To what extent are the RSPO biodiversity P&C supported and recognised by the spatial planning processes that determine where oil palm expansion occurs?
Zoological Society of London, Deliverable 10, October 2010 Dolly Priatna, Laura D’Arcy & Sophie Persey
Table of Acronyms used
AMDAL
Environmental Impact Assessment
APL
Areas for Other Uses
BAPPEDA
Regional body for planning and development
BKPRD
Regional spatial planning coordinating board
BLHD
Environment Office
DPR
House of representatives (central government)
DPR Kabupaten
District level parliament
DPR Provinsi
Provincial Parliament
DPU
Public Works Office
FORTRUST
Forum Tata Ruang Sumatera/Supatra Spatial Planning Forum
HCV
High Conservation Value
HGU
Business Utilisation Right
HP
Production forest
HPI
Industrial production forest
HPK
Conversion production forest
HPT
limited production forest
IUP
Plantation business license
KBNK
Non-Forestry Cultivation Area
KLHS
Strategic environmental assessment
MRT
Ministry of Public Works
PP
Government Regulation
PBB
Land and building taxes
Perda
Provincial or District level approval of a spatial plan
RDTR
Detailed District/city Spatial Plan
RSPO
Roundtable for Sustainable Palm oil
RTRWK
General District/City Spatial Plan
RTRWN)
General National Spatial Plan
RTRWP
General Provincial Spatial Plan
Raperda
Draft of local/regional regulation for spatial planning.
SK
Ministerial Decree
TMKH
exchange of forest area process
TP3K or TP3D
Coach team for plantation Development at the district/regional level
UUPR
Spatial Planning Law
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1. INTRODUCTION 1.1 The spatial planning system in Indonesia Spatial planning in Indonesia considers both structure and pattern. Structure is the arrangement of residential centres, infrastructure and facilities which serve to support a community’s social economic activities, whilst pattern refers to the distribution of land use designation within a given region. The designation of an area describes the function or use of the land, which can range from protected areas to those considered suitable for development. In this instance protected areas are defined as an area where their primary function is to protect the environment, whilst areas designated for development are done so on the basis of the condition and availability of natural resources, human resources, and artificial resources. Spatial planning is not only the process of realising development goals, but also incorporates legal instruments with which to achieve these goals. National spatial planning in Indonesia is currently regulated through Act No. 26/2007 concerning Spatial Planning Law ‘undangundang penataan ruang’ (UUPR), which states that all spatial planning practices are subject to Government Regulation (PP). This Act was issued as a revision of Act No. 24/1992 in response to a number of dynamic and fundamental changes in land use and management over the last two decades. These changes were directly associated with the vast governmental reforms that occurred as part of the decentralisation process, which saw the division of administration into provinces and districts/cities throughout Indonesia. This new Act No. 26/2007 and any spatial plans produced as a result of it, are valid for a 20 year period, during which time national spatial plans must be reviewed every 5 years. The law introduced in 2008 to enforce this Act (UUPR Law. No. 26/2008) stipulates that all spatial plans currently in existence, whether at national, provincial, and district/city level, must be revised within two years of it being issued, namely by the end of 2010. The implementation of spatial planning laws in Indonesia falls within the remit of the Ministry of Public Works (MRT). The responsibilities of MRT are to; a) implement the regulation, guidance, and supervision of spatial planning; b) implement national spatial planning, and c) coordinate the implementation of national spatial planning across sectors, regions, and stakeholders. The spatial planning approach in Indonesia is a ‘top down’ hierarchically system, ( see Figure1) beginning at the national level, filtering down to provincial level, and then finally to a district/city level. Each of these levels contributes to the National Spatial Plan (RTRW) and has been allocated a specific planning approach, giving the physical and temporal scale at which each works. RTRWN (National) works on a long term strategic, macro scale (1:1,000,000) plan with a with a time line of 25-50 years. The Provincial Spatial Plan (RTRWP) works on a medium-term strategic micro scale (1:250,000.) over a period of 15 years. Meanwhile, the District Spatial Plan (RTRWK) is a short term operational micro plan with a time period of 5-10 years, undertaken at scales of 1:50,000 (district) and 1:25,000 (city). These plans are followed up with detailed, short term operational plans at a fine scale of at least 1:5,000. At the national level, the National Spatial Plan (RTRWN) is responsible for strategic direction and policies regarding the utilisation of space by the state. It highlights potential areas for protection and for development, including rural and urban infrastructure and transportation systems requiring renewal or development.
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Figure 1: Spatial plan system from Hudalah (2010) Peri-urban planning in Indonesia: Contexts, approaches and institutional capacity
At the provincial level, the Provincial Spatial Plan (RTRWP) provides guidance in the form of policies regarding the utilisation of space, area management (protected areas, agriculture, rural, urban, and some regional) and prioritising areas for the development of rural and urban settlements, including infrastructure. It is also responsible for issuing policies on the use and management of natural resources such as water. The formulation of the RTRWP must clearly refer to the RTRWN, the guidelines of the National Department of Spatial Planning and the long-term development plan of the province in question. District/City Spatial Planning (RTRWK Kabupaten/Kotamadya) is responsible for creating strategies to implement the designated utilisation of the district/city, taking into account management of areas (protected, agriculture, rural, urban), natural resources and the subsequent systems required, such as infrastructure and transportation. In formulating the RTRWK it must refer to both the RTRWP and RTRWN policy guidelines on the execution of spatial planning, as well as long-term development plans for the district concerned. Key considerations at all levels are the distribution of development and economic growth, the carrying capacity of the environment, and alignment with spatial planning in surrounding areas and at larger scales to ensure that regional development is aligned with the goals and objectives of Indonesia as a nation. National, provincial, district/city spatial plans are required to be complementary and synergistic with no authority overlapping with another’s in the implementation of each plan. This is challenging considering that each level of spatial planning implementation is regulated and approved by different bodies; Government regulations (PP) at the national level, regional regulations (Perda) issued by the provincial government and local regulations (Perda) issued by either the District (Kabupaten) or the City (Kota). To ensure synergy between these approving bodies certain obligations must be met by each level of planning. At the outset, National Spatial planning (RTRWN) must take into consideration the objectives of all 33 provincial planning objectives (RTRWP). Spatial plans at each level must also be issued and approved in succession to facilitate complementary. In practice this means that while the national planning strategy is being drawn up, provincial and district spatial plans (RTRWP, RTRWK) must remain in draft form
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until the final national strategy has been approved by government regulations. Once approved and issued, the RTRWN can act as a guideline for the final draft of RTRWP to be submitted for approval by Perda (Provincial). Subsequently, the approved RTRWP can be used along side the RTRWN by the District Planning Office, to draw up their final draft for submission to be approved by Perda at the District/City level. The detailed process for revising provincial and district spatial plans is illustrated in the diagrams below: Figure 2: The process for revising provincial spatial plans (RTRWP) Provincial government simultaneously submits RTRWP to the Ministry of Public Works (MRT) through the Directorate General for Spatial Planning and draft local regulations (Raperda) to enforce this to the Provincial Parliament (DPR Provinsi).
Ministry of Public Works reviews the spatial structure of the RTRWP, whilst the spatial pattern of the RTRWP is discussed with the Ministry of Forestry through the Directorate General of Planology. If there are any proposed changes of forest use or function then the Directorate General of Planology will establish an integrated team to examine this request.
If there are no problems with the spatial structure and spatial pattern of the provincial RTRWP, the provincial RTRWP is sent to the Ministry of Home Affairs for final approval. After approval, it will be returned to the Provincial government.
The Province government will continue to process the draft provincial regulations (Raperda) with the Provincial Parliament (DPR Provinsi). Once these have been approved, the regional Regulations (Perda) to be introduced at the Provincial level are signed by the Governor.
Figure 3: The process for revising district spatial plans (RTRW) District government simultaneously submits draft of RTRW to the Provincial government through the Regional Spatial Planning Co-ordination Board (BKPRD) and draft local regulations (Raperda) to enforce this to the District Parliament (DPR Kabupaten
Provincial government reviews the draft RTRW. If approved, it will be sent together with a letter of recommendation from the Governor to the Ministry of Public Works in Jakarta
Ministry of Public Works reviews the spatial structure of the RTRW, whilst the spatial pattern of the RTRW is discussed with the Ministry of Forestry through the Directorate General of Planology. If there are no problems it is sent to the Ministry of Home Affairs for final approval.
Once it has been approved, the District government will continue to process the draft local regulations (Raperda) with the District Parliament (DPR Kabupaten). Once these have been approved, the regional Regulations (Perda) to be introduced at the District level are signed by the Head of the District (Bupati).
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1.2 Changing of the use and function of forested areas into non-forested areas Areas of land in Indonesia can either be state owned (considered to be ‘un-encumbered’ by other owners) or non-stated owned, thereby owned by the community, individuals or by indigenous peoples (often referred to as Hutak Hak). Although technically all land tenure arrangements are managed by the National Land Administration Agency (Badan Pertanahan Nasional), forested area management falls within the remit of the Ministry of Forestry and the Department of Forestry and Estate Crops MoFEC. Land entitlements are often more complex however as land ownership for rural, forest dwelling people are acknowledged and allowed for under Basic Forest Law since 1967 and specifically address the indigenous people (adat) rights or adat in Forestry Law Act No. 41/1999, which may in turn result in land having at least dual ownership. Areas of forested land management under the national forested estate – ‘Hutan Negara’ fall under Act No. 41/1999 on Forestry and Act No. 5/1990 on Biodivesity Conservation, therefore recieve the designation of either Conservation Forest, (of biodiversity) - ‘Hutan Konservasi’, Protection forest (of hydrology and soil) - ‘Hutan Lindung’ or permanent Natural Production Forest - ‘Hutan Produksi’ (HP). Private companies, individuals, cooperatives, communities, or state enterprises concerned with the forest sector are granted concessions which convey the concessionaire rights to utilise certain areas of forest for between 25 to 60 years. Local communities also have the right to utilise Protection Forest ‘Hutan Lindung’ for extraction of non-timber products such as rattan, although their primary function is to prevent soil erosion and to protect the watershed. Hutan Produksi areas are zoned according to soil type, elevation, slope and rainfall and are split into four categories, the first is Natural Production Forest ‘Hutan Produksi Alam (HP-A)’ and second is Limited Production Forest ‘Hutan Produksi Tetap (HPT)’, both of which entitle the concessionaire to limited extraction of timber and non-timber products. The third category, Industrial Plantation Forest ‘Hutan Tanaman Industri (HTI)’, is subject to intensive forest use or forest plantation establishment. Once forested land has been designated with HPT status, it can at a later date be rezoned under the forest exchange process ‘Tukar Menukar Kawasan Hutan’ (TMKH), whereby the final category of Conversion Production Forest - ‘Hutan Produksi Konversi’ (HPK) comes into play. The conversion of forest designated as HPT to HPK can only be undertaken in provinces that have over 30% of their Natural forested areas remaining and can only be proposed by Ministers or ministerial-level officials, Governors, District Heads (Bupati) or the leader of a business entity. If the forest exchange process (TMKH) is undertaken in provinces with less than 30% of Natural Forest remaining or if the area to be converted is greater than 2 hectares, then this will require further investigation. This is carried out by an integrated team of national and provincial technical specialists appointed by the Ministry of Forestry, the costs of the investigation will be born by the party which has proposed the change. Once the investigation has been completed, the land may be reclassified and designated as Conversion Production Forest (HPK). Once a forest area is considered HPK it is released from the national forest estate, and rezoned so that the administration of the land then falls under local government rather than the Ministry of Forestry. Land with HPK status in turn needs to be included in the provincial and/or district spatial plans (RTRWP/K). The local government must allocate this land for specific uses within the 5 year period, adhering to the RTRW strategic guidelines for promoting economic and social development. Therefore, once forested land has been designated HPK it can then be reclassified to non forested areas Areal Penggunaan Lain (APL) or Non-Forestry Cultivation Area (KBNK) by local governments (see Annex i for a more detailed explanation of this process). However, it must also be noted that large areas of the forest estate no longer supports natural forest but are still classified by the Ministry of forestry and therefore spatial planning proposal as natural
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forest and are very rarely re-classified due to the costly process. These areas are in fact instead are covered by imperata grasslands, agroforests such as rubber and mixed fruit gardens, rice fields and villages (Fey et al 2008). They may also take on the appearance of forests but are in fact be planted agroforests, such as those found in Sumatra, where at least 4 million hectares have been found to be converted by local people into various kinds of agroforests (Michon and Bompard, 1987). 1.3 Process for allocating land for oil palm plantations and concessions Once land has been classified as either Conversion Production Forest (HPK) or a NonForest Area (APL), it can then be zoned for plantations within the District and Provincial Spatial plans, allocated for the development of estate crops such as oil palm, although ultimately the land remains under the control of the state. This has in the last year thrown up management issues as HPK is technically eligible for ‘planned deforestation’, this deforestation is becoming a focus by P for closer regulation due to attempts to meet national targets for reducing green house gas emissions. In an effort to reduce deforestation by improving the management of forest land, the Ministry of Forestry is trying to promote better integration of areas re-zoned for agriculture, forestry maps and provincial spatial plans For companies interested in undertaking a commercial plantation, they are first required by Indonesian business law to undertake the process to obtain a commercial agri-business license. The newly established agri-business must then obtain a series of additional legal permits tailored specifically in order to develop an oil palm plantation. This process and the legal basis for it is detailed in the flow chart below (Figure 4) but the key steps include obtaining a location permit ‘izin lokasi’ (IL), a plantation company permit ‘izin usaha perkebunan’ (IUP), undertaking the process of forest release, including carrying out a EIA, and finally defining the boundaries of the concession, or business utilization right ‘Hak Guna Usaha’ (HGU). The process can be time consuming, however once the company has been obtains an initiation ‘agreement in principle permit - izin prinsip’ from the local Bupati, the district spatial planning department of the chosen province, can begin to allocate suitable APL zoned land, as fitting with their revised RTRW. This also allows the plantation the ability to start surveying the land and make development plans. Once the whole process is complete the company will then need to submit the complete report as part of their IUP, to the Pernitia B Team for final approval. The Pernitia B Team includes representatives of the national land agency at provincial and district levels, district-level civil servants from the ministry of forestry and the environment ministry (BAPPEDALDA), NGOs, and the local community (Serge 2000). Panitia B will then in turn recommend to the Indonesian National Development Planning Agency (BAPPENAS) (if more than 200ha) or a particular province (if land is less than 200ha) whether or not it should release a the final land use permit (HGU). Once the HGU has been issued then the plantation can become Purchasing of suitable land from sources other than purchasing state concessions was governed under the presidential decree No.36/2005, replacing decree No 55/1993, whereby the purchasing, exchange or by transfer by other means must be agreed voluntarily by all parties involved. This then opens up the possibility of a long drawn out expensive purchasing process if various indigenous land rights as well as community ownerships may need to be dealt with if done in accordance with RSPO guide lines. In response to this Presidential Regulation 65/2006 superseded No.36/2005 and limits the community consultation process to 120 days whereby if the purchase/compensation is still in distribute then the final decision reverts to central government, this includes land that maybe be designated by national RTRW for infrastructure development. The size of land that may be purchased for a plantation is monitored under Ministerial Decree No. 26/2007, where by a plantation company is able to acquire land use rights up to 100,000 hectares in a single province (an increase of 80,000 Ha from the previous decree), this decree was intended to simplify the plantation permit applications laid out in the 2004 Plantation Act.
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However, once a palm plantation has been zoned processed, purchased and the HGU released the areas also become subject to commercial agri-business rights under Investment Law No.25/2007, where by land use permits are for 60 years, with a option to extended of for a further 35 year. The law in essence places the rights of the investor above the community and is very unclear about once issued how a land use permit (HGU) may be revoked if any further disputes, land mismanagement arises.
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Figure 4: A flow chart detailing the process for allocating oil palm concessions in Indonesia (From Colchester et al 2009, HCV and the RSPO Report)
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1.4 The Roundtable on Sustainable Palm Oil Principles & Criteria relating to biodiversity The RSPO certification scheme was established in 2004, with the purpose of promoting a voluntary standard of palm oil production which would be less socially and environmentally damaging. Biodiversity is one of the many issues addressed by the Principles and Criteria established by the RSPO as guidance for responsible production. The key provision within the RSPO P&C to mitigate impacts on biodiversity is the requirement to identify, maintain and enhance areas supporting High Conservation Values (HCVs), both within existing plantations (Criterion 5.2) and within areas allocated for new development (Criterion 7.3). The HCV concept is well established and consists of 6 values which aim to identify biodiversity, ecosystem services and social and cultural aspects of the landscape that are of critical importance. Compliance with Criteria 7.3 is particularly critical for mitigating the impact of oil palm expansion on biodiversity as it stipulates that, beyond a certain deadline, companies are not allowed to clear any areas supporting High Conservation Values. This necessitates undertaking an HCV assessment prior to clearing any land for development, in addition to the multitude of processes already required to establish an oil palm plantation, as detailed above. Essentially, this requirement introduces an additional stage of spatial planning at the micro-level to the hierarchical system that determines where oil palm expansion can take place. Therefore, for this to be successful it is crucial that this process is supported and recognised by higher level spatial plans and the process for allocating oil palm concessions. The purpose of this survey is to determine the extent to which this is currently the case in Indonesia. 2. METHODS Interviews with representatives from the key departments involved in spatial planning and the process of allocating land for oil palm development at the national, provincial and district level were carried out between 18 August – 8 October 2010. The geographical focus of this survey was the province of Jambi and West Kalimantan, which are amongst the key palm oil producing provinces in Indonesia, with West Kalimantan in particular having ambitious targets for expansion.
Figure 5: concentration of oil palm plantations by province in Indonesia, 2010. (Price Waterhouse Coopers 2010)
Within each province, interviews were carried out with the relevant departments of three different districts; in Jambi the districts of Moaro Jambi, Merangin and Batanghari, whilst in West Kalimantan the districts of Sanggau, Kapuas Hulu and Ketapang were visited. Detailed information concerning the departments visited and the representatives interviewed can be found in Annex ii. In addition to this, spatial planning issues were also discussed with various
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biodiversity conservation NGOs working in different areas, including LTB (Jambi), Yayasan Titian, CIFOR, WWF, FFI and Yayasan Palung (West Kalimantan). Discussions were also held with members of the Sumatra Spatial Planning Forum (Forum tata Ruang Sumatera) 3. DISCUSSION 3.1 What are the key authorities and drivers that influence where oil palm expansion takes place in practice? 3.1.1 Forest Area Release Legally speaking, oil palm concessions can only occur on land which is outside of the National Forest Estate. However, as described above there are mechanisms in place by which either the district or provincial government, or a palm oil company looking to develop a particular piece of land, can submit a request to the Ministry of Forestry for areas designated as Conversion Production Forest (HPK) be released from the Forest Estate and re-classified as Non Forest areas (APL). According to interviews in both Jambi and West Kalimantan, the reason most frequently given for this change is that communities living in the area have already degraded the forest and built permanent settlements. In some cases, these are well established villages that should have been designated as non-forest areas when the Minister of Forestry issued a decree ordering the newly formed provincial governments to define their forest areas in 1999 - 2000 (Decree No. 421/1999 for the Province of Jambi and Decree No. 259/2000 for the Province of West Kalimantan). On the other hand, in some cases this is due to recent encroachment. Although it was not confirmed by any of the government agencies interviewed, several of the NGOs working on forestry and spatial planning issues in the regions visited stated that the local government authorities often overlook encroachment as it provides them with a stronger argument for requesting to the Ministry of Forestry that these areas should be rezoned to non-forested areas. Releasing degraded or densely populated areas of forest is feasibly considered in the ‘public interest’, as it would help to reduce the likelihood of social conflict and potentially boost employment and income for the district. Information gleaned through this survey suggested that the integrated team formed by the Ministry of Forestry to assess whether the proposed area of forest should be released are much more sympathetic to requests based on social issues rather the desire to boost the district’s economy. Once the area has been released from the control of the Ministry of Forestry, they are no longer concerned with how this area will be used or the fact that it is now eligible for oil palm development. However, this may often be an underlying driver of requests to release forest areas. Although it was not stated explicitly, West Kalimantan’s target to expand the area of oil palm plantations in the province from 600,000 ha to 1.5 million ha is likely to be a strong motivation for the governor’s request to the Ministry of Forestry to release approximately 3.2million ha of forest area under the current spatial planning revisions completed by the end of the year. However, the argument for at least 2 million ha of the 3.2 million ha to be released is extensive encroachment and settlement by communities. Although decisions to release forest areas for other uses (APL) is based on the premise that the forest has been degraded, there is an inherent risk that this mechanism could result in forest areas retaining High Conservation Values being handed over to palm oil companies if the correct procedures aren’t followed. Therefore, it is important to understand which actors are most influential in this process. This survey found that where the District or Provincial Government proposes a forest area to be reclassified as non-forest, this has usually been instigated by the District Plantation Office (Dinas Perkebunan). However, this process is frequently hampered by the fact that the local governments involved in putting forward the areas then bear responsibility for covering the cost of the assessment by the integrated team from the Ministry of Forestry, however few have sufficient budget available for this. For example, interviews conducting in Jambi revealed that the provincial government did not
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have any budget for this in 2010, although they planned to allocate a proportion of their 2011 budget to cover such costs. Conversely, if a palm oil company submits a request for a forest area to be changed to non-forest area, they are more likely to have readier access to the funds needed to cover the cost of this process and are subject to less internal bureaucracy. According to staff interviewed at the spatial planning division of the Public Works Office (Dinas Pekerjaan Umum) in Ketapang District, sometimes a palm oil company will request a location permit (Ijin Lokasi) that overlaps with Conversion Production Forest (HPK). Before they can legally develop this for oil palm, they require a letter of recommendation from the Governor, after which they can then go directly to the Minister of Forestry to obtain the approval needed (Ijin Prinsip) for this area to be released. Whilst this is allowed by the regulations concerning procedures for changing the use and function of forest area (Government Regulation (PP) No. 10/2010), this procedure may be open to abuse if palm oil companies are able to influence the decision by officials in the Minister of Forestry to grant approval (Ijin Prinsip). 3.1.2 Allocating areas for oil palm development Once a palm oil company has been granted principle approval (Ijin Prinsip) to establish an oil palm plantation, the next stage is to make an application to the Head of the District (Bupati) to receive a location permit (Ijin Lokasi). This will specify an area within which the company can begin the process of land acquisition, prior to defining their final concession area (HGU). In theory, the Advisory Team for Plantation Development (TP3K or Tim Pembina Pembangunan Perkebunan Kabupaten/Daerah) should provide the Bupati with advice about the suitability of the proposed area for the location permit. The advisory team is composed of representatives from the local plantation, forestry, mining, public works, environment and land offices, as well as the Economic division of the District Office. However, this is generally limited to technical considerations about the suitability of the land in question and may do little to prevent areas of High Conservation Value being included in location permits. Furthermore, according to interviews with officials from BAPPEDA in Sanggau District in West Kalimantan, prior to 2008 the Bupati generally granted location permits based solely on the area specified by the palm oil company, with the recommendations of the TP3K team rarely being taken into consideration. As a consequence of this, many oil palm plantations in this district overlap with other plantations, or more ominously, with areas of protected forest (Hutan Lindung) or Limited Production Forest (HPT). 3.2 Level of awareness and consideration of the RSPO P&C In Indonesia there are currently no regulations in place to recognise ‘High Conservation Value Areas’ that remain on land once it has been released from the forest estate. Therefore, government authorities and palm oil companies are not legally obliged to protect these areas. However, theoretically there are regulations in place to mitigate the impacts of oil palm development on the environment, in the form of the requirements to conduct an Environmental Impact Assessment (AMDAL) prior to being eligible to obtain a Plantation Business License (IUP). However, interviews with representatives from the Environmental Agencies at the district and provincial level (Badan Lingkungan Hidup Daerah and Kantor Lingkungan Hidup) that oversee the process of Environmental Impact Assessment, explained that this is primarily concerned with waste and pollution and very little consideration is given to the impact of the plantation on biodiversity. An exception may be instances where there is a known protected species present in the area, in which case the company is theoretically obliged to monitor and manage this population. However, since they are given no advice on how to do this, they are unlikely to put it into practice. It was clearly apparent from our survey that very few of the government bodies involved in the process of spatial planning and allocating permits for oil palm development were aware
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of the existence of the Roundtable on Sustainable Palm Oil certification scheme or the requirements of its Principles and Criteria. This was particularly apparent in Jambi Province, where although the Governor had circulated a letter to all of the palm oil companies operating in the region, recommending that they should implement the RSPO P&C there had been a clear failure in communication and it was not circulated to the relevant government departments. This was highlighted at the district and provincial level since the majority of people who were interviewed claimed never to have seen this letter when presented with it. The exception to this was several staff from district plantation offices (Dinas Perkebunan), who seemed to be aware of which palm oil companies operating within the district were working to comply with the RSPO P&C. However, whilst discussions suggested that they were supportive of this process, there was no evidence that they were pro-actively promoting RSPO certification. Similarly, there was no evidence of the District Head (Bupati), asking whether a company intended to obtain RSPO certification at the time of granting them a location permit or of companies being granted reductions in the rate of Land and Buildings Tax levied on their concessions to compensate for their decision not to convert remaining High Conservation Value areas to oil palm. At the same time, however there was no evidence of any government departments involved in allocating permits to palm oil companies hindering a company’s efforts to comply with the RSPO P&C. 4. CONCLUSIONS Over the course of this survey, several key barriers to the recognition of the RSPO P&C relating to biodiversity within the spatial planning framework and processes for allocating areas for oil palm expansion were as follows: 1. There is a widespread lack of awareness of the RSPO and understanding of its P&C in general, let alone the specific provisions within these criteria relating to biodiversity conservation. 2. There are currently no regulations in place that recognise the existence of HCV areas outside of the forest estate and located in areas classified as non-forested. Consequently, there is no terminology or land use category in existence to identify forested conservation areas within production zones in spatial plans. 3. The key institutions involved in the spatial planning process do not have access to maps or detailed information showing the location of HCV areas that remain within production areas. 4. A further barrier to the recognition of HCV areas, which are often relatively small fragments of forest, is the coarse scales used by district (1:50,000) and provincial (1:250,000) spatial plans, meaning that it would be difficult to map these areas accurately. 5. RECOMMENDATIONS We have identified several potential measures to improve the extent to which compliance with the RSPO P&C relating to biodiversity is supported by the spatial planning framework and the processes by which an oil palm concession is established, as detailed below: 1. The key underlying cause of many of the issues raised during this survey is the clear lack of awareness and understanding of the RSPO and the requirements of its Principles and Criteria, by the majority of government offices involved in the development and revision of spatial plans and the process of designating land suitable for oil palm expansion. There is therefore an urgent need for a concerted effort by the RSPO and other concerned stakeholders to promote greater awareness
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and understanding of the RSPO, what compliance with its P&C entails, and the benefits of achieving this.. In terms of the spatial planning process, a key department to target is the Co-ordination Body for Regional Spatial Planning at the Provincial level BKPRD (Badan Koordinasi Penataan Ruang Daerah), which could in turn include information about the RSPO P&C in their guidance document on spatial planning, particularly relating to procedures for developing areas categorised as APL. Other departments that appear to be particularly influential in the spatial planning process at both the provincial and district level are the Regional Development Planning Agency BAPPEDA (Badan Perencanaan Pembangunan Daerah) and the Department of Public Works (Dinas Perkerjaan Umum). In terms of determining where oil palm concessions are allocated, probably the most influential figure is the District Head (Bupati), as they are responsible for allocating companies location permits. They also have the information and authority needed to contact all palm oil companies operating in their district and make the recommendation to comply with the RSPO P&C. At the provincial level, the Plantation Office (Dinas Perkebunan) is the key department to target they are largely responsible for promoting oil palm expansion, instigating requests for forest areas to be released to APL. 2. There is a need for HCV assessments to be carried out at the district level and for the HCV maps produced, communicated to the departments involved in the spatial planning process, particularly the Regional Development Planning Agency BAPPEDA (Badan Perencanaan Pembangunan Daerah) and the Department of Public Works (Dinas Perkerjaan Umum). These departments should then be encouraged to take the conservation value of these areas into consideration during future revisions of the districts spatial plans. Ideally, these areas should also be returned to the forest estate by proposing revisions to the macro-level spatial plans, through the reverse of the process used to release areas from the forest estate (TMKH). However, the cost of this process may be prohibitive. 3. Although there are no regulations in place to enable HCV areas that remain within non-forest land use zones to be protected, there are legal instruments which could be used to achieve the same outcome. For example, the District Head (Bupati) of Kapuas Hulu district in West Kalimantan has issued a decree (SK – surat keputusan) stipulating that two lakes within APL areas should be protected. In theory, such a decree could also be issued by the Bupati to protect an HCV area. Furthermore, once an area has been protected by such a decree, it will be much easier for it to be recognised in future revisions of the district’s spatial plans. 4. There are a number of stages in the process of establishing an oil palm plantation where the government departments involved could be encouraged to promote compliance with the RSPO P&C or take a step further and make this a mandatory requirement. For example, the Bupati could be encouraged to do this from the outset when a company applies for their initial location permit, or an HCV assessment could be included as part of the Environmental Impact Assessment (AMDAL), required in order to obtain a Plantation Business Permit (IUP). 5. Once a company has been allocated a location permit, they must then acquire the rights to the land within this area they wish to develop. In Kalimantan in particular, a location permit will frequently include land belonging to indigenous communities, in this case Dayak communities. The company will therefore need to undergo extensive consultations to determine which areas are of importance to the community and which areas are available for oil palm cultivation. Therefore, raising awareness amongst such communities about the need to protect areas that are of particular importance for biodiversity, may be a powerful tool in preventing a company from converting these areas to oil palm.
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Bibliography Colchester, M., Anderson, P., et al. 2009. HCV and RSPO: report of an independent investigation into the effectiveness of the application of High Conservation Value zoning in palm oil development in Indonesia, Forest Peoples Programme, 2009. Fay, C, M. Sirait and A. Kusworo, 2000. Getting the Boundaries Right: Indonesia's Urgent Need to Redefine its Forests Estate, Southeast Asia Policy Research Working Paper, No. 25 ICRAF Hudalah, Delik (2010) Peri-urban planning in Indonesia: Contexts, approaches and institutional capacity (PhD thesis Unisveristy of Gronigen Michon G. and J. M. Bompard, 1987. "Agroforesteries indonésiennes: contributions paysannes à la conservation des forêts naturelles et de leurs ressources." Rev. Ecol. (Terre Vie) 42: 3-37. Price Waterhouse Coopers 2010. Palm oil plantation: Industry landscape, regulatory & financial overview. Plantation Indonesia. Serge M 2008 Losing Ground Report for Friends of the Earth, LifeMosaic and Sawit Watch
15
ANNEX i – FOREST EXCHANGE PROCESS TMKH carried out for the purposes of a permanent non-forestry development, eliminating forest areas is conducted with the following conditions: 1. Ensuring large of forest area > 30% including watershed area, island, and / or province, remain whole and have a proportional distribution 2. Remaining forest is viable and retains carrying capacity for province. The process of forest area exchange (TMKH) is done with the process as follows: 1. Application for exchange of forest area that contains the requested forest area and the replacement land area. 2. Research by the Integrated team 3. Approval in principle of forest area exchange by the minister. 4. Minutes of forest area exchange, signed by the Director General of Forestry Planning on behalf of the minister and by applicant. 5. Appointment of substitute land as forest land by the minister. 6. Forest boundary and replacement land sought by the Administration Committee of the forest boundary (Panitia Tata Batas kawasan hutan). 7. Determination of replacement land into forest areas and the release of forest area by the minister. The request of the change of forest area use in partial can be proposed by: 1. 2. 3. 4.
Ministers or ministerial-level officials Governor or district head mayor; Leader of a business entity; or Chairman of the foundation
Requirements to do the change of forest area use are the availability of necessary administrative and technical bodies. Technical requirements for replacement land in the process of forest land use change are as follows: 1. 2. 3. 4. 5. 6. 7.
Location, size, and the boundary of proposed replacement land is clear; Adjacent to forest areas; In the watershed, island, and or in the same province; It can be reforested by conventional scheme; In the field, physically free from land domination by a third party; It is not in dispute and free from any kind of assignment and mortgage; and Research conducted by the integrated team
The task of integrated research team is conducting research and providing recommendations to the Minister of Forestry through to change of the designation and functions of forest area, by basing on the technical aspects, environmental, social, economic and cultural, and legal aspects. The members of integrated research team are LIPI (Indonesia’s institute of science), Ministry of Environment, university, Ministry of Public Works, Ministry of Forestry, Ministry of Home Affairs, provincial, district governments, other agencies are appointed. Meanwhile, for TMKH with maximum size of 2 hectares and for limited public interest undertaken by the central or local government, the team is enough from the Ministry of Forestry only. All the costs for research are covered by the applicant. Releasing of forest area can only be done on production forest already converted (HPK), either in a condition of forested or not forested. In the provinces where of the size of their forest area less than 30% of their area, HPK can not be released except using the TMKH scheme.
16
Releasing forest area is also done for the purpose of development outside the forestry activities set out by the Ministry of Forestry. The process of releasing HPK conducted with the following stages: 1. Application for releasing HPK 2. Approval in principle by the Ministry for releasing HPK. 3. The boundary of the requested forest area (minutes of the results boundary arrangement) 4. Decision of releasing HPK The changes of forest area use for provincial carried out with the following stages: 1. Changes of forest area use from the provincial are done based on proposal from the governor to the minister. 2. Changes of forest areas use proposed for the provincial must be integrated by the governor through the revision of the provincial spatial planning. 3. Minister, after receiving the proposed changes of forest area use from the governor, will conduct a technical review. 4. Based on a technical review, the Minister will form an integrated team. 5. Integrated team will convey the research findings and the recommendations about the changes of forest area use to the minister. 6. In terms of research results, the proposal of forest area use change potentially impact and / or risk to the environment, shall carry out the assessment of strategic environmental (KLHS-kajian lingkungan hidup strategis). 7. Minister will submit the results of research from integrated team to the central parliament (DPR Pusat) for getting approval, either on part or all of the proposed forest area. 8. When the central parliament approves/accepts the research results from the integrated team, then the minister will issue a decree (SK) concerning the change of forest area use in the province. 9. When the central parliament rejects the results of research from integrated team, the minister will issue a letter of rejection for change of forest area use proposed in the province. Provisions of the change of forest area function are as follows: 1. Changes of forest area function by partially carried out through changes of the function: a. Among the principal functions of the forest area; or b. Within the principal functions of forests. 2. Changes of functions between the principal functions of forest covers the changes of functions from: a. Conservation of forest areas into protected forest areas and / or production forest; b. Protected forest areas into conservation forest and / or production forest; and Production forest area into conservation forest and / or protected forest.
17
ANNEX ii – DEPARTMENTS AND PEOPLE INTERVIEWED Summary of Provinces Interviewed N o.
Province
District
Agency
Interviewees
1.
Jambi
Moaro Jambi
2.
Jambi
Merangin
3.
Jambi
Batanghari
4.
West Kalimantan
Kapuas Hulu
5.
West Kalimantan
Sanggau
6.
West Kalimantan
Ketapang
Dinas Kehutanan dan Perkebunan, Bappeda, Kantor Pertanahan, Kantor Lingkungan Hidup, and Kantor Bupati Bappeda, Kantor Pertanahan, Dinas Kehutanan dan Perkebunan, and Kantor Lingkungan Hidup Kantor Pertanahan, Badan Perzinan Terpadu Satu Pintu (BPTSP), Kantor Lingkungan Hidup, Bappeda, Dinas Perkebunan, and Dinas Kehutanan Bappeda, Dinas dan Perkebunan Kehutanan, and Dinas Pendapatan dan Pengelolaan Aset Daerah (DP2AD) Bappeda, Dinas kehutanan, and Dinas Pendapatan dan Pengelolaan Keuangan Daerah (DP2KD) Bappeda, Kantor Pertanahan, Dinas Pekerjaan Umum, and Kantor Lingkungan Hidup
10
8
8
6
7
7
Details of individuals interviewed. No .
Tanggal (Date)
Nama (Name)
Instansi (Institution)
Jabatan (Position)
Tugas utama (main responsibilties)
1.
2 August 2010
Chairul Saleh
FORTRUST (Sumatra Spatial Planning Forum)
Secretary General
2.
5 August 2010
Ismail Darwin
Bappeda Provinsi Sumatera selatan
Bagian Penataan Ruang Daerah
3.
10 August 2010
Wenda Yandra Komara
Direktorat KK, PHKA, Departemen Kehutanan
Staff sub direktorat pemolaan
4.
18 Agustus 2010
Soni Pratomo
Bappeda Provinsi Jambi
Staff sub bidang penataan ruang
Berkoordinasi dengan instansi terkait penataan ruang baik di tingkat pusat, provinsi dan kabupaten di Sumatera untuk memberikan masukkan tentang isu-isu terkati konservasi biodiversity Membantu kepala bidang fisik dan prasarana dalam proses penataan ruang provinsi Membantu kasubdit pemolaan dalam hal perpetaan hutan (Dia juga salah satu anggota tilm terpadu yang sedang mengkaji permohonan perubahan peruntukan kawasan hutan di Kalimantan Barat) Membantu kepala sub bidang tata ruang dalam proses penataan ruang provinsi
5.
19 Agustus 2010
Netty Martini
Bappeda Provinsi Jambi
6.
19 Agustus 2010
Riswandi
Bappeda Provinsi Jambi
Kepala sub bidang pertanian dan sumber daya alam dan lingkungan hidup Kepala bidang pendanaan dan evaluasi pembangunan
7.
19 Agustus 2010
Wardiman
Dinas Perkebunan
Kepala bidang pengembangan
Menyiapkan perumusan kebijakan umum dan kebijakan strategis pelaksanaan penyusunan rencana pembangunan daerah di bidang sumber daya alam dan lingkungan hidup Menyiapkan perumusan kebijakan dan pelaksanaan penyusunan rencana pendanaan pembangunan daerah dan evaluasi dan pengendalian pembangunan Mengkoordinasikan perencanaan pengembangan perkebunan di wilayah
18
Provinsi Jambi Dinas Perkebunan Provinsi Jambi Bappeda Provinsi Jambi
perkebunan Kepala seksi perkebunan
Prayitno
Dinas Kehutanan Provinsi Jambi
Kepala bidang penataan kawasan hutan
30 Agustus 2010
Syahrinan dar
Dinas Kehutanan dan Perkebunan Kab. Muaro Jambi
Kepala bidang usaha tani perkebunan
provinsi Membantu kepala bidang dalam merencanakan pengembangan perkebunan di wilayah provinsi Menyusun perumusan dan kebijakan umum dan pelaksanaan penyusunan rencana pembangunan daerah di bidang sarana dan prasarana serta kerjasama pembangunan Membantu kepala dinas kehutanan dalam mengkoordinasikan batas-batas kawasan hutan yang berada di wilayah provinsi Menyusun kebijakan dalam bidang usaha pertanian dan perkebunan di wilayah kabupaten
12.
30 Agustus 2010
H. Nasir
Dinas Kehutanan dan Perkebunan Kab. Muaro Jambi
Kepala seksi bina usaha perkebunan
Membantu kepala bidang dalam pembinaan usaha perkebunan di wilayah kabupaten
13.
30 Agustus 2010
Hendri Sagala
Dinas Kehutanan dan Perkebunan Kab. Muaro Jambi
Kasi budidaya dan perlindungan tanaman
14.
30 Agustus 2010
Achmadi
15.
30 Agustus 2010
Erwanisah M.
Dinas Kehutanan dan Perkebunan Kab. Muaro Jambi Dinas Kehutanan dan Perkebunan Kab. Muaro Jambi
Kepala bidang pengembangan perkebunan Sekretaris kepala dinas
Membantu kepala bidang dalam pembinaan budidaya perkebunan dan perlindungan tanaman perkebunan di wilayah kabupaten Menyusun kebijakan pengembangan perkebunan di wilayah kapupaten
16.
31 Agustus 2010
Evi Syahrul
17.
31 Agustus 2010
Hamdani
Bappeda Kabupaten Muaro Jambi Kantor Pertanahan Kab. Muaro Jambi
18.
31 Agustus 2010
Marza Yusri
Kantor Lingkungan Hidup Kab. Muaro Jambi
Kepala seksi tata ruang dan sumber daya alam Kepala seksi pengaturan dan penataan pertanahan Kepala seksi analisis mengenai dampak lingkugan
19.
31 Agustus 2010
Yunizar
20.
1 Sept 2010
Ismed Wijaya
Staf analisis dampak lingkungan Kepala bidang pemerintahan
21.
2 Sept 2010
KA. Sofyan
Kantor Lingkungan Hidup Kab. Muaro Jambi Kantor Bupati Kabupaten Muaro Jambi Bappeda Kabupaten Merangin
22.
2 Sept 2010
Samsul Bahri
23.
2 Sept 2010
Amri Ilyas
Bappeda Kabupaten Merangin Kantor Pertanahan Kab. Merangin
24.
2 Sept 2010
Harry Wibowo
25.
2 Sept 2010
Arief Setio Hutomo
26.
3 Sept 2010
Tulus Situmeang
27.
3 Sept 2010
Cecep Arken
Kepala seksi tata ruang dan sumber daya alam Kepala seksi pengaturan dan penatagunaan tanah Kepala seksi inventarisasi dan perpetaan hutan Kepala seksi pengukuhan dan penatagunaan hutan Kepala seksi rehabilitasi lingkungan Kepala seksi analisis mengenai dampak lingkungan
8.
19 Agustus 2010
Ponco
9.
20 Agustus 2010
Donny Iskandar
10.
20 Agustus 2010
11.
Dinas Kehutanan dan Perkebunan Kab. Merangin Dinas Kehutanan dan Perkebunan Kab. Merangin Kantor Lingkungan Hidup Kab. Merangin Kantor Lingkungan Hidup Kab. Merangin
Kepala bidang sarana prasarana fisik
Kepala bidang fisik dan prasarana
Membantu kepala dinas dalam merumuskan kebijakan di bidang kehutanan dan perkebunan dan mewakili kepala dinas dalam berbagai pertemuan Membantu kepala bidang fisik dan prasarana dalam proses pembuatan/revisi tata ruang kabupaten Membantu kepala kantor dalam mengatur dan mengkoordinasikan penatagunaan lahan di luar kawasan hutan di wilayah kabupaten Membantu kepala kantor dalam mengevaluasi dan mengontrol pelaksanaan rencana pengelolaan lingkungan Membantu kepala seksi dalam pelaksanaan evaluasi dan kontrol rencana pengelolaan lingkungan Membantu bupati dalam mengkaji dan menilai kelayakan permohonan perizinan investasi di wilayah kabupaten Menyusun perumusan dan kebijakan umum dan pelaksanaan penyusunan rencana pembangunan daerah di bidang fisik dan prasarana Membantu kepala bidang fisik dan prasarana dalam proses pembuatan/revisi tata ruang kabupaten Membantu kepala kantor dalam mengatur dan mengkoordinasikan penatagunaan lahan di luar kawasan hutan di wilayah kabupaten Membantu kepala bidang dalam menginventarisasi dan memetakan kawasan hutan di wilayah kabupaten Membantu kepala bidang dalam proses pengukuhan kawasan hutan dan mengkoordinasikan tataguna hutan Membantu kepala bidang dalam perencanaan dan pelaksanaan rehabilitasi lingkungan Membantu kepala bidang dalam mengevaluasi dan memonitor pelaksanaan rencana pengelolaan lingkungan
19
28.
3 Sept 2010
Sutoto
Kantor Lingkungan Hidup Kab. Merangin
29.
6 Sept 2010
Thomas Barano
29.
21 Sept 2010
Supriyanto
30.
21 Sept 2010
Helmi
31.
22 Sept 2010
Dodi Matarinald o
WWF/Fortrust (Sumatra spatial planning forum) Kantor Pertanahan Kab. Batanghari Badan Perizinan Terpadu Satu Pintu, Kab. Batanghari Kantor Lingkungan Hidup Kab. Batanghari
32.
22 Sept 2010
Syaiful
33.
22 Sept 2010
Raden Effendi
34.
23 Sept 2010
Sri Hartati
35.
23 Sept 2010
Zulfahmi
Dinas Kehutanan Kab. Batanghari
36.
23 Sept 2010
Gatot Budiantoro
Dinas Kehutanan Kab. Batanghari
37.
28 Sept 2010
Sahat Sinaga
Bappeda Provinsi Kalimantan Barat
38.
28 Sept 2010
Rahmat
Bappeda Provinsi Kalimantan Barat
39.
28 Sept 2010
Elfiharty
40.
28 Sept 2010
Dionisius Endy
Dinas Perkebunan Provinsi Kalimantan Barat Bappeda Provinsi Kalimantan Barat
41.
29 Sept 2010
Abang Rajuni
42.
29 Sept 2010
Sri Nurhayati
43.
29 Sept 2010
Indra Gunawan
44.
30 Sept 2010
Kusmarda n
45.
30 Sept 2010
Victor
46.
30 Sept 2010
Dwi Kusharyon o
Bappeda Kabupaten Batanghari Kantor Pertanahan Kab. Batanghari Dinas Perkebunan Kab. Batanghari
Dinas Pekerjaan Umum Provinsi Kalimantan Barat Dinas Pekerjaan Umum Provinsi Kalimantan Barat Dinas Kehutanan Provinsi Kalimantan Barat Bappeda Kab. Kapuas Hulu, Kalimantan Barat Dinas Perkebunan dan Kehutanan Kab. Kapuas Hulu, Kalimantan Barat Dinas Perkebunan dan Kehutanan Kab. Kapuas Hulu, Kalimantan Barat
Staf seksi analisis mengenai dampak lingkungan Koordinator nasional Kepala seksi pengukuran tanah Kepala bidang tertentu
Staf seksi analisis mengenai dampak lingkungan Staf seksi tata ruang Kepala sub seksi kawasan tertentu Kepala bidang pengelolaan lahan dan perlindungan perkebunan Kepala bidang program dan pemantapan kawasan hutan Kepala seksi inventarisasi dan perpetaan hutan Fungsional Perencanaan Madya Fungsional Perencanaan Muda Kepala bidang pengembangan tanaman dan produksi Kepala sub bidang pertambangan, energi dan lingkungan hidup Staf seksi tata ruang Kepala seksi penataan ruang Kepala seksi penatagunaan dan penataan kawasan Kepala seksi penataan ruang Staf sub bagian program
Staf penataan kawasan hutan
Membantu kepala seksi dalam pelaksanaan evaluasi dan monitoring pelaksanaan rencana pengelolaan lingkungan Mengawal proses revisi tata ruang dan memberikan bantuan teknis dalam proses revisi tata ruang kabupaten Membantu kepala bidang dalam mengkoordinasikan pengukuran tanah di luar kawasan hutan di wilayah kabupaten Mengkaji kelayakan investasi bidang perkebunan dan pertambangan
Membantu kepala seksi dalam pelaksanaan evaluasi dan monitoring pelaksanaan rencana pengelolaan lingkungan Membantu kepala seksi tata ruang dalam proses pembuatan/revisi penataan ruang kabupaten Membantu kepala seksi dalam mengkoordinasikan batas-batas lahan HGU Menyiapkan perumusan kebijakan dalam bidang pengelolaan lahan dan perlindungan perkebunan Menyiapkan perumusan kebijakan dalam bidang program kehutanan dan pemantapan kawasan hutan Membantu kepala bidang dalam menginventarisasi kawasan hutan dan memetakan kawasan hutan Melakukan kajian-kajian yang terkait dengan perencanaan pembangunan di wilayah provinsi Melakukan kajian-kajian yang terkait dengan perencanaan pembangunan di wilayah provinsi Menyiapkan perumusan kebijakan dalam pengembangan dan produksi tamanan
Membantu kepala bidang dalam merumuskan kebijakan dalam bidang pertambangan, energy dan lingkungan hidup di wilayah provinsi Membantu kepala seksi dalam proses pembuatan dan revisi penataan ruang provinsi Membantu kepala bidang dalam merumuskan kebijakan penataan ruang wilayah provinsi Membantu kepala bidang dalam mengatur penggunaan dan penataan kawasan hutan di wilayah provinsi Membantu kepala bidang fisik dan prsarana dalam merumuskan kebijakan penataan ruang wilayah kabupaten Membantu kepala bagian dalam mengkaji kelayakan program dinas perkebunan dan kehutanan di wilayah kabupaten
Membantu tugas pokok kepala seksi dalam hal penataan kawasan hutan di wilayah kabupaten
20
47.
1 Oktober 2010
Drajat Subyakto
48.
1 Oktober 2010
Piet Maryoto
49.
1 Oktober 2010
Bayuni Shantiko
50.
1 Oktober 2010
Agus Stormandi
51.
4 Oktober 2010
Sugiono
52.
4 Oktober 2010
Pahli Psah
53.
4 Oktober 2010
Suharto
54.
4 Oktober 2010
Syahroni
55.
4 Oktober 2010
Abdul Haris
56.
4 Oktober 2010
Pauri
57.
4 Oktober 2010
Dwiyanto
58.
5 Oktober 2010
Juliansyah
59.
6 Oktober 2010
Sukirno
60.
6 Oktober 2010
Rokib
61.
7 Oktober 2010
Rahmat Priharto
62.
7 Oktober 2010
Suwarto
Dinas Perkebunan dan Kehutanan-Kab. Kapuas Hulu, Kalimantan Barat Dinas Perkebunan dan Kehutanan-Kab. Kapuas Hulu, Kalimantan Barat CIFOR, Kapuas Hulu
Kepala seksi perlindungan tanaman
Membantu kepala bidang dalam menyiapkan program perlindungan tanaman perkebunan di wilayah kabupaten
Kepala seksi pengembangan perkebunan
Membantu kepala bidang dalam menyiapkan program pengembangan perkebunan di wilayah kabupaten
Konsultan
Dinas Pendapatan dan Pengelolaan Aset Daerah -Kab. Kapuas Hulu , Kalimantan Barat Bappeda Kab. Sanggau, Kalimantan Barat
Kepala bidang pendapatan
Menyiapkan peta penggunaan lahan yang sesuai dengan peruntukannya yang akan direkomendasikan ke pemerintah kabupaten Menyiapkan perumusan kebijakan yang terkai dengan pendapatan asli daerah
Bappeda Kab. Sanggau, Kalimantan Barat Bappeda Kab. Sanggau, Kalimantan Barat Dinas Kehutanan dan PerkebunanKab. Sanggau, Kalimanatan Barat Dinas Kehutanan dan PerkebunanKab. Sanggau, Kalimanatan Barat Dinas Pendapatan, Pengelolaan Keuangan dan Aset Daerah (P2aKAD)-Kab. Sanggau , Kalimantan Barat Dinas Pendapatan, Pengelolaan Keuangan dan Aset Daerah (P2KAD)-Kab. Sanggau, Kalimantan Barat Kantor Pelayanan Pajak PratamaSingkawang, Kalimantan Barat Bappeda Kabupaten Ketapang, Kalimantan Barat Kantor Pertanahan Kab. Ketapang, Kalimantan Barat Dinas Pekerjaan Umum Kab. Ketapang, Kalimantan Barat Dinas Pekerjaan Umum Kab.
Kepala sub bidang perdagangan dan koperasi Kepala sub bidang tata ruang Kepala sub bidang pertanian Kepala seksi perpetaan
Membantu kepala bidang dalam merumuskan kebijakan terkait bidang perdagangan dan koperasi Membantu kepala bidang fisik dan prasarana dalam merumuskan kebijakan penataan ruang wilayah kabupaten Membantu kepala bidang dalam merumuskan kebijakan dalam bidang pertanian di wilayah kabupaten Membantu kepala bidang dalam mendokumentasikan peta-peta kawasan hutan di wilayah kabupaten
Kepala seksi perhutanan sosial
Membantu kepala bidang dalam menjalankan program perhutanan social di wilayah kabupaten
Kepala seksi penerimaan lainlain dan penagihan
Membantu kepala bidang dalam mengurus penerimaan pajak lain-lain dan penagihan retribusi untuk kas daerah
Kepala seksi penetapan pajak daerah
Membantu kepala bidang dalam merumuskan kebijakan pajak dan retribusi daerah
Staf bagian umum
Memberikan informasi umum tentang perpajakan kepada masyarakat
Kepala bidang fisik dan prasarana Kepala seksi pengaturan dan penataan pertanahan Kepala bidang tata ruang
Menyusun perumusan dan kebijakan umum dan pelaksanaan penyusunan rencana pembangunan daerah di bidang sarana dan prasarana Membantu kepala kantor dalam mengatur dan mengkoordinasikan penatagunaan lahan di luar kawasan hutan di wilayah kabupaten Menyiapkan perumusan kebijakan penataan ruang wilayah kabupaten
Staf seksi pemanfaatan
Membantu kepala seksi dalam menggoordinasikan pemanfaatan ruang
21
63.
7 Oktober 2010
Erlina
64.
7 Oktober 2010
Juan
65.
7 Oktober 2010
Mazwar
66.
7 Oktober 2010
Edi Palung
Ketapang, Kalimantan Barat Kantor Lingkungan Hidup Kab. Ketapang, Kalimantan Barat Kantor Lingkungan Hidup Kab. Ketapang, Kalimantan Barat Kantor Lingkungan Hidup Kab. Ketapang, Kalimantan Barat Yayasan Palung, Ketapang, Kalimantan Barat
ruang
di luar kawasan hutan
Kepala seksi perlindungan dan konservasi
Membantu menyiapkan kebijakan dalam perlindungan dan konservasi lingkungan di wilayah kabupaten
Staf seksi perlindungan dan konservasi
Membantu kepala seksi dalam menyiapkan kebijakan dalam perlindungan dan konservasi lingkungan di wilayah kabupaten Membantu menyiapkan program pemantauan dan evaluasi rencana pengelolaan lingkungan di wilayah kabupaten Mengawal revisi tata ruang kabupaten
Kepala seksi dampak lingkungan Staf Yayasan
22
ANNEX iii - INTERVIEW QUESTIONS (note in no particular order and not necessarily all asked) QUESTIONS TO BAPPEDA & DINAS PEKERJAAN UMUM • • • • • • • • • • • • • • • • • • • •
What is the process of preparation/revision of provincial/district spatial planning? What agencies area involved in the process of provincial / district spatial planning? Does the process of preparation/revisions of provincial/district level spatial planning in your department always follow the proper process and procedure? How integrated is the team formed by Ministry of Forestry which decides a proposed change of forest area use or forest area released? What is the process of deciding where oil palm plantations will be developed? What is the relationship between the development of oil palm plantation with provincial/ district spatial planning? What is Bappeda’s role in regulating the location of an oil palm plantation? Who is most influential in deciding where new oil palm plantations should be placed? What factors are most considered when deciding where oil palm plantations should be placed? Have you ever heard of the RSPO and its P & C? Do you know there are palm oil companies who are trying to reach the RSPO P & C in the provincial / district? What would be the best way to include the requirements of the RSPO P & C related biodiversity into provincial / district spatial planning? What would you suggest is the most suitable way to reduce the negative impact of the expansion of oil palm plantations using spatial planning? Where or in what category of oil palm plantation land is usually developed? Which institutions usually request a change of forest area use or forest area release so that the land suitable for palm oil plantation? What categories of land area usually proposed to have its designation changed for the land that suitable for oil palm plantation? What are the main reasons for changing / removing the forest area into land for APL can be developed into oil palm plantation? Does the process of forest areas use change always follows proper procedures? Is the allocation of oil palm plantations limited? Are there any examples where oil palm plantations have been allocated in forest areas (HP or HL)?
QUESTIONS TO DINAS PERKEBUNAN • • • • • •
• •
What role of Plantation Office in the process of spatial planning? What is the role of Plantation Office in regulating where an oil palm plantation will be developed? What agencies are involved in the process of allocating new oil palm plantation? Who is most influential in deciding where new oil palm plantations should be placed? What factors are considered most in deciding where oil palm plantations should be placed? Are there any environmental factors considered when determining where oil palm plantations will be developed? For example, are there any forest areas that should be left in the oil palm plantation? Have you ever heard of the RSPO and its P & C? Do know there are oil companies who are trying to reach the RSPO P & C at this provincial / district?
23
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• • • • • •
Does the RSPO P & C biodiversity has been taken into consideration in the development of new oil palm plantation? If yes, how or in what way the RSPO P & C is considered? What would be the best way to include the requirements of the RSPO P & C related biodiversity into provincial / district spatial planning? How is the best way to reduce the negative impact of the expansion of palm oil plantations? Where or in what land category that usually oil palm plantation is developed? Does a provincial / district have a specific target to be achieved in developing the oil palm plantation? Does oil palm plantations is always limited placed on right land category? Are there any examples of where oil palm plantations are allocated in forest areas (HP or HL)?
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ANNEX iv – LETTER FROM THE GOVERNOR OF JAMBI TO SPATIAL PLANNING STAFF
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