ANALISIS YURIDIS SENGKETA PERIZINAN KAWASAN HUTAN DAN HAK ATAS TANAH ULAYAT TERHADAP PUTUSAN NOMOR 42/G/LH/2021/PTUN.PBR

This study analyzes disputes over forestry licensing overlapping with customary land through an examination of the Pekanbaru Administrative Court Decision No. 42/G/LH/2021/PTUN.PBR. The dispute arose from the granting of a revised RKUPHHK-HTI permit to PT. Arara Abadi in an area claimed as the customary land of the Batin Sengeri. Using a normative juridical method, this study evaluates the judges’ considerations and the conformity of the decision with Article 67 of the Forestry Law. The results show that although formal authority requirements were met, there were procedural defects (lack of meaningful consultation/FPIC) and substantive defects (overlap with customary territory). The judges acknowledged the existence of multidimensional losses, but compensation was limited by regulations. The decision, which partially annulled the permit, is considered consistent with Article 67, but not yet optimal because it does not regulate the full restoration of rights. This study recommends regulatory reform, including strengthening the recognition of indigenous peoples and consultation mechanisms in forestry licensing.