parties that caused the damage are obliged to pay or indemnify the damages. ‘Parties’ in this case refer to both individuals and corporations. Some land dispute cases between indigenous people and palm oil corporations have been settled through this mechanism. r Criminal process. On the issue of plantations, Law Number 39 of 2014 criminalizes the illegal management, use, occupation, and/or holding of indigenous land for plantation purposes (Art. 55(b)). There are also more general provisions under Article 2 Law No. 51/PRP/1960 and the Indonesian Criminal Code penalizing anyone who occupies land unlawfully (Article 167, 385 Penal Code). State-based non-judicial mechanisms Alternative dispute resolution. Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution provides an avenue for parties to settle their dispute outside the judicial system through consultation, negotiation, conciliation, or utilization of expert opinions. r Environmental compliance. On environmental issues, Law No. 32 of 2009 on Management and Environmental Protection requires a number of different institutions to monitor compliance. This includes local government at the provincial and district or city levels, the Ministry of Environment and other related ministries, such as the Commission for Environmental Impact Assessment, police, prosecutors, and courts. r Land conflict resolution under the National Land Agency. Decree No. 3 of 2011 on Assessment and Land Cases Management provides an avenue for parties to settle their disputes. However, in terms of effectiveness, a number of studies have shown that the National Land Agency is ineffective and unable to resolve the majority of conflicts within a reasonable time (Susan, 2015). r Indonesian Sustainable Palm Oil (ISPO). Indonesian Sustainable Palm Oil (ISPO) is a governmental safeguard system and policy adopted by the Ministry of Agriculture (ISPO, 2013). The purpose of the system is to address environmental issues in the palm oil industry. So far, an area of 1.9 million hectares of oil palm plantations, which can produce up to 8.2 million tons of crude palm oil, has been certified under the ISPO r ANGOC and KPA 57

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents