Legal Protection of Land Ownership Rights Holders Against Overlapping Protected Forest Areas

Muhammad Takeshi Yusran; Imam Koeswahyono; Indah Dwi Qurbani

doi:10.55173/yurisdiksi.v21i2.301

Authors

Muhammad Takeshi Yusran Faculty of Law, Brawijaya University Malang, Indonesia
Imam Koeswahyono Faculty of Law, Brawijaya University Malang, Indonesia
Indah Dwi Qurbani Faculty of Law, Brawijaya University Malang, Indonesia

DOI:

https://doi.org/10.55173/yurisdiksi.v21i2.301

Abstract

This study examines the agrarian conflict in Tanea Village, South Konawe Regency, which arose due to the overlap between community-owned land that has been controlled for generations and has been certified with the determination of protected forest areas based on the Decree of the Minister of Agriculture No. 639/Kpts/Um/9/1982 concerning the Forest Use Agreement (TGHK). This determination was carried out without community participation, thus creating legal uncertainty, the threat of criminalization, and the risk of loss of livelihoods. The study used a sociolegal method with an empirical juridical approach through interviews and document studies, involving six samples from institutional elements, the community, and academics. The results of the study indicate that the factors causing the conflict include historical, institutional, technological aspects, and weak evidence of formal ownership. From the perspective of Karl Marx's conflict theory, this condition reflects the class conflict between the Tanea Village community as a proletarian class dependent on land, and the state as a representative of the bourgeois class that dominates through the forestry regime. Settlement efforts are carried out through preventive legal protection, such as regulations, One Map Policy-based mapping, and socialization, as well as repressive measures through mediation, changes to forest area boundaries, land redistribution through TORA, social forestry programs, and litigation in court.

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