Analisis Hukum Terhadap Problematika Sertifikat Hak Milik yang Terdapat Kawasan Hutan di Kabupaten Musi Rawas

Abstract

Forest areas are strategic natural resources under state protection, however ground realities reveal various cases of overlapping between land ownership certificates and forest area boundaries, which ultimately cause both material and immaterial losses for the holders of such certificates. This study aims to analyze the legal dimensions of land certificate issuance within forest areas, particularly in Musi Rawas Regency, South Sumatra. A normative-empirical method was employed, integrating normative legal analysis with empirical data through statutory, case-based, and conceptual approaches. Data were gathered via observation, interviews, and documentary study involving three primary informants, namely an official from the National Land Agency (Badan Pertanahan Nasional/BPN) of Musi Rawas Regency, a local Notary/Land Deed Official (PPAT), and the Head of the Lakitan Bukit Cogong Forest Management Unit (KPH), and were subsequently analyzed using descriptive-qualitative techniques. The findings reveal that pursuant to Law Number 41 of 1999 on Forestry, state forest areas may not be encumbered by land rights; consequently, the issuance of SHM within such areas demonstrates the presence of administrative errors and legal defects. These findings underscore the critical importance of comprehensive data synchronization between land and forestry administrations as a preventive measure against future conflicts, while simultaneously ensuring legal certainty for landright holders.