FAILURE TO THE PRINCIPLE OF RACIAL EQUITY LAND RIGHTS GUARD OF THE FOREST

Abstract

Research as a study to find theoretical arguments and reveal the existence of a phenomenon of violation of the principle of racial equity against land rights of forest guards in an effort to acquire land for the public interest which will be used as the basis for a study to reconstruct land acquisition policies based on social justice values. Efforts to rebuild land acquisition policies for the public interest can provide enlightenment for the dimensions of tension (conflict) that occur in communities, especially in the interior and will be studied through the scientific foundation of repressive law and equity theory. Construction of land acquisition policies for the purpose of forming policies that lead to legal objectives, namely Benefit, Justice, and Certainty in terms of substance, structure and socio-culture.

The research method used is empirical and prescriptive normative law. The peculiarity of this research is seeking the truth of coherence. This study uses a statute approach, a conceptual approach and a cases approach.

The findings of this legal research are that the failure of the principle of racial equity to forest guard land rights is evident in the many phenomena of conflict and cases of criminalization against farmers and indigenous peoples, even though there is a guarantee of protection from laws and regulations and jurisprudence but it is not implemented consistently so that it violates the Constitution the Republic of Indonesia in 1945 and Pancasila as a guide for the nation's life