Kewenangan Pemerintah Kabupaten Labuhanbatu Utara untuk Pemenuhan Hak Plasma Bagi Masyarakat di Merbau Selatan (Studi PT. Perkebunan Nusantara IV Regional I)

Abstract

The ongoing conflict between the community in Merbau Selatan and PTPN III reflects the lack of attention from the local government. Additionally, PTPN III is obligated to allocate 20% of its HGU (Right to Cultivate) land for the development of community plantations. This study examines the regulations related to plasma rights for the community, the authority of the Labuhanbatu Utara Regency Government in fulfilling plasma rights, and the efforts that can be undertaken by the local government to address the issues surrounding plasma rights in Merbau Selatan. This research adopts a normative juridical method by analyzing legal theories, principles, and regulations relevant to the subject matter. The study reveals that the obligation to allocate 20% of HGU land for community plantations is mandated by Article 58 of Law No. 6 of 2023 on the amendment to Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation. Failure to comply with this obligation may result in administrative sanctions as stipulated in Article 60 of Law No. 39 of 2014 on Plantations. However, the Labuhanbatu Utara Regency Government, through the Agriculture Office, has not imposed any administrative sanctions on PTPN III despite non-compliance. Raising awareness among companies about their rights and obligations is crucial to prevent violations in the implementation of partnership programs. Furthermore, increased supervision and protection for plasma farmers are necessary. The enactment of a Regional Regulation on the Protection of Plasma Farmers is recommended to ensure legal certainty, improve income, and enhance the welfare of communities around the plantation.