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Journal : WAJAH HUKUM

Kewenangan Pemerintah Kabupaten dalam Pengelolaan Hutan Mangrove Saddat, Anwar; Hartati, Hartati; Priskap, Ridham
Wajah Hukum Vol 9, No 1 (2025): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i1.1680

Abstract

The government's authority in the field of forest conservation as stated in Article 27 paragraph (3) above is further emphasized in Law Number 14 of 1999 concerning Forestry, namely in Article 4. Meanwhile, the authority of the regional government regarding forest management is regulated in Law Number 41 of 1999 concerning Forestry in Articles 59 to 65. From Article 59 to Article 65 of Law Number 41 of 1999 concerning Forestry, the regional government also has authority in managing mangrove forests. The objectives of this study are 1) to determine and analyze the authority of the Regency government in managing Mangrove forests 2) to determine and analyze the Regency Government's Policy on mangrove forest management. This study uses normative legal research using the approach, legislation, conceptual approach), historical approach with an 8-month activity plan and the scope or object in this study regarding the authority of the district government in managing mangrove forests based on legal provisions related to legal issues, Collection of primary legal materials, secondary legal materials, and tertiary legal materials using a card system and supported by a computerization system via the internet. There are 3 data collection techniques, namely 1) inventory technique, 2) systematization technique, and 3) interpretation technique. Results: Mangrove damage caused by land conversion, from mangrove forests to settlements and trade, as well as illegal logging and uncontrolled utilization of resources by the surrounding community. The lack of maximum supervision of mangrove forests so that the local government takes a local government policy or the authority to control conversion in a top-down manner (firm policy) through socialization and providing incentives and disincentives for violators. As well as the policy of managing mangroves as coastal protectors so that the number of mangroves is maintained or even increased.
Kewenangan Pemerintah Daerah dalam Hak Pengelolaan Tanah Sebagai Barang Milik Daerah Syeputri, Fazrianita; Hartati, Hartati; Priskap, Ridham
Wajah Hukum Vol 9, No 1 (2025): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i1.1683

Abstract

Although the provincial government is legally able to manage regional assets, there have been numerous instances of abuse of this power, including the following: the total disregard for regional assets; the misuse of rights granted by the regional government to access these assets; and the pursuit of private interests at the expense of the region and its residents. Jambi District Court's Decision Regarding Peace Deed No. 43 / Pdt.G / 2024 / PN Jmb.The goals of this research project are: 1) To learn about and assess the impact of regional asset regulation on the power of regional governments over land management rights 2) Determine and assess the authority of the regional administration to manage land as a resource for the area. This study used normative legal research methods including a statutory approach, a conceptual approach, and a case approach to achieve its aims. There are three levels of legal resources gathered: primary, secondary, and tertiary. Inventorying, systematizing, and interpreting the acquired legal materials constituted the process of analysis. Final findings from the study: 1) Various laws and regulations in Indonesia control the jurisdiction of regional governments in land management rights as regional property. These include Law Number 23 of 2014, Government Regulation Number 27 of 2014, Law Number 5 of 1960, and Regulation of the Minister of Home Affairs. 2. Mechanisms that strive to guarantee the effective, transparent, and accountable administration of public assets are an integral part of the responsibility of regional governments in land management rights as regional property. Important aspects of regional government accountability related to land management include: Asset management reports, supervisory audits, transparency and openness of information, the role of the DPRD, good governance, and sanctions for violations.