International Journal of Social and Education (INJOSEDU)
Vol. 2 No. 9 (2025): International Journal of Social and Education (INJOSEDU)

THE LEGAL IMPACT OF PALM OIL PLANTATIONS ON MARGINALISED COMMUNITIES: EFFECTS ON LAND ACCESS, INVOLVEMENT IN THE ECONOMIC VALUE CHAIN, AND STRATEGIES FOR IMPROVING SOCIO-ECONOMIC WELFARE

Gunawan Widjaja (Fakultas Hukum Universitas 17 Agustus 1945 Jakarta)



Article Info

Publish Date
14 Dec 2025

Abstract

This study analyses the legal impact of oil palm plantations on marginalised communities in Indonesia, focusing on the effects on land access, involvement in the economic value chain, and strategies for improving socio-economic welfare. Using a qualitative legal-empirical approach, the study found that regulations such as Law No. 39/2014 on Plantations and Law No. 5/1960 on Basic Agrarian Principles failed to protect the customary rights of indigenous peoples due to the prioritisation of HGU (right to cultivate) that ignored FPIC (free, prior and informed consent), causing massive agrarian conflicts and economic marginalisation where communities only capture 10-20% of the value of the supply chain as primary labourers. The proposed reform strategies include strengthening 50:50 plasma partnerships, agroforestry diversification, women's empowerment through CSR, and market digitalisation to increase income by up to 40%, in line with Constitutional Court Decision No. 35/PUU-X/2012 and the ISPO 2030 target.

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Journal Info

Abbrev

INJOSEDU

Publisher

Subject

Description

International Journal of Social and Education (INJOSEDU) is a journal that deals with social, cultural, economic, political and educational issues. Education covers all kinds of fields of education, in the sphere of family, school, and even higher education. The field of education is not confined to ...