Regulations Trigger Conflict

15 February 2014 , 11:44 WIB | Read : 851 | By : Administrator

Theoverlapping and clashed regulations – and even are opposite one to another – always make unavoidable conflicts, both the businessmen with the people around, and the government and the businessmen. For example, in 2012, the government has been publishing Government Regulation No. 60 / 2012 about the substitution of Government Regulation No. 20/2010 about The Change Way of Allotment and the Function of Forest Area. The regulation regulates, the` plantation business licence is published by the regional government based on the Provincial and District Spatial Plan but it was published before the Regulation No. 26 / 2007 about the Spatial Plans was published Based on Regulation No. 41 / 1999 about the Forestry as it has been substituted by Regulation No. 19 / 2004, the area is still forest area and the function as production forest can be converted. So the licence holders, in the first six (6) months since the regulation is published, could propose the release of the forest area to the Secretary of Forestry. This regulation shocks all sides and triggers some problems for some cases. Most of the businessmen’s areas refer to the regional government regulations whose the area belongs to.

Secretary of Forestry, Zulkifli Hasan admitted, it is so difficult to run the regulation for it should be harmonized with the regional government regulations and others. “The regulation keeps running for it is difficult,” he recently said to InfoSAWIT in Jakarta. According to Ministry of Forestry by November 2013, there are 229 companiesin 14 provinces proposing the release of forest areas according to Governmental Regulation No. 60 / 2012. Not only the businessmen, the people themselves also get the impacts – when they want to convert the area to be palm oil plantation and want to join mainplasma scheme – the regulation obstructs. As the result, the people cannot get the right certificates on the land they have had because the land is now in production forest status which can be converted. And neither do the businessmen. Such condition will also trigger the longer area conflicts.

The clashes in the area will make new conflict, both in the people and the businessmen themselves. Zulkifli continued, his side keeps solving the area conflicts and also helps to find the solution. By having the policy of forestry, this institution will solve the problems by making People’s Forest, Village Forest and Society Forest. “It will be easy to solve the conflicts but it should have the recommendation from the local government institution and it is proposed to the Ministry of Forestry. We will directly process it,” he told. He gave one example, the production forest area has its status. But the local people want to make the area to be plasma plantation. From law perspective, it can be done.

But the most important thing is that the location and the area should be clearly known and the people should fulfill all the requirements needed. “It can be solved,” the politician of Partai Amanat Nasional mentioned.

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