House endorses controversial Plantation Law<\/p>\n
Zakki P. Hakim, Jakarta<\/p>\n
The House of Representatives endorsed the controversial
\nplantation bill at a plenary session on Monday, despite protests
\nfrom farmers and non-governmental organizations.<\/p>\n
The House said that the new law would provide investors with
\nlegal certainty in the industry, although critics have said it
\nfails to protect the interests of small-scale farmers and
\ntraditional tribes, particularly in relation to control of land.<\/p>\n
The Indonesian Farmers Association (HKTI) stated that the
\nendorsement was a form of negligence and illustrated a lack of
\nconcern for justice and equal distribution in the use of state
\nassets.<\/p>\n
\"The government should provide small farmers with greater
\naccess to state assets (land) through state intervention,\" HKTI
\nvice secretary-general Agusdin Pulungan told The Jakarta Post.<\/p>\n
He pointed out as an example that in neighboring Malaysia,
\nfarmers were given the right to use land for up to 90 years, a
\ntime frame also given to private investors.<\/p>\n
He said that the new law would only provide greater
\nopportunity for big plantation companies to exploit the country's
\nnatural resources, but leave small farmers out of the picture.<\/p>\n
\"We will coordinate with other parties to file a judicial
\nreview of the Plantation Law to the Constitutional Court,\" he
\nsaid.<\/p>\n
All nine factions of the House stated their support for the
\nplantation bill.<\/p>\n
The session, led by Tosari Wijaya of the United Development
\nParty (PPP) faction, recorded a \"minority note\" from legislator
\nSayuti Rahawarin of the Daulatul Ummah Party (PDU) faction, who
\nobjected to some of the articles in the bill.<\/p>\n
Sayuti said the bill did not protect traditional tribes and
\nsmall farmers' land from being taken over by big plantation
\ncompanies holding concession rights.<\/p>\n
He also questioned why the bill did not impose criminal
\nsanctions on companies that fail to preserve the environment.<\/p>\n
\"We have numerous reports on big plantations taking over
\ntribal land. The bill should stipulate that such companies should
\nhave their concessions revoked,\" he told the session.<\/p>\n
Sayuti pointed out that articles 46 to 53 impose criminal
\nsanctions of up to 15 years' imprisonment and up to Rp 15 billion
\n(US$1.66 million) in fines for various crimes, including illegal
\noccupation of land, but there were no sanctions for environmental
\ncrimes.<\/p>\n
However, articles 48 and 49 carry maximum sanctions of 10
\nyears' imprisonment and a Rp 10 billion fine for people who
\ndeliberately or out of ignorance clear land using the slash-and-
\nburn method as it damages the environment. Traditional farmers
\noften use this method.<\/p>\n
According to the law, regional administrations provide
\nlicenses for plantation companies to operate in the regions, but
\nthe Ministry of Agriculture has the power to determine the type
\nof commodities grown, while concessions are issued by the
\nNational Land Agency (BPN).<\/p>\n
Plantations obtain initial concessions spanning 35 years,
\nwhich can be extended for another 25 years.<\/p>\n
After the extended period expires, a company may propose a new
\n35-year concession for the same area followed by a 25 year
\nextension.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/house-endorses-controversial-plantation-law-1447893297",
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"sponsor": "Okusi Associates",
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