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All Journal FOCUS: Journal of Social Studies
Teguh Hindar
IBLAM School of Law
Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Perlindungan Hukum terhadap Petani Kelapa Sawit dalam Penertiban Kawasan Hutan: Analisis Keadilan dan Kepastian Hukum di Indonesia Teguh Hindar; Marjan Miharja
FOCUS Vol 7 No 02 (2026): FOCUS: Jurnal Studi Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v7i02.2256

Abstract

This study aims to analyze the legal position of oil palm farmers within forest areas and to formulate a fair legal protection model. Tenurial conflicts arise due to the overlap between agrarian and forestry laws and the designation of forest areas that often neglect factual land control by local communities. This research applies a normative juridical method using statutory and theoretical approaches, including legal protection, justice, and legal certainty theories. The findings indicate that farmers’ legal status is limited and transitional, as they do not possess full ownership rights but still hold claims to legal protection and due process. Forest area enforcement policies tend to emphasize administrative measures and state asset recovery, potentially overlooking substantive justice for smallholders. Therefore, a legal protection model based on subject differentiation, limited moratorium, and integrated settlement schemes such as agrarian reform and social forestry is required. This model is expected to balance legal certainty, justice, and environmental sustainability.
Co-Authors Marjan Miharja