InfoSAWIT, BOGOR – The ongoing debate surrounding the enforcement of forest areas in Tesso Nilo National Park (TNTN), Riau Province, continues to unfold. The actions of the Forest Area Handling Task Force (Satgas PKH) in relocating communities and cutting down illegal palm oil plantations have sparked varied reactions, including demonstrations and complaints to state institutions.

The series of events began on June 18, 2025, when thousands of affected residents protested in front of the Riau Governor's Office against the planned relocations by Satgas PKH, demanding the governor facilitate a meeting with the central government. The Riau Governor agreed to this request and promised to arrange a meeting by July 18 at the latest.

Shortly after, on June 24, a counter-protest emerged from groups supporting elephant conservation efforts in TNTN and the relocation measures taken by Satgas PKH. The pro and con voices continue to resonate.

On July 2, affected residents filed complaints with the DPR RI Aspirations Agency. Two days later, on July 4, they also reported to the National Human Rights Commission (Komnas HAM), alleging human rights violations by Satgas PKH.

Meanwhile, Satgas PKH has begun taking decisive action. The cutting down of illegal palm oil plantations in TNTN has commenced, with particular attention on plantations allegedly owned by a member of the local parliament, covering hundreds of hectares.

In response to these developments, Ahmad Zazali, SH., MH., Chairman of the Center for Law and Conflict Resolution (PURAKA) and Director of AZ Law Office & Conflict Resolution, stated that while Satgas PKH's actions are on the right track, it would not be entirely fair if owners of large palm oil plantations are not subjected to administrative fines.

"We support the enforcement efforts, but according to Article 33 of Government Regulation (PP) No. 24 of 2021, owners of large-scale palm oil plantations in forest areas should be subject to administrative fines," Zazali told InfoSAWIT on Wednesday (July 9, 2025).

PP 24 of 2021, which is a derivative regulation of the Job Creation Law (UUCK), emphasizes the principle of ultimum remedium in law enforcement. This means that criminal approaches should be a last resort. Therefore, the resolution of illegal palm oil plantations in forest areas is divided into two categories.

"First, for businesses and individuals managing land over 5 hectares, administrative fines should be imposed. Second, for communities that have lived for at least 5 years and manage land not exceeding 5 hectares, they should not be fined. Instead, the resolution should be through forest area management programs such as Social Forestry, Conservation Partnerships, or TORA," Zazali explained.

Furthermore, he elaborated that the resolution for the first group should also consider the type of forest area. If the palm oil is located in production forests, the owner can apply for forest area use approval for one cycle (25 years) or establish partnerships with forestry permit holders if their land overlaps.

However, if the palm oil is located in protected or conservation forest areas like TNTN, there is no compromise: the forest area must be returned to the state. This is what Satgas PKH is currently undertaking.

"However, it is important to emphasize that merely returning the area is not enough. Large-scale palm oil plantation owners must pay administrative fines as stipulated in Article 33. This is crucial to prevent legal treatment disparities, where small farmers are forced to leave while large capital owners evade their obligations," Zazali stressed.

Zazali also highlighted the importance of legal justice in handling tenure conflicts in forest areas. He believes that legal processes must differentiate between small farmers who cultivate for survival and corporations or individuals who engage in large-scale expansion for profit.

"Fair law enforcement is key to successfully resolving agrarian conflicts. Satgas PKH must demonstrate that the law applies equally to all, not sharp downwards and blunt upwards," he concluded. (T2)