Simorangkir, Tarbarita (2025) Rekonstruksi Regulasi Hukum Terkait Kewajiban Perusahaan Perkebunan Dalam Redistribusi Tanah Berbasis Nilai Keadilan. Doctoral thesis, Universitas Islam Riau.

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Abstract

The legal regulations concerning the obligations of plantation companies, including plantation law regulations and land law regulations, do not incorporate the principles of Agrarian Reform in the implementation of Land Redistribution. This is because the obligation of companies holding IUP-B, IUP, HGU permits, which were originally required to develop plantations for the surrounding community on at least 20% of the total plantation area managed by the company, has changed to the obligation to facilitate the development of community plantations on at least 20% of the IUP-B, IUP area. Consequently, the TORA (Agrarian Reform Object) to be redistributed to the community does not align with the goals of agrarian reform in improving the welfare and justice of the community, addressing land ownership inequality, and resolving agrarian conflicts. This dissertation research aims to address two substantive issues presented in this dissertation. These two issues are: how the regulation of land redistribution as an obligation of plantation companies relates to the development of community plantation businesses, and how the legal regulations concerning the obligations of plantation companies in land redistribution can be reconstructed based on the value of justice. The research method used is normative legal research with a statute approach and a case approach. Legal research using a statute approach is employed to examine various legal rules that are both the factual basis and the central theme of the research, while the case approach is used to study the application of legal norms or principles in legal practice. The research findings conclude that it is proven that the legal regulations concerning the obligations of plantation companies, both in plantation law and land law, do not incorporate the principles of Agrarian Reform in the implementation of Land Redistribution. This is because the obligation of companies holding IUP-B, IUP, HGU permits, which were originally required to develop plantations for the surrounding community on at least 20% of the total plantation area managed by the company, has changed to the obligation to facilitate the development of community plantations on at least 20% of the IUP-B, IUP, HGU area. As a result, the TORA object through the company's obligations is not properly realized, and the noble goals of agrarian reform, such as restructuring land ownership inequality, resolving agrarian conflict disputes, and improving community welfare, are not achieved. The legal reconstruction conducted on the regulations governing plantations and land regulations involves revising Article 15 of the Minister of Agriculture Regulation (Permentan) No. 98/Permentan/OT.140/9/2013 concerning Guidelines for Plantation Business Licensing, Article 58 of Law No. 39 of 2014 concerning Plantations, Article 15 of Permentan No. 21/Permentan/KB.410/5/2017 concerning the Second Amendment to Minister of Agriculture Regulation No. 98/Permentan/Ot.140/9/2013 concerning Guidelines for Plantation Business Licensing, Article 27 of Government Regulation (PP) No. 18 of 2021 concerning Management Rights, Land Rights, Apartment Units, and Land Registration, Articles 12, 13, 14, 15, 16, 17 of PP No. 26 of 2021 concerning the Implementation of Agriculture, Article 1 point 7, Article 2, Article 9, Article 29, Permentan No. 18 of 2021 concerning Facilitation of Community Plantation Development, Article 82 of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency of the Republic of Indonesia Regulation No. 18 of 2021 concerning Procedures for Determining Management Rights and Land Rights, Point 5 of the Circular Letter of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Head No. 11/SeHk.02.02/Viii/2020 concerning the Implementation of Corporate Obligations in Facilitating Community Plantation Development through the spirit of Agrarian Reform in the TORA object from the obligation to develop community plantations with an area of at least 20% of the IUP-B, IUP, HGU area.

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