Lois, politiques et stratégies

Policies and Strategies

Provincial REDD+ Strategy (SRAP) - finalized in 2012, the SRAP highlights on driver of deforestation, strategies and action plans, monitoring, reporting, verification, and mainstreaming of SRAP into regional development.

Local Action Plan for Greenhouse Gases Emission Reduction (RAD-GRK) - establishes a provincial strategy for reducing greenhouse gas emissions through 2020. Through the strategy East Kalimantan seeks to reduce GHG emissions by 15.6% by 2020 and was formalized in 2014.

East Kalimantan Provincial Forest Plan 2011-2030 - Medium term forest development plan for the province.

Laws and Regulations

Provincial Regulation (6/2016) - provincial regulation on the rehabilitation of critical forest land

Governor Regulation (101/2016)- establishes the organizational structure of technical activities unit for regional development in East Kalimantan province

Governor Regulation (60/2015) - establishment of the organizations structure of the technical specialty unit for forestry development in East Kalimantan province

Provincial Regulation (17/2015) - regulates legal management in the mining, forestry and palm oil planning sectors in East Kalimantan province.

Provincial Regulation (15/2015) - guidelines for issuing the right forest management rights

Governor Regulation (39/2014) - enacts provincial action plan to reduce the GHG that covers forestry, plantation, mining, peat, husbandry, enery, transportation, industry, and waste.

Governor decree (180/1375-Hk/2013) - issues a moratorium of mining, forestry and plantation new permits issuance which pending the permits and conducting audit of the current permits.

Governor Regulation (19/2012) - Formalizing the East Kalimantan Provincial Forestry Plan through 2030

Cadre institutionnel

Technical Unit for Conservation Management (UPTD Pembinaan dan Pelestarian Alam) – tasked with the enforcement of laws against illegal logging activities. It performs its functions in coordination with the Forest Police Unit ‘SPORC’.

Technical Unit for Land and Forest Fire Control (UPTD Pengendalian Kebakaran Hutan dan Lahan)– tasked with overseeing strategy aimed at implementing zero burning policy.

Provincial Forestry Council (Dewan Kehutanan Daerah) – oversees provincial government forestry policy; it declared ‘East Kalimantan Green’ vision at the East Kalimantan Summit in 2010.

Provincial Climate Change Council (Dewan Daerah Perubahan Iklim, DDPI)– the ‘East Kalimantan Green’ was designed to be coordinated by Provincial Climate Change Council. DDPI was the extension hand of the National Climate Change Council before the national council was merged with the Ministry of Forestry and Environment. DDPI is chaired by the Governor and consists of representatives of the different agencies dealing with land use and climate change issues. The council works closely with the different stakeholders that aim to reduce the GHG emissions through their strategies and activities.

East Kalimantan Forestry Agency – tasked to manage and oversee forestry sector related issues, including policy formulation.

East Kalimantan Estate Crop Agency- controls the non-forest areas land use, plan, and issuance of the permits.

East Kalimantan Environmental Agency- tasked with the protection and management of environment, including climate change related issues.

The Provincial Development Planning Agency- coordinates policy formulation of the provincial development planning based on sustainable and low carbon development.

Zonage et aménagement du territoire

East Kalimantan's Provincial Spatial Plan was approved through provincial bylaw 1/2016, covering the period of 2016-2036. The plan is available for download here.

Engagement et participation avec les peuples autochtones et les communautés locales

The Government of Indonesia fully recognizes the existence of indigenous people or customary (adat)community.Indonesia’s Constitution guarantees the legal rights of adat community. The Government is therefore obligated to provide and secure their legal status and identity. Adat community is defined as community possessing the following characteristics: (a) having been settled in a particular geographic area for over generations, (b) demonstrating the existence of ancestry ties, (c) strong dependence on the environment, (d) following a particular economic, politic, social and legal system (Law No 32/2009). In obtaining their legal status and identify, however, the adat community is required to file a formal request to the government followed by further identification and verification before the government grants their legal status. These can be problematic as adat community often have limited knowledge and capacity regarding their legal status and rights. Non-Government organizations, such as AMAN and others, have been actively providing support to certain adat communities. However, there is a need for more comprehensive documentation of adat communities, including their tenurial conflicts with other communities, companies (especially mining companies) and the government.

Land and forest tenurial conflicts have been and will continue to be of major concern for customary communities. Since 2012, Indonesia has been putting significant efforts in identifying the existing tenurial and other land use and forestry related conflicts, as well as in developing relevant policies and regulatory framework. The emissions reduction efforts will take into account the indicative tenurial conflict map that has been developed in which around 201 conflicts have been identified. The conflicts were mostly occurred in Sumatera (60.7%) and Kalimantan (16.4%). These will be complemented by a joint assessment by the government and adat community as part of the mitigation action. The refinement of community based conflict handling mechanisms will be conducted in accordance to the relevant regulatory framework for addressing tenurial conflict, among other, Law No. 7/2012 on social conflict management, Regulation of the Ministry of Environment and Forestry (MoEF) No. 32/2015 on forestry rights, MoEF Ministerial Regulation No. 84/2015 on Forestry Tenurial Conflict Handling, MoEF Ministerial Regulation No. 83/2016 on Social Forestry, MoEF Ministerial Regulation No. 34/2017 on the protection of local wisdom in natural resources and environmental management.

Adat community and local community’s engagement in the conflict handling mechanisms will be further strengthened through various ways. These included the adoption of the minimum standards of gender mainstreaming and inclusive processes, in which adat community is one of the major concerns along with other marginalized and vulnerable group, the establishment of community based conflict early warning mechanism, and paralegal training on tenurial rights.

Following the Indonesia Constitutional Court decision (2012) that guaranteed the legal rights of the adat community over land and forests and in support of the national government’s social forestry program, in 2015 East Kalimantan Government passed a regulation that acknowledged and protected the existence and the rights of adat community’s rights. East Kutai District in East Kalimantan also passed similar district regulations. With a target to devolve forest management rights to communities over 12.7 million hectares across Indonesia by 2019, East Kalimantan was given the target of 660,782 hectares. To date, the province has devolved a total of 102,235 hectares of forests under the following social forestry programs: 1 customary forest (hutan adat), 18 village forests (hutan desa), 2 community forests (hutan kemasyarakatan), 7 community plantation forests (hutan tanaman rakyat), and 3 forest partnership (hutan kemitraan).