Received: 04.06.2021 Revision: 16.06.2021 Accepted: 24.06.2021 Published: 30.06.2021
Septiawan Risma Saputra1, I Gusti Ayu Ketut Rachmi Handayani2 and Lego Karjoko3
1Student of Master of Notary Postgraduate School of Universitas Sebelas Maret, Ir. Sutami Street 36 Kentingan, Jebres, Surakarta, Central Java, Indonesia, S.H. (Universitas Sebelas Maret).
2Lecturer of Faculty of Law of Universitas Sebelas Maret, Ir. Sutami Street 36 Kentingan, Jebres, Surakarta, Central Java, Indonesia, Prof. (Universitas Sebelas Maret), Dr. (Universitas Diponegoro), S.H. (Universitas Diponegoro), M.H. (Universitas Indonesia).
3Lecturer of Faculty of Law of Universitas Sebelas Maret, Ir. Sutami Street 36 Kentingan, Jebres, Surakarta, Central Java, Indonesia, Dr. (Universitas Diponegoro), S.H. (Universitas Airlangga), M.H. (Universitas Diponegoro)
Abstract: This research aims to find out whether or not the implementation of forest area management by Forest Management Unit of Daerah Istimewa Yogyakarta Province in Creating Law Certainty and Justice. To solve this problem, the research method employed as normative research. This study employed statute approach. Meanwhile, methods of collecting data used were reading, learning, studying, and analyzing as well as making note from literatures, legislations, documents, and any other things relevant to the problem studied. So, to a question “has the implementation of forest area management by Forest Management Unit of Daerah Istimewa Yogyakarta Province been able to bring law certainty and justice into reality, an answer is obtained that Law certainty and justice aspect in forest area management is brought into reality by Forest Management Unit of Daerah Istimewa Yogyakarta Province through empowering the community in developing non-wood forest product such as rattan development, pineapple, honey bee breeding, and etc. In addition, Forest Management Unit of Yogyakarta also provides area utilization permit in the form of: 1) 42 IUP HKM units for Community Forest (HKm) to forest farmer group distributed in 2 (two) regencies: 35 units in Gunungkidul Regency and 7 (seven) units in Kulonprogo Regency, 2) area utilization including Education Forest Wanagama I, Playen Research Forest, and cooperative region of six colleges.
Forest as a national development asset is really beneficial to Indonesians’ living and life, equally and dynamically, whether ecologically, social-culturally, or economically. For that reason, forest should be managed, utilized, protected, and conserved sustainably to people’s welfare, both present and future generations. In its position as a determinant of life supporting system, forest has benefited human beings considerably; thus it should be conserved. Forest serves as harmonizer and equalizer of global environment, so that its relationship to international world becomes so important, by remaining to prioritize national interest.
Indonesia’s tropical forest, according to data of National Level Forestry Plan (Rencana Kehutanan Tingkat Nasional, thereafter called RKTN) of 2011-2031, is 130.68 million ha2 wide. It is the 3rd widest tropical rain forest following Brazil and Congo’s. The tropical forest, in reality, is damaged severely. About 130,000 km2 (as wide as UK’s area) of Indonesia’s forest damages annually. The result of World Bank Development’s study in 2010 shows that Indonesian deforestation rate occupied the 2nd rank following Brazil in 1990-2005, with total average contribution of 25.9% per year. Such forest damage cannot be ignored, of course, because its impact threatens not only Indonesian but also global people’s life, and damages condition and accelerates global warming rate.
Forest damage and degradation in Indonesia are due to some factors. One of them is because legislations governing forestry matter with any related aspects (agronomy, mining, plantation, spatial layout, environment, Government and Local Government’s authorities, etc) are not organized well in a comprehensive, harmonious, and synchronous legal system, either vertically and horizontally. Meanwhile, all forestry laws and norms embodied into forestry legislations should be organized into a legal system. Otherwise, it will result in the dispute between the norms of law easily. Legal sociologists (Kees Schuit, L.M Friedman, Soerjono Soekanto) view law in people’s life as legal system/legal order consisting of 3 (three) components: (1) ideal component involving all rules, (2) legal principle component, (3) norm component.1 Ideal component should reflect Pancasila as Indonesia’s philosophy in all forestry legislations. It means that legislations in forestry area should refer to Pancasila as grandnorm in Indonesia legal order. Legal principle component in forestry legislation should derive from the one contained in Article 33 clause (3) 1945 Constitution, the state’s mastery of earth, water, and natural resources contained within, merely to realize the people’s welfare. The norm component contained in the forestry legislation should concretize the legal principle of state’s mastery of natural resource in the form of democratic, just, and sustainable legislation.
Disharmonious, asynchronous and incomprehensive legislation will, in turn, result in many dispute and/or conflict in the field adverse to not only government and employers, but also people, particularly those living inside and surrounding the forest. For example, in establishing forest region, in Perpres (Presidential Regulation No.2 of 2015 about National Medium-Term Development Plan (Rencana Pembangunan Jangka Menengah Nasional, thereafter called RPJMN) of 2015-2019, government targets the completion of forest region establishment. In fact, it is not easy to establish forest region, because legislation synchronization is required in some sectors relevant to forest area. For example, land matter regulation, (gas and mineral, energy, (minerba) mining regulation, plantation regulation, coast regulation, spatial layout regulation, environment regulation, and etc. Those regulations contain sufficiently strong ego-sectoral element and result in overlapping arrangement. The state’s mastery of forest as mandated by Article 33 clause (3) of 1945 Constitution authorizes the government to govern and to deal with any thing related to forest, forest area, and forest produces; to establish forest area and or to change the status of forest area; to govern and to establish the legal relation between people and forest or forest area and forest produces, and to govern the forest-related legal deed. In addition, government is authorized to give license and right to other parties to do any activities in forestry area. Nevertheless, it is very important to certain matters, large-scaled, and has wide impact, and strategy value, so that government should consider people’s aspiration through Legislative Assembly.
In fact, the state’s mastery of forest, as mandated in Article 33 clause (3) of 1945, does not give clear authority. Constitutional Court in its various verdicts examining the legislation related to the state’s mastery provides limitation and expansion of scope all at once, concerning the meaning of state’s mastery, involving 5 (five) authority functions:
1. Authority of making policy (beleid);
2. Authority of legislating (regelendaad);
3. Authority of dealing with (berstuursdaad);
4. Authority of managing (beheersdaad); and
5. Authority of supervising (toezichtsdaad).
In reality, the Constitutional Court’s interpretation on the definition of the state’s mastery of forest and other human resource is still dependent on legal politics enacted by the government over forest and other natural resources. The legal politics itself has not been oriented yet to agrarian reform and natural resource management principles until today. To bring Indonesians’ welfare into reality as the objective of the state’s mastery of natural resource, particularly forest, the authority provided by legislations to government in the term of forest mastery by the state, should be restudied to bring bigger and more real people welfare into reality. For that reason, a study should be conducted on the relationship between governmental institution and Indonesians in order to improve forest resource, particularly to realize people welfare.
The Ministry of Forestry is aware of many weaknesses found in the forest management so far. The past learning proves that by providing the private large investors the management right, in fact, does not repair the forest condition in Indonesia. Forest Management Unit (KPH) is expected to repair the forest management in Indonesia. KPH development pertains to authority, power, right, and obligation in managing forest resource by many parties (government, people, and business world), so that KPH development is an attempt of repairing forest management in Indonesia.
Forest Management Unit (KPH) of Yogyakarta was established based on SK.439/Menhut-II/2007 on December 13, 2007. Yogyakarta KPH’s managing area is established based on Minister of Forestry’s Decree No. 721/Menhut-II/2011, as wide as 15,724.50 ha is divided into Production Forest of 13,411.70 wide, Bantul Regency 1, 041.20 ha wide, and Kulonprogo Regency 856.50 ha wide. Corresponding to Chairperson of DIY Province Forestry and Plantation Service Office’s Decree Number 188/8898 dated November 30, 2010 about the establishment of Forest Region Division (BDH) and Forest Management Resort (RPH) Working Area in Yogyakarta Forest Management Unit (KPH), the State’s Forest Area of Yogyakarta KPH is 15,724.50 ha wide divided into 5 (five) Forest Region Division (BDHs) and 25 Forest Management Resort (RPH) areas.
Yogyakarta Forest Management Unit, in managing forest, attempts to create justice to the people by empowering the community through optimizing the land utilization. The direction of empowerment activity conducted employs public (community) active participation approach, and partnership partner through both land utilization under a stand using agroforestry partner and other patterns. In relation to the presence of Wood Forest Produce Utilization Business License (Izin Usaha Pemanfaatan Hasil Hutan Kayu, thereafter called IUPHHK) in Yogyakarta KPH’s managing region, Yogyakarta KPH serves to control (monitor) and to make evaluation on the holder of license. In the attempt of going toward Yogyakarta KPH as Forest Management Education Center, it opens an opportunity of cooperating with many parties in research and development field. It is related to many tourism potencies existing in Yogyakarta KPH’s managing region, in which KPH will combine natural and cultural presentations, particularly prioritizing Yogyakarta’s cultural uniqueness.
Based on the background above, the author limits the problem to be raised and the problem statement is Has the implementation of forest area management by Forest Management Unit of Daerah Istimewa Yogyakarta Province been able to bring law certainty and justice into reality?
The type of this research uses normative legal research, a legal research that is conducted based on law and regulation and library material, which is known as secondary material. Related with this type of research, the approach used in this paper was the statutory approach.2 This approach was conducted by studying the implementation of forest area management by Forest Management Unit of Daerah Istimewa Yogyakarta Province in bringing law certainty and justice into reality and analyzing legislations on forestry in realizing the forest area management with justice and law certainty.
DISCUSSION AND RESEARCH RESULT
Yogyakarta KPH institution has been currently established through Local Regulation number 36 of 2008 in the form of Regional Technical Implementing Unit (Unit Pelaksana Teknis Daerah, thereafter called UPTD) of DIY Province’s Forestry and Plantation Service Office. This condition needs specific observation on the work relation between Yogyakarta KPH, DIY Province’s Forestry and Plantation Service Office, and other related working units, either forestry or non-forestry. Basic principle used in this work relation pattern will put Yogyakarta KPH onto managing of forest management unit and coordinating, synchronizing, and integrating functions implemented by DIY’s Forestry and Plantation Service Office. In line with Ministry of Internal Affairs’ Decree Number 61 of 2010 about KPH institution, it should be perfected and established well in the term of its duty, function, and position in local organization in Daerah Istimewa Yogyakarta.
The implementation of forest area management by Forest Management unit in bringing law certainty and justice into reality in Daerah Istimewa Yogyakarta Province has been conducted through some activities, among others:
The implementation of forest area management by Daerah Istimewa Yogyakarta Province’s Forest Management Unit in realizing law certainty is based on Local Regulation Number 36 of 2008 and Governor Regulation’s Number 40 of 2008 about the Establishment of UPTD Balai KPH Yogyakarta managing production, conservation, and protected forest area as wide as 16,358.60 ha in DIY Province. Then, a change was made into 15,724.50 ha wide in 2011, corresponding to Minister of Forestry’s Decree No 721/Menhut-II/2011. Law certainty aspect of forest area management by KPH Yogyakarta is also based on Law No.41 of 1999 about Forestry, i.e. the forest area management is divided into production and protected forests.
Justice aspect in forest area management by Forest Management Unit of Daerah Istimewa Yogyakarta Province is accomplished through empowering the community in developing non-wood forest produce such as such as rattan development, pineapple, honey bee breeding, and etc. In addition, Forest Management Unit of Yogyakarta also provides area utilization permit in the form of: 1) 42 IUP HKM units for Community Forest (HKm) to forest farmer group distributed in 2 (two) regencies: 35 units in Gunungkidul Regency and 7 (seven) units in Kulonprogo Regency, 2) area utilization including Education Forest Wanagama I, Playen Research Forest, and cooperative region of six colleges (universities).
Arief Sidharta, Asas Hukum, Kaidah Hukum, Sistem Hukum dan Penemuan Hukum, in Susi Dwi Harijanti (ed.), Negara Hukum yang Berkeadilan: Kumpulan Pemikiran dalam rangka Purnabakti Prof. Dr. Bagir Manan, SH,MCL., Rosda-PSKN FH Unpad, Bandung, 2011, p. 8
Peter Mahmud Marzuki, (2014). Penelitian Hukum Edisi Revisi, Kencana Prenada Media Group, Jakarta, pp 93-95.
1 B. Arief Sidharta, Asas Hukum, Kaidah Hukum, Sistem Hukum dan Penemuan Hukum, in Susi Dwi Harijanti (ed.), Negara Hukum yang Berkeadilan: Kumpulan Pemikiran dalam rangka Purnabakti Prof. Dr. Bagir Manan, SH,MCL., Rosda-PSKN FH Unpad, Bandung, 2011, p. 8
2 Peter Mahmud Marzuki, 2014. Penelitian Hukum Edisi Revisi, Kencana Prenada Media Group, Jakarta, pp 93-95