Electronic Theses and Dissertation

Under the Indonesian legal system, there are several legislation governing the crime of stealing palm fruits in oil palm plantation, inter alia: (i) Indonesian Criminal Code; (ii) Plantation Act Number 39 of 2014; and (iii) Customary Law underlying on Qanun Aceh Number 9 of 2008 regarding Guidance of Customary Life and Custom. The settlement of crime of stealing palm fruits in Tamiang Hulu will be subjected to the Indonesia Criminal Code and the Customary Law, whereas other regions in Indonesia are applying the Plantation Act to resolve crime of stealing palm fruits.
The purposes of this research are; (i) To discover which laws of Indonesia regulating theft offences in oil palm plantation; (ii) to understand how Plantation Act settles theft offences in oil palm plantation under the Act Number 39 of 2014 regarding Plantation; (iii) to analyze how Customary Law settles theft offences in oil palm plantation.
In obtaining the data, the method used in this research is empirical juridical and quantitative method. This method will describe the implementation that have been referred to primary legal material such as Indonesia Criminal Code, Plantation Act No. 39 of 2014, and Qanun Aceh No. 9 of 2008 regarding the Guidance of Customary Life and Custom.
As the result of this research, it is found that: (i) the crime of stealing palm fruits is regulated under the Criminal Code of Indonesia; Plantation Act; as well as Customary Law, (ii) referring to Article 107 of Plantation Act, any theft occurs in the territory of oil palm plantation will be charged for a maximum 4 years imprisonment or a maximum fine for 4 billion rupiah, and (iii) according to Customary Law applied, the theft offences will be assessed by the local government of Tamiang Hulu sub-district, leading the perpetrator to not to subject to any criminal rules.
It is suggested to every side particularly the community, the owner of plantation company as well as the law enforcers to: (i) acknowledge that the regulation on the theft offences are not only regulated under Criminal Code of Indonesia, but also under Plantation Act and Customary Law, (ii) refer any theft offences with occur in the territory of oil palm plantation to Article 107 of the Plantation Act, and (iii) consider the applicability of Customary Law to the recidivist of theft offences to be charged criminally according to the Plantation Act.

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