Criminal Liability for Theft in Oil Palm Plantations (Study of Decision No27/Pid.C/2023/PN.Psp)

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FORMOSA NEWS - Kota Medan - A new legal study reveals that applying minor offense classifications and probationary sentences to small-scale oil palm thefts provides better legal certainty and more proportional justice than traditional imprisonment. Conducted by legal scholar Tulus Maruli Tua Pasaribu from Universitas Muhammadiyah Sumatera Utara, the comprehensive research analyzes how the Indonesian justice system responds to plantation crop thefts. Published in 2026, this study offers vital insights into balancing corporate asset protection with humane legal enforcement, presenting a strategic framework for future agroindustry policies and judicial practices.

The Dilemma of Small-Scale Plantation Theft
Oil palm is a vital driver of the Indonesian economy, but its high commercial value makes it a frequent target for illegal harvesting and theft. A major challenge in law enforcement arises when the monetary value of stolen Fresh Fruit Bunches (FFB) falls below Rp2,500,000.00. Historically, these cases are categorized as minor offenses (known locally as tipiring), which under Article 364 of the Indonesian Criminal Code carry a maximum prison sentence of just three months. This legal threshold creates a difficult dilemma for both plantation owners and the justice system. Weak or overly lenient law enforcement fails to deter recurrent offenders, forcing farmers and agricultural enterprises to invest heavily in continuous security monitoring. Conversely, pushing every minor theft through strict, formal criminal proceedings leading to immediate imprisonment creates severe systemic issues. This rigid approach exacerbates prison overcrowding, strains judicial state budgets over low-value losses, and imposes a lasting social stigma on individuals who are often driven by immediate economic distress rather than organized criminal intent.

Methodology: Analyzing Judicial Decisions Through Normative Law
To find a balanced solution, this research utilized a normative juridical research design with an analytical descriptive approach. The methodology focused on evaluating the alignment between statutory regulations and practical judicial decisions. The primary data source for the study was a detailed examination of the Padangsidimpuan District Court Decision No. 27/Pid.C/2023/PN.Psp. By utilizing deductive reasoning and qualitative analysis, the researcher deconstructed how the judiciary weighs statutory plantation laws, general criminal principles, and mitigating socioeconomic factors during sentencing.

Key Findings: The Power of Special Regulations and Probation
By closely examining Decision No. 27/Pid.C/2023/PN.Psp, the study highlights how Indonesian courts successfully integrate proportionality and specialized legal principles:

• Clear Evidence of Offense: The court verified that two defendants illegally harvested and collected 11 sacks of oil palm fruit, weighing approximately 330 kg, from an estate owned by the agricultural company PT Samukti Karya Lestari (PT SKL).
  
• Application of Lex Specialis: The panel of judges applied the principle of lex specialis derogate legi generali, which dictates that specific regulations override general laws. The court prioritized Article 107 letter d of Law Number 39 of 2014 concerning Plantations over general theft provisions in the Criminal Code.
  
• Implementation of a Probationary Sentence: The court sentenced the defendants to one month in prison. However, the judges ruled that the sentence did not need to be served immediately, instead placing the individuals on a three-month probation period. The defendants would only face prison time if they committed another offense during those three months.
  
• Balanced Judicial Considerations: The verdict successfully integrated aggravating factors such as the material losses suffered by PT SKL and local community unrest with mitigating factors, including the defendants' polite behavior, explicit remorse, and transparency throughout the trial.
  

Real-World Impact and Policy Implications
The findings by research provide an essential blueprint for modern legal reforms in the agricultural sector. By prioritizing restorative and proportional justice over purely punitive measures, the judiciary demonstrates how to protect corporate assets while respecting human welfare. For plantation companies, this legal approach secures their property rights, as the court ordered the stolen crop to be returned to its rightful owner, PT SKL. Simultaneously, the use of probationary sentences prevents the negative socioeconomic consequences of immediate incarceration for low-level offenders. For lawmakers and high-level policymakers, the research underscores a growing need to update national criminal policies. Embracing alternative sanctions such as community service, conditional probation, and targeted restitution optimizes state judicial resources, reduces prison congestion, and fosters long-term social stability in rural agricultural communities.

Author Profile
Tulus Maruli Tua Pasaribu holds an academic degree in law and is a prominent researcher affiliated with Universitas Muhammadiyah Sumatera Utara. His primary field of expertise includes Indonesian criminal law, statutory interpretation, judicial decision analysis, and agricultural legal policy, with a focus on sustainable plantation management and rural justice systems.

Source

Tulus Maruli Tua Pasaribu (2026). Criminal Liability for Theft in Oil Palm Plantations (Study of Decision No 27/Pid.C/2023/PN.Psp). International Journal of Law Analytics (IJLA) 2026. Vol. 4, No. 2, Hal. 141-154. 
DOI: https://doi.org/10.59890/ijla.v4i2.220
URL: https://journal.multitechpublisher.com/index.php/ijla/index