FACTORS AFFECTING THE ENFORCEMENT OF FORESTRY IN INDONESIA

I Gusti Ayu Ketut Rachmi Handayani

FACTORS AFFECTING THE ENFORCEMENT OF

FORESTRY IN INDONESIA
I Gusti Ayu Ketut Rachmi Handayani
Faculty of Law, University of March Surakarta,
Jl. Ir. Sutami No. 36 A Surakarta, Indonesia
Email: ayu_igk@yahoo.com Phone: +628156705773

Abstract
Activities of forest protection and forest areas is an activity that is very important and the
main due to the fact shows that deforestation in Indonesia has been entered on a scale which is
very worrying and therefore very appropriate if the government is paying attention to the
protection of forests. Forest protection stipulated in Law No. 41 Year 1999 on Forestry and
PP 45 of 2004 on the Protection of Forests. Forest protection activities is an integral part of
forest management. Law enforcement (law enforcement) in operation is not something that
stands alone but rather deals with various aspects / factors. Law enforcement is not only
related to the law itself, but also with human, as both law enforcement and the community.
There are three factors that affect forest law enforcement that law enforcement officials, laws
and regulations and legal budya society.

Keywords: Law Enforcement, Law of Forestry, Indonesia

INTRODUCTION
Forests are public goods. Public goods

districts (Kartodihardjo, 2006). Forest

are goods that do not have a counter (non-

resources in Indonesia contains a huge

rivalry) in consumption and/or benefits can

potential to be developed as a source of

not be separated (non-excludable). Forests

development funding. Such enormous

can

potential, based on the fact that Indonesia

provide

positive

externalities,

giving

interdependence

or

and

negative

rise

to

is known as a country that has the largest

Atar

lowland tropical forests ketigadi world,

district in the upstream and downstream

after Saire and Brazil. Indonesian forest

dependence

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FACTORS AFFECTING THE ENFORCEMENT OF FORESTRY IN INDONESIA

I Gusti Ayu Ketut Rachmi Handayani
ecosystems ranging from lowland tropical
enforcement can not be separated from the
forests and highlands to the peat swamp

concept of Lawrence Meir Friedman was

forest, freshwater marsh and mangrove

quoted Ahmad Ali on three elements Legal

forests (mangroves), in addition to the

system (Three Elements of Legal System)

Indonesian state is 10 (ten) countries in the

(Ahmad Ali, 2002). Three elements of the

world's largest forest owner.

law system consists of:

Activities of forest protection and

a. Structure of Law (Legal Structure)

forest areas is an activity that is very

b. Substance Law (Legal Substance)

important and the main due to the fact

c. Culture Law (Legal Culture)

shows that deforestation in Indonesia has

been entered on a scale which is very

LAW ENFORCEMENT AUTHORITIES

worrying and therefore very appropriate if

In Indonesia, when speaking about the

the government is paying attention to the

structure of the legal system, including the

protection of forests. Forest protection

structures or institutions that define the

stipulated in Law No. 41 Year 1999 on

rule of law, such as the police, including in

Forestry and PP 45 of 2004 on the

the

Protection of Forests. Forest protection

prosecutors and courts. The structure is

activities is an integral part of forest

like a machine. In terms of forest

management. It is in Article 2 of

management that can be managed by the

Regulation No. 45 of 2004 stated that

provincial government, city and county,

forest protection is a part of forest

the leading sector in the field of forestry in

management activities. Forest protection

the region is the Forest Service. Therefore,

activities referred to in paragraph (1) shall

investigators and police forestry plays an

be implemented in forest areas in the form

important role in forest law enforcement.

of

forestry

forest

police,

According to the provisions of Law

of units or entity Production Forest

Management (KPHP).

case

No.

32

Year

2004

on

Regional

Law enforcement (law enforcement) in

Government, known three (3) the principle

operation is not something that stands

of governance in the region, namely the

alone but rather deals with various

principle

aspects/factors. Law enforcement is not

deconcentration, and the principle of co-

only related to the law itself, but also with

administration.

human, as both law enforcement and the

Decentralization is the devolution of

community. In the discussion of law

government power by the government of

EKOSAINS Journal | Vol. IV | No. 2 | July 2012

of

decentralization,

Principles

of

FACTORS AFFECTING THE ENFORCEMENT OF FORESTRY IN INDONESIA

I Gusti Ayu Ketut Rachmi Handayani
the autonomous regions in the framework
with
the
state
constitution
of the Unitary Republic of Indonesia. The

guaranteed

principle

of

delegation
Government

deconcentration

of

authority
to

the

harmonious

is

the

relationship between the central

from

the

and regional and inter-regional;

Governor

as

e. Implementation

of

regional

representatives of governments and/or

autonomy should further enhance

devices in the center of the area, while the

the

principle Assistance is the assignment of

Autonomous Region.

independence

of

the

the government to the regions and villages,

Factors affecting law enforcement are

and of the area to the village to carry out

also related to human resources, facilities

certain tasks, along with financing, advice,

or facilities of law enforcement officers in

infrastructure and human resources with

their duties. Law enforcement requires

the obligation to report and be accountable

human resources, facilities or adequate

for the implementation of such task.

facilities both in terms of quantity and

According to the explanation of Law

No.

32

Year

2004

Regional

quality of human resources, as well as

Government there is some principle of

limited means or facilities owned by local

local autonomy are used as guidelines in

governments

the

investigators), police, prosecutors, and the

establishment

on

quality. The lack of quantity and poor

and

operation

of

autonomous regions, namely:

a. Implementation

(in

this

case

the

courts must be able to inhibit the forest law

aspects

of

enforcement.

democracy, justice, equity and the

potential and regional diversity;
b. Implementation
autonomy

of

based

on

REGULATION OF LEGISLATION

regional

The substance of the law are rules,

broad

norms and patterns of human behavior are

autonomy, real and responsible;

evident in the legal system, which is that in

c. Wide implementation of regional

Indonesia the substance of the law is a

autonomy and the whole placed on

product

the

Regional,

including court decisions. The substance is

limited

what is done and produced by the engine.

District

Provincial

and

whereas

autonomy;
d. Implementation

produced by the legislature,

To achieve the goals that have been and

of

regional

are set, so it can be realized in the

autonomy should be in accordance

community needed some means. One of

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FACTORS AFFECTING THE ENFORCEMENT OF FORESTRY IN INDONESIA

I Gusti Ayu Ketut Rachmi Handayani
them is the law of the various forms of
sanctions when there are citizens
legislation that exists. Thus "Effectively

violate the rules.

law legitimmates policy" or in other words

In order to organize and direct the

"proper attention to the use of law in public

public in accordance with the desired

policy formulation and implementation

destination, then the use of law as a

requires an awareness of the conditions

instrument of wisdom are very important.

under

roomates

law

as

effective"

(Bambang Sunggono, 1994: 15).

Community

Law is a norm that directs people to

achieve goals and specific circumstances

development

is

with no ignoring the world reality.

characterized by the changes, and the law

Therefore, the law is mainly made with full

as a means that can be used to make

awareness by the state and used to achieve

changes in society. Thus the law is

a particular goal (Sudikno Mertokusumo,

increasingly important role as a means to

2001: 18).

realize the government's policies. Law is a

set

of

tools

for

the

realization

Enforcement of the law as a means to

of

achieve this goal because it is technically

government policy. (Lawrence, Friedman

legal to provide or do the following things.

1984: 5). Seidman, said that policy makers

a. Law is a means to ensure certainty

have only one tool he can use to influence

and provide predictability in their

the activities of stakeholders, is the rule

lives;

that he has made. The law gives legitimacy

to implementing government policy and
legislation as has been proved

b. Law

is

means

to

enforce

sanctions;
c. Law is often used as a means to

that he is one of the tools to implement the

protect the government against

policy. In this regard, Hans Kelsen taught

criticism;

that the regulations promulgated by the

d. Law can be used as a means for

power law in a modern state has a dual

distributing the sources of power

aspect, namely:

(CJM Schuit, 1983).

1) That the legislation was drawn to

The law generally defined as the

the citizens and directs that act in

overall regulation or kaedah in common

certain ways;

life, the whole of behavior that apply in a

2) That

those

rules

as

well

as

addressed to the judge to impose

common

that

can

be

imposed

observance with a sanction (Sudikno,

1986: 37).

EKOSAINS Journal | Vol. IV | No. 2 | July 2012

life

FACTORS AFFECTING THE ENFORCEMENT OF FORESTRY IN INDONESIA

I Gusti Ayu Ketut Rachmi Handayani
Various notions of law suggests that
mechanism of social control of a general
the law has many dimensions that are
difficult to put together, considering each

nature.
Moreover,

Lon

L.

Fuller

(Esmi

dimension has a different method. Broadly

Warassih 2005, 31) argues that to know the

speaking, the legal sense can be grouped

law as a system, it must examine whether it

into three (3) basic understanding (Satjipto

meets the eight (8) principle or principles

Rahardjo, 1986, 5-6), namely: first, the law

of legality following:

is seen as a collection or abstract values;

1. The legal system must contain the

the second law seen as a system of abstract

regulations means that he must not

rules; Third, the law is understood as a

contain decisions merely ad hoc.

means / tools to organize society.

2. The regulations that have made it to

The legal basis function (Hoebel, in

Esmi Warasih, 2005: 26) as follows:

3. Regulation

1) Establish relationships between the

members of the community, by
showing the types of behavior what
is allowed and what is forbidden.
2) Determine

the

distribution

be announced.

powers and specify who should

not

apply

retroactively.
4. The rules are arranged in a formula
that can be understood.
5. A

of

should

system

should

not

contain

regulations that contradict each

other.

make any coercion and who must

6. Regulations should not contain the

obey them and also choose the

demands that exceed what can be

sanctions

done.

are

appropriate

and

effective.
3) Resolving disputes

7. Regulation should not be often

permuted.

4) Maintain the ability of communities

8. There should be a match between

to adapt to the conditions of life are

the regulations promulgated by the

changing, that is by reformulating

day-to-day implementation.

the essential relationships between

members of the community.

When talking about the law as a norm

it is not apart of Hans Kelsen's doctrine

In addition, the law requires that

regarding Stufenbau the theory which

citizens behave in accordance with the

states that a norm created by a higher

expectations of society or a social control

norm, the norm higher even this was made

function is to regard the law as a

according to the norms of higher again,

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FACTORS AFFECTING THE ENFORCEMENT OF FORESTRY IN INDONESIA

I Gusti Ayu Ketut Rachmi Handayani
and so on until we stop the norm the
However, above all it is actually rooted in
highest that is not made by the norm again

the failure of the state to protect citizens

but determined first by the community or

Sakai as native citizens. The presence of a

the people (Esmi Warassih, 2005; 31).

gold

mining

company

in

Central

In connection with the substance of the

Kalimantan, East Kalimantan, Sulawesi,

law governing forest management in

NTB, other danprovinsi also has put local

Indonesia PP 2 of 2008 which regulates the

communities

compensation value of mining in protected

suddenly changed its status to become

forest area and forest production received a

looters in their own land.

that

traditionally

mined

negative response from the Environment

observers. This Regulation provides for the

LEGAL CULTURE

granting of mining permits in protected

Legal culture or cultures of human

forests and forest production. PP is very

attitudes toward law is the law and the

detrimental to the communities living

legal system, beliefs, judgments and

around the forest. In its report Arif Ahmad

expectations of society against the law. So

stated that the presence of foreign mining

in other words, the legal culture is an

companies

often

atmosphere of social thought and social

displays misery and squalor. Areal works

forces that determine how the law was

contract mining company in the hundreds

used, ihindari or even abused, including by

of thousands of hectares, displacing the

law enforcement itself. Legal culture is

economic and social activities of local

anything or anyone who decides to turn on

communities. Eviction legalized by the

and turn off the engine and decide how the

state. Millions of displaced communities

machines are used. Abstract law is in a

from their own communal land, so there is

state of static and helpless anything

a mining company. One example of that is

without any human action. Law seems to

invisible to the eye is experienced Sakai

do something and therefore their mutual

tribe in Riau. They were expelled after

interaction behavior and human action.

Chevron Paciic Indonesia (PT CPI) to

The law itself can not behave. Operation of

build oil and gas empire over their

law in society relies heavily on human

traditional territory. This is partly due to

action. Legal provisions often can not be

land acquisition sold by the Sakai, mostly

implemented because of human actions.

taken

in

for

compensation

Indonesia,

granted
or

more

with
no

very

low

Conceptually core and meaning of the

compensation.

rule of law lies in harmonizing the

EKOSAINS Journal | Vol. IV | No. 2 | July 2012

FACTORS AFFECTING THE ENFORCEMENT OF FORESTRY IN INDONESIA

I Gusti Ayu Ketut Rachmi Handayani
activities that span the 'hierarchy of values
Forest destruction in Indonesia almost
in kaedah-kaedah steady and attitude acts

certainly 70 to 80 percent is the result of

as a series of translation of the final stages

human activity. Therefore, in PP 45 of

of creating, maintaining and sustaining

2004 on the protection of forests has been

peace social life. Conception that has the

set on the man as one of the causation of

base isiologi require further clarification so

damage forest. Forest protection is the

that it becomes concrete. Furthermore

responsibility of the government and local

Soerjono Soekarno explained that the

governments as the duty of the State to

concrete elaboration occurs in the form of

organize, protect and welfare of its people.

kaedah-legal norms, which may contain

the messenger, prohibition or skill. In the

CONCLUSION

specific actions, a legal norms then a

Based on the description above can be

guideline or benchmark for behavior or

concluded forest law enforcement in

attitudes that are considered inappropriate

Indonesia, influenced by the structure or

acts or should. Behavior or attitude of the

law enforcement agencies (police, forestry

offense intended to create, require and

police, investigators, prosecutors, judges,

maintain peace. Thus konkritisasi of law

lawyers); substance (material) contained in

enforcement conceptually.

the Law 41 of 199 of Forestry and legal

In

addition,

suggests

factors

Soerjono
that

Soekarno

affect

law

enforcement are as follows:

culture that developed in Indonesian

society.
Government each year to evaluate the

1. Factors own law, the Act;

deforestation and forest areas, well done

2. Law Enforcement factors, namely

due to deliberate or unintentional.

those that form and apply the law;

3. Factors means or facilities to
support law enforcement;
4. Factors society, ie the environment

To address the prevention of forest

keusakan good security is required by law
enforcers, regulatory support and good
culture of forest management.

in which the law applies and

determined;
5. Cultural factors, as a result of

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Legal

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Forests