Bad law blamed for forest damage<\/p>\n
Muninggar Sri Saraswati and Musthofid, The Jakarta Post,
\nJakarta<\/p>\n
Indonesia has been overzealous in proving its self-proclaimed
\ntag as a country that is based on law. One indicator is the 500
\nor so overlapping and conflicting pieces of legislation within
\nthe forestry sector.<\/p>\n
Ironically, this has been partly responsible for the
\ndestruction of the country's forests, rather than protecting
\nthem.<\/p>\n
\"Each institution issues and enforces its own regulations. In
\nthe forestry sector, for example, related institutions tend to
\narbitrarily produce their own licenses for forest exploitation,
\nat the expense of the forest,\" Harry Alexander of the Natural
\nResources Law Institute (IHSA), told The Jakarta Post here on
\nTuesday.<\/p>\n
The issuance of individual licenses, coupled with a lack of
\ncoordination among institutions, is, to a large extent,
\nattributable to collusion among officials.<\/p>\n
\"A policy is issued exclusively to gratify the needs of a
\ncertain individual or group, to serve a short-term interest,\"
\nHarry added.<\/p>\n
Forest management is a sector that has suffered from the glut
\nin legislation. Forest management in Indonesia is governed by a
\nhost of law and regulations issued by the Ministry of Forestry,
\nthe Ministry of Energy and Mineral Resources, the National
\nAgrarian Agency (BPN) and regional administrations.<\/p>\n
All of that legislation is supposedly based on Article 33(3)
\nof the 1945 Constitution, which stipulates that \"the earth, water
\nand the natural resources are for the state to use to the benefit
\nof the people.\"<\/p>\n
The result has been overlapping and conflicting laws. In 1960,
\nfor example, the state issued Agrarian Basic Law No. 5\/1960,
\nwhich regulated land, water and space. The law was expected to
\nprovide a basis for several operational laws and regulations on
\nthe three issues.<\/p>\n
The Agrarian Basic Law granted the agrarian ministry, now BPN,
\nthe authority to regulate surface land, everything below the
\nsurface and the space above it. However, the New Order regime
\nunder former president Soeharto issued Forestry Basic Law No.
\n5\/1967, which gave the Ministry of Forestry the authority to
\nregulate forestry affairs, including the issuance of forest
\nconcession rights. The 1967 forestry law, which overlapped and
\nconflicted with the 1960 agrarian law, was replaced by Law No.
\n41\/1999 on forestry.<\/p>\n
Also in 1967, the state issued Mining Basic Law No. 11\/1967,
\nwhich granted the Ministry of Energy and Mineral Resources the
\nauthority to regulate mining affairs. The law also contradicted
\nthe agrarian law.<\/p>\n
Given the above conditions, it is an understatement to say
\nthere is confusion over who is actually responsible for forest
\nmanagement. Worse still, each institution claims to be the most
\nresponsible and legitimate, according to Harry.<\/p>\n
\"It's confusing because there are three basic laws regulating
\nthe same issue. The New Order regime exploited the forests and
\nmines, making these sectors its two major money machines via the
\nconflicting laws,\" Harry said.<\/p>\n
The enforcement of a 1985 regulation jointly issued by the
\nforestry ministry and the mining ministry, which allowed mining
\nin protected forest basins, for example, violated Law No. 5\/1990
\non forest conservation. The 1990 law bans mining and farming
\nactivities in protected areas.<\/p>\n
The most recent controversial legislation was the issuance of
\nGovernment Regulation No. 34\/2002 on forest management, which
\nsupersedes Regional Autonomy Law No. 22\/1999 and revokes the
\nrights of local administrations to manage their forests.<\/p>\n
Given the huge impact of the conflicting laws and regulations
\non Indonesia's forests, Harry called for synchronization of the
\nlegislation.<\/p>\n
\"All that legislation is meaningless when confronted by the
\nproblem of rampant forest destruction,\" Harry said, adding that
\nthe House of Representatives (DPR) should take the initiative to
\nsettle the matter.<\/p>\n
Herry Purnomo, a scientist working at the Center for
\nInternational Forestry Research (CIFOR), drew attention to the
\nshortcomings in forestry law and regulations. He was particularly
\nconcerned about the fate of local and indigenous people who had
\nbeen sidelined by the regulations.<\/p>\n
\"The legislation does not guarantee that the people at the
\noperational sites can make the best of the projects for their
\nwelfare. They are generally being sidelined,\" Herry said.<\/p>\n
Harry concurred, saying: \"Failure to address the preservation
\nof the forest endangers and jeopardizes the indigenous people's
\nlives. What will happen to local and indigenous people today and
\nin future should the forest vanish?\"<\/p>\n
Togu Manurung of Forest Watch Indonesia (FWI) urged a revision
\nof the legislation and better coordination of related
\ninstitutions.<\/p>\n
\"Straighten out the institutions,\" Togu said. \"That's the
\nprerequisite to sustainable forest management.\"<\/p>\n
Indonesia has lost more than 75 percent of its forests over
\nthe past few decades, leaving only 60 million hectares today. For
\nthe past five years, some 43 million hectares of Indonesia's
\nforests, or the equivalent of more than half of Borneo has
\nbeen damaged.<\/p>\n
The World Bank predicts that if the current rapid pace of
\ndeforestation continues, Indonesia could lose Sumatra's forests
\nin 2005, with Kalimantan to follow five years later.<\/p>\n
Legislations related to forest management<\/p>\n
Agrarian Basic Law No. 5\/1960:<\/p>\n
* Agrarian Ministry (now the National Agrarian Agency),
\non behalf of the state, has the authority to manage and regulate
\nthe exploitation of land, water and air.<\/p>\n
* Land refers to its surface, underground and underwater in
\nIndonesian jurisdiction.<\/p>\n
Forestry Law No. 41\/1999:<\/p>\n
* Forestry ministry, on behalf of the state, has the
\nauthority to manage and regulate the exploitation of forests,
\nincluding the issuance of forest concessions in the country.<\/p>\n
Mining Basic Law No. 5\/1967:<\/p>\n
* Energy and Mining ministry, on behalf of the state, has
\nthe authority to manage and regulate the mining activities in
\nthe country, including those on all islands, underwater
\nand on continental shelf.<\/p>\n
Regional Autonomy Law No. 22\/1999:<\/p>\n
* Regional administrations have the authority to manage
\nnatural resources, as well as to preserve resources in their
\nterritories.<\/p>",
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