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Legal Certainty of Investment (Study on Legal Certainty of Investment in Managing Industrial Plantation Forests in Indonesia)
Firdaus, Rahmad Hendra

Universitas Riau


Legal certainty is an absolute requirement for investment in the Industrial Plantation Forest (HTI) sector. This study tries to find the root of the problem of legal uncertainty regarding permits granted to HTI business actors, and provides solutions for the government to take steps that must be corrected, changed and / or removed from the norms that cause legal uncertainty in investment fields. This is a normative legal research in which data sources obtained from primary legal materials in the form of legislation, jurisprudence and expert opinions relevant to the research. The study found that permits granted by the government as a legal basis (legal certainty) for entrepreneurs to control the land did not create a state of certainty of control over land, instead they gave birth to ownership conflicts. The government does not understand the real situation that the area or location granted permits have overlapping ownership. Multi sectoral authority, asynchronous and changing regulations, unclear status of state forests and community land, weak predictions of population growth that have an impact on the social economy in the establishment of a Regional Spatial Plan (RTRW), as a result of the authorities not carrying out a perfect agrarian renewal .This study provides a comprehensive description of legal uncertainty in HTI investment, some of the earlier studies have looked more at legal certainty, but have not been carried out comprehensively about the roots of legal uncertainty. This research is expected to have an impact on the government to immediately undertake agrarian renewal efforts, improve, change and or revoke the validity of the norms that cause legal uncertainties in investment law uncertainty in the HTI sector.

Keywords: Legal Certainty, investment, industrial plantation forests

Topic: Private / Contract Law


Conference: Riau Annual Meeting on Law and Social Sciences (RAMLAS 2019)

Plain Format | Corresponding Author (Firdaus Firdaus)

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