DINAMIKA PENGUASAAN TANAH DALAM KAWASAN HUTAN OLEH MASYARAKAT HUKUM ADAT DI NAGARI SIMPANG UTARA KECAMATAN SIMPANG ALAHAN MATI KABUPATEN PASAMAN

ADENK KURNIA, 20293334 (2024) DINAMIKA PENGUASAAN TANAH DALAM KAWASAN HUTAN OLEH MASYARAKAT HUKUM ADAT DI NAGARI SIMPANG UTARA KECAMATAN SIMPANG ALAHAN MATI KABUPATEN PASAMAN. Diploma thesis, Sekolah Tinggi Pertanahan Nasional.

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Abstract

Forests in Indonesia are important ecosystems that cover 64% of the country's total land area, according to data from the Ministry of Environment and Forestry (LHK). Forests are not only a source of livelihood but also a place to meet the needs of the community, including customary law communities (MHA) who have long controlled and utilized forest land before the formation of the state. One example of a conflict over forest land control by MHA occurred in Nagari Simpang Utara, Simpang Alahan Mati District, Pasaman Regency. In this area, the MHA led by Datuk Putiah claims forest areas as customary land based on Minangkabau customary law. They argue that the land is a heritage of pusako that has been used for generations to meet the needs of life. The government through the Ministry of Environment and Forestry designated this area as a state forest based on Law No. 41 of 1999 concerning Forestry and strengthened by the Decree of the Minister of Forestry No. 35/Menhut-11/2013. This research aims to identify the dynamics of land tenure by MHA and find conflict resolution solutions in accordance with applicable regulations. The research method used is qualitative with a descriptive approach. The findings show that the recognition and existence of MHA often contradicts government policy, causing friction between indigenous peoples and state officials. The recognition of MHA based on the government's juridical criteria needs to be balanced with understanding and respect for customary law that has been in force for a long time in the community. Thus, conflict resolution efforts must consider both sides to reach a just and sustainable solution. Conservation Partnerships on customary land in natural reserve forest areas and Social Forestry on customary land in protected forest areas are considered to be the right solution to minimize the occurrence of conflict in the future. Keywords: Customary Law Society, Land Tenure Conflict, Customary Law.

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