Assessing Land Rights in Indonesia's Protected Forests: A Case Study of Tormatutung Region

Abstract

The research aims to analyze the complexities of land tenure in the Tormatutung protected forest region, where the issuance of land ownership certificates does not guarantee possession due to overlapping designations as registered and protected forest zones. This anomaly restricts certificate holders from exercising their legal rights over the land. The study assesses Indonesian land tenure policies, focusing on individual land ownership rights granted by certificates. Using a normative research method with a legislative approach, it examines statutory provisions and land use planning policies by relevant agencies responsible for issuing certificates and implementing land rights. The key finding of the research reveals governmental passivity in upholding land ownership rights in protected forest areas, prioritizing global forest preservation over individual property rights. The implications highlight governmental failure to protect the legal rights of certificate holders, constituting a violation of property rights. The research concludes the lack of coordination among government bodies leads to contradictory decisions in the Tormatutung forest area, necessitating proactive measures such as area remapping, reforestation of certified or community-controlled land, and collaborative agreements for regulated land use.