Perlindungan Hukum Hak Keperdataan Warga Masyarakat di Atas Tanah yang Berada dalam Kawasan Hutan berdasarkan SK Menteri Kehutanan RI No. SK 463/Menhut- II/2013 di Kota Batam

Abstract

of Forestry Ministerial Decree No. 173 / Kpts-II / 1986 dated June 6, 1986 on the appointment of the Provincial Forest Area In Riau As provincial, Forest Area. The ministerial decision based on the result of an agreement among the various agencies dealing with space management. As a result of agreements between institutions, the Minister of Forestry is better known by the term forest Forest Land Use Agreement (TGHK). But in doing development does not follow the BP Batam Forestry Ministerial Decree No. 173 / Kpts-II / 1986 and Minister of Forestry Decree No. 47 / Kpts-II / 1987. On June 27, 2013, the Ministry of Forestry issued a decree, the Minister of Forestry Decree No. 463 / Menhut-II / 2013, which resulted in several regions in Batam which has built the existing public facilities such as ports, housing, residential areas, shopping malls, business centers and industrial center that has been granted permission by the BP Batam, through Decree 463/2013 is designated as forest area and forest zone status yet Other (APL) which causes doubts for the community will be the status of legal certainty of land rights that they have, this resulted Decree 463/2013 is being debated in the Riau Islands. Communities, businesses, and even traditional leaders in Riau Islands protest. Under these conditions, legal issues can be formulated as follows, namely: 1 How does the appointment and determination of forest land based on the Minister of Forestry Decree No. 463 / Menhut-II / 2013 in the city of Batam?, 2 Is that arise as a result of the civil rights community land above the land within the forest area by Decree Minister of Forestry Decree No. 463 / Menhut-II / 2013 In the city of Batam?, 3. How legal safeguards against the civil rights of citizens on the land within the forest based on based on the Minister of Forestry Decree No. 463 / Menhut-II / 2013 in the city of Batam? This type of research is used to answer the problem under discussion in this thesis is a normative study, the nature of the research is prescriptive and applied, as for the legal source material used in this study is the primary legal materials, secondary law and non-law materials. Sources of legal materials collection techniques used in this study is library research (library research) and research derived from the opinions of experts in the form of legal doctrines, as well as interviews conducted with informants who are considered to have competence in their field which aims to get the conception, theory, opinion or conceptual thinking. Analysis of the source material to systematize the law, using the method of interpretation, as well as doing construction. The results of this study indicate that the designation and establishment of forest area based on the Minister of Forestry Decree No. 463 / Menhut-II / 2013 in the city of Batam is actually not appoint a new forest because of the first region is forest area that has been through the process of strengthening of the forest area; designation, boundary marking, mapping and determination of forest areas that are still maintained and partly changed its function, the existing designation Decree 463/2013 a forest not as a substitute due to forest lands based TGHK 1986. Arising due to the civil rights community land on the land within the forest area, based on the Decree 463/2013 is; Some form of legal action and engagement agreements within the scope of civil law are often made citizens of the right to land can still be done but only within the scope of transactions between individuals, to the banks as a bank to land certificates can’t be used as collateral. Efforts legal protection of civil rights of citizens on the land within the forest area, based on the 463/2013 the area, based on the 463/2013 included as forest land, but owned the rights to the land building rights / rights of use by the public, then the Ministry of Forestry proposes to compensate the land rights of the community compensation based on the price of local public which can be money, land (land exchange), or other facilities. It is expected should be review decision Decree 463/2013 where territorial dispute should be resolved prior. To be expected also protected civil rights community in a variety of legal actions against the land title certificate has legal certainty of land rights must be immediately discussed and prioritized by a member of Parliament does not arise again legal uncertainty over land rights community. Need to be implanted immediately if the land restitution process communities must be taken to be a forest area shall be in accordance with the losses experienced by the people and it takes a long time, but when the actual presence of people who are already occupying the area of forest area and has no impact on the environment should remain defended the rights of the community. 1. The Legal Protection Keyword: 2. Civil Rights of Citizens 3. Forest Area Based on the Decree 473 / Menhut-II / 2013