4.2.1; 4.2.2
There is no changes related documented system for dealing with complaints and grievance. Company have Procedure for conflicts, complaints, grievance has been maintained and contained in documents as follows:
SOP for Internal Communication and Handling of Employee Complaints (No. 19 Rev. 2, effective from 02 January 2015). The procedure states that employee complaints are submitted verbally and in writing to the Labor Union. Then the Labor Union Management examines the problem being complained of and as far as possible the problem is resolved at the Labor Union level.
SOP for Handling Customer and Environmental Complaints (No. 13 Rev. 01 dated January 2, 2015). Includes complaints from customers and the surrounding environment received by the head office, complaints received by business units, handling of social unrest in the community, securing demonstrations at the head office. A flow chart is available.
Based on the results of the review of the list of documents for incoming and outgoing letters in 2022 (January-July), it is known that, there is no complaint submitted by the relevant stakeholders to the certification unit. This is evidenced by the logbook in 2022 (January- July) there has been no letter of grievance and complaint submitted by stakeholders during the period. This document in accordance with statements from stakeholders interviewed when the audit was carried out, with the Agencies in Asahan Regency, representatives of the surrounding communities (Sijabut Teratai and Perkebunan Air Batu Village) and contractors (CV Abadi Jaya, CV Putra Mandiri, and CV Batara) who collaborated with the certification unit stating that they had never sent a letter for complaint to certification unit.
Based on an interview with the Surrounding Community (Sijabut Teratai and Perkebunan Air Batu Village), it was found that the
certification unit had conducted socialization to the Village regarding the mechanism for submitting complaint to the certification unit.
If there is a submitting complaint, the village will send a letter or tell the complaint to the certification unit and the response of the request will be provided by the certification unit. In accordance with this explanation, the certification unit already has a record of complaint and there is no existing complaint. Certification unit have person that served as communicators between the company and community so that people who cannot read / write can be informed by the related communicators. In order to conduct consultation and communication with the community, a delegation is appointed with the given authority (in this case, public relation staff for internal/external parties).
Based on this explanation, it can be concluded that the certification unit has procedures/communication systems, complaints and conflict resolutions available for all affected parties, can resolve disputes effectively, in a timely and appropriate manner, and ensure the protection of the identity (anonymity) of the complainant, human rights defenders, community representatives, whistleblowers, if requested, as long as the report is supported by sufficient preliminary evidence.
This system ensures there is no risk of retaliation or intimidation and follows the RSPO policy of respect for human rights and it can be concluded that the certification unit has procedures to ensure the system is understood by affected parties, including those who cannot read and write that are well documented.
4.2.3; 4.2.4
In Indonesia, giving freedom to the reporting party to obtain legal and technical assistance from an independent party is allowed and there is none regulation/procedure in certification unit that forbids it. This was further strengthened by the results of interviews with surrounding communities (Village of Perkebunan Air Batu I/II and Sijabut Teratai Village), which stated that when if their residents had disputes or land claims to the certification unit, the community was given the freedom to ask for legal and technical assistance from independent parties such as lawyers and other parties to manage this matter. This proves that the certification unit in general has carried out its procedures to give the reporting party the freedom to obtain legal and technical assistance from a third party in the event of a dispute.
Based on the explanation and description above, it can be concluded that the certification unit has a conflict resolution mechanism/procedure which includes the option to obtain legal and technical assistance from an independent party, where the reporting party has the freedom to choose a person or group who can support it and/or act as observers as well as the parties may choose the option of involving a third party mediator.
Status: Comply
4.3
The unit of certification contributes to local sustainable development as agreed by local communities.
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 2021. Based on this document, several CSR programs have been implemented, such as:
Provision of necessities during the COVID-19 pandemic, ahead of the holy month of Ramadan and the new year.
Cheap market assistance
Donation of meat to employees around the estate unit on Eid al-Adha.
Scholarship assistance for high achievers and underprivileged
Elementary, middle and high school uniform assistance.
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 Village of Perkebunan Air Batu I/II and Sijabut Teratai 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.
Air Batu Unit does not have a location permit because it is a Long established plantation which originally from of the Dutch colonial N.V. Cultuur Mij. “Serbajadi”, which was nationalized based on government regulation no. 19 of 1959 dated May 2, 1959. This is also in line with the results of an interview with the District Land Office Asahan stated that the land of PTPN IV unit was a former dutch company plantation so it did not have a location permit.
There is no change of document of land use legalities for Air Batu unit, consist of :
- Land use title / HGU Certificate No. 2 dated 17 July 2003 covering an area of 5,615.68 ha, valid until 31 December 2026.
- Land use title / HGU Certificate No. 41 dated 16 May 2013 covering an area of 381.36 ha, valid until 1 January 2034.
- Land use title / HGU Certificate No. 42 dated 16 May 2013 covering an area of 1,155.25 ha, valid until 1 January 2034.
- Land use title / HGU Certificate No. 43 dated 16 May 2013, covering an area of 725.65 ha, valid until 1 January 2034.
- Plantation business permit (IUP) No. 503/IUP/BPPPM/1632/XJ/2012 dated 27 November 2012 for oil palm plantations covering an area of 8,030.41 ha and palm oil mill with a capacity of 30 tons/hour.
The company showed an application for a reduction in the scope of the RSPO Air Batu certification on March 26, 2019 with letter number 04.03/X/03/III/2019 due to problems in the process of preparing the Air Batu Plantation Environmental Document, the area with an area of 459.02 ha was excluded from the scope of RSPO certification until the Environmental document is completed. So that the scope of certification is 7,418.73 ha.
4.4.2; 4.4.3; 4.4.4; 4.4.5; 4.4.6
During onsite assessment, the company has no new land acquisition. The results of interview with local communities are known that there are no indigenous rights or customary rights. This fact also matched with explanation from relevant agency such as National Land Agency and Plantation Agency.
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; 4.5.2; 4.5.3; 4.5.4; 4.5.5; 4.5.6; 4.5.7 and 4.5.8
All main supply base areas (Air Batu Estate) come from concession rights owned by Dutch (Netherland Indie) Government Company, which was taken over and nationalized by the Indonesian Government in 1959. This matter is mentioned in Government Regulation No. 19 in 1959. Furthermore, based on information from representative of Air Batu I/II Village and Sijabut Teratai, 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; 4.6.2; 4.6.3; 4.6.4.
All Business unit is a former of dutch colonial era plantation (N.V. Cultuur Mij. “Serbajadi”), that has been nationalized by government decree No. 19 dated 2 May 1959.
Furthermore, based on information from representative of Air Batu I/II Village and Sijabut Teratai, 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
4.7
Where it can be demonstrated that local peoples have legal, customary or user rights, they are compensated for any agreed land acquisitions and relinquishment of rights, subject to their FPIC and negotiated agreements.
4.7.1; 4.7.2; 4.7.3.
As explained in Indicator 4.5.1, it was mentioned that PTPN 4 Air Batu Estates areas were ex concession from Dutch (Netherland Indie) Government Company and nationalized by the Indonesian Government in 1959. This matter is mentioned in Government Regulation No. 19 in 1959.
Based on consultation public information from representative of Air Batu I/II Village and Sijabut Teratai, it was known that there is no any negotiations concerning compensation for loss of legal, customary or user rights.
Status: Comply
4.8
The right to use the land is demonstrated and is not legitimately contested by local people who can demonstrate that they have legal, customary, or user rights.
4.8.1; 4.8.2; 4.8.3; 4.8.4.
All Business unit is a former of dutch colonial era plantation (N.V. Cultuur Mij. “Serbajadi”), that has been nationalized by government decree No. 19 dated 2 May 1959.
Furthermore, based on information from representative of Air Batu I/II Village and Sijabut 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. In addition, there are no issues related to land disputes both in the company's operational areas and surrounding areas. This is also proven from the results of field observations related to land boundaries.
Status: Comply PRINCIPLE #5 SUPPORT SMALLHOLDER INCLUSION
5.1 The unit of certification deals fairly and transparently with all smallholders (Independent and Scheme) and other