Land Rights of Community Forest Plantation Policy: Analysis from an Institutional Perspective
Bramasto Nugroho
<p>This study aimed to describe the land rights of bussiness permit for timber utilization from community forest<br />plantation (IUPHHK-HTR) in Indonesia and to predict its effectiveness based on property rights theory related<br />to target group characteristics. Field survey was conducted in November 2008 to April 2009 in Riau and South<br />Kalimantan Provinces. The results showed that from the property rights theory perspective, the land rights for<br />HTR could be categorized as lease or management rights consisted of rights to exclude, to manage, to use, and<br />to access, without rights to transfer and to bequeath. This suggests that the mechanism of transfer of rights from<br />the government to the holder of IUPHHK-HTR as a temporary transfer of rights. As a result, the government needs<br />to regulate a rigid and detailed obligation for IUPHHK-HTR holders that may not be fulfilled by the farmers. The<br />granting of permits for a long period (up to 95 years) is predicted to lose the meanings, caused of the prohibition<br />on inheritance of the permits. From these findings it is predicted to reduce the interest of farmers to invest in the<br />HTR.</p><p>Keywords: land rights, community forest plantation, institutions, property rights, lease/management rights</p>
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