Wanprestasi Dalam Perjanjian Kerja Sama Program Pengelolaan Hutan Bersama Masyarakat Di Desa Gumelem Kecamatan Petungkriyono

Reza Samukti, Reza (2026) Wanprestasi Dalam Perjanjian Kerja Sama Program Pengelolaan Hutan Bersama Masyarakat Di Desa Gumelem Kecamatan Petungkriyono. Undergraduate Thesis thesis, UIN. K. H. Abdurrahman Wahid Pekalongan.

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Abstract

Reza Samukti, 2026. "Default in the Cooperation Agreement of the Community-Based Forest Management in Gumelem Village, Petungkriyono District". Sharia Economic Law Study Program, UIN K.H. Abdurrahman Wahid Pekalongan. Supervisor: Abdul Hamid, M.A. The default that occurred in the implementation of the Cooperation Agreement (PKS) under the Community-Based Forest Management Program (PHBM) in Gumelem Village, Petungkriyono District, Pekalongan Regency took the form of community members planting potato crops within forestry land areas, which potentially disrupts the growth of primary forestry plants and consequently gives rise to complex legal, economic, and ecological issues. This study aims to analyze the causative factors underlying the occurrence of default in the PHBM Cooperation Agreement, as well as the resolution mechanisms that may be pursued. This study employs an empirical juridical method with a qualitative approach. Data were collected through interviews, direct field observations, and a review of relevant literature. The data sources were obtained from related parties, including Perum Perhutani, the Forest Village Community Institution (LMDH), and the local village community.The research results indicate that the factors causing default consist of internal factors, namely the community's limited understanding of the agreement contents and difficult economic conditions, as well as external factors in the form of weak supervision from Perhutani and suboptimal socialization of PKS provisions. Thexx mechanism for resolving the default in the PHBM cooperation agreement in Gumelem Village was carried out through a non-litigation approach, namely deliberation and dialogue between Perhutani, LMDH,and the community to reach a mutual agreement without resorting tocourt proceedings. This resolution was not solely oriented toward imposing sanctions, but also toward restoring the partnership and ensuring the continuity of the PHBM program. This study recommends improving socialization of the agreement contents to the community, strengthening the supervision system, and implementing firm and consistent sanctions to prevent repeated defaults and maintain forest sustainability

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