INDONESIA LAW AND FOREST TENURE. Basoeki Karyaatmadja Director of Forest Land Use Planning Ministry of Forestry - Republic of Indonesia

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1 INDONESIA LAW AND FOREST TENURE Basoeki Karyaatmadja Director of Forest Land Use Planning Ministry of Forestry - Republic of Indonesia

2 Indonesia has 133,9 million hectares of forest areas and divided based on its main function as Conservation Forest, Protection Forest, and Production Forest. Carries out some activities consist of forest inventory, forestry planning, timber harvesting, forest and land rehabilitation, biodiversity conservation, forestry training and education, research and development, and other activities as assigned by the National Act No. 41 Year 1999 on Forestry. Responsible Agencies in managing the forest in Indonesia a. National level : Ministry of Forestry b. Provincial level : Provincial Forest Service c. Regency level : District Forest Service INTRODUCTION

3 Existing condition of Forest Area Total Forest area by Function (133,9 Million Hectar) HPK (21,89 Juta Ha) HL ( 32,67 Juta Ha HPT (25,22 Juta Ha) KSA/KPA 18,31 Juta Ha HP (35,90 Juta Ha)

4 Luas Penutupan Hutan (93,6 Million Ha) Hutan Lahan Kering Primer 1,657 6,400 2, ,523 39,803 Hutan Lanah Kering Sekunder Hutan Mangrove Primer 35,368 Hutan Rawa Primer Hutan Tanaman Industri Hutan Mangrove Sekunder Hutan Rawa Sekunder

5 Persentage of Forest land cover in Asia-Pacific Thailand 3 % Laos PDR 2% Malaysia 3 % Japan 3 % PNG 4 % Lainnya 11 % China 28 % Myanmar 4% India 9 % Indonesia 13 % Australia 20 % Sumber: FAO, 2009 Total Forest area in Asia Pacific region : 740,4 Million Hektar

6 INDIGENOUS PEOPLES AND COMMUNITIES IN INDONESIA National Act No.41 Year 1999 regulates the acknowledgement of customary people. In article 67, the existing and acknowledged customary people has rights to: a. Utilize the forest resources for daily needs. b. Manage the forest area based on the customary law and not contradicting with the national act. c. Take delivery of community empowerment program for improving the welfare. The acknowledged customary people will fulfil the following criteria: a. Live in a group of people. b. Has the institutional tool and organzation. c. Has a clear customary area. d. Has running law instruments. e. Utilizing the forest resources for daily needs.

7 COMMUNITY DEVELOPMENT IN FORESTRY SECTOR Community Private Plantation Forest, 113,044 Ha, involving 51,789 families. National Movement on Forest and Land Rehabilitation, 1,254,264 Ha, involving 1,254 families, during Community economic development surrounding conservation areas for 425,764 families in 1,333 villages. Community economic development surrounding production forest areas for 1,160 families in 58 villages (29 provinces). Community Empowerment Programme in natural forest production forest concessionaires for 16,015 families and 30,557 families in plantation forest production forest concessionaires. Community forest plantation development, involving 54 groups of forest farmers with the total of 8,614 ha.

8 1. The forest areas for customary forest have communal functions. 2. The management of customary forest will refer to the regulations. 3. The customary forest will not be able to be owned individually. 4. The management of customary forest will be delivered to the local customary community. 5. The management of customary forest will not be able to cooperate with third parties without endorsement from government. 6. Further clear regulations which clarify on the National Act No.41/1999, article 67. (i.e. Preparation of Government regulation on customary forest) TENURE REFORMATION

9 Forest landused allocation (Total Nasional) No. Arahan/Rencana Luas (Hektar) 1. Conservation forest Natural and Peatland Forest Critical Forest Land Natural forest concession and Forest Plantation Forest Allocated for Local Community Forest allocated for ather sector

10 villages in forest areas in 32 prov FORESTRY POLICY DIRECTION RELATED TO COMMUNITY DEV. Rights and access for managing forest to the community = 6,4 million Ha (Planned) Community Forest Collaboration Partnership Rural Forest Customary Forest o o o o o Protection Forest: villages Conservation Forest: villages Production Forest: villages Limited Production Forest: villages Convertible Production Forest: villages. On Going: Community welfare improvement surrounding the conservation areas: families Community welfare improvement surrounding the production forest: families Community Empowerment Programme in natural forest production forest concessionaires for 16,015 families and 30,557 families in plantation forest production forest concessionaires. Community Empowerment Programme in Perhutani for 1,6 million families

11 PROBLEMS OF POLICY IMPLEMENTATION Legal basis uncertainty Unclear customary territory border Lack of Capacity Lack of Institution of customary community Difficult to be accessed

12 thank you