THE MODEL OF CRIMINAL POLICY TO CUSTOMARY LAW SOCIETY AFTER DECISION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF INDONESIA NUMBER 95/PUU-XII/2014

Ach.Tahir, - and Iswantoro, - and Siti Fatimah, - and Resti Dian Luthviati, - and Rian Saputra, - and Abdul Kadir Jaelani, - (2020) THE MODEL OF CRIMINAL POLICY TO CUSTOMARY LAW SOCIETY AFTER DECISION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF INDONESIA NUMBER 95/PUU-XII/2014. International Journal of Advanced Science and Technology, 29 (4). pp. 1581-1589. ISSN 2005-4238 IJAST

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Abstract

This research was motivated by the decision of the Constitutional Court Number 95 / PUU-XII / 2014 which states that granting the conditional constitutional petition for Article 50 paragraph (3) letter e and letter i of Law Number 41 of 1999 concerning Forestry where the article states constitutional as long as interpreted everyone is prohibited from cutting down trees or harvesting or collecting forest products in the forest without having the right or permission from the authorized official, except for people who have lived for generations in the forest and are not intended for commercial purposes and grazing cattle in forest areas that are not specifically designated for this purpose by the competent authority, except for people who have lived for generations in the forest and are not intended for commercial purposes. Although the Constitutional Court only grants the formulation of the article, rejects the formulation of several other articles in the law, and states that it cannot be accepted by the articles contained in Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction, the Constitutional Court has make an affirmation of the existence of indigenous and tribal peoples around the forest area. The Constitutional Court sees that people who have very strong life relations with the forest must be exempt from criminal provisions.

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