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LamLaj
Published by Universitas Lambung Mangkurat
ISSN : 25203136     EISSN : 25023128     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics in the fields of Notary Law, Civil Law, Inheritance law, Tax Law, Guarentee Legal, Banking law, Constitutional Law, International Law, Administrative Law, Criminal Law, Human Right Law, Islamic Law, Environmental Law, Agrarian Law, Intellectual Property Rights, Law on Marriage and Family, Insurance law ,Cyber Law and another section related contemporary issues in law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 171 Documents
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Orphaned Restoration Duties after State Repossession of Oil Palm Plantations in Kalimantan’s Wetlands M. Arifuddin
Lambung Mangkurat Law Journal Vol. 11 No. 2 (2026): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/.v11i2.342

Abstract

Since 2025, Indonesia’s Forest Area Enforcement Task Force has retaken about 5.9 million hectares of oil palm plantations operating illegally in forest areas and has handed more than 4.1 million hectares to a state-owned enterprise for commercial management. Repossession changes who controls the land, but it leaves the drained peat, open canals, and cleared mangroves as they were. This article asks who bears the duty to restore these ecosystems once control moves and what legal design would keep the polluter-pays principle working through the transfer. It combines doctrinal analysis of Indonesian law with a functional comparison of the United States, Germany, the United Kingdom, and Brazil, contrasting releasable peat in Central Kalimantan with non-releasable strict nature reserves in South Kalimantan. The study finds that the restoration duty fails in two ways. In Central Kalimantan, peat rules demand rewetting while enforcement instruments steer the land toward release and continued, drainage-dependent cultivation. In South Kalimantan, the command to restore is clear, yet no norm names a liable payer among those who cleared the reserves. Both failures stem from one design choice: Indonesian law attaches the duty to the person responsible for a business or activity, a figure that disappears when the state takes over. Neither the maxims for resolving conflicting norms nor the existing rules on business transfers, guarantee funds, and post-fire takeovers close the gap. The comparison shows that none of the systems examined protects a controller that keeps a damaging condition alive. The article proposes condition-anchored sequenced liability, which combines a baseline assessment at transfer, residual cost liability of the former occupier, duties and a calibrated second-tier burden for the new controller, and a ring-fenced restoration fund. It offers a template for states that seize illegally used land and then exploit it commercially.

Page 18 of 18 | Total Record : 171

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