Legal Protection for Communities Surrounding Palm Oil Plantation Cultivation Rights Areas in Indonesia Based on the Value of Justice (Study of Decision Number 529/Pid.Sus/2025/PN. Spt)

Abstract

This study aims to determine and analyze the legal protection regulations for communities around the oil palm plantation use rights area in Indonesia. To determine and analyze the application of legal protection regulations and judges' considerations in Decision Number 529 / Pid.Sus / 2025 / PN Sampit. To formulate an ideal legal protection formulation for communities around the oil palm plantation use rights area based on Pancasila justice values. This writing is a normative juridical type, using the Law and Case approach method, the research specifications are descriptive analysis, secondary data sources are taken from primary legal materials, secondary legal materials, tertiary legal materials, data collection methods through literature studies and analysis techniques using qualitative. The results of the study indicate that the regulation of legal protection for communities around the oil palm plantation use rights area in Indonesia is regulated in the Basic Agrarian Law in conjunction with Law No. 39 of 2014 concerning Plantations in conjunction with the Job Creation Law, which provides preventive and repressive protection, however, legal protection has not been implemented optimally, where in the determination of HGU in accordance with the stated regulations, it should pay attention to land conditions and the conditions of the surrounding community so as not to give rise to human rights violations such as threats, violence, and criminalization. Analysis of the decision Number 529 / Pid.Sus / 2025 / PN Sampit shows that the court has considered the case in detail by considering all the elements regulated in Article 107 letter d of Law No. 39 of 2014 concerning plantations, however, the author is of the view that law enforcement in the plantation sector should not only focus on communities deemed to have violated the law, but must also be applied to plantation companies that do not carry out their obligations according to statutory regulations. The ideal formulation of legal protection for communities around the oil palm plantation use rights area based on Pancasila justice values to prevent criminalization is by changing the pattern of conflict resolution through a criminal approach to a dialogical and humanist approach. As well as strict supervision and sanctions against companies that violate their legal obligations.