Kalimantan Smallholders File Supreme Court Review to Block PP 45/2025 Penalties and Land Recovery Measures

Palm Oil Magazine, Smallholders
The petition challenges fines of up to IDR 45 million per hectare and enforcement actions that farmers say could trigger widespread land dispossession. Photo by: SPKS/Palmoilmagazine. Photo by: SPKS/Palm Oil Magazine

PALMOILMAGAZINE, JAKARTA — Thousands of smallholder palm oil farmers from four districts in West Kalimantan and East Kalimantan have officially filed a Judicial Review against Government Regulation (PP) No. 45/2025 with the Supreme Court on Friday (28/11). The petition reflects strong resistance to what farmers describe as punitive provisions, including administrative fines of up to IDR 45 million per hectare and the threat of land seizure for transfer to a state-owned enterprise through the Forest Area Enforcement Task Force (Satuan Tugas Penertiban Kawasan Hutan/Satgas PKH).

“PP 45/2025 governs forest-area enforcement and forms the legal basis for Satgas PKH,” said Edi Sabirin, a farmer representative from Kapuas Hulu, in a written statement received by Palmoilmagazine.com, Friday (11/28).

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The regulation has triggered widespread backlash among smallholder farmers across Indonesia, who argue that it ignores the realities faced by rural communities and risks intensifying agrarian conflict. Field reports have already documented early signs of forced evictions.

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Edi explained that even smallholdings with legal land titles (SHM) were suddenly declared part of forest areas and marked with Satgas PKH seizure signs—covering 1,600 hectares belonging to 600 farmers.
“Our community in Silat Hilir is deeply shaken. We hope the government treats this issue with urgency,” he said, noting that more than 600 families face losing their livelihoods.

A similar account came from Rafi, a farmer from Jone Village, Paser District. He said that palm groves planted as early as 1995—and inherited through generations—are now being sealed off without explanation from authorities. Rafi added that the forest-status designation is also obstructing infrastructure development and legal land certification.

Responding to the escalating tensions, Sabarudin, Chairman of the Palm Oil Farmers Union (SPKS), who is assisting the legal challenge, stated that PP 45/2025 and Satgas PKH operations have created fear and the potential for mass impoverishment.
“A fine of IDR 45 million per hectare is completely disproportionate and would bankrupt smallholders who typically manage only 1–5 hectares,” he said, urging the Supreme Court to side with the people.

“We hope the Supreme Court and President Prabowo understand that communities in Sumatra, Kalimantan, and Sulawesi are anxious because of Satgas PKH’s warning signs,” he added.

Also Read: Indonesia to Convert Seized Palm Oil Land for Soybean Expansion

Gunawan, the farmers’ legal counsel, stressed that the government should not rely solely on Satgas PKH but must also activate the Resolution of Land Tenure in Forest Areas (Penyelesaian Penguasaan Tanah dalam Kawasan Hutan/PPTKH) mechanism under the Agrarian Reform Task Force (Gugus Tugas Reforma Agraria/GTRA), which provides a more comprehensive and pro-people approach.

“Forest-area issues should not be handled by enforcement alone. PPTKH exists, and if implemented, it could reduce conflict and allow smallholders to continue farming without obstacles,” he said.

He noted that despite Satgas PKH’s public assurances that smallholders are not subject to fines or land seizure under PP 45/2025, the reality on the ground shows otherwise.
“In fact, our farmers are already facing threats of land takeover, with seizure signs placed by Satgas PKH or individuals claiming authority,” Gunawan said.

Through this judicial review, SPKS and the farmers are urging the Supreme Court to annul PP 45/2025, scrap the fines, and stop land confiscation for corporate interests.
“This is essential so farmers can continue managing their land peacefully and sustainably,” Sabarudin concluded. (P3)

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