Criminal policy in plantation crime in Indonesia

Abstract

Indonesia is an agricultural country with abundant natural resources. Indonesia has enormous potential for plantation development to realize people's welfare. Especially in Langkat District as the third largest plantation area in North Sumatera. Seventy percent of Langkat District consists of oil palm plantations. Therefore, the management of plantations must have the principles of sovereignty, sustainability, efficiency. The operation of plantations is in line with the mandate and spirit of Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia that states that the land, water, and natural resources contained therein are controlled by the state and utilized maximally. To protect plantations from harvest thieves, the government issued Law Number 39 of 2014 concerning the Plantation Law. This research method is normative juridical. The results showed that with the enactment of Law Number 39 of 2014 concerning Plantation, there is no criminal sanction if it does not include the value of losses and the applicable law. To protect community oil palm plantations, the criminal justice system must establish criminal policies that support justice and benefit. In conclusion, as a system demands the Criminal Court to carry out criminal policies that prioritize legal objectives.