Contract of nucleus-plasma is an affirmative regulation over any company applied concession for agriculture. Every Palm plantation company that holds concession over 100 hectares is required to apply a nucleus-plasma contract. The problem has arisen since the contract arranged and dominated by the company during the contract period. Research aims are to investigate the contract in an equal position for both parties, to explain legal implications faced by the parties in implementing the contract, and to describe the palm oil agribusiness development prospect through the nucleus-plasma contract. Legal research method and such approaches as statutes, content, and comparative. These would be done by library and field researches. The research location is in Lalundu and Bungku. The research revealed; first, the parties palm farmer (plasma) and Plantation firms (nucleus) are unbalanced positions in the contract which its dominated by the firm in a construct of contract clausal., secondly, by the contract will occur such impact as convert land right (levering), breach of contract., Finally, Palm agribusiness development will support economic development in Central Sulawesi.
This study aims to describe and analyze the legal status of mineral mining companies' land in Central Sulawesi, and secondly to explore and/or find alternative concepts in the field of land use adopted by the community in the mining area and its surroundings. To achieve this goal, a sociological/socio legal research method will be used. Document studies are carried out through a search for legal materials; primary, secondary and tertiary to obtain some data, then field data collection was carried out in the form of observations, in-depth interviews and participatory discussions (PRA). The phenomenon of problematic mineral mining occurs in almost every region in Indonesia, including Central Sulawesi. These facts show the importance of this research to be carried out in Central Sulawesi. Mining business is carried out after obtaining a permit from the government, prior to agreement with the party who has land rights, the government has first issued a mining business permit (hereinafter abbreviated as IUP), after the IUP is issued then a settlement with the party who has land rights in order to obtain approval. Land rights are very important in this regard, so the author is of the opinion that in granting mining business permits, comprehensive and effective consultation and deliberation first need to be carried out, involving communities directly affected by mining business activities, so that land rights are guaranteed optimal
The 2018 earthquake in Palu highlighted the city's vulnerability. For this reason, disaster mitigation efforts were needed to reduce the impact of disaster. Disaster mitigation can take the form of formulating human rights-based spatial policies. The government is obliged to protect, respect, and promote human rights. The rights that must be protected in the formulation of spatial planning policies are the right to information, the right to participate, and the right to justice. This study aims to determine why disaster mitigation efforts through spatial planning policies are important for local governments to undertake and what form the responsibility of local governments in disaster mitigation efforts through human rights-based spatial planning policies in Palu City takes. This study used qualitative research methods. The data obtained comes from primary and secondary sources. Primary data includes excerpts from interviews with stakeholders and observations, as well as laws and regulations. Secondary data include scientific articles published in various accredited national journals and reports from relevant state agencies and institutions. The results of this study found that mitigation through spatial planning policies based on human rights is important to be done because, in addition to reducing the impact of disaster, it also ensures that people's rights are not violated. Through this spatial planning policy, the community can identify potential threats of disaster to their residential areas, allowing them to make informed decisions about their future quality of life in that area. Furthermore, active community participation in the implementation of this policy is encouraged to reduce the impact of future disasters. It is hoped that other regions, especially those prone to disaster, can also apply the concept of disaster mitigation through human rights-based spatial planning policies based on the results of this research.
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