Kajian Hukum terhadap Kepemilikan Asing dalam Sektor Perkebunan Kelapa Sawit dalam Perspektif Kedaulatan Ekonomi Indonesia

Abstract

Investment business activities are subject to Law Number 25 of 2007 concerning Investment. The list of business sectors that can be invested in is regulated in Presidential Regulation Number 10 of 2021 concerning Investment Business Sectors, which was later amended by Presidential Regulation Number 49 of 2021. Based on this regulation, oil palm plantations do not require restrictions on capital ownership, meaning they can be fully owned by foreigners. This study aims to describe the legal aspects of foreign investment in the oil palm plantation sector, whether the challenges posed by oil palm plantations are directly correlated with the unrestricted composition of foreign share ownership in this business sector, and to assess whether the applicable regulations on Foreign Direct Investment (PMA), particularly in the oil palm plantation sector, have optimally guaranteed Indonesia's economic sovereignty. This study uses a normative juridical method, with a legislative and conceptual approach. Data sources are derived from secondary data using primary and secondary legal materials. The data collection technique uses library research. This research is descriptive and analytical using qualitative methods. The results indicate that the environmental and social impacts of oil palm plantations are not directly correlated with company ownership structures, but rather are more related to operational practices and the company's approach to local communities. This research also shows that although the state does not limit the size of foreign capital ownership, the state's presence in maintaining economic sovereignty is manifested in policies related to restrictions and obligations, such as those related to land rights, where investors can only hold a Cultivation Use Right (HGU) for a certain period, obligations to develop plasma plantations, and land allocation. This research also shows that regulations in oil palm plantations still require improvement to address overlapping and disharmonious regulations.