2014
DOI: 10.38011/jhli.v1i2.13
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Hak Menguasai Negara Di Kawasan Hutan: Beberapa Indikator Menilai Pelaksanaannya

Abstract: AbstrakKementerian Kehutanan (sekarang berganti menjadi Kementerian Lingkungan Hidup dan Kehutanan) sedang menjalankan program percepatan pengukuhan kawasan hutan. Tujuannya antara lain menciptakan kawasan hutan yang berkepastian hukum dan berkeadilan. Meskipun demikian, persoalan lebih mendasar dari percepatan pengukuhan kawasan itu adalah memperjelas alas hak penguasaan pemerintah dan masyarakat pada tanah-tanah yang termasuk ke dalam kawasan hutan.Tulisan ini bertujuan menjelaskan konsep-konsep hukum terkai… Show more

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“…However, in reality, human expansion has changed the forest, and people have started to utilize the land inside the forest and its perimeter for their activities, including settlement, agriculture, grazing, and plantations. Not only individual utilization, but other parties such as the Customary Law Community, village government, legal and social organizations, and government agencies also set up land-based activities in the area [26]. This condition, however, triggers conflicts between forest management authorities and the communities, which have been crucial issues in Indonesia [27].…”
Section: Resultsmentioning
confidence: 99%
See 1 more Smart Citation
“…However, in reality, human expansion has changed the forest, and people have started to utilize the land inside the forest and its perimeter for their activities, including settlement, agriculture, grazing, and plantations. Not only individual utilization, but other parties such as the Customary Law Community, village government, legal and social organizations, and government agencies also set up land-based activities in the area [26]. This condition, however, triggers conflicts between forest management authorities and the communities, which have been crucial issues in Indonesia [27].…”
Section: Resultsmentioning
confidence: 99%
“…While the land administration system in Indonesia is only applicable in non-forest areas (that cover only 37% of the total area of Indonesia), attempts to resolve conflicts and disputes related to land utilization and possession in forest areas should be handled in a robust manner. However, Safitri [26] mentioned that land administration in Indonesia has the nature of dualism, when the government acknowledges the existence of Customary rights and community rights to land but at the same time states that all land is under the jurisdiction of the state. On forest area, the government interprets that forest area as state forest area, whereas according to Law No.…”
Section: Resultsmentioning
confidence: 99%