PENGUASAAN TANAH YANG BERADA DALAM KAWASAN HUTAN PRODUKSI KONVERSI DI KOTA PALANGKA RAYA

BULUARA, JUARI (2024) PENGUASAAN TANAH YANG BERADA DALAM KAWASAN HUTAN PRODUKSI KONVERSI DI KOTA PALANGKA RAYA. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

The problem stems from social phenomena in the community, many community settlements are included in Convertible Production Forest Areas (HPK) but the National Land Agency (BPN) does not dare to issue Certificates of Ownership Rights (SHM). We should all know that Convertible Production Forest Areas in principle are HGUs whose useful life has expired and in existing terms there are no remaining forest stands, only community land and/or community settlements, so that the research concept in this thesis is supported by principles and theories. It is relevant that researchers consider that there is legal ambiguity regarding the Law and other Implementing Regulations including the Palangka Raya City RTRW Regional Regulation which does not accommodate the spatial status and rights to community land that is included in the Convertible Production Forest Area. Based on these problems, researchers are interested in raising a theme with the title "Control of Land in Convertible Production Forest Areas in Palangka Raya City”. The objectives of this research are: 1) to describe an overview of land tenure within the conversion production forest area in Palangka Raya City and 2) to describe an overview of the status of land tenure within the conversion production forest area which is still designated. The results of this research are, First, constructive steps towards resolving the legal status of land around the converted production forest area in Palangka Raya City, including through the following mechanisms: a. Land Object of Agrarian Reform (TORA), b. Partial Change of Forest Area to Non-Forest Area, and c. Social Forestry, Second, regarding the status of land ownership in conversion production forest areas which are in the nature of designation, there is Constitutional Court Decision Number 45/PUU-IX/2011 which states that the designation of forest areas does not have permanent legal force and is not in ccordance with the principle of legal certainty because it is still a The initial stage of gazetting the forest area, so that land control by the community in the convention production forest area can still be recognized as existing.

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