Legal Analysis of Legal Certainty of Oil Palm Plantation Development in Forest Areas in Pelalawan Regency
Keywords:
legal certainty, customary land, indigenous peoples, oil palm plantations, forest areasAbstract
Legal certainty The status of community land must be confirmed to provide legal certainty for community land, the inclusion of indigenous community land in the company's business license results in losses for the community. Community constraints in the development of oil palm plantations on forest land in terms of supervising every business license or policy that will be issued, as well as the role of the government in responding to the large number of community lands in the Company's business licenses and administration, the need for synergy between the Central and Regional Governments so that the rules issued do not overlap and the need for the government to review directly to the object of the dispute.Every problem always causes losses to the community, but there are no legal efforts that can be made against these problems, if the Central, Regional and Company Governments and the community work together to resolve the subject matter in order to create legal certainty over the land. This research can be classified in the type of normative law research, because in this research the author directly conducts research at the location or place under study in order to provide a complete and clear picture of the problem under study. Palm Oil Plantation Development in Forest Areas is the existence of 92,701 hectares of Forest Areas out of 5,499,693 total forest areas in Riau Province. For generations, Indigenous Peoples have controlled customary land in Siak, Kampar and Pelalawan Regencies. and even before the existence of the Forestry Law enacted in Indonesia, obstacles in the implementation of the sustainability of oil palm plantations that are included in the forest area have caused a mismatch between the plantation location permit and the forest area, which complicates the sustainability of oil palm plantations.
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From the results of the research and discussion, the author draws several conclusions regarding the development of palm oil plantations in forest areas in Riau Province. First, it is noted that 92,701 hectares of forest areas have been converted to non-forest areas out of the total 5,499,693 hectares in the province. This reduction is attributed to several factors: 65,125 hectares were re-designated as non-forest areas in accordance with the Minister of Environment and Forestry Decree No. 314/MenLHK/SetJEN/PLA.2/4/2016, amended by Decree No. 393/MenLHK/SETJEN/PLA.2/2016; 25,731 hectares were released by the Minister of Forestry under Decree No. 878/2014; and 13,735 hectares were affected by administrative boundary disputes between Riau and Jambi Provinces. Additionally, 3,761 hectares were impacted by administrative boundaries with West Sumatra, while 15,665 hectares were added based on adjustments to the 2016 Indonesian Rupabumi Map. The indigenous peoples of Siak, Kampar, and Pelalawan Districts have historically controlled customary land, which they have used as community forests long before the Forestry Law or industrial plantation rights were established.
Secondly, most palm oil plantations in Riau operate without proper permits, including Plantation Business Permits (IUP), cultivation business permits, and forest area release permits. This results in forest areas being used for palm oil plantations, often conflicting with the rights of indigenous communities or conservation areas, leading to potential disputes. Such conflicts between palm oil companies and local communities or environmental organizations can hinder efforts towards sustainable palm oil plantation management, causing delays in licensing processes and disrupting relationships between stakeholders. This issue poses a significant constraint, violating regulations and threatening the sustainability of the palm oil industry.
Third, forest areas that should be protected have been controlled by oil palm plantation companies. Of the total 4.2 million hectares of oil palm plantations in Riau, approximately 1.8 million hectares are unlicensed and located within forest areas. This unchecked expansion contributes to further environmental degradation and reduces the ecological value of the protected areas.
Fourth, the demand for land to expand oil palm plantations in Riau continues to rise, resulting in the conversion of forest areas into plantations at an alarming rate. While this expansion is driven by the pursuit of economic benefits, it threatens environmental sustainability. Local governments play a crucial role in granting location permits in alignment with Regional Spatial Planning, ensuring the sustainable growth of oil palm plantations. Effective coordination between local governments, plantation companies, and local communities is essential to overcoming obstacles. A comprehensive approach involving strict law enforcement, enhanced monitoring of plantation licenses, and proactive conflict prevention measures is needed to secure the sustainability of oil palm plantations in the province.
Lastly, resolving conflicts related to palm oil plantations in forest areas requires a holistic approach. Preventive measures are more critical than reactive ones. Identifying and addressing potential conflicts comprehensively is essential for ensuring the sustainability of the palm oil industry. Policies grounded in agrarian law, which aims to provide welfare for all people as mandated by Article 33 of the 1945 Constitution, should guide decision-making. Furthermore, balancing the interests of forestry for ecosystem preservation with the community's needs for livelihood is crucial. Every HPHI Company’s license must be reviewed to prevent harmful impacts on local communities, as the granting of these licenses often results in significant disadvantages for them.
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