Granting of the Usufructuary Rights over Customary Land for Oil Palm Plantations in Nagari Inderapura of Pesisir Selatan Regency

Heroe Supriyanto, Kurnia Warman, Zefrizal Nurdin

Abstract


The objectives of this study are to: 1) describe and explain the granting of oil palm plantation licensing which becomes usufructuary rights, 2) describe and explain the release of customary rights for the oil palm plantation business, and 3) describe and explain the granting and registration of usufructuary rights of oil palm plantation originating from customary rights. This study employs an empirical juridical approach. Granting of oil palm plantation business licensing occurs with the approval of the principle of oil palm plantation cultivation business, application for location permits and a letter from the Governor of the Level I Region of West Sumatra Province regarding licensing for land clearing for the oil palm plantation business. Currently, the release of customary rights for the oil palm plantation business in Nagari Inderapura is carried out using the custom of “diisi limbago dituang” method through consensus agreement with payment of silihjariah money to ninik mamak with a total land area of ± 11,930 hectares. Granting and registration of usufructuary rights of oil palm plantations must be registered in the land book at the land office and must also advance the rights of local customary people. In this case, the main target of the use of customary land is to improve the welfare and prosperity of customary people. In addition, in agrarian reform, land redistribution is required to provide at least 20% (twenty percent) of the land area used for the local community.


Keywords


Granting; Usufructuary Rights; Oil Palm Plantation; Customary Land

Full Text:

PDF

References


Journal:

Kurnia Warman, Agrarian Law in Compound People: The Dynamics of Interaction of Customary Law and State Law in West Sumatra, HuMa, Jakarta, 2010, page 39.

Fay, C., & Sirait, M. (2005). Kerangka hukum negara dalam mengatur agraria dan kehutanan Indonesia: Mempertanyakan sistem ganda kewenangan atas penguasaan tanah (Vol. 3). ICRAF Southeast Asia Working Paper.

Tegnan, H. (2015). Legal pluralism and land administration in West Sumatra: the implementation of the regulations of both local and nagari governments on communal land tenure. The Journal of Legal Pluralism and Unofficial Law, 47(2), 312-323.

von Benda-Beckmann, F., & von Benda-Beckmann, K. (2013). Political and legal transformations of an Indonesian polity: the Nagari from colonisation to decentralisation. Cambridge University Press.

Wibowo, Y. (2016). Analisis Prospektif Strategi Pengembangan Daya Saing Perusahaan Daerah Perkebunan. AGROINTEK, 4(2), 104-113.

Vel, J. A., & Bedner, A. W. (2015). Decentralisation and village governance in Indonesia: the return to the nagari and the 2014 Village Law. The Journal of Legal Pluralism and Unofficial Law, 47(3), 493-507.

Legislations:

The 1945 Constitution of the Republic of Indonesia

Law No. 5 of 1960 concerning Basic Rules of Agrarian Principles

Law No. 18 of 2004 concerning Plantations (Revoked)

Law No. 39 of 2014 concerning Plantations (Latest)

Government Regulation No. 24 of 1997 concerning Land Registration

Government Regulation No. 40 of 1996 concerning Usufructuary Rights, Building Use Rights and Land Use Rights

Republic of Indonesia Presidential Regulation No. 86 of 2018 concerning Agrarian Reform

Minister of Agriculture Regulation No. 5 of 2019 concerning Procedures for Licensing in the Agriculture Sector

Regulation of the Head of the Land Agency No. 10 of 2016 concerning Procedures for Establishing Communal Rights in Land of Customary Law People and People in Certain Areas

Regulation of the Head of the Land Agency No. 5 of 1999 concerning Guidelines for Resolving Problems of the Customary Rights of Customary Law People

West Sumatra Regional Regulation No. 6 of 2008 concerning Customary Land and Its Utilization

West Sumatra Governor Regulation No. 21 of 2012 concerning Guidelines and Procedures for Utilizing Customary Land for Investment




DOI: http://dx.doi.org/10.18415/ijmmu.v6i5.1068

Refbacks

  • There are currently no refbacks.


Copyright (c) 2019 International Journal of Multicultural and Multireligious Understanding

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

International Journal of Multicultural and Multireligious Understanding (IJMMU) ISSN 2364-5369
https://ijmmu.com
[email protected]
dx.doi.org/10.18415/ijmmu
facebook.com/ijmmu
Copyright © 2014-2018 IJMMU. All rights reserved.