TO SOLVE AND PROTECT THE LEGAL RIGHTS FOR THE PEOPLE THAT MASTER THE AREA IN THE FOREST REGION, THE GOVERNMENT HAS PUBLISHED THE POLICY TO SOLVE THE CASE.
General Directorate of Plantation, Ministry of Agriculture noted, the people’s palm oil areas lay about 4,5 million hectares. 1,7 million hectares might be in the (forest) region. Of course this influences the implementation of cultivation in Indonesia style, or famously known as Indonesian Sustainable Palm Oil (ISPO).
To release the twist of conflict of land mastery in the forest region, the government published President’s Regulation No. 88 / 2017 about the Solution on Land Mastery in Forest Region in the early of September 2016. The policy is not to have solution in palm oil area ownership cultivated in forest region, but it is also for other kinds of commodity.
Based on the regulation, the forest region is the area that has been pointed as the forest region that covers its main function to conserve, protect, and produce.
The solution pattern in the land that has been mastered and advantaged, and/or has its rights before the land is pointed as the forest region, based on the regulation, should be done by letting the land out of the forest region through the change of forest region border.
Meanwhile the solution in the land that has been mastered, advantaged after the land is pointed as the forest region, based on Chapter 8 paragraph 1, noted, it could be done by four steps. The first, let the land out of the forest region through the changes of forest border; the second, exchange the land in the forest region; the third, give access to cultivate the forest through the social forestry program; and the fourth, make resettlement.
In the solution pattern, based on paragraph 2, it would consider the width of forest region and should maintain 30% (thirty percent) minimally from the width of river, island, and/or province; and the main function of forest region.
The solution in the land that has been mastered and advantaged after the land is pointed as forest region within conservation function, based on Chapter 9, is to make resettlement or the movement of the people from the forest region out of the forest region.
The note is that the solution in the land that has been mastered and advantaged after the land is pointed as the forest region within protected function in the province within the same width of the forest region with or less than 30 (thirty) percent of the width of water, island, and/or province and the land is used to settle, public facility, and/or social facility and fulfill the criteria as the protected forest should be done by resettlement.
If the land does not fit the criteria as the protected forest, it should be exchanged based on the regulation. The land itself could be used to cultivate by giving acc . . .