| dc.description.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. | en_US |
