Legal Study on the Issuance of Land Rights for Definitive Communities in the TORA Scheme (Land Object of Agrarian Reform) Forest Area

Abstract

The purpose of this research is to analyze the legal arrangements related to the issuance of land rights under the Agrarian Reform program through the Tanah Objek Reforma Agraria (TORA) scheme, which is sourced from the release of forest areas, as well as to examine the implementation of these regulations in the field and the obstacles that affect legal certainty for the community. The research method used is normative juridical, employing statutory and conceptual approaches through literature studies of primary and secondary legal materials. The results of the study show that the legal regulation of TORA has a relatively strong basis through the Basic Agrarian Law, Presidential Regulation Number 62 of 2023 concerning Agrarian Reform, Regulation of the Coordinating Minister for Economic Affairs Number 11 of 2024, and Government Regulation Number 24 of 1997 concerning Land Registration. However, its implementation faces regulatory disharmonization, fragmented authority, uncodified rules, unclear clean and clear criteria, and legal uncertainty in land titling resulting from forest area release. These issues reveal a gap between legal norms and field practices that affects the legalization of land rights. The conclusion of this study emphasizes that, although a regulatory framework is already available, it is necessary to strengthen regulatory harmonization, increase the capacity of the apparatus, and establish a more effective dispute resolution mechanism to support the success of agrarian reform