PARTISIPASI MASYARAKAT ADAT DALAM PROGRAM PENGURANGAN EMISI DARI DEFORESTASI DAN DEGRADASI HUTAN (Studi Sosio Legal pada Masyarakat Adat di Kalimantan Barat)

Abstract

The focus of this research study is about the participation of indigenous people in REDD program. The importance of conducting this research is explaining the opportunity of indigenous people to participate in the REDD program, because they have experienced in protecting forests according to their local knowledge such as indigenous people protection pattern, traditional shifting agriculture, tembawang and so forth. However, the participation of the indigenous people has facing the barriers in the form of juridical constraints or the barriers which is coming from themselves. The weakness position of this indigenous people is not likely to be weakening their role and position in the REDD program implementation. Nonetheless, indigenous people trying to protect the forest in their activities. This position has the contra position with the other actors who involved in REDD programs such plantations (oil) companies which has a more powerful position, easy access for decision making and so on. It means that indigenous people should be given the opportunity to participate in a REDD program. Giving them the opportunity will avoid the undesirable thing as social jealousy, conflict and so on. This argument make this research become important for discussing and analyzing the participation of indigenous people in REDD programs, especially in West Kalimantan. The research problem is focusing to the participation of Indigenous people in the REDD program. While the issues raise are: 1. Why indigenous people can participate in REDD program? 2. Why is the participation of indigenous people in REDD programs have problems? 3. How does the legal construction of the participation of indigenous people in REDD program? This dissertation research using the "constructivism" paradigm. This research uses the theories or the comprehension of : customs, customary law, indigenous people, the concept of legal pluralism, local wisdom, the state ideals , legal system, responsive legal, symbolic interactionist, the law states that felicitate the citizen and progressive law. This research is a qualitative study that using socio legal. The data is collected by interviews, observations, field notes and FGD tehniques. This research is conducted in West Kalimantan with the sample study sites are Ketapang and Kapuas Hulu district. These districts were chosen because these districts are the pilot project for REDD program. The findings of this dissertation research is the explaination about the construction of customary law regarding the participation of indigenous people in the West Kalimantan REDD program specifically the legal construction in accordance with the indigenous people participation model of West Kalimantan. Keywords: Socio-legal, participation of indigenous people, REDD programs.