Suer Suryadi discusses the importance of strengthening legal frameworks in Indonesia to protect biodiversity

1. Strengthening Legal Framework on
Oil Palm Plantation in Indonesia:
Preliminary results
Suer Suryadi
Noviar Andayani
Nick Brickle
Wildlife Conservation Society
Indonesia program

2. The earth has resources to meet
everybody’s need but not anybody’s greed
(Mahatma Gandhi)

3. non forest area
Forest area
Gunung Leuser
National Park

4. Just background
Growing oil palm plantation
Demand for sustainable palm oil
Balancing economy, ecology, sociology
Violation of regulations can occur in every step
of plantation development
Location permit in protection area
Planting without HGU, without forest release license
forest clearing without timber exploitation license
No progress report along the process
Minimal monitoring and control within agency
and inter-agencies
inter-

5. Previous study
Oil Palm, Biodiversity & Indonesian Law
Spatial Planning
Finance
Policy Barriers

6. Objectives
To identify key issues in targeted sectors
not fully regulated by GoI
To identify implementation barriers in
targeted sectors
To identify potential conflicts among
regulations in targeted sectors
To provide policy recommendations as
well as academic draft/legal draft

7. Regulations
for Oil Palm Plantation
In APL/non-forestland/Other Purpose area
APL/non-
Basic Agrarian Law
Plantation Law
Environmental Law
In National Forestland
Forestry Law
Basic Agrarian Law
Plantation Law
Environmental Law
Others: Company, Investment, Labor, Tax, etc

8. Sectoral legislations
Spatial Planning
Act: 1 GR: 2 MR: 2
Agrarian/Land
Act: 1 GR: 3 MR: 7
Forestry
Act: 2 GR: 5 MR: 11
Agriculture
Act: 2 GR: 2 MR: 4
Environment
Act: 1 GR: 3 MR: 8

9. Forestry map
Map:
Map: Forestry, National Land Agency, Land-use
Land-
map (regional spatial plan). 4-16 million ha
4-
different
Unclear forest boundaries + hunger of land
Urgently need reliable single forest map for all
stakeholders
Clean and clear mechanism to designate forest
use, boundaries, conflict resolution, forestland
swap, forest release (relinquishment)

10. Regional spatial planning
Provincial/District Regulation, supervise by M Public
Works and Coord Body for National Spatial Planning
Act 26/2007: All Provincial and District Spatial Plan must
be completed in 2010
Dec 2010:
20 out of 33 provinces have been approved by M Public Works.
7 out of 20 provinces have issued Provincial Regulation
22 out of 398 districts have been approved by M Public Works,
143 are being reviewed, 233 are being revised
Reason: moment to change the status of forestland into
non-
non-forestland. Need approval from M Forestry

11. HCV
by Company or Government?
Company
Encouraged by RSPO P&C. ISPO?
For certified RSPO members, big company
Cost without Incentives from market and government
Potentially encroached? Idle land? Conflict 2 GR of
agrarian law.
Government
to protect hydrological function. PD 32/1990
APL << forestland (conservation & protection forest)
District/Province need income generation
depend on leadership. Forest is barrier for development
Third party’s involvement? RSPO, NGOs/CSR?

12. HCV in Indonesia
No specific regulations for HCV & guideline from
GoI
General rule available in Act 5/1990, Act
32/2009, PD 32/1990 to protect species,
habitat/ecosystem and hydrological function E.g.
100 m from river banks. Implementation?
Implementation?
Agrarian law not support HCV
HCV in RSP as strategic area should not be
allocated for other purposes.
HCV has been mentioned in the draft of new
conservation law to replace Act 5/1990

13. ISPO
M Agriculture Decree No. 19/2011
Mandatory, commitment to sustainable, emission
reduction
No ISPO certificate = not comply to RSPO P2.
Try out in 20 companies in 2011, start 2012-2014 for all
2012-
companies & smallholders
G to G relationship. Approach foreign countries
Certified by ISPO Commission
Export to China India, sustainable product version ISPO
What happen if company/small holders don’t get ISPO
certificate?
Transparent? Check this out www.ispo-org.or.id
www.ispo-

14. Org structure of ISPOC
ISPOC
Verification Team
Secretariat
Administration Technical Promotion Conflict Resolution

15. ISPO-
ISPO-RSPO
ISPO, 7 principles, 29 Criteria RSPO, 8 principles, 39 criteria
Mandatory, M. Agriculture No.19/2011 Voluntarily
P1. Licensing & Management System: 7 P1. Commitment to transparency: 2 criteria
criteria
P2. Implementation of guideline on P2. Compliance with applicable laws &
agronomical practices and oil palm regulations: 3 criteria
processing: 2 criteria
P3. Environmental Management & P3. Commitment to long-term economic &
Monitoring: 10 criteria financial viability: 1 criterion
P4. Responsibility to workers: 5 criteria P4. Use best practices: 8 critera
P5. Social & communities responsibility: P5. Environmental responsibility &
2 criteria conservation: 6 criteria
P6. Empowerment of communities’ P6. Responsible consideration to employees
economic activities: 2 criteria & communities: 11 criteria
P7. Sustainable business improvement: 1 P7. Responsible development of new
criterion plantings: 7 criteria
P8. Commitment to continues improvement:
1 criterion

16. PROPER 2010
M Environment program, voluntarily, companies’
rank based on environment management
performance
Apply Environmental Law No. 32/2009
Gold (environmental excellence), Green (beyond compliance),
Blue (comply with regulations), Red, Black
Red,
Total 690 companies, 85 oil palm plantations
1 Green, 59 Blue, 17 Red, 8 Black
Acknowledged n recognized by market? At creating
public image in Indonesia

17. Suspension of new permits for primary
forest and peatland conversion
Two versions of draft: REDD+ Taskforce &
Coord.
Coord. Ministry of Economics/M Forestry
It’s been presented to vice president on
25 March 2011
Agreed by M Environment, M Forestry, M
of Land/BPN & Coord M Economics
Secretary of Cabinet
GAPKI/APKASINDO oppose moratorium

18. Two drafts
Issues CM for Economy & Forestry REDD Taskforce
Area Primary forest & peatland Primary & secondary forest,
peatland
Target Forestry, Home Affairs, BPN, Forestry, Energy & Mining, BPN,
UKP4, Governors/Districts REDD TF, Governors/Districts
Where Conservation forest, protection Forestland and APL
forest, production forest and
APL
Sectors All sectors except geothermal, Logging, plantation, mining
oil & gas
Include or Exclude: Extension for existing Include: Review existing
exclude concession, approved forest concessions & consider extending
relinquishment; Vital project: time frame
geothermal, oil & gas,
electricity, rice & sugarcane
Time Two years Two years

19. Instructions
M Forestry:
Forestry:
Table and map of primary forest and peatland
within 1 month, update every six months
Suspend any license in the above targeted areas
BPN
Suspend any HGU/Cultivation Use Rights in forested
APL, in targeted areas
Governors & District’s Head
Suspend location permit in targeted areas
M Home Affairs: Oversight Governors/District’s Heads
Affairs:
UKP4:
UKP4: Monitoring

20. Suspension new permits for primary
forest and peatland conversion
Temporarily but entry point to develop clean and
clear forest map
Conversion forest: Forest area into APL/non forest
area.
Degraded land ≠ not productive production forest nor
secondary forest
Plantation concession vs conservation concession
Peatland.
Peatland. All type of peatland
Pres.Decree No. 32/1990, thick > 3 m
MD Agriculture No. 14/2009, thick > 3m

21. Preliminary conclusion
Plantation and conservation are important,
but different language
Legal problem create social problem
Comfortable zone
Shoot the right target

22. Thanks to:
* All participants for input n suggestion
* Zoological Society of London
* Wilmar International Ltd.
* Biodiversity & Agricultural Commodities Program
See you soon