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All Journal Warkat RechtJiva
Adianto, Daru
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Humanities Law, Crime, Criminology & Criminal Justice

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Legal Position of Land Tenure in Forest Areas with Special Purposes (Case Study: UB Forest, Tawangargo Village and Donowarih Village, Malang Regency): Kedudukan Hukum Penguasaan Tanah dalam Kawasan Hutan dengan Tujuan Khusus (Studi Kasus: UB Forest, Desa Tawangargo dan Desa Donowarih, Kabupaten Malang) Kusdinar, Iqbal Firdaus; Wicaksono, Setiawan; Adianto, Daru; Ulum, Muhammad Bahrul
WARKAT Vol. 5 No. 1 (2025): Juni
Publisher : Faculty of Law, Universitas Brawijaya

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Abstract

The establishment of the forest areas with specific purposes (KHDTK) is based on the Minister of Environment and Forestry Decision Number 196/Menlhk-PKTL/KUH/PLA.2/1/2020, dated January 22, 2020, regarding the designation of the Educational Forest Area within the protected forest and permanent production forest areas of Kepanjen Forest as the Education and Training Forest of Universitas Brawijaya covering an area of ​​544.74 hectares in Malang Regency, East Java Province. Land tenure within the forest area should be under the Ministry of Environment and Forestry (KLHK) based on the Boundary Marking Minutes. In reality, there is still land tenure within the forest area controlled by the community, where the land is inherited from previous generations and can be used for settlements. Land tenure has been ongoing since the Dutch colonial era in 1919, as confirmed by the Malang Regency Land Office, with the community occupying the location since 1937. The author aims to highlight the legal issues between Sumberwangi Hamlet in the administrative area of Donowarih Village and Sumbersari Hamlet in the administrative area of Tawangargo Village. Considering the history of the formation of Donowarih Village and Tawangargo Village, the establishment history of UB Forest, and the analysis of legal status overlaps between the villages and the UB Forest management, this research conducts a comparative analysis of the settlement regulations, correlating them with land or forest area utilization based on Forestry Law Number 41 of 1999 and Village Law Number 6 of 2014.
Urgensi Rekonseptualisasi Undang-Undang Penataan Ruang Terhadap Transfer Of Development Rights De Ekberg, Jasmine Rahmafiola; Koeswahyono, Imam; Adianto, Daru
RechtJiva Vol. 3 No. 1 (Maret 2026)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v3n1.10

Abstract

There is an element of incompleteness of law in Law Number 26 of 2007 concerning Spatial Planning because there is no concept of Transfer of Development Rights (TDR), especially in the aspect of the scheme between parcels (land plots) above land rights, such as Ownership Rights and Building Use Rights (HGB), and currently the legal practice of Transfer of Development Rights (TDR) has been carried out, but Transfer of Development Rights (TDR) has no legal basis. This study aims to determine the urgency in reconceptualizing Law Number 26 of 2007 concerning Spatial Planning related to Transfer of Development Rights (TDR) between parcels (land plots) above land rights, especially Ownership Rights and Building Use Rights (HGB) as an effort to control spatial planning; and to determine the limits of regulations on Transfer of Development Rights (TDR) between parcels (land plots) above land rights, especially Ownership Rights and Building Use Rights (HGB) in Law Number 26 of 2007 concerning Spatial Planning. This study uses a normative legal method using a legislative approach and a conceptual approach. The results of the study indicate that there is an urgency to reconceptualize Law Number 26 of 2007 concerning Spatial Planning, namely so that Transfer of Development Rights (TDR) has a legal basis, Transfer of Development Rights (TDR) is one of the instruments in controlling the use of space, Transfer of Development Rights (TDR) is one form of incentive, in order to provide legal certainty in conducting Transfer of Development Rights (TDR)  transactions, as well as the essence of justice in Transfer of Development Rights (TDR) for both parties conducting Transfer of Development Rights (TDR). Not all concepts need to be regulated, to whom the rights are attached (the area to its owner or area manager), given once or periodically.
Co-Authors De Ekberg, Jasmine Rahmafiola Imam Koeswahyono Kusdinar, Iqbal Firdaus Muhammad Bahrul Ulum Setiawan Wicaksono, Setiawan