15 Peatland Protection in Indonesia: Toward the Right Direction?
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p.3). In addition, although initially the proposed moratorium also covered the socalled “secondary forest”, in addition to the primary forest and peatland, finally the
President excluded the secondary forest from the Presidential instruction. It should
be noted that terms primary and secondary forests are problematic since there is
no reference to these terms in the 1999 Forestry. Hence, a clear definition of what
constitutes the primary and secondary forests remains to be seen. On the other hand,
the government states that the moratorium is a necessary first move in the implementation of REDD. In the future, there will be more regulations on forest preservation
(The Jakarta Post, May 23rd 2011, p. 2).
(b) Fire Prevention and Control
The prevention of forest/land fires is also addressed in Government Regulation
Number 4 of 2001 on Environmental Damage and Pollution Control Related to
Forest and Land Fires. In addition to prohibiting forest/land fires (art. 11), this GR
also requires every person to prevent environmental damage in relation to forest/land
fires (GR Number 4 of 2001, art. 12). The responsibility and obligation to prevent
forest fires are vested in those who carry out business or activities (GR Number 4 of
2001, art. 13). In this case, they have to ensure that adequate facilities and infrastructures are in place, in order to prevent fires in their business location. The facilities
or infrastructures include: (a) An early detection system which informs the event
of forest/land fires; (b) Equipment to prevent forest/land fires; (c) Standard operation procedure to prevent and control forest/land fires; (d) An organization that is
responsible for preventing and controlling forest/land fires; and (e) Regular training
for controlling forest/land fires (GR Number 4 of 2001, art. 14). Further, the GR
rules that those who carry out business/activities also bear the obligation to conduct
supervision and to provide a regular report to the government concerning the result
of the supervision (GR Number 4 of 2001, art. 15). They are also responsible for the
forest/land fires occurring in an area covered by their business/activities and hence
are required to immediately conduct necessary actions to control forest/land fires and
to conduct recovery of environmental impacts arising out of forest fires (GR Number
4 of 2001, art. 18 par.1 and art. 22 par.1).
With respect to civil liability, the GR Number 4 of 2001 provides provision on strict
liability (art. 51). This article is actually a provision on strict liability that is similar
to the formulation of strict liability under article 35 of the 1997 EMA. However, it
appears that the applicability of strict liability to forest fires is not straightforward. It
requires more explanation regarding whether or not the defendant’s activity belongs
to the category of abnormally dangerous activity, to which the application of strict
liability is justified.
The regulation is of high importance for two reasons. For one thing, it is the first
government regulation specifically enacted to address forest and land fires. Hence,
the regulation not only provides stipulations on responsibility for fire prevention
and control but also on emergency responses to be taken by the government and
business entities. For another, the regulation provides standards (criteria) relevant
for determining environmental damage due to forest fires. The standards are for
311
p.3). In addition, although initially the proposed moratorium also covered the socalled “secondary forest”, in addition to the primary forest and peatland, finally the
President excluded the secondary forest from the Presidential instruction. It should
be noted that terms primary and secondary forests are problematic since there is
no reference to these terms in the 1999 Forestry. Hence, a clear definition of what
constitutes the primary and secondary forests remains to be seen. On the other hand,
the government states that the moratorium is a necessary first move in the implementation of REDD. In the future, there will be more regulations on forest preservation
(The Jakarta Post, May 23rd 2011, p. 2).
(b) Fire Prevention and Control
The prevention of forest/land fires is also addressed in Government Regulation
Number 4 of 2001 on Environmental Damage and Pollution Control Related to
Forest and Land Fires. In addition to prohibiting forest/land fires (art. 11), this GR
also requires every person to prevent environmental damage in relation to forest/land
fires (GR Number 4 of 2001, art. 12). The responsibility and obligation to prevent
forest fires are vested in those who carry out business or activities (GR Number 4 of
2001, art. 13). In this case, they have to ensure that adequate facilities and infrastructures are in place, in order to prevent fires in their business location. The facilities
or infrastructures include: (a) An early detection system which informs the event
of forest/land fires; (b) Equipment to prevent forest/land fires; (c) Standard operation procedure to prevent and control forest/land fires; (d) An organization that is
responsible for preventing and controlling forest/land fires; and (e) Regular training
for controlling forest/land fires (GR Number 4 of 2001, art. 14). Further, the GR
rules that those who carry out business/activities also bear the obligation to conduct
supervision and to provide a regular report to the government concerning the result
of the supervision (GR Number 4 of 2001, art. 15). They are also responsible for the
forest/land fires occurring in an area covered by their business/activities and hence
are required to immediately conduct necessary actions to control forest/land fires and
to conduct recovery of environmental impacts arising out of forest fires (GR Number
4 of 2001, art. 18 par.1 and art. 22 par.1).
With respect to civil liability, the GR Number 4 of 2001 provides provision on strict
liability (art. 51). This article is actually a provision on strict liability that is similar
to the formulation of strict liability under article 35 of the 1997 EMA. However, it
appears that the applicability of strict liability to forest fires is not straightforward. It
requires more explanation regarding whether or not the defendant’s activity belongs
to the category of abnormally dangerous activity, to which the application of strict
liability is justified.
The regulation is of high importance for two reasons. For one thing, it is the first
government regulation specifically enacted to address forest and land fires. Hence,
the regulation not only provides stipulations on responsibility for fire prevention
and control but also on emergency responses to be taken by the government and
business entities. For another, the regulation provides standards (criteria) relevant
for determining environmental damage due to forest fires. The standards are for