PERLINDUNGAN HUKUM ATAS HAK MASYARAKAT HUKUM ADAT TERHADAP PENGELOLAAN LINGKUNGAN HIDUP DI DESA SIKALANG KECAMATAN TALAWI KOTA SAWAHLUNTO PROVINSI SUMATERA BARAT

Abstract

This research relates to legal protection of the rights of indigenous
peoples to environmental management in Sikalang Village, Talawi District,
Sawahlunto City. Coal mining activities have an impact on environmental damage
to customary law communities. Therefore it is necessary to examine first, legal
protection of the rights of the legal community to environmental management in
Sikalang Village, secondly the constraints on legal protection of the rights of
indigenous peoples to environmental management in Sikalang Village, thirdly
efforts in legal protection of the rights of indigenous peoples to management
environment in Sikalang Village.
This research is a sociological legal research, because it is based on field
research, namely by collecting data from observations, interviews, questionnaires,
and literature studies that have to do with problems using qualitative data
analysis, producing descriptive data, and concluded with a deductive thinking
method.
From the results of the study, it was concluded that, first, the legal
protection of the rights of indigenous peoples to environmental management in
Sikalang Village, Talawi District, Sawahlunto City has not been maximized as
expected by Law Number 32 of 2009 concerning Environmental Protection and
Management. Second, the obstacle in legal protection of the legal community's
rights to environmental management in Sikalang Village, Talawi District,
Sawahlunto City is the position of indigenous peoples who are considered to be
still low in obtaining justice. The three efforts to obtain legal protection for the
legal community's rights to environmental management in Sikalang Village,
Talawi District, Sawahlunto City continue to be pursued by both the
environmental service and the local customary law community, especially in
preserving local wisdom.
Keywords: Legal Protection – Indigenous Peoples - Environment