PETANI vs NEGARA Studi Tentang Konflik Tanah Hutan Negara dan Resolusinya Dalam Perspektif Fiqh

Abstract

Forest is one of the sources and types of conflicts that often occur during orde baru, and until now have not all cases complete solution. Practice management and utilization of forest resources in Java tends to be characterized by the phenomenon of conflict, the conflict between the inhabitants of the villages around the forest (popularly known as masyarakat desa hutan / MDH) with Perum Perhutani, it also occurs in Blora district. The main problems which led to a dispute between the forest land of masyarakat desa hutan (MDH) with Perum Perhutani in Blora district is ; 1) a claim for land rights; 2) lack of access to MDH to take benefit of the forest and its results. Forest land disputes since the rolling reform sticking 1998. The factors that trigger disputes, partly due; a) illegal logging Perhutani office harm; b) disputes between MDH with Perum Perhutani officials; c) violence committed by both sides in this dispute.               Forest land dispute resolution conducted by using non-litigation approach. To arrive at this settlement, MDH do strategies; a) self-organization; b) cooperation and communication with parties that have the same problem; c) demonstration; d) clearing and resistance revenge. The fourth strategy is used in order to conduct negotiations and mediation with the Perum Perhutani. The final result of the negotiation and mediation are the cooperation in such programs as Community Based Forest Management (CBFM) or the like.               The use of various strategies that, as far as not violate the principles of Islamic law allowed. Implementation of the strategy should be done in a peaceful manner and does not cause damage (madarat). Humans must protect the things that have (growing) for the good of the natural living beings and restrictions undermine the sustainability of the earth is also associated with human worship.  Key word : Forest land conflict, Islamic law