Ronald Sebayang
Universitas Pakuan, Bogor

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Pemulihan Aset Negara atas Lahan Hutan Lindung yang Dikuasai Individu melalui Penguatan Peran Intelijen Kejaksaan Ronald Sebayang
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 5 No. 3 (2026): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL (JHPIS)
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v5i3.6657

Abstract

The occupation of protected forest land by individuals through land ownership certificates creates a complex legal problem because it intersects forestry law, land registration, prosecutorial intelligence, and the doctrine of state asset recovery. Protected forest areas are not merely administrative objects but ecological public assets whose function is connected to water regulation, erosion control, flood prevention, and the protection of public welfare. This article aims to analyze the legal framework governing protected forests, the position of land certificates issued over protected forest areas, the role of prosecutorial intelligence in detecting and supporting the recovery of state assets, and the structural and substantive barriers that hinder recovery efforts. The research applies a normative juridical method supported by empirical orientation through a case-based reading of the emergence of individual ownership claims over protected forest land in the Sambas/Pemangkat context. The analysis shows that prosecutorial intelligence may play a strategic role in early detection, data collection, legal mapping, asset tracing, interagency coordination, and prevention of further transfer or exploitation. However, its role must be framed as support for lawful recovery rather than direct land execution. The main barriers include fragmented authority, sectoral ego, non-integrated forest and land data, limited technical capacity, and the absence of a comprehensive non-conviction based asset forfeiture mechanism. The article proposes an integrated forest-land asset recovery model based on synchronized geospatial data, legal audit of certificates, interagency protocols, temporary object security, and ecological restoration. This model is expected to strengthen legal certainty, protect state assets, and support environmental justice.