This Act replaces the 1967 Basic Forestry Act on which all subsequent forestry and environmental laws and regulations depend. It takes into account recent legislation on Local Autonomy (1998) and Planning (1992). The Basic Land/Agrarian Law remains unchanged.
Section 2 Principles and Aims
Clause 2: “Forestry is to be based on use and conservation, democracy, justice, co-operation, openness and integration.
Clause 3: “The purpose of forestry is for the maximum benefit of the people (in ways which are) equitable and sustainable. This is to be done by …’optimising’ the balance between the forest’s conservation, protection and production roles in order to sustain its environmental, cultural and economic uses……..”increasing the ability to develop communities’ capacity and resourcefulness in order to create social and economic security……”guaranteeing the equitable and sustainable distribution of benefits.
Section 3: Control of Forests
Clause 4: “All forests in the Indonesian Republic and the resources in them are controlled by the state for the maximum benefit of the people “ (as in the 1945 Constitution). The state has the power to control all aspects of anything to do with forests; to define the limits of the forest; and to regulate people’s interactions with forests. “The state’s control over forests respects indigenous people’s customary rights in so far as these* still exist, are recognised and do not conflict with national interests. (*BI original not completely clear whether customary laws or indigenous communities referred to here.)
Clause 8: The government can confer special status on certain areas of forest. ‘Special Purposes’ include research and development; education and training; and religion and culture, but the special status system still operates within the Production, Protection, Conservation Forest categories.
Clause 9: Every town must have an area of ‘urban forest’ to moderate the microclimate, absorb water and for aesthetic reasons.
Section 2 Forest inventorisation
Clause 13: A survey of all forest resources, including flora, fauna and communities living in and around forests, should be carried out at national and local levels plus for watersheds and ‘forest administrative units’. This inventory is intended to provide the information base for forestry planning.
Section 3 Delineation of forests
Clause 14 & 15: This will be based on the forest inventorisation and is intended to define legally the extent of forest lands. It includes determining, demarcating and mapping land designated as ‘forest’ and will take into account local spatial planning frameworks.
Section 4 Land use planning
Clause 16: The government will determine the function and use of forest lands on the basis of the delineation work outlined above.
Section 5 Establishing forest management domains
Clause 17: Forest management units will be set up at provincial, district/municipality and local levels. These will take into account ecological, social, economic and “community organisation aspects including indigenous peoples and government administrative boundaries. The Minister may allow some units to exceed administrative boundaries because of the nature of the forest”.
Clause 18: At least 30% of all watershed areas must be maintained as forest cover to provide environmental services “and economic benefits for the local community”.
Clause 19: The government can change the status or function of forest land on the basis of “integrated research”. In the case of large, strategically important tracts of forest, such changes must be agreed by parliament.
Section 2/Clause 22 Forest zonation and planning “Forest zonation will be carried out as part of the intensification of forest management, intended to provide greater, more sustainable benefits”. It entails dividing up the forest into blocks according to its ecology, type, function and intended utilisation and then drawing up management plans for a given period.
Section 3 Forest Exploitation (lit: use for advantage) and Utilisation
Clause 23: “The purpose of forest exploitation is to derive the optimum benefit to ensure the well-being of the people in an equitable way while maintaining sustainability”.
Clause 24: “All forest lands may be exploited except nature reserves and the ‘core’ and ‘wilderness’ zones of National Parks”.
Clause 25: Other Protected Forest Areas can be used in accordance with existing regulations.
Clause 26: Exploitation of Protection Forest may take the form of using the area, its environmental services* and collection of non-timber forest products. Forest use licences are required for each type of exploitation. (*Not defined in the Act)
Clause 27: Forest use licences to use the land or gather non-tropical forest products within areas of Protection Forest will only be issued to individuals and co-operatives. Licences to use the environmental services will be issued to individuals, co-operatives, Indonesian private companies and state-owned or local government-owned companies.
Clause 28 & 29: “Exploitation of Production Forests may take the form of using the land, environmental services, timber and non-timber products and usufruct”….Licences will be issued for each form of exploitation. Individuals and co-operatives will be allowed to use the land. Licences to use the environmental services, timber and non-timber products of Production Forests can be issued to individuals, co-operatives, Indonesian private companies and state-owned or local government owned companies.
Clause 30: All private and state-or local government-owned companies must work with local community co-operatives in forest exploitation of all kinds.
Clause 31: Forest exploitation will be limited to protect the forests and sustainable production.
Clause 32: “All Licence Holders in the above categories are responsible for guarding, protecting and conserving the forests they are making use of”.
Clause 33: “Forest exploitation includes planting, cultivating, harvesting, processing and marketing forest products”. Harvesting and processing must not exceed sustainable yields; these will be defined by the Minister.
Clause 34: “Forests can be managed for ‘Special Purposes’ (see Clause 8) by
Clause 36: Private landowners can use their forest in accordance with its functional category. “Customary forest which comes under the functional category of Protection or Conservation Forest can be used as long at this does not disrupt its assigned function.”
Clause 38: “Forest lands can only be used for development needs other than forestry in Protection and Production Forest areas. This can be done without changing the status of the forest. Forest lands can be used for mining through a leasing arrangement issued through the Minister, subject to restrictions on the area, timescale and environmental damage. No open cast mining is permissible within Protection Forest areas. Permission for extensive mines with significant impacts which are deemed strategically important can be granted by the Minister subject to approval by parliament.”
Clause 41 & 42: This includes afforestation; planting shrubs and other plants; species enrichment and various biological and engineering techniques of soil conservation and may be carried out in any type of forest except natural reserves and the core zone of National Parks. Rehabilitation work must be done in an appropriate way and use participative methods in order to “enrich the community and develop their potential”.
Clause 43: “Everyone who owns, manages or exploits forest deemed ‘critical or unproductive’ is responsible for rehabilitating it.” All parties may apply for assistance to Government, non-government and other organisations to do this work.
Clause 44: Forest reclamation involves efforts to improve or restore damaged land or forest vegetation so that it fulfils its designated function.
Clause 45: Where forest lands have been damaged by exploitation, they must be rehabilitated or reclaimed as directed by the government (It is not clear who by). Mining licensees are responsible for reclaiming forests within their concession area. “Parties which use forest lands for non-forestry purposes which change the soil surface and ground cover must pay a reclamation and rehabilitation bond.
Clause 48: Protection of state forests will be carried out by the government. All licensed forest users and ‘special users’ (see clause 34) are responsible for protecting the forests where they work. Landowners are responsible for protecting their own forest. “The community should be involved in forest protection measures to ensure that forests are properly protected.”
Clause 49: Forest licensees or owners are responsible for any forest fires on their land.
Clause 50: It is forbidden to destroy forests or anything intended to protect the forest. It is also forbidden to work in, use or occupy any forest land illegally; to clear forests or to cut down trees less than 500 metres from a lakeside or reservoir, 200m from a water source or river in a swampy area, 100m either side of a river bank, close to gorges or 130 times the difference between the highest and lowest tides on a beach; to burn forests; to fell trees or harvest forest products without authorisation; receive, buy, sell, exchange, store or own any forest products known to have been obtained illegally; to carry out any research or mining exploration/exploitation without the Minister’s permission; graze livestock in forests except where authorised; to bring into forests equipment which could be used to fell trees or remove forest products without authorisation; to discard objects which could cause forest fires; to remove any wild plants or animals from the forests without authorisation.
Clause 51: Some forestry officials will be given special police powers to enable them to protect the forests. These will allow them to patrol forests, examine documents, investigate crimes and bring cases involving forests and forest products.
Section 2/clause 53: The purpose of forestry R&D is to “develop national potential” and the knowledge to manage Indonesia’s forests sustainably and more profitably. “Forestry R & D work will be done by government (bodies) which may work with higher education institutions, the private sector and the community.”
Clause 54: The government will publish results of research and information in conjunction with the private sector and the community. The government must protect research findings but may authorise foreign researchers in line with current regulations.
Clause 55: “The purpose of education and training is to improve the quality of human resources so forestry staff are skilled, professional, dedicated, honest, safe and moral”….”so they can use and develop science and technology in forest management which is equitable, sustainable and based on respect for The Almighty.” The government will create the conditions wherein it, the private sector and community can meet education and training needs.
Part 4/clause 56: “The purpose of public information activities in forestry is to improve the knowledge and skills of the community and change their attitudes and behaviour so that that want and are able to support forest development…Public information work about forestry will be carried out by the government, private sector and the community.”
Part 5/clause 57: “The private sector must invest funds in forestry R & D, education and training and public information. The government will provide forest land for R & D" etc….
Clause 64: “The government and the community will supervise forest management activities which have national and international impacts (A veiled reference to illegal logging and forest fires?)”
Clause 67: “As long as indigenous peoples still live in an area and their presence is recognised, they have the rights to:
Clause 69: “The community must take co-operate in protecting and guarding the forests from destruction. It can request help and support for forest rehabilitation from NGOs, the government or other parties.”
Clause 70: The community has a part to play in forest development. It is the government’s responsibility to promote this…”Local and central government may be assisted in this by a forum of parties interested in forest issues”.
Clause 71: “The community has the right be to take court action through legal representation or report to the legal authorities any forest destruction which adversely affects their lives.….only if these forest management practices contravene existing legislation and regulations.”
Clause 72: “If it is found that the community is suffering from (smoke) pollution or forest destruction to the extent that it affects their lives, the relevant local or central government forestry authorities may take action on their behalf”.
Clause 73: Certain forestry organisations can also take legal action to protect Indonesia’s forests. These “must be legally recognised, have clearly stated in their statutes that they are forest conservation organisations and have carried out such activities”.
Clause 75: The settlement of disputes out of court only applies to restoring rights, compensation claims or methods of forest rehabilitation. NGOs can act as a third party.
Clause 76: “The purpose of legal action in forestry disputes is to reach a decision on the restoration of rights, amounts of compensation or other measures to be fulfilled by the party which loses the case. In addition, the court may impose a fine for every day that these actions are not complied with.”