Kesesuaian dan Reformulasi Regulasi Nasional dalam Merespons EUDR terhadap Deforestasi Akibat Perluasan Perkebunan Sawit Indonesia

Abstract

Deforestation resulting from the expansion of oil palm plantations remains one of the main challenges in efforts to mitigate climate change in Indonesia. Indonesia has ratified various international legal instruments, including the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, and the Paris Agreement, and has enacted various national regulations in the fields of environmental protection, forestry, and plantations. However, the rate of deforestation continues to demonstrate a disparity between national regulations and international standards. This study aims to analyze the conformity of national regulations with UNFCCC standards in preventing and addressing deforestation resulting from the expansion of oil palm plantations, as well as to formulate the necessary legal reforms by taking into account the principles of due diligence and traceability as regulated under the European Union Deforestation Regulation (EUDR). The research employs a normative juridical method using both statutory and conceptual approaches through an analysis of various national and international legal instruments. The findings indicate that, normatively, national regulations have accommodated the principles of sustainable development and climate change mitigation. Nevertheless, several weaknesses remain, including the legalization of oil palm plantations within forest areas through administrative mechanisms, disharmony among sectoral regulations, weak supervision and enforcement, and the lack of an optimal transparency and traceability system within the palm oil supply chain. Therefore, regulatory reform is required through strengthening the preventive function of Environmental Impact Assessments (AMDAL) and public participation, adjusting the definition of forests, clarifying the classification of oil palm, and integrating due diligence obligations, traceability, and the principle of zero deforestation into the Indonesian Sustainable Palm Oil (ISPO) certification system. Such reforms are expected to strengthen forest protection, enhance the credibility of Indonesian palm oil commodities in the global market, and support the achievement of emission reduction targets and sustainable development.