Legal Expert: Palm Cooking Oil Export Facility

Legal Expert: Palm Cooking Oil Export Facility

InfoSAWIT, JAKARTA – The suspect decision in palm cooking oil export case in 2021 – 2022 raised absurdness by arresting palm cooking oil producers (the top managements from Wilmar, Permata Hijau Group and Musim Mas). The absurdness is in the chapter construction to the producers. If in the beginning, the producers proposed palm cooking oil export facility permit, it means, ministry of trade should verify the proposal permit.

Verification and the check of palm cooking oil facility permit are in ministry of trade. In this case, palm cooking oil producers as the proposers never have capacity to influence the export permit publication.

Palm cooking oil producers’ capacity is only to propose export facility permit. It means, in this case, if ministry of trade published export facility permit, it means, every condition has been fulfilled – according to the legal logics. The publication of permit can be meant, everything is legal in this case. It is absurd knowing that palm cooking oil producers got legal but do the illegal based on the published permit but then told that they did crime.

As long as there no evidence of crime that involved palm cooking oil producers, they are not the suspect. If there is fraud to export facility permit publication, including the polemic about domestic market obligation (DMO), the producers cannot be categorized to conduct crime. It could happen that the government as the permit publisher did mistake when publishing export facility permit. It cannot be assumed that palm cooking oil producers are the suspects of the Attorney and do crime if any fraud happened on export facility permit publication.

The communication both oral and written between the proposer and permit publisher is general thing in every instance as long as the communication is not proved to have crime intension. But it does not mean every communication can be taken as a will to do crime, namely in this case, the communication related to DMO quote and cannot be taken as the will to do crime. It means, the decision to suspect from palm cooking oil producer is premature still. (*)

By: Dr. Rio Christiawan, S.H., M.Hum., M.Kn – Associate Professor in Permit and Trade Law