IMPLEMENTASI PASAL 11 PERMENTAN NO. 26 TAHUN 2007 TENTANG PELAKSANAAN KEWAJIBAN PERUSAHAAN PERKEBUNAN UNTUK MEMBANGUN KEBUN BAGI MASYARAKAT SEKITAR

Abstract

In its drafting, the making of Article 11 of Permentan No.26/2007 is aimed not only to give benefit to plantation companies in the regions but also to local communities nearby. Unfortunately, this research found that there are some problems with the implementations. Through a close observation, an open in-depth interview, and a qualitative method of analysis, it is further found that the implementation of the article have not yet optimally met its goal, due to some factual evidences. First, the article still fails to reveal what it meant with "surrounding community." In other words, it cannot clearly give definition on the local community it targeted. Second, the legal subject in this provision is also not clear. Third, there is also question with the exact location of the plantation which must be provided for the surrounding local community, and, moreover, how large it must be developed for them. Credit bank mechanism in its realization, bad supervision, and the absence of sanction on the one hand, and regional governments' effort to push investment in this sector, on the other, makes the implementation of the Article 11 much more complicated. The writer proposes, therefore, a recommendation to make a review or an amendment to the article to make it easier to be enforced.