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To reduce forestry bureaucracy, and to promote national economic development, the government issued an Investment Climate Enhancement Policy Package Presidential
Instruction No. 32006. It was hoped that this package would lead regions and sectors to initiate legal reforms that would be in favor of investors, the public at large, and especially
poor communities.
In the forestry sector, the government has identified several cross-sectoral regulations, including Government Regulations and Ministerial DecreesRegulation issued
by the Minister of Forestry, that are overly bureaucratic. However, the legal reform process will be time consuming and will depend on the central and regional governments’ ability to
implement good governance and coordination of legal reforms. This in turn will depend on successful law enforcement and control from the stakeholders in the forestry sector.
d. Global commitments
Global attention will continue to be focused on the development of Indonesia’s forestry sector. Globally, forest management principles were agreed upon during the Earth
Summit in 1992. These principles were elaborated in various conventions and agreements including the Convention on Biodiversity UNCBD, 1992, the Convention to Combat
Desertification UNCCD, 1994, the Convention on Climate Change UNFCCC, 1994, the Kyoto Protocol 1997, the United Nation Forum on ForestsInternational Arrangement on
Forests UNFFIAF, 2006 and the International Tropical Timber Agreement ITTA, 2006.
Forestry development will be indirectly affected by other conventions such as the Convention on International Trade of Endangered Species CITES, 1978, the Convention
on Wetlands RAMSAR, 1971 and global trade agreements. Global commitments and agreements have a direct bearing on Indonesian forestry
development and stakeholders need a clear understanding of these, so that Indonesia can
benefit from membership in these conventions.
II. 3. Strategic issues for forestry development
a. Good governance
Forestry sector development requires good government that is free from corruption, efficient, transparent and participative in program and policy making, and also consistent in
implementing those policies. Furthermore, public policies and programs must be accountable to the public.
This can only be achieved if forestry stakeholders are actively involve in monitoring government effort in the forestry sector.
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- 50
100 150
200 250
300 350
84 86
88 90
92 94
96 98
00 02
Years 10
00 hec tar
e s
Succeed Implemented
Planned
Source: Statistik Kehutanan 1984-2003 Figure 8. Planned versus achieved reforestation 1984-2003.
40 3-year survival rate is assumed for planted trees
This could be through supervision as well as assistance in assuring that an agreed level of government performance can be achieved.
Furthermore, there is a need for regulations that provide incentives for government officials to perform well, and
disincentives for poor performance. These regulations
must be accompanied by consistent law enforcement so
that poor performance can be detected and corrected early on.
Weak governance has, among other things, led the
government to achieve a low level of success in carrying out
the rehabilitation of land and Forest Areas during the last 20
years Figure 8. Therefore, good governance is an important issue
in future forestry development.
b. Tenure
According to Act No. 411999 concerning Forestry, forest lands that have been designated by the government as Forest Area are under the authority and management of the
Ministry of Forestry. This regulation is in line with Article 33 of the 1945 national constitution, which mandates that “the land, the waters and the natural riches [of Indonesia]
shall be controlled by the State and exploited to the greatest benefit of the people.
Article 67 of Act No. 411999 mandates the government to issue government regulations to manage and guarantee the rights of customary communities living in the
Forest Area and whose existence has been acknowledged. Also, the Basic Agrarian Law Act No. 51960 guarantees the claims of customary communities living in the Forest Area.
A lack of clear regulations on the settlement of conflicts over forest land management between communities and state-appointed parties has led to controversy over
recognition of ownership rights. More issues in this respect surfaced as the government attempted to promote communication between parties with an interest in resolving these
tenure issues.
Tenure issues are often difficult to resolve as some customary adat communities have limited capacity to delineate the extent of their control and ownership rights. Errors in
determining these borders may trigger new conflicts. Thus there is a need for communication between government and other forestry stakeholders to resolve the tenure
issue Figure 9.
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c. Spatial management
