East Lombok Regency Government and the customary law community. Furthermore, Doctrinal Law Research was carried out using a philosophical, legislative, conceptual, and case approach. The research results obtained are: First, at the normative, philosophical and political juridical level, there have been many legal products promulgated by the Government in terms of providing a basis for legal certainty to provide space for customary law communities in the context of maintaining the existence of customary law communities; Second, the implications of the legal procedure model in recognizing and respecting indigenous peoples and their traditional indigenous rights give rise to a model of recognition of “conditional recognition” and recognition of “layered recognition” of the existence of indigenous peoples; Third, the implementation of an appropriate and effective legal construction model in overcoming conflicts over the use of protected forest areas in the Mount Rinjani National Park (TNGR) between the East Lombok Regency Government and customary law communities not only pays attention to the physical form of conflict, but also the ideological rooted on the clash of basic values that are deeply rooted in the lives of indigenous peoples, as well as normative conflicts rooted in differences in the rules of behavior of indigenous peoples.

 

Index Terms- Legal Construction, Conflict, Utilization of Protected Forest Areas

 

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