KERJASAMA PEMANFAATAN HUTAN PADA KESATUAN PENGELOLAAN HUTAN DITINJAU DARI HUKUM ADMINISTRASI PEMERINTAHAN

Abstrak

Forest utilization is part of the implementation of forest management that is mandated in Law No. 41 of 1999 concerning Forestry which aims to obtain the benefits of forest products and forest services in an optimal, just and sustainable manner for improving the national economy and improving the welfare of the community. The implementation of forest utilization as mandated by the forestry law should be done through the granting of permits both in protected forest areas and in production forests, but the Minister of Environment and Forestry in an effort to optimize the use of forests in supporting sustainable forest management has issued rules for the use of forests in the region. Forest Management Unit through a collaborative mechanism namely through Regulation Number P.49 / MENLHK / SETJEN / KUM.1 / 9/2017 concerning Cooperation in Utilizing Forests in Forest Management Units. This regulation has the effect of legal uncertainty in forest use procedures. The purpose of this study is to determine the legal certainty of forest use through cooperation patterns in terms of the State administrative law. This research is carried out using the normative juridical method through the statutory approach and conceptual approach. The results of this study conclude that the Minister of Environment and Forestry Regulation Number P.49 / MENLHK / SETJEN / KUM.1 / 9/2017 is an invalid regulation, because it is not based on applicable laws but the invalid determination must be through testing in a State Administrative court in accordance with applicable regulations.

Keyword: Cooperation, Permit, Forest Utilization, Forest Management Unit Area,