Kepastian Hukum Status Tanah Masyarakat Adat Dalam Hak Penguasaan Hutan Dan Tanaman Industri (HPHTI) PT. Riau Andalan Pulp And Paper Di Kabupaten Siak

Suardi, Suardi (2022) Kepastian Hukum Status Tanah Masyarakat Adat Dalam Hak Penguasaan Hutan Dan Tanaman Industri (HPHTI) PT. Riau Andalan Pulp And Paper Di Kabupaten Siak. Other thesis, Universitas Islam Riau.

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Abstract

Land is one of the most important factors in human life or the most vital immovable property, especially Indonesia, where most of the population lives in the agricultural sector, plantations, many land use conflicts with the company where the unclear forest use permit has resulted in a lot of community land being entered into Company HPHTI, Legal Certainty The status of community land must be confirmed. Forest areas must be established to provide legal certainty for community land, the inclusion of customary community land in the Company's Business Permit results in losses for the community. Legal protection provided by the Central and Regional Governments, protection given to legal subjects, both preventive (prevention) and repressive (coercion), both written and unwritten to enforce legal regulations, the Government's obstacles in carrying out protection of community land in terms of supervising every business license or policy that will be issued, the role of the government in responding to the number of community lands in the company's business license, the need for synergy between the center and the regions so that the rules issued do not overlap and the government needs to directly review the object of dispute. Problems always cause harm to the community, however, there is no legal remedy that can be taken against these problems, if the Central, Regional Government and also the Company and the community work together to solve the main problem in order to create legal certainty over the land. This research can be classified in the type of empirical sociological research, because in this study the author directly conducts research on the location or place under study in order to provide a complete and clear picture of the problem under study. This research was conducted in Siak Regency, precisely in Olak Village, Mandau sub-district, while the population and sample are all parties related to the problems studied in this study, the data sources used, primary data, and secondary data, data collection techniques in this study with interviews, questionnaires, and literature study The state should synchronize and coordinate between the Forestry Law and the Basic Agrarian Law so that there is no overlap of authority that can lead to uncertainty and confusion in regulations, which must be carried out by mutual understanding between stakeholders, namely the National Land Agency, the Minister of Forestry and Regional Governments to formulate orientations. peoplecentred policies, people's welfare becomes the main target so that people are not marginalized, which has the impact of alienating people from their sources of livelihood and livelihood.

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