Legal Harmonization of Village Authority on Forestry Management

By Surono, Agus | Journal of Legal, Ethical and Regulatory Issues, January 1, 2018 | Go to article overview

Legal Harmonization of Village Authority on Forestry Management


Surono, Agus, Journal of Legal, Ethical and Regulatory Issues


INTRODUCTION

The Village Law No. 6 of 2014 emphasizes the principles of recognition and subdivision of villages and develops the principle of diversity. The Village Law provides recognition and respect for the existing Village with its diversity before and after the formation of the Republic of Indonesia, and provides clarity on the legal status and certainty of the village in the constitutional system of the Republic of Indonesia. The Village Law also emphasizes on: (1) the administration of village government; (2) implementation of development; (3) community development; (4) community empowerment based on state philosophy of Pancasila and the 1945 Constitution. Based on the Village Law, being the authority of the village is including authority based on the rights of origin, local authority with village scale, authority assigned by the government, provincial government, or district/city regional government. In the context of implementing this Law, there is an impetus for accelerating development in rural areas. One form of accelerating the implementation of development in the village is by strengthening village governance, community empowerment, rural development and rural areas. However, there are several problems faced in the development and empowerment of rural communities, including low quality of human resources, low assets controlled by rural communities, limited alternative employment opportunities, low social services, increased degradation of natural resources and the environment, weak institutions and community-based organization. In addition, there are other problems, including weak linkages to economic activities, not optimal utilization of opportunities in the era of globalization and trade liberalization, the emergence of barriers to distribution and trade between regions, and weak cross-sectoral coordination in the development of rural areas (Aid, 2004; Cobo, 1986).

The Village Law provides strengthening of authority to the village to optimally utilize available resources and in accordance with local needs. To further strengthen this, the Ministry of Villages, Development of Disadvantaged Regions and Transmigration can determine the type of village authority in accordance with local situations, conditions and needs as stipulated in Article 34 paragraph 3 pp. No. 43 of 2014 (Wicaksono, 2018). The existence of Government Regulation No. 43 of 2014 as the implementing regulation of Law No. 6 of 2014 concerning villages confirms that development planning activities and assistance in development in rural areas must continue to be pursued. Furthermore, Law Number 6 of 2014 concerning Villages also provides a foundation for the Village to manage and regulate, as well as having rights to village-level natural resources, both natural resources in the forestry, plantation, mining and other natural resources sectors. Specifically regarding the village-level forestry natural resource sector, there are still problems of overlapping authority between the village government and the central government (compare with other cases, Yerezhepkyzy et al., 2017; Teleuyev et al., 2017; Ospanova et al., 2017). This is because the forestry sector is also included in the authority of the Ministry of Forestry with very centralized arrangements (Kleden et al., 2005).

Specifically regarding the village-level forestry natural resources, there are still problems of overlapping authority between the village government and the central government. This is because the forestry sector is also included in the authority of the forestry ministry with a very centralistic arrangement to prevent deforestation and forest use that are not suitable for utilization (Lynch & Talbott, 2001). The very centralistic arrangement regarding forest utilization licensing is based on the Minister of Forestry Regulation and the legislation derived from Law No. 41 of 1999 concerning Forestry. This law indirectly often raises tension in the implementation of forest regulation and use in rural areas. …

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