Open AccessCritical Review of Indonesian Government Legal Policies on The Conversion of Protected Forests and Communal Lands of The Indigenous Batak People around Lake Toba
Author(s) -
Imamulhadi Imamulhadi,
Nani Kurniati
Publication year - 2019
Publication title -
padjadjaran
Language(s) - English
Resource type - Journals
ISSN - 2460-1543
DOI - 10.22304/pjih.v6n3.a2
Subject(s) - indigenous , constitution , government (linguistics) , indonesian , tourism , declaration , presidential system , indigenous rights , geography , political science , human rights , dilemma , public administration , environmental planning , environmental protection , law , ecology , politics , epistemology , linguistics , philosophy , biology
The Development Plan of Sibisa Lake Toba Tourism Area as The National Strategic Area for Tourism by performing a land conversion on protected forests and communal lands had stirred up a problem dilemma regarding the resistance from indigenous people around Toba Lake. It is crucial to be questioned, whether the conversion policy of protected forests and communal lands by the Indonesian Government to develop Sibisa Danau Toba Tourism Area is in accordance with related laws and regulations? As the answer, it can be concluded that the mentioned policy opposes: Article 18b of the 1945 Constitution; Article 15 of the Law of 2009 Number 32 on Environmental Protection and Management; Presidential Regulation Number 81 of 2014 on The Spatial Planning of Lake Toba Area; The Law of 1999 Number 39 on Human Rights; The Law of 2016 Number 6 on Village Government, and lastly, the United Nation Declaration on Human Rights of Indigenous People (UNDHRIP).