Jurnal Akta
Vol 13, No 1 (2026): March 2026

Implementation of Palm Oil Plantation Use Rights in the Dialectic of Investment Certainty and Agrarian Justice

Dermawati ButarButar, Dinalara (Unknown)



Article Info

Publish Date
04 Mar 2026

Abstract

Hak Guna Usaha (HGU) constitutes a fundamental legal framework governing large-scale palm oil plantations in Indonesia and plays a strategic role in ensuring long-term investment stability. Nevertheless, evolving regulatory schemes, particularly those extending concession periods and lacking explicit landholding limits, have generated tension between economic growth objectives and the constitutional mandate of social justice. Persistent agrarian conflicts, overlapping land claims, and weak recognition of customary and local community rights reveal structural imbalances in the implementation of HGU. This study aims to examine the regulation and practice of HGU within the dialectic of investment certainty and agrarian justice, while proposing a normative reconstruction that strengthens the social function of land. Employing a normative juridical method through statutory, conceptual, and comparative approaches, the research identifies significant disharmony between the Basic Agrarian Law and its derivative regulations. Comparative insights from Malaysia, Brazil, Thailand, and the Philippines demonstrate that clearer landholding limits, smallholder integration, and stronger institutional oversight contribute to a more equitable plantation governance model aligned with constitutional principles.

Copyrights © 2026






Journal Info

Abbrev

akta

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

JURNAL AKTA (eISSN : 2581-2114, pISSN: 2406-9426) is a peer-reviewed journal published by Master Program (S2) Notary, Faculty of Law, Sultan Agung Islmic University. JURNAL AKTA published four times a year in March, June, September and December. This journal provides immediate open access to its ...