LAND DISPUTE COMPLETION OF BUMN PT X

A. Abstract
Land dispute settlement between PT. X in North Sumatra with the cultivating community, in fact
until now has not been resolved clearly and complete. Failure to settle plantation land disputes,
both through and through litigation (litigation) or by way of deliberation outside the court (non-
litigation), exists several reasons, namely: first, the settlement through the court is felt to be less
than satisfying justice, the presumption of the court cultivators siding with the plantation. second;
settlement disputes by means of a non-litigation approach are carried out by means of a security
approach (security approach) impacting the loss of life and property, giving rise to feelings
hostility on both sides was getting sharper. Plantation companies in progress the land dispute
arises with a form of heart care, namely compensation. Need to look for shapes or a dispute
resolution model that can resolve the dispute thoroughly between company and cultivator

B. Background
History of plantations in North Sumatra, formerly East Sumatra very closely related to politics
Dutch trade wants obtain tobacco commodity results the best of the area of origin, because of at
that time tobacco trade was very profitable in Europe. Deli Maatschappij a company nation's
tobacco plantations The first Dutch was founded in East Sumatra in 1869, and experienced great
success. Expansion plantation company in Sumatra East develops not only deep tobacco
plantation business, but followed by the establishment of companies for rubber, tea, coconut
plantation companies palm and fiber on Raja Island, Asahan andLabuhanan Batu. Large
plantations managed The country of origin of the Dutch foreign companies was taken transfer of
the Indonesian Republican Government by way of nationalization in the year 1958, based on the
Act Number 86 of 1958 (LN. 1958-162). Policies in the land sector populist in the Old Order era is
the issuance of the Law Agrarian Principal 1960 (Law No. 5 Year 1960). 1 This law is based on
customary law that has been perfected so that all forms land rights in the Dutch era deleted and
converted to rights regulated by the LoGA. UUPA establish restrictions on mastery land so as not
to harm the interests general, protecting land rights individuals placed inside functional
dimension, which means right over land refers to public interest. Return policy experience
changes when they occur change of government. Government The New Order tends to do
development policy with the economy as the commander. This matter cause a change in
perception to the function of land as one natural resources that are very unique nature. Land is
seen as a means investment and accumulation tools capital. These changes take place in line with
changes in land policy namely from impartial policies the interests of the people to that policy
more in favor of interests capitalist. The LoGA is maintained even though it is no longer the parent
all regulations that apply in the field agrarian. 2 A number of other laws which is contrary to the
LoGA displayed, for example Law No. 1 year 1967 concerning Foreign Investment and Law No. 5
of 1967 concerning Principal Forestry Provisions provide opportunities to various circles to obtain
rights Forest Concession (HPH) and Rights Forest Product Collection (HPHH). The enactment of
this law cause community rights, for example customary rights to land or rights ulayat becomes
marginalized. Rights they are displaced by the interests of the people capital owners. In this period
the conflict no longer involve small farmers or sharecroppers with landlords but between the land
owners (farmers / people) with the owner large capital and country. Country can act as a
facilitator give support to the owner big capital and even the country alone, on behalf of
development, is the party directly dispute with people.3 Land disputes in the New Order era it
appears in more frequencies many with different reasons. 4 Many plantation land disputes occur,
especially in areas plantation bags like in Java and Sumatra, appears because of it new
determination, extension, or transfer of business use rights to land plantations and / or former
land plantations that have been cultivated by people. The area of dispute is also increasingly
extends, not only happens to rural community but also on urban community. Eviction houses live
in various big cities for example, used for the needs of capital owners, housing developers luxury,
as well as a number of projects owned government. UU no. 20 of 1961 regarding Revocation of
rights Land and objects in the top is interpreted in such a way so in practice, for public interest or
even for private interests, officials of the same level the governor or regent can do revocation of
land rights. Eviction land owned by the people carried out by government for the benefit of the
state in the name of development, for the interests of the capital owners, or even individual
interests have access to power. The eviction is usually carried out with inadequate compensation
which is obviously very unfair to the owner soil. In Law No. 5 of 1960 regarding Basic Principles
Agraria is basically distinguished ownership of land between the subjects of rights namely
between Indonesian citizens with foreign nationals. Citizen Indonesia is given the possibility to
have land rights while Foreign Citizens are restricted to get land rights, only only certain land
rights, i.e. limited term land rights time, like the Right to Use and Rights Rent. Land tenure
restrictions by the stranger takes the principle the basis for growing ownership on customary
rights. In customary rights determined that an outsider (in a sense outside the members of the
customary law alliance) restricted to owning land within the legal community the different
conditions that apply in the Dutch East Indies colonial era when the BW came into force, which
stipulates that everyone may have land rights such as eigendom rights, rights install and erfpacht
rights provided that is concerned subject to BW that is. Even land ownership based on BW is
absolute and sacre means landowners in a way as broad as you can enjoy and use it, even with
the absolute nature of that right comes out from the country domain as regulated in
domeinverklaring, i.e. other than not proven by eigendom rights someone then all land parcels
are there is a country domain. 5 After the enactment of the Basic Agrarian Law Number 5 Year
1960, applicable national land law is a land law that regulates the types of land rights in the civil
aspect and in the administrative aspects that contain the national land politics all of them aim at
the end the creation of unification of land law ii Indonesia. UUPA as agrarian law national disaneer
of the law adat. 6 As a national land law, LoGA is a basic rule of related implementing regulations
with land, both in the form of laws and government regulations. Plantation Land Disputes in PTPN
Plantation Company is citizen plantation businessman Indonesia or legal entity established under
Indonesian law and domiciled in Indonesia manage the business with a certain amount (Law No.
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