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Have been a long time the issues about tenurial (land) happened in Indonesia. The uncertainty of forest area is one of the obstacles to the effectiveness of forest management in Indonesia, so that triggering a conflict of tenurial (land) with various stakeholders. Besides, the forest area is also a living area for around 50 million people, with more than 33 thousand villages contiguous with the forest area.
To provide the legal certainty over forest areas, then required announcement process of forest area, which to do are the appointment, boundary setting, mapping and determination of forest areas.
Governance through the Ministry of Forestry has arranged this process in Government Regulation number 44/2004 about Forest Planning, Minister of Forestry Regulation Number P.47/2010 about Boundary Organizing Committee, and Minister of Forestry Regulation P.50/Menhut-II/2011 about the Inauguration of Forest Areas. However, these three regulations are considered to still has weaknesses, so that less powerful to ease the process inauguration of forest area.
Based on this issue, then appear many rules and regulations in agricultural sector, both inside and outside the forest area. For permit outside the region, it is possible to obtain a land certificate (individual mastery) while the land is in a small area is less likely to get permits because of the assumption that the forest land is controlled by the government.
Sadly, the permit issued in forest areas is often not referred to as a permit to utilize the land, but permission to utilize forest’s resources on it. For the example in fact is a permit to utilize the plants where the permit holders can plant the forest areas until
The uncertainty of area has created new problems of tenurial forestry conflicts with oil palm plantation companies.
Based on the topology of the Social Forestry and Environmental Partnership Center (BPSKL) Kalimantan, there were recorded 201 tenurial conflicts that occurred between the community and permit holders.
Even the governance estimates that there are around 1 million hectares of oil palm plantations that are in forest areas, so that often overlap with land that managed by “adat” community.
Although, talking about forest facts, the diversion of forests to oil palm plantations causes disadvantage to the state, including:
- The damage to biological ecosystems
- Land clearing by burn it
- Nutrient damage and water in the soil
- The emergence of very malignant new migrant pests
- The occurrence of horizontal and vertical conflicts in the community
- Disasters of floods and droughts
At the level of state and private companies, production is very low, not up to 36 tons. Usually only 19-24 tons per hectare per year. While indigenous farmers can produce between 12-14 tons of hectares per year from existing oil palm land (Source: https://www.mongabay.co.id/2016/08/22/menanti-moratorium-sawit-berikut-alasan-mengapa-kebijakan-ini-urgen/)
Based on this issue, new regulations are needed to improve the governance of sustainable oil palm plantations. And to guard and protect environmental sustainability including reducing greenhouse gas emissions.
And after more than two years of processing, finally President Joko Widodo signed the Presidential Instruction (Inpres) related to the moratorium on land expansion and evaluation of oil palm plantations.
For the sake of mutual interest, the moratorium was prepared to give time to evaluate and re-arrange oil palm plantation permits, as well as increase productivity.
This regulation is contained in the Presidential Instruction Number 8/2018 about Delays and Evaluation of Permits and Increased Productivity of Oil Palm Plantations signed by Jokowi on September 19, 2018. In this regulation, the governance affirmed this temporary suspension for three years.
By this Presidential Instruction, governance will give a law certainty and increasing the development of oil palm farmers so that productivity can increase.
This regulation will also reach on efforts to resolve social conflicts in the field, because previously conflicts and land claims were handled by community groups or corporations. This must be changed, so that all decision making is in the hands of the governance.
With this Presidential Instruction, it is hoped that it will help regulate land and opening space does not continue to push into the forest area for existing development. At the same time, it can help related ministries to arrange the permit.
Support this regulation so that it can run well, and there is no overlapping of land that occurs in our forest area!