PERLINDUNGAN HUKUM TERHADAP WANPRESTASI PERJANJIAN KEMITRAAN INTI PLASMA DALAM PENERBITAN HAK GUNA USAHA

Joko, Dr. Joko Sriwidodo, SH, MH and michael, yogatama (2023) PERLINDUNGAN HUKUM TERHADAP WANPRESTASI PERJANJIAN KEMITRAAN INTI PLASMA DALAM PENERBITAN HAK GUNA USAHA. Jurnal Multidisiplin Indonesia, 2 (3). pp. 551-561. ISSN 2963-2900

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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 Republic of Indonesia Law. In the provisions of Article 16 paragraph (1) of the Law Number 5 of 1960 concerning Basic Agrarian Regulations (hereinafter referred to as "UUPA"), regulates land rights, one of which is the Cultivation Right as referred to in Article 28 paragraph (1) of the UUPA. One of the sectors that has become the leading sector by the Government of Indonesia in the framework of supporting the economy, as well as the development of national facilities and infrastructure is the agribusiness sector. In the laws and regulations and practice in Indonesia granting usufructuary rights over land to be used in the agricultural, fishery or livestock sector (especially in the plantation sector), companies are required to develop and comply with the nucleus plasma partnership pattern, as well as usufructuary rights holders. Efforts to facilitate the development of community gardens, at least 20% (twenty percent) of the land area requested for Cultivation Rights for the surrounding community in the form of a partnership (plasma) which must be mutually beneficial and interdependent. The plasma core partnership pattern is a partnership relationship between small businesses and large businesses in which medium or large businesses act as the core and small businesses as plasma. However, if the two parties are unbalanced, the potential for default cannot be avoided.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: PASCA SARJANA > S2-Kenotariatan
Depositing User: mr purwo agus sucipto
Date Deposited: 28 Mar 2023 06:50
Last Modified: 28 Mar 2023 06:50
URI: http://repo.jayabaya.ac.id/id/eprint/3295

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