YOGYAKARTA – The Indonesian Palm Oil Association’s (GAPKI) Advisory Board Member Joko Supriyono has stated that the government’s policy has been increasingly uncertain for business players in dealing with the problems of plantation areas suspected to be located in forest areas.
“In solving their plantation problems, the business players have to deal with too many sides, complicated process and legal uncertainty. The problem of forest areas has been protracting since 2008, and it is still unclear until now,” Joko said during a public discussion on “Reviewing Policy Implementation In the Ecosystem of Oil Palm Plantation Business” on Tuesday, 24 October 2023.
According to him, the issue of plantation areas should be actually made clear with the issuance of the omnibus law on job creation (UUCK). The new law stipulates an administrative solution and no criminal charges. But unclear category of its article 110 A and 110B caused by spatial planning change, all companies can be categorized into the article 110B. ”Such condition will certainly incur high costs for companies, and it could even potentially cause the plantations to close,” he said.
“If solved through the administrative mechanism, there is a process of compensation. That’s good. But its implementing regulation PP 24 is not clear in stipulating the requirement of spatial planning and the location of spatial planning,” he said.
He said that the palm oil task force (Satgas Sawit) should coordinate the process of solving the plantation area problem as it involves many institutions, which include the Supreme Audit Agency (BPK), Finance and Development Supervisory Agency (BPKP), Agrarian and Spatial Planning Ministry/National Land Agency (ATR-BPN), Attorney General, and National Police (Polri),” said Joko.
Actually, said Joko, business players hope the Satgas Sawit will act as a referee in solving the plantation problems as a result of legal uncertainties, overlapping cases, and too many interferences from many institutions.
Another problem that troubles business players is concerned with the legal status of cultivation rights (HGU) given to plantation growers. “Plantation growers who have got their HGU are still required to get the permit of forest area release. They have to do it despite the fact that the legal status of HGU is higher if compared to the status of appointment for the land areas as a prerequisite before the HGU,” he said.
“I know the ATR-BPN has been so loud in voicing that the HGU is legal, final, and correct. But that’s it, stop there. It cannot be a basis for taking decision in the Satgas. That’s why, the Satgas should be able to act as a referee if there is any dispute in interpreting the spatial planning stipulation, whether categorized into 110A or 110 B,” Joko asserted. (*)
Source: sawitindonesia.com
