Guiding
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Deutsche Gesellschaft für Technische Zusammenarbeit Abt. 45 / Div. 45 |
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Ulrich Löffler,
(1996): 3.2.3 Further Laws and Government Regulations The Basic Forestry Law in its universally applicable form should be seen rather as a framework which has to be complemented by further laws and regulations. Of particular importance here are: Government Regulation No. 21 / 1970 which controls the utilization of the rights given to concessionaires for a 20-year period for the commercial use of forest resources. [FN 53] Government Regulation No. 7 / 1990 covers the Industrial Timber Plantations (Hutan Tanaman Industri (HTI)). The State can grant an HTI concession right to state-owned enterprises, private sector companies and cooperatives which regulates the utilization of HTI land areas for 35 years plus one rotation of the main species (Article 8). The rotation in the case timber is planted for pulp purposes amounts from 8 years (i.e. eucalyptus sp.) up to 12 years (pinus sp.), and in the case of timber for non-pulp purposes, from 5 years (for wood energy) up to 45 years (shorea sp. and tectona grandis).[FN 54] The HTI concession right can be extended. Article 12 mentions expressly that an HTI concession does not grant ownership and control of the land. The maximum size of the concession may not exceed 300,000 ha for supporting pulp industries, and 60,000 ha for construction wood and other industries (Article 6). The concession can be revoked by the Minister as a sanction before the end of the concession period (Article 16 and Article 18). Article 11 (1) gives the concession holder the right to operate a processing plant in the concession areas and to utilize the wood produced. Two further Government Regulations are of interest here. These are the Government Regulation No. 33 / 1970 on Forest Policy Planning (PP 33 / 1970) and the Government Regulation No. 28 / 1985 on Forest Protection (PP 28 / 1985) which are based on the Basic Forestry Law.[FN 55] Both Regulations and the Government Regulations on the granting of forest production concessions are the basis for the establishment of forest boundaries and the classification of forest land within these boundaries. Regulations have also been introduced for border adjustment at the Kabupaten level. The salient decision here is Decision No. 178 / 1975 of the Ministry of Agriculture, the "General Guide for changing the Border of Forest Areas". This Decision states that the size of the permanent forest areas may not be altered when altering boundaries. Border adjustments must be decided by the Minister who delegates his decision to the Governor and forest officials as long as no very large areas of land are affected by the border alterations. [FN 56] A further regulation concerns the establishment of a Forest Border Committee (Panitia Tata Batas Hutan) at the District level with representatives of various authorities and which is under the chairmanship of the Bupati. This committee at the District level is important for land tenure issues, since "while there is some latitude for recognition of rights to land in Forest Areas, the range of rights available under the law is much narrower than those available under the Basic Agrarian Law."[FN 57] The Government Regulation No. 28 / 1985 for Forest Protection already mentioned above states that forests must be protected so that they can fulfill their numerous tasks. This can likewise be used to deny access to forest resources, in particular also for the activities of communities which live either from or in the forest. In the PP 28 / 1985, damage to or alteration of forest border markings will be punished. The unauthorized utilization of forest areas, such as cutting and harvest of forest products, setting fires and grazing outside the designated areas can be punished with a fine up to 100 million Rupiah or up to ten years prison. In addition, all production tools can be confiscated in the case of such violations.[FN 58] Since 1993 a decree from the Ministry of Forests has been in existence which grants forest dwellers living within the concession areas the right of harvest forest products, including rattan, if the concessionaires and the Ministry of Forests grant permission. Conservation of Living Resources and their Ecosystems (Act No. 5 / 1990) Alongside the Basic Agrarian Law and the Basic Forestry Law, the laws for protection of the environment can also affect aspects of land tenure. The Basic Provisions for the Management of Living Environment Act No. 4, 1982, and the Act No. 5, 1990 concerning the Conservation of Living Resources and their Ecosystems must be mentioned here in particular. In the Act No. 4 / 1982, the basic regulations for the management of the ecosystem and the utilization of natural resources are set down. Act No. 5 / 1990 provides a legal basis for the protection of conservation areas. This law for the protection of Living Resources and the Ecosystems makes illegal use punishable in Article 33. Through this, "legal" traditional utilization rights are also restricted.[FN 59] But one must keep in mind that possibilities of the Government for controlling particularly the out-of-the-way regions is very restricted when, for example, one forest employee with insufficient equipment is responsible for 20,000 ha. Beside the national legal instruments, international conventions related to nature conservation were ratified by the Government of Indonesia, such as the Convention on Biological Diversity, Act No. 5 / 1994. Spatial Use Management Law No. 24 / 1992 The law concerns urban and rural land and includes the national as well as provincial and district level. It contains regulations for spatial use, including water, land use matters, forestry, mining, regional developments, transmigration, industry, fishery, roads, housing and settlements.[FN 60] Further laws and Government regulations for land tenure issues are only briefly listed here. They cannot be discussed further in this context (but are partially contained in the Appendix):
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