COOPERATION AGREEMENT ON PERHUTANI LAND FOR THE UTILIZATION OF FOREST RESOURCES WITH THE COMMUNITY IN THE FOREST MANAGEMENT UNIT OF INDRAMAYU
DOI:
https://doi.org/10.33603/hermeneutika.v9i2.10790Kata Kunci:
Agreement Deviations, Positivist Paradigm, Normative Juridical, Pacta Sunt Servanda, Perhutani, KPH IndramayuAbstrak
This study aims to analyze deviations in the cooperation agreement between Perhutani and tenant farmers in KPH Indramayu from a legal perspective. Using the positivist paradigm, this research focuses on the normative aspects and legal certainty in the implementation of the agreement. The method employed is a normative juridical approach, utilizing a qualitative descriptive model, which examines legislation, agreement documents, and relevant legal decisions. The legal issues analyzed in this study include violations of the pacta sunt servanda principle, legal uncertainty resulting from deviations in the agreement, and a lack of good faith in the implementation of cooperation. The arguments built emphasize the importance of strengthening regulations, enhancing supervision, and optimizing dispute resolution through both litigation and non-litigation approaches. The findings of this study are expected to contribute to the formulation of more effective policies in regulating forest management cooperation between Perhutani and tenant farmers.
Referensi
Amirudin & Zainal Asikin, 2004, Pengantar Metode Penelitian Hukum, Raja Grafindo, Jakarta.
Austin, John, 1832, The Province of Jurisprudence Determined, London: John Murray.
Bentham, Jeremy, 1789, An Introduction to the Principles of Morals and Legislation, Oxford: Clarendon Press.
Berger, Peter L. & Thomas Luckmann, 1966, The Social Construction of Reality: A Treatise in the Sociology of Knowledge, New York: Anchor Books.
Burhan Bungin, 2008, Analisis Data Penelitian Kualitatif, PT Raja Grafindo Persada, Jakarta.
Ehrlich, Eugene, 1936, Fundamental Principles of the Sociology of Law, Cambridge, MA: Harvard University Press.
Fuller, Lon L., 1964, The Morality of Law, New Haven: Yale University Press.
Kelsen, Hans, 1967, Pure Theory of Law, Berkeley: University of California Press.
Mass Media:
Legal Land Buying and Selling
Litigation and Non-Litigation Dispute Resolution – Eddy M. Leks, Property Law
Legal Aspects of the Term of Use Rights Over State Land and Land with Rights
Legislation:
Article 33, paragraph 3 of the 1945 Constitution of Indonesia states that "The land, water, and natural resources within them are controlled by the state and shall be used for the greatest welfare of the people."
Government Regulation No. 23 of 2021: Regulates forest management in the context of business licensing in the forestry sector.
Government Regulation of the Republic of Indonesia No. 72 of 2010 on the State Forestry Company (Perhutani).
Law of the Republic of Indonesia No. 41 of 1999 on Forestry.
Minister of Environment and Forestry Regulation No. P.21/MENLHK/SETJEN/KUM.1/3/2020: Regulates the structure, functions, and duties of KPH, BKPH, and RPH.
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Hak Cipta (c) 2025 Basiran Basiran, Ayih Sutarih, Sigit Gunawan
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