UDTR Global Rights of Nature Radar

Legal Certainty of Oil Palm Plantation Cultivation Rights within Forest Areas Following Government Regulation Number 45 of 2025

Identification

Public canonical key

doi:10.24252/al-risalah.vi.67203

Authors

Wisnu Eka Wardhana · Sri Wahyu Handayani

Reported year

2026

Reported language

en

Source type

article

First detected

2026-11-09T19:11:32.569687+00:00

Last metadata observation

2026-11-09T19:11:32.569687+00:00

Last HTTP verification

Not checked

Institutions reported by the source

Jenderal Soedirman University

Documentary abstract — original language

Government Regulation Number 45 of 2025 concerning the Amendment to Government Regulation Number 24 of 2021 on Procedures for the Imposition of Administrative Sanctions in the Forestry Sector was enacted as an instrument to address oil palm plantations that have encroached upon forest areas. However, rather than providing legal certainty, this regulation introduces a "reclamation" mechanism that potentially revokes Land Cultivation Rights (Hak Guna Usaha/HGU) that were lawfully obtained under the Basic Agrarian Law Number 5 of 1960. This study aims to analyze the legal certainty of HGU for oil palm plantations within forest areas following the enactment of Government Regulation Number 45 of 2025, and to identify potential normative conflicts arising within Indonesia's agrarian legal framework. The research employs a normative juridical method with a statute approach and a conceptual approach. The findings reveal that Government Regulation Number 45 of 2025 violates at least four of Lon Fuller's eight principles of the inner morality of law, namely the principles of non-retroactivity, non-contradiction, possibility of compliance, and congruence. Furthermore, the land reclamation mechanism contradicts Articles 18 and 34 of the Basic Agrarian Law, which exhaustively enumerate the lawful grounds for the revocation of land rights, and departs from the ultimum remedium principle established under Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law. The empowerment of the Forest Area Enforcement Task Force (Satgas PKH) as an ad hoc institution with authority equivalent to the Minister of Forestry also contravenes the principle of institutional legality. This study recommends a comprehensive revision of Government Regulation Number 45 of 2025, the definitive completion of forest area demarcation, and the restoration of enforcement authority to the institutions mandated by law.

Identifiers

OPENALEX

W7219089372

DOI

10.24252/al-risalah.vi.67203

Documentary context

Documentary family

Scholarship

Source-reported types

article

Jurisdictions studied — explicit sources

ID

Natural entities mentioned

Forest

Entity mentions are not evidence of legal recognition. Jurisdiction studied is separate from author affiliation country.

Sources

OpenAlex · Record 1 · Record 2

• DOI · https://doi.org/10.24252/al-risalah.vi.67203
• OpenAlex · https://openalex.org/W7219089372

Documented bibliographic relations

Source-declared references and links; they do not establish legal support or UGLC qualification. Up to 20 outgoing references are displayed.

• openalex:w2756893660 · CITES
• openalex:w2996047567 · CITES
• openalex:w4220928214 · CITES
• openalex:w4297923138 · CITES
• openalex:w4413995011 · CITES
• openalex:w7104604785 · CITES

0 incoming references within the detected corpus

Documentary status

Relevance pending

Library

This identity is not yet included in the Legal Library.