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89 J.L. Pol'y & Globalization 102 (2019)
Ratio Legis Decision the Constitutional Court Number 122/Puu-Xiii/2015 Related Testing the Act of Number 39 2014 about Plantation

handle is hein.journals/jawpglob89 and id is 103 raw text is: 


Journal of Law, Policy and Globalization                                                     wwwviiste org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)  DOI: 10.7176/JLPG

Vol.89, 2019                                                                                       1 TE

  Ratio Legis Decision the Constitutional Court Number 122/Puu-

      Xiii/2015 Related Testing the Act of Number 39 2014 about

                                           Plantation

                             Atik Winanti1 Yuliana Yuli W2* Sulastri3 Satino4
                             1.      UPNVJ Law Lecturer, Jakarta, Indonesia
                             2.      UPNVJ Law Lecturer, Jakarta, Indonesia
                             3.      UPNVJ Law Lecturer, Jakarta, Indonesia
                             4.      UPNVJ Law Lecturer, Jakarta, Indonesia

Abstract
Constitutional rights are inherent rights of every citizen to obtain protection, equality of position before the law,
decent life, and welfare. With regard to earth, water and other natural wealth, it has been regulated in Article 33
of the 1945 Constitution of the Republic of Indonesia. Welfare can be realized by the treatment of government
policies on the state of the country itself. Building a law is not an easy and or simple job as imagined, because
good laws and regulations must meet the standards of justice, rule of law and utility in balance. In realizing one
of the objectives of the Indonesian State Government, namely to realize public welfare, the government needs to
develop the potential of natural wealth in Indonesia.
Keywords: Ratio Legis, Constitutional, Plantation
DOI: 10.7176/JLPG/89-13
Publication date:September 30' 2019

1. Introduction
Plantations are one of the important sectors that contribute greatly to Indonesia's economic development.
Therefore it needs to be managed, managed, protected and used in a planned, open, integrated, professional and
responsible manner to improve the welfare of the people, nation and state. Because of the importance of the
plantation sector, the government and Parliament often provide incentives to plantation companies by making
regulations that take into account the interests of the company, and are removed from the side of community
rights. The House of Representatives stated that the revision of the Plantation Law was to avoid potential land
conflicts between farmers and planters, but substantially what the House announced was different from the facts
that appeared in the field.
     If traced from its roots, large-scale agrarian conflict arises when a region is included in the concession in the
form of rights (for example, HGU) or concession permits. The provision of HGU (Plantation) that is not
selective also gives a wide opportunity for abandoning the land when the HGU recipient does not use it as
perakukaknya. According to Law No. 5 of 1960 concerning Basic Agrarian Principles Article 28 paragraph (1)
states:
     The right to use business is the right to cultivate land that is directly controlled by the state, within the
period as referred to in article 29 for agricultural, fishery and livestock companies
     The reintegration of the criminalization article adds to the list of problems that arise as a result of the
adoption of Law Number 39 of 2014 concerning Plantation (Plantation Law). The Indonesian House of
Representatives stated that the Plantation Law was established to avoid potential land conflicts between farmers
and plantation companies. However, substantially what was stated by the DPR was different from the facts that
appeared in the field. For example, the determination of a farmer from Aceh Tamiang, M. Nur, as a suspect by
the Aceh Regional Police when disputing with an oil palm plantation company PT. Rapala with Law Number 39
of 2014 concerning Plantation Article 55 letter a, letter c, letter d jo. Article 107 letter a, letter c, letter d.
     Another provision that is considered problematic in Law Number 39 Year 2014 is Article 12 Paragraph (1)
which states;
  1. Constitutional Court Decision Number 55 / PUU-VIII / 2010 concerning Testing of Law Number 18 of
  2004 concerning Plantation against the 1945 Constitution of the Republic of Indonesia.
     In the event that the land needed for a Plantation Business is a Customary Right Land of a Customary Law
Community, the Plantation Business Actor must conduct a consultation with the Customary Law Community
holding the Right to Communal Rights to obtain approval regarding the surrender of land and compensation.
     This article is deemed to have given inequality between the Customary Law Community and the Plantation
Business Entity (Company). Provisions for conducting deliberations to obtain land approval and compensation
do not provide a choice for the community other than to surrender their land.
     Especially with the use of the term rewards which increasingly shows the weak position of the

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