Legal Certainty of Investment in Management of Industrial Plantation Forests in Indonesia

摘要

Legal uncertainty is a major obstacle for investors to invest in Indonesia, especially investment in the management of industrial plantations. Management Permits granted by the government do not guarantee certainty for permit holders to control land. The Industrial Plantation Forests (HTI) concession area is not clear from ownership conflicts with other parties. Agrarian conflicts hinder the certainty of land tenure by investors. This study tries to find answers to the question why there is legal uncertainty in investment in HTI management, even though the company has obtained permits from the government. Normative law study is a method used in this research. Legislation, legal theory, doctrine as secondary legal data are used to find scientific logic of the normative side. Permit as legal certainty should provide protection of the rights and obligations for license holders, but does not guarantee the certainty of tenure for businesses. The synchronization, harmonization and sovereignty of indigenous peoples is an urgent need to create legal certainty.