Legal Certainty of Local Communities' Land Status in Forest Contract Permitsin Riau Province

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FORMOSA NEWS - Riau - Conflicting Forestry Permits in Riau Threaten Local Land Rights, Legal Study Reveals. Commercial forestry permits issued by Indonesia's central government in Riau Province have triggered a severe crisis of legal certainty and prolonged agrarian conflicts. A comprehensive study published in 2026 by legal scholars at Universitas Islam Riau demonstrates how the dominance of sectoral forestry regulations routinely overrides the historical land rights of local communities, creating systemic land disputes that existing resolution mechanisms fail to solve. The study, published in the International Journal of Law Analytics (IJLA), was conducted by Suardi, Ellydar Chaidir, and Suparto from Universitas Islam Riau. Using a normative-empirical qualitative approach, the researchers investigated the legal vulnerability of local communities residing within Industrial Plantation Forest (HPHTI) concession areas. Their findings highlight the urgent need for systemic policy reforms to protect constitutional property rights and resolve land overlaps fairly.

Regulatory Dualism Drives Agrarian Disputes
The fundamental root of land conflicts in Riau lies in a deep juridical contradiction between national forestry laws and agrarian land administration. Riau Province holds some of Sumatra's largest forest and peatland ecosystems, making it central to national economic development through pulp, paper, and palm oil exports. However, regional forest utilization is heavily dominated by Limited Production Forests (44.5%) and Production Forests (37.9%), leaving very little space for community-based agriculture and settlements. For decades, central government agencies issued large-scale forest concessions without adequate field verification or meaningful public participation. As a result, corporate concession boundaries frequently encompass long-established villages, agricultural fields, and customary lands. This overlapping authority creates a harmful regulatory dualism. On one side, local residents possess locally recognized ownership documents, such as Compensation Certificates (SKGR), customary titles, and village acknowledgments. On the other side, corporations hold central government permits granting them broad legal authority over the same geographic coordinates. A clear example documented in the study occurred in Olak Village, Siak Regency. Agricultural lands managed by local residents through the Olak Mandiri Cooperative were unilaterally incorporated into the concession area of timber giant PT Riau Andalan Pulp and Paper (RAPP). Because the land was administratively classified as a state forest area, the National Land Agency (BPN) rejected residents' applications for formal land titles under the Complete Systematic Land Registration Program (PTSL). This administrative blockage prevented nearly 300 households from upgrading their historical land claims into Freehold Certificates (SHM) across approximately 600 hectares of productive land.

Research Methodology

To examine these overlapping claims, the research team from Universitas Islam Riau employed a qualitative research design combining normative legal analysis with empirical field investigation. The normative component evaluated legal synchronization across national statutes, including Law No. 41 of 1999 on Forestry, Law No. 26 of 2007 on Spatial Planning, and Siak Regency Regional Regulation No. 1 of 2020 on Spatial Planning. Empirically, the researchers conducted targeted field studies in corporate operational areas experiencing high levels of conflict, including sites associated with PT Riau Andalan Pulp and Paper, PT Duta Swakarya Indah, and PT Seraya Sumber Lestari. Data collection relied on document reviews of permit files and spatial maps, direct field verification of disputed coordinate boundaries, and in-depth face-to-face interviews with village heads, cooperative leaders, and customary elders. The collected data underwent qualitative thematic analysis to evaluate legal certainty and dispute resolution outcomes.

Key Research Findings

• Failure of Non-Litigation Mediation: Existing mediation efforts led by local governments consistently fail to yield binding resolutions due to severe power imbalances. Corporations rely on formal central permits, while local residents rely on historical occupation rights.
  
• Regulatory Enforcement Vacuum: Although Siak Regency Regulation No. 1 of 2020 permits administrative sanctions—including permit revocation—for spatial violations, local officials lack the detailed technical procedures needed to conduct field verifications and enforce cancellations.
  
• Symbolic vs. Substantive Legal Certainty: Communities maintain de facto physical control over their ancestral lands but are denied de jure legal recognition, leaving them vulnerable to economic displacement and potential criminalization.
  

Policy Implications and Real-World Impact
To resolve these structural conflicts, Suardi, Ellydar Chaidir, and Suparto outline several actionable legal and administrative solutions for policymakers and regional authorities:

• Application of the Null and Void Doctrine: Sectoral permits issued without proper field verification or in violation of pre-existing constitutional rights contain material defects and should be declared legally null and void.
  
• Revitalization of Spatial Planning Teams: The Regional Spatial Planning Coordination Team (TKPRD) must be revitalized as a binding cross-sectoral body to ensure all commercial permits align strictly with regional spatial plans.
  
• Integration with the One Map Policy: Implementing Geographic Information System (GIS) tools and unified spatial databases is vital to identify overlaps early and prevent conflicting boundary designations.
  
• Public Data Transparency: Democratizing access to concession boundaries and spatial mapping allows civil society and local communities to monitor corporate compliance and prevent administrative errors.
  

Reflecting on the broader impact of the study's conclusions, the research team emphasized that formal land administration must align with constitutional protections. "Equitable land governance can only be achieved when legal certainty is accompanied by substantive recognition of community rights and effective mechanisms for protecting local livelihoods within contested landscapes," noted lead author Suardi and his co-authors from Universitas Islam Riau.

Author Profiles
Suardi, S.H., M.H. is a doctoral researcher in the Faculty of Law at Universitas Islam Riau, specializing in agrarian law, forestry regulations, and local tenure rights.
Prof. Dr. Ellydar Chaidir, S.H., HUM. is a Professor of Law at Universitas Islam Riau, focusing on constitutional law and governance frameworks.
Dr. Suparto, S.H., M.H. is a senior legal scholar at Universitas Islam Riau with expertise in administrative law and environmental governance.

Source
Suardi, Ellydar Chaidir, Suparto. Legal Certainty of Local Communities' Land Status in Forest Contract Permits in Riau Province. International Journal of Law Analytics (IJLA), Vol. 4, No. 3 (2026), hal. 537–550
DOI: https://doi.org/10.59890/ijla.v4i3.263
URL : https://journal.multitechpublisher.com/index.php/ijla/index