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sustainability of the forest estate for the nation. The legislation under which the roles and responsibilities of the levels of government are defined, determines
that an accommodation is reached over what land is going to be primarily in the jurisdiction of local government and what land, in the forest estate will remain in
the primary jurisdiction of the central government. There are two questions that are pertinent to resolution of this issue.
. Can agreement be reached between the levels of government to achieve certainty over jurisdiction? The answer to this question requires answers to
two further questions: a. ow much land is required to protect the forest ecosystems of ndonesia
and to allow for sustainable forest industries? Conversely, b. ow much land and what sort of land does the local government need to
have jurisdiction over in order to meet the social and economic needs of the people and its responsibility to offer sustainable development?
. ow should the forest estate be zoned to ensure that it is able to be protected and used sustainably in an environment where it is always likely to be at risk
of encroachment and degradation from people seeking to use it for their own alternative economic purposes?
Answers to these questions are essential to arriving at a framework which will allow for the administration of the REDD scheme in ndonesia as it will define how
the national and sub-national players in any REDD project interact in initiating REDD activitiy, in implementing them in the field and in ensuring that there is
an equitable sharing of the financial benefits of the trade. They will also be very significant to questions of how the REL is set and emission reductions monitored.
4.4.1 The need for certainty between forest land and non-forest land
As local governments seek opportunities for social and economic development, under the opportunities granted to them through decentralized government, there
is a constant tension between the use of forest land determined by the central government and the need for the release of more land to local government. This
tension was first recognized following the release of the first Spatial Planning Act in
and led to a process seeking harmony between local government purposes and forest land purposes. Enactment of this process of agreement to
establish land use certainty began with a Letter of nstruction to Governors from the Minister of ome Affairs in
. owever, it was in the post-decentralization period following
that active negotiation led to agreed forest boundaries in what is termed Padu Serasi between the Minister of Forestry and each Province
Governor, except for the Provinces of Riau and Central Kalimantan. Because these agreements were negotiated at the level of the Province the
resulting Padu Serasi agreements continue to suffer from two key problems: . The agreements are mapped at scales of :
through to : consistent with Province Spatial Plans, but inconsistent and impractical in
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terms of implementation with local government spatial plans mapped at : to :
. . There is continuing disagreement between District Local Government eads
Bupati that their development needs have been acknowledged and addressed
in the completed process. At one level this situation can be interpreted as the Minister acting to retain forest
land, and through this action achieve reduced levels of deforestation. Nevertheless, while the level of tension remains high, the risks of ad hoc forest release into the
future also remain high, as does the certainty over what area of forest and what carbon stock can be guaranteed, and subsequently traded under a REDD scheme.
This situation will remain unclear while there is inconsistency with mapping scales and an absence of reality between what is understood to be the case in central
government and what is actually occurring on the ground. The introduction of REDD into ndonesia provides the opportunity, and potentially the resources during the
readiness phase, to re-examine the Padu Serasi agreements, to reconstruct them at a scale that is consistent with local government spatial planning and to ensure that
there is the greatest level of harmony possible between the functional land use zoning that is required under local government spatial planning and the functional
land planning and management of forest areas within the Forest Land. The opportunity is especially timely because of new spatial planning legislation
in Act which requires local governments to progressively revise their
spatial plans; and the existence of the Government Regulations PP and
its revision PP which provides a framework for licensing the use of forest
land for a range of environmental services as well as timber products. PP and PP also accommodate a greater range of community interests through licenses for
Community Plantation Forests TR , Community Forests Km and Customary Forests Hutan Adat . Used cooperatively this legislation could provide a means of
bringing together national and local government land use planning. Under spatial planning law, local governments identify functional use zones
including areas for settlement Kawasan pemukiman ; areas for agricultural cultivation Kawasan Budaya Pertanian ; areas for cultivation of estate crops
Kawasan Budaya Perkebunan ; areas for forest cultivation or forest retention
Kawasan Budaya Kehutanan . t is significant that the Spatial Planning Act
requires local governments to identify a minimum of of their land area for green space.
Typically, forest vegetation outside the national forest land is most likely to be owned and subject to management by private interests under the shared
jurisdiction of the local government and the Ministry of Forestry PP .
A joint approach to forest land use planning might identify opportunities to consolidate or redraw forest boundaries to ensure the largest areas of contiguous
forest are preserved, thereby minimizing fragmentation.
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4.4.2 Integrating management on Forest land.
