Implementation Of Plasma Core In Ownership Cultivation Rights

Abstract

The existence of land for the Indonesian nation is one of the assets and capital in the context of national development and realizing the welfare of the Indonesian people, as referred to in Article 33 paragraph (3) of the 1945 Law of the Republic of Indonesia. Article 33 paragraph (3) is used as the basis for the preparation of Law Number 5 of 1960 concerning the Basic Regulations on Agrarian Principles (hereinafter referred to as "UUPA"). In the provisions of Article 16 paragraph (1) of the UUPA, it is regulated regarding land rights, one of which is the Right to Use Business as referred to in the provisions of Article 28 paragraph (1) of the UUPA. One of the leading sectors by the Government of Indonesia in order to support the economy, as well as the development of national facilities and infrastructure is the agrorbusiness sector. In the laws and regulations and practices in Indonesia, the granting of Hak Guna Usaha to the land to be used in the agricultural, fishery or livestock sector (especially in the field of plantations), the company is required to develop and comply with  the pattern of plasma core partnerships , as well as holders of Business Use Rights to facilitate the construction of community gardens, about at least 20% (twenty percent) of the land area requested by The Right to Use Business for the surrounding community in the form of partnerships (plasma) in accordance with business activity permits from authorized technical agencies, for legal entity rights holders. Plasma core partnership pattern is a partnership relationship between small businesses and large businesses in which medium or large enterprises act as the core and small businesses as plasma.