PALMOILMAGAZINE, JAKARTA – The government’s Forest Area Enforcement Task Force (Satgas PKH), established through Presidential Regulation No. 5 of 2025 (Perpres 5/2025), is currently focusing on addressing illegal oil palm plantations within the Tesso Nilo National Park (TNTN) in Riau Province. This enforcement effort has sparked both support and criticism among stakeholders in the region.
Originally designated as a limited production forest, the Tesso Nilo forest group was transformed into a national park in 2004 with an initial area of 38,576 hectares, as stipulated in a decree from the Ministry of Forestry (No. 255/2004). The park was later expanded to 83,068 hectares in 2009 (Decree No. 663/2009). Currently, about 85% of TNTN’s forest cover has been converted into oil palm plantations and settlements inhabited by approximately 15,000 people.
The establishment of TNTN was championed by WWF Indonesia’s Riau Program after extensive research, policy dialogue, and stakeholder engagement to gain support from local governments and the Ministry of Forestry. The area was designated as a national park primarily due to its importance as a habitat for the critically endangered Sumatran elephant, with three of Riau’s 15 elephant populations located within TNTN (WWF and TNTN Authority, 2003).
Also Read: PURAKA Urges Law Enforcement on Illegal Palm Oil Supply Chain in TNTN
Communities have long been present in the area—even before TNTN’s official designation—claiming customary (ulayat) land rights over parts of the forest. In 2006, stakeholders formed the Tesso Nilo Foundation to support advocacy and conservation outreach, working in partnership with the park authority at the time.
However, migration from outside Riau increased as land sales—often involving unscrupulous actors—became rampant. Despite awareness campaigns and advocacy efforts, the influx of settlers and the expansion of oil palm plantations have continued unabated.
Political protection is widely suspected to have played a role, with the area becoming a vote-rich battleground during local and national elections. TNTN’s oil palm plantations have developed into an integrated supply chain, supporting the palm oil industry in Riau—from financial backers and equipment providers to seed, fertilizer suppliers, and fresh fruit bunch (FFB) buyers.
FFB harvested in TNTN is believed to be purchased by nearby palm oil mills, underscoring the need for Satgas PKH to investigate and initiate legal action against companies and individuals involved in this supply chain.
Tenurial Conflict
Prior to TNTN’s 2004 designation, the area was subject to various land claims and permits, including customary land rights by the Petalangan tribe and concessions for industrial timber plantations (HTI) and logging (HPH). A 2007 WWF Riau analysis identified three tribal leaders (batin) with ulayat claims: Batin Muncak Rantau, Batin Hitam Sungai Medang, and Batin Mudo Langkan.
Companies operating in the area include HTI permit-holder PT RAPP and logging companies PT Siak Raya Timber, PT Hutani Sola Lestari, and PT Nanjak Makmur, as well as oil palm company PT Citra Riau Sarana.
Roads initially built for forestry operations became access routes for illegal logging and land clearing. According to a 2010 report by TNTN Authority and WWF Riau, widespread deforestation began in 2001 following the construction of the Baserah and Ukui-Gondai corridor roads by PT RAPP. Satellite imagery between 2002–2009 confirmed that large-scale deforestation originated from these areas.
Furthermore, many oil palm plots were legitimized through land-use rights or land grants issued by tribal leaders based on ulayat claims. Numerous documents—allegedly just a pretext for actual land sales—show evidence of these transactions.
Therefore, the enforcement efforts must also consider the deeper tenurial and permitting issues that have contributed to extensive land clearing in TNTN.
A Call for Restorative Solutions
Currently, Satgas PKH is conducting field surveys. The data gathered should be categorized based on two main typologies: settler origin and plantation age. Based on settler origin, classifications include:
- Residents before TNTN was designated
- Those who arrived after designation
- Those who arrived after TNTN’s official gazettement
Based on plantation age, the categories include:
- Trees under five years old (immature)
- Trees over five years old (productive)
These typologies can guide solutions aligned with existing forestry policies, such as:
- Forestry administration under Government Regulation (PP) No. 23/2021 (Job Creation Law)
- Administrative sanctions and forest revenue obligations under PP No. 24/2021
- Agrarian reform under Presidential Regulation No. 86/2018 and No. 62/2023
- Land tenure resolution in forest areas under Presidential Regulation No. 88/2017
- Social forestry and customary forests under Presidential Regulation No. 28/2023
Any enforcement action by Satgas PKH should prioritize these legal and policy frameworks. A restorative rather than repressive approach is essential, considering the scale of encroachment and the thousands of people involved.
The widespread occupation cannot be separated from decades of weak forest governance, limited law enforcement, and tacit or explicit political support from local authorities.
This is evidenced by the issuance of civil documents (ID cards, family cards), public infrastructure (schools, electricity, clinics, worship facilities), land certificates (SHM), and letters of land ownership (SKT) in TNTN settlements. Moreover, residents participate in elections with local polling stations established during every legislative and presidential election cycle.
These facts must be seriously considered by Satgas PKH in crafting restorative, dialog-driven solutions that comply with the law and respect the complex social and legal dynamics on the ground.
Author: Ahmad Zazali, SH., MH.
Chairman, Center for Legal and Conflict Resolution (PURAKA)
Managing Partner, AZ Law Office & Conflict Resolution Center
Disclaimer: The opinions expressed are those of the author and are his sole responsibility.
