InfoSAWIT, JAKARTA – The government’s ongoing effort to restore control over forest areas has entered a new chapter. Through Presidential Regulation (Perpres) No. 5/2025, the state seeks to tighten oversight of lands occupied without authorization, including palm oil operations within forest zones. Yet legal experts warn the initiative may expose the sector to substantial legal ambiguity.
Perpres 5/2025, enacted on 21 January 2025, was designed to strengthen the implementation of Articles 110A and 110B of Law 18/2013 on Forest Destruction Prevention—amended under the Job Creation Law—as well as Government Regulation 24/2021 on Administrative Sanctions in Forestry.
Prof. Dr. Ermanto Fahamsyah, S.H., M.H., Professor of Economic Law at the University of Jember, noted that the regulation aims to accelerate resolution of land governance issues in forestry, mining, and plantation sectors. It also seeks to reaffirm state authority over natural resources.
A special task force (Satgas) has been formed, comprising steering, implementing, and secretariat units, with ex-officio roles under the Attorney General’s Office. The Satgas may appoint experts from academia, community groups, and industry. However, its internal governance will be regulated separately by the Attorney General, not in the Perpres itself.
The Satgas must submit performance reports to the President every six months, funded through the state budget and other legitimate sources.
In practice, however, seizures and sealing of oil palm plantations deemed illegal have stirred scrutiny. Critics argue these actions may violate legal procedures for forest area designation as stipulated in Forestry Law No. 41/1999. (*)
