The Enforcement of Law Number 6 of 2023’s on Job Creation in Achieving Sustainable Development in Plantation Businesses

Abstract

This research aims to create sustainable development in the business field within the plantation sector and to be of particular and strategic concern in realizing the protection of human rights and the economic development of the country. According to the theory of justice proposed by L.A. Hart, fair law enforcement should not apply discriminatory measures against certain legal subjects. This research method uses 274 court rulings from 2015 to 2022 that adjudicated land ownership issues between the Community and Companies. The analysis results based on court ruling data show that 274 rulings on plantation land use cases imposed criminal sanctions on the Community, and there were no rulings imposing criminal sanctions on corporations. The inconsistency in the enforcement of criminal law against plantation business actors is based on the disharmony between Article 14 of Law Number 6 of 2023 concerning Job Creation and Article 107 of Law Number 39 of 2014 concerning criminal and administrative sanctions for violations related to plantation land. The conclusion of this research is the existence of inconsistencies that lead to discriminatory enforcement of sanctions against corporations compared to the community of plantation business actors who commit offenses under Article 107 of Law Number 39 of 2014 concerning Plantations.