Curing Disease But Not Symptoms

Settings on Indigenous Peoples, can be inferred from the two assumptions set out. Firstly, the possibility of indigenous peoples do a series of activities inside and outside the forest area with a potentially damaging, or sustainability of forest ecosystem function. Second, the possibility of indigenous peoples do exploit slowly of forests that have been declared as state forests. Two assumptions are made suspicion pitched recognition arrangements are conditional indigenous peoples.

The last four weeks, the topic of forestry lay before us. Field problems trying delivered, to chew and ponder. Not stopping there, the paper also contained a spirit that wants to ask the policy makers to change forest management towards a better by answering the root of the problem. This brief paper attempts to tie the exposure to diseases that have been submitted forestry in previous writings. Once tightly bound, this article will take him to the upstream problem or disease that is actually going to peel Law No. 41 Year 1999 on Forestry (UUK). Only after the building improvements forest management policies that must not be placed based on generic solutions to eliminate the "dizziness and nausea" as a symptom of a sick forest management.

The main points of critical thinking that is not reflected after the main idea altogether new. This main idea used to be a response to the birth of written UUK, has been published and distributed to many groups. This paper simplifies the delivery and only rewrite subjects such thoughts.

The collapse of the Soeharto regime in the May 1998 also brought winds of change on forestry sector. As the new Minister of Forestry and the Plantations, Dr. Muslimin Nasution forestry reform agenda in Indonesia. Wind forestry reform was greeted immediately by the parties who wanted a change forest policy. Top facilitation FKKM, began a series of studies, discussions and public consultations to prepare a change of Law No. 5/1967 on Basic Provisions of Forestry. A series of activities filled with thoughts of traffic of various parties and reformist groups then produces a script that changes at that time was adequate.

This design concept contains fundamental changes to the principles and models of forest management and control over this. Where as many written by experts, under Law 5/1967, the effective ruler of dredge and by leaving the forest wealth of ecological and social damage. However, ultimately the political mechanism still works. Building forest management improvements contained in the bill changes the reformers were collapsed, crushed political actors satus pro quo and UUK born from their hands.

Then, where the disease is congenital UUK. True in the assessment of a legal product should be seen aspects of material and formal aspects. Material aspect, will be analysed the content or substance of the set, while the formal aspects, the investigation carried out on making a formal procedure or policy formulation. This paper will only see materill aspects that will analyze 1. the rationale UUK presence in the 'Whereas', 2. Outstanding Community (Traditional) include sovereignty over the Territory and Systems Management, 3. and the Authority of the Government and the Institute of Forest Management.

Part 'Considering' contains a philosophical foundation, political or sociological who gave spirit to the trunk which is rooted in an understanding and appreciation of social reality. When viewed more in-depth, philosophically speaking, there is almost no difference in this new UUK by Law 5/1967. So as a legislative product that was born from that admitted reformative government, this law just does not make corrections to think that the background is owned by Law 5/1967. The reason that is used only mentioned that the Law 5/1967 is no longer compatible with the principles of control and management of forests, and the demands of the development of a state (point d UUK). UUK defines very vague in his political targets. In contrast to the Law 5/1967 is in the 'weighing' precisely its regulations expressly mentioned in the previous forestry sector are colonial (point c) and after it declared itself as a tool to solve the National Revolution (point d).

More general explanation of the UUK stated that the implementation of forestry should be done by, among other things, the principles of democracy and justice is held under the auspices of a market economy by providing equal opportunities to everyone. This formulation explicitly blind eye to the social fact that there are serious gaps in the ownership and control of production assets. Supposedly, UUK acknowledge the existence of exclusive minority rights. Because if not, the implementation of these principles would only perpetuate poverty.

Settings on Indigenous Peoples, can be inferred from the two assumptions set out. First, the possibility of indigenous peoples do a series of activities inside and outside the forest area with a potentially damaging, or sustainability of forest ecosystem function. Second, the possibility of indigenous peoples do penggerogotan of forests that have been declared as state forests. Two assumptions are made suspicion pitched recognition arrangements are conditional indigenous peoples (Article 5). Recognition of indigenous communities filled with particle-particle that if accumulated then it will initially to recognize indigenous rights.

Character is transformed, with a clear form and escape, in some verses and chapters UUK. As an example of such downgrade is Article 1 paragraph (6) that from the beginning UUK has confirmed that indigenous peoples, in the form of collective, not entitled to have their own forests. Indigenous forest is a forest country that just happened to be in the area of customary law community. And the explanation of Article 5 paragraph (1) is expressed as indigenous forests are forests belong to indigenous peoples, who in every place has its local name, such as clan forests, indigenous forests, etc.

Determination of forest management units based on functions (Article 6), not aligned with the knowledge and indigenous settings. In the Kaili, Mentawai and Defonsero (Irian Jaya), for example, is known for more than 7 even distribution of forest 9. Similarly, in article 30 which pitched force people to have to use cooperatives as the only enterprise in the context of community economic development. Society is not given another option to develop its economy by using other types of business entities.

In the case of government authority (Ministry of Forestry), UUK gives undue authority. Article 5 paragraph (2) provides authority to set the status of government forest cq Ministry of Forestry. Supposedly, only limited authority because the authority to set the function to set the status (ownership) forests (tenure) is in another department which deals with the subject land. Because of the way this situation has the potential to give birth three. First, it will happen seizure of land distribution among departments or agencies. Second, there will be overlap in a single setting the same region.

Hopely, if further substance also brought contradictions UUK Internal and External (disharmony). Internally, there is a clause which pierced pierced its preamble as part of the explanation is not translated further in the main body part but rather denied. UUK externally also shows a contradiction with other rules, for example, by Law 5/1960 is between Article 4 paragraph (2) UUK with article 2 of Law 5/1960 for UUK equate or translate the state. Only so all the authority that comes from mastery of the state forests, all handed over to the government. Only, sometimes done by the Parliament for approval with conditions set in Article 4 Law 5/1960 mentioned that the implementation of rights of control by the state can also be delegated to autonomous regions and certain customary law communities. When Law 5/1960 did not make a separation between the ground objects above and below, the UUK do that as it appears in the use of customary terms (Article 1 paragraph (6) and Article 5 paragraph (3).

Based on analysis of material and formal UUK and contradictions which caused him some described above, the more obvious reason to change UUK. Especially in the birth process is marked by UUK political interests supporting the status quo of forest management style patterns Law 5/1967. As mentioned Prof. Dr. Hasanu Simon, "seminars, discussions and preparing an alternative reform forestry laws of Indonesia, has taken so much time and attention in the years 1998-2000. I joined FKKM erected on the campus of the Faculty of Forestry Gadjah Mada University in 1996 has played an important role in the reform activities. But the bill's progressive FKKM was killed at the hands of the Parliament Commission of Three, defeated by the Forestry Department which plans are prepared only by three people but with a top-down power of the mighty, including direct aid entrepreneurs " (Simon, 2006).