Restorative Justice Efforts in Settlement of Land Disputes of Business Usage Rights (HGU) PT Nusantara VIII Plantations in Bopunjur Region

Abstract

In legal practice, the implementation of restorative justice is commonly found in the field of criminal law, namely precisely in cases of crimes committed by children, but in its development at present this practice has a broader meaning and implementation, through the Chief of Police Regulation Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice in accordance with the findings in the field which the author observes that restorative justice is also found and can be applied to land cases with disputed objects, namely arable land above the land use rights of PT. Perkebunan Nusantara VIII in the Bopunjur region. This study aims to identify and conduct an analysis of restorative justice efforts over PT. Perkebunan Nusantara VIII in the Bopunjur Region. The method used by the author is a mixed empiric-juridical method which combines normative research combined with actual events in the field, because this writing is also experienced by the author himself, thus from the literature obtained it can be connected with practices that occur in the field. The results of the author's findings on land use rights disputes that lead to cases with restorative peace settlements, namely 1). Even though the implementation of restorative justice has been carried out formally, at the material level these efforts have not fully restored land conversion which is a restorative goal. 2). Restorative peace efforts tend to be in a hurry because they have to be carried out at the time of the PTPN VIII birthday ceremony when the signing of the peace agreement letter between the cultivator and PTPN VIII, while the goal of returning land function and land cooperation efforts are mostly not achieved, so that the existing building that stands on the land has not been dismantled according to the peace agreement. In this study the authors limit the scope of the study of efforts to apply restorative justice in the settlement of PTPN VIII HGU land disputes in the Bopunjur Area. The author realized that this topic was the development of the author's thoughts during the national seminar activities at Djuanda University in 2021, the difference is at that time the new explanation was only on an empirical level, but on the topic now that is being raised is a juridical effort that must be made by the parties when they encounter the same thing in the future