Nature of Exploitation of Forest Resources Towards the Welfare of the Customary Law Community in Maluku Province (Perspectives on Pancasila Law and Legal Pluralism)

Abstract

Philosophically, Pancasila gives power to the state to intervene in people's lives (welfare state) in order to realize social justice and welfare. If it is related to forestry, then state intervention is elaborated in the form of state control over the exploitation of forest resources with the aim of maximizing people's prosperity. Maluku Province is rich in natural resources including forests, but its management and exploitation paid little attention to the existence and rights of local customary law communities, forest concession licenses to corporations through Forest Concession Rights granted by the government through laws and regulations in the forestry sector. positive contribution to the existence of indigenous and tribal peoples, meanwhile in Indonesia where heterogeneous (plural) communities cannot necessarily ignore the rights and authority of indigenous and tribal peoples towards forest and other agrarian resources through state law.

Keywords: Pancasila, Legal Pluralism, Forest Exploitation, Customary Law Communities

DOI: 10.7176/JLPG/95-11

Publication date:March 31^st 2020