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M. Arif Syahputra; Evita Isretno Israhadi

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study explores the crucial role of legal certainty in the management of natural resources, with a focus on forest areas, as a key factor in ensuring a balanced approach to economic use, environmental sustainability, and the protection of community rights. Forests, both with and without tree cover, require clear legal frameworks to prevent overlapping claims, illegal activities, and degradation. The state's authority in regulating the status and function of forest areas is vital and must be supported by coherent, enforceable policies. Employing a normative juridical method, this research examines primary, secondary, and tertiary legal sources, particularly Law Number 41 of 1999 concerning Forestry, to assess the extent to which Indonesia’s legal system provides certainty in forest area governance. The findings reveal that legal certainty is still challenged by overlapping regulations, inconsistencies in enforcement, and gaps between formal legal provisions and their implementation in the field. These issues often lead to land conflicts, unclear tenure rights, and unsustainable exploitation. Nevertheless, when implemented effectively, the legal framework has the potential to promote responsible management practices, preserve biodiversity, and safeguard indigenous and local communities' rights. The study underscores the need for harmonizing sectoral laws, strengthening institutional coordination, and improving transparency in forest area designation and use. Legal certainty is not only a prerequisite for sustainable development but also a cornerstone for legal justice and equitable resource governance. This paper contributes to the discourse on forest policy reform and aims to inform legislators, policymakers, and stakeholders involved in natural resources management about the importance of strengthening legal foundations for better governance and sustainability.

Muhammad Restu Putra Pratama; I Gusti Ayu Ketut Rachmi Handayani; Lego Karjoko

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze the policy regarding the utilization of conservation forest areas in the Grand Forest Park (Tahura) K.G.P.A.A. Mangkunagoro I Karanganyar, particularly in the context of developing nature-based tourism grounded in the principles of benefit and sustainability. The background of this research lies in the urgency of managing conservation areas not only to preserve the environment but also to contribute to the sustainable social and economic development of surrounding communities. This research employs normative legal research methods with statutory and conceptual approaches. Data were obtained through literature study, document analysis, and direct field observation. The data analysis was conducted deductively by linking normative legal provisions with the principles of benefit and sustainability. The results indicate that the management policy of Tahura K.G.P.A.A. Mangkunagoro I has accommodated the fundamental principles of conservation as stipulated in the applicable legislation, particularly Regional Regulation of Central Java Province Number 3 of 2011. However, in practice, several potential inconsistencies remain. Therefore, it is necessary to improve the implementing regulations, technical governance, and supervision systems to ensure that the policy implementation genuinely reflects the substantive and equitable application of the principles of benefit and sustainability

Ekko Harjanto; Iwan Erar Joesoef; Irwan Triadi

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Environmental law enforcement provides space for environmental organizations to file lawsuits in the interests of environmental conservation as regulated in Article 92 of Law Number 32 of 2009 concerning Environmental Protection and Management. However, in practice, the right to sue environmental organizations is not always accepted by the courts, especially when it concerns certain areas such as Limited Production Forests. This study aims to analyze the material of environmental organizations' lawsuits based on Decree Number 16/PDT.G/LH/2023/PN.BKN. This study uses a normative juridical method and a case study approach with data sources in the form of court decision documents and related laws and regulations. The results of the study show that in this case, this Decision shows that it recognizes the active role of environmental organizations in supervising and suing permit applications for forest areas. In this case, the plaintiff organization argued that the defendant's actions in carrying out exploitation activities in the Limited Production Forest area had violated the law and harmed the ecological function of the forest, thus fulfilling the elements of an unlawful act as regulated in Article 1365 of the Civil Code. This finding resulted in an understanding of the analysis related to the material of the environmental organization's right to sue as an instrument of social control and supervision of forest area utilization policies.

Yemima Ingamita; Alfred Omri Ena Mau; Syahrin Badrin Kamahi

Lembaga Pengembangan Kinerja Dosen 2025 Lembaga Pengembangan Kinerja Dosen

The mangrove forest at Litianak Beach, Holulai Village, Loaholu Subdistrict, Rote Ndao Regency, is a coastal ecosystem with high ecological and economic value. However, this area faces various challenges, including land conversion, overexploitation, and low community awareness of the importance of mangrove ecosystem conservation. This study aims to analyze the role of local institutions in the management of mangrove forest natural resources using a qualitative approach through field research methods. The research focuses on four key institutional aspects: context, structure, behavior, and performance.The findings indicate that mangrove management in Litianak Beach involves synergy between the village government, Village-Owned Enterprises (BUMDes), the Welaleo customary group, and the local community. This institutional structure has proven effective in raising public awareness and reducing illegal logging activities through customary regulations such as Papadak. However, challenges such as economic pressures, tourist waste, and uncertain access to mangrove resources remain obstacles that need to be addressed. The performance of the management shows positive results, marked by increasing community participation in conservation efforts and the development of sustainable mangrove resource utilization.This study highlights the importance of a participatory and culturally rooted local institutional approach in sustaining the mangrove ecosystem while improving the welfare of coastal communities. Strengthening institutional capacity and providing intensive environmental education are essential to ensure more effective and sustainable mangrove management in the future.

Citra Perdana Kesuma

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Article 33, Paraghraph 3 of the Constitution of the Republic of Indonesia clearly states that the lard, water and natural resources contained therein are controlled by the state and utilized for the greatest property of the people. Forest, as a gift from God Almighty are a blessing bestowed upom the Indonesia Nation. These forest are involable natural resources that must be apraciated and manage responsibly. Forest managament is viewed as direct manded that requirest the forest to be utilized while considering the local wisdom of the communities, reflecting gratitude to God Almighty. The utilization of forests as capital of national development provides tangible benefit for the lives and livelihoodes of the indonesion people, including ecological, socio-cultural, and economic benefit in a balance and dynamic manner. Forest must be administered, managed, protected,and sustainbly, utilized for the welfare of the Indonesian people bot current and future generation. Aceh is a spesial region with spesific regulation trough the Aceh Government Law, allowing it to implement unique policies within its teritori, including those releted to forestry. In Gayo Lues, region with substantial forested areas, pine tree taping activities are conducted by both companies with government permits and local communities based on their land ownership claims as recognized by local knowledge.

Vanessa Uli Sembiring; Salwa Sabrina; Wan Mahrani Sembiring; Muhammad Hafis Faisal; Taufiq Rahmadhan

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

State Administrative Law is a legal regulation regarding administration in a country, where the relationship between citizens and their government can run well and safely. In forest management, the need for permits is based on absolute legal provisions which have aspects that must be fulfilled beforehand and regarding the boundaries of each activity in managing forests, the government agrees to supervise them based on Law no. 41 of 1999 concerning Forestry Article 31 paragraph (1) To ensure the principles of justice, equity and sustainability, forest utilization business permits are limited by considering forest sustainability aspects and business certainty aspects. The aim of the research is to determine aspects of forest management. The research method used in this research is literature study by collecting data through articles, the web, books and other sources. The results of the discussion of this research are that forest utilization business permits are limited by considering forest sustainability aspects and business certainty aspects, where these aspects are determinants in managing forests which have been considered previously. The meaning of forest sustainability aspects and business certainty is contained in Article 31 Paragraph (1). What is meant by forest sustainability aspects includes: a. environmental sustainability, b. production sustainability, and c. implementation of social and cultural functions that are fair, even and transparent.  What is meant by aspects of business certainty include: a. area certainty, b. certainty of business time, and c. certainty of business legal guarantees.