Forestry Law Enforcement and Administrative Accountability in Register 40 Padang Lawas

A Case Study of Supreme Court Decision No. 2642 K/Pid/2006

Abstract

This article examines the legal status of oil palm plantations in Register 40 Padang Lawas and the implementation of Supreme Court Decision No. 2642 K/Pid/2006. It uses doctrinal legal research with statutory, case, and conceptual approaches, distinguishing the historical criminal framework from the administrative law applicable to later decisions. The analysis finds that factual occupation and plantation business documentation do not independently establish lawful forest use or release. The judgment of 12 February 2007 provides a basis for criminal enforcement and forfeiture, while territorial implementation requires reliable identification of the adjudicated objects and a clear allocation of institutional responsibilities. Planning in 2009 and an operation reported in April 2025 document an extended implementation process, without establishing the completion status of every obligation. Customary community claims require a collective and territorial inquiry distinct from individual ownership or contractual claims. Administrative acts before 17 October 2014 must be assessed under the law then applicable; subsequent acts may engage Law No. 30 of 2014. The article proposes parcel-based records, reasoned examination of affected interests, accessible legal assistance, and supervised forest recovery. These measures support judicial certainty while respecting community rights and accountable forestry administration.