KONFLIK PERTANAHAN PADA KAWASAN HUTAN LINDUNG TAMAN NASIONAL KERINCI SEBLAT (TNKS) PADA KOMUNITAS SUKU BANGSA REJANG DI KABUPATEN LEBONG PROPINSI BENGKULU

Budiyono , Budiyono (2011) KONFLIK PERTANAHAN PADA KAWASAN HUTAN LINDUNG TAMAN NASIONAL KERINCI SEBLAT (TNKS) PADA KOMUNITAS SUKU BANGSA REJANG DI KABUPATEN LEBONG PROPINSI BENGKULU. AKSES, 8 (1). pp. 1-12.

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Abstract

The special objectives of the study were to (1) provide a description and better explanation of governmental law system on the establishment of TNKS protected forest, (2) provide a description and better explanation of land conflicts occurring in the TNKS area. Data collection techniques comprised observation, in-depth interview, and secondary data collection. Data analysis was qualitative and continuously performed from the start to the end of the study. The research findings show that Governmental law system on the establishment of TNKS as a protected forest area comprised the TNKS identification, the law basis for the designation of TNKS area, the inventory of TNKS land area, and the procedure for the setting up of TNKS. In the designation and construction of TNKS land border marks, the villagers were generally not involved nor informed, so that conflicts occurred over TNKS border marks and the land area within the TNKS. The land conflicts within the TNKS areas happened as a result of the existence of legal plurality that involved Rejang customary land law and governmental (positive) land law. There was a question as to whether governmental law might successfully replace Rejang customary law. In this respect, there was a need to take into account the existence of a former law, which constituted a determining factor for the extent to which a new regulation (governmental land law) might replace a former law (Rejang customary land law). There were indications that the Rejang customary law was stronger that the governmental law.

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