SUSTAINABLE FOREST MANAGEMENT IN INDONESIA’S FOREST LAW (POLICY AND INSTITUTIONAL FRAMEWORK)

Sri Wahyuni

Fakultas Hukum, Universitas Islam Riau E-mail: [email protected]

Abstract

Indonesia Forest Law No. 41 Year 1999 in article 46 states: “Forest protection and nature conservation aim at keeping the forest, forest area and its environment, so that protection, conservation functions and productions, is achieved in an optimal and sustainable”. With all issues that happen in Indonesia, so that Indonesia need to protect their forest and one of the way to do it is Sustainable Forest Management (SFM). SFM is the management of forest according to the principles of sustainable development. SFM uses very broad social, economic and environmental goals. All item of SFM are including also in the Indonesian Forest Law No. 41 year 1999. This paper would like to describe about Legal, Policy and Institutional framework to achieve the Sustainable Forest Management in Indonesia’s Forest Law, with normative research.

Key words: forest, law, forest law, sustainable forest management

Abstrak

Undang-Undang Pokok Kehutanan Indonesia Nomor 41 Tahun 1999 dalam pasal 46 menyatakan: "Perlindungan hutan alam dan tujuan konservasi adalah menjaga, kawasan hutan hutan dan lingkungannya, sehingga perlindungan fungsi konservasi dan produksi tercapai secara optimal dan berkelanjutan". Pengelolaan Hutan Berkelanjutan adalah pengelolaan hutan sesuai dengan prinsip- prinsip pembangunan berkelanjutan. Untuk menjaga fungsi Perundang-undangan terhadap keberlanjutan hutan maka diperlukan Sustainable Forest Management/SFM (Pengelolaan Hutan Berkelanjutan), dimana SFM menggunakan tujuan sosial, ekonomi dan lingkungan yang sangat luas. Tulisan ini ingin menjelaskan tentang Hukum, Kebijakan dan kerangka kelembagaan untuk mencapai Pengelolaan Hutan Berkelanjutan di UU Kehutanan Indonesia, dengan penelitian normatif.

Kata kunci: hutan, hukum, hukum kehutanan, manajemen hutan berkelanjutan (SFM)

Introduction

on and/or increasing carbon dioxide (CO2). 2 Fi- International environmental law as a

res have attracted interest and generated ala- whole is adapting to exogenous changes thro-

rm since the early 1980s. This concern has been ugh an institutional process akin to natural se-

particularly evident in tropical forests of South- lection in biological evolution. However, the

east Asia and the Amazon, but disastrous fires adequacy of the direction and rate of adaptati-

in recent summers in Australia, Europe, and the on for the purpose of safeguarding the integrity

United States have drawn worldwide attention. of Earth’s life-support system is questioned. 1 There remains a lack of clarity about ‘fire prob-

The forest sector plays a significant role in the lems’, which has, at times, led to the adoption accumulation of greenhouse gases (GHG) in the

of policies that may have negative impacts on earth’s atmosphere, and has a potential to play

livelihoods, the environment, and the eco- and even bigger through GHG emission reducti-

nomy. Two ‘simple’ changes in the way fires

2 Willy R Markundi, “Global Climate Change Mitigation 1 Rakhyun E Kim, Brendan Mackey, “International Envi-

and Sustainable Forest Management-The Challenge Mo- ronmental law as a complex adaptic system”, Journal

nitoring and Verification”, Journal Mitigation and International Environmental Agreements, Politics, Law

Adaptation Strategies for Global Change, Volume 2, Is- and Economics, Vol. 14, issue 1, 2014, pp 5-24

sue 2-3, Nov. 1997, pp 133-155

476 Jurnal Dinamika Hukum Vol. 14 No. 3 September 2014

are considered would significantly improve fire- Development in order to be sustainable

essentially means that the very preconditions vely detailed accounts of biodiversity and the

related policies and initiatives, 3 present relati-

for human activity and welfare must be respec- need to adopt conservation strategies to pro-

ted and protected. These conditions are based tect it. However, social and health impacts are

in the final instance on the earth’s capacity to only superficially addressed. The economic sus-

support life. This capacity is dependent on tainability of the operation over multiple cycles

functioning natural systems. Human societies

derive a wide array of important life-supporting seen as a component of land management pro-

is not demonstrated. 4 First, fires should be

and economic benefits from the ecosystems in cesses, rather than as a’ problem’ to be pre-

which they exit 8 and Complex ecological and vented, suppressed, or mitigated; and second,

social processes in tropical forests imply that not all fires are the same.

observations on any single element of the sys- Following an economic crisis in Indonesia

tem do not provide an adequate basis for sound in 1998, forest depletion turned into severe

forest management 9 .

deforestation due to massive illegal logging. An At a minimum, the World Commission inability to enforce the laws, together with col-

stated, sustainable development must not en- lective pressure from local communities during

danger the natural systems that support life on this crisis, marked the decline in the state’s

Earth, adding that were objective limits to dominance and power with respect to forest

what nature could bear. 10 These systems are governance. It is argued that in the specific ca-

generated by a complex interplay of biological, se of environmental policy the initial assign-

geological, and chemical cycles driven by solar ment of rights will seriously affect the final al-

energy and operation across a wide range of

location of resources. 5 This situation highlight-

spatial and temporal. Sustainable development

ed the increasing pressure on the state to take is a term reflecting human, societal, and envi- the voices of other stakeholders into account

ronmental values and in order to determine and to change the existing ineffective gover-

progress toward this goal; it is necessary to nance. Pressure from the other stakeholders,

identify and define these values, and for go- including local communities, university scho-

vernments or other institutions to establish the lars, and local Non-government Organizations

means to assess progress 11 . (NGOs), led to the formation of a new social fo-

A framework of criteria and indicators of

sustainable forest management is being imple- is a positive predictor of “pro-environment” vo-

restry program in 2001 6 and population density

mented in many countries as they move from tes. 7

the former goal of sustainable yields of fibre to the broader concept of sustainable develop-

3 L. Tacconi, P.F. Moore, D.Karmowitz, “Fires in Tropical ment. These frameworks consist of a group of Forests-what really the problem? Lessons from Indone- sia”, Journal Mitigation and Adaptation Strategies for

broad core values, criteria supported by a number of indicators or measures to assess status or

4 Global Change, Vol. 12, Issue. 1, 2007, pp. 55-66, Evaldice Eve, Fransisca A Arguelles, Phillip M.

Fearnside, “How much do Brazils’s Environmental Law work in practice? Environmental Impact Assessment and

ral Interest?”, Journal Public Choice, Vol. 129, Issue 1- the case of the Itapiranga Private Sustainable Logging

2, 2006, pp 131-157

Plan”, Journal Environmental Management, Vol. 26, 8 Brundtland Report, 1987, Report of the World Commis- Issue 3, 2000, pp. 251-267

sion for Environment and Development, Our Common 5 Alessandra Arcuri, “A different Reason for “De-Coasing”

9 Environmental Law and Economics”, Journal European Future, Oxford: OUP Herry Purnomo, Yurdi Yasmi, Ravi Prabhu, Linda Yuli- Journal of Law and Economics, Vol. 20, Issue 2, 2005,

ani, Hari Priyadi, Jerome K Vanclay, “Collaborative mo- pp 225-246

deling to support forest management: Qualitative sys- 6 Tri Lestari Djamhuri, “Community Participation in a so-

tem analysis at Lumut Mountain Indonesia”, Journal cial Forestry program in Central java, Indonesia: The

Small Scale Forest Economics, Management and Policy, Effect of incentive structure and social capital”, Jour-

Vol. 2, Issue 2, 2003, pp 277-292 nal Agroforestry System, Vol. 74, Issue 1, 2008, pp 83-

10 WCED, op.cit, pp. 44-5

11 J-Peter Hall, “Criteria and Indicators of Sustainable Fo- William L Anderson, Daniel A Mizak, “Politics of Envi-

rest Management”, Journal Environmental and Assess- ronmental Law: Political Ideology, Elitism or Urban-Ru-

ment, Vol. 67, Issue 1-2, 2001, pp 109-119

Sustainable Forest Management in Indonesia’s Forest Law (Policy and Institutional Framework) 477

progress toward the realization of these values. associated with minimization of damage to resi- There is a need to define the key elements or

dual stands; a point emphasized, possible in- values to be sustained, and within each of the-

vestment in finding uses for currently non-mer- se criteria, measurable indicators to demons-

chantable species, and accelerated growth of trate progress toward specific objectives. 12 merchantable species in managed stands.

With SFM, non-timber products and ecolo-

The Terminology of Forest Management

gical services may also be exploited, e.g. thro- Sustainable Forest Management (SFM)

ugh carbon trades, bio-prospecting, debt-for- embraces the view of the forest as yielding ma-

nature swaps etc. Social uses of forest may also ny different products and providing many dif-

be taken into account (indigenous peoples). ferent ecological services. Sustainable Forest

Thus SFM is: ‘management of primary or secon- Management will therefore produce an array of

dary forests for the sustained production of products and services which may or may not in-

timber or other products or both in which fo- clude timber. SFM therefore relates to the mul-

rest cover is maintained indefinitely. tiple use of the forest. To a forester, the term ‘management’ could relate to the management

Sustainable Forest Management

of resources, inventorying and yield calcula- The concept of sustainable forest mana- tion, and to silvicultural practice (e.g. climber

gement (SFM) requires forest resource mana- cutting), so that, on some definitions, SFM is

gers to monitor and collect information per- already embodied in good practice timber har-

taining to their environmental, economic and vesting. Again, then, the terminology of SFM is

social impact. There are increasing expectati- not ideal but is retained here to convey the

ons from a variety of publics (government, cus- idea of multi-product uses and with a focus on

tomers, and other stakeholders) that forests be the longer term. While environmental laws can

demonstrably well-managed, creating incenti- provide a “back door” to protect traditional

ves for forest managers to design credible sys- sites and practices, they are not made for this

tems for assessing their management perfor- purpose, and, as such, require specific amend-

mance. It is against this background that local, ments to become more useful for indigenous

national and international approaches to regu- practitioners. 13 lating forest practices have been evolving. This

As noted above, the debate about ap- article reviews the different dimensions of go- propriate forestry mixes two different aspects

vernance as they relate to monitoring and in- of sustainability: first, sustainable timber ma-

formation reporting in the forest sector. Speci- nagement (SFM) in which the focus is on a sus-

fically, it discusses the changing role of sove- tained yield of timber over long time periods;

reignnty, the effects of globalization and the and second, sustainable forest management

emergence of civil society stakeholders in fo- (SFM) in which the focus is on the many pro-

restry-related decision-making. Concepts such ducts and services of the forest sustained over

as sovereignty and globalization have important long periods of time. In sustainable timber ma-

implications for monitoring forest practices and nagement, timber is extracted with regard to a

for defining SFM. Whether SFM standard crea- continuous future supply of wood through in-

tion and enforcement involves a sovereign, sha- vestment in regeneration. SFM also tends to be

red-sovereignty or civil society approach will affect the level and nature of SFM monitoring.

12 Anon, 1995, Criteria and Indicator for the Conservation As a result, we need to better consider the and Sustainable Management of Temperate and Boreal Forests, The Montreal Process, Ottawa: Canadian Forest

concept of monitoring appropriate to the scale Service, p. 27

and intensity of operations, how monitoring 13 Beth Rose Middleton, “Just Another hoop to jump

through? Using Environmental Law and Process to Pro- and information reporting standards differ bet-

tect Indigeneous Rights”, Journal Environmental Mana- ween jurisdictions, and what this means for gement, Vol. 52, Issue 5, 2013, pp 1057-1070

478 Jurnal Dinamika Hukum Vol. 14 No. 3 September 2014

independently verifying SFM at an inter-juris- Criteria and indicators of sustainable fo- dictional level. 14 rest management are widely used and many Sustainable Forest Management is the

countries produce national reports that assess management of forests according to the prin-

their progress toward sustainable forest mana- ciples of sustainable development. Sustainable

gement. There are nine international and re- forest management uses very broad social, eco-

gionnal criteria and indicators initiatives, which nomic and environmental goals. A range of fo-

collectively involve more than 150 countries. restry institution now practice various forms of

Three of the more advanced initiatives are tho- sustainable forest management and a broad ra-

se of the Working Group on Criteria and Indica- nge of methods and fools are available that

tors for the Conservation and Sustainable Mana- have been tested over time.

gement of Temperate and Boreal Forests (also The “Forest Principles” adopted at the

called the Montreal Process), the Ministerial United Nation Conference on Environmental

Conference for the Protection of Forests in Eu- and Development in Rio de Janeiro in 1992 cap-

rope, and the International Tropical Timber Or- tured the general international understanding

ganizational. Countries who are members of of sustainable forest management at that time.

the initiatives usually agree to produce reports

A number of sets of criteria and indicators have at the same time and using the same indica- since been developed to evaluate the achieve-

tors. Within countries, at the management unit ment of SFM at both the country and manage-

level, efforts have also been directed at deve- ment unit level. These were all attempts to

loping local level criteria and indicators of sus- codify and provide for independent assessment

tainable forest management. The Center for of the degree to which the broader objectives

International Forestry Research, the Internatio- of sustainable forest management are being ac-

nal Model Forest Network and researchers at hieved in practice. In 2007, the United Nations

the University of British Columbia has develop- General assembly adopted the Non-Legally Bin-

ed a number of tools and techniques to help ding Instrument on All types of Forests. The ins-

forest-dependent communities develop their trument was the first of its kind, and reflected

own local level criteria and indicators. Criteria the strong international commitment to promo-

and Indicators also form the basis of third-party te implementation of sustainable forest mana-

forest certification programs such as the Cana- gement through a new approach that brings all

dian Standards Association’s Sustainable Forest stakeholders together. 15 Management Standards and the Sustainable Fo-

Criteria and indicators are tools which restry Initiative Standards. can be used to conceptualize, evaluate and im-

There appears to be growing internatio- plement sustainable forest management. Crite-

nal consensus on the key elements of sustain- ria define and characterize the essential ele-

able forest management. Seven common the- ments, as well as a set of conditions or process-

matic areas of sustainable forest management ses, by which sustainable forest management

have emerged based on the criteria of the nine may be assessed. Periodically measured indica-

ongoing regional and international criteria and tors reveal the direction of change with respect

indicators initiatives. The seven thematic areas to each criterion.

are: extent of forest resources; biological diversity; forest health and vitality; productive functions and forest resources; protective func-

14 Gordon M. Hickey, John L. Innes, “Monitoring Sustain- tions of forest resources; socio-economic func- able Forest Management in Different Jurisdictions”, Journal Environmental Monitoring and Assessment, Vol.

tions; and legal, policy and institutional frame- 15 108, Issue 1-3, 2005, pp 241-260

work

Massimiliano Montini, 2008, Sustainable Development within the Climate Change Regime, in Sustainable De-

This consensus on common thematic are- velopment in International and National Law, edited by

as (or criteria) effectively provides a common, Hans Christian Bugge & Christiana Voight, Groningen: Europe law Publishing, p. 525

implicit definition of sustainable forest mana-

Sustainable Forest Management in Indonesia’s Forest Law (Policy and Institutional Framework) 479

gement. The seven thematic areas were ack- It is impossible to separate the economy nowledged by the international forest commu-

from natural resources and the environment. It nity at the fourth session of the United Nations

is difficult to determine whether natural re- Forum on Forests and the 16 th session of the

sources and the environment are part of the Committee on Forestry. These thematic areas

economy or conversely whether the economy is have since been enshrined in the Non-Legally

an element within natural resources and the Binding Instrument on All Types of Forests as a

environment in their daily activities. People as reference framework for sustainable forest ma-

well as other organism; interact with the natu- nagement to help achieve the purpose of the

re and the environment in their daily activities. instrument.

A national account requires to link natural resources and environmental dimension to econo-

Relation between Forest and Economic

mic dimensions, by treating the economy as There is often a gradual transition from

part of the environmental accounting system, the collection of `wild' products in natural fo-

rather than carrying out an economic calcula- rests to enrichment planting in secondary fo-

tion of the environment. Environmental ac- rest and intensively managed home gardens.

counting could be used in the future to step up Reviewing the history of forest manipulation by

and monitor the maintenance of more effective indigenous people and various types of indige-

environmental and resource utilization, so that nous forest management, concludes that there

the desired balance between environmental is an evolutionary continuum in forest-people

and economic objectives could be attained. interactions, during which a process of co-do-

Natural resources and environmental ac- mestication of forests and trees takes place.

counting includes the calculation of all natural Consequently, the natural ecosystem is gra-

resources and environment, both used and not dually transformed into an agro-ecosystem.

used in the production process. Natural resour- This evolution is characterized by increasing in-

ces and environmental accounting includes the put of human labor per unit of forest land and

calculation of stock reserve and natural cha- intensified human intervention in the reproduc-

nges of assets that have economic value. In tive biology of desired species. 16 gaining a clear illustration of the economic pur-

The rate of deforestation is unpredicta- pose of natural resources accounting, especial- ble, because no one provided adequate infor-

ly in its relationship to economic policy formu- mation in estimating the extent of forest cover

lation and development planning, both mone- FAO in 1990 estimates that deforestation in In-

tary and physical accounting must be conduc- donesia about 1.3 million hectares per year,

ted. Due to the difficulties in finding a unit of whereas the World Bank in 1990 a rate of 0.9

measurement for all sectors or types of natural million per hectares. By adjusting the estimates

resources, the compilation of natural resources on this basis, the study derives an alternative

that are considered important and strategic. deforestation rate of 0.6 million hectares per

Bartelmus in 1991 stated the system for year. 17 Lack of action on cross-border environ-

integrated Environmental and Economic Ac- mental problems in developing countries is of-

counting (SEEA) developed by the United Na- ten ascribed to gaps in local capacity and re-

tions Statistical office includes four points. sources, failure of regional cooperation and

First, an economic is system of National Ac-

lack of financial support from rich countries 18 .

count (SNA) which is closely linked to environmental aspects to show the monetary flow, and

16 M.A.F. Ros-Tonen, “The Role of non-timber forest pro- assets related to the natural environment. Se-

ducts in sustainable tropical forest management”, Jour- nal Holz als Roh-und Werkstoff, Vol. 58, Issue 3, 2000,

pp 196-201 environmental problems: the case of Southeast Asian

18 Food and Agriculture Organization, 2001 Haze pollution”, Journal International Environmental Luca Tacconi, Frank Jotzo, R. Quentin Grafton, “Local

Agrement: Politic, Law and Economics, Volume 8,Issue causes, regional co-operation and global financing for

1, 2008, pp 1-16

480 Jurnal Dinamika Hukum Vol. 14 No. 3 September 2014

cond, valuation of environmental use. Third, Because of the insignificant volume of fo- physical data concerning the flow of natural re-

restry insurance business, insurers have com- sources and environmental foods into the eco-

missioned no formal research work. Plantation nomy, as well as, the waste flow of economic

fire loss data are a sensitive commercial issue activity to the environmental. Fourth, to des-

and, while studied, are rarely published. The- cribe natural resources and environmental as

refore data have been collected from compa- accurately as possible to evaluate their utiliza-

nies making insurance applications as well as tion impact on the economy.

during on-site surveys; for this reason data are imperfect as companies rarely keep adequate

Sustainable Forest Management in Indonesia

records of fire losses with respect to either

Forest law (Policy and Institutional Frame-

areas affected or actual financial loss. This lack

work)

in itself is an extraordinary indictment of the On the frontispiece of Rachel Carson’s

attitude to production that would be unthank- 1962 epoch-making book, Silent Spring, we find

able in any other industrial production pro- the following quotation from Albert Schweitzer:

cess. 22

‘‘Man has lost the capacity to forestall and fo- Most important in the implementation of resee. He will end by destroying the earth. 19 Sustainable Development is access to informa- Traditionally, enforcement of environmental

tion and public participation. It prepares citi- law focuses on the use of administrative pro-

zens to become decision-makers, offering basic cedures. Other instruments such as civil envi-

to stimulate creative solutions to social prob- ronmental liability (in the sense of private par-

lems and the development environment, and ty litigation), criminal prosecution, and provisi-

provides a basis for building consensus on im- on of participatory rights in administrative pro-

portant priorities. Governments and agencies cedure are classified as secondary, supportive

governed by transparency, openness, accounta- instruments. 20 The environmental revolution

bility and public participation are better able that began in the late 1960s for the developed

to reconcile the needs of present and future world refocused the economists’ microscope.

generations, balancing private and public inte- Air and water quality, pollution, and related

rests, and align economic development with so- concepts of externalities and public goods cap--

cial and environmental needs. Thus, increased tured the attention of the discipline.

access to information and participation in Forest certification is a mechanism invol-

decision-making will be more likely to lead to ving the regulation of trade of forest products

sustainable development occurs. 23 in order to protect forest resources and im-

The successful socio-economic develop- prove forest management. Although China had

ment and environmental protection can be re-

a late start in adopting this process, the coun- ached if we can place the price resources as an try has made good progress in recent years. As

integrated unit of social, economic, and envi- of July 31, 2009, 17 forest management enter-

ronment. Ideally, we should integrate the view prises and more than one million hectares of

points of three disciplines. First, economist, forests in China have been certified by the Fo-

maximize human welfare within constrain of rest Stewardship Council (FSC). 21 existing capital stock and technologies; second,

19 Bruce Yandle, “Public Choice at the Intersection of En- ronmental Management, Vol. 48, Issue 6, 2011, pp vironmental Law and Economics”, European Journal

1086-1094

law and Economic, Vol. 8, Issue 1, 1999, pp 5-27 22 Phil Cottle, “Insuring Southeast Asian Commercial 20 Christine Godt, “Enforcement of Environmental Law by

Forests: Fire risk analysis and the Potential for Use of Individuals and Interest Groups: Reconceptualizing

data in risk pricing and reduction of forest fire risk”, Standing”, Journal of Consumer Policy, Vol. 23, Issue 1,

Journal Mitigation and Adaptation Strategies for Global 2000, pp 79-105

Change, Vol. 12, Issue 1, 2007, pp 181-201 Jingzhu zhao, Dongming Xie, Danyin Wang, Hongbing

23 Sri Wahyuni, 2012, The Concept of Sustainable Develop- Oeng, “Current Status and Problems in Certification of

ment in Indonesia’s Forest Law, Post-Doc Thesis, Bel- Sustainable Forest Management in China”, Journal Envi-

gium: Vrije Universiteit Brussels

Sustainable Forest Management in Indonesia’s Forest Law (Policy and Institutional Framework) 481

ecologist or environmentalist, preserve the in- quire national and regional policy as a legal tegrity of ecological and overall resilience of

umbrella that can be used as guidance and re- global ecosystem; and third, sociologist put hu-

ference in the management of forest resources man being as the key factor.

in accordance with the constitutional mandate Economic growth is very closely related

set forth in the 1945 Constitution. Article 33 to the availability of natural resources. The

paragraphs (3) of the Constitution of 1945 sta- more rapid the economic growth, the more

tes “The earth and water and natural resources goods and services are required to fulfill human

contained therein is controlled by the State and needs, so those activities will reduce the avai-

utilized for the greatest prosperity of the peo- lability of natural resources. To compensate ve-

ple. Understanding ruled not owned, but a sen- ry rapid development, appropriate manage-

se of obligation and authority contained in pub- ment of natural resources and the environment

lic law.

should be implemented. Therefore, economic State rights in the field of forestry are development has to be environmentally sound

authorized to: 25 first, establish and regulate in terms of sustainable function and availability

the planning, allocation, provision and use of of natural resources and the environment, as

forests in accordance with its function in pro- well as increasing utilization of renewable re-

viding benefits to the people and the State; se- sources to substitute the function of non rene-

cond, set the forest administration in the broad wable resources.

sense; and third, determine and regulate legal Forest as a national development capital

relations person or legal entity to manage the has tangible benefits to the lives and livelihood

forest legal actions and forests. of the Indonesian Nation, whether the benefits

In relation to forest resources and mana- of ecological, cultural or economic, in a balan-

gement, the preceding analysis suggested that ced and dynamic. For the forests must be main-

under current financial conditions, the incenti- tained and managed, protected and used sus-

ves for good forest management and/or refo- tainably for both the public well-being of pre-

restation by the private sector are insignifi- sent and future. Forest management is not just

cant. Therefore, without government interven- specifies the forest as soil protection, climate,

tion, forest depletion as a result of logging will water resources and demand for wood pro-

continue. Fundamental problems are related to ducts. However, forest management should be

an under-pricing of forest resources and weak directed to utilize all the land in the interest of

management of the sector. the State, and even other countries as well.

Specific factors that influence the imple- Thus, it will be understood about the function

mentation of environmental law are as follows: hydrologic, biologic buffers, and soil fertility,

the unfinished boundary, lack of quality and economic, social, cultural, recreation and aes-

quantity of power, ownership and encroach- thetic of the forest as a whole. 24 ment, inconsistent land use designation, the

In this position as one of the determi- existence of settlements in the region, uncon- nants of life supporting systems, the forest has

trolled logging or timber theft, danger fire, provided great benefits to mankind, therefore,

overlapping with plantations, weak oversight of must be preserved. Forests have a role as a

access roads throughout the region, and the counterweight and global environment, so its

lack of coordination between relevant agen- association with the international community is

cies. Local governments need to improve coor- essential to continue prioritizing the national

dination system for each of the relevant agen- interest. As logical consequences of the importan-

ce of securing the protection of forests will re- 24 Forestry Law No. 41 Year 1999

25 Constitutional of Indonesia 1945

482 Jurnal Dinamika Hukum Vol. 14 No. 3 September 2014

cies to implement the protection and conser- tely as possible to evaluate their utilization im- vation of forests. 26 pact on the economy.

Indonesia, as an example, this review During the seventies, Indonesia was the shows how narratives of change and complexity

largest exporter of tropical timber in the cons- linking the subsistence agroecological practices

truction world and sent nearly 300 million cubic of upland communities, deforestation, and bio-

meters to world markets. Influenced by the diversity loss, and the policy interventions that

growth in the domestic wood processing, the result, emerge within several institutionalized

government declared the mid-80s, a national and embedded perspectives, including (a) an

ban on exports to generate economic invest- entrenched political and administrative dis-

ment in further processing stages in the pro- course on modernization and development in

duction of wood veneer. At the end of this de- Indonesia, (b) a subsequent emphasis on the

cade, Indonesia had 132 plywood products, who culturalization or civilization of upland groups

were capable of a production of over 12 million considered backward or primitive, and (c) li-

square meters per year Veneers. Indonesia’s near or equilibrium explanations of upland cha-

wood-based panels industry delivered during nge linking population growth and environ-

the nineties, over 70 percent of tropical ply- mental decline. 27 wood exports in the world and generated an

Development (development) is the appli- average of $ 3.5 billion annual export income 29 . cation of human, financial, and physical resour-

One of the significant initiatives for achi- ces to satisfy human needs and improve the

eving sustainable forest management is the de- quality of life. 28 Development is a demand of

velopment of criteria and indicators (C&I). This human resources, financial and natural resour-

initiative was originally conceived through the ces to satisfy human needs and improve the

Forest Principles and Chapter 11 of Agenda 21 quality of life. Paradigm adopted for this deve-

of the Rio Declaration on Environment and De- lopment is always associated with growth (eco-

velopment. Included in these principles is the nomic), as a dream of developmentalism. This

identification of C&I for evaluating the practice paradigm is still the benchmark, not only in the

of sustainable management. Consequently, this course of the Stockholm Conference on the En-

led to a number of initiatives at the national, vironment in 1972, but also as part of the com-

regional, and international levels (e.g., The promise attitude developmentalism with envi-

Helsinki Process, The Montreal Process, The ronmentalism at the Earth Summit in Rio de

Amazon Cooperation Treaty: Tarapoto). Several Janeiro.

expert meetings have been convened for the With increasing population pressure and

purpose of developing C&I both at the national the need for continuing growth in employment

and international levels (e.g., FAO/ITTO Expert and exports, a number of issues have emerged

Meeting on the harmonization of Criteria and in the management of Indonesia’s forests that

Indicators; FAO/CCAD: Comision Centroameri- includes: first, the rate of deforestation; se-

cano de Ambiente y Desarollo Expert Meeting cond, the sustainable management of the pro-

on Criteria and Indicators for sustainable mana- duction forest; third, the welfare of forest

gement in Central America, Teg ucigalpa, Hon- dwelling communities; and fourth, as accura-

duras, January 1997; UNEP/FAO Expert Meeting on Criteria and Indicators for sustainable ma-

26 Sri Wahyuni, 2007, Rechtprbleme der Tropenwaldbe- nagement in Dry-Zone Africa) 30 .

wirtschaftung in Indonesien, Germany, WVD, Berlin: Universiteit Bremen, p. 50 27 Derek Armitage, “Nature–Society Dynamics, Policy Nar-

29 Sri Wahyuni, “The Concept of Sustainable Development ratives, and Ecosystem Management: Integrating Pers-

in Indonesian’s Forest law (Case Study: Tesso Nilo’s Na- pectives On Upland Change and Complexity in Central

tional Park in Pelalawan Regency, Riau Province, Indo- Sulawesi”, Indonesia, Journal Ecosystem, Vol. &, Issue

nesia)”, International Journal on Environment and Ru- 28 7, 2004, pp 717-728

ral Development, Vol. 2, Issue 2 2011, p 55 Butterworths Concise Australian Legal Dictionary,

30 Gordon M. Hickey, John L. Innes, “Monitoring Sustain- Second Edition, Sydney-Perth, 1998

able Forest Management in Different Jurisdictions”,

Sustainable Forest Management in Indonesia’s Forest Law (Policy and Institutional Framework) 483

C&I can be viewed as tools that can be actions, livestock, fire, natural hazards, pests used to collect and organize information in a

and diseases, as well as and safeguards the rig- manner that is useful in conceptualizing, evalu-

ht of nations, communities and individuals over ating, implementing, and communicating susta-

forest, forest area, forest products, investment innable forest management. These C&I are en-

and instrument related to forest. visioned to be used for a variety of purposes in-

Forest as part national natural resources cluding; (1) monitoring forest management, (2)

has a meaning and an important role in various accrediting or certifying forest industries with

aspects of social life, development and envi- respect to how well they are managing their

ronment has been accepted as an international forests, (3) serving as a guide to forest mana-

agreement, that the forest is an important fun- gers in order to help them achieve better ma-

ction for the life of the world. Forests have be- nagement of their forests, and (4) aiding forest

nefits for life the forest is assured of its exis- institutions in marshaling their resources by

tence so that can function. targeting areas that are most in need of reme-

Forests not only as natural resources that diation. Protection of forests according to Fo-

support economic development, but also as a restry Law No. 41 year 1999, Article 46 states:

natural resource that support the preservation “Forest protection and nature conservation

of cultural and social environment. Environ- aimed at keeping the forest, forest area and its

mental damage is due to the activity of human environment. So that protection, conservation

activities that cause disruption to the ecosys- functions and production functions, is achieved

tem of the environment, causing changes in in an optimal and sustainable”. Sustainable Fo-

physical properties of biological of life, so that rest Management (SFM) requires information on

the reduced function of this environment. It plant growth and nutrient dynamics in forest

can occur as a result of illegal logging are re- ecosystems. 31 sult of forest to barren, so wait for the function

From the article mentioned above con- of forests as watersheds and also cause erosion. firms that the implementation of forest protec-

Therefore, awareness of environmental tion functions are intended to preserve the

law is needed by all stakeholders, including go- conservation of forests in order to remain sus-

vernment, private sector and the community, tainable, and are concerned with the conser-

whether its conservation and management, in vation of natural resources and its ecosystem is

essence people should have a high awareness of set according to statutory provisions. Article 47

the law, because humans have a biological or confirms that the protection of forests and fo-

sociological relationship is directly with the rest areas is an attempt to: (2) to prevent and

environment in which he be, since he was born limit the damage to forests, forest areas, and

until death. But awareness of the laws still in- forest products caused by human actions, live-

fluenced by several factors, such as economic, stock, fire, natural hazards and disease pests,

and cultural and others. Therefore, the need and (3) maintain and safeguard the right of

for strategic efforts to raise awareness that nations, communities and individuals over.

law, both in terms of human mental and terms According to Government Regulation

of the policy. Synergies are both important, be- Number 45 of 2004 Article 1 Paragraph (1):

cause the awareness that there is a growing “Forest protection is an attempt to prevent and

law because it is in accordance with the values limit the damage to forests, forest area and

espoused. For example, people who like the forest products, which are caused by human

clean life, then he wills no litter. Legal awareness can also grow because of fear of the sanc-

Journal Environmental Monitoring and Assessment, Vol. 108, Issue 1-3, 2005, pp 241-260 31 Cahyono Agus (eds.), “Sustainable site productivity and nutrient management in a sort rotation plantation of Gmelina Arborea in East Kalimantan, Indonesia”, Jour- nal New Forest, Vol. 28, Issue 2-3, 2004, pp 277-285

484 Jurnal Dinamika Hukum Vol. 14 No. 3 September 2014

tions imposed. This false consciousness that and limit damage to forests, forest areas, and many are owned by the community. 32 forest products caused by; second, human ac-

Regardless of the cause of legal aware- tions, livestock, fire, natural hazards, pests and ness is emerging, which is dangerous if it has no

diseases; and third, maintain and safeguards awareness of the law but then decreased even

the rights of the State, society, and individuals lost to external factors, such as law enforce-

over the forest, forest area, forest products, ment is not strict and selective logging. This

investments and instruments pertaining to would lower the legal consciousness of society

forest management.

and cause public mistrust of the law. Thus, According to Government Regulation No. efforts to foster awareness of the law are not

28 of 1985 juncto Government Regulation Num- enough to prosecute people, but also must be

ber 45 of 2004 states that: “Forest protection is accompanied by models and law enforcement.

an attempt to prevent and limit the damage to Humans, both his position as a member of the

forests, forest area and forest products, which community, as entrepreneurs, as law enforce-

are caused by human actions, livestock, fire, ment officers, as well as the makers/decision

natural hazards, pests and diseases, and to de- makers, must have the awareness of environ-

fend and safeguard the rights of the State, mental law although gradually, from just know-

communities and individuals over the forest, ing to obey and respect the various provisions

forest area, forest products, investment and of existing environmental laws. 33 instruments related to forest management”.

Recognizing the importance of forest re- The purpose of forest Protection, as men- source management arrangements on an on-

tioned in Article (5) Government Regulation going basis, as an umbrella law and guidelines

Number 45 Year 2004 is: forest protection aims for the management of forest resources and for

to preserve forests, forest products, forest area securing the protection of forest, the govern-

and its environment, so that protection, con- ment has issued Law No. 5 of 1967 on basic pro-

servation functions and production functions, is visions forestry and government regulation No.

achieved in an optimal and sustainable. While

28 of 1985 on Forest Protection, which is then the principles of forest protection are listed in updated with Law Number 41 Year 1999 on

clause (6) include: first, prevent and limit da- Forestry.

mage to forests, forest areas, and forest pro- As an elaboration of the Forestry Law no.

ducts caused by human actions, livestock, fire,

41 of 1999, the government also has issued Go- natural hazards, pests and diseases; and se- vernment Regulation No. 34 of 2002 regarding

cond, maintain and safeguards the rights of the the Law and Forest Management Planning, Fo-

State, communities and individuals over the forest Utilization and Use of Forest, Government

rest, forest area, forest products, investments Regulation No. 35 of 2002 on the Reforestation

and instruments pertaining to forests manage- Fund, Government Regulation No 44 Year 2004

ment.

on Forestry Planning and Government Regula- With the implementation of Forestry Law tion Number 45 year 2004 on the Protection of

Number 22 Year 1999 regarding Regional Go- Forests.

vernment, which was then in the revision by In the Forestry Law No, 41 year 1999,

Act No. 32 of 2004, the local government or lo- Article 47 states that: The protection of forests

cal communities have a greater opportunity to and forest areas is an attempt to: first, prevent

participate in the management of forest resources and forest protection following security

32 Sri Wahyuni, “Sustainable Development in Indonesian and law enforcement. This means that people

Environmental Law, Lesson from Germany’s Sustainable have not only rights but also obligations re- Forst Management Practises”, International Journal on Environmental and Rural Development, Vol. 2, Issue 2,

quired.

33 2013, p. 35 The existence of this decision is a positi- Sri Wahyuni, Dissertation, loc.cit. p. 75

ve step as a follow-up mandate of Law Number

Sustainable Forest Management in Indonesia’s Forest Law (Policy and Institutional Framework) 485

41 year 1999 on Forestry. The policy should be According to Article 2 of Forestry Law No. followed by concrete measures of surveillance

41 year 1999 sates: Forest governance based on and increase enforcement in the forestry sec-

principles of benefit and sustainability, demo- tor, in order to issue policies on forest protect-

cracy and justice, togetherness, openness and tion as set forth in Forestry Law Number 41

integrity. Forest governance and sustainable year 1999 can be complied with and implemen-

benefits, meant that any implementation of fo- ted by the Government and local law enforce-

restry administration attention to the balance ment agencies with the group community gro-

and sustainability elements of the environ- ups, meaning that people should be empowe-

ment, social and cultural as well as economic. red in such a way as well as responsible for the

Forest governance based on populist and implementation of conservation and protection

justice meant that each of forestry administra- of forests so that the implementation of any

tion should provide opportunities and equal op- policy on the management of forest resources

portunities to all citizens according to his abili- and forest protection law enforcement can

ty, so as to increase the prosperity of all peo- work well. Because one factor among others,

ple. Forest governance together, are intended due to weak controls have not been coordina-

to apply the pattern in the organization of ted surveillance and law enforcement field, be-

forestry joint venture so interwoven intercon- sides that it is still low awareness of the legal

nectedness and interdependence in synergy community itself.

between local communities and state enterpri- With the issuance of Forestry Law Num-

ses, in order to empower small and medium en- ber 41 year 1999 regarding Forestry then follo-

terprises and cooperatives. Forest governance wed up by the Government No. 34 of 2002 on

disclosure, are intended to include any activity Forest

of forestry administration and the aspirations Utilization and Use of Forest, Government Re-

and Forest

Management,

Forest

of the community.

gulation Number 44 Year 2004 on Forest Plan- Integration of forestry administration me- ning. But the reality to date, forest encroach-

ant that every forestry operation conducted in ment, forest fire, illegal logging, illegal land

an integrated manner with due regard to natio- still held in nearly all the country site, the Sate

nal interest, other sectors and local communi- forest encroachment by a group of both the im-

ties. The purpose of forestry administration migrant community which makes oil palm plan-

listed in Article of Forestry Law No. 41 year tations, forest and land fires almost every years

1999 which states that the implementation of during the dry season occurs. And that became

forestry aims for the greatest welfare of the the central and crucial issue is illegal logging

people a just and sustainable by: first. Guaran- and illegal land continues.

tee the existence of the forest with an area of Illegal logging activity practically reached

considerable and proportional distribution; se- dangerous levels, in additional to decreasing

cond, optimizing the variety of functions which quality of environmental diversity, and resulted

includes functions forest, protection forest and in a national forest degradation and loss of bio-

production functions to achieve the environ- diversity conservation. Besides, the right of the

mental, social, cultural and economic balance State as forest concessions that have been fel-

and sustainable; third, increasing the carrying led there is no input to the State, and weake-

capacity of the watershed; fourth, increasing ning the integrity of corrupt officials. Various

capacity to develop and empowerment through factors driving the occurrence of illegal logging

participatory, equitable, and environmentally include: timber demand continues to increase;

friendly so as to create social and economic re- geographic conditions of Riau Province; lack of

silience and resistance to external change; and supervision and coordination; availability of

fifth, ensuring equitable distribution of bene- dark market; and community sector social

fits and sustainable.

conditions are still poor and unemployed.

486 Jurnal Dinamika Hukum Vol. 14 No. 3 September 2014

There are three elements contained in of forests and forest preserve and nurture wild- the formulation of forest law, namely: the ru-

life tours and hunting; third, conduct an in- les of forest law, whether written or unwritten;

ventory of the forest; and fourth, conducting set the relationship between the State with

research on forests and forest products and forests and forestry; and set the relationship

benefits, as well as socio-economic research between individuals with forests and forestry.

the people who live in and around the forest. Countries in the field of forestry right as set

In article 11 of Forestry Law No. 41 year forth in article 4 of Forestry Law no. 41 year

1999 stated that:

1999 are authorized to:

1. Forestry planning is intended to pro-

1. All forests within the territory of the vide guidance and direction to ensure Republic of Indonesia, including the

the achievement of the objectives of natural riches contained therein are

forestry

controlled by the State for the grea-

2. Forestry planning undertaken in a test prosperity of the people.

transparent, accountable, participato-

2. Forest control by the State as referred ry, integrated and attention to spe- to in paragraph (1) authorized the Go-

cifics and regional aspirations. vernment to:

a. Set up and take care of everything Forestry planning according to Article 1 para- related to the forest, forest and fo-

graph (1) Government 44 of 2004 on Forestry rest products

planning is a process of goal setting, determi-

SUSTAINABLE FOREST MANAGEMENT IN INDONESIA’S FOREST LAW (POLICY AND INSTITUTIONAL FRAMEWORK)