Legal Protection For Communities Regarding Ownership and Utilization of Property Rights Based on Presidential Instruction No. 5 of 2019 on The Cessation of New Permits and Improvement of Primary Natural Forest and Peatland Governance

Abstract

Presidential Instruction Number 5 of 2019 concerning the Cessation of the Issuance of New Permits and Improvement of the Governance of Primary Natural Forests and Peatlands aims to protect forest ecosystems and peatlands from further degradation. However, this policy has significantly impacted property ownership and utilisation rights, particularly in the Kepulauan Meranti Regency. Many lands that have been traditionally managed by local communities are included in the Indicative Map of Cessation of Issuance of New Permits (PIPPIB), creating legal uncertainty for landowners. The research problem in this study focuses on how legal protection is provided for communities regarding property ownership and utilisation rights based on Instruksi Presiden Nomor 5 Tahun 2019, as well as how the policy is implemented in Kepulauan Meranti Regency. The study employs normative legal research with a descriptive-analytical approach. The data used consists of primary, secondary, and tertiary legal sources. The findings indicate that the moratorium policy on new permits has affected land ownership rights, business permits, and community economic activities. Additionally, discrepancies between the indicative map and actual conditions on the ground have led to many certified lands being declared within the moratorium area, restricting communities' access to agrarian and economic rights. The government needs to re-evaluate the indicative map, ensure legal clarity regarding land ownership status, and enhance coordination between central and regional governments in implementing this policy. Furthermore, sustainable land utilisation alternatives should be provided for affected communities to balance environmental conservation with economic well-being.