Agustimada, Rully (2025) Perlindungan Hukum Bagi Masyarakat Dalam Hal Kepemilikan Dan Kemanfaatan Hak Kebendaan Berdasarkan Intruksi Presiden No 5 Tahun 2019 Tentang Penghentian Pemberian Izin Baru Dan Penyempurnaan Tata Kelola Hutan Alam Primer Dan Lahan Gambut. Masters thesis, Universitas Islam Riau.

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Abstract

Presidential Instruction Number 5 of 2019 on the Termination of New Permit Issuance and Improvement of the Governance of Primary Natural Forests and Peatlands aims to protect forest ecosystems and peatlands from further degradation. However, this policy has significantly impacted property ownership and utilization rights, particularly in the Kepulauan Meranti Regency. Many lands that have been traditionally managed by local communities are included in the Indicative Map of Termination of New Permit Issuance (PIPPIB), creating legal uncertainty for landowners. The research problem in this study focuses on how legal protection is provided for communities regarding property ownership and utilization rights based on Presidential Instruction Number 5 of 2019, as well as how the policy is implemented in Kepulauan Meranti Regency. The research method used is normative legal research with a descriptive-analytical approach, which describes legal protection for the community in terms of ownership and utilization of property rights based on Presidential Instruction No. 5 of 2019 on the Termination of New Permit Issuance and the Improvement of Primary Natural Forest and Peatland Governance. The data used in this study includes primary, secondary, and tertiary legal materials. The results of this study indicate that legal protection for the community in terms of ownership and utilization of property rights based on Presidential Instruction Number 5 of 2019 is still not optimal. The moratorium policy has led to the inclusion of many lands in the Indicative Map of Termination of New Permit Issuance (PIPPIB), thereby hindering the process of land certification, business financing, and land utilization for economic activities. A legal mechanism is needed, such as periodic revisions of the indicative map while considering the socio-economic aspects of the community, as well as the formulation of regulations that provide legal certainty for landowners affected by the moratorium. The implementation of this policy in Kepulauan Meranti Regency still faces various challenges, particularly in terms of inter-agency coordination and discrepancies between the indicative map and actual field conditions. As a result, productive lands that have long been utilized by the community are included in the moratorium area without a clear legal solution. These obstacles have a direct impact on the community’s economy, especially in terms of access to land certification, capital, and the development of land-based businesses.

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