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Langkat Regency relies heavily on its vast plantation sector, where oil palm, rubber, and cocoa serve as the primary drivers of the local economy. While large state-owned and private corporations operate alongside smallholder farmers, the high intensity of agricultural activity creates frequent legal friction. Common offenses include the theft of fresh fruit bunches (FFB) of oil palm, boundary disputes, and disagreements between local communities and corporate entities. When minor plantation offenses go through the conventional criminal justice system under Indonesia's Criminal Procedure Code (KUHAP), the process is often lengthy, expensive, and disproportionate to the actual financial losses incurred. Formal prosecution frequently escalates social tensions between surrounding village communities and plantation managers, damaging long-term social cohesion. To address these structural delays, law enforcement agencies increasingly rely on alternative dispute resolution mechanisms to restore harmony in agricultural regions.
Simple Methodology to Evaluate Legal Impact
To evaluate the real-world application of alternative dispute resolution, Poppi Loveranda Ginting and Dr. Ida Hanifah conducted a normative-empirical legal study using a socio-legal approach. The researchers examined relevant legislative frameworks, including National Police Regulation (Perpol) Number 8 of 2021, which sets the technical guidelines for resolving crimes through restorative justice. The research team gathered empirical data directly at the Langkat Police Station. They conducted in-depth interviews with police investigators, law enforcement officers handling agricultural crimes, and local community leaders involved in mediation processes. Additionally, the researchers analyzed case files, official police records, and written peace agreements to evaluate how police discretion operates in practice.
Key Research Findings
The research by Poppi Loveranda Ginting and Dr. Ida Hanifah revealed several critical insights regarding how restorative justice functions within the police department:
Clear Procedural Framework: The Langkat Police initiate restorative justice by evaluating whether a reported crime qualifies under Perpol No. 8 of 2021. Cases eligible for mediation must involve minor financial losses, non-violent acts, and voluntary participation from all parties.
Mediated Dialogue: Investigators act as facilitators, bringing together perpetrators, victims, families, and village elders to negotiate a formal peace agreement focused on restitution rather than imprisonment.
Significant Efficiency Gains: Case resolution through non-litigation channels significantly reduces court backlogs, minimizes administrative costs for the police, and allows victims to recover financial losses quickly.
Bargaining Power Disparities: The study identified a persistent power imbalance between smallholder farmers or local residents and large plantation corporations. Economically vulnerable individuals often feel subtle pressure to accept settlement terms due to limited legal literacy.
Valuation Difficulties: Ambiguity in calculating damages such as the value of destroyed young crops or contested land boundaries frequently complicates mediation efforts.
Real-World Impact and Policy Implications
The findings offer actionable insights for policymakers, law enforcement leaders, and agricultural businesses operating in Indonesia. By prioritizing restorative practices for minor offenses, police stations can prevent the over-criminalization of impoverished local residents who commit petty thefts due to immediate economic necessity. For plantation enterprises, adopting mediated resolutions helps foster sustainable relationships with neighboring communities, reducing the risk of prolonged social unrest or violent land reclamation efforts. However, the study emphasizes that police officers must receive standardized training to ensure that power dynamics do not compromise the fundamental fairness of peace agreements.
Author Profiles
Poppi Loveranda Ginting, S.H. is a legal scholar affiliated with the Faculty of Law at Universitas Muhammadiyah Sumatera Utara (UMSU). Her research focuses on criminal law, restorative justice mechanisms, and empirical legal studies.
Dr. Ida Hanifah, S.H., M.H. is a senior lecturer and researcher in the Faculty of Law at Universitas Muhammadiyah Sumatera Utara (UMSU). She specializes in labor law, criminal law administration, and dispute resolution frameworks in agrarian sectors.
Source
Poppi Loveranda Ginting, Ida Hanifah. The Application of Restorative Justice in Handling Criminal Cases Related to Plantations at the Langkat Police Station. International Journal of Law Analytics (IJLA), Vol. 4, No. 2, Halaman 285-296
DOI : https://doi.org/10.59890/ijla.v4i2.198
URL: https://journal.multitechpublisher.com/index.php/ijla
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