Fadillah, Nur (2023) Penyelesaian Sengketa Kawasan Hutan Antara Yayasan Firmar Abadi Dengan Petani Perkebunan Kelapa Sawit (ppks) Berdasarkan Undang-undang Nomor 41 Tahun 1999 Tenteng Penguasaan Hutan Dikabupaten Kampar. Other thesis, Universitas Islam Riau.

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Abstract

Every activity of managing, utilizing and using forest areas must obtain a permit from the State, the Government, the Minister of Environment and Forestry. Utilization and/or use of forest areas without permission from the Minister of Environment and Forestry is a criminal act based on Law Number 41 of 1999 concerning Forestry and Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction. The main problem in this research is how is the process of resolving forest area disputes between foundations and oil palm plantation smallholders (PPKS) based on law number 41 of 1999 concerning forest tenure in Kampar district, what are the obstacles in resolving forest area disputes between foundations and coconut plantation farmers (ppks) based on law number 41 of 1999 in Kampar district. The type of research used is included in empirical research, Empirical Legal Research is a legal research method that uses empirical facts taken from human behavior. While seen from its nature, this research is descriptive. Settlement of forestry disputes through representative lawsuits based on the Forestry Law can be carried out by communities or groups of people who have suffered losses due to forest destruction as a result of forest management that is not in accordance with statutory regulations. Representative lawsuits are possible because there are a large number of members so they are not effective and efficient if done individually, there are similarities in facts and legal basis, there are similar claims in the form of basic compensation, there are group representatives who have criteria. The obstacle in resolving disputes in this study is that there is no clarity about how the status of the disputed land occupied by the people here is oil palm plantation farmers, as well as in terms of rights, the rights owned by the community previously appeared before the legislation regarding forestry was born.

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