DAMPAK PENERBITAN SK.903/MENLHK/SETJEN/PLA.2/12/2016 TENTANG KAWASAN HUTAN PROVINSI RIAU TERHADAP KEPEMILIKAN TANAH PADA MASYARAKAT DI KECAMATAN LUBUK BATU JAYA KABUPATEN INDRAGIRI HULU

Abstract

Ownership rights to land are regulated in Article 20 of the Basic Agrarian Law, which
stipulates that land ownership is an hereditary, strongest, and fullest right that individuals can
have over land, with a social function. The issuance of Minister of Environment and Forestry
Decree Number 903/MENLHLK/SETJEN
/PLA.2/12/2016 regarding the Forest Area in Riau Province changes the status of the

region to a forest area. One of the areas affected by this change is the Lubuk Batu Jaya Sub-
district in the Indragiri Hulu Regency, where the residents have settled prior to the reform in

1997 and received goverment assistance, such as land for residence and cultivation, especially
for transmigrants. As of now, there is still no clarity regarding the status of land ownership for
the community whose land falls within the forest area based on the ministerial decree. The
objective of this research is to understand and analyze the impacts resulting from the issuance of
Minister of Environment and Forestry Decree Number 903/MENLHK/ SETJEN/PLA.2/12/2016
on land ownership in the Lubuk Batu Jaya Sub-District. Additionally, the research aims to
identify efforts to resolve land ownership issues for the community after the implementation of
the aforementioned decree.
The research methodology employed in this study is sociological. The study is conducted
in The Lubuk Batu Sub-district, Indragiri Hulu Regency, Riau. The population and samples
include Section 2 of the land office in the Indragiri Hulu Regency, the sub-district head of Lubuk
Batu Jaya, the community of Lubuk Batu Jaya Sub-district (Pondok Gelugur Village, Rimpian
Village, and Lubuk Batu Tinggal Village), and the founders of the Non-Govermantal
Organization Forest Rescue Network Riau (JIKALAHARI). The Data sources include primary,
secondary, and tertiary data, with data collection techniques involving interviews and literature
reviews.
The impacts related to land ownership for the residents of Lubuk Batu Jaya Sub-district
within the Riau Province Forest Area after the issuance of Minister of Environment and Forestry
Decree Number 903 include the inability of of residents to obtain funds for Smallholder Oil Palm
Rejuvenation (PSR), inability to apply for loans with Land Certificate (SHM) collateral, and
inability to engage in land transcaction. This is due to the lack of clarity regarding the legality
of land ownership certificates held by the community, preventing them from performing legal
action that require SHM legality.
Keywords: Land Ownership, Forest Area, Legal Certainty