Legal Position of Forest Area in Giving Land Rights Related To the State Land of Indonesia

Abstract

This study is focused on the legal position of the forest area as state land including the supervision authority. This study is an analytical study of all laws and regulations governing natural resources in the form of land, including legal certainty of state land with the status of Forest Area identified as state land. The method used in this research is normative legal research using four approaches, namely the statute approach, the historical approach, the comparative approach, and the conceptual approach. This study concludes that state land with forest area status has a special legal position obtained based on the provisions of the law and regulations in the forestry sector, which is applied in the colonial period in the form of Reglement-reglement, Ordonnantie and Verordening, and also law and regulations applied in Independent Indonesia era in the form of Laws, Government Regulations, Presidential Regulations and Ministerial Regulations. State land with the status of a forest area cannot be used as an object of granting land rights before being released from its status as a forest area by the Minister in charge of government affairs in the forestry sector through a mechanism regulated in the law and regulations in the forestry sector.

Keywords: Legal Position, Forest Area, State Land, Land Rights.