Application of theory and regulation of hierarchy legal regulations in the problem of forest area status

Abstract

The application of hierarchical theory and regulation of laws and regulations in Indonesia is still not fully implemented properly, especially in many cases there are still many laws and regulations under the law that are contrary to the law but not immediately revoked or revised. In its application in forestry regulations from the Decree of the Minister of Forestry number 454/KPTS-II/1999 concerning the appointment of forest areas in Southeast Sulawesi issued on June 17, 1999 and the Forestry Minister's decree number 465/Menhut-II/2011 concerning declining status the forest area in Southeast Sulawesi issued on August 9, 2011 also contradicts the theory and regulations contained in article 7 paragraph (1) of Law Number 12 of 2011 concerning the Establishment of legislation in which the problems in the status of forest areas in the decree the minister of forestry mentioned above contradicts article 1 point 3 of Act number 19 of 2004. Law number 41 of 1999 concerning forestry has been amended by the decision of the Constitutional Court number 45/PUU-IX/2011 which was established on February 21, 2012 where the determination of forest areas is not only biased by the government as it is which occurred in the Decree of the Minister of Forestry number 454/KPTS-II/1999 concerning the appointment of forest areas in Southeast Sulawesi and the Forestry Minister's decree number 465/Menhut-II/2011 concerning the decline in the status of forest areas in Southeast Sulawesi but must have been established regulated in forestry minister number 44 of 2004 concerning forestry planning which starts from the process of designating forest areas, structuring forest boundaries, mapping boundary areas and setting boundaries of forest areas so that the problem of forest area status can be minimized by applying appropriate theories and regulations in the hierarchy legislative regulations in the field of forestry in Indonesia.