Restoring Rights: Addressing Land Disputes and Legal Frameworks in Indonesia’s Plantation Sector

As a result of the Indonesian government’s policy regarding the facilities provided to special investors in plantation businesses in Indonesian territory, thousands of hectares of plantation land have suffered significant damage and destruction. A significant portion of plantation land and land traditionally occupied by indigenous communities is classified as state land (Ex HGU). Damaged plantation land is subject to restoration by enhancing the legal system on criminal sanctions of recovery, damages, or fines. Several legal provisions outline penalties for violations concerning the illicit use of land, as regulated by Law No. 39 of 2014 and Act No. 6 of 2023 on the Creation of Work. The regulated sanctions may lead to the deliberate occupation of farmland due to the sanction formulas outlined in Law No. 39 of 2014 and Act No. 6 of 2023. This creates a form of discrimination against the public in favor of corporations. Discrimination arises when individuals receive the same treatment but face different consequences, as seen in the application of criminal sanctions where the public often faces harsher penalties, while corporations typically receive only administrative sanctions. An essential aspect of restoring plantation land is safeguarding public rights over state land, former HGU land, and indigenous territories, as established by MK Decision No. 138/Law-XIII/2015. This process requires minimal intervention while ensuring equal treatment in legal sanctions, protection measures, and the fair allocation of land to local and indigenous communities, aimed at supporting their livelihoods and preserving their cultural sustainability.