4.3.1
The company has carried out development around the plantation, among others, through various activities documented in the
Social Impact Analysis Monitoring and Management Plan for Semester I of 2022. Based on this document, several CSR programs have been implemented, such as:
- Food assistance to the community around the company.
- Assistance for road repairs for Kedai Damar Village in March 2022.
- Paving and upgrading of roads in Bandar Sakti Village.
Based on the results of the document review, the company has also contributed to improving the welfare of the community around the plantation by conducting business partnerships such as collaborating with local contractors in the work of transporting fresh fruit bunches (FFB) to the factory.
Based on the results of public consultations with representatives from Bangun Village, it is known that the surrounding community also feels the CSR programs created by the company and their proposal submissions are often fulfilled by the company.
Status: Comply
4.4
Use of the land for oil palm does not diminish the legal, customary or user rights of other users without their Free, Prior and Informed Consent (FPIC).
4.4.1.
PTPN IV – Pabatu has managed totaling area for about 5,754.04 Ha as scope of certification. The plantation of Pabatu is a former of dutch colonial era plantation (NV. Bandar Oli Culture Masscthapij), that has been nationalized by government decree No. 19 dated 2 May 1959.
Based on konstatering (decree) No. 110/-PPT/B, Minister of Home Affairs cq. Directorate General of Agrarian Affairs through Decree No. 19/HGU/DA/1976 dated June 26, 1976 gave land title to PNP VI (National Plantation Company VI) Pabatu Estate for an area of 5,707.07 Ha. which is based on field inspection carried out by Committee B which stipulates that the area is free from popular occupation. there is a discrepancy the total area of land title covering 403.50 Ha ie from 6,173.53 ha to 5,770.07 ha. This is due to the existence of an asset release permit from the relevant authorities which is intended for the general plan of the district government spatial layout. for example, schools, railway, government clinic and government area of Tebing Tinggi.
Currently Unit Managements of Pabatu managed area covering 5,754.04 Ha. On that particular area the unit management of Pabatu has had the documents of land ownership are:
Certificate of Land Use Title No. 164 Year 2005 dated 16 September 2005 with a land area of 5,500.43 Ha.
Certificate of Land Use Title No. 1 Year 2007 dated 17 July 2007 with a land area of 145.46 Ha.
Certificate of Land Use Title No. 2 Year 2007 dated 17 July 2007 with the land area of 108.15 Ha.
Bah Birong Ulu
The company already has land rights in the document of the Decree of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency (No. 31/HGU/KEM-ATR/BPN/IV/2019) Concerning Renewal of Cultivation Rights No. 1/Bahal Gajah Village, Top Name PT Perkebunan Nusantara IV (Persero) On Land Covering an Area of 2,167.91 Ha Located in Birong Ulu Manriah Village, Bahal Gajah, Bukit Rejo, Manik Hataran, Sidamanik District, Panombean Hutaurung Village, Pagar Pinang, Bah Birong Ulu, Parmonangan, Sibunga-Bunga , Pinang Ratus, Hutaurung, Jorlang Hataran District, Simalungun Regency, North Sumatra Province on April 22 2019. The document explains that the government gave PT Perkebunan Nusantara IV (Persero) renewal of Cultivation Rights for 35 (thirty five) years from since the expiration date of December 31, 2013 as described in the Revised Land Sector Map dated September 4, 2016 No. 18/09/2014.
The following are certificates of land rights owned by the company:
- HGU Certificate Document No. 98 (NIB 02.09.00.00.00133) on 13 May 2019 with an area of 1,651.92 ha with an expiration date of 30 December 2048.
- HGU Certificate Document No. 99 (NIB 02.09.00.00.00134) on 13 May 2019 with an area of 82.24 ha with an expiration date of 30 December 2048.
- HGU Certificate Document No. 100 (NIB 02.09.00.00.00135) on 13 May 2019 with an area of 292.49 ha with an expiration date of 30 December 2048.
- HGU Certificate Document No. 101 (NIB 02.09.00.00.00136) on 13 May 2019 with an area of 2.08 ha with an expiration date
of 30 December 2048.
- HGU Certificate Document No. 102 (NIB 02.09.00.00.00137) on 13 May 2019 with an area of 139.18 ha with an expiration date of 30 December 2048.
In addition, the Bah Birong Ulu unit company manages land rights belonging to the Bah Butong unit covering an area of 346.29 ha based on the Handover Document (No.TEH/X/07/I/2021). The land rights are based on HGU certificate No. 3 (NIB 02.09.09.01.00001) covering an area of 2,602.95 ha which is valid until 12 November 2038.
The scope of certification for Bah Birung Ulu is in accordance with the area of the IUP, namely 2,464.90 ha, which is explained in the Decree of the Head of Investment Service and One Stop Integrated Licensing Service, Simalungun Regency No.
503/16/17.4/2021 Concerning the Approval of Fulfilling the Commitment of a Cultivation Plantation Business Permit (IUP-B) for PT Perkebunan Nusantara IV Bah Birong Ulu Plantation Business Unit on April 6 2021 for an area of 2,464.90 ha.
4.4.2 – 4.4.6.
During recertification onsite assessment, the company has no new land acquisition. The results of verification and interview with local communities (Kedai Damar, Paritokan, Bukit Rejo Village and FFB suppliers) are known that there are no indigenous rights or customary rights.
In conclusion, the company is a nationalization program for foreign companies by government that already have previous land rights, there is no acquisition of land belonging to the surrounding community or other rights that use the FPIC process in its acquisition
Status: Comply
4.5
No new plantings are established on local peoples’ land where it can be demonstrated that there are legal, customary or user rights, without their FPIC. This is dealt with through a documented system that enables these and other stakeholders to express their views through their own representative institutions.
4.5.1-4.5.8.
PTPN IV – Pabatu has managed totaling area for about 5,754.04 Ha as scope of certification. The plantation of Pabatu is a former of dutch colonial era plantation (NV. Bandar Oli Culture Masscthapij), that has been nationalized by government decree No. 19 dated 2 May 1959.
Bah Birong Ulu Unit were previously a tea garden owned by the Dutch colonial (N.V. Nationale Industrie & Landbouw Mij) located in Simalungun since 1916 which was nationalized based on Law no. 86 of 1958. Then based on Government Regulation no. 19 of 1959 concerning the determination of Dutch-owned agricultural/plantation companies subject to nationalization which is explained in more detail in State Gazette No. 31 of 1959 mentions one of the plantations that was nationalized, namely the Bah Birong Ulu tea estate. Bah Birong Ulu Estate are based on PP. No. 19 of 1959 became part of the Sumut III State Plantation Company which later changed to PPN Antan VI in 1963. In 1969 it changed its name to PNP VIII and in 1974 it changed to PTP VIII. On March 11, 1996 it became PTP Nusantara IV based on PP No. 9 of 1996.
Furthermore, based on information from representative Village of Kedai Damar, Paritokan, Bukit Rejo Village, it was known that there is no new compensation and planting on local people’s land. Furthermore, there is no customary right within estate operational areas.
Status: Comply
4.6
Any negotiations concerning compensation for loss of legal, customary or user rights are dealt with through a
documented system that enables indigenous peoples, local communities and other stakeholders to express their views through their own representative institutions.
4.6.1 – 4.6.4.
PTPN IV – Pabatu has managed totaling area for about 5,754.04 Ha as scope of certification. The plantation of Pabatu is a former of dutch colonial era plantation (NV. Bandar Oli Culture Masscthapij), that has been nationalized by government decree No. 19 dated 2 May 1959.
Bah Birong Ulu Unit were previously a tea garden owned by the Dutch colonial (N.V. Nationale Industrie & Landbouw Mij) located in
Simalungun since 1916 which was nationalized based on Law no. 86 of 1958. Then based on Government Regulation no. 19 of 1959 concerning the determination of Dutch-owned agricultural/plantation companies subject to nationalization which is explained in more detail in State Gazette No. 31 of 1959 mentions one of the plantations that was nationalized, namely the Bah Birong Ulu tea estate. Bah Birong Ulu Estate are based on PP. No. 19 of 1959 became part of the Sumut III State Plantation Company which later changed to PPN Antan VI in 1963. In 1969 it changed its name to PNP VIII and in 1974 it changed to PTP VIII. On March 11, 1996 it became PTP Nusantara IV based on PP No. 9 of 1996.
Furthermore, based on information from representative Village of Kedai Damar, Paritokan, Bukit Rejo Village, it was known that there is no new compensation and planting on local people’s land.
In conclusion, there’s no any compensation conducted right now by certificate holder.
Status: Comply
4.7 Where it can be demonstrated that local peoples have legal, customary or user rights, they are compensated for