Penyelesaian Sengketa Tanah antara Masyarakat Adat Padang Lengkuas dan PT. Arta Prigel

Abstract

Land is one of the most important factors of production for the community, especially rural communities because the land is one of the sources of life and livelihood for rural communities. The relationship between land and humans contains specific characteristics. This specific character is the basis for the birth of legal relations between humans and land, as is the case in a community environment that still recognizes and implements customary law. Land disputes can be seen, disputes are arising between community members, disputes between community members and plantation companies, and disputes between community members and government agencies or institutions. In this research, will examine and analyze land disputes between the community of Padang Lengkuas in Lahat Regency and plantation companies, namely: PT. Arta Prigel. The emergence of land conflicts that occurred in Lahat Regency, began in 1995 which is now + 25 years ago. The community of Padang Lengkuas claim that the land occupied by PT. Arta Prigel which is controlled and managed by the company is the customary land of Padang Lengkuas Village. Meanwhile, according to the company, the land is owned by the company based on South Sumatra Governor Decree No. 487/SK/I/1993. The issues in this research, namely: 1) The dispute resolution process carried out by the Community of Padang Lengkuas Peoples; 2) Factors causing land disputes in Lahat Regency, South Sumatra Province; 3) Benefits derived from the dispute resolution options made by the Community of Padang Lengkuas Peoples. The research is a normative legal research method with a juridical-empirical approach. The research location was Padang Lengkuas Village, Lahat City Subdistrict, Lahat Regency, South Sumatra. The population in this study are all parties related to dispute resolution between the Padang Lengkuas Community and PT. Arta Prigel in Lahat Regency, South Sumatra. The data used are secondary data and primary data. Secondary data were collected using the library research method with document study data collection tools, while primary data were collected by the field research method with interview data collection tools. Interviews were conducted using in-depth interview methods that did not use interview guidelines. Data analysis was performed using qualitative methods by concluding inductively. The results can be concluded, as follows: First, it turns out that land claimed by the Community of Padang Lengkuas people as customary land cannot be categorized as customary land so that the land dispute resolution process undertaken by the Community of Padang Lengkuas is ineffective and does not resolve legal issues thoroughly. Second, the main factor causing land disputes between the Padang Lengkuas Community and PT. Arta Prigel, on the one hand, is because there are interests of individuals who backing up on the community in pursuing land dispute resolution through a lawsuit to the court. On the other hand, the company also does not carry out its obligations based on the applicable laws and regulations, namely: the development of Smallholder Plantation (PIR) based on the Plantation Law and the obligation under the Law. Third, the benefits obtained by the Community of Padang Lengkuas People by submitting a civil suit to the Lahat District Court have not yielded any results. PT. Arta Prigel as a Palm Oil Plantation company does not carry out its obligations under the applicable laws and regulations. The recommendations for suggestions, namely: First, dispute resolution between the Padang Lengkuas Community and PT. Arta Prigel is done by sitting together (deliberation-consensus) as the identity of the Indonesian people who come from the “volksgeist” of Indonesian people. Second, the Lahat Regency Government as a local government official should act objectively in assessing the land dispute issue. Third, the Community of Padang Lengkuas should free themselves from irresponsible persons, and PT. Arta Prigel should carry out its commitment to the development of plasma plantations and carry out its obligation manner to achieve the goal of improving the lives of surrounding communities so that social justice is achieved.