Transition of Rights on Land of Palm Oil Plasma Plantation through Buying Under Hands in Cooperative Bima I Nagari Abai

Abstract

The development of the oil palm plantation industry in Indonesia in the last two decades is growing very rapidly. This plantation industry is of course very dependent on the availability of land that will be used to grow oil palm both from land controlled by the State and communal land and community agricultural land. With the need for land that is very much, of course the government must make the necessary regulations and also have to ascertain whether the regulations that have been made have been carried out by the business actors and whether the surrounding communities benefit from the existence of the oil palm plantation industry.

Koperasi BIMA I Nagari Abai, which in this paper is the object of research, is one of the realization of the oil palm plantation industry that obtained land from the Nagari Abai community and partnered with the community to give their land in a cooperative forum. Complete legal relationship with all rights and obligations that are formed because the partnership program comes from the existence of a partnership agreement between PT. Binapratama Sakatojaya as adoptive father and cooperative of BIMA I Nagari Abai as adopted son and PT. Bank Mandiri, Tbk. as a credit provider for the construction of the Koperasi BIMA I plasma plantation.

In the implementation of the partnership several problems were discovered that must be resolved immediately. Some of these problems are: legal relations that occur between PT. BPSJ with Bank Mandiri and Koperasi BIMA I related to the details of the debt and financing of the Koperasi BIMA I plasma plantation; in addition, there is also a large number of under-hand transfers of plasma plantations that are not in accordance with the rules of land law and the Articles of Association of Koperasi BIMA I Nagari Abai.