PALMOILMAGAZINE, JAKARTA – The Perkumpulan Forum Petani Kelapa Sawit Jaya Indonesia (POPSI) has asserted that resolving smallholder oil palm plantations located within designated forest areas must be pursued through forest area restructuring mechanisms—not enforcement actions, confiscation, or criminal sanctions.
The stance refers to Government Regulation (PP) No. 23/2021 on Forestry Administration, which provides a legal pathway for settlement through forest area arrangement schemes. Constitutionally, the foundation is reinforced by Constitutional Court Decision No. 181/PUU-22/2024, which affirms legal protection for communities that have lived and managed land for generations within forest zones.
POPSI Chairman Mansuetus Darto stated that a law-enforcement-driven approach toward smallholders contradicts both constitutional principles and the broader direction of national forestry reform.
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“The Constitutional Court ruling clearly affirms legal protection for communities living for generations inside forest areas. The state cannot immediately apply criminal penalties or fines without considering the legal subject and the nature of the activity,” Darto said in a written statement on Wednesday (February 25, 2026).
Hundreds of Farmers Affected by Signage Actions
According to data compiled by POPSI members and the Serikat Petani Kelapa Sawit (SPKS), hundreds of independent smallholders have recently been affected by land “signage” actions conducted by the Forest Area Task Force (Satgas PKH). Most control relatively small plots inherited across generations.
In Nanga Nuar Village, Silat Hilir District, Kapuas Hulu Regency, West Kalimantan, more than 230 farmers manage plots averaging 0.5–5 hectares. They have controlled the land since around 1940 within an area designated as Limited Production Forest (HPT), which has now been marked by the task force.
A similar situation has occurred in Jone Village, Tanah Grogot District, Paser Regency, East Kalimantan. At least 80 smallholders cultivating 1–5 hectares inside the Teluk Adang Nature Reserve have faced signage actions. Many have managed the land for 60–93 years without formal regional settlement mechanisms.
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Implications of the Constitutional Court Ruling
SPKS Head of Advocacy Marselinus Andry emphasized that Constitutional Court Decision No. 181/PUU-22/2024 carries significant implications for the application of provisions under the Job Creation Law in the forestry sector.
He explained that prohibitions and sanctions—whether criminal or financial—do not apply to certain legal subjects under two cumulative conditions:
- The actor is a community member living for generations within a forest area; and
- The activity is not conducted for large-scale commercial or corporate purposes.
Thus, penalties imposed on smallholders cultivating land for family livelihoods cannot be equated with violations committed by corporations or large-scale business actors.
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Zoning Reform vs. Enforcement
POPSI and SPKS stress a fundamental distinction between enforcement (penertiban) and zoning reform (penataan).
Enforcement focuses on punitive measures, confiscation, and repression. Zoning reform, by contrast, prioritizes land inventory, verification of tenure, boundary correction, and legal certainty through mechanisms provided under PP 23/2021.
The regulation allows phased and measurable administrative resolution, including recognition of land control and provision of legal access for communities.
The groups warn that unilateral enforcement without comprehensive zoning reform risks escalating social conflict between farmers, authorities, and operational cooperation partners (KSO) in the field, while also creating legal uncertainty at the village level.
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POPSI’s Official Position
In response to current developments, POPSI outlined five formal positions:
- Urging a temporary halt to confiscation and signage actions against small-scale smallholder plantations.
- Calling for accelerated forest area restructuring under PP 23/2021 as the primary resolution pathway.
- Demanding full implementation of Constitutional Court Decision 181/PUU-22/2024 as a legal safeguard for generational forest communities.
- Ensuring that prohibitions and sanctions under the Job Creation Law are not applied to communities meeting the two cumulative criteria defined by the Court.
- Opening a national dialogue platform to prevent escalation of social conflict in affected regions.
“Smallholder palm farmers are citizens protected by the Constitution. Zoning reform is the path toward justice and legal certainty. Enforcement without differentiating legal subjects will only create new conflicts and injustice,” Darto concluded. (P2)
