Forestry Partnership as an Alternative for Settlement of Forestry Disputes in Indonesia

Abstract

This study examines the forestry partnership, which is one of the government's social forestry programs. This forestry partnership program focuses on community empowerment and provides an alternative to the frequent occurrence of forestry disputes in forest utilization and/or management areas. Forestry Partnership includes the state and its people in an agreement with stipulations that each side must meet and implement. However, there is an unequal bargaining stance (bargaining power) between the state and its citizens, and this is one of the causes of disputes. This study is a descriptive normative legal study. Secondary data are utilized in this study, i.e., data that is not gathered directly from the field or the community, but rather through literature review by evaluating and analyzing books, journals, and internet data. The forest partnership agreement between LMDH Banyurip Lestari and KPH Surakarta is a manifestation of the employment of civil law instruments, according to the findings of this legal study. As a result, the government's position as a representative of a legal entity is identical to that of a person or civil legal entity in general, which is subject to civil legislation and can take actions in the civil sector, which in this case are carried out by KPH Surakarta as a legal entity .Thus, the fairness aspect of this forestry partnership agreement has been met, as the actions taken by the government in the forestry partnership agreement are an exercise of authority as a government organ that is also bound by juridical provisions, incorporates general principles of good governance, and effectively functions as an alternative dispute resolution mechanism in the field of forest utilization and/or management.