Government Regulation No. 10 of 2010 on Procedures for Conversion of Allocation and Functions of Forest Areas - an implementing regulation to Article 19 of Law No. 41 of 1999 on Forestry as amended by Law No. 19 of 2004 - has been issued as part of the Ministry of Forestry’s ‘100 Day Program’. In short, the regulation does two things: (1) centralizes authority in the central government (i.e., Minister of Forestry) to classify, or “allocate” portions of forests as one sort or another (e.g., ‘protected forest’, ‘production forest’), and; (2) clarifies procedures around converting forest areas from one classification to another.
Forest areas are broadly categorized as one of three types: production, conservation, and protected; each has specific rules about the functions and extent of resource exploitation that is permitted - and this is similarly true for the numerous forest area sub-categories. There are two broad types of conversions: function (i.e., those activities that are allowed by regulation within a certain type of forest area), and allocation (i.e., re-classification of a forest area entirely). The regulation goes on to articulate a number of sub-categories of conversions, and what sorts of requirements must be satisfied in each case.
The land-to-forest ratio is the principal determinant of whether a forest area conversion is possible: if forests account for less than 30% of the total land of an island, re-classifying any forest areas (e.g., from a ‘protected’ to ‘production’ forest) is prohibited. If forests are plentiful, an application for re-allocating a portion of the forest can be submitted, and - if approved - the Minister of Forestry will issue a Decree to re-classify the forest area.
Although Provinces can make proposals and suggestions, they too must secure a Ministerial Decree before re-allocating any forests - as opposed to previously, when they retained confused authority to do so due to an incomplete regulatory framework.
In brief, to apply for a Ministerial re-classification of a forest area, one must obtain an in principal license by according with the series of procedures detailed in Articles 13-18, 20, and 24 of the regulation - although some technical requirements await further implementing regulation.
Prior to any re-allocation of a forest area, the government is obliged to thoroughly research the current situation, and implications of any policy adjustment; it must also take full consideration of national interests and the aspirations of Indonesian citizens.
Any ongoing conversions - licensed or not - must comply with this regulation unless a Ministerial Decree has already been issued. Failure to comply could result in license-related administrative sanctions.
This regulation has been in force since 22 January 2010.
Previous to this regulation, overlapping authorities between the federal and provincial governments to allocate portions of a forest as one type or another have created contradictory practices and, in many cases, abuse of protected forests.
Government Regulation No. 10 of 2010 on Procedures for Conversion of Allocation and Functions of Forest Areas - an implementing regulation to Article 19 of Law No. 41 of 1999 on Forestry as amended by Law No. 19 of 2004 - has been issued as part of the Ministry of Forestry’s ‘100 Day Program’. In short, the regulation does two things: (1) centralizes authority in the central government (i.e., Minister of Forestry) to classify, or “allocate” portions of forests as one sort or another (e.g., ‘protected forest’, ‘production forest’), and; (2) clarifies procedures around converting forest areas from one classification to another.
Forest areas are broadly categorized as one of three types: production, conservation, and protected; each has specific rules about the functions and extent of resource exploitation that is permitted - and this is similarly true for the numerous forest area sub-categories. There are two broad types of conversions: function (i.e., those activities that are allowed by regulation within a certain type of forest area), and allocation (i.e., re-classification of a forest area entirely). The regulation goes on to articulate a number of sub-categories of conversions, and what sorts of requirements must be satisfied in each case.
The land-to-forest ratio is the principal determinant of whether a forest area conversion is possible: if forests account for less than 30% of the total land of an island, re-classifying any forest areas (e.g., from a ‘protected’ to ‘production’ forest) is prohibited. If forests are plentiful, an application for re-allocating a portion of the forest can be submitted, and - if approved - the Minister of Forestry will issue a Decree to re-classify the forest area.
Although Provinces can make proposals and suggestions, they too must secure a Ministerial Decree before re-allocating any forests - as opposed to previously, when they retained confused authority to do so due to an incomplete regulatory framework.
In brief, to apply for a Ministerial re-classification of a forest area, one must obtain an in principal license by according with the series of procedures detailed in Articles 13-18, 20, and 24 of the regulation - although some technical requirements await further implementing regulation.
Prior to any re-allocation of a forest area, the government is obliged to thoroughly research the current situation, and implications of any policy adjustment; it must also take full consideration of national interests and the aspirations of Indonesian citizens.
Any ongoing conversions - licensed or not - must comply with this regulation unless a Ministerial Decree has already been issued. Failure to comply could result in license-related administrative sanctions.
This regulation has been in force since 22 January 2010.
Previous to this regulation, overlapping authorities between the federal and provincial governments to allocate portions of a forest as one type or another have created contradictory practices and, in many cases, abuse of protected forests.
Ada Pertanyaan? Hubungi Kami 
Professional Solutions
University Solutions
Pro
My Workspace
Pro AI
Terfavorit
Allex QnA
Pro Compliance
