Legal Protection of Forests and Forest Areas in Sumbawa Regency, West Nusa Tengara Province

By Sood, Muhammad | Journal of Legal, Ethical and Regulatory Issues, January 1, 2019 | Go to article overview

Legal Protection of Forests and Forest Areas in Sumbawa Regency, West Nusa Tengara Province


Sood, Muhammad, Journal of Legal, Ethical and Regulatory Issues


INTRODUCTION

The forestry sector is one of the most potential sectors in supporting the national economy of Indonesia. Utilization of forest resources should be balanced with the protection and preservation of its functions. Therefore, the protection of forest resources is absolutely necessary, because the forest is a gift of God Almighty, and as one of the natural wealth that has provided benefits for the nation of Indonesia.

According to Ir. Hartina, Head of Forest Office of West Nusa Tenggara Province, the condition of forest resources in Sumbawa Regency this time is very worrying due to the increasing of illegal logging and timber smuggling (Antara, 2009). Based on the data, the critical forest area in Sumbawa Regency and West Sumbawa Regency amounted to 193,997.90 ha; consist of critical forest in 51,124.90 ha forest area and outside forest area of 142,873.00 ha (Forestry Data, 2014).

Forest exploitation activities in Sumbawa Regency have been conducted continuously both with legal and illegal license. The activity resulted in the destruction of thousands hectares of agricultural land, so that many farmers who failed to harvest; as well as the settlement of the population also suffered damage. Based on the data of the Regional Disaster Management Agency of Sumbawa Regency on February 9, 2017, the number of victims including floods, such as in Moyo Hilir District, 730 households (2,952 persons) and in North Moyo 1,372 families (5,518 persons) (Sood, 2017).

Various legal instruments in forest protection effort have been issued by Government such as, Law Number 32 of 2009 on Environmental Protection and Management, Law Number 41 of 1999 on Forestry; Law Number 5 of 1990 on the Conservation of Natural Resources and Ecosystems, and Governmental Regulation Number 45 of 2004 on Forest Protection. However, illegal logging activities are still going on.

Based on the description above, it can be formulated the problem that is, Why law enforcement in forest protection is not running effectively so that forestry issues still occur (Soekanto, 1993); and what is the model of legal protection for forest management in Sumbawa Regency?

RESEARCH METHODOLOGY

This research is an empirical law study, which analyzes the implementation of law on forest protection and management model in Sumbawa Regency, with approach of legislation and sociological approach. Types of data used in addition to secondary data obtained through literature study are also primary data obtained through observation and interviews with informants and respondents, then the data are analyzed qualitatively.

RESULTS AND DISCUSSION

Factors Causing Ineffectiveness of Law Enforcement in Forest Protection

According to Friedman (1975), the effectiveness of law enforcement can be analyzed from the legal system itself, including three sub-systems, namely, the substance of the law is a regulation consisting of substantive rules and rules on how institutions should act; the Legal structure is a pattern that shows how a legal institution works, how they play its role; and Legal culture are patterned attitudes, values, principles, ideas or opinions held by individuals at the level of individuals and groups of people.

Based on the theory, various factors causing Ineffectiveness of law enforcement, in forest protection, in Sumbawa Regency are as follows:

1. Substance Factors Law (Regulation), because up to now there has been no regional regulation on forest protection which prioritizes the development of local community participation in environmental protection and management in the Sumbawa Regency.

2. Legal Structure Factors (Legal Institutions).

Various weaknesses regarding the role of legal institutions in forest protection efforts, such as: lack of socialization regarding efforts to improve public awareness about the importance of forest functions; lack of fostering of field officers in the implementation of functions, duties and authorities of forest protection, and no coordination and good cooperation; lack of supervision in forest protection efforts so that illegal logging actors feel free to deforest; the licensing procedures on forest utilization and management often do not refer to applicable regulations that accelerate the reduction of forest areas into non-forest areas; and weak law enforcement in handling cases of illegal logging, both in the process of investigation, prosecution in court, as well as sanctions given very light, so as not to cause a bright effect for the perpetrators of illegal logging. …

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