{"title":"Government Supervision of Oil Palm Plantations in Indonesia: Legal Issues and Proposed Remedies","authors":"Mohamad Nasir, Laurens Bakker, Toon van Meijl","doi":"10.1515/ldr-2024-0014","DOIUrl":null,"url":null,"abstract":"Palm oil is a major Indonesian export product, but governmental supervision of plantation corporationsʼ activities on the ground frequently fails, which leads to environmental damage as well as conflict between companies and communities. By employing a socio-legal approach, this study found that the legal framework of the development of oil palm plantations is imprecise, unclear and incomplete and, as a consequence, causes the governmentʼs weakness in supervising oil palm plantation operations. We discovered three main causes of this incompleteness of law in supervising oil palm plantations: the delay in establishing the implementing regulations, the absence of sanctions in case of non-compliance, and the use of imprecise words, and complex terms and language. In addressing such incompleteness, this study suggests drafting more detailed rules to minimize delegation to lower regulations, using more precise terms and concepts, and considering sanctions for officials who do not carry out their obligations. Furthermore, discretion can be an alternative to overcome the existing legal incompleteness in supervising oil palm plantation operations.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":null,"pages":null},"PeriodicalIF":0.4000,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law and Development Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/ldr-2024-0014","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
Palm oil is a major Indonesian export product, but governmental supervision of plantation corporationsʼ activities on the ground frequently fails, which leads to environmental damage as well as conflict between companies and communities. By employing a socio-legal approach, this study found that the legal framework of the development of oil palm plantations is imprecise, unclear and incomplete and, as a consequence, causes the governmentʼs weakness in supervising oil palm plantation operations. We discovered three main causes of this incompleteness of law in supervising oil palm plantations: the delay in establishing the implementing regulations, the absence of sanctions in case of non-compliance, and the use of imprecise words, and complex terms and language. In addressing such incompleteness, this study suggests drafting more detailed rules to minimize delegation to lower regulations, using more precise terms and concepts, and considering sanctions for officials who do not carry out their obligations. Furthermore, discretion can be an alternative to overcome the existing legal incompleteness in supervising oil palm plantation operations.
期刊介绍：
Law and Development Review (LDR) is a top peer-reviewed journal in the field of law and development which explores the impact of law, legal frameworks, and institutions (LFIs) on development. LDR is distinguished from other law and economics journals in that its primary focus is the development aspects of international and domestic legal orders. The journal promotes global exchanges of views on law and development issues. LDR facilitates future global negotiations concerning the economic development of developing countries and sets out future directions for law and development studies. Many of the top scholars and practitioners in the field, including Professors David Trubek, Bhupinder Chimni, Michael Trebilcock, and Mitsuo Matsushita, have edited LDR issues and published articles in LDR. The journal seeks top-quality articles on law and development issues broadly, from the developing world as well as from the developed world. The changing economic conditions in recent decades render the law and development approach applicable to economic issues in developed countries as well as developing ones, and LDR accepts manuscripts on law and economic development issues concerning both categories of countries. LDR’s editorial board includes top scholars and professionals with diverse regional and academic backgrounds.
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