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SHOLD RSPO REQUIRE BL?12 August 2015 , 06:34 WIB | Read : 916 | By : Atep Yulianto Irawan
it is oblidged to have business licence for palm oil plantation company which proposes the indonesian sustainable palm oil (ISPO). but what about roundtable on sustainable palm oil (RSPO). should it implement the same thing?
The emerge of Regulation of Secretary of Agriculture (RSA) No. 11/Permentan/OT.140/3/2015 as the substitute of RSA No. 19/Permentan/OT.140/3/2011 about the Indonesian Sustainable Palm Oil/ISPO system has published that, every palm oil plantation locating in Indonesia which proposes ISPO certification, should have Business Licence (BL) as one of the conditions.
The requirement is as one implementation of the Government’s Regulation No. 40 / 1996 about Business Licence, ownership right, usage rights on the land. For it is regulated, the requirement on the business licence is oblidged in the ISPO certification process.
As it is written in the attachment 1, RSA No. 11/Permentan/OT.140/3/2015, in Chapter V about the ways in ISPO Certification, namely point 1, it mentions, every plantation company having business licence, in plantation business licence, plantation business listing document, plantation industry business state document, and the centrl/provincial/regional government should evaluate the licences based on the RSA about the plantation business guidance.
Chairman of ISPO Commission, Rosediana Suharto said, the requirement in business licence to get the ISPO certification process will positively implicate to get BL faster. It is known that getting BL takes some time to get it. “It is an obligation. This will not burden the company,” she recently said in Jakarta
To make sure that BL is one requirement in ISPO process, it is noted in the Principles and Criteria in ISPO, which is written in Principle 1,about the Plantation Business Legality.
In detail, it is described in Principle 1.4, that is, the rights of area, it is written that Plantation Company should have the legality of the land, such as, Business Licence. The indicator is that, the BL has some numbers of area according to the regulation in plantation business licence.
So, the positive law in Indonesia ensured that every palm oil plantation business should have BL which becomes the basic land ownership that the businessmen have.
ISPO also regulates, BL is given by the secretary which runs the government affairs in land, or the officer in duty. It usually will take about 35 years and could be prolonged about 25 years in maximal, and it could be renewed for about 35 years.
Unfortunately, . . .