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Jakarta (ANTARA) – The Director General of Plantations at the Ministry of Agriculture, Andi Nur Alamsyah, said that the public could not necessarily force oil palm plantation companies to fulfill their obligation of 20 percent Community Plantation Development Facilitation (FPKM) because there are regulations that must be adhered to.
Andi said this was referring to Regulation of the Minister of Agriculture Number 18/2021 on Facilitation of Community Plantation Development, which is a derivative of Government Regulation Number 26/2021 on the Implementation of the Agricultural Sector as mandated by Law Number 6/2023 on the Stipulation of Government Regulation in Lieu of Law Number 2/2022 on Job Creation into Law.
“It is not justified if any party forces to take the core plantation embedded in the company’s business use rights (HGU) or plantation business license (IUP),” he said in a written statement received in Pekanbaru, Wednesday (21/6).
According to him, this must be understood together in consideration of the many problems that arise due to different interpretations regarding the company’s obligation to provide 20 percent for the development of surrounding community plantations.
He explained that the 20 percent FPKM is actually an obligation of plantation companies as ordered by Law Number 18/2004 on Plantations.
However, he emphasized that the regulation only applies to companies with plantation business licenses issued after February 2007. This is in accordance with MOA 26/2007.
Furthermore, based on the applicable rules in accordance with MOA No. 98/2013, article 60 paragraph 1 states that the provisions of the obligation to facilitate the development of community gardens around 20 percent of the IUP-B or IUP area do not apply to plantation companies that have implemented partnership patterns such as nucleus plantations (PIR), namely PIR-BUN, PIR Trans, PIR KKPA, or other plasma nucleus plantation patterns.
“Previously, if there was already a partnership in a productive business or PIR (People’s Nucleus Plantation) then it was not subject to (the 20 percent FPKM rule),” Andi said.
For this reason, Andi also stated that he had written to all regional heads in Indonesia to carry out guidance and supervision of the implementation of FPKM so that it would not become a problem and cause conflict in the field in its implementation.
“We have written to all regional heads, from governors to regents and mayors throughout Indonesia, to guide the regulations,” he said.
Furthermore, he explained that the demand for 20 percent FPKM could not be applied equally to all oil palm plantation companies, because in accordance with MOA 26/2007, the obligation of 20 percent FPKM for surrounding communities was not required for plantations that had obtained permits / IUP before February 2007. “So it is only mandatory for plantation companies whose IUP was issued after 2007,” he explained.
In addition, currently there is Law No. 6/2023 on the Stipulation of Government Regulation in Lieu of Law No. 2/2022 on Job Creation into Law, Government Regulation No. 26/2020 on Agriculture and MOA No. 18/2021 which regulates the Facilitation of Community Garden Development around 20 percent of the plantation area being cultivated.
In accordance with Law Number 6/2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law and its derivatives, it has been determined that there is an obligation for FPKM, namely if there is no or no more land available around the plantation, other productive activities have been arranged in accordance with the wishes and abilities of the surrounding community.
“The empowerment program that will benefit the community will be facilitated by the company such as credit patterns, profit sharing patterns and or other partnership patterns. This means that they do not have to build oil palm plantations, but the community is given options according to their wishes and agreed with the company, if the surrounding community wants to raise cattle, they can, if they want a fishery business, they can,” he explained.
The interpretation that the facilitation of community plantation development always has to build oil palm plantations, Andi explained, is an old interpretation. The government has provided solutions, which can be in the form of other productive activities and other partnerships.
It should also be, Andi requested, in accordance with MOA No. 18/2021, FPKM beneficiaries are communities that have formed farmer groups, gapoktan, and cooperatives, which will receive the financing facilitation in accordance with the optimum production value set by Ditjebun. “And not individuals,” he concluded.
“Previously, if there was already a partnership in a productive business or PIR (Perkebunan Inti Rakyat) then it was not subject to (the 20 percent FPKM rule),” Andi said.
For this reason, Andi also stated that he had written to all regional heads in Indonesia to carry out guidance and supervision of the implementation of FPKM so that it would not become a problem and cause conflict in the field in its implementation.
“We have written to all regional heads, from governors to regents and mayors throughout Indonesia, to guide the regulations,” he said.
Furthermore, he explained that the demands of the community for FPKM of 20 percent could not be applied equally to all oil palm plantation companies, because in accordance with MOA 26/2007, the obligation of FPKM of 20 percent for the surrounding community was not required for plantations that had obtained permits / IUP before February 2007. “So it is only mandatory for plantation companies whose IUP was issued after 2007,” he explained.
In addition, currently there is Law No. 6/2023 on the Stipulation of Government Regulation in Lieu of Law No. 2/2022 on Job Creation into Law, Government Regulation No. 26/2020 on Agriculture and MOA No. 18/2021 which regulates the Facilitation of Community Garden Development around 20 percent of the plantation area being cultivated.
In accordance with Law Number 6/2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law and its derivatives, it has been determined that there is an obligation for FPKM, namely if there is no or no more land available around the plantation, other productive activities have been arranged in accordance with the wishes and abilities of the surrounding community.
“The empowerment program that will benefit the community will be facilitated by the company such as credit patterns, profit sharing patterns and or other partnership patterns. This means that they do not have to build oil palm plantations, but the community is given options according to their wishes and agreed with the company, if the surrounding community wants to raise cattle, they can, if they want a fishery business, they can,” he explained.
The interpretation that the facilitation of community plantation development always has to build oil palm plantations, Andi explained, is an old interpretation. The government has provided solutions, which can be in the form of other productive activities and other partnerships.
Andi also said that in accordance with MOA No. 18/2021, FPKM beneficiaries are people who have formed farmer groups, gapoktan, and cooperatives.
It should also be, Andi requested, in accordance with MOA No. 18/2021, FPKM beneficiaries are communities that have formed farmer groups, gapoktan, and cooperatives, which will receive the financing facilitation in accordance with the optimum production value set by Ditjebun. “And not individuals,” he concluded.
Source : Riau.antaranews.com
