KONSTITUSIONALITAS KRITERIA MASYARAKAT (HUKUM) ADAT PASCA-PUTUSAN MAHKAMAH KONSTITUSI NOMOR 35/PUU -X/2012

Since its formation in 1945, Indonesia has been accepting the existence of custom laws and society together with inherent traditional rights. Nevertheless,  there are no implementing provisions  and rules for the enactment of sue traditional  laws. Consequently, the enactment of traditional laws continuously  has constraints on the field, whic inevitable raises debate on the definition, scope, criteria, and indicators of the custom Jaw. Because of the files sued the Custom Law Alliance, with two traditional groups from Riau and West Java, against several provisions in Law Ne 41/1999 on Forestry, the Constitutional  Court has issued its Decision No. 35/2012.  This decision is a solution to cope with problematical   articles in the law No. 41/1999  on Forestry and to explain  the Court's views on the custom  law society including its criteria and implementing rules. This essay discusses 5 essential lessons reflected from the Constitutionc Court's Decision No.35/2012, mainly on the procedure to fully implementing the custom law regarding its traditional rights on forestry.