POLITIK HUKUM PERUBAHAN KAWASAN HUTAN DALAM UPAYA MENYELESAIKAN PERBEDAAN PERUNTUKAN RUANG DI KAWASAN HUTAN
Main Authors: | , NOVA YUSMIRA, , Prof. Dr. Sudjito, S.H., M.Si. |
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Format: | Thesis NonPeerReviewed |
Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2013
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Subjects: | |
Online Access: |
https://repository.ugm.ac.id/123027/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=63137 |
Daftar Isi:
- This research has the objective to analyze the background of the differences space allocation of forest, to find the legal policy of changes in the forest area taken by the Government in the Government Regulation Number 60 and 61 Year 2012 in order to resolve the differences space allocation of forest, and to find the appropriate legal policy of changes in the forest area to resolve the differences space allocation of forest. The method used in this research was normative legal research method, while the approaches used were historical approach, statute approach, and conceptual approach. Most of the data obtained through library study and equipped with field study, and then analyzed descriptively. This research concludes that: First, the differences space allocation of forest caused by euphoria of the post-reform regional autonomy, weakness of Act, a lack of gazette forest areas, and higher prices certain commodity in the global market. Second, the legal policy of changes in the forest area to resolve the differences space allocation of forest through Government Regulation Number 60 and 61 of Year 2012 are distinguished by its formation and its content. The formation of legal policy of both Government Regulation above are settlement of cross-sector in the government domain and harmonization of laws, while the content of legal policy are conditionally legalized based on forest law to non-forestry business licenses in forest area, adjustment of space utilization, business certainty for good faith companies, legal certainty in implementing sanctions for companies that do not qualify the requirements, maintaining or preserving forest area, and mapping the plantations and mining business licenses in the forest area. Third, the appropriate legal policy to resolve the differences space allocation of forest area are settlement through Act as the formation of legal policy, and then, changes in the forest area can be done if only forest area have been gazetted and following Rencana Tata Ruang Wilayah (Spatial Plans), as well as the best momentum to recast the concept of forestry administration as its content of legal policy.