Problems of Enforcing Forestry Law
Author: H. Dudung Badrun, SH MH
Activist and Observer of Sustainable Forests
To maintain sustainable forests and provide welfare for the Indonesian people from a legal perspective, the analytical tool is based on Laurent Friedman’s theory, even the ideal law, if realized into 4 aspects, namely:
1. Legislation
2. Legal means
3. Legal apparatus
4. Legal culture
In analyzing this theory, in analyzing forestry law by taking two cases, namely, first the case of the PG Rajawali II land in the Indramayu forest area and second, the case of utilizing forest areas for sugar cane agroforestry in the Pandawa Majalengka bumdes.
To preserve forests and have an impact on the welfare of the community, there are two laws that regulate it, namely Law No. 41 of 1999 concerning Forestry and Law No. 18 of 2013 concerning the prevention and eradication of forest destruction.
The case of PG Rajawali II with the Ministry of Forestry, namely, PG Rajawali II did not implement the exchange of forest areas and could not improve the welfare of the Indramayu community.
Meanwhile, the case of the Utilization of the Perum Perhutani KPH Majalengka forest area by Bumdes Pendawa, namely the agreement stated in number 39/044.3/Mjl/Divre Janten/2021 Jo Number 01/TM/IX/2021 Jo number 17/BUMDes/2021. The prominent problem, first, was not implemented the planting pattern with a composition of 51% forestry plants (eucalyptus) and 49% agroforestry plants. Even more tragically, as reported by the West Java Prison NGO, it is suspected of breaking into BNI KUR in the name of 319 members of LMDH Tanjung Mekar, Tanjung Wiru and Rimba Jati Asih, each member of the LMDH seemed to receive BNI KUR funds between Rp. 50,000,000. (fifty million rupiah) Up to Rp. 100,000,000. (one hundred million rupiah).
Legal issues only arise at the level of fact identification, not continuing to law enforcement, to providing legal witnesses, both administrative sanctions (permit revocation), fines (civil) and criminal sanctions (imprisonment).
This happens because of the regulation approach (KKN) at every level.
So don’t lament if forests and forest areas are damaged.
Furthermore, if you want to enforce forestry law ideally, where do you start? (**)
Jakarta, July 4, 2025
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