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Government Regulation in Lieu of Law Number 2 / 2022: Reinforce Fine for Non-Permit Plantations in Forest Regions



Government Regulation in Lieu of Law Number 2 / 2022: Reinforce Fine for Non-Permit Plantations in Forest Regions

InfoSAWIT, JAKARTA – The publication of Government Regulation in Liew of Law Number 2 / 2022 about Cipta Kerja could end the polemic about unconstitutional Undang-Undang Cipta Kerja (UUCK) with some condition, reinforce and legitimate the solution for non-permit palm oil plantations in forest regions that Ministry of Environment and Forestry (MEF) implements.

That is why there is no reason for MEF to cover the solution non-permit palm oil plantations in forest regions knowing that they laid about 3,3 million hectares. The widest ones are in Riau Province about 1,4 million hectares. It means, MEF should be transparent and could not use it for certain groups’ political interests.

Transparency should be the solution not only for non-permit palm oil plantations belonging to corporates that cultivate more than 5 hectares, but also for the non- permit palm oil plantations belonging to individuals, smallholders’ groups, and cooperation (within less than 5 hectares).

MEF should reveal everything to the public about who the legal subjects (1.631) are that cultivate non-permit palm oil plantations in Indonesia by conducting 9 phase – system in the Decision of Minister of Environment and Forestry.

The open information should relate to the phases of fine to every legal subject, the numbers of fine to them and MEF should immediately do it so that the public can supervise.

The assumption that MEF silently worked alone would be vulnerable to get agreement which leads to negotiation, collusion, and corruption because it is assumed, there were lobbies to minimize the fine that certain parts might facilitate by getting rewards.

Corruption Eradication Commission should urge MEF to openly reveal the case to the public by revealing every legal subject and phase of fine, numbers of fine to them. (*)

By: Ahmad Zazali, SH., MH., Director of AZ Law & Conflict Resolution


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