[NOTES]: Moratorium Workshop in Indonesia’s Primary Natural Forest and Peatland

Venue: Grand Sahid Jaya Hotel, 16 May 2013

First of all, All the views expressed on this blog are entirely my own, not those of any other person or organization. OK this workshop was most likely attended by government officials with 60 participants in total including press media, NGO, university, and company. Three days before workshop, The Presidential Instruction No. 6/2013 was issued to extend Indonesia moratorium which suspend any new license issuance and the opening of primary forests and peatlands until 13 May 2015. It was also called as Moratorium II which apparently has many similarities with the first moratorium regulation.

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INDONESIAN VERSION : MORATORIUM II

ENGLISH VERSION : MORATORIUM II

Session I was moderated by Hoetomo MPA (Environmental Law Expert/ MoE Deputy for Environmental Law and Institution) and Session II by Bambang Hero Saharjo (Professor of Forest Protection & Dean of Forestry Faculty, Bogor Agricultural University). Workshop panelists were mainly come from Moratorium scheme stakeholders as below with their roles and implications:

1.   Presidential Instruction No 10/2011: Effectiveness of Moratorium in Primary Natural Forest and Peatland.

By Rahman Adi Pradana (UKP4)

UKP4 (President’s Delivery Unit for Development Monitoring and Oversight) made presentation on their Action Plan Achievement for Presidential Instruction No/10/2011 along 2012 – 2013 with their counterparts on moratorium implementation until 20 May 2013. They also explained that Moratorium II has been promulgated without interval time which eliminates chance of new licenses granting. It is valid until 13 May 2015 which focusing on the improvement of forest governance through public participation, innovation (PIPIB), and transparency. Presidential Instruction would be not opposed to higher regulation although doesn’t have any strong penalties (even based on the discussion it should be elevated from INPRES into PP and finally UU so it will be legally binding for stronger law enforcement).

2.   Challenge of Moratorium implementation in Primary Natural Forest and Peatland

By Ir. Yuyu Rahayu, MSc. (MoFor)

Almost similar with UKP4, MoFor presentation summarized most presentation within the day with its challenge and relevance to the future moratorium implementation: (1) basic data variation (data source differences, map shape deformations, & position shifting), (2) lack of communication between regional and central government, (3) detail data variation (map scales, map resources, land cover categories, peatland distributions), (4) land use change dynamics (related to spatial plan), (5) data and information legality. These will need to be improved by elevating map accuracies and law enforcement. Moratorium evaluation should be also implemented for its effectiveness afterward. These are solution for moratorium effectiveness in the future based on MoFor: PIPIB sosialisation, creating effectiveness map to manage disturbed forest, and creating monitoring, effectiveness and monitoring map.

3.   Relevance of Moratorium implementation in Primary Natural Forest and Peatland towards efforts reducing GHG emissions in the Peatlands (Policies and Governance)

By Ir. Hermono Sigit (MoE)

Peatland management and utilization still not considers the principle of ecology and ecosystem characteristics of peatlands and Hydrological Peat Unit (Kesatuan Hidrologis Gambut/KHG). These should be applied with development relevance to economy, sosio-cultural, and environmental important aspect including GHG emission impact.

4.   Reflection on Primary Natural forest and Peatland Moratorium in Indonesia

By Ir. Heru Susanto (National Land Agency – BPN)

BPN is incharged in creation, revision, correction, and data validation of Indicative Map of Suspension for New Licence (PIPIB). BPN recommends that Ministry of Energy and Mineral Resources Republic of Indonesia (MoEMR) to be part of this moratorium scheme because numerous land problems are much related to mining activities. However, there is no sign or recommendation indication Ministry of Agriculture should be part of Moratorium stakeholders. Based on the discussion session, any certification checking can use One Map or PIPIB (shape file) data as their reference.

5.   Flashback on the Moratorium Mapping on the Forest and Peatland: Opportunity and Challenge

By Dr. Priyadi Kardono(Geospatial Information Agency – BIG)

BIG has huge responsibility to integrate diverse spasial data for PIPIB from MoFor (protected forest and license maps), BPN (HGU permit maps), MoA (peatlands maps), Ministry of Home Affairs (MoHA), and applicable data from Ministry of Manpower and Transmigration of the Republic of Indonesia (MoMT), President’s Delivery Unit for Development Monitoring and Oversight (UKP4), and Ministry of Energy and Mineral Resources Republic of Indonesia (MoEMR). There were 3 PIPIB revisions so far and there will be the fourth one on May 22, 2013.

6.   Challenge on the regional moratorium implementation in primary natural forest and peatland

By H. Zulkifli Yusuf, SH (Head of Forestry Agency of Riau Province)

Zulkifli which is also previously Head of BPN in Riau Province shared his thought in the moratorium implementation in the peatlands and ‘primary forest’. Riau already doesn’t have any primary/virgin forest and mostly Logged Over Area (LOA) with its regulation complexities:

  • Ÿ GR No 21/1970 on Forest Logging Concessions and Rights of Collecting Forest Produces
  • Ÿ RR No 10/1994 on Riau Province Spatial Plan – which not acknowledged by MoFor
  • Ÿ GR No. 38/2007 on Autonomous Region – these not applied in Riau because of regulation overlap
  • Ÿ MoFor Decision 173/Kpts-II/1986 – applied in Riau instead RR No 10/1994

ŸLaw 41/1999 – which defined Forest Areas refer to land the Ministry of Forestry designated and/or enacted as permanent forest. In the present time, many Riau forest areas have uncertain status because they are not legally declared. It is suggested that these forest needs to be ratified soon.

7.   Moratorium in Primary Natural Forest and Peatland: Improvement Effort in the Future

By Nyoman N. Suryadiputra (Wetlands International Indonesia Program – WIIP)

WIIP emphasized integrated perception among stakeholders (scientist, local farmers, company, government, and NGOs) on forest and peatland moratorium. There is no clear and legal moratorium definition so far in the presidential instruction or any related act/regulation in Indonesia. In addition, moratorium has been also carried out earlier in Thailand (1988), China (1998), PNG (1999). WIIP also pinpointed their result study from 1990 to 2005 where oil palm opening in the peatland has greater financial lost impact for oil palm companies (e.g. subsidence, tree leaning that will surely reduce tree productivity and Mega Rice Project canal development). Based on WIIP analysis, Presidential Instruction No.6/2013 will need implementation and law enforcement from another relevant policy to be successfully effective.

8.   Impact of Moratorium in Primary Natural Forest and Peatland towards Oil Palm Plantation Sector Development

By Fadil Hasan (Executive Director of GAPKI)

Although previously GAPKI says ‘No’ to Moratorium Extension, Fadil Hasan – which left the room before the discussion panel session – talked on the importance of oil palm plantation with its high economical value and forest governance improvement. He highlighted the needs of optimalisation of critical marginal land and Petrus Gunarso (Tropenbos) quotation of oil palm plantation potency on the peatlands. He also said there are two stigmas/perception that should be changed nowadays; (1). Business sectors which has likely blamed for all deforestation activities and GHG releases and (2). Government with their responsibility burden to make good governance and eradicate regulation overlaps.

9.   Sawit Watch Supports on the Moratorium Extension (INPRES No. 10/2011)

By Bondan Andriyanu (Sawit Watch)   

They pinpointed similarities between INPRES 10/2011 with INPRES 6/2013 which specifically does not apply to:

  • ŸExisting concessions or concessions that already “received approval in principle” from the Minister of Forestry.
  • “National development” projects including: geothermal, oil and gas, electricity, land for rice and sugar cane.
  • ŸThe extension of existing license.

Sawit Watch also underlined three PIPIB revisions only provides the opportunity for investors to whiten errors that have been done. There was land reduction in each revision from 3,769,821 Ha (Nov 2011) to 92,36 ha (May 2012), and finally 485,655 Ha (Nov 2012)). There were also no strict regulation and punishment on the opening of oil palm plantation in the primary forest and peatland. According to Sawit Watch, approximately 11 million hectares peatland in Indonesia is used by oil palm plantation. This was argued by WIIP because their study only shows around 3 million hectares so far. Furthermore, MoA regulation No. 14/2009 controversy on the oil palm plantation opening in peatland area, unclear protection on the customary forest of indigenous and local communities, and no optimal public participation on the supervision carried out by related ministries.

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