InfoSAWIT, JAKARTA - Until now the overlapping regulations, ministries, and institutions to manage palm oil plantation is the work for the government because the commodity is pillar of exchange when other sectors get weaker in the pandemic.
The government tried to simplify many regulations. Unfortunately it does not solve many field issues. Years ago, the government published palm oil moratorium in President’s Instruction No. 8 / 2018 to analyze the overlapping regulations which postponed the investment but until now the government has no output from the moratorium itself. The moratorium has no clear goals.
One expert in environment law of Universitas Prasetiya Mulya, Rio Christiawan said that many licenses and overlapping regulations derived from many sides that involved in the license, monitoring, and management of palm oil plantations. This is also the impact of regional autonomy, such as, new planting license should officially be published by the regional regulation.
The publication of Omnibus Law (UU Cipta Kerja) is hoped to be the source of palm oil industrial management, monitoring, solution to the impasse and complicated overlapping industrial license for all these years. “Until now there are few licenses to get through online single submission,” Rio said.
He also mentioned that Omnibus Law is the legal product that revises some regulations and also the regulation itself. It means that Omnibus Law would be higher than the simplified regulations in hierarchy.
Omnibus Law is not only about to simplify or analyze the regulations by making law but it also has management of authority because the sources of authority make conflicts of regulations. These actually postpone the investment and development.
What is regulated in Omnibus Law in land cluster? According to Rio, land cluster has some points, such as, the first, land procurement to be developed for the public interests; the second, Ministry of Agrarian Affairs/National Land Agency (MAA/NLA) Indonesian Republic would do the land procurement in the forest regions within the mechanism, land release of the forest region, land cash in the village, charity land, and the land asset of the regional government.
The third, land procurement for special economic zone, tourism areas, industrial zone, and oil and gas downstream industries which are not put into the public interests yet. The fourth, land mastery of the country which made conflicts between land procurement and legal officers for all these years. (T2)
This article once published in InfoSAWIT, November 2020
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