The Role Of The Police In Enforcement Of The Law On The Criminal Acts Of Fraud In Yellow Card Plasma Palm Oil Transactions Based On Justice

Abstract

There were 30 reports and complaints related to oil palm plasma land disputes at the Tanah Bumbu Police during January 2024–February 2025, which included fruit theft, overlapping land, and plasma yellow card fraud. Data from the Tanah Bumbu Plantation Service as of December 2024 showed that the plasma land area reached 30,847.80 Ha, with a mandatory partnership basis of 20% according to Minister of Agriculture Regulation Number 26 of 2007. The conflict was triggered by problems in the land consolidation process and the administration of the "yellow card" membership of the KUD, which was initially formed through the People's Nucleus Plantation (PIR) scheme in 1987. Based on Law No. 2 of 2002, the National Police plays an important role in maintaining security, order, and enforcing the law by prioritizing community protection and care. The article emphasizes that law enforcement aims to achieve justice, while fraud is defined as the act of deceiving others into handing over goods under Article 378 of the Criminal Code. Research at the Tanah Bumbu Police highlighted three main modes of plasma yellow card fraud: land sales in HGU areas, misuse of CPCL data by KUD officials, and document falsification by brokers. The Tanah Bumbu Police Criminal Investigation Unit handled this case through litigation methods, focusing on the articles of fraud (Article 378 of the Criminal Code/Article 492 of Law 1/2023) and document falsification. The handling was carried out professionally by proving the subjective element of unlawful intent and the objective element of a series of lies. The legal process includes investigation, inquiry, and transfer of the case to the Prosecutor's Office. This effort was made to ensure that the perpetrator is responsible for his actions. The criminal act of "Yellow Card" fraud in Tanah Bumbu requires the implementation of restorative justice by the National Police, considering that the weak administration of underhand transfer of rights makes it difficult to prove malicious intent. Handling this dispute requires strengthening internal administration at the KUD, digitizing CPCL data, and better legal education for plasma farmers.