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All Journal Jurnal Akta Awang Long Law Review
Rahman, Rojali
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Law, Crime, Criminology & Criminal Justice

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HANDLING OF MINOR CRIMES OF THEFT IN OIL PALM PLANTATIONS Rahman, Rojali; Munawar, Akhmad
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1406

Abstract

Palm oil plantations play a vital role in Indonesia's economy but face issues of palm fruit theft with losses valued under IDR 2.5 million. Since the implementation of Supreme Court Regulation (PERMA) No. 2 of 2012, such theft cases have been resolved through restorative justice (RJ), which has proven insufficient in providing a deterrent effect. Offenders frequently repeat their actions, resulting in economic losses for companies and social unrest in communities. This study evaluates the effectiveness of RJ in addressing minor theft cases in palm oil plantations in Tanah Laut, South Kalimantan. Using normative legal methods and case analysis, it was found that RJ often imposes lenient sanctions, such as signing statements or temporary confiscation of theft tools. This leniency motivates offenders to exploit legal loopholes without fear of serious consequences. Challenges in RJ implementation include social protection for offenders by village officials, limited supervision, and inadequate security personnel in vast plantation areas. The study recommends stricter sanctions, such as recording offenders’ criminal records in police databases to enhance deterrence. Strengthening collaboration between companies and law enforcement is also necessary to prevent repeated theft. The application of RJ in minor theft cases in palm oil plantations needs revision to be fairer and more effective in protecting companies, communities, and deterring offenders. This study aims to contribute to the development of more adaptive legal policies tailored to local needs.
Legal Review of SISKA KU INTIP Program as Substitution for Plasma Obligations in Livestock Partnerships Rahman, Rojali; Munawar, Akhmad; Hidayatullah, Hidayatullah; Listiyani, Nurul; Megasari, Indah Dewi
JURNAL AKTA Vol 12, No 3 (2025): September 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i3.46063

Abstract

This research examines the SISKA KU INTIP Program (Palm Oil–Cattle Integration System Based on Core–Plasma Livestock Business Partnerships) as a role model for partnerships between palm oil plantation companies and communities. This program is an alternative to the obligation to build plasma plantations of 20% of the area regulated in Law No. 39 of 2014 concerning Plantations. In practice, limited land and high levels of agrarian conflict often hinder the implementation of plasma. SISKA KU INTIP offers a more flexible and productive solution through a palm-cattle integration. This research aims to: (1) find out how the SISKA KU INTIP program is implemented in oil palm plantations, and (2) analyze the legal politics in supporting this program as a role model for developing cattle-oil palm integration as a substitute for plasma obligations in Indonesia. The research method was normative juridical, with a statutory regulation and legal policy approach. Data was obtained through a literature study of primary, secondary, and tertiary legal materials. The analysis is carried out systematically, teleologically, in legal politics, legal discovery (reasoning and interpretation), and legal certainty. The research results show that although it has not been explicitly regulated as a substitute for plasma obligations, SISKA KU INTIP has a legal basis in various supporting sectoral and regional regulations. In addition, several academic studies have been conducted regarding the results or impact of SISKA KU INTIP on the plantation sector. This program can be applied normatively, technically, and socially as a model for substituting plasma obligations, as long as there is policy harmonization between the central and regional governments. This program also supports social justice and sustainable development through the values of Pancasila and the 1945 Constitution.
HANDLING OF MINOR CRIMES OF THEFT IN OIL PALM PLANTATIONS Rahman, Rojali; Munawar, Akhmad
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1406

Abstract

Palm oil plantations play a vital role in Indonesia's economy but face issues of palm fruit theft with losses valued under IDR 2.5 million. Since the implementation of Supreme Court Regulation (PERMA) No. 2 of 2012, such theft cases have been resolved through restorative justice (RJ), which has proven insufficient in providing a deterrent effect. Offenders frequently repeat their actions, resulting in economic losses for companies and social unrest in communities. This study evaluates the effectiveness of RJ in addressing minor theft cases in palm oil plantations in Tanah Laut, South Kalimantan. Using normative legal methods and case analysis, it was found that RJ often imposes lenient sanctions, such as signing statements or temporary confiscation of theft tools. This leniency motivates offenders to exploit legal loopholes without fear of serious consequences. Challenges in RJ implementation include social protection for offenders by village officials, limited supervision, and inadequate security personnel in vast plantation areas. The study recommends stricter sanctions, such as recording offenders’ criminal records in police databases to enhance deterrence. Strengthening collaboration between companies and law enforcement is also necessary to prevent repeated theft. The application of RJ in minor theft cases in palm oil plantations needs revision to be fairer and more effective in protecting companies, communities, and deterring offenders. This study aims to contribute to the development of more adaptive legal policies tailored to local needs.
Co-Authors Hidayatullah Hidayatullah Listiyani, Nurul Megasari, Indah Dewi Munawar, Akhmad