The Dynamics of Land Control in Forest Areas by the Customary Law Community of Nagari Simpang, Pasaman Regency

Forests in Indonesia are a vital ecosystem, covering 64% of the country’s total land area, according to data from the Ministry of Environment and Forestry (LHK) released in 2020. Forests serve not only as a source of livelihood but also as a place for meeting the needs of communities, including customary law community (MHA) that have long controlled and utilized forest land prior to the establishment of the nation. One example of a land control conflict in forest areas by MHA occurs in Nagari Simpang Utara. The MHA, led by Datuk Putiah, claims the forest area as ulayat land under Minangkabau customary law. The government, through the Ministry of LHK, has designated this area as state forest land according to Law No. 41 of 1999 on Forestry, reinforced by Minister of Forestry Decree No. 35/Menhut-11/2013. This study aims to identify the dynamics of land control by MHA and find conflict resolution solutions in accordance with applicable regulations. The research method used is qualitative with a descriptive approach. The findings indicate that the recognition and existence of MHA often conflict with government policies, causing friction between indigenous communities and state authorities. In this regard, conflict resolution efforts must consider both sides to achieve a fair and sustainable solution.

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Publication Details

Journal
Marcapada Jurnal Kebijakan Pertanahan
Published
2024-11-29
DOI
https://doi.org/10.31292/mj.v4i1.65
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
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article

The Dynamics of Land Control in Forest Areas by the Customary Law Community of Nagari Simpang, Pasaman Regency

A. Cery Kurnia, Dwi Wulan Titik Andari, Aristiono Nugroho
Marcapada Jurnal Kebijakan Pertanahan
Indonesian Legal and Regulatory Studies
article

The Dynamics of Land Control in Forest Areas by the Customary Law Community of Nagari Simpang, Pasaman Regency

A. Cery Kurnia, Dwi Wulan Titik Andari, Aristiono Nugroho
article en

Abstract

Forests in Indonesia are a vital ecosystem, covering 64% of the country’s total land area, according to data from the Ministry of Environment and Forestry (LHK) released in 2020. Forests serve not only as a source of livelihood but also as a place for meeting the needs of communities, including customary law community (MHA) that have long controlled and utilized forest land prior to the establishment of the nation. One example of a land control conflict in forest areas by MHA occurs in Nagari Simpang Utara. The MHA, led by Datuk Putiah, claims the forest area as ulayat land under Minangkabau customary law. The government, through the Ministry of LHK, has designated this area as state forest land according to Law No. 41 of 1999 on Forestry, reinforced by Minister of Forestry Decree No. 35/Menhut-11/2013. This study aims to identify the dynamics of land control by MHA and find conflict resolution solutions in accordance with applicable regulations. The research method used is qualitative with a descriptive approach. The findings indicate that the recognition and existence of MHA often conflict with government policies, causing friction between indigenous communities and state authorities. In this regard, conflict resolution efforts must consider both sides to achieve a fair and sustainable solution.

Marcapada Jurnal Kebijakan PertanahanVol. 4(1)
National Nuclear Energy Agency of Indonesia (ID)
Life in Land
Openalex Percentile: Top 62%
Indonesian Legal and Regulatory Studies
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