Gov’t Issues Regulation No. 26/2020 on Forest Rehabilitation, Reclamation
Date 9 Juni 2020
In a bid to improve management of forests and land by still noting its features, characteristics, and functions as conservation, protection, or production forests so that the people will receive maximum benefits of the forests and land, the Government deemed it necessary to issue Government Regulation Number 26 of 2020 on Rehabilitation and Reclamation of Forest.
The Government Regulation which was signed by President Joko “Jokowi” Widodo on 20 May 2020, is an amendment of Government Regulation Number 76 of 2008 on Rehabilitation and Reclamation of Forest. In addition, forest rehabilitation and reclamation must be carried out to recover, maintain, and improve the function of forest and land in order to increase its environmental carrying capacity, productivity, and role as life support.
“Forest rehabilitation and reclamation is a part of forest management. To implement it, general patterns, criteria, and standards of forest rehabilitation and reclamation must be set,” Article 2 and 3 of the Government Regulation reads.
General patterns of forest rehabilitation and reclamation as referred to in Article 3, include: a. the principles in carrying out forest rehabilitation and reclamation; and b. approaches in the implementation of forest rehabilitation and reclamation.
The principles as referred to in Article 4 paragraph (1) letter a, cover: a. transparency and accountability; b. authority clarity; c. multiyear budgeting system; d. participation; e. community empowerment and institutional capacity; f. tenurial system; g. cost sharing; and h. incentive system.
Approaches in the implementation of forest rehabilitation and reclamation as referred to in Article 4 paragraph (1) letter b cover the aspects of: a. politic; b. social; c. economy; and d. ecosystem.
Criteria and standards of forest rehabilitation and reclamation as referred to in Article 3, cover: a. regional aspect; b. institutional aspect; d. technological aspect.
“Forest and land rehabilitation will be prioritized to critical land through: a. forest rehabilitation; b. land rehabilitation. Forest rehabilitation will be carried out to forest areas except for nature reserve areas and core zone of national parks,” Article 9 paragraph (1) and (2) reads.
Forest rehabilitation as referred to in Article 9 paragraph (1) letter a, will be performed by: a. The Minister, for forest area covering conservation, protection, and production forests that are not subjects for management right or utilization permit; b. governors or regents/mayors for forest parks based on their respective authorities; c. owner of management right or utilization permit for the rehabilitation of forest areas which are subjects for management right or utilization permit; and d. owner of Borrow-to-Use Forestry Permit or the owner of Ministerial Decree on Forest Status Alteration due to exchange of forest land which are subject of rehabilitation.
Land rehabilitation as referred to in Article 9 paragraph (1) letter b will be performed by: a. The Provincial Government for land that is not subject for management right; and b. owner of the right for land that is subject for management right.
“Forest and land rehabilitation will be made in several stages: a. planning; and b. implementation,” Article 14 of the Government Regulation reads.
According to the Regulation, Forest and land rehabilitation supporting activities are, among others: a. precondition activities; b. seeding; c. development of technology; d. prevention and mitigation of forest and land fires; e. protection of the plants; and/or f. institutional development.
Based on the Regulation, utilization of forests rehabilitation which are funded by the Central Government, Provincial Governments, or Regional Governments at regency/city level must be done according to the provisions of laws and regulations.
Further provisions regarding the utilization of land rehabilitation which are funded by the Central Government, or Regional Governments and by the owners of right or license are stipulated in the Ministerial Regulation.
Forest reclamation that is performed due to utilization of forest area, as referred to in Article 33 paragraph (2) letter a, covers: a. listing of locations; b. choosing the location; c. planning; and d. implementing the reclamation.
The Government Regulation also regulates involvement of the people in forest rehabilitation and reclamation to manifest transparent, effective, accountable, and quality-oriented implementation and to improve policy making quality in the implementation of forest rehabilitation and reclamation.
The public can play active role in the rehabilitation and reclamation through: a. public consultation in drafting regulation or policy on forest rehabilitation and reclamation; b. voice their aspiration; c. dissemination; and/or d. seminar, workshop, and/or discussion.
Based on the Regulation, the public can be involved in: a. planning; b. implementation; c. monitoring; and/or d. funding.
Minister or governor based on their respective authorities is obliged to foster and manage the implementation of forest rehabilitation and reclamation.
To ensure good organization of forest rehabilitation and reclamation, the Minister shall foster and manage policies of the governor; while the governor shall foster and manage policies of the regent/mayor.
The program is funded by the State Budget, regional budget, and/or other legal and non-binding budget sources based on provisions of laws and regulations.
“This Government Regulation shall apply as of the date of its promulgation,” Article 65 of the Government Regulation which was stipulated by Minister of Law and Human Rights Yasonna Laoly on 20 May 2020 reads. (EN)
Translated by : Rany Anjany
Reviewed by: Yuyu Mulyani