The Role of Stakeholders and Mechanism of Forest Area Gazettement of Gunung Birah Protected Area in KPHP Model

The gazettement of forest area is one of the significant aspects in forest designation that should be carried out to determine the legal framework regarding with the administrative and the physical status as well as forest boundaries. It is expected that the legal framework and precise forest area will support the powerful and purposeful forest management. The study aimed to find out the roles and the standpoints of stakeholders, to explore the mechanism, to identify and analyze the obstacles in the process, to formulate alternative effort in the process of forest area gazettement of Gunung Birah Protected Forest. It is expected that this study will enrich the concern on forestry policy especially regarding with the gazettement of the forest area, as well as provide the input to the ministry of forestry and local government in formulating strategies and policies in the implementation of forest area gazettement. The result indicated the stakeholders involved in the gazettement of Gunung Birah protected forest in KPHP Model Tanah Laut as well as their roles are the functionaries of KPHP Model Tanah Laut, local community adjacent to the forest area, regional office of forestry Planning (Balai Pemantapan Kawasan Hutan/BPKH), Local Government (The administration committee of forest boundary), and Central Government(the ministry of Environment and forestry). Constraints in the affirmation process of Gunung Birah protected forest areas in KPHP Tanah Laut can be divided into internal and external factors. Internal constraints include human errors in the compilation of Minute of Forest Boundary, incomplete implementation document thus the gazettement could not be processed, and the lack of socialization dealing with forest boundary to the local community adjacent to forest area. Meanwhile, the external constraints were the determination of forest boundaries stretch frequently intersects with settlement or other rights, the overlapping use of an area, the lack of public recognition on forest area boundary, the issuance of private land rights certificate in forest areas, and diverse interpretations on the status of forest area.


Background of the Research
Based on its function, forests are not only intended to support local life and connecting the national economy, but at the same time it also has a function of sustainability for the balance of the global ecosystem. Forest in particular as a buffer function of local life is still significant for Indonesia, with 49 million people who still depend on forest resources. On the other hand, the Indonesian economy owes a lot from the forestry sub-sector as the connecting economic force, although in the last decade the contribution of forestry in Gross Domestic Product (GDP) has continued to decline. Recorded in 2011, the forestry sub-sector contributes economic potential to 0.7% of total GDP. This fact is actually not able to downplay the function of forests that are actually extraordinary if managed optimally, given the vast Indonesian canopy recorded in 2011 still reached 99 million hectares (Ministry of Forestry 2012).

Objectives and Benefits of Research
The objective of the research: 1. Explain the roles and perspective of the parties in the process of strengthening the HL G. Birah area on KPHP Model Land. 2. Exploring the inaugural mechanism of the HL G. Armor area on the Sea Land KPHP Model. 3. Identify and analyze the obstacles that came in the inauguration process of the HL G. Armor region on the Sea Land Model KPHP. 4. Formulate alternative efforts to resolve the establishment of forest areas.
The benefits of the research: 1. Academic From the academic side it is expected that the results of this study can contribute ideas to forestry policies, especially regarding the strengthening of forest areas.

Practical
From a practical side, it is expected that the results of this study can provide input to the Ministry of Forestry, Regional Governments in developing strategies and policies in the implementation of forest area gazettement.

Research Place
The study was carried out for 5 (five) months, starting from March to July 2015. Research Sites in HL G. Birah Area on the Marine Land Model KPHP located in Tanah Laut Regency, South Kalimantan Province.

Research tools and materials
In qualitative research, the researcher is a tool (instrument) the main data collector, because the researcher is human and only humans can relate to the respondent or other objects, and be able to understand the relation of reality in the field. Therefore, researchers also participate in observation or participant observation (Moleong, 2007).
Data collection, the researcher requires tools (research instruments) using 2 tools, namely: This research is normative legal research, In order to complete the secondary data, especially as a deepening of the contents and legal provisions, it is also necessary to have the primary data that collected from the speakers.
a. Primer Data Primary data is obtained through in-depth interviews with source according to researchers have competence so they are able to provide explanations and information about the establishment of forest areas. b. Secondary Data 1) Primary Law Material 2) Secondary Legal Materials 3) Tertiary Legal Materials 3. Research Subjects The subjects of this study are those who according to the researchers have competence so they are able to provide explanations and information about the process of gazetting forest areas in general and Forest Areas in KPHP Tanah Laut in particular, 4. Data Collection a. Primer Data b. Secondary Data 5. Analysis Data a. Analysis of descriptive analytic qualitative data. b. Juridical-Normative Analysis

Role and Perspective of Parties in the Process of Strengthening the Forest Area of Mount Birah Protected Forest at KPHP Land
Based on the results of observations and interviews with subjects, the role of the parties in the process of establishing forest areas. The problems in the process of establishing forest areas 1. Internal constraints a. Inaccuracies in the appointment map have resulted in a difficult completion process, including the process of inventorying community rights during boundary arrangements. b. There are often mistakes in the making of Acasra Borderline and boundary map results, juridical conditions are not fulfilled so that they need to be repaired and returned to the area (PTB) so that it takes a long time. c. Documents implementing the forest area consolidation are incomplete so that the Minister of Forestry has not been able to process it. d. Lack of socialization of forest boundaries to the community. e. The number of measurement and mapping technical personnel is not evenly distributed when compared to the area of forest in the Province of South Kalimantan.

External constraints
a. In making route boundaries of forest areas in the field that often experience difficulties, there is overlapping use of forest areas for interests outside the forestry sector. b. There is weak public recognition of the boundaries of the forest area around HL G. Birah which has arable land located in forest areas generally does not accept their arable land by a border pal, because of some communities cannot show proof of ownership of arable land. c. There is the issuance of certificates of land rights in forest areas d. The removal of the forest boundary pal from the original position by the person who deliberately wanted to explore the forest area. e. The non-acceptance by various parties including law enforcement on the perception of "Appointment of Forest Areas" is part of the process of determining the status of forest areas by the Minister of Forestry. Alternative Efforts to Resolve Forest Estate Confirmation 1. Procurement of high-resolution satellite images so that the Forest Zone Appointment Map is more accurate so that the Forest Confirmation process can be completed immediately. 2. Reviewing documents for the confirmation of forest areas by each forest area stakeholder 3. It is necessary to coordinate and consult with the Legal Bureau so that the boundary document meets the juridical aspects. 4. Improve coordination and synchronization of forest gazettement documents between government agencies at the central and regional levels in order to find solutions that are acceptable to all parties. 5. Carry out legal processes transparently against violations as a form of joint commitment to realize forest area consolidation. 6. Carry out reconstruction activities on the boundaries of the Gunung Birah protected forest so that the boundaries in the field become clearer because it is probable that pal boundaries in the field have been lost or damaged.
7. Carry out socialization of legislation in the field of the inauguration of forest areas and boundaries of forest areas to relevant agencies and communities. 8. Improve the quality of human resources in the field of forest area gazettement through training such as measurement and mapping training. 9. The storage of documentation for the inauguration of forest areas needs to be improved by making digital documents to avoid loss of documents.

Conclusion
1. The role of stakeholders in the inauguration of HL G. Birah area is a) Management of Forest Areas (Tanah Laut KPHP Model): convey the interests of forest area management, manage data and information. b) Society: convey the situation problem, aspirations and commitments of the community, provide information about the existence of disputed forest and land boundaries, form and participate in the implementation of the establishment of forest area boundaries. c) BPKH: ensuring the process of structuring that boundaries the forest areas in accordance with the Forest Area Inauguration Guidelines, conducting boundary confirmations in the field, conducting confirmation of lands in accordance with the aspirations of the community, studying the aspirations of the community. d) Regional Government (Boundary Organizing Committee): organizes a boundary arrangement process, facilitates the process of meeting between the community and the BPKH, mediates the negotiation process between the community and BPKH, considers community proposals, makes decisions in resolving third party rights, monitors and checks the results of structuring implementation make and sign the Border Procedure. e) Central Government: decides on issues that cannot be resolved by the Border Committee, ratifies the formal legal document for boundary arrangements.

Internal constraints include inaccuracies in map designation, frequent errors in making Border
Procedure Minutes, incomplete forest concession implementation documents and lack of socialization of forest boundaries to the community and not evenly distributed numbers of technical and measurement personnel. External constraints include making forest boundary routes often with residential land or other rights, overlapping use of the area, weak community recognition of forest area boundaries, issuing certificates of land rights in forest areas, issuing certificates of rights to land in a forest area, the removal of a forest boundary pal from the original position if a person and there are different interpretations of the status of the forest area. 3. Alternative efforts to resolve forest areas include: Procurement of high-resolution satellite images and Drones, tracking forest area gazettement documents, coordination and consultation with the Legal Bureau, Improving coordination and synchronization of forest gazettement documents among government agencies, implementing transparent legal processes, implementing boundary reconstruction activities in the HL G. Birah area, carry out socialization of regulations in the field of inauguration of forest areas and forest area boundaries to relevant agencies and communities, improve the quality of human resources in the field of forest area gazettement, store digital documentation.

Suggestion
1. Need to improve the norms, standards, procedures, and criteria for the establishment of forest areas in accordance with Government Regulation No. 38 of 2007. This is very important as a legal framework for the establishment of forest areas that will be established by the Provincial and District / City governments in the implementation of boundary arrangements. 2. It is necessary to disseminate information to the Provincial Government and Regency / City Governments, and all stakeholders to have a common perception and interpretation of the legal framework for the strengthening of forest areas.