InfoSAWIT, JAKARTA -The government has just issued Presidential Regulation Number 5 of 2025 concerning Forest Area Regulation (Perpres 5/2025). Broadly speaking, this regulation aims to resolve overlapping use of forest areas by various sectors, such as mining, plantations, and infrastructure, which are not yet fully legal in terms of forestry permits. The intention is clear: to restore state control over land and save potential state revenues that have been leaking.
However, good intentions alone are not enough. We must be careful that these regulatory measures do not violate legal principles, let alone harm the community.
This Presidential Decree contains three main instruments of regulation, namely administrative fines (penalty), repossession of forest areas by force (administrative coercion), and asset recovery. The subject is anyone who carries out activities in conservation and protected forest areas without a valid permit. The sanctions depend on the category of violation—ranging from those who simply lack a permit, to those who have no permit at all or even obtained a permit illegally.
In its implementation, a special Task Force was formed that could work across sectors, involving the prosecutor's office, academics, and community leaders. However, this is where a number of questions began to emerge.
First, the matter of forest area determination procedures. We must not forget that the status of “forest area” according to Law Number 41 of 1999 is not immediately valid just because there is a designation. There are four formal stages that must be passed, including designation, boundary determination, mapping, and confirmation. This is also emphasized by the Constitutional Court Decision No. 45/PUU-IX/2011. If one of the stages is skipped, then its legal status is questionable.
Unfortunately, there are still many areas that have only reached the designation stage, not yet officially confirmed. So, if such land is immediately confiscated or sealed by the Task Force, where is the legal basis? Isn't the act of confiscation and sealing included in the realm of criminal law, not administrative? This is not just a technical issue, but concerns the principle of legality in law enforcement.
Second, this Presidential Regulation is hierarchically below laws and government regulations. Meanwhile, two higher key regulations—PP 24/2021 concerning Administrative Sanctions in the Forestry Sector and PP 43/2021 concerning Settlement of Spatial Planning Discrepancies—do not contain confiscation or sealing clauses. This means that Presidential Regulation 5/2025 could be considered to have exceeded its authority. If enforced, the Task Force's actions are vulnerable to being sued in the State Administrative Court or even considered an unlawful act (unlawful act of government).
Third, this regulatory inconsistency has the potential to create legal uncertainty in the field. Investors become hesitant, business actors feel intimidated, and small communities—whose land is often located in areas with unclear legal status—become victims. In fact, sectors such as palm oil plantations have contributed greatly to GDP, job creation, and regional development.
This Presidential Decree does provide an important tool for the government to reorganize forest governance. But if it is not implemented carefully and in line with higher laws, the intention to bring order could actually cause new chaos.
The solution? The government must ensure that every step of the enforcement is based on areas that have been officially confirmed. In addition, the enforcement of sanctions must be clearly separated between administrative and criminal. The task force also needs to be equipped with solid technical and legal guidance so as not to take the wrong steps.
Enforcing the law cannot be half-hearted. Good intentions need to be accompanied by legal certainty and procedural justice. Otherwise, Presidential Regulation 5/2025 could be an example of how good policies fail due to neglect of solid legal foundations. (*)
Disclaimer: This article is a personal opinion, and is entirely the responsibility of the author and has nothing to do with InfoSAWIT.
