ANALISIS PELAKSANAAN PERJANJIAN PENGELOLAAN TANAH ULAYAT ANTARA PT DUTA PALMA NUSANTARA DAN MASYARAKAT ADAT DI SIBERAKUN

Abstract

The implementation of the customary land management agreement between PT Duta Palma and Indigenous Peoples in Siberakun Regency is regulated in an agreement agreement in 1998 which states that PT Duta Palma will build oil palm plantations with the KKPA pattern and further regulated in Law number 39 of 2014 concerning Plantations. Articles 58, 59, and 60 state that palm oil companies are required to provide 20 percent of the total land area of business use rights for facilitating the development of community gardens. However, in fact PT Duta Palma did not fulfill either an agreement with indigenous peoples or did not implement Law Number 39 of 2014 concerning Plantations. This is due to several things, including the unavailability of land for the development of the community land in question so that this obstacle is the strongest reason for PT Duta Palma Nusantara not to obey the services made. Therefore, it is necessary to study the first stimulant, the implementation of the customary land management agreement between PT Duta Palma Nusantara and the Indigenous Peoples of Siberakun Regency, Second, efforts that can be made so that the customary land management agreement between PT Duta Palma Nusantara and the Indigenous Peoples of siberakun Regency can be implemented.          This research is a socio legal research, because it is based on field research, namely by collecting data from interviews, questionnaires, and literature studies that have a relationship with the problem to be studied assisted by primary, secondary and tertiary data. This research uses qualitative data analysis and produces descriptive data.      From the results of the study, it was concluded that, First, the implementation of the agreement between PT Duta Palma Nusantara and indigenous peoples in Siberakun Regency was not fully implemented. Second, the lack of communication between indigenous peoples and pt Duta Palma Nusantara and the local government or related agencies. Third, the future effort is to take the non-litigation or litigation stage so that this problem finds a solution and does not drag on. The author's suggestion is, first, to ask PT Duta Palma Nusantara with humility to remain obedient to the agreement that has been made secondly, local indigenous peoples continue to maintain conduciveness by taking litigation and non-litigation steps, third, if PT Duta Palma still does not fulfill the agreement then the HGU should be reviewed where it is handed back to indigenous peoples if the land Ulayat is included in the HGU of PT Duta Palma Nusantara.