Proposed of Intervention
‐ Although the national regulations have legalized the Leuser Ecosystem , however,
the local decree at the provincial level of Perda and or Qanun is required
to further strengthened the Leuser Ecosystem status. The need of this
Perda and or Qanun is to ensure that all activities and policies at the local levels
will ensure to refer to this Leuser Perda and or Qanun. ‐ An awareness programme is required to ensure that all government officials
and communities aware of the legal status of the Leuser Ecosystem in the
field. Activities:
‐ Academic study should be made. Meetings with executivesgovernment to propose
the Qanun is required. The public hearing is to consult with communities
and other stakeholders. The meetings with parliaments should be
made to ensure that the Qanun is accepted and endorsed. ‐ The awareness programmes is required to be made at the 17 kabupatens in
North Sumatra and Aceh. The target groups, means of documents, and tools
of information for awareness need to be established.
II. CURRENT LEGAL FRAMEWORK
2.1.
Authorities managing LE
Despite the legal status has been confirmed by the government, however, authorities managing Leuser Ecosystem are overlapping. These authorities and
or executing agenciesare comprised of central government institutions, local t
government institutions and private ins itution. The central government institutions identified as having responsibility for
managing conservation areasare the Balai Besar Taman Nasional Gunung Leuser BBTNGL , Balai Konservasi Sumber Daya Alam BKSDA . They are called UPT
Unit Pelaksana Teknis of PKA under Ministry of Forestry. n addition to these UPTs, there are some other UPTs,alsounder Ministry of Forestry which are
working and or conducting activities in the Leuser Ecosystem. They are BPDAS, Balai Pemantapan Kawasan utan BPK , and BP P. owever, these later
organizations are not executing institutionsin the Leuser Ecosystem rather having role as coordinating institutions which also to support the role the
BBTNGL and BKSDA in certain sectors inside the Leuser Ecosystem.
The BBTNGL has a function to manage the Gunung Leuser National Park TNGL . The current legal basis for the BBTNGL is the Minister of Forestry decree year
in addition to Act No. year
. Under the management plan
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established by the Ministry of Forestry, the BBTNGL has the role and responsibility to manage the conservation, preservation, protection and
sustainable utilization of the TNGL. ts furtherimportant responsibility is to manage and safeguard the Gunung Leuser National Park. The BBTNGL has to
ensure the law enforcement within the TNGL is upheld. The BKSDA has a function to manage all other conservation areas outside of
TNGL. ts primary function is to manage and safeguard the conservation areas in the provincial level.
Conservation areas managed by BKSDA are the Nature Reserves Cagar Alam , Wildlife Sanctuary Suaka Margasatwa , unting Park Taman Buru ,
TamanWisata Alam Nature Recreational Park . Due to the nature of Leuser
Ecosystem situated in the North Sumatra and Nanggroe Aceh Darussalam NADACE , the BKSDA institutions involve in the management parts of this
area are the BKSDA of North Sumatra and the BKSDA of NAD. The followings are some noted conservation areas outside of TNGL but within
the Leuser Ecosystem in the North Sumatra. They are the Nature Reserve of Sibolangit Regency of Deli SerdangKaro and Aras Napal areas Regency of
Langkat . Whereas in Aceh, they are the Wildlife Sanctuary Rawa Singkil Regency of Singkil , the Nature Reserve Serbajadi East Aceh and unting Park
Linge saq Regency of Central Aceh . Until present time, these central government UPTs are executing their activities
in their respective areas inside the Leuser Ecosystem. The BBTNGL is executing activities in the TNGL, whereas the BKSDA SUMUT and ACE are executing
activities in the conservation areas outside of TNGL but inside of the Leuser
Ecosystem respectively in North Sumatra and Aceh. The local governments of Acehand North Sumatra have different autonomy
regulations implemented by both provinces. Whereas the North Sumatra have similar legal basis with other provinces in ndonesia, the autonomy affairs for
Aceh is distinguished. The Aceh Province is the only province in ndonesia which has specific regulation for the autonomy affairs under the Act No. year
. As a result, Aceh province has specific institutional approach for the Leuser
Ecosystem.
Article , , of Act No. year regarding Conservation of the living nature and their
ecosystems, the conservation areas are comprised of the Nature Reserve Areas Kawasan Suaka Alam and the Nature Conservation Areas Kawasan Pelestarian Alam and unting Park Taman
Buru . The Nature Reserve Areas comprised of Nature Reserves Cagar Alam and Wildlife Sanctuary Suaka Margasatwa . Whereas the Nature Conservation Areas comprised of National
Park, Grand Forest Park Taman utan Raya and Nature Recreational Park Taman Wisata Alam
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Under Article of Act No. year
the central government delegating or providing duties for the local government of Aceh to manage the Leuser
Ecosystem.Three months after the issuance of this Act, the Governor of Aceh has issued a Governor Decree PERGUB No.
year , concerning the
establishment of the Management Board for the Leuser Ecosystem or Badan Pengelola Kawasan Ekosistem Leuser BPKEL .
Under this Pergub, the Leuser Ecosystem in Aceh is to refer to the Presidential Decree No. year
with field boundary demarcation as legalized by the Minister of Forestry No.
year with the total area in Aceh of 2.255,577
ha
of various land uses in it. According to the PERGUB No. , BPKEL has duty among others to manage the
Leuser Ecosystem with the activities to conserve, protectsafeguard, rehabilitate, i
t u mon tor and o se sustainably the ecological services.
The BPKEL is to manage the Leuser Ecosystem which comprise of TNGL, conservation areas outside TNGL, other protection forests and production
forests.
Other local institutions managing Leuser Ecosystem are the Dinas Kehutanan. Dinas Kehutanan are institutions created under the Governor of Aceh at
provincial level and the Kabupaten levels.n practice, Dinas Kehutanan responsibles for managing Protection Forest, Production Forest, and Grand
Forest Park in the Leuser Ecosystem.
The role of Dinas Kehutanan is determined under Qanun No. year
regarding Forestry in the Province of Aceh. Article of this Qanun clearly
mentions, among others; to protect and conserve the forest functions, conduct the management plan, rehabilitate, and manage the licenses in forestry sector.
Article of this Qanun has also provided the power of the Provincial Dinas Kehutanan to supervise, monitor and evaluate forestry activities conducted by
cityKabupaten Dinas.
nside the Leuser Ecosystem in Aceh, there are Dinas Kabupaten levels
involve in the protection forest in Aceh Province, in addition to Dinas level.
Kehutanan at the provincial
Article of Act No. determines Governor of Aceh and Kabupatencity may establish
institution, board, andor commission according to this Act and with the consent of local parliaments DPRADPRK , except under the authority of the executive government. The
establishment of institution, board, commission as mentioned above should be made under anun Aceh Perdalocal decree or Kabupatencity.
Q
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Similarly, in the Province of North Sumatra, there are Dinas Kehutanan at kabupatens Langkat, Karo, Deli Serdang, Dairi and in the provincial level
within the Leuser Ecosystem. Due to the nature of Leuser Ecosystem contains also these types of forests areas,
the Dinas Kehutanans are also important executing agencies in the Leuser Ecosystem for protection forest, production forest and grand forest park outside
of TNGL and outside other conservation areas Nature Reserves, Wildlife
sanctuary, Nature Recreational Parks, unting Park . Given the fact that there are other non forest areas inside the Leuser Ecosystem
which are defined as Areal Penggunaan Lain Other Utilization Areas such as land under private ownership ak Milik , Land Use Rights ak Guna Usaha
GU , Building Use Rights ak Guna Bangunan ,Use Rights ak Pakai , etc, therefore the National Land Agency Badan Pertanahan NasionalBPN is in
charge to ensure the proper administration of these non forest areas well
maintained.
Proposed of Intervention
: Strengthening
Authorities Managing the Leuser Ecosystem 1.
Government Regulation in the form of PP is required to ensure that the conflicting
regulations and management of the Leuser Ecosystem is ended. The
PP will also to determine the technical guidance of planning, procedure for
the implementation of the PP. 2.
In the absent of the PP for final handover from central government to Acehand
Qanun for BPKEL and Leuser Ecosystem, all executing parties involve in
the management of the Leuser Ecosystem should form an Memorandum of Understanding
and or agreement for a coordinated action plan. This is to ensure
that the overlapping matters may not necessary resulting further destruction
of the Leuser Ecosystem.
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The MoU is required to put some roles for
each institution such as coordinator, enforcement, mediator, and other agreed
roles amongst the institutions.
III. MAIN PROBLEMS
