Implementation Of The Transition Of The Rights Of Palm Oil Land Land In The Cot Rakyat Plantation Cot Girek, North Aceh Regency (period 1990-2006)

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Implementation of the Transition of the Rights of Palm Oil Land in the Cot Rakyat Plantation Cot Girek, North Aceh Regency (period 1990-2006)

Introduction

The implementation of the Core People's Plantation Program (PIR) in Indonesia has become one of the crucial steps in agrarian reform. This program involves large plantations as a core company, plasma farmers as participants, and cooperatives as mediators who bridge the relationship between farmers and companies. As stipulated in the Instruction of the Minister of Agrarian/Ka.BPN No. 8 of 1994, Land Deed Making Officials (PPAT) are prohibited from moving land rights originating from the PIR project without permission from the agrarian agency. However, in reality, there was a transition to the right to oil palm land owned by plasma farmers in Cot Girek, North Aceh Regency, with more than 70% of land has been switched.

Background of the Study

The PIR program was introduced in Indonesia to promote agrarian reform and improve the livelihoods of farmers. The program involves large plantations as core companies, plasma farmers as participants, and cooperatives as mediators. However, the implementation of the PIR program in Cot Girek, North Aceh Regency, has been marred by controversy and irregularities. This study aims to analyze the factors that contributed to the transition of the rights to oil palm land, the transition process, and the juridical consequences of the transition.

Methodology

This study employed an empirical juridical approach with random sampling techniques to collect data. The data obtained were analyzed qualitatively to identify the factors that contributed to the transition of the rights to oil palm land. The results of the study showed that the main factor that encouraged the transition of rights was a security problem due to armed conflict between the TNI and GAM. In addition, economic factors also played an important role, especially when the needs of plasma farmers were not met during difficult times, such as the economic crisis and when oil palm plants did not bear fruit.

Results

The results of the study showed that most of the transition of land rights was carried out unofficially, with only 18 transitions carried out through the PPAT deed. This shows a deviation from existing regulations, including a prohibition on extensive land tenure (Hacienda) and a prohibition for those who do not have land in other districts (absentee). In the Instruction of the Minister of Agrarian/Ka.BPN No. 8 of 1994, there was no clear sanctions on the violation. There is only a threat of imprisonment or fines that are considered not comparable to the complexity of the problems encountered.

Discussion

The results of the study have significant implications for the implementation of the PIR program in Indonesia. The study highlights the need for the government to strengthen supervision and conduct counseling to plasma farmers and PTP Nusantara I as a core company. This aims to ensure the ownership of appropriate oil palm land and establishment of mutually beneficial partnership relations. It is also important for those involved in the process of transferring rights, such as notaries and camat, to comply with applicable provisions to create legal certainty and legal order.

Conclusion

The case of the transfer of rights to oil palm land in PIR Cot Girek shows that various factors, both internal and external, can affect the dynamics of land ownership. Therefore, long-term strategies and cooperation between related agencies are needed to achieve the goals of a fair and sustainable agrarian reform. The government should take a proactive approach to address the issues related to land ownership and ensure that the rights of plasma farmers are protected.

Recommendations

Based on the results of the study, the following recommendations are made:

  1. The government should strengthen supervision and conduct counseling to plasma farmers and PTP Nusantara I as a core company.
  2. Those involved in the process of transferring rights, such as notaries and camat, should comply with applicable provisions to create legal certainty and legal order.
  3. The government should take a proactive approach to address the issues related to land ownership and ensure that the rights of plasma farmers are protected.
  4. Long-term strategies and cooperation between related agencies are needed to achieve the goals of a fair and sustainable agrarian reform.

Limitations of the Study

This study has several limitations. Firstly, the study only focused on the case of PIR Cot Girek, North Aceh Regency, and may not be generalizable to other areas. Secondly, the study relied on qualitative data and may not provide a comprehensive understanding of the issues related to land ownership. Finally, the study did not consider the impact of the transition of the rights to oil palm land on the livelihoods of plasma farmers.

Future Research Directions

This study provides several avenues for future research. Firstly, a comprehensive study of the impact of the transition of the rights to oil palm land on the livelihoods of plasma farmers is needed. Secondly, a study of the effectiveness of the PIR program in promoting agrarian reform is needed. Finally, a study of the role of notaries and camat in the process of transferring rights is needed.

References

  • Instruction of the Minister of Agrarian/Ka.BPN No. 8 of 1994.
  • PIR Cot Girek, North Aceh Regency.
  • TNI and GAM conflict.
  • Economic crisis.
  • Oil palm plants not bearing fruit.
  • PPAT deed.
  • Hacienda.
  • Absentee.
  • Imprisonment or fines.
  • Legal certainty and legal order.
  • Plasma farmers.
  • PTP Nusantara I.
  • Core company.
  • Cooperatives.
  • Agrarian reform.
  • Land ownership.
  • Long-term strategies.
  • Cooperation between related agencies.
    Frequently Asked Questions (FAQs) about the Implementation of the Transition of the Rights of Palm Oil Land in the Cot Rakyat Plantation Cot Girek, North Aceh Regency (period 1990-2006)

Q: What is the Core People's Plantation Program (PIR) and how does it relate to the implementation of the transition of the rights of palm oil land?

A: The PIR program is a government initiative aimed at promoting agrarian reform and improving the livelihoods of farmers. It involves large plantations as core companies, plasma farmers as participants, and cooperatives as mediators. The program was implemented in Cot Girek, North Aceh Regency, with the goal of transitioning the rights of palm oil land from the core company to the plasma farmers.

Q: What were the main factors that contributed to the transition of the rights of palm oil land in Cot Girek, North Aceh Regency?

A: The main factors that contributed to the transition of the rights of palm oil land in Cot Girek, North Aceh Regency, were security problems due to armed conflict between the TNI and GAM, and economic factors, such as the economic crisis and the failure of oil palm plants to bear fruit.

Q: How many transitions of the rights of palm oil land were carried out through the PPAT deed, and how many were carried out unofficially?

A: Only 18 transitions of the rights of palm oil land were carried out through the PPAT deed, while more than 70% of the land was transferred unofficially.

Q: What are the implications of the transition of the rights of palm oil land for the implementation of the PIR program in Indonesia?

A: The transition of the rights of palm oil land has significant implications for the implementation of the PIR program in Indonesia. It highlights the need for the government to strengthen supervision and conduct counseling to plasma farmers and PTP Nusantara I as a core company, and to ensure that the rights of plasma farmers are protected.

Q: What are the recommendations of the study for the government and other stakeholders involved in the implementation of the PIR program?

A: The study recommends that the government strengthen supervision and conduct counseling to plasma farmers and PTP Nusantara I as a core company, and that those involved in the process of transferring rights, such as notaries and camat, comply with applicable provisions to create legal certainty and legal order.

Q: What are the limitations of the study, and what are the avenues for future research?

A: The study has several limitations, including its focus on a single case study and its reliance on qualitative data. Future research should aim to provide a comprehensive understanding of the issues related to land ownership and the impact of the transition of the rights of palm oil land on the livelihoods of plasma farmers.

Q: What are the key takeaways from the study for policymakers, practitioners, and researchers?

A: The study highlights the need for policymakers to take a proactive approach to address the issues related to land ownership and to ensure that the rights of plasma farmers are protected. It also emphasizes the importance of cooperation between related agencies and the need for long-term strategies to achieve the goals of a fair and sustainable agrarian reform.

Q: What are the implications of the study for the broader context of agrarian reform in Indonesia?

A: The study has significant implications for the broader context of agrarian reform in Indonesia. It highlights the need for a comprehensive approach to address the issues related to land ownership and to ensure that the rights of farmers are protected. It also emphasizes the importance of cooperation between related agencies and the need for long-term strategies to achieve the goals of a fair and sustainable agrarian reform.