Muchlisin, Muchlisin (2023) Tinjauan Hukum Atas Permasalahan Penguasaan Tanah Antara PT. Inecda Dengan Masyarakat Hukum Adat Talang Mamak di Kabupaten Indragiri Hulu Provinsi Riau. Masters thesis, Universitas Islam Riau.

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Abstract

The problem of land tenure in which Cultivation Rights (HGU) PT Inecda is claimed to be the ulayat land of the Talang Mamak Customary Law Community in Indragiri Hulu Regency. It has been going on for a long time, there has been legal uncertainty both regarding land rights owned by oil palm plantation companies and the rights of the Indigenous People which have been neglected due to government policies that have not completely pro-people. The government, as the authority over natural resources in Indonesia, should be able to regulate and provide policies whose purpose is not only in the framework of development growth but also for prosperity for all Indonesian people as mandated by Article 33 Paragraph (3) of the 1945 Constitution. The main problem in this study is what are the factors that cause problems in land tenure between PT Inecda and the Talang Mamak Customary Law Community. What are the obstacles in solving land tenure issues between PT Inecda and the Talang Mamak Customary Law Community. The problem of land tenure between PT Inecda and the Talang Mamak Customary Law Community in Indragiri Hulu Regency was caused by the first, that there was a customary land claim against Cultivation Rights (HGU), where the land that was used as an oil palm plantation by PT Inecda was formerly customary forest which had been hereditary. sources of livelihood while on the other hand, land rights have been issued in the form of Cultivation Rights (HGU) from the Government for PT Inecda and secondly there is a demand for the construction of a KKPA plantation from the Customary Law Society to PT Inecda which has not been realized to date. Then the obstacle in solving this problem is due to the first that there is no recognition from the Government of the Talang Mamak Customary Law Community and their customary land even though they are local indigenous people and the second is that there has been no implementation of the KKPA garden program by PT Inecda to the Talang Mamak Customary Law Community even though the company has carried out facilitation for the development of community gardens located around the company but not yet covering the area of the Talang Mamak Customary Law Community.

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