Land Rights of Community Forest Plantation Policy: Analysis from an Institutional Perspective
Abstract: This study aimed to
describe the land rights of bussiness permit for timber utilization from
community forest plantation (IUPHHK-HTR) in Indonesia and to predict its
effectiveness based on property rights theory related to target group
characteristics. Field survey was conducted in November 2008 to April 2009 in
Riau and South Kalimantan Provinces. The results showed that from the property
rights theory perspective, the land rights for HTR could be categorized as
lease or management rights consisted of rights to exclude, to manage, to use,
andto access, without rights to transfer and to bequeath. This suggests that
the mechanism of transfer of rights from the government to the holder of
IUPHHK-HTR as a temporary transfer of rights. As a result, the government needs
to regulate a rigid and detailed obligation for IUPHHK-HTR holders that may not
be fulfilled by the farmers. Thegranting of permits for a long period (up to 95
years) is predicted to lose the meanings, caused of the prohibition on
inheritance of the permits. From these findings it is predicted to reduce the
interest of farmers to invest in the HTR.
Keywords: land rights,
community forest plantation, institutions, property rights, lease/management
rights
Author: Bramasto Nugroho
Journal Code: jpkehutanangg110001
