society-based forest management in Ngawi Regency, East Java, Indonesia from a legal perspective. The legal

perspective of society-based forest management is the essence of this policy because, without legal support, the

management would be illegal. This study used the socio-legal research approach, with a naturalistic qualitative

method. The results show that from the perspective of the legal implications, society-based forest management

brings society benefits in the economic aspect. Such a benefit encourages society to protect the forest because it

is more profitable for them if the forest is protected rather than destroyed. In the social aspect, it increases the

welfare of the people. There is also legal certainty in the form of a cooperation agreement between the

company and the forest farmers. In the ecological aspect, it contributes to forest preservation as forests are

better maintained.

deforestation and land degradation, causing

international and national concerns. Worse, in many

areas, forest resource management is rampant with

conflicts.

management is managed by Perum Perhutani (the

General Company of State Forestry, i.e., the

Indonesian governmental body which manages

forest areas in Indonesia) since 1972, [1].

Perhutani’s role is to implement policies in

of Indonesia’s Governmental Decree No. 72 of

2012 regarding the General Company of State

Forestry (Perum Perhutani). Unfortunately, there is

a staggering rate of issues associated with forest

forest management and exploitation to fulfill the

state’s economic ambition to increase foreign

exchange. The preamble of the Constitution No. 41

of 1999 regarding Forestry explains that the forest is

a capital of national development which has real

benefits to the life of Indonesians. These include

ecologic, sociocultural, and economic benefits that

must be balanced and dynamic. Because of that, the

forest must be sustainably managed, taken care of,

protected, and utilized for the welfare of the current

planning, formulate policies, and organize

empowerment programs for the villagers who live

around the forests. To apply that work plan, there

must genuine partnership between the Perum

Perhutani, stakeholders, forest village society,

business owners, non-governmental organizations,

and universities.

with a prosperity approach, social forestry has been

rampant with conflicts. The peak of this conflict

forest resource management based on the Decree of

Assemblage, which was then renewed with the

Director’s Decree No: 268/KPTS/DIR/2007

regarding Society-Based Forest Resource

Management Plus.

this research is: How is the legal perspective of the

society-based forest resource management in Ngawi

Regency to achieve social welfare?

approach, the law is positioned as a social symptom

that needs acceptance from the public, because

without acceptance from the public, the law is just

some text without any meaning. It connects the

reality of the actions of individuals and people with

the law. In the socio-legal approach, a phenomenon

agricultural land, [16].

almost fifty percent of its area is a forest area, which

is managed by three Forest Management Units

other Forest Management Units, such as the

Padangan Forest Management Unit, the Bojonegoro

Forest Management Unit, the Purwodadi Forest

Management Unit, and the Randublatung Forest

Management Unit. Administratively, the three Forest

2. Lawu Forest Management Unit, with 7.737,60

3. Sadaran Forest Management Unit with 2.037,1

opportunities, (4) there is looting or illegal logging,

which is caused by the policies which are not

society-friendly. There is low law enforcement, thus

the people around the forest lost their sources of

income, (5) The poor people who live around the

Perhutani forests do not usually obtain any guarantee

of having their basic physical needs fulfilled. Yet,

they have low access to the forest natural resources,

(6) The poor people who live around the forest are

not involved in formulating forest management

the rate of poverty associated with forest natural

resources. The state-based forest resource

management model must be shifted into that which

is society-based. The efforts to decrease poverty

associated with the forestry sector must be well-

planned. The main points of this new forest resource

management model are as follows:

in influencing forest management. With an increased

societal position, society can be empowered. Thus,

encouraged because the commitment between all of

these parties can create mutual prosperity as they can

each benefit from the preserved forest.

people’s rights to access the benefits of the forests’

resources. By granting the people the right to access

forest resources, they can gain better economic

welfare. It would be more beneficial for the poor

people if they can harvest forest honey, tree saps,

and grass. They can sell honey and sap. Then, they

which destroy the environment and the forests.

society-based forest management program for the

first time in 2003, which was the result of

cooperation between the stakeholders of the Ngawi

Regency. These stakeholders are the Ngawi Regency

Government, Ngawi Forest Management Unit,

Sadaran Forest Management Unit, and Lawu Forest

Management Unit. As a pilot project, the society-

based forest management program was carried out

facilitated by the Bintara Yogyakarta non-

governmental organization were as follows: four

villages of 49 hectares under the Ngawi Forest

Management Unit, two villages with an area of 45,5

hectares under the Sadaran Forest Management

Unit, and three villages in Lawu Forest

Management Unit with the area of 22,5 hectares.

Meanwhile, the three villages in the Sadaran Forest

Management Unit with an area of 425,7 hectares

were facilitated by the LeSEHan Madiun non-

acceleration of the society-based forest management

implementation in Ngawi Regency, there was a

cooperation agreement between the Ngawi Regency

government; Ngawi Forest Management Unit,

Sadaran Forest Management Unit, Lawu Forest

Management Unit of Perum Perhutani; and non-

governmental organizations (Bintara non-

governmental organization, Lesehan non-

governmental organization, Pinbuk non-

related services that were involved in establishing

Society-Based Forest Management, such as the Food

and Horticulture Plant Service; Animal Service;

Environmental, Mining, and Energy Service;

Cooperative Service, Industrial and Trade Service;

Societal Empowerment Service; the National Unity

and Societal Protection; Head of the Food Security

and Agricultural Instruction Agency, etc.

some factors encourage the establishment of society-

2. Ngawi Regency’s forest areas, especially the

3. The society-based forest resource management

society-based forest management has not yet run

well. In the aspect of legal effectivity, there are

some factors that cause this to happen. There are

b. The substance of the legal system component

c. The culture of the legal system component. It

d. Facilities and infrastructure.

basis of the regulations. Historically, there is a

chance that the substance is formed by the legal

structure, [3].

minimum awareness of the law is the lack of legal

communication. According to Friedman as quoted

by [3], legal communication is a principal

requirement of the legal system. Not one person

can behave according to the law if he/she does not

know the contents of the law. Legal communication

g. There is a plan for an open organization. The

h. There is a growing awareness of the importance

bring welfare to the people.

The author would like to thank to Uin Datokarama,

Palu.

[1] Supriyadi, B. E., Hukum Agraria Kehutanan,

[3] Nugroho, S. S. Model Pengembangan Desa

[11] Sheppard, S. R. J., Participatory decision

[12] Hermawan, S, Rizal, M, Haryumeinanda, F,

[14] Thomas, P. A., (Ed.), Socio-Legal Studies,

[15] Janesick, V. J., The Dance of Qualitative