Land Dispute Resolution Between PT. Medco E&P Malaka and Residents of Gampong Panton Rayeuk, Banda Alam District, East Aceh Regency

Abstract

The land dispute between PT. Medco E&P Malaka and residents of Gampong Panton Rayeuk reflects the conflict between customary rights of the community and interests in exploiting natural resources, where 3,000 hectares of land managed by the community is claimed by the company. Although PT. Medco has an exploitation permit, 90% of residents reject compensation and want a resolution through deliberation. This emphasizes the need for a fair resolution and respect for the rights of local communities, in accordance with Article 33 paragraph (3) of the 1945 Constitution which mandates the management of resources for the prosperity of the people. This study aims to explain the resolution of the land dispute between PT. Medco E&P Malaka and residents of Gampong Panton Rayeuk, and to identify the obstacles faced in the process, including the efforts of the National Land Agency (BPN) of East Aceh. This research method uses an empirical legal approach with observation and interview techniques with a number of informants and respondents, then analyzed with the stages of data collection, data reduction, data presentation and drawing conclusions. The results of the study indicate that the land dispute between PT. Medco E&P Malaka and the residents of Gampong Panton Rayeuk reflect the clash between development ambitions and traditional rights, where around 65% of the land controlled by the company is customary land recognized by custom. The community claims their customary rights based on Article 3 of Law No. 5 of 1960 and Law No. 2 of 2012, which requires land acquisition to take into account community welfare, but 90% of residents reject compensation that is considered disproportionate to the value of their land. Mediation carried out by the BPN faced obstacles due to differences in recognition of rights and residents' rejection of compensation, so a restorative approach and involvement of traditional leaders in accordance with Aceh Qanun No. 9 of 2008 was used. The results of the mediation showed a 30% reduction in conflict and an increase in compensation from IDR 50 million to IDR 75 million per hectare, emphasizing the importance of respecting local values and culture in resolving disputes. The recommendation given is for the National Land Agency (BPN) to adopt a more inclusive settlement method, involving traditional leaders and considering justice for local communities, in order to create a fair and sustainable solution.