Integrating Free, Prior, and Informed Consent Into Indonesia's Palm Oil Regulatory Framework for Indigenous Protection

Authors

• Ermanto Fahamsyah, Professor of Economic Law at the Faculty of Law, University of Jember, Jl. Kalimantan Tegalboto No. 37Follow
• Natasya Aulia Putri, Bachelor of Law at the Faculty of Law, University of Jember, Jl. Kalimantan Tegalboto No. 37
• Ramadhan Dwi Saputra, Bachelor of Law at the Faculty of Law, University of Jember, Jl. Kalimantan Tegalboto No. 37
• Vicko Taniady, Master of Laws Student at Faculty of Law, Monash University, 555 Lonsdale Street Melbourne

Abstract

This study examines the absence of a binding Free, Prior, and Informed Consent (FPIC) mechanism in Indonesia's palm oil regulatory framework, which has resulted in recurring land conflicts and insufficient protection for indigenous peoples whose customary territories are converted into plantation concessions. It aims to analyze the weaknesses of the current legal framework and to evaluate FPIC models in the Philippines and Colombia as potential references for national reform. This study adopts a normative legal method using statutory, case-based, and comparative approaches. Primary and secondary legal materials were examined to assess Indonesia's existing protections for indigenous peoples and to compare them with FPIC regulations and institutions in the Philippines and Colombia. The study finds that Indonesia's legal framework provides only symbolic recognition of indigenous rights, lacking enforceable procedures for consultation or consent. By contrast, FPIC implementation in the Philippines, supported by the National Commission on Indigenous Peoples (NCIP), and strong jurisprudence in Colombia demonstrate that integrating FPIC into binding law significantly strengthens indigenous participation and reduces conflicts. This study concludes that embedding FPIC into Indonesia's palm oil regulatory regime is essential for meaningful rights protection and sustainable sectoral governance. It recommends the issuance of a Presidential Regulation as an immediate measure, followed by the establishment of a dedicated supervisory body and the integration of FPIC into future Palm Oil and Indigenous Peoples legislation.

Recommended Citation

Fahamsyah, Ermanto; Putri, Natasya Aulia; Saputra, Ramadhan Dwi; and Taniady, Vicko (2026) "Integrating Free, Prior, and Informed Consent Into Indonesia's Palm Oil Regulatory Framework for Indigenous Protection," Padjadjaran Jurnal Ilmu Hukum (Journal of Law): Vol. 13: No. 1, Article 6.
DOI: 10.22304/pjih.v13n1.a6
Available at: https://journal.unpad.ac.id/pjih/vol13/iss1/6

DOI

10.22304/pjih.v13n1.a6