IMPLEMENTASI SANKSI ADAT ATAS PENEBANGAN POHON SECARA MELAWAN HUKUM DI WILAYAH HUTAN ADAT (STUDI DI DESA BAYAN, KEC. BAYAN, KAB. LOMBOK UTARA)

Abstract

The aim of this research is to determine the form of legal regulation of customary forests based on awik-awik and to determine the application of customary sanctions against perpetrators of illegal logging in the customary forest area of Bayan Village, Kec. Bayan, North Lombok Regency. This type of research is empirical legal research, using a statutory approach, sociological approach and conceptual approach.The results of this research are that, apart from legal protection of customary forests, it is a government obligation that must be fulfilled as regulated in article 18b paragraph (2) of the 1945 Constitution, Regulation of the Minister of Environment and Forestry of the Republic of Indonesia Number 9 of 2021 concerning Social Forestry Management, as well as Other regulations are also the responsibility of indigenous communities living in these customary forest areas. Bayan Village, in protecting and maintaining the sustainability of its forests, has its own rules for implementing them, these rules are called awik-awik by the Bayan indigenous people. Awik-awik is carried out strictly and obediently by traditional leaders and indigenous communities in Bayan Village, therefore, when a violation occurs against this awik-awik, traditional leaders will impose sanctions, as is the case in the case of felling trees in customary forest areas.