Government promises to eradicate law mafia on the forestry sector is started. These law enforcement efforts are clearly a step forward. Although highly doubt it would be easy to ‘sort the beans’ of the actor. It is proved that several high profile crimes, such as forestry tax beggar, perpetrators of illegal logging, forestry sector corruption which already smelled of law investigators could disappeared without trace and lost in the Government memories.

It was became a common knowledge, a state forest is still in tenure conflicts, ownership and management claim between people (mainly indigenous people) and state. Kemenhut (Ministry of Forestry) himself admits 60% of state forest area still in conflict with local communities (indigenous), and until now there has been no resolve and clarity of tenure status.
This condition is undeniable for anyone, the vagueness and ambiguity of forest areas ownership is become a vulnerable points to prevent violations and criminal levels of both ordinary crimes, special crimes (corruption, manipulation, corporate crime), or even human rights crimes. Violations still happen in management, disposal, transfer function and bolsters rate of forest area by the Government (central and regional) and other stakeholders in the forestry stakeholders is the evidence that legal issue is based from the vagueness and ambiguity of tenure status.

Ownership legal elements for an object covers; things he owned, owners, and there are systems which regulate the ownership. In the forestry sector, the held commodities are areas (forest land) and forest resources. Referring to the right of ownership (property ownership) then a way to illustrate the concept of public and private property rights in the forestry sector often use the bundle of rights that is the way on how the explanation of the complexity of the ownership of the commodity (something).
Indonesia’s forests and forest resources are not clarified and firmed, whether the forest area and forest resources are belongs to public or private property. Indonesian Constitution mentions only the forest area and forest resources controlled by the state and is used to wealth and prosperity of the people, or more popularly known as the State Controlling Right – HMN. HMN has a very multiple interpretations, i.e., countries that has authority, own and manage all natural resources and its variants. HMN is becoming a prolonged legalization debate until today.

Clearance from above problem is the first step to have a further law enforcement, whether they are ordinary criminals, especially criminals, extraordinaire criminal, and human rights violations in the forestry sector.

Starting from the state forestry (Perhutani)

The solemnity of Forestry Minister, Zulkifli Hasan, which would want to eradicate law mafia on the forestry sector, according to direct orders from the President must begin in Java. Perhutani as one of the state enterprises established by law to manage forest areas in Java and should be targeted first tracking. The consideration is, Perhutani is always appear as a stake holder that always gets the lawsuit from the community regarding the rights of tenure, illegal logging, management, and human rights violations all the time.
In connection with illegal logging era and reached their climax in 1997-1999 on their governance land, Perhutani need to explain where are auctioned off timber from illegal logging results. In terms of success story during state forestry management must also be questioned, the public have watched in the last 10 years, they are suspected to have officially bankruptcy but still get benefit from a luxurious life. And as it has to be specially noted about the settlement, the settlement of cases in which resulted in Perhutani’s violence to the surrounding community sometimes become a shooting victims when it happened in a state forestry land. SPP (Serikat Petani Pasundan-abr) said that until this year, the violent incidence conflict between Perhutani’s officers and farmers has reached not least than 300 incidents.
When CCN (so called as KKN or Corruption, Collusion and Nepotism-abr), is a scourge for good governance in the years and previous governments period, Nur Mahmudi, past time Minister of Forestry several years ago, started the eradication of corruption in the Ministry of Forestry Institution. How wonderful it is to see, Zulkifli Hasan, Minister of Forestry now begin to eradicate law mafia in forestry sector with Perhutani as the target, since Perhutani is close to the central government eyelid.