{"title":"林区土地保有权冲突：印度尼西亚小规模油棕榈种植园复兴的障碍","authors":"Riyadi Mustofa, Almasdi Syahza, Gulat Mendali Emas Manurung, Besri Nasrul, Rino Afrino, Eko Jaya Siallagan","doi":"10.1108/ijlma-09-2023-0216","DOIUrl":null,"url":null,"abstract":"<h3>Purpose</h3>\n<p>This study aims to investigate the problems small-scale oil palm plantations in Indonesia’s forest areas face and the government policies addressing them.</p><!--/ Abstract__block -->\n<h3>Design/methodology/approach</h3>\n<p>Survey and data collection were used to determine the socioeconomic, environmental, legal and governance problems related to the development of smallholder plantations. Information was obtained from the respondents via a rapid rural appraisal approach.</p><!--/ Abstract__block -->\n<h3>Findings</h3>\n<p>The potential land for potential participants in the community oil palm rejuvenation programme is a forest area of 1,628,749.60 ha. Owing to its legal dimensions and unsustainable land management, the rejuvenation regulatory programme has not reached independent farmers.</p><!--/ Abstract__block -->\n<h3>Research limitations/implications</h3>\n<p>The use of plantation space beyond its designation hinders the government’s goal of accelerating the rejuvenation programme. The problems regarding the accumulation of forest area result in low achievement of the annual rejuvenation target in Riau Province (21%–25%). The authors present solutions to resolve land ownership conflicts and implement strategic policies to ensure the sustainable development of such plantations.</p><!--/ Abstract__block -->\n<h3>Originality/value</h3>\n<p>The authors introduce a conflict–resolution model for small-scale smallholder oil palm plantations to resolve the problems of forest area claims unaddressed in the Indonesian Job Creation Law. Land conflict resolution is categorised into five typologies: oil palm plantations with business permits; those without a forestry permit and subject to administrative sanctions; business activities in forest areas without forestry permits; resolving non-conformities in the progress of land or management controlled and used in forest areas prior to their designation by removing land parcels through modifying the forest area boundaries; and the settlement for farmers without cultivation registration certificates but have established plantations and whose land tenure can be proven.</p><!--/ Abstract__block -->","PeriodicalId":46125,"journal":{"name":"International Journal of Law and Management","volume":null,"pages":null},"PeriodicalIF":1.3000,"publicationDate":"2024-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Land tenure conflicts in forest areas: obstacles to rejuvenation of small-scale oil palm plantations in Indonesia\",\"authors\":\"Riyadi Mustofa, Almasdi Syahza, Gulat Mendali Emas Manurung, Besri Nasrul, Rino Afrino, Eko Jaya Siallagan\",\"doi\":\"10.1108/ijlma-09-2023-0216\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<h3>Purpose</h3>\\n<p>This study aims to investigate the problems small-scale oil palm plantations in Indonesia’s forest areas face and the government policies addressing them.</p><!--/ Abstract__block -->\\n<h3>Design/methodology/approach</h3>\\n<p>Survey and data collection were used to determine the socioeconomic, environmental, legal and governance problems related to the development of smallholder plantations. Information was obtained from the respondents via a rapid rural appraisal approach.</p><!--/ Abstract__block -->\\n<h3>Findings</h3>\\n<p>The potential land for potential participants in the community oil palm rejuvenation programme is a forest area of 1,628,749.60 ha. Owing to its legal dimensions and unsustainable land management, the rejuvenation regulatory programme has not reached independent farmers.</p><!--/ Abstract__block -->\\n<h3>Research limitations/implications</h3>\\n<p>The use of plantation space beyond its designation hinders the government’s goal of accelerating the rejuvenation programme. The problems regarding the accumulation of forest area result in low achievement of the annual rejuvenation target in Riau Province (21%–25%). The authors present solutions to resolve land ownership conflicts and implement strategic policies to ensure the sustainable development of such plantations.</p><!--/ Abstract__block -->\\n<h3>Originality/value</h3>\\n<p>The authors introduce a conflict–resolution model for small-scale smallholder oil palm plantations to resolve the problems of forest area claims unaddressed in the Indonesian Job Creation Law. Land conflict resolution is categorised into five typologies: oil palm plantations with business permits; those without a forestry permit and subject to administrative sanctions; business activities in forest areas without forestry permits; resolving non-conformities in the progress of land or management controlled and used in forest areas prior to their designation by removing land parcels through modifying the forest area boundaries; and the settlement for farmers without cultivation registration certificates but have established plantations and whose land tenure can be proven.</p><!--/ Abstract__block -->\",\"PeriodicalId\":46125,\"journal\":{\"name\":\"International Journal of Law and Management\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":1.3000,\"publicationDate\":\"2024-06-04\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Journal of Law and Management\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1108/ijlma-09-2023-0216\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Journal of Law and Management","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1108/ijlma-09-2023-0216","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Land tenure conflicts in forest areas: obstacles to rejuvenation of small-scale oil palm plantations in Indonesia
Purpose
This study aims to investigate the problems small-scale oil palm plantations in Indonesia’s forest areas face and the government policies addressing them.
Design/methodology/approach
Survey and data collection were used to determine the socioeconomic, environmental, legal and governance problems related to the development of smallholder plantations. Information was obtained from the respondents via a rapid rural appraisal approach.
Findings
The potential land for potential participants in the community oil palm rejuvenation programme is a forest area of 1,628,749.60 ha. Owing to its legal dimensions and unsustainable land management, the rejuvenation regulatory programme has not reached independent farmers.
Research limitations/implications
The use of plantation space beyond its designation hinders the government’s goal of accelerating the rejuvenation programme. The problems regarding the accumulation of forest area result in low achievement of the annual rejuvenation target in Riau Province (21%–25%). The authors present solutions to resolve land ownership conflicts and implement strategic policies to ensure the sustainable development of such plantations.
Originality/value
The authors introduce a conflict–resolution model for small-scale smallholder oil palm plantations to resolve the problems of forest area claims unaddressed in the Indonesian Job Creation Law. Land conflict resolution is categorised into five typologies: oil palm plantations with business permits; those without a forestry permit and subject to administrative sanctions; business activities in forest areas without forestry permits; resolving non-conformities in the progress of land or management controlled and used in forest areas prior to their designation by removing land parcels through modifying the forest area boundaries; and the settlement for farmers without cultivation registration certificates but have established plantations and whose land tenure can be proven.
期刊介绍：
The International Journal of Law and Management is a leading journal addressing all aspects of regulation and law as they impact on organisational development, operations and leadership. Organisations and their leaders operate in an increasingly complex world of emerging regulation across national and international boundaries. The International Journal of Law and Management seeks to acknowledge the dynamics of that environment and provide a platform for articles and contributions to stimulate scholarly debate in the development of law and practice. The International Journal of Law and Management seeks to present the latest research on policy, practice and theoretical perspectives and their impact on the development and leadership of organisations. Contributions of a multi-disciplinary nature are welcome. Coverage includes, but is not limited to: -Employment and industrial law- Corporate governance and social responsibility- Intellectual property- Corporate law and finance- Insolvency- Commercial law and consumer protection- Environmental law- Taxation- Competition law- Regulatory theory
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