Jakarta, October 20, 2019 – In conjunction with its 18th anniversary, the Indonesian Legal Aid Foundation (HuMa) launched a study on the reorganization of agrarian and natural resources legislation using the mechanism of omnibus lawomnibus law). Omnibus Law involves proposing changes to several provisions from various laws simultaneously in a joint deliberation process between the executive (government) and legislative (DPR). The practice of omnibus law has been carried out in several countries for a long time, such as the United States (1949), Canada, China, and Vietnam.

The reorganization of agrarian and natural resources legislation is urgently needed due to the abundance of issues in natural resource management. For example, the unequal land ownership between the poor and large companies, land conflicts, increasing criminalization, deteriorating environmental quality, and governance that lacks transparency and accountability in disclosing public data related to natural resources. Other issues are related to the difficulty of legal access for local farmers, women’s groups, and indigenous communities to obtain legal recognition and manage land and other natural resources.

“The sectoral approach to natural resource management policy in Indonesia has failed to ensure the sustainability of natural resources, welfare, and has hindered environmental damage,” said Chalid Muhammad, a member of the Indonesian Legal Aid Foundation. According to Chalid, who is also actively involved in monitoring policy implementation at the ministry level, this failure is due to sectoral egos that affect the management and technical policies in each sector.

Fundamental changes are needed to all legislation concerning natural resources. “Review all regulations and then create an integrated and harmonious policy that upholds justice and sustainability,” concluded Chalid.

Agrarian reform and natural resource management are mandated by MPR Decree No. IX/2001 CONCERNING AGRARIAN RENEWAL AND NATURAL RESOURCE MANAGEMENT. However, the journey of the last 20 years shows that the government and DPR have never seriously implemented the MPR Decree, causing policies and legislation in the field of natural resources to progress aimlessly and no longer align with the mandates of the 1945 Constitution and the MPR Decree.

Sandrayati Moniaga, Deputy Chairperson of the External Affairs Division of the National Commission on Human Rights, reminds that “The Reform has spawned political and legal commitments to reorganize policy fundamentals.”

Omnibus law is the most appropriate strategy for reorganizing legislation in the fields of agrarian and natural resources. There are 26 legislative provisions that need reorganization. Some time ago, Indonesia implemented omnibus law to amend several regulations to facilitate investment. Ideally, the most important agenda should be implementing omnibus law concerning legislation on agrarian and natural resources.

“At least three things can be resolved by the Agrarian Omnibus Law in Indonesia in the future,” said Agung Wibowo, a researcher at the Indonesian Legal Aid Foundation. According to Agung, these three things are providing legal certainty for assets and rights; simplifying access for marginalized groups seeking rights to their tenure; and clarifying overlaps in natural resource permits.

 

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