North Kalimantan Indonesia
Laws, Policies and Strategies

Policies and Strategies

Long Term Development Plan of the Provinces of North Kalimantan in 2005-2025 - Established with the Vision "Realization of North Kalimantan province as the Frontier Being the Homeland Advanced Home Forward, prosperous, cultured, Just and Civilized"

Medium Term Development Plan of the Province of North Kalimantan in 2016 - 2021 (RPJMD) - in accordance with the elected Vice Governor and Vice Governor's Vision "Combined in Pluralism to Create Self-Reliance 2020, Safe and Peaceful, Supported by a Clean and Strong Government" .

Laws and Regulations

Law no. 20 of 2012 - On the Establishment of North Kalimantan Province: Formally establishes North Kalimantan Province which is an expansion of East Kalimantan Province, consisting of 4 (four) districts and 1 (one) city, namely Bulungan District, Tarakan City, Malinau District, Nunukan Regency, and Tana Tidung Regency. North Kalimantan Province has a total area of ± 75,467.70 km2 with a population of ± 622,350 people in 2011 and consists of 38 (thirty eight) sub-districts and 471 (four hundred seventy one) villages / kelurahan.

Institutional Framework

North Kalimantans institutional framework was established through Local Regulation no. 5 of 2016 on the Establishment and Composition of North Kalimantan Provincial Government. Key agencies include:

Department of Agricultural Services and Food Security - organizes government affairs in agriculture and government affairs in the field of food security.

Environmental Agency - the agency that organizes the environmental affairs of the government.

Community and Village Empowerment Office - agency that carries out government affairs in the field of community and village empowerment.

Marine and Fisheries Service Office- agency that organizes government affairs in the field of marine and fisheries.

Forestry Service - the agency that administers government affairs of the field forestry.

Office of Energy and Mineral Resources - the agency that administers government affairs in the field of energy and mineral resources

Regional Development Planning Agency - a body that performs supporting functions in the field of planning and supporting functions in the field of research and development.

Zoning and Spatial Planning

Passed through Local Regulation no. 1 year 2017 on the Regional Spatial Plan of North Kalimantan Province in 2017 - 2037, where the objective of spatial planning of the Province of North Kalimantan is to realize the welfare of society equally and sustainably according to physio-geographic potential of North Kalimantan Province including agriculture, plantation, forestry and fishery centers. More on the spatial plan can be found here.

Engagement and Participation with Indigenous Peoples and Local Communities

Local communities and indigenous peoples around or inside the forest area have local wisdom in managing their forest resources. They have for generations been managing forests with rules that pay attention to aspects of environmental sustainability. By farming with traditional knowledge they have been able to maintain the sustainability of their forests.

Community involvement in forest management has actually been accommodated in Forestry Law No. 41/1999 but the rights of management by the community in the field have not been fully provided. By Decision of the Constitutional Court Number 35 Year 2012, customary forests were no longer designated as state land. To implement this court ruling, the regions are obliged to make local regulations on indigenous peoples, as the basis of the central government to issue customary forests claimed by communities from state forests. In order to support the policy, the Ministry of Environment and Forestry has also issued a Letter of the Minister of Environment dated 5 April 2017 regarding information on the process of establishing customary forest, as a direction to the community.

Based on PermenLHK Number 23 of 2015 on Right Forests, customary forest is a forest within the customary law community. And in article 6 mentioned the determination of customary forests must meet three conditions, one of which the existence of customary law community or hak ulayat that has been recognized by local government through the product of local law.

The current condition of the 4 districts in North Kalimantan Province, the three districts of Bulungan, Malinau and Nunukan have had a Local Regulation (Perda) which regulates the customary law community. In Bulungan throught Local Regulation No. 12 of 2016 on the Implementation of the Protection of Indigenous People's Protection; in Malinau through Local Regulation No. 10 of 2012 on the Recognition and Protection of Malinau Customary Rights; and in Nunukan through Local Regulation No. 4 of 2004 on Indigenous Peoples Rights of Lundayeh Customary Law. However, only one customary area -- Punan Adiu Malinau Adat Forest -- has been confirmed by the head of the district.

The provincial government seeks to empower communities, and in particular forest-dependent communities, through agencies that support community-based forestry development programs. This is intended as a solution for people who have already engaged in cultivating agriculture in forest areas. Through community forestry programs within the forest area, there are legal opportunities and access through the Hkm scheme, Village Forest, Community Plantation Forest, HPHD and Indigenous Forest.

Local Regulation no. 1 year 2017 on the Regional Spatial Plan of North Kalimantan Province in 2017 - 2037 where the province accommodates indigenous peoples through three land designations: protected area, cultivation area and custom forest area.