Application of The Principle of Contradicture of Delimitation to The Legal Certainty of The Granting of Land Rights on The Boundaries of State Forest Area in South Barito Regency

Abstract

This study aims to analyze the application of the principle of contradictory delimitation in granting land rights on land parcels bordering state forest areas in South Barito Regency and to identify obstacles and solutions in its implementation. The research is motivated by the still high potential for land boundary disputes in areas directly bordering forest areas, while the community's need for legal certainty of land rights continues to increase. The principle of contradictory delimitation as regulated in Government Regulation Number 24 of 1997 is an important principle in determining land boundaries through agreements between bordering parties as the basis for issuing land rights. This study uses a sociological juridical research method with a case approach, is descriptive, uses primary data obtained through interviews and field observations as well as secondary data in the form of laws and regulations, literature, and supporting documents that are analyzed qualitatively. The results of the study indicate that the application of the principle of contradictory delimitation in granting rights to land bordering state forest areas has been implemented through the stages of boundary designation by the applicant, installation of boundary markers, field inspection, cadastral measurement and mapping, and boundary determination based on the agreement of the interested parties, including the government as the manager of the forest area. The application of this principle contributes to the realization of legal certainty regarding the location, boundaries, area, and shape of land parcels, thereby minimizing the potential for overlapping or land disputes. However, its implementation still faces various obstacles, including the unfinished process of forest area confirmation, and not all forest area boundary markers have been installed in the field. This study concludes that the principle of contradictory delimitation is a crucial instrument for ensuring legal certainty in granting land rights within state forest boundaries. Its successful implementation depends heavily on the availability of definitively established forest boundaries, synchronized spatial data, cross-sectoral coordination, and active community participation in the boundary-determination process. Therefore, it is necessary to accelerate forest area confirmation, strengthen land and forestry data integration, improve the quality of geospatial-based measurement and mapping, and refine inter-agency coordination mechanisms to ensure more effective land rights granting in areas bordering forest areas, provide legal certainty for the community, and reduce the potential for future land disputes.