LEGAL STATUS OF LAND RIGHTS IN FOREST AREA CLAIMS POST CONSTITUTIONAL COURT DECISION NUMBER 34/PUU-IX/2011 Sadino (a), Aris Machmud (b)
University Al-Azhar Indonesia
Abstract
The Formulation problem in this research are, First, how should state control of forests still pay attention to land rights through the process forest area confirmation? Second, how should the Government carry out the Constitutional Court Ruling regarding forest control by the state in protecting the constitutional rights of citizens who are affected by it?
The legal research used in this study uses normative legal research related to Constitutional Court Decisions and other legal provisions in the process of determining an area/land to become a forest area,
The Result are that in accordance with the procedures the territorial space is not a forest area and already has land rights under cultivation rights (HGU) but is still included as a reserve forest area by the Ministry of Environment and Forestry and given to forestry permit holders. The Petitioner argued that the Government^s action violated the Petitioners^ constitutional rights because they already had land rights granted by laws and regulations, especially the Basic Agrarian Law, so that the touchstone used by the Petitioners was Article 28G paragraph (1) and Article 28H paragraph (4) of the 1945 Constitution. The Petitioner argues that the Government^s action in implementing the provisions of Article 4 paragraph (3) of Law Number 41 of 1999 concerning Forestry is contrary to the 1945 Constitution if it is not interpreted insofar as it does not mean ^Forest control by the State is still obliged to protect, respect and fulfill the rights of indigenous peoples, insofar as they actually exist and their existence is recognized, the community^s rights are granted based on statutory provisions, and do not conflict with the national interest^ according to the Constitutional Court Ruling
Keywords: Control Over State Forests, Decisions of the Constitutional Court, Legal Protection of Land Rights
Topic: Law and Ethics in Terms of Islamic Perspective
