POLITIK HUKUM PEMBERIAN HAK GUNA USAHA SETELAH BERLAKUNYA UNDANG-UNDANG PENANAMAN MODAL NOMOR 25 TAHUN 2007 DAN IMPLIKASINYA TERHADAP NASIB PETANI
Abstract: Application policy of Investment Act
(Undang-Undang Penanaman Modal/UUPM) Number 25 of 2007 about Capital
investment can bring negative implication to fate of farmer. UUPM hardly
clearly gives amenity to investor to obtain farm and tends to give the big
trust to investor to build the economic of Indonesia. The amenitys that is
given to investor can be misused if there is not followed by readiness of the
law structure with having enough ability to implement the substance of UUPM
causing can give the negative implication to fate of farmer. Until now,
the implementation of
vesting policy of
HGU still has
many harvesting problem between
entrepreneurs with public that occupying on the area around of HGU. The application
of policy that applying of vesting of HGU after implementing of UUPM has give ever
greater gain to entrepreneur because the duration of domination of extendable
HGU at the first time. The Government needs to take the normatif of rule that
remain to the farmer to gets justice and prosperity while investor still can
inculcate the legal capital and has the business in Indonesia. In this case,
the law structure prepared to beginning of UUPM must really brood in order not
to invite abuse to vesting of HGU to investor. This thing is enabled by HGU
that can be transferred or transferred to other party according to PP Nomor 40
Tahun 1996, while UUPM only arrange the duration of vesting of HGU.Visible
capital investment act as indication that there is no motivation for economics independence
of public, the policy takers doesn’t believe the Indonesian farmer can build plantation,
agriculture and fishery or even is improved to become company. This act exactly
trusts in investor that is most accurate cluster in giving the huge of land,
whereas Indonesian farmer becomes cheap labour only. This is the main
characteristic of colonial agrarian law that
reanimated on behalf
of INVESTMENT. Our farmer is
not really poor;
however they impoverished by
regulation and legislation which nonalignment to Indonesian public.
Kata Kunci: UUPM, HGU,
investor, petani
Penulis: Ni Ketut Sri Parwati
dan Sudjito
Kode Jurnal: jphukumdd090035
