Analysis Utilization of Forest Area for Palm Oil Plantation for Companies That Do Not Have a Decision Letter for Disclosure of Forest Areas Viewed From Law Regulation (Case Study: PT Kharisma Riau Sentosa)

Abstract

Indonesia is a state law (Rechstaat), that's why the idea of law must be made commander in chief in the spirit of statehood. The government as a state operator has an important role in the utilization of forest areas for oil palm plantation companies, namely by conducting supervision and control of licensing as a preventive measure to avoid the occurrence of forestry crime and as a preventive effort so as not to cause adverse impacts on the environment. This is reflected in the legislation that gives the Government the authority to be responsible for overseeing and controlling the natural resources of the forestry sector based on statutory provisions. Licensing is carried out in the framework of administrative order, but the fact is the results of research on violations of licensing for the use of forest areas for oil palm plantations do not indicate that the Government, Regional Government and other relevant agencies carry out harmonious coordination in the implementation of supervision and control in accordance with statutory provisions, matters This clearly has violated the conceptual framework of the rule of law which requires the government to act in accordance with statutory provisions.