Analisis Hukum Tentang Kewajiban Pembangunan Kebun Masyarakat (Kebun Plasma) oleh Perusahaan Perkebunan sebagai Amanat Undang -Undang Dasar Negara Republik Indonesia Tahun 1945

Abstract

This research discusses that plantation business operators have an obligation to facilitate the development of gardens in the surrounding community, namely a minimum of 20% (twenty percent) of the total area of gardens cultivated by the company. This is contained in Article 58 paragraph (1) of the Plantation Law. The obligation to provide plasma plantations is also one of the requirements for obtaining land rights in the form of Cultivation Rights (HGU) by the Company, as stipulated in the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia No. 7 of 2017 concerning Regulations and Procedures for Determining Business Use Rights. The type of legal research used is normative juridical. Normative legal research uses normative case studies in the form of legal behavioral products, for example reviewing draft laws. This research uses material obtained from the results of library research. The data collection tool in this research is through document study, library materials and documents related to the problems raised. Data analysis in legal research uses a qualitative approach method. Based on the results of this research, it was concluded that companies are required to facilitate an area of at least 20% of the total plantation area cultivated by the plantation company, where this facilitation can be carried out using credit, profit sharing, or other forms of funding agreed between the plantation company and the community. Companies that do not carry out their obligations to develop community gardens will be subject to administrative sanctions.