Potrait of Forestry Governance Implementation: A Case...

Potrait of Forestry Governance Implementation:

A Case Study in South Barito District,

Central Kalimantan

Jaringan Tata Kelola KehutananSecretariat :Forest Watch IndonesiaJl. Sempur Kaler No.26. Bogor 16129, INDONESIAPhone. +62 2518 333-308, Fax. +62 251 8317-926Email : [email protected]; Website: www.fwi.or.idTwitter : @fwindonesiaFacebook : Pemantau Hutan Website JTKH : www.tatakelolahutan.net

Portrait of Forestry Governance Implementation :A Case Study in South Barito District, Central Kalimantan

Jaringan Tata Kelola KehutananSecretariat :Forest Watch IndonesiaJl. Sempur Kaler No.26. Bogor 16129, INDONESIAPhone. +62 2518 333-308, Fax. +62 251 8317-926Email : [email protected]; Website: www.fwi.or.idTwitter : @fwindonesiaFacebook : Pemantau Hutan Website JTKH : www.tatakelolahutan.net

Portrait of Forestry Governance Implementation:A Case Study in South Barito District, Central Kalimantan

Writer:Christian Purba, Citra Hartati, Andi Chairil Ichsan, Isnenti Apriani, Muhammad Juaini, Mariaty A. Niun

Editor:Arie Rompas

Layout :Wishnu Tirta Setiadi

©Forest Watch Indonesia2014

Publisher :Forest Watch [email protected]

Portrait of Forestry Governance ImplementationA Case Study in South Barito District, Central Kalimantan A Case Study in South Barito District, Central Kalimantan

PENGANTAR

With the Grace of God Almighty, we feel gratitude for His blessings that this report is finally finished. The process to write this report is one of the steps from long process in finding facts and information on the portrait of forest governance implementation in South Barito District.

The assessment is based on global assessment indicators which have been adjusted with the context and forest characteristic in Indonesia. After went through several steps for almost 1,5 years, finally it resulted on the document of criteria and indicators for forest governance that suitable with the context of this country.

Based on the experiences, the Governance of Forest Initiative (GFI) tried to develop the assessment framework which expected can be more specific to represent the characteristic of the research sites through implementing assessment criteria and indicators framework that have been developed including four main principles: Transparency, Participation, Accountability, and Coordination in the forest governance.

We realize that this report is still far from perfect. Apart from the imperfectness, we hope that this report can give honest information on portrait of forest governance condition in South Barito District to promote better implementation of forest governanc

Jakarta, April 2014

Writer Team

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Portrait of Forestry Governance ImplementationA Case Study in South Barito District, Central Kalimantan A Case Study in South Barito District, Central Kalimantan

TABLE OF CONTENTPreface ............................................................................................................................................................

Table of Content ............................................................................................................................................

1. Introduction ..............................................................................................................................................

1.1. Background ........................................................................................................................................

1.1.1. Governance of Forest Initiative (GFI) ...........................................................................

1.1.2. The Location of Forest Governance Assessment .........................................................

1.1.3. South Barito District .......................................................................................................

1.2. Methods ..............................................................................................................................................

2. The Study ..................................................................................................................................................

2.1. Forest Management ...........................................................................................................................

2.2 Forest Tenure ......................................................................................................................................

2.3. Forest Land Use Planning ...............................................................................................................

2.4. Forest Revenues And Economic Incentive ....................................................................................

3. Conclusion and Recommendation ........................................................................................................

3.1. Conclusion .........................................................................................................................................

3.2. Recommendation ..............................................................................................................................

Bibliography ...................................................................................................................................................

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Portrait of Forestry Governance Implementation

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A Case Study in South Barito District, Central Kalimantan

INTRODUCTION

1.1. Background

For ten years (2002-2009) the remaining forests in Indonesia is only 46,3% or equals to 88 million hectares, where the 10,8 million hectares of it is peat forests. While it is estimated that the deforestation rates reach 1,5 million hectares per year11.Multifactor has caused the main reason for thehigh deforestation rates, such as: inconsistent government’s regulation, conflict of interest between the Ministry of Forestry with the other sectors, and land tenure issues which caused multi-dimension conflicts. Looking at

those conditions, deforestation cannot be separated from the context of forest management and its relation to the national development policies. Hence, there’s a need for systematic and holistic improvement, from the upstream to downstream in the whole of forestry aspect.

Improving forest management is not an easy task. However, the spirit for changes in the forestry sector already started since the reform era. It is marked by the issuance of Law no. 41 of 1999 on Forestry. But still it hasn’t answered the desire for changes in the forest management. Then the Decree of the People’s Representative Assembly (TAP MPR) IX/2001 on Agrarian Reformation and Natural Resources Management was issued, it reaffirm the government’s steps to improve the natural resources management aspect in Indonesia, including the forestry sector. 2

The President’s commitment reduce emission from various sectors of development, followed by several government’s policies, such as the Presidential Regulation no. 61 of 2011 on the National Action Plan to Reduce Greenhouse Gas Emission and Implementation Guidance of Action Plan to Reduce Greenhouse Gas Emission (National Development Planning Agency or Bappenas, 2011); Presidential Instruction no. 10 of 2011 and Presidential Instruction no. 6 of 2013 on Suspension New Licenses and Improving Forest Governance of Primary Forest and Peat land (Moratorium Presidential Instruction); Presidential Decree no. 25 of 2011 on Task Force for Preparing the Establishment of REDD+ (Reducing Emissions from Deforestation and Forest Degradation) Agency; REDD+ National Strategy (REDD+ Task Force, 2011); several policies on REDD+ technical implementation from the Ministry of Forestry; and several efforts by the provincial and regional governments. However, those commitments are weaken and failed to answer the real problems to reforming the forest management.

Transparent, inclusive, accountable, and coordinative forest management is expected to create ‘a sense of belonging’ by all stakeholders (the communities, private sector, and the government). It is needed to face several challenges with using alternative constructive, just, and sustainable solutions. Assessment and

1 Portrait of Indonesian Forests 2000-20092 Portrait of forest governance implementation: in-depth study in Central Kalimantan Province West Nusa Tenggara Provinces

Picture 1. The condition of deforestation


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analyses using good governance indicators is one of the answers. Transparent, participation, accountability, and coordination will reduce the possibility of violation in the forest resources management.

The message conveyed in the 16th Conference of the Parties (COP 16) United Nations Framework Convention on Climate Change (UNFCCC) in Cancun is that the good governance is important in the effort to reduce greenhouse gas from the land and forestry sectors. In Indonesia, the improvement of governance in the context of Reducing Emission from Deforestation and Forest Degradation (REDD+) preparation started to be implemented. The improvement is not only at the policy level, but also the assessment and measurement of forestry governance condition and REDD+ preparation.

1.1.1. Governance of Forest Initiative (GFI)

The initiative to assess the forestry governance arises as a response to international attention on the tropical forest management practices that affect the concentration of greenhouse gas. The tropical forests can be the carbon emitter and/or absorbent. This condition triggered several global climate change mitigation initiatives on countries with forests. The initiatives are expected to support the effort to save the remaining forests from destruction

The Governance of Forest Initiative (GFI) is a civil society coalition consists of countries with tropical forests such as Brazil, Cameroon, and Indonesia. Indonesia-the third country with biggest forest covers after Brazil and Congo-has big roles in the global arena, both from economic and environmental aspects.

Indicator-based assessment firstly initiated by the World Resources Initiatives (WRI) and has been used in Indonesia to assess governance in the environmental sector in 2001-2007 and energy or electricity governance in 2005, to date it is applied to forestry sector. The indicator is used as the tools and guidance in assessing the planning, organizing, implementation, and evaluation of forestry programs towards good forestry governance. The initiative tried to take the widely accepted governance principles to face the challenges of forest conservation in the developing countries.

Indicators-based forestry governance assessment in Indonesia need several adjustment caused by the forestry and political conditions in Indonesia with special specification. In order to contextualize several assessment indicators with Indonesia’s forests condition, the Governance of Forest Initiative Indonesia-consists of several Civil Society Organizations (CSOs) that work in the environmental and forestry sectors-founded. The CSOs are Indonesian Center for Environmental Law (ICEL), Forest Watch Indonesia (FWI), Telapak, JARI-Central Kalimantan, and West Nusa Tenggara Gema Alam. The members of this network are part of the international network as well. This network is open for any organizations that work in forestry and forestry governance sectors.

This document of criteria and indicators on forestry governance assessment is expected to help several stakeholders, especially the policymakers in order to look at the gaps between ideal condition with the reality in the field from the aspects of transparency, participation, accountability, and coordination.


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1.1.1.1. Transparency

In the assessment, transparency is an open process to communicate the conducted activities, so outside parties can pay attention and monitor the activities. The enactment of Transparency of Public Information Law (UU KIP) in 2008 was triggered by the information reforms and people’s needs on good governance. The people use it as a tool to optimize the public monitoring. Thus, the active roles of communities in the policymaking process can contribute towards more transparent, effective, efficient, and accountable governance.

1.1.1.2. Participation

In this assessment, participation is a part of power relations which as balance as possible to make fair decision that can accommodate every party’ interests. Without any proper bargaining power, the involvement can’t sufficiently guarantee the result on final decision. Gaventa (2006) highlighted the need to check spaces, places, and forms of power in participation. Space is an opportunity, the moment and channel where the citizen can potentially influence the policy, discourse, decision, and relations that affect their life and interests. But space is not existed by itself because it is a fight of many interests. Participation space not only related to the local context, but also to affect by and related to the national and global context. Therefore, participation only possibly measured if it’s based on the understanding of global, national, and local contexts.

CIFOR’s study (2006) on public participation in policy recommends for a new policy that strictly regulate how the public participation can be accommodated in every steps, from the planning process to the policy’s implementation as the legal guarantee from several parties to give inputs as much as possible on several issues, and also to give responsibility to the local government for the implementation.3

1.1.1.3. Accountability

Accountability, based on the United Nations Development Programe (UNDP), is a decision making in the services management organizations and civil society that responsible to the public as well as to their owner. The responsibility is different, depends on the level that has to understand that they must be accountable for public. In order to assess performance objectively, a clear indicator is needed, the 3 Sudirman, 2006,Legalizing the Communities’ Participation in Policies, Governance Brief, June 2006 no. 32. Bogor: CIFOR

Figure 2. GFI's Indicator Framework

Transparansi

Hukum

1 ) Tenure

2) Perencanaan hutan/lahan

3) Manajemen hutan

4) Pendapatan kehutanan

Aktor Praktek

Partisipasi/Inklusifitas

Akuntabilitas

Koordinasi


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surveillance system needed to be strengthen, the audit result have to be published, and the sanction must be given if there’s any mistake.

1.1.1.4. Coordination

Coordination is a crucial point that has to be fixed because the coordination problem in the Indonesia’s bureaucracy is very complex. There’s a main problem on relations between the national and local government which is the synchronization of authority for matters regulated in the local government regulations and in several sectoral law.

The agenda of bureaucracy reforms to accommodate good governance principles, started from the national to the local level reflected by the Law no. 39 Year 2008 on State Ministries. A bureaucracy reforms from the national to local level is expected to happen through implementing that Law no. 39 Year 2008, so the governance can be more efficient and effective.

1.1.2. The Location of Forestry Governance Assessment

The delegation of authority to the local government not always resulted to better-managed forests. Sometimes, the delegation of authority is misused such as issuance of uncontrollable land use permits, just like what happened in Indonesia nowadays. The rate of deforestation and forest degradation is increased when the authority for permits issuance was given to the local government. Even the permits issuance often neglects the principles of good and sustainable forest governance. (Hariadi, et.al., 2011)

a. West Nusa Tenggara

West Nusa Tenggara Province (NTB) was chosen because it represents the small islands ecosystem and also considered already has the communities’ participation instrument through the Forest Management Unit (FMU). FMU will be the source of Regional Income which comes from the benefit sharing of utilization of forest and non-forest products.4 Furthermore, the practice of good forest governance is still weak, such as lack of transparent forest management system and budget issues, making the province is one of the sites for forest governance assessment.

In 2012, GFI Indonesia conducted assessment based on four priority aspects to be analyzed: forest tenure, forest use planning, forest management, and forest revenue.

The assessment findings in West Nusa Tenggara gave interesting facts and information on the portrait of forest governance in the province. The results showed that the forest management in West Nusa Tenggara is still weak in promoting the implementation of good governance principles, especially in the forestry sector.

4 http://www.lombokita.com/kabar-lombok/pengelolaan-hutan-ntb-potensi-sumbang-pad-1-3-triliun#.UwSZzPmSw9R, accessed at 10 February 2013 6.50 PM: KPH di NTB memiliki potensi untuk menyumbangkan PAD sebesar Rp. 1,3 triliun

Figure 3. Portrait of Forest Governance in West Nusa Tenggara


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b. Central Kalimantan

Central Kalimantan is the third biggest province in Indonesia with the total area around 15,4 million hectares, the province consists of 14 regencies with total 1.356 villages. The population is around 2,25 million people with the local residents dominated by the Dayaknese (±50%) and the rests are Banjarnese, Javanese, and other ethnicities (BPS,2012).

Based on its geographic location, Central Kalimantan is perfect to represent the land in Indonesia. Based on the Ministry of Forestry Decree no. 529/Menhut-II/2012, this province has forests area 12.719.107 hectares in total5. During the period of 2000-2009 the deforestation rate in this

province is two million hectares per year (FWI, 2011). With this condition, as a part of governance improvement initiatives and also implementing the Letter of Intent (LoI) with the Norway to reduce the emission in Indonesia, the Government of Indonesia (GoI) decided to implement the REDD+ in the provincial level. After that, President Susilo Bambang Yudhoyono through the Cabinet Meeting on December 23, 2010 chose Central Kalimantan Province as the pilot province for REDD+ implementation in Indonesia.

Just like in the West Nusa Tenggara, the assessment was based on four priority aspects: forest tenure, forest use planning, forest management, and forest revenue.

The assessment findings showed interesting facts and information on the portrait of forest

governance in the area. It can be concluded that the forest governance in Central Kalimantan is still weak, it is proven by the unclear of the spatial planning. The conflict of interests between the local and national government related to the spatial planning and the difference use of law as reference are the main problems in forest status changes. Related to the spatial planning in Central Kalimantan, previously the Decree 529 Year 2012 was used for forest designation in Central Kalimantan. There was a difference on legal basis as reference for modification of spatial planning and forest status. The local government referred to the Local Regulation Central Kalimantan Spatial Planning no. 8 Year 2003, while the Ministry of Forestry referred to the Forest Land Use Consensus Plan (TGHK) year 1982 and Minister of Forestry Decree No 292 Year 2011.

Figure 4. Portrait of Forest Governance in Central Kalimantan


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1.1.3. South Barito Distric

South Barito District was founded on September 21, 1929 based on the Law no. 27 Year 1959 on Establishment of District in Kalimantan (State Gazette Year 1959 number 72, Additional Gazette number 1820). After 42 years, based on the Law no. 5 Year 2002, South Barito District divided into South Barito and East Barito District. Before the separation, South Barito District consisted of 12 sub-districts with total area 12.664 km2, and then reduced to only six sub-districts with total area 8.830 km2. Those six sub-districts are Jenamas, Dusun Hilir, Karau Kuala, South Dusun, North Dusun, and Bintang Awai Mountain District.5

After the establishment of Central Kalimantan Province as a pilot province for the Government of Indonesia and Norway’s Letter of Intent on REDD+, the Central Kalimantan Government have initiated several REDD+ activity, such as the signing of Memorandum of Understanding between the Head of REDD+ Task Force and Central Kalimantan Governor on September 16, 2011. It became the cornerstone for the joint REDD+ activities in the province. South Barito District is one of the pilot districts for

REDD+ project and has a strong commitment to improve the forest governance and accelerate the forest area establishment and permits management.

Several problems such as the data gaps, legal certainty of the forest area, overlapping permits and land conflicts, lack of coordination between the local and national government, and unfinished spatial planning are the consideration taken by the GFI to measure how successful the effort to improve forest governance in the area. The objective is to diagnose the effort for governance improvement that have been done and ongoing process, then the result is expected to give a portrait of recent condition and recommendation for the improvement of forest governance in South Barito in the future.

5 Portrait of forest governance: A case study in Central Kalimantan and West Nusa Tenggara

Picture 5. Administrative Map of South Barito District


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1.2. Methods

The assessment by GFI Indonesia were not meant to give an index comparison of “good” and “bad”, but rather to highlight the detailed analyses from the aspects of actors, policies/regulations and effectivity/ practices in the forest governance in Indonesia. All of those aspects are viewed in the perspective of good governance (transparency, participation, accountability, and coordination).6

The approach used in the assessment is a qualitative approach such as desk research, interview, and Focus Group Discussion (FGD). The source of data and information to assess the implementation and performance are came from the documents, results of interview and FGD, and with using data from documents as the main source and the result of interview as the comparison.

The assessment methods and data collecting are influenced by the type of indicator that GFI used. For South Barito District, the assessment approach on forest governance more into the main indicators of GFI. All of information source to assess law and policies component using the law and policies products issued by the government agencies in South Barito District. The data collecting for these analyses of law and policies indicators were using the methods of content analysis.

a. Data collecting and interview

Data collecting started with checking if the needed documents already available or not. All of the law and policies products in South Barito are complete enough and can be accessed and collected without any difficulties with submitting a letter for data request to the local government agencies. The data collecting method with semi-structured interview were used to get information, data, and opinions from several resource persons.

b. Focus Group Discussion (FGD)

The FGD method is one of the qualitative approaches to get more detailed data, and also as the data triangulation which sourced from the result of interview. This method also expected to be able to verify the data and information from one participant and other participants in order to strengthen the data quality.

6 Buku potret tata kelola hutan : studi kasus kalimatan tengah dan nusa tenggara barat


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2.1. Forest Management

The forest management in South Barito District is implemented through using the local regulation instruments and implementation guidelines from the Ministry of Forestry. However, in the practices of forest resources management, there are still several problems from the aspect of regulations, readiness of the actors, and the implementation in the field. This is shown in the lack of involvement and coordination of stakeholders in the forest management. On the other side, there is a pressure for involvement of stakeholders, especially those who have high interest for forest area. The enactment of Transparency on Public Information Law supposed to be the trigger for government to achieve better governance.

THE STUDY

Forest Management

Akuntabilitas

Akuntabilitas

Koordinasi

Koordinasi

Partisipasi

Partisipasi

Transparansi

Transparansi

0,00

1,85Series 1 2,06 1,00 1,67

0,50 1,00 1,50 2,00 2,50

Picture 6. Forest Management Aspects


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The results of this study give portrait on the practice of forest management in South Barito District through the implementation of several good governance principles, such as participation, transparency, accountability, and coordination. The summary of the study’s findings are such follow:

2.1.1. Participation

The regulation in South Barito District related to the communities’ participation in the process of developing and formulating the forestry policies, in general is guaranteed through the Local Regulation no. 4/2012 on Local Medium-Term Development Plan (RPJMD). Even it’s not specifically explains the type of communities’ participation, in the RPJMD it is stated that communities as stakeholders to be involved in the policymaking processes.7 The community involvement process in the policymaking can be found in the smaller level area which is a village, through the Local Regulation no.5/2007 on Guidelines on Village Regulation Establishment and Formulation Mechanisms. In this context, the communities can participate to give written or verbal inputs in the process of making Village Regulation.

The communities’ participation in the policymaking by the District government, in its implementation its only encourage the communities’ involvement through indigenous and community leaders. While the effort to involving communities in the wider context (until the village level) can be found in the process of forest area gazettement by the Presidential Working Unit of Development Oversight and Control (UKP4). It was happened because of the initiative from UKP4, National Commission on Human Rights (Komnas HAM), and Corruption Eradication Commission (KPK) who considered the importance of inputs from the communities around the forests area in the process of forest area gazettement. The same process and initiative for communities’ participation should be implemented not only by the institutions outside the South Barito District, but also by the government institutions. Therefore, there’s a need for special mechanism or Standard Operating Procedure (SOP) that regulate the communities participation.

The effort to improve communities’ participation also found in the legislatives roles to absorb community’s aspiration in the Recess and Meeting of Hearing. Other than that, there are several informal strategies done by the Members of Parliament, such as field visit, IT(information technology)-based communication, and informal discussion in certain moments (government agenda and the communities agenda). Generally, the Meeting of Hearing will be conducted with reasons: (i) the proposal of communities’ development program discussed in the Development Planning Consultation Forum (Musrenbang) is not accommodated in the plenary sessions on program establishment, (ii) principle problems that need more detailed information from related stakeholders, and (iii) there’s a need for next meeting to add missing information from the Meeting of Hearing and recess.8

Despite theinclarity of mechanism on communities’ participation, the civil society still eager to contribute in the policymaking processes. With support from the Civil Society Organizations (CSOs), even if it’s still limited to the advocacy effort in the village and District level, there is a massive advocacy works since we got support from UKP4 and Komnas HAM on October 2013,especially related to the acceleration of forests area gazettement and licensing management. The support for civil society on the advocacy effort also got financial and assistance support from the Non-Government Organizations (NGOs) network in the provincial and national level, while the District Government is supporting technical and financial assistance related to the inventory of indigenous forests, which directly managed by the indigenous institution formed by the government which is DayakneseCustomary Council (DAD), with Damangand its structure is included in it.

7 Local Regulation 4/2012 Chapter I. Preface8 Explanation from the Head of Comission I, South Barito Regional Representative Council


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Media, as a part of communities, has role in contributing the policies changes through opinion and facts disseminated to public. However, this effort is still not maximum, considering the lack of capacity to highlight the forestry issues, and the distance issues (remote areas, through land and river transportation) in order to get the facts from the field on forestry cases.

2.1.2. Transparency

The public information transparency in the forestry issues supposed to refer to the Law no. 14 year 2008 that guaranteed the rights of every citizen to access the information, including information in the forestry sector. However, in reality, the Law no.14/2008 hasn’t fully implemented in the South Barito District even the Documentation and Information Management Office (PPID) already established. It is proven by the absence of Standard Operating Procedure (SOP) and Public Information Lists as guidance to implement the public information transparency in the forestry sector. The same thing with the South Barito government efforts on forest area gazettement that supported by the National Government, in reality it’ not supported with the proper local regulation, except for the spatial planning coordination task by the Regional Spatial Planning Coordination Agency (BKPRD) based on the Regent Decree no.188 year 2013 on Establishment of Regional Spatial Planning Coordination Agency (BKPRD).

The ideal information system is when the most recent information is available and can be easily accessed by public, based on the classification and type of information. However in reality, this information system is still far from ideal, because the website of South Barito District as information channel doesn’t contained complete information and rarely updated (look http://www.baritoselatankab.go.id/perangkat-daerah/). In the forestry institutions, the information management is still conventional, no centralized system and database that can collect all information and enabling fast information exchange.

The civil society access to the forestry information is limited to the agenda of dissemination and utilization that will be conducted by the government. Therefore, another effort by the communities more likely triggered by the support from CSO, in this context, facilitated by the Alliance of Indigenous Peoples of the Archipelago (AMAN) and Dayaknese Customary Council (DAD) to bridging the information requests. This problem caused by the lack of information channel in the government institutions and also lack of government’s support in the effort to involving the communities to monitor the forests area. The monitoring activities are conducted independently with the assistance from the CSOs.

2.1.3. Accountability

The internal monitoring in the forestry institutions is important management aspect towards good governance. The internal audit institution as the implementer of monitoring roles, have to be able to respond several problems and changes that affecting the government performance in the forestry institutions. In the context of this assessment, the scope of study is on monitoring the government’s performance in forest resources management that including forest management, utilization, and rehabilitation; reclamation; and nature protection and conservation. In South Barito District, this internal monitoring mechanism is defined as performance audit in the Internal Monitoring System (SPI). That is stated in the Regent Regulation no. 24 year 2011 on Government’s Internal Monitoring System in South Barito District, which consists of two monitoring models:

1. Audit by the Financial and Development Supervisory Board (BPKP) who reports directly to the President; and

2. Audit by the Regency Inspectorate who reports directly to the Regent.

The regulation refers to the mechanisms and principles in Standard of Performance Audit stated in the Ministerial of Administrative and Bureaucracy Reforms Decree no. 5/2008 on Standard of Government’s


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Internal Monitoring Audit. The decree consists of criteria or minimum quality in audit activities which obligatory guided by the Internal Monitoring Government Officer (APIP).

From the study, several interesting facts related to the implementation of accountability aspects in the forestry sector were found, especially on the ability of law enforcement officers to identify issues. The ability is gained through capacity building effort by the law enforcement institutions both internally and/or externally. In the communities level, the same effort also initiated in the provincial level by the CSO together with the government, with conducting training on forest crimes identification.

However, from this study it is also found that the total of officers who have proper capability related to the forest crimes is still limited, the same thing also found in the national level. In general, the number of officers who have the capability to protect an area also limited. Those issues caused the weak surveillance system in the regional and national level. To date, South Barito District still doesn’t have systematic and effective mechanisms to guarantee the law enforcement process in the forestry sector.

2.1.4. Coordination(Legal Guarantee, Actors, and Practices)

The integration of development plan in the District, Provincial, and National level have been implemented referring to the Law no.25/2004 on National Development Planning System and Law no. 32/2004 on Local Government, which then implemented in Regional Medium Term Development Plan (RPJMD) through the Local Regulation no. 4/2012 on South Barito District’ RPJMD 2011-2016. The approach of development planning process in the District level have been synchronized with the top-down approach of development programs initiated by the Provincial and National Government, and also the bottom-up approach through Development Planning Consultation Forum (Musrenbang) from the village until District level. In the effort on acceleration of forests area gazettement and Licensing Management, the domination from the national government, especially the Ministry of Forestry is very strong in policymaking so the District Government only waited for the instruction for the acceleration process.

The coordination between the government in forestry sector and other sectors is running, but still not optimal. This is reflected through the effort of the District Government in facilitating multi-sectoral coordination, especially on promoting the designation of forests area with concerns in social and environmental aspects. The national government supports the effort of the District Government to promote Forest Gazettement and Licensing Management through the UKP4, KPK, and Komnas HAM, so the connection between the forest development process and the social, cultural, and economical aspects will be answered in the implementation process.


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2.2. Forest Tenure

In the practices of forest tenure, the South Barito Government has initiated several innovations through the recognition of indigenous peoples’ rights in forests management, including the rights and status. On the other side, the government also guaranteed the communities’ involvement in plan and policymaking through the Village Development Planning Consultation Forum (Musrenbangdes) scheme. However in its implementation, the practices not went well, just like in the gazettement of forests’ status and boundary that still faces several issues. Other findings in the tenure context are there are several problems found in different aspects: participation, transparency, coordination, and accountability. The detailed explanations on several findings are such follows:


The guarantee for public participation in South Barito District stated in the Local Regulation no.4/2012 on RPJMD and Local Regulation no. 5/2007 which guaranteed the communities’ participation in policymaking in the village level. While in the area where technically related to the communities’tenure rights, it is strongly found in the indigenous peoples’ rights on forests ownership, spatial planning, and ecosystem through the Local Regulation no.5/2012 on Dayaknese Institutions though there is a weakness because it is not clearly stated how the process of communities’ involvement in acquire their rights. In the mining investment, the communities’ participation in the decision making is defined by the compensation for individuals/institutions whose lands were included in the mining area, as stated in the Local Regulation no/15/2012 on General Mining Business.9

The communities’ participation in the tenure-related process by the government, especially on the gazettement of forests area and boundary, defined as the participation of the indigenous and communities’ leaders through the Dayaknese Customary Council. It is based on the Local Regulation no.5/2012 on

9 Article 19 clause (1) Local Regulation no. 15/2002

Tenurial

Akuntabilitas

Akuntabilitas

Koordinasi

Koordinasi

Partisipasi

Partisipasi

Transparansi

Transparansi

0,00

1,97Series 1 2,25 1,78 2,25

0,50 1,00 1,50 2,00 2,50

Picture 7. Tenure Governance Aspects


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Dayaknese Institutions in Central Kalimantan. The roles of these indigenous elites also found in the investment in forests area, where the Damang or the indigenous leaders were encouraged to actively communicate with the permits holder who would enter the indigenous land. In general, the involvement of Damang and Dayaknese Customary Council is when it’s related to the compensation of communities’ land that included in the concession.

In conclusion, in the participation context, the communities in South Barito Districtonly involve the representatives of communities (the elites, and Dayaknese Customary Council), not involving the communities in general and the affected communities.

2.2.2. Transparency

The government’s responsibility in the South Barito to promote the transparency of public information is regulated on the Regent Decree no. 103 year 2013 on Establishment of Documentation and Information Management Officers. In that decree, the roles and authorities of the Information Management Officers are glued in each public institution. The technical things on the forests utilization, management, ownership, and control can be found in the Local Regulation no.11 year 2002 on Rights on Utilization of Communities Forests (HPHKM), Local Regulation no. 15 year 2002 on General Mining Business and Local Regulation no. 5 year 2012 on Dayaknese Customary Institutions in South Barito District.

The regulation on forests management by the communities on Local Regulation no. 11/2012 and Local Regulation no.15/2002 have clearly regulated the rights, responsibilities, and prohibition for the communities to manage the state forests, for HPHKM and Mining. The commitment of District Government to manage natural resources for the communities showed in the article 1 of Local Regulation no.11/2002 that stated:

- Community Forest is a state forest with the forest management system that aims to empower the local communities without interrupt its main function. The forests utilization is the activities to get optimal benefit from the forests for the welfare of the communities in utilizing the area, the environment services, timber forest products, non-timber forest products, harvesting of timber forest products and non-timber forest products.10

- The natural resources management that democratic, social just, publicly accountable, and has legal basis.11

Still in the clauses of Local Regulation no.11/2002 and Local Regulation no.15/2002, the commitment of the District Government is not emphasized through a regulation on how the involvement of stakeholders in the planning process and its implementation. Besides that, there is no regulation on dissemination of information related to the forests conversion and utilization, allocation for resources management, and rights of forest management. All regulations only stated the communities’ rights to give information and encorage the government to provide information, but no clear regulation on who, when, duration, and intensity of this public access to information.

In the mining business, the company is responsible to pay compensation to the individuals/institutions who owned land where the location of mining activities are operating and obviously affected by the activities12. It can be defined that the communities’ access to the mining is only limited to the compensation as the responsibility of the permits holder. We can conclude that the government’s commitment to involve the communities in the planning process and its implementation is bias, considering there is no clear Standard Operating Procedure (SOP) on the communities’ roles. The communities only involved in the final step or after the permits issued by the government.10 Article 1, Local Regulation no. 11/2002e11 Article 2, Local Regulation no. 11/200212 Pasal 19 Ayat (1), Perda 12/2002


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In reality, the government’s effort to provide information is still passive or only based on the communities requests. The information provided are only for the local government, and based on requests from provincial and national government. Information was disseminated through socialization forums by the government in the District’s capital. We can say that the series of information dissemination by the government to the communities were not suited with the communities’understanding who expects the information to be simpler and can be wider until to the village level. For the information access by the local government in the national level, for example on Spatial Planning information, the documentation of information only in the planning process with the initiative from Geospatial Information Agency (BIG) and on its implementation are conducted in the local level.

Land tenure administration in the South Barito District, especially related to the indigenous land (including forest) is designated based on the Central Kalimantan Governor Decree no. 13/2009 on Indigenous Land and Customary Rights of Land, Local Regulation no.5/2012 on Dayaknese Customary Institution in South Barito District, and SOP that agreed by indigenous leaders or Damang across the Central Kalimantan. The process of administration services for land ownership by the Letter of Indigenous Land (SKTA) from Damang in the sub-district level and by Custom Keepers or Mantir Adat in the village level as the determinant for the legality of land ownership. This service is only for the indigenous peoples, not for public in general, also not for migrant communities. The administration services for public in general available and established by the Head of the Village/Sub-district in the form of Land Certificate.

Administrasi tenurial di Kabupaten Barito Selatan khususnya terkait tanah adat (termasuk hutan dalam perspektifnya) diselenggarakan berdasarkan PERGUB KALTENG No 13/2009 tentang Tanah Adat dan Hak-hak Adat Diatas Tanah dan PERDA No 5/2012 tentang Kelembagaan Adat Dayak di Kabupaten Barito Selatan, beserta SOP yang disepakati oleh Damang se-kalimantan tengah. Proses layanan administrasi pemilikan atas tanah adat melalui Surat Keterangan Tanah Adat (SKTA) dilaksanakan oleh Damang Kepala Adat ditingkat kecamatan dan Mantir Adat ditingkat Desa. sebagai ujung tombak bagi pengesahan kepemilikan Tanah Adat. Layanan ini hanya dikhususkan bagi masyarakat hukum adat.Lain halnya dengan masyarakat umum, baik pendatang dan selain masyarakat dayak layanan ini tidak tersedia.Layanan bersifat umum administratif dasar pertanahan yang ditetapkan Kepala Desa/Lurah/Camat melalui SKT (Surat Keterangan Tanah), yang tersedia bagi semua orang.


In order to realize the accountable forest management, it needs legal guarantee as the reference for the communities in fighting for their rights. The main thing shown in South Barito District is that the context for dispute resolution and financial/budget support to resolve that dispute.

The dispute resolution as understood in the customary law perspective, regulated in the Local Regulation no.15/ 2012, which stated the role of Damang or indigenous leader as the main driver actor to enforce the customary law, as the mediator and peacemaker, with resolving cases and disputes based on the customary laws.13 The Local Regulation no.15/2012 properly answered the challenges of conflict resolution, because it also promotes the indigenous ruling to be considered as references by the law enforcement officers (Article 28). However, there is a weakness (no regulation) on how the procedures of conflict resolution in the context of customary law that implemented by the customary institution.

Based the Local Regulation no. 15/2012, the financial support for the dispute resolution is charged to the District Government, managed directly by the Customary Institutions, with initially planning a program to be implemented. 14

13 Article 7, letter a and letter b, Local Regulation no. 5/201214 Article 39, Local Regulation no. 5/2012


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The roles of actors in the conflict resolution have been regulated in several local regulations, such as the Damang Indigenous Leaders and Dayaknese Customary Council (DAD) who have the authorities in the effort of cases and dispute resolution based on the customary law, as the mediator and peacemaker. Besides that, there is a Regent Decree on Handling Disturbance on Plantation Business that stated the DAD as one of the members. Unfortunately, this arbitration effort from this regulation hasn’t implemented, considering the capacity of Damang and DAD. If the mediation is successful, it really depends on the bargaining power and the capacity of the Damang or DAD to mediating the conflict resolution.

Related to the gazettement of forest areas and boundaries, there are efforts by the forestry institutions to provide mediator, such as UKP4 and KPK, facilitated directly by the Regent or Secretary of Local Government. Mediator and arbitrator can get balanced information for the conflict resolution and also find information collected by the District Government and communities directly, and followed by the field visit.

The accessibility and effectiveness of conflict resolution in the outside the court mechanism are regulated in the state instruments, in its practices the Damang and DAD have the bigger roles and work more. This is based on the DAD and Damang decision that is considered satisfying by the disputed parties, so the conflict is not entering the court. The conflict resolution mechanism through customary court can be accepted as the alternative solution for conflict resolution in the communities who still recognize the customary laws. While for other communities, this scheme is still a controversy with pros and cons. The indigenous peoples hope that the conflict resolution mechanism outside the court can be well-accepted as a solution for the court that not in favor of the indigenous peoples.

The legal support for the indigenous people who are facing forestry conflicts are more likely provided by the CSOs, NGOs, and DAD. The local government is expected to actively contribute in the process, not only as a passive actor who waited for the communities’ request for assistance. On the other side, the inexistence of standard mechanism as reference for conflict resolution still remains a “homework” for the customary institution and local government. To date, the conflict resolution process is not well-structured, and depends on the capacity of mediators in understanding the dispute.

Picture 8. Interview Process


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2.2.4. Coordination

The legal basis for coordination in the tenure context is not separated from the distribution of authorities and responsibilities between the administrative authorities. The local government manages the authorities of institutions, started from the distribution of local government affairs, by Local Regulation no. 6/2008 on Local Government Affairs which became the District authority. The distribution of those affairs then divided into two: Obligatory Affairs and Optional Affairs (Article 4). The tenure aspects then also became part of the Obligatory Affairs and Optional Affairs. One thing became obligatory when it’s related to the basic service (Article 5 clause 1); such as affairs related to the Spatial Planning, Land, Environment and Health (Article 2 clause 2). While the optional affairs are potentially increase the community’s welfare based on conditions, uniqueness and the potential of each area (Article 6 clause 1), which stating forestry, agriculture, mining and energy (Article 6 clause 2).

In its practice, there is bureaucracy system that responsive to the communities’ need in the tenure management. The government’s effort still limited to the identifying spots tenure area through inventory customary forest based on the Governor Regulation no. 13/2009. However, it’s still defeated by the investment policy that contrary to the effort by the indigenous people to protect the forests.

The Ministry of Forestry, through the Village Forest, Community Forest and Community Plantation Forest schemes, also still haven’t successfully encourage and promote the implementation of those schemes in South Barito District. While the local regulation that encourages the customary law management is only on paper, poor in implementation and causing the communities still have to fight to get the rights to manage the customary forest.

On the other side, the effort of District government to accelerate the forest area gazettement and licensing management hopefully can be realized with the support from the UKP4, KPK, and Komnas HAM. The synergy between the local and national government is expected to be more systematic in managing the forests toward one vision of forest management based on the national policies, local regulations and the indigenous wisdom

2.3 . Land Use and Planing

In the spatial planning context, to date, the South Barito government still on the process of formulating the District’s spatial planning. The slow process is not separated from the complexity of the issues in each process of formulating the Provincial Spatial Planning. To monitoring each process of formulating spatial plan, the South Barito government established Regional Spatial Planning Coordination Agency (BKPRD). However the implementation is still not optimal, one of the barriers is the local regulation on provincial spatial planning that hasn’t passed. That local regulation is needed as reference for formulating the South Barito District’s spatial planning. On the other side, several limitation and problems in formulating the spatial plan also found in several aspects, such as transparency, participation, coordination, and accountability. The analyses of those aspects in detailed are as follow:


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The clarity on communities’ participation in formulating the spatial planning has been regulated in the Law no. 26/2007 on Spatial Planning.15 In the South Barito, the Regent Decree no. 18/2013 on Establishment of Regional Spatial Planning Coordination Agency have been issued as a guarantee for communities’ participation in the formulation of land and spatial planning in South Barito District.16 In the process to formulate the South Barito Spatial Planning, the stakeholders involvement in planning still using the old paradigm, when the government hire consultant while the other related institutions/agency only involved in providing data and recommendation as the technical team.

The communities’ participation in formulating the spatial plan is still lacking, limited only to the socialization process and public consultation. The socialization and public consultation is the coordination process to optimize the communities’ role in using and monitoring the spatial use, but the fact, the process only involving the representative and not the grassroots level communities. This is happened because in the process of formulating the land and spatial planning there is no communities’ representative in the Planner Team. This condition is worsened by the absence of system and mechanism (procedure) on communities’ involvement in land and spatial planning.

Interesting things found in the South Barito District is that the ability of several communities to conduct participative mapping in their village with assistance from several NGOs, such as ERDAS Foundation, Yakomsu (under Kehati Foundation), and Borneo Orangutan Survival (BOS). The aim of that participative mapping is to clarify the village boundaries. The initiative was done because to date, the boundaries in South Barito District still in improvement and finishing process, which means it still haven’t meet the

15 Law no 26/2007 on Spatial Planning (Article 65 clause 2 point 2) The communities’ roles in spatial planning through partici-pation in formulating the spatial plan16 Regent Decree no 188/2013 on Establishment of South Barito Regional Spatial Planning Coordination Agency (letter (a) no (8): Optimizing the communities’ roles in land/spatial planning, and letter (c) no. 6: Optimizing communities’ role in monitoring the spatial use.

Land Use Planning

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Picture 9. Land-use Planning Governance Aspects


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series of gazettement process.

The absence of guarantee that regulate the mechanism for complain submission to the spatial planning formulation team would be issues when the communities would like to submit their objections on the land and spatial planning in South Barito District. This is also recognized by the communities and BKPRD staff of South Barito District. When the communities want to give inputs or submit objections on the process of land and spatial planning, the communities can only submit it to the Regional Development Planning Agency (Bappeda) and the result or follow-up of the complaint submissions is not guaranteed. Therefore, the context of communities’ involvement in the spatial planning formulation process is only “pseudo-involvement”, and not optimizing the communities’ role.

2.3.2. Transparency

Transparency is defined as opening oneself to the communities’ rights on access honest, true, and non-discriminative information on the state governance with noticing the protection of personal’ and groups’ rights, and the state secrets. In the context of transparent land and spatial planning, legally it’s guaranteed by the issuance of Law no. 14/2008 on Transparency of Public Information. To implement the mandate of that law, Central Kalimantan Provincial Government issued a Local Regulation no. 5/2013 on Public Information Services in Central Kalimantan. In line with the regulation, to promote transparency in South Barito District, the District Government issued a Regent Decree no. 103/ 2013 on Establishment of Documentation and Information Management Officers in the South Barito District Government.

In the land and spatial planning processes, there is no regulation that clearly stated the mechanism to access public information on spatial planning to the institution. The Regent Decree no. 103/ 2013 only regulate the establishment of Main Documentation and Information Management Officers who held by the Head of Information and Communication Office and the Head of Public Relation; establishment of supporting officers who held by each secretary of Local Government Work Units; and the tasks and authorities of the officers.

In this study, we also haven’t found the regulation on the government’s responsibility to provide information (in active manners without requests) in certain period of time to public. It is caused by the roles of Documentation and Information Management Officers (PPID) as stated in the Regent Decree no. 103/2013 is to save, document, provide, and give information services, and to provide information and documentation to be accessed by the information requestor.17

Dengan demikian, sangat jelas bahwa pendekatan yang dilakukan oleh pemerintah kabupaten dalam Therefore, it is very clear that the approach used by the District government to give information access to the public is only passive activities, only waiting for the communities to request information to the related institution, not using the proactive approach of information service based on public information classification in some period of time, necessarily, and available all the time.

And in the Regent Decree no. 188/ 2013 on Establishment of Regional Spatial Planning Coordination Agency (BKPRD), there is no regulation related to the access of information on the land and spatial planning. The things that regulated are only about the giving information and access to the user related to the spatial planning as stated in the description of tasks space utilization.

So far, there is no effort to disseminate the process of formulating the land and spatial planning. If someone would like to know about that, then they have to visit the office BAPPEDA office. Besides that, the socialization pattern only limited to the communities meeting when the Integrated Team conducted

17 Regent Decree No 103/2013, rulingnumber (2) stated that: Documentation and Information Management Officers as stated in the ruling number (1) have tasks as follow in the letter (a),(b),(c),(d),(e),(f). Letter (b) and (f) stated that: 1) saving, docu-menting, providing, and giving information services; b) giving information and documentation to be accessed by the informa-tion requestor.


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field visit for ground checking. This is happened because the tools and infrastructure for information system is still in developing process, with the support from Geospatial Information Agency (BIG). That’s the reason that causing the limited information disseminated to the communities, the weak system of information on land and spatial planning in South Barito District.


The land and spatial planning activity in one area by the government have potential to causing social and environmental impact for the communities. The activities already established in the policies, ideally there is a mechanism for complaint submission and legal efforts on spatial planning activities. The complaint mechanism through administrative process, dispute resolution institutions, or legal institution will guarantee the rights of communities who are affected by the projects or development as implementation of land/spatial planning.

Legally, the complaint mechanism related to the land/spatial planning is stated in the Decree no. 18/ 2013. The tasks of spatial planning utilization and monitoring working group are: inventory and reviewing the problems in utilization and monitoring of spatial use and giving alternative solution to be discussed in the plenary meeting of BKPRD (point III, letter g). The procedures and mechanisms of BKPRD plenary meeting is not clearly regulated in detail. The Local Regulation no. 5/ 2012 on South Barito Customary Institution related to the conflict resolution and promoting indigenous ruling as reference for consideration by the law enforcement officers (Article 28), there is no regulation on the conflict resolution procedures in the context of customary law by the customary institution.

Regent Decree no. 188/ 2013 on Establishment of Regional Spatial Planning Coordination Agency (BKPRD) stated that the dispute on spatial planning can be resolved through coordination process of problems handling and options of conflict solution spatial utilization, coordination of the communities’ roles in spatial utilization and in the step of coordination of optimizing the communities’ roles in monitoring spatial utilization and BKPRD plenary meeting. While the conflict resolution in the customary law perspective, in the Local Regulation no. 5/ 2012, Damang or indigenous leaders are the main driver actor for customary law enforcement with conducting conflict and dispute resolution based on the customary law, as the mediator and the peacemaker (Article 7, letter a and b). Local Regulation no. 5/ 2012 actually answered the challenges for conflict resolution, also promoting the indigenous ruling as references for the law enforcement officers (Article 28), though it’s still weak with the absence of conflict resolution procedures in the context of customary law by the customary institution. On the other side, if referring to the law that regulated the arbitration, it is only refers to the national law, Law no. 30/ 2009 on Arbitration and Dispute Resolutions Alternatives, and the Supreme Court Ruling no. 1/ 2008 on Mediation Procedures in Court. Unfortunately, there is no clause related to the customary law-based alternative dispute resolution.

To make sure the effectiveness of formulating spatial planning that covered planning, implementation, and evaluation, the evaluation results used as consideration for the planning process in the next period. The legal guarantee related to the periodic evaluation by the end of land/spatial planning process is in the Decree no. 188/ 2013 letter (c) number (4): conducting monitoring facilitation, evaluation, and reporting the spatial planning implementation. The time for periodic evaluation in the end of land/spatial planning implementation is not stated in the regulation but the communities’ involvement in the evaluation is guaranteed. However, the mechanism is not stated clearly and in detailed. The communities’ involvement is understood only in the context of optimizing the communities’ role in spatial planning, space utilization, and monitoring the space utilization.


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For the complaint submission by the communities on the impact or process of formulating land/spatial planning, the available mechanism provided by the planner institution is an access to complain to the BKPRD directly (face-to-face). For all of this time, the dispute resolution mechanism on land/spatial planning only conducted through mediation to build common understanding on the land/spatial planning. The conflict on the impact of land/spatial planning between the communities with the company, resolved through mediation that facilitated by the local government or customary institution, and possibility to resolved through formal legal mechanism.

Interesting finding in the dispute resolution that prioritize the effective, efficient, fast, and cheap factors found in the dispute resolution through discussion/deliberation mechanism and mediation by the local government and customary institutions (Damang in each areas). However, one thing to be noted that the quality and capacity of the Damang who are involved as mediator or expert witness in the mediation for dispute resolution. Therefore, there is a need to build the capacity of the government and the DAD as the main customary institution. This condition is contrary to the government officials who have proper human resources capability in resolving dispute through mediation.

2.3.4. Coordination

The coordination effort in South Barito District in land/spatial planning conducted through consolidation involving other sectoral agencies in the scheduled meetings in BKPRD. This consolidation is conducted to formulate the things related to the interests of each sectors in the land/spatial planning, then to be formulated as recommendationsfor the Regent as the reference to give instructions in the process of land/spatial planning, before making decision in the BKPRD plenary meeting. The important thing to be considered is the result of Strategic Environmental Assessment as the main precondition in the land/spatial planning process.

In the deliberation agenda of the land/spatial planning in the Regional Representative Council, the attendance rate of the members is still not optimum. This is another challenge in the coordination process between the executive and the legislative. A lot of legislative members would attend the plenary meeting. Besides that, the quality of discussion and argumentation, and the understanding on the problem’s substance between the commissionsare still lacking. This is because not all of the Regional House of Representative (DPRD) members have understanding on the land/spatial planning context. Moreover, there is lack of effort to invite experts as resources person. This condition is a basic problem in the deliberation of land/spatial planning. The effort to absorb aspiration or inputs from the communities in land/spatial planning only conducted by the DPRD members through Meeting of Hearing, public hearing, Musrenbang, and recess visit to their electoral districts.

2.4. Forest Revenues And Economic Incentive

The income from the forestry sector in South Barito is one of the factors that have important roles to promote the achievement of government’s performance on forestry sector. The provision of forest resources and reforestation fund are the pillar of operationalization of Regional Budget. The budgeting system of regional government following the standard of accountancy that regulated in the Local Regulation.The budgeting system supposed to make the government’s budgeting system well-implemented. Based on the findings on budgeting system in the forestry sector, there are several problems related to stakeholder’s participation in the budgeting process, and also the same thing with other aspects, such as transparency, coordination, and accountability. Several interesting findings on that principle’s implementation are as follows:


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Essentially, the Regional Budget can be regarded as the budget for public sector that its budgeting system is expected as the tool to achieve objectives in giving services to the public or communities. The orientation is towards the increased welfare of communities. In the context of regional governance, the budget management for public sector is mandated by the public to the regional government. Automatically, the public actually have rights and responsibility to monitor the Regional Budget. Not only monitoring, but the public also have to be involved in the process of developing the Regional Budget (public responsible to be actively participating in the process).18

The problem is, often the mechanism provided by the government is not effective. The real problem that public are facing is the existing mechanism is not giving enough space for the public. The participation is only artificial participation, even manipulative because the regulations can’t guarantee the budgeting process that based on the people-needs assessment. On the contrary, the dominant part is the government-need assessment. The community is not fully involved, so the decision making in the development program is not more than a negotiation between the executive and legislative. This is resulted on the less beneficial of the development programs.19

Legally, the importance of communities’ participation in the budget formulation in the forestry sector (developing the Local Department Agency Budget and Work Plans or RKA-SKPD) in South Barito District is not clearly recognized in the Local Regulation no. 18 year 2003 on Principles of Financial Management. The development of RKA-SKPD in the forestry sector as regulated in the Local Regulation no. 18/2003 article 17 clause (1) and (2) is the authorities of the Local Government Working Units(SKPD) through the Head of SKPD as the Budget Users. RPJMD, the document of policies projection through

18 Rivan Prahasya “Why Public Must Monitor the Regional Budget” 2010, http://rivan-prahasya.blogspot.com/accessed at 19 February 2014, 10.13 AM19 Sopanah “Phenomenology Study: Revealing The Communities’ Participation in the Regional Budge Planning Process” 2014,

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Picture 10. Revenue Management


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Local Regulation no.4/2012 is not clearly stating specifically the communities involvement related to the policies on development. Though in this regulation, the communities are defined as the stakeholder to be involved in the policymaking processes (Chapter I, Preface). This condition worsens by the absence of specific regulation on forestry that regulates the communities’ involvement (SOP and clear sanctions) in the budgeting plan process. The opportunities for public to be involved in formulation of budget plan only through the development forum in the village level. Besides that, there is no regulation that guarantees that the communities can submit complaints on the forestry budget that are not suitable with the people’s needs. No clear SOP on public participation, legal action or complaint mechanism if the public participation is not implemented.

On the other side, the knowledge and capacity of communities related to the budgeting in the forestry sector (budgeting, economic planning, and financial management) is inadequate yet, and alsonot many Civil Society Organization (CSO) focus on the budgeting issues in the local level in forestry sector.

The absence of the complaint mechanism on budget planning process to be used as consideration by the planner institutions makes the budget planning process in the forestry sector is not effective. Moreover, the capacity of the DPRD Members in the forestry issues also becomes another problem for the budget approval in the forestry sector.

Nevertheless, the South Barito Government gives financial support to the Civil Society Organization, in this context is South Barito DAD, total of IDR 125,000,000 per year. This support is a mandate from Local Regulation no.5/2012 on Dayaknese Customary Council in South Barito District, even the amount is not clearly stated in the regulation.

To date, there is no network of civil society in the District level, so no one can represent the interests of vulnerable groups, local communities, and including the indigenous people, except the existence of DAD and AMAN South Barito.

In the forestry institutions, there is access to the staff with special skill in the forestry sector, both internal (expert staff) and external (academics, independent experts, or technical staff from related ministries). However, it’s still limited to the planner institutions or South Barito DPRD. There is also an effort by the authority institution that authorize the budget to consult with the forestry institutions, when deciding the amount of budget allocation for the forestry and other related sectors, through Meeting of Hearing in deliberation process in DPRD. So there is engagement with the forestry institutions when the review for the submitted budget is conducted, and in practices the legislative doesn’t limit the inputs from the executive as long as the budget quota still sufficient.

2.4.2. Transparency

Pengaturan dana bagi hasil (DBH) sektor kehutanan diatur dengan jelas dalam UU no.33 tahun 2004 The benefit-sharing management in the forestry sector is clearly regulated in Law no. 33 year 2004 on Financial Balance between National and Local Government, article 14 point a and b, article 15 clause 1 and 2, and clause 16 point a and b. However, the dynamics of decentralization which marked with the conflict of interests between the national and local government resulted on overlapping regulation and weak monitoring. Its causing a lot of companies owes the payments of Non-Tax State Revenue (PNBP) such as Reforestation Fund and Forest Resources Provision. Several Ministry of Forestry Decrees and Regulation (no.16 year 2006 on Procedures to Write Reference 15 Digits on Payment of Forest Resources Provision, Reforestation Fund, and Forest Utilization Business Permit Fee) issued to manage the mechanism of PNBP payment from the payer to the government, and the mechanism of reporting and transferring PNBP from the Regent/Governor to the Ministry of Forestry as part of the efforts to detect the producing areas with fast, transparent, accurate, and accountable process. It will accelerate the l benefit-sharing


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payment for the regions/regencies. 20

Legally, there is no regulation on transparency in the benefit-sharing system and information on benefit-sharing of natural resources from forestry sector. While the information on amount of money from the benefit-sharing only found in the South Barito Regional Budget. Generally, transparency of information in the South Barito Government regulated in the Regent Decree no. 103 year 2013. However, the decree only regulate the appointment and establishment of Main PPID (Head of Department of Transportation, Communication and Information, Head of Public Relations Department) and the PPID of Local Government Working Units (SKPD) in the South Barito Government (PPID Assistant) that held by the Secretary of SKPD/Department/Units; and regulate the tasks and authorities of PPID.21 Another interesting thing found in the benefit-sharing of regional tax to the villages that are specifically regulated on the Regent Regulation no.43/2013 which cover:

a. Objective and Target, article 3, 4 point (a,b,c and c);

b. Utilization plan, article 5;

c. Mechanism of distribution and disbursement of funds, article 6 clause (1) and (2), article 7 clause (1) and (2) point (a,b,c, and d), article 8; and

d. Allocation, article 10, 11.

No regulation that clearly regulate the responsibility of the forestry institution to disseminate the information on the benefit-sharing funds to the public (community), causing the transparency of information is not implemented as it supposed to be. However, this is can be fixed with using the Decree no. 188/2013 as reference for dissemination on benefit-sharing system to the communities in order to support transparency of public information in the forestry institutions.This is also suitable with the context of information dissemination based on the Law no. 14/2008. However, in practice, this is also not implemented by the forestry institution. It positively correlated with the level of public awareness in the South Barito District that still haven’t using the transparency of public information to fulfill the transparency of information in the forestry sector. 2.4.3. Accountability

In the budget realization, the South Barito Government refers to the Local Regulation no. 18/2008 on Principles on Regional Finance Management and Government Accounting System issued by the Ministry of Finance. Thus, all of the budget allocation cannot be separated from the monitoring system, in terms of the reporting and accountability of the budget use. However, this study showed the mechanism that hasn’t been implemented optimally. This is shown with the assessment report of Finance Auditor Body (BPK) that stated the financial accountability in South Barito still in disclaimer status in 2012, and hasn’t got the Unqualified Opinion.22

Special in the forestry sector, the budgeting system that have been implemented has following the instrument established by the Ministry of Finance and the South Barito Government that have integrated the budgeting system in the Regional Budget Accounting System (SAPD). This finding indicated the accounting system has run well, but still have limitation in several things such as the communities’ access to budgeting information. Even the South Barito District already has the system to access information on budgeting manually through the website, but its accessibility only for limited groups. 20 Indicator of Forestry Governance and User Guidance Version 2.021 Dictum number (2) stated that; Documentation and Information Management Officer as stated in the first dictum has tasks as follows as in letter (a),(b),(c),(d),(e),(f). Letter (b) and (f) stated that: (b) saving, documenting, providing, and giving infor-mation services, (f) provide information and documentation to be accessed by the requestor, in all sectors where the forestry sector is a part of it. 22 www.antarakalteng.com “Barito Selatan didesak benahi administrasi keuangan” accessed at 21 February 2014


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However this assessment showed that the mechanism still haven’t optimal. This is shown by not all of SKPD implement the budgeting system that based on the SAPD. As a result, the BPK assessment report stated that the financial accountability in South Barito still on disclaimer status, not the Unqualified Opinion.23

2.4.4. Coordination

In the budgeting coordination in South Barito, there is a regulation that presupposes the cross-sectoral coordination in the budgeting before the enactment of the regulation. This is stated in the Local Regulation no.18/2003 article 48 clause (1) and (2), but it’s not clearly regulated the coordination mechanism. While the regulation on the cross-sectoral coordination in the forestry budgeting that may have big impact and important to the social and environment is not found. The context of budgeting in the forestry institutions is defined as the budgeting SKPD (RKA-SKPD) that developed by the Head of SKPD to be transferred to the Regional Financial Management Officer (PPKD) and then discussed further by the Regional Government Budget Team (TAPD). The cross-sectoral coordination is to study the suitability between the RKA-SKPD with the State Budget General Policies (KUA), Budget Priorities and Ceilings (PPA). This process technically implemented every month with expectation that the implementation in the field can be implemented based on the specified target.

23 www.antarakalteng.com “Barito Selatan didesak benahi administrasi keuangan” accessed at 21 February 2014


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3.1. General Conclusion

The result of assessment on forest governance condition in South Barito showed the complexity of the problems. Several problems identified in the governance context from accountability, transparency, and coordination, indicated that the existing management system have to be improved and strengthened.

The consistency of good governance is a goal of every stakeholder, including public. Through this study, it is also identified several challenges on implementing the forestry governance principles. Several opportunities to intervention are believed can improve the forest governance and can inspire the development in the regional level, such as:

- The need for information transparency in the forestry sector have been responded by the Ministry of Forestry with the issuance of Regulation of the Minister of Forestry no. 2/2010 on Forestry Information System and Regulation of the Minister of Forestry no. 7/2011 on Public Information Services in the Ministry of Forestry. We can see the progressive process on preparation of the

conclution and recomendation

Potret Tata Kelola Kehutanan di Kabupaten

Barito Selatan Dalam Penerapan Prinsip

Tata Kelola Yang Baik

Transparansi Partisipasi Koordinasi Akuntabilitas Ideal

1,91

1,751,74

0,00

1,00

2,00

3,00

1,86

3

Picture 11. South Barito Forests Governance


26


facilities and infrastructure in the national level related to the information transparency. However, that progressive process supposed to be happened in the regional level as well.

- The public involvement in the decision making related to the forestry management have become a part of the Forestry Law (Chapter X). Even in principles, the Forestry Law is based on the participative and justice basis (article 3 letter d). This legal basis, even it still categorized as very general and not clearly detailed stated how the communities’ participation can be implemented in the forests management, but that general and basic guarantee have embedding the communities’ rights to participate in the forests management, including in the policymaking. The communities who live in and around the forests have basic rights to be involved in every process of forestry policymaking.

The final result of good governance that prioritizes the information transparency, participation, and coordination is an accountable decision by the government. It means that the public can ask each decision made if it feels not suitable with their aspiration. This condition basically is a logic consequence from a law state. It’s the same thing that with the Indonesian law that clearly stated that everyone has the same position in law (article 27 clause 1). This constitution guarantee is a foundation for the public in order to be in the same position and claimed their rights in front of the law.

3.2. Recommendation

Findings and facts from this assessment indicating there’s a need for comprehensive system and management in South Barito to promote the good governance. Several alternative solutions to achieve that are in several strategic points such as:

1. Capacity building for the indigenous leader(Damang) as the mediator for forest tenure conflict resolution.

2. Comprehensive efforts to increase the quantity and building the capacity of the law enforcement officer through various methods.

3. Governance of institutional system through proper regulations and capacity building of public institutions, including developing the Standard Operating Procedure (SOP) and Public Information Lists (DIP), in order to guarantee the transparency on information related to the forestry sector.

4. Clear mechanism related to the communities’ participation in the spatial planning.

5. Clear and systematic mechanism related to the complaint submission on spatial planning.

6. Capacity building for the communities in the budgeting and transparency of public information.

7. Improvement of coordination between the multi parties to optimize the natural resources management including the forests area status and licensing.

Roles, synergy, and consistency of their government and the communities in implementing strategic points above are expected to be the catalyst to improve the implementation of good governance, based on the development goals to put the forest conservation and communities’ welfare to become one unseparated part.


27


Bibliography

GFI Indonesia, 2013. Portrait of Forest Governance: An in-depth study in Central Kalimantan and West Nusa Tenggara Province. Bogor: Forest Watch Indonesia

GFI Indonesia, 2011. Indicators of Forest Governance and Implementation Guidelines version 2.0. Bogor: Forest Watch Indonesia

Forest Watch Indonesia. 2011. Portrait of Indonesian Forests Period 2000 – 2009. Bogor: Forest Watch Indonesia

Republic of Indonesia. 1999. Law no. 41 year 1999 on Forestry. State Gazette Year 1999 no. 167. Jakarta: Cabinet Secretariat

Republic of Indonesia. 2008. Law no. 14 year 2008 on Transparency of Public Information. Jakarta: Cabinet Secretariat.

South Barito District Local Regulation no. 3 year 2011 on Local TaxSouth Barito District Local Regulation no. 18 year 2003 on Principles of Regional Financial ManagementSouth Barito District Local Regulation no. 6 year 2008 on Regional Government Affairs under the

Authorities of South Barito District. South Barito Regent Regulation no. 40 year 2013 on Donation from the Third PartySouth Barito Regent Regulation no. 38 year 2013 on the Revision of South Barito Regulation no. 43 year

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2002 on Permits of Utilization of Timber Forest Products in Plantation Forest South Barito District Local Regulation no. 11 year 2002 on Utilization Rights on Community Forest

(HPHKM)South Barito District Local Regulation no.4 year 2012 on South Barito Local Medium-Term Development

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(HPHKM) Regent Decree no. 188 year 2013 on Development of Spatial Planning Coordination Body in South Barito

District

www.antarakalteng.com “Barito Selatan didesak benahi administrasi keuangan” acessed on 21 February 2014

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