Managing the Disputes of Land Rights of State Own Plantation versus Poor Farmers

Abstract

Land rights disputes often involve the social conflicts. The purpose of this research was to proposed a model of settlement disputes of land. It took the cases in North Sumatera of Indonesia, based on the observation and identification that recorded more than 2000 cases. A Research and Development (R & B) Design was conducted to collect the data of the sources of land disputes in North Sumatra, from colonial to post colonial eras.  Data obtained revealed that land disputes tended to be more complicated year by year. Farmers rights were displaced by the benefits of capitalists in which the benefit of folks could never fulfill through agrarialaws.Yet, the settelemt of land disputes in North Sumatera of Indonesia had not been successfully resolved through some models, namely; litigation and security approach (non-litigation). A new proposed model of conflict resolution offered the settlement of land disputes through performing the compensantion. The compensation had been done by Government Plantation Enterprises by purchasing all plants, and passed the Cultivation Rights Title (HakGuna Usaha/ HGU). In short, both parties avoided the involvement of the court in resolving land disputes. Settlers did not want to have more complicated conflicts, yet they achieved the fair aggrement which provided the advantages for both parties; cultivators and State Plantation Enterprises.