InfoSAWIT, JAKARTA - The enforcement of palm oil regulations within forest areas by the Forest Area Enforcement Task Force (Satgas PKH), established by the government through Presidential Regulation No. 5 of 2025, is currently targeting palm oil within the Tesso Nilo National Park (TNTN) in Riau Province. This enforcement effort has sparked both support and opposition among stakeholders in Riau.

The TNTN area originated from limited production forest areas in the Tesso Nilo Forest Group, which was converted into a national park in 2004, covering an area of 38,576 hectares through the Minister of Forestry's Decree No. 255 of 2004. Subsequently, its area increased by approximately 44,492 hectares through the Minister of Forestry's Decree No. 663 of 2009, bringing the total to 83,068 hectares. Currently, 85% of the TNTN forest cover has been converted into plantations and settlements inhabited by around 15,000 people.

The establishment of TNTN was driven by WWF Indonesia's Riau Program, following extensive research and policy dialogues to gain support from local governments, the Ministry of Forestry, and stakeholders. The Tesso Nilo Forest area was promoted to become a national park because it serves as a crucial habitat for the protection of the Sumatran elephant. TNTN is believed to be one of three out of fifteen elephant pockets in Riau Province (WWF and TNTN Authority, 2003).

The presence of communities in this area has existed since before the area was proposed by WWF or designated as TNTN. Traditionally, surrounding village communities have claimed that the TNTN area is part of their customary management territory (ulayat).

To support the preservation of TNTN, stakeholders established the TNTN Foundation in 2006 to assist in socialization and advocacy for the conservation of the TNTN area. This foundation became a strategic partner for the TNTN Authority at that time.

People from outside Riau have increasingly entered the area, coinciding with the rampant buying and selling of land by certain individuals. Efforts to socialize and advocate against deforestation for palm oil plantations have been extensive, yet they have failed to curb the influx of outsiders who continue to open palm oil plantations in this area.

There have long been rumors of certain political forces providing protection to these communities, and during every legislative election (Pileg), regional head election (Pilkada), and presidential election (Pilpres), this area becomes a contested space due to its potential vote bank.

Palm oil plantations have continued to proliferate uncontrollably, with the TNTN Authority and WWF unable to manage the situation due to the massive and organized nature of the expansion. Palm oil plantations within TNTN have become a vital supply chain for the palm oil industry in Riau, providing funding, heavy equipment, seeds, fertilizers, and buyers for Fresh Fruit Bunches (TBS).

It is believed that TBS from plantations within TNTN has been collected and purchased by nearby palm oil mills. Therefore, the PKH task force should also investigate and push for legal action against companies or parties involved in the supply chain of TBS from within the TNTN area.

Tenurial Issues

Before TNTN was established in 2004, there were already claims of customary rights from the Petalangan tribe and various permits for Forest Concession Rights (HPH) and Industrial Timber Plantations (HTI) within the Tesso Nilo area. According to WWF Riau's analysis in 2007, claims of customary rights within TNTN came from three Batin of the Petalangan tribe: Batin Muncak Rantau, Batin Hitam Sungai Medang, and Batin Mudo Langkan.

Meanwhile, companies holding permits include HTI PT. RAPP, HPH PT. Siak Raya Timber, HPH PT. Hutani Sola Lestari, HPH PT. Nanjak Makmur, which also borders palm oil plantations of PT. Citra Riau Sarana.

Before TNTN was established, there were already company corridor roads within the Tesso Nilo forest area, which later became access routes for illegal logging actors. According to reports from the TNTN Authority and WWF Riau in 2010, rampant deforestation began in 2001 after PT. RAPP constructed the Baserah corridor and Ukui-Gondai corridor. This was based on satellite imagery analysis by WWF Riau from 2002 to 2009, published in 2010, showing massive deforestation starting from around the RAPP corridor, Ukui-Gondai corridor, and Baserah corridor. This land clearing became the precursor to the rampant establishment of palm oil plantations that exist today.

From a tenurial perspective, the entry of parties opening palm oil plantations in this area is also reinforced by the granting of land utilization and cultivation authority from the Petalangan tribe based on their customary rights claims. There is substantial evidence in the form of letters indicating the existence of land utilization grants and authority. These grant/authority letters are suspected to be mere pretexts, with the reality being land sales.

Thus, regardless of the pros and cons of the enforcement of TNTN by the PKH task force, the tenurial issues of customary law communities and the licensing of HPH/HTI must also be viewed as contributing factors to the massive land clearing within TNTN.

Restorative Solutions

Currently, the PKH task force is conducting data collection, and the results should be classified into several typologies based on arrival/domicile or planting year. Typologies based on arrival/domicile include: (1) Already present before TNTN was designated; (2) Arrived after TNTN was designated; (3) Arrived after TNTN was confirmed.

Meanwhile, typologies can also be based on the age of the plants, including: (1) plants under 5 years or non-productive plants; (2) plants over 5 years or productive plants. Based on these typologies, solutions can be formulated based on existing policies in the forestry sector.

Policies that need to be considered for formulating these solutions include: (1) the UUCK scheme related to forestry management based on PP 23/2021; (2) the UUCK scheme related to the imposition of administrative sanctions for forestry sector PNBP based on PP 24/2021; (3) the agrarian reform scheme based on Presidential Regulation 86/2018, updated through Presidential Regulation 62/2023; (4) the land occupation resolution scheme within forest areas based on Presidential Regulation 88/2017; (5) the social forestry scheme, including customary forests regulated by Presidential Regulation 28/2023 on the acceleration of social forestry.

Alternative solutions based on current laws and policies should serve as the primary foundation for the PKH task force in regulating citizens farming within TNTN. A restorative approach should be prioritized over a repressive one, considering the extensive nature of the encroachment involving thousands of citizens.

This encroachment cannot be separated from the broader context of weak governance in general and specifically in the forestry sector, including the inadequate oversight and law enforcement by the Ministry of Forestry over the years, as well as the neglect and support for legitimacy provided directly or indirectly by local governments and political officials.

Such neglect and support for legitimacy are evidenced by the issuance of identification documents such as ID cards and family cards, as well as the development of public infrastructure like schools, electricity, health facilities, places of worship, and so forth, including the issuance of land ownership certificates (SHM) by the National Land Agency or land certificates (SKT), along with other governmental activities in the villages within TNTN.

During every political moment, such as elections and local elections, residents in this area are also recorded in the Permanent Voter List (DPT), and there are always campaign activities from candidates for legislative, regional head, and presidential elections, with polling stations established during the legislative, regional, and presidential elections.

These facts should be taken seriously by the PKH task force in seeking restorative solutions in accordance with the applicable laws and regulations, and a dialogical approach should remain a priority. (*)
Author: Ahmad Zazali, SH., MH. /Chairman of the Center for Law and Conflict Resolution (PURAKA) /Managing Partner AZ Law Office & Conflict Resolution Center.

Disclaimer: This article represents the author's personal opinion and is entirely the author's responsibility, with no connection to InfoSAWIT.