Abstract:
The determination of indigenous peoples' rights to customary forests has been regulated and recognized in the State
Constitution of the Republic of Indonesia of 1945 and Law Number 5 of 1960 concerning Basic Provisions of Agrarian Principles
(UUPA) and the Constitutional Court Decision of the Republic of Indonesia Number 35 of 2012, but until now there are still many
government activities and companies holding Forest Concession Rights Permits that claim customary forests as state forests.
This has resulted in conflicts in customary forest management. This study aims to analyze the causes of conflicts over customary
forest land conversion in the Gowa Regency and analyze the legal consequences of conflicts in the Gowa Regency customary
forest areas. This research uses qualitative research with a descriptive type. By conducting in-depth interviews with the Gowa
District Forestry Service, Customary Leaders and company leaders holding Forest Concession Rights Permits. The results showed
that there was a conflict in customary forest management in Gowa Regency, caused by each party, both local governments,
Forest Concession Rights (HPH) holders and indigenous peoples claiming that they did not clearly understand the meaning
contained in the legislation and also the Gowa Regency Regional Regulation which recognized the rights of indigenous peoples
only limited to recognition but in fact, deprived indigenous peoples of their rights in the form of forests, as a result of the legal
occupation of customary forest areas in Gowa Regency by local governments and HPH Permit Holders, flooding and erosion
due to massive deforestation and residents around the forest are declining health level (Poor). For this reason, the local
government is expected to immediately make optimal efforts to empower indigenous peoples in the form of forests so that
they can improve their welfare and not give permission to companies to manage customary forests in the Gowa Regency so
that conflicts are not prolonged
