Proceedings of the International Conference on Environmental Law and Mining Law, ICTA II-MIL 2023, 21st October 2023, Pangkalpinang, Bangka Belitung, Indonesia

Research Article

Juridical Review of Palm Oil Plantations in Forest Areas in Bangka Regency (Case Study of Palm Oil Plantations in Production Forest Areas Permit for Forest Utilization Business PT Inhutani V Unit Bangka)

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  • @INPROCEEDINGS{10.4108/eai.21-10-2023.2343549,
        author={Winanti Meilia Rahayu and Jeanne Darc Noviayanti Manik and Faidatul  Hikmah},
        title={Juridical Review of Palm Oil Plantations in Forest Areas in Bangka Regency (Case Study of Palm Oil Plantations in Production Forest Areas Permit for Forest Utilization Business PT Inhutani V Unit Bangka)},
        proceedings={Proceedings of the International Conference on Environmental Law and Mining Law, ICTA II-MIL 2023, 21st October 2023, Pangkalpinang, Bangka Belitung, Indonesia},
        publisher={EAI},
        proceedings_a={ICTA II-MIL},
        year={2024},
        month={3},
        keywords={juridical review; oil palm plantations; forest},
        doi={10.4108/eai.21-10-2023.2343549}
    }
    
  • Winanti Meilia Rahayu
    Jeanne Darc Noviayanti Manik
    Faidatul Hikmah
    Year: 2024
    Juridical Review of Palm Oil Plantations in Forest Areas in Bangka Regency (Case Study of Palm Oil Plantations in Production Forest Areas Permit for Forest Utilization Business PT Inhutani V Unit Bangka)
    ICTA II-MIL
    EAI
    DOI: 10.4108/eai.21-10-2023.2343549
Winanti Meilia Rahayu1,*, Jeanne Darc Noviayanti Manik1, Faidatul Hikmah2
  • 1: Master of Law Study Program, Faculty of Law, Bangka Belitung University
  • 2: Faculty of Law, Bangka Belitung University, Indonesia
*Contact email: winantimr@gmail.com

Abstract

In Indonesia, oil palm plantations that are developed in Forest Areas are considered legally prohibited. This is based on the provisions contained in Law Number 18 of 2013 concerning the Prevention and Eradication of Forest Destruction that oil palm plantation activities in forest areas are illegal use of forest areas. However, after the enactment of Law Number 11 of 2020 concerning Job Creation, there have been several changes in the P3H Law, including legal provisions relating to oil palm plantations in forest areas. The purpose of this research is to find out how the regulation of the use or utilization of forest areas for oil palm plantations in Indonesia and to analyze the legal aspects of oil palm plantations in production forest areas with business permits for forest utilization of PT Inhutani V Bangka unit. This study uses normative legal research methods and literature studies to collect the necessary data. The results of this study are that after the Job Creation Law was passed, several articles in the P3H Law and the Forestry Law have been amended. Including legalizing the existence of illegal oil palm plantations at this time through the fulfillment of certain mandatory requirements. Then oil palm plantations in the concept of using forest areas can only be carried out or it can be said that oil palm plantations are legal, when they already have permission from the relevant ministry. If you don't have a permit, the oil palm plantation can be said to be illegal.