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<\/p>\nYOGYAKARTA \u2013 The Indonesian Palm Oil Association\u2019s (GAPKI) Advisory Board Member Joko Supriyono has stated that the government\u2019s policy has been increasingly uncertain for business players in dealing with the problems of plantation areas suspected to be located in forest areas.<\/p>\n
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\u201cIn 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,\u201d Joko said during a public discussion on \u201cReviewing Policy Implementation In the Ecosystem of Oil Palm Plantation Business\u201d on Tuesday, 24 October 2023.<\/p>\n
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. \u201dSuch condition will certainly incur high costs for companies, and it could even potentially cause the plantations to close,\u201d he said.<\/p>\n
\u201cIf solved through the administrative mechanism, there is a process of compensation. That\u2019s good. But its implementing regulation PP 24 is not clear in stipulating the requirement of spatial planning and the location of spatial planning,\u201d he said.<\/p>\n
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),\u201d said Joko.<\/p>\n
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.<\/p>\n
Another problem that troubles business players is concerned with the legal status of cultivation rights (HGU) given to plantation growers. \u201cPlantation 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,\u201d he said.<\/p>\n
\u201cI know the ATR-BPN has been so loud in voicing that the HGU is legal, final, and correct. But that\u2019s it, stop there. It cannot be a basis for taking decision in the Satgas. That\u2019s 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,\u201d Joko asserted. (*)<\/p>\n