The Concept of State Control over Forests and Forest Areas in Indonesia

Abstract

The constitutional principle of a state's authority over forests and forest areas is public and implemented through administrative permits; nonetheless, it is often misconstrued as an absolute right, which can potentially lead to mismanagement and ecological harm. This research aims to clarify the concept of state attributive control over forests and forested regions through standardized licensing mechanisms. This research is normative, utilizing a statutory approach to examine the fundamental notion of the state's authority to control, as delineated in Article 33 of the 1945 Constitution of the Republic of Indonesia and other relevant Indonesian regulations. This research demonstrates that the confusion between the ideas of rights and permissions in forest management stems from the erroneous belief that governmental authority is absolute, rather than being derived from the public interest. Secondly, it is crucial to recognise that permits serve as a mechanism for governmental regulation of forests, facilitated through licenses for the utilisation of forest products, area usage permits, and environmental services, as delineated in the Forestry Law, the Omnibus Law, and other pertinent regulations. In this framework, forest utilisation permits function not only as administrative tools, but as social and ecological contracts that encompass breaches of environmental regulations.