IZIN PEMANFAATAN DAN PENGELOLAAN HUTAN DI KABUPATEN KUTAI KARTANEGARA

Abstract

Juridical Review of Forest Utilization and Management Permits in Kutai Kartanegara Regency. With the formulation of the problem, what is the procedure for applying for permits for the use and management of Village Forests in Kutai Kartanegara Regency and how is the application of sanctions for the abuse of permits for the use and management of Village Forests in Kutai Kartanegara Regency.

Based on the Regulation of the Minister of Environment and Forestry Number

9 of 2021 concerning Social Forestry Management in article 12 The submission of an Application for Approval for Village Forest Management is submitted through an application letter signed by the head of the Village Institution and known to the head of the village/sub-district; by being equipped with a Village Regulation or other regulations including a list of names of the Village Institution administrators accompanied by other documents attached to an overview of the area and other documents as well as a map of the proposed area requested with a minimum scale of 1:50,000 signed by the head of the Village Institution and known by the head of the FMU in the form of printouts and soft files submitted to the Minister with a copy to the governor,  Regents/Mayors and Regional Apparatus Organizations in the Forestry Sector and file administration verification is carried out within 3 (three) working days from the date the application is received. The results of the administrative verification are stated in the administrative verification form which contains information on the eligible application; or the application does not meet the requirements for files that meet the requirements, then it will be continued with technical verification which will later be submitted to the Director General. Based on the results of the technical verification, the Director General on behalf of the Minister issued a Village Forest Management Approval Decree or a letter of rejection of the application for Village Forest Management Approval.

The application of sanctions against the abuse of permits, utilization, and management of Village Forests consists of 2 types of sanctions, namely the provision of administrative sanctions in the form of written warnings; administrative fines; the freezing of Social Forestry Management Approvals; and/or revocation of Social Forestry Management Approvals. And criminal sanctions in accordance with Law No. 18 of 2013 concerning the Prevention and Eradication of Forest Destruction contained in Article 82 paragraph (1) are punishable by imprisonment for a minimum of 1 (one) year and a maximum of 5 (five) years as well as a fine of at least Rp500,000,000.00 (five hundred million rupiah) and a maximum of Rp2,500,000,000.00. The author's suggestion is that the Government must provide ease of management, especially in terms of bureaucratic management which is considered very convoluted and the government should increase supervision of Village Forest management permits and provide strict sanctions against those who violate Village Forest Permits, both administrative and criminal sanctions.

Keywords: Forest Utilization and Managemen