Abstract
Controlling and determining ownership of forest area in Indonesia are done by units of forest area gazettment, which are ranging from designation to determination of boundary. The process is not quite easy and have tendency to be unsuccessful. The aim of study was to reveal the difficulty and to analyze series of measurements to reform. Descriptive data were analyzed qualitatively using strategy typology based on data collected through in-depth interviews, participant observation and document review. The results showed that forest area gazettments had not been able to guarantee tenure as proof of ownership at local level dominated by proven un-written rights. Delineation process had potential conflict because it did not disclose claims process in a transparent manner. The mechanism of strengthening forest area did not meet the rules. This is because of low capability of Forest Boundary Committee (PTB). Therefore, it requires a set of actions namely strengthening of the PTB, separating duties between achievement and maintenance of legitimacy. To maintain the legitimacy needs the presence of managers at site levelwith strong legitimacy from government to collaborate with non-governmental organizations.
Highlights
Characteristics of state forest as common pool resources/CPRs require effective arrangements to have ownership and control of legal certainty
The certainty is obtained through a process that starts from forest area gazettment of designation, boundary demarcation, mapping to the determination (Forestry Law/UU Number 41/1999 concerning on Forestry (Article 12), Government Regulation/PP Number 44/2004 concerning on Forestry Planning (Article 15), and regulation of the Minister of Forestry P.44/Menhut-II/2012 jo
The issue of forest area gazettment root Content analysis is done on regulations of governing organizer boundaries of the Ministry of Forestry/MoF Number P.47/Menhut-II/2010; rules that concerning The Formation of PTB; regulation of the Director General of Forestry Planning Number P.6/VIIKUH/2011 concerning Technical Instructions Forest Area Gazettment, and Riau Governor's decision Number Kpts.662/v/2011 concerning The Establishment of Forest PTB District/City in Riau Province including regulation of the MoF Number P.44/Menhut-II/2012 jo
Summary
Characteristics of state forest as common pool resources/CPRs require effective arrangements to have ownership and control of legal certainty. P. 62/Menhut-II/2013, which did determine the steps to resolve, and finalize the third party rights (Article 23) This means that the duties and authority of the PTB is to realize the legitimacy. The Government has not been able to provide certainty of ownership and control (Efendi 2002; Contreras-Hermosilla & Fay 2006), even policy since the beginning of potential conflict (Nugraha 2013). This proves that the government has not succeeded in implementing policies of forest area gazettment
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