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Ada Pertanyaan? Hubungi Kami Marcell Sihombing, Fathan Qorib
Forest utilization. Photo by: SGP
In an effort to boost the development of Indonesia’s non-forestry industries, President Joko Widodo announced the introduction of Government Regulation No. 104 of 2015 on Guidelines for the Designation and Function of Forested Areas (2015 Regulation) in December of last year. This new regulation allows for the designation and function of forested areas to be changed in accordance with national development and the aspirations of the general public, while also taking the conservation and continuity of the country’s forested areas into consideration.
Under the 2015 Regulation, the designation and function of forested areas can be altered by the Minister for the Environment and Forestry (Minister) based on the results of comprehensive research conducted by a government institution in possession of the necessary scientific authority and working in cooperation with the relevant stakeholders. There are two ways in which the designation and function of a forested area can be changed. The first of these methods involves changing the status of a partially forested area, while the second involves changing the status of a provincial forested area. However, such functional changes can only apply to conservation forests, protected forests, and production forests.
The 2015 Regulation stipulates two methods whereby the designation of a forested area can be partially changed. Either the relevant change can be made through the exchange of designations between forested areas, or through the annulment of an area’s status as a forested zone. These changes can be requested by ministers or other government officials of a similar level, as well as governors or mayors/regents, heads of legal entities, individuals, groups of individuals, and/or the general public.
Exchanges of designation between different forested areas are only allowed for the purposes of non-forestry construction, for the closing down of enclaves in order ease forestry management, and for the repairing forest boundaries. However, any exchange in the designation of a forested area must ensure that the remaining area of forest amounts to at least 30% of the so-called River Flow Area (Daerah Aliran Sungai - DAS), island area, or provincial area. Moreover, no exchange of forest designation should neglect the supportive capabilities of the forested areas in question.
Another way of partially changing the designation of a forested area is to have its status as a forested area annulled. Only convertible-production areas of forest which have been proven to be unproductive are allowed to undergo such annulments. This provision, however, can be disregarded if the type of forested area in question does not exist in a particular province. An additional requirement is also stipulated under Article 19 of the 2015 Regulation and states that “The annulment of any convertible-production forest status cannot be processed in provinces containing forested areas that make up 30% or less of the province’s total area, unless an exchange of designation between forested areas is also undertaken.”
Conversely, changes to the function of a forested area can be undertaken through an exchange of the main function of the forested area in question, or through a modification of a forest’s function without any changes being made to its primary function.
An exchange of a forested area's primary function is undertaken by converting a conservation forest into either a protected forest or a production forest, or by converting a protected forest into either a conservation forest or a production forest, or finally by converting a production forest into either a conservation forest or a protected forest.
Several conditions have to be satisfied when the primary function of a forested area is changed. By way of example, the conversion of a conservation forest into an area of protected forest or production forest can only be carried out if the conservation forest in question does not satisfy all of the relevant criteria which apply to conservation forests, but satisfies all of the relevant criteria which apply to areas of protected forest or production forest instead. These conditions also apply to changes to the status of protected forests and production forests.
On the other hand, any modifications that are made to the function of an area of forest, without any changes being made to its primary function, allow for a nature-reserve to be converted into either an animal reserve, a national park, a grand forest park, a natural tourism park, or a game reserve. And similarly, any of the other areas listed above may also be similarly converted.
Provincial Forests
The 2015 Regulation stipulates that changes to the designation and function of provincial forests are allowed for the following types of forested areas: conservation forests, protected forests, and production forests. Any such change can only be made at the suggestion of a governor to the Minister, after the change in question has first been integrated into a provincial spatial-planning revision.
It should be noted that any changes made to the function of a provincial forest must also satisfy the requirements set out in Article 35 of the 2015 Regulation, and that, “Changing the function of forested areas into convertible production forest are not applicable in provinces in possession of forested areas amounting to 30% or less of the province’s total area.”
Under the 2015 Regulation, the designation and function of forested areas can be altered by the Minister for the Environment and Forestry (Minister) based on the results of comprehensive research conducted by a government institution in possession of the necessary scientific authority and working in cooperation with the relevant stakeholders. There are two ways in which the designation and function of a forested area can be changed. The first of these methods involves changing the status of a partially forested area, while the second involves changing the status of a provincial forested area. However, such functional changes can only apply to conservation forests, protected forests, and production forests.
The 2015 Regulation stipulates two methods whereby the designation of a forested area can be partially changed. Either the relevant change can be made through the exchange of designations between forested areas, or through the annulment of an area’s status as a forested zone. These changes can be requested by ministers or other government officials of a similar level, as well as governors or mayors/regents, heads of legal entities, individuals, groups of individuals, and/or the general public.
Exchanges of designation between different forested areas are only allowed for the purposes of non-forestry construction, for the closing down of enclaves in order ease forestry management, and for the repairing forest boundaries. However, any exchange in the designation of a forested area must ensure that the remaining area of forest amounts to at least 30% of the so-called River Flow Area (Daerah Aliran Sungai - DAS), island area, or provincial area. Moreover, no exchange of forest designation should neglect the supportive capabilities of the forested areas in question.
Another way of partially changing the designation of a forested area is to have its status as a forested area annulled. Only convertible-production areas of forest which have been proven to be unproductive are allowed to undergo such annulments. This provision, however, can be disregarded if the type of forested area in question does not exist in a particular province. An additional requirement is also stipulated under Article 19 of the 2015 Regulation and states that “The annulment of any convertible-production forest status cannot be processed in provinces containing forested areas that make up 30% or less of the province’s total area, unless an exchange of designation between forested areas is also undertaken.”
Conversely, changes to the function of a forested area can be undertaken through an exchange of the main function of the forested area in question, or through a modification of a forest’s function without any changes being made to its primary function.
An exchange of a forested area's primary function is undertaken by converting a conservation forest into either a protected forest or a production forest, or by converting a protected forest into either a conservation forest or a production forest, or finally by converting a production forest into either a conservation forest or a protected forest.
Several conditions have to be satisfied when the primary function of a forested area is changed. By way of example, the conversion of a conservation forest into an area of protected forest or production forest can only be carried out if the conservation forest in question does not satisfy all of the relevant criteria which apply to conservation forests, but satisfies all of the relevant criteria which apply to areas of protected forest or production forest instead. These conditions also apply to changes to the status of protected forests and production forests.
On the other hand, any modifications that are made to the function of an area of forest, without any changes being made to its primary function, allow for a nature-reserve to be converted into either an animal reserve, a national park, a grand forest park, a natural tourism park, or a game reserve. And similarly, any of the other areas listed above may also be similarly converted.
Provincial Forests
The 2015 Regulation stipulates that changes to the designation and function of provincial forests are allowed for the following types of forested areas: conservation forests, protected forests, and production forests. Any such change can only be made at the suggestion of a governor to the Minister, after the change in question has first been integrated into a provincial spatial-planning revision.
It should be noted that any changes made to the function of a provincial forest must also satisfy the requirements set out in Article 35 of the 2015 Regulation, and that, “Changing the function of forested areas into convertible production forest are not applicable in provinces in possession of forested areas amounting to 30% or less of the province’s total area.”
(rfs/sp)
Marcell Sihombing, Fathan Qorib
Forest utilization. Photo by: SGP
In an effort to boost the development of Indonesia’s non-forestry industries, President Joko Widodo announced the introduction of Government Regulation No. 104 of 2015 on Guidelines for the Designation and Function of Forested Areas (2015 Regulation) in December of last year. This new regulation allows for the designation and function of forested areas to be changed in accordance with national development and the aspirations of the general public, while also taking the conservation and continuity of the country’s forested areas into consideration.
Under the 2015 Regulation, the designation and function of forested areas can be altered by the Minister for the Environment and Forestry (Minister) based on the results of comprehensive research conducted by a government institution in possession of the necessary scientific authority and working in cooperation with the relevant stakeholders. There are two ways in which the designation and function of a forested area can be changed. The first of these methods involves changing the status of a partially forested area, while the second involves changing the status of a provincial forested area. However, such functional changes can only apply to conservation forests, protected forests, and production forests.
The 2015 Regulation stipulates two methods whereby the designation of a forested area can be partially changed. Either the relevant change can be made through the exchange of designations between forested areas, or through the annulment of an area’s status as a forested zone. These changes can be requested by ministers or other government officials of a similar level, as well as governors or mayors/regents, heads of legal entities, individuals, groups of individuals, and/or the general public.
Exchanges of designation between different forested areas are only allowed for the purposes of non-forestry construction, for the closing down of enclaves in order ease forestry management, and for the repairing forest boundaries. However, any exchange in the designation of a forested area must ensure that the remaining area of forest amounts to at least 30% of the so-called River Flow Area (Daerah Aliran Sungai - DAS), island area, or provincial area. Moreover, no exchange of forest designation should neglect the supportive capabilities of the forested areas in question.
Another way of partially changing the designation of a forested area is to have its status as a forested area annulled. Only convertible-production areas of forest which have been proven to be unproductive are allowed to undergo such annulments. This provision, however, can be disregarded if the type of forested area in question does not exist in a particular province. An additional requirement is also stipulated under Article 19 of the 2015 Regulation and states that “The annulment of any convertible-production forest status cannot be processed in provinces containing forested areas that make up 30% or less of the province’s total area, unless an exchange of designation between forested areas is also undertaken.”
Conversely, changes to the function of a forested area can be undertaken through an exchange of the main function of the forested area in question, or through a modification of a forest’s function without any changes being made to its primary function.
An exchange of a forested area's primary function is undertaken by converting a conservation forest into either a protected forest or a production forest, or by converting a protected forest into either a conservation forest or a production forest, or finally by converting a production forest into either a conservation forest or a protected forest.
Several conditions have to be satisfied when the primary function of a forested area is changed. By way of example, the conversion of a conservation forest into an area of protected forest or production forest can only be carried out if the conservation forest in question does not satisfy all of the relevant criteria which apply to conservation forests, but satisfies all of the relevant criteria which apply to areas of protected forest or production forest instead. These conditions also apply to changes to the status of protected forests and production forests.
On the other hand, any modifications that are made to the function of an area of forest, without any changes being made to its primary function, allow for a nature-reserve to be converted into either an animal reserve, a national park, a grand forest park, a natural tourism park, or a game reserve. And similarly, any of the other areas listed above may also be similarly converted.
Provincial Forests
The 2015 Regulation stipulates that changes to the designation and function of provincial forests are allowed for the following types of forested areas: conservation forests, protected forests, and production forests. Any such change can only be made at the suggestion of a governor to the Minister, after the change in question has first been integrated into a provincial spatial-planning revision.
It should be noted that any changes made to the function of a provincial forest must also satisfy the requirements set out in Article 35 of the 2015 Regulation, and that, “Changing the function of forested areas into convertible production forest are not applicable in provinces in possession of forested areas amounting to 30% or less of the province’s total area.”
Under the 2015 Regulation, the designation and function of forested areas can be altered by the Minister for the Environment and Forestry (Minister) based on the results of comprehensive research conducted by a government institution in possession of the necessary scientific authority and working in cooperation with the relevant stakeholders. There are two ways in which the designation and function of a forested area can be changed. The first of these methods involves changing the status of a partially forested area, while the second involves changing the status of a provincial forested area. However, such functional changes can only apply to conservation forests, protected forests, and production forests.
The 2015 Regulation stipulates two methods whereby the designation of a forested area can be partially changed. Either the relevant change can be made through the exchange of designations between forested areas, or through the annulment of an area’s status as a forested zone. These changes can be requested by ministers or other government officials of a similar level, as well as governors or mayors/regents, heads of legal entities, individuals, groups of individuals, and/or the general public.
Exchanges of designation between different forested areas are only allowed for the purposes of non-forestry construction, for the closing down of enclaves in order ease forestry management, and for the repairing forest boundaries. However, any exchange in the designation of a forested area must ensure that the remaining area of forest amounts to at least 30% of the so-called River Flow Area (Daerah Aliran Sungai - DAS), island area, or provincial area. Moreover, no exchange of forest designation should neglect the supportive capabilities of the forested areas in question.
Another way of partially changing the designation of a forested area is to have its status as a forested area annulled. Only convertible-production areas of forest which have been proven to be unproductive are allowed to undergo such annulments. This provision, however, can be disregarded if the type of forested area in question does not exist in a particular province. An additional requirement is also stipulated under Article 19 of the 2015 Regulation and states that “The annulment of any convertible-production forest status cannot be processed in provinces containing forested areas that make up 30% or less of the province’s total area, unless an exchange of designation between forested areas is also undertaken.”
Conversely, changes to the function of a forested area can be undertaken through an exchange of the main function of the forested area in question, or through a modification of a forest’s function without any changes being made to its primary function.
An exchange of a forested area's primary function is undertaken by converting a conservation forest into either a protected forest or a production forest, or by converting a protected forest into either a conservation forest or a production forest, or finally by converting a production forest into either a conservation forest or a protected forest.
Several conditions have to be satisfied when the primary function of a forested area is changed. By way of example, the conversion of a conservation forest into an area of protected forest or production forest can only be carried out if the conservation forest in question does not satisfy all of the relevant criteria which apply to conservation forests, but satisfies all of the relevant criteria which apply to areas of protected forest or production forest instead. These conditions also apply to changes to the status of protected forests and production forests.
On the other hand, any modifications that are made to the function of an area of forest, without any changes being made to its primary function, allow for a nature-reserve to be converted into either an animal reserve, a national park, a grand forest park, a natural tourism park, or a game reserve. And similarly, any of the other areas listed above may also be similarly converted.
Provincial Forests
The 2015 Regulation stipulates that changes to the designation and function of provincial forests are allowed for the following types of forested areas: conservation forests, protected forests, and production forests. Any such change can only be made at the suggestion of a governor to the Minister, after the change in question has first been integrated into a provincial spatial-planning revision.
It should be noted that any changes made to the function of a provincial forest must also satisfy the requirements set out in Article 35 of the 2015 Regulation, and that, “Changing the function of forested areas into convertible production forest are not applicable in provinces in possession of forested areas amounting to 30% or less of the province’s total area.”
(rfs/sp)