Saraswati, Raissa Zandra and Priyono, Ery Agus and Musyafah, Aisyah Ayu (2024) IMPLEMENTATION OF MONITORING OF SEED DISTRIBUTION BY THE MINISTRY OF AGRICULTURE TO PROTECT FARMER’S RIGHT IN INDONESIA (CASE STUDY OF COUNTERFEIT OIL PALM SPROUTS IN E-COMMERCE). _83 Dagang 2024. Undergraduate thesis, Fakultas Hukum Universitas Diponegoro.

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Abstract

Palm oil is crucial to Indonesia's foreign exchange earnings, as it contributes significantly to the nation's economy. The use of high-quality oil palm seeds not only maximizes yields but also ensures the production of high-quality palm oil, thereby increasing its market value. However, the widespread circulation of illegitimate oil palm seeds, primarily due to counterfeit products, remains a prevalent issue, causing losses for stakeholders in the oil palm industry, particularly for oil palm farmers. This research employs a juridical-empirical approach, gathering data from respondents including the Ministry of Agriculture of Indonesia, seed producers, seed breeders, and oil palm farmers. The research findings reveal that the Ministry of Agriculture's supervision, guided by Ministry of Agriculture Decree No. 26 of 2021, follows a structured process in the oil palm seed circulation from production to the consumer.
Despite enforcement efforts by the government, challenges persist, with counterfeiters evading existing laws. Moreover, findings indicate that seed counterfeiters may face administrative and criminal sanctions under existing regulations. Recommendations include implementing stronger enforcement actions, such as publicly destroying illegal seeds, and establishing an efficient reporting system to combat counterfeit seed circulation effectively.
Keywords: Intellectual Property, Plant Variety Protection, Oil Palm, Seeds, Farmer’s Rights

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