POSITION OF FREEDOM OF CONTRACT PRINCIPLE IN FORESTRY PARTNERSHIP POLICY

Purpose-This study aims to provide an analysis related to forestry partnership policies in the principle of freedom of contract in Indonesia. The focus of freedom of contract guarantees the release of the parties to enter into a contract or agreement regarding the subject and the object and material to be promised. Design/methodology/approach-This is normative research with a legal approach. Data were collected through a literature study and analyzed using the legal norm method. Findings-The forestry partnership policy is one way to solve inequality inland in the community by providing land access to the community. The principle of freedom of contract is implemented in the partnership between Besar Gunung Leuser National Park (BBTNGL) and the people of ADB's PIR Village (Langkat Regency, North Sumatra Province) because BBTNGL, the community, is given the freedom to agree or disagree on the Cooperation Agreement Text (NKK). Meanwhile, the principle of freedom of contract can also be implemented in the partnership between the Gularaya Production Forest Management Unit (KPHP) and the KTH Wanagiri Lestari Cooperative (Konawe Selatan Regency and Kendari City, Southeast Sulawesi Province), both parties agree and sign a Cooperation Agreement (NKK). Both parties also have good faith to build a forestry partnership. Research limitations/implications-This research only examines the position of freedom of contract principle in forestry partnership policy in Indonesia. The approach method used is normative legal research. Originality/value-The Partnership Policy in Indonesian law is intended to provide legal certainty and legal protection for landowners, seeing that there were 208 land conflicts in 2020 (32%), while the property sector took second place with 199 conflicts (30%), the industry occupied the third position. Infrastructure with 94 conflicts (14%), followed by the agricultural sector with 78 (12%) conflict incidents. Furthermore, the forestry sector with 30 (5%) conflicts, the coastal and marine sectors with 28 (4%) conflicts, and finally the mining sector with 22 (3%).