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Coalition of Civil Society for Saving Indonesian Forests and Global Climate
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Briefing Paper
Strengthening the Climate Change Agenda and
Indonesia's Commitment to Protect Forest
On the 21st of January 2015, President Joko Widodo signed the Presidential Decree No. 16 Year
2015 regarding the Ministry of Environment and Forestry (KLHK). This presidential decree
merges the Ministry of Environment with the Ministry of Forestry as well as dissolve the two
ministerial levels of the REDD+ Agency and the National Council on Climate Change (DNPI)
to form part of the Directorate General of Climate Change Controlling beneath the newlyformed ministry.
We, the Coalition of Civil Society for Saving of Indonesian Forests and Global Climate, values
the good intention of the President to improve the efficiency of bureaucracy with the merging
of various bodies with similar authority and functions. This merger is inline with improved
governance which will encourage coordination functions and the institutional mandate in order
to perform more quickly and efficiently. Accordingly, the Coalition needs to express our views
and recommendations as follows.
A. The main characteristics of climate change.
Related with the character of issue of climate change, we need to give some important notes
which needs to be considered by the Joko widodo Government before the Presidential Decree
No. 16 Year 2015 has any laws that implement the policy, relating to specific and formal
structures and tasks within the KLHK.
1. Climate Change is Accumulative
Climate change is a cumulative impact of unsustainable development practices and has
been discussed as an international agenda since the establishment of the Convention on
Climate Change in 1992 in Rio de Janeiro, Brazil. The main roots of the problem must be
reviewed, such as patterns of production and consumption which is only concerned with
economic benefits through highly exploitative utilization of natural resources, coupled with
insensitivity of economic system to the problems of injustice regarding the control of
natural resources and development in general. Without a change in the pattern of
development, climate conditions will continue to deteriorate.
2. Urgent and Timely Limited
The impact of global climate change affects the level of national resilience. In a report
published by the Intergovernmental Panel of Climate Change (IPCC), it was explained that
an increase in global temperature of 2°C would bring environmental impacts that are
dangerous to the survival of mankind. This impact is already evident in Indonesia. Floods,
landslides, droughts, and wildfires have seems to be a compulsory menu every year. Critical
land in the forest area has reached more than 27 million hectares.1 The condition of coastal
communities and small islands are also threatened by rising sea levels. The biodiversity
1
From the coordination meetings welcome Forestry Conservation Forest Rehabilitation Cooperation
with the MoU between the military and MoF and PT Garuda Indonesia, February 7, 2014.
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that forms Indonesia's wealth is now in a vulnerable condition. Meanwhile, the size of the
fish in the sea is shrinking due to reduced oxygen levels in the ocean because of the global
warming.
3. Multi-sectorial
The functions of the Directorate General of Climate Change Controlling mentioned in
Presidential Decree 16/2015 (Article 28) include "mitigation, adaptation, reduction of
greenhouse gas emissions, reduction and elimination of ozone depleting substances,
mobilization of resources, greenhouse gas inventory, monitoring, reporting and
verification climate change and the control of land and forest fires." These functions are
multi-sectorial functions with respect to the mandate of other agencies and Local
Government. In practice, the climate change agenda often clashes with the government's
development agenda that prioritizes growth (pro-growth) in various sectors and is therefore
often defeated. This is unfortunate because the rate of climate change has a significant
impact on the success of long-term development. Adaptation to climate change is also very
closely related to other sectors outside the KLHK.
The preconditions for managing exploitative development, among others include; One Map
Policy, participatory mapping, the moratorium on licensing, conflict resolution and
recognition of rights of customary and local peoples, as well as acceleration of gazettement
of forest areas which complies with Constitutional Court Ruling No. 45/PUU-IX / 2011
which are cross-sectorial agendas that must be coordinated by a ministry/institution whose
mandate is cross-sectorial. These agendas must be carried out with the principle of
inclusiveness, participation, and encouragement the public concern as a major rights
holders. The relation between the climate change agenda and relevant institutional function
spans to at least 6 (six) groups of ministries/institutions, as illustrated in the diagram below.
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Relevant Ministries/Institutions:
Presidential
Office
Coordinating
Ministry for
Economic
Affairs
Coordinating
Ministry for
Maritime
Affairs
Coordinating
Ministry for
Human
Development
and Culture
State
Secretariat
Forestry and
Environment
Marine and
Fisheries
Social Affairs
Cabinet
Secretariat
Land and
Spatial
Planning
Energy and
Mineral
Resources
National
Development
Planning
Finance
Transportation
Research,
Technology
and High
Education
Village,
Disadvantaged
Regions and
Transmigration
Public Works
& Public
Housing
Industry
Tourism
Coordinating
Ministry for
Political,
Legal and
Security
Affairs
Home Affairs
NonMinisterial
Government
Agencies/NonStructural
Institution
Agency for
Meteorology,
Climatology
and
Geophysics
Foreign
Affairs
Investment
Coordinating
Board
Defense
Commission
on Human
Rights
Law &
Human Right
Geospatial
Information
Agency
National Board
for Disaster
Management
Trade
Agriculture
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As a note, while these preconditions have been met, the main objective of the climate change
agenda is not possible without a consistent law enforcement by all levels of government in
accordance with the principles of the rule of law and human rights.
4. Forestry Policy has already contributed to the release of emissions.
Most of Indonesia's emissions come from destructions of forest and peat lands. According
to the DNPI (2009), 87% of emissions produced by Indonesia comes from the use of peat
land and forest destruction. Indonesia's deforestation rate which has always been greater
than the 1 million hectares over the last two decades cannot be separated from the existing
policies set by Forestry Ministry which are highly exploitative, which includes, inter alia,
the granted forest concessions and relinquishment of forest area as well as the weak
supervision of forest areas. Forest Watch Indonesia (2014) found that the loss of natural
forest cover was at its greatest number between 2009-2013 and was based on the function
of the State Forest Area and Other Land Uses (APL) which in order of size are Production
Forest with 1.28 million hectares of deforestation rates, APL up to 1.12 million hectares,
Convertible Production Forest 0.78 million hectares, Limited Production Forest areas to
0.7 million hectares of forest, Protection Forest 0.48 million hectares and 0.23 million
hectares of the Conservation Area. The total amount of deforestation is 2.3 million hectares
which is significantly contributed by large scale license holders through HPH, HTI,
Plantation, and Mining. In addition, the lack of government oversight resulted in the illegal
clearing of forests and peat lands and therefore resulting in deforestation of 2.2 million
hectares.
5. The large contribution of fossil fuels.
National energy policy has been oriented towards the use of fossil fuels which is a cause of
carbon emissions that are partly derived from mining practices that have high destructive
power. The level of dependence on fossil fuels is very high while the proportion of
renewable energy is very small. National energy policy has been highly centralized and has
been dedicated to the business world rather than the availability of sufficient energy for the
majority of peoples. In 2014, coal production reached 435 million tons with exports
amounting to 359 million tons while the Domestic Market Obligation (DMO) has reached
76 million tons. This year, coal remains the cornerstone of production with a target of 420
million tons. The government is also encouraging increased use of coal in the state, with
the construction of several coal electricity plants in Indonesia. Indonesia will be further
from its commitment to reduce green house gas emissions by 26% by 2020 due to Land
Use Land Use Change and Forestry (LULUCF) and the use of dirty energy without a
fundamental change in national energy policy. The plans to encourage the use of renewable
energy based on land requirements would also not be in line with the emission reduction
commitments.
6. No Backsliding
Indonesia, since the beginning of President's administration, has expressed its commitment
to national emission reductions by 26% as domestic efforts and with foreign support of
above 41% in 2020. Most of these commitments will be implemented through REDD +
given the major source of Indonesia's emissions from forests and land peat. This
commitment has been widely exposed and is regarded as a step forward by almost every
country, recorded in the institution of Climate Change Convention, recorded by various
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NGOs and recorded in the reports of international and national media. To achieve these
targets, the Government of Indonesia has undertaken initiatives which are driven by various
levels of civil society participation, such as the Joint Memorandum of Understanding
(NKB) regarding the 12 Ministers of Acceleration Region Conservation Forest, review of
licensing, transparency map, moratorium and customary law community, the licensing
system information. It would be prudent for Indonesia to be consistent with the
commitments and positive initiatives that have been in place and appreciate the global
agreement to not do any backsliding in handling climate change as outlined in the RPJMN
of 2015-2019 to recommitting 26% emission reductions in 2020.
B. Positive Milestones
In connection with the characteristics of the climate change issue discussed above, the
initiatives of the Joko Widodo Government which brings together the two Ministries and two
institution at the Ministry, at least has two positive foundations that need to be a milestone in
the preparation of more detailed structure.
1. Efficiency of the bureaucracy
Until now, there is uncertainty about the state agencies that administer the issue of climate
change, including the responsibility for coordination and evaluation of emissions reduction.
The establishment of the Directorate General of Climate Change Control under KLHK
simplifies the lines of accountability and streamlines the planning, implementation and
evaluation. This structure is expected to create a good coordination system, making efforts
to encourage mitigation and adaptation to climate change will be integrated. Additionally,
the public input channel to deliver improved handling of climate change is also becoming
clearer at the institutional level.
2. Strengthening the Role of the Environment Institute at a Local Level
Before it merged with the Ministry of Forestry, the Ministry of Environment was working
on environmental issues including climate change and it often encountered difficulties in
terms of ensuring its agenda was implemented at the regional level. This matter is related
to the classification of government affairs in the Law 39 of 2008 on The State Ministry of
Environment in which states that the institution is formed for the "sharpening,
coordination, and synchronization of government programs" (Article 4 paragraph (2) c).
This nature of KLH had legal administrative consequence that instead of having directorate
general which has executing authority to the regional level, it only had deputy which does
not has the same authority at regional level. By combining the two ministries, the Ministry
of Living authority becomes equal with the Ministry of Forestry and are included in the
scope of government affairs in 1945 (Article 4 (2) b) which has authority among others for
the "Implementation of technical guidance and supervision over the conduct of the affairs
ministry in area." The ability and leadership which is better than the government before it,
the expected environmental agenda, including climate change, will more easily coordinated
with the Regional Government.
C. Potential Risks
However, we noted some risks that need to be considered in determining the structure of the
Jokowi Government's KLHK such as:
1. Unable to accomodate cross sectorial authority.
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Reflections on the performance of the cabinet which almost always appear in the previous
regimes, is the difficulty of inter-ministerial coordination. Even the REDD + agency and
NCCC which were formed to accelerate the coordination of climate change and forestry
issues have not been able to carry out their duties properly. Coordination function will not
work if the coordinating authority only laid the Directorate General level institutions.
Therefore, the government needs to find a way out for better coordination for the issue of
climate change.
2. The transition institutions are not prepared
The merger of the Ministry of Environment and Forestry Ministry does not take into
account the environmental and institutional readiness, which until now has often
contradicted to teach other. Likewise, the regional governments do not have the capacity
to immediately respond to rapid institutional change at the central level. The position of
environmental issues historically has often been treated as a minor issue and institutionally
inferior when facing off with extractive natural resources sectors. Therefore, strengthening
the function of the environment functions does not automatically strengthen the function
of environment institutions at the regional level.
3. The corrective function which is difficult to undertake.
One of the major roles that should be played by the institutions that deal with climate
change is to correct the system of forest governance and overall development model. The
agenda of the moratorium on forest and peat land permits as well as the refining of forest
governance are one step towards correction which is driven by civil society, and assessed
as opening opportunities to review and correction of the forestry policies over the years.
From the perspective of good governance, the function of the review should be conducted
by institutions that are not involved in the formation and implementation of policies that
have destroyed the forests and the environment. This is necessary to ensure the objectivity
of the results of the review where there is distance between the assessing institution and the
institution being assessed.
4. Limited space for public participation
In the process of development of climate change policy until now, there has already been
several initiatives provide space and public input in policy formulation. The tradition of
institutionalization of public input had not been visible as part of the performance of the
Ministry of Forestry (before it merged). Many policies of the release of forest lands and
granting of forest licenses were done without considering input from public, moreover their
rejections.
5. Budget policies are incompatible with the character of climate change
The budget allocation for urgent matters related to the issue of climate change so far has
not been adequate or sustainable. Even if there were additional funds from developed
countries that were responsible for the impacts of climate change in developing countries,
it will be redundant if the budget system continues to follow the current pattern. This is
because the structure and mechanism of the state budget based on current mechanism of
the State Budget (APBN), is not suited to address environmental issues, forestry, and
climate change which is (by nature) has long-term and cumulative impact whose results
cannot be seen.
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D. Recommendations
Taking into account the opportunities and challenges mentioned above, we recommend some
important points that should be the reference of the new government performance in controlling
and addressing the impacts of climate change. Some points are also associated with the
arrangement of the internal structure of the Ministry, namely:
1. Climate Change Response Strategy
a. KLHK should encourage the adaptation agenda to be as strong as mitigation mechanisms.
Therefore, areas which are categorized as vulnerable (such as small islands) on the
adaptation map need to be supported with mitigation and likewise, mitigation efforts should
be combined with adaptation agenda. In addition, the overall development plan should stop
new pressures on vulnerable areas by restricting the granting of exploitative permits and
prioritize programs that assist adaptation.
b. KLHK along with associated ministries/institutions shall continue and accelerate the
implementation of the agenda, which is a prerequisite of effective control of climate change,
namely:
1) The One Map Policy. 2 The government should immediately issue a
government regulation on the implementation of the One Map Policy, by
ordering all related sectors to completed the synchronization of the map with
the Geospatial Information Agency in no later than 1 (one) year. The regulation
should expressly stipulate that all forms of licensing refer to the One Map.
Given the importance of this agenda insustainable development, we propose
the implementation is carried out by an independent team directly responsible
to the President.
2) Participatory Mapping and Forest Boundaries Governing. 3 The government
should strengthen public participation in the governance of forest boundaries
by accommodating participatory mapping instruments as a basis for forest
boundaries governance.
3) The Permit Moratorium on Forest Area and Peatland, noting the need to be
refined again to rescue the remaining natural forests;4
4) Acceleration of Forest Area Gazettement.5 Affirmation of forest areas should
at least refer to the two Constitutional Court Ruling namely Ruling No 45 /
PUU-IX / 2011 and the Constitutional Court Ruling No. 35 / PUU-X / 2012.
5) Conflict resolution and recognition of rights of customary peoples and local
peoples.6The government must provide a stronger legal framework to resolve
forestry conflicts which are of cross sectorial nature, given the reality on the
2
Based on the mandate of Law No.4 of 2011 on Geospatial Information, Presidential Decree No. 27 of
2014 on the National Geospatial Information Network, and RPJMN 2015-2019
3
Under Law No. 4 of 2011 on Geospatial Information, Law 26 of 2007 on Spatial and
Law 6 2014 regarding Villages
4
Based on the mandate of Presidential Instruction No. 6 of 2013 on New Permit Delays And
Improving Governance Primary Forest and Peat land.
5
Based on the Memorandum of Understanding with 12 K / L on the Acceleration of Indonesian Forest
Area Conservation
6
Based on TAP MPR No. IX year 2001 and RPJMN 2015-2019.
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ground in forest-related issues as well with non-forestry issues such as mining,
infrastructure development, plantation.
c. KLHK must support fundamental changes in national energy policy to gradually abandon
the dependence on fossil fuels and to prioritize the fulfillment of the domestic needs evenly
rather than global markets.
2. Institutional Strategy
a. Function coordination, monitoring, and evaluation carried out by the Coordinating Ministry
for the Economy. Given the impact of climate change is unsustainable development, the
solution must target the improvement of the pattern of development as the root of the
problem. It requires coordination between the 6 ministries/organizations K / L whose
authority is controlled by the Ministry of Coordination. This can bridge the multi-sectorial
coordination deadlock and also ensure the relevant sectors to achieve the target of climate
change mitigation and adaptation.
b. KLHK must make the Law 32 of 2009 on the Protection and Management of the
Environment a basis in determining the structure and programs, given the environmental
issues is greater and wider than forestry alone. This will be realized by the completion of
the drafting of the Environmental Protection and Management Plan (RPPLH) and Strategic
Environmental Assessment (KLHS). Therefore, forestry area planning must refer to the
RPPLH. Similarly, the utilization of forest area in the form of licensing or plans to change
the status and functions should be based on environmental standards contained within the
KLHS. This should be realized in the structure of the directorate general to promote the
strengthening of the environment rather than the exploitation of the forest.
c. The Directorate General of Climate Change Control is to set standards and environmental
audit systems that is tighten the release of emissions as well as play an active role in
encouraging making the RPPLH and KHLS to be effective in mainstreaming sustainable
development.
d. The need for reform of state budgeting system that can accommodate the interests of
environmental protection, forestry, and the fact that climate change impact is long-term
(multi-years) and accumulative as well as invisible and immeasurable. This includes
considering models of climate change funding that have been there. Trust fund mechanism
being applied we deem sufficient to accommodate the climate change agenda. However,
this mechanism should be regarded as a form of transition towards a new state budget
system that meets the principles of public accountability.
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