15 Peatland Protection in Indonesia: Toward the Right Direction?
303
The term “recovery” (pemulihan) is used to refer to various activities, including
rehabilitation, remediation, restoration, and other measures in accordance with scientific and technological development (Law Number 32 of 2009, art. 54). With respect
to peatlands, the term restoration refers to very specific activities, including the
implementation of restoration techniques, such as water management, the construction, operation, and maintenance of rewetting infrastructures of peatlands, and the
implementation of cultivation methods according to local practices (Government
Regulation Number 57 of 2016, art. 30A par. 1).
This chapter is structured as follows. After this introduction, Section “Peatland
Degradation in Indonesia” will briefly explain the extent and impacts of peatland
degradation in Indonesia. Section “Peatland Protection and Indonesia’s GHG Emissions” shows the importance of peatland protection and the prevention of wildfires
on peatlands to the fulfillment of Indonesia’s emission reduction target. Section
“Indonesia’s Responses to Peatland Degradations” explains several responses undertaken by the government. They include provisions on the 1999 Forestry Law, the
2009 Environmental Law, and their respective regulations. The explanations indicate that progressive changes toward both fire prevention and control and peatland
protection and recovery are made to implement the 2009 Environmental Law. Hence,
from a legal perspective, the 2009 Environmental Law plays a more important role
compared to the 1999 Forestry Law in providing the legal basis for peatland protection
and recovery. Section “Legal Challenges for Peatland Protection: The Importance.
Roles of the Principles of Environmental Law”analyzes the roles of legal principles
in shaping Indonesia’s responses to the protection and management of peatlands.
Section “Conclusion” provides some concluding remarks.
Peatland Degradation in Indonesia
Peatlands are organic soils formed through decomposition of plant materials, accumulated for thousands of years under waterlogged and acidic conditions. Peatlands
are typically characterized by their moisture content, hydraulic conductivity, water
tension, and water yield (Adesiji et al. 2014, p. 483). According to Hooijer and
colleagues, undisturbed peat consists of plant remains and water, respectively, of
around 10 and 90% (Hooijer 2010, p. 1505).
Since the 1970s, the vast areas of lowland tropical peatland in Southeast Asia have
been converted into agriculture, following forest clearance and drainage (Wösten et al.
2008, p. 212). Agriculture and industrial forestry have induced land-use changes
in peatlands, which require drainage of the water-saturated peat. The process of
subsidence will immediately follow the drainage of peatlands. Unfortunately, the
subsidence of every cm leads to the release of 13 t CO 2 per hectare per year (Wösten
et al. 2008, p. 213).
Indonesia’s peat swamp forests have been deforested and converted continuously
in recent decades. As a result, the proportion of peat swamp forests in Sumatra and
Kalimantan declines dramatically from 76% in 1990, to 40% in 2007, and to 29% in
303
The term “recovery” (pemulihan) is used to refer to various activities, including
rehabilitation, remediation, restoration, and other measures in accordance with scientific and technological development (Law Number 32 of 2009, art. 54). With respect
to peatlands, the term restoration refers to very specific activities, including the
implementation of restoration techniques, such as water management, the construction, operation, and maintenance of rewetting infrastructures of peatlands, and the
implementation of cultivation methods according to local practices (Government
Regulation Number 57 of 2016, art. 30A par. 1).
This chapter is structured as follows. After this introduction, Section “Peatland
Degradation in Indonesia” will briefly explain the extent and impacts of peatland
degradation in Indonesia. Section “Peatland Protection and Indonesia’s GHG Emissions” shows the importance of peatland protection and the prevention of wildfires
on peatlands to the fulfillment of Indonesia’s emission reduction target. Section
“Indonesia’s Responses to Peatland Degradations” explains several responses undertaken by the government. They include provisions on the 1999 Forestry Law, the
2009 Environmental Law, and their respective regulations. The explanations indicate that progressive changes toward both fire prevention and control and peatland
protection and recovery are made to implement the 2009 Environmental Law. Hence,
from a legal perspective, the 2009 Environmental Law plays a more important role
compared to the 1999 Forestry Law in providing the legal basis for peatland protection
and recovery. Section “Legal Challenges for Peatland Protection: The Importance.
Roles of the Principles of Environmental Law”analyzes the roles of legal principles
in shaping Indonesia’s responses to the protection and management of peatlands.
Section “Conclusion” provides some concluding remarks.
Peatland Degradation in Indonesia
Peatlands are organic soils formed through decomposition of plant materials, accumulated for thousands of years under waterlogged and acidic conditions. Peatlands
are typically characterized by their moisture content, hydraulic conductivity, water
tension, and water yield (Adesiji et al. 2014, p. 483). According to Hooijer and
colleagues, undisturbed peat consists of plant remains and water, respectively, of
around 10 and 90% (Hooijer 2010, p. 1505).
Since the 1970s, the vast areas of lowland tropical peatland in Southeast Asia have
been converted into agriculture, following forest clearance and drainage (Wösten et al.
2008, p. 212). Agriculture and industrial forestry have induced land-use changes
in peatlands, which require drainage of the water-saturated peat. The process of
subsidence will immediately follow the drainage of peatlands. Unfortunately, the
subsidence of every cm leads to the release of 13 t CO 2 per hectare per year (Wösten
et al. 2008, p. 213).
Indonesia’s peat swamp forests have been deforested and converted continuously
in recent decades. As a result, the proportion of peat swamp forests in Sumatra and
Kalimantan declines dramatically from 76% in 1990, to 40% in 2007, and to 29% in