印度尼西亚政府对油棕种植园的监管：法律问题和建议的补救措施

IF 0.4 Q3 LAW

Law and Development Review Pub Date : 2024-03-01 DOI:10.1515/ldr-2024-0014

Mohamad Nasir, Laurens Bakker, Toon van Meijl

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引用次数: 0

摘要

棕榈油是印尼的主要出口产品，但政府对种植园公司在当地活动的监管经常失灵，导致环境破坏以及公司与社区之间的冲突。通过采用社会法律方法，本研究发现，油棕种植园发展的法律框架不准确、不清晰、不完整，因此导致政府对油棕种植园运营的监管不力。我们发现，造成油棕种植园监管法律不完善的主要原因有三个：实施细则制定滞后、对违规行为缺乏制裁措施、用词不准确、术语和语言复杂。针对这种不完整性，本研究建议起草更详细的规则，尽量减少对下级条例的授权，使用更精确的术语和概念，并考虑对不履行义务的官员进行制裁。此外，自由裁量权也是克服油棕种植园运营监管中现有法律不完备性的一种替代方法。

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Government Supervision of Oil Palm Plantations in Indonesia: Legal Issues and Proposed Remedies

Palm oil is a major Indonesian export product, but governmental supervision of plantation corporationsʼ activities on the ground frequently fails, which leads to environmental damage as well as conflict between companies and communities. By employing a socio-legal approach, this study found that the legal framework of the development of oil palm plantations is imprecise, unclear and incomplete and, as a consequence, causes the governmentʼs weakness in supervising oil palm plantation operations. We discovered three main causes of this incompleteness of law in supervising oil palm plantations: the delay in establishing the implementing regulations, the absence of sanctions in case of non-compliance, and the use of imprecise words, and complex terms and language. In addressing such incompleteness, this study suggests drafting more detailed rules to minimize delegation to lower regulations, using more precise terms and concepts, and considering sanctions for officials who do not carry out their obligations. Furthermore, discretion can be an alternative to overcome the existing legal incompleteness in supervising oil palm plantation operations.

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来源期刊

Law and Development Review LAW-

CiteScore

0.90

自引率

0.00%

发文量

期刊介绍： Law and Development Review (LDR) is a top peer-reviewed journal in the field of law and development which explores the impact of law, legal frameworks, and institutions (LFIs) on development. LDR is distinguished from other law and economics journals in that its primary focus is the development aspects of international and domestic legal orders. The journal promotes global exchanges of views on law and development issues. LDR facilitates future global negotiations concerning the economic development of developing countries and sets out future directions for law and development studies. Many of the top scholars and practitioners in the field, including Professors David Trubek, Bhupinder Chimni, Michael Trebilcock, and Mitsuo Matsushita, have edited LDR issues and published articles in LDR. The journal seeks top-quality articles on law and development issues broadly, from the developing world as well as from the developed world. The changing economic conditions in recent decades render the law and development approach applicable to economic issues in developed countries as well as developing ones, and LDR accepts manuscripts on law and economic development issues concerning both categories of countries. LDR’s editorial board includes top scholars and professionals with diverse regional and academic backgrounds.