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A. G. Wibisana and S. N. Setyorini
damage in mineral land, peatlands, and flora and fauna, as established, respectively,
in Annexes A, B, and C of GR Number 4 of 2001. These standards, in turn, play a
determining role in some rulings on forest and land fires.
(c) Peatland Regulations
In 2014, the President signed GR Number 71 of 2014 on Protection and Management
of Peatland, later amended by GR Number 57 of 2016. The regulation considers the
protection and management of peat ecosystem as systematic and integrated efforts to
maintain the function of peat ecosystems and prevent damage to the peat ecosystem
(GR Number 71 of 2014, art. 1 point 1). The GR defines peat as organic materials
formed naturally from the remains of decomposing plants accumulating in the swamp
(GR Number 71 of 2014, art. 1 point 2). The definition is revised later into organic
materials naturally formed from the imperfect decomposition of plant remains accumulated in the swamp with a depth of 50 cm or more (GR Number 57 of 2016,
art. 1 point 2). Hence, according to the definition above, peatlands should have the
depth of minimum 50 cm, and should also consist of organic materials from plant
decomposition.
The planning of peatland protection and management consists of three stages,
namely peat ecosystem inventory, determination of peat ecosystem function, and
the preparation and establishment of peat ecosystem protection and management
plan. The peat ecosystem inventory is undertaken by the Minister of the Environment, currently the MoEF, and carried out with satellite imagery and aerial
photographs, taking into account the indicative map of the distribution of the national
peat ecosystem. Meanwhile, the determination of the function of peat ecosystem is
carried out by the MoEF after coordination with the minister responsible for water
management (i.e. Minister of Public Works) and minister responsible for spatial
arrangement (i.e. the Minister of Agraria and Spatial Planning) (GR Number 71 of
2014, arts. 4, 5 and 9 part. 1).
The GR Number 71 of 2014 gives the Minister of the Environment the authority
to determine the functions of peatland ecosystem, which comprise the function of
protection (fungsi lindung ekosistem gambut) and the function of utilization (fungsi
budidaya ekosistem gambut) (art. 9 paras 1–2). More importantly, the Minister is
obliged to designate no less than 30% of hydrological peat unit as the protection
function of the peatland ecosystem. In addition, the Minister is also obliged to designate as protection function of peatland ecosystem areas located beyond the hydrologically unified peatland areas which contain peat of more than three-m depth, specific
and endemic germplasm, protected species, or considered as a protected area under
spatial planning, or as conservation or protected forests (GR Number 71 of Government Regulation Number 71 2014, art. 9 paras 3–4). Areas allocated for utilization
function can be changed into those for protection function, but not the other way
around (GR Number 71 of 2014, art. 11).
The GR Number 71 of 2014 urges the formulation of peatland management plan
at national, provincial, and district/city levels. The plan is hierarchically formulated,
in the sense that the plan at a district/city level should be based on national and
A. G. Wibisana and S. N. Setyorini
damage in mineral land, peatlands, and flora and fauna, as established, respectively,
in Annexes A, B, and C of GR Number 4 of 2001. These standards, in turn, play a
determining role in some rulings on forest and land fires.
(c) Peatland Regulations
In 2014, the President signed GR Number 71 of 2014 on Protection and Management
of Peatland, later amended by GR Number 57 of 2016. The regulation considers the
protection and management of peat ecosystem as systematic and integrated efforts to
maintain the function of peat ecosystems and prevent damage to the peat ecosystem
(GR Number 71 of 2014, art. 1 point 1). The GR defines peat as organic materials
formed naturally from the remains of decomposing plants accumulating in the swamp
(GR Number 71 of 2014, art. 1 point 2). The definition is revised later into organic
materials naturally formed from the imperfect decomposition of plant remains accumulated in the swamp with a depth of 50 cm or more (GR Number 57 of 2016,
art. 1 point 2). Hence, according to the definition above, peatlands should have the
depth of minimum 50 cm, and should also consist of organic materials from plant
decomposition.
The planning of peatland protection and management consists of three stages,
namely peat ecosystem inventory, determination of peat ecosystem function, and
the preparation and establishment of peat ecosystem protection and management
plan. The peat ecosystem inventory is undertaken by the Minister of the Environment, currently the MoEF, and carried out with satellite imagery and aerial
photographs, taking into account the indicative map of the distribution of the national
peat ecosystem. Meanwhile, the determination of the function of peat ecosystem is
carried out by the MoEF after coordination with the minister responsible for water
management (i.e. Minister of Public Works) and minister responsible for spatial
arrangement (i.e. the Minister of Agraria and Spatial Planning) (GR Number 71 of
2014, arts. 4, 5 and 9 part. 1).
The GR Number 71 of 2014 gives the Minister of the Environment the authority
to determine the functions of peatland ecosystem, which comprise the function of
protection (fungsi lindung ekosistem gambut) and the function of utilization (fungsi
budidaya ekosistem gambut) (art. 9 paras 1–2). More importantly, the Minister is
obliged to designate no less than 30% of hydrological peat unit as the protection
function of the peatland ecosystem. In addition, the Minister is also obliged to designate as protection function of peatland ecosystem areas located beyond the hydrologically unified peatland areas which contain peat of more than three-m depth, specific
and endemic germplasm, protected species, or considered as a protected area under
spatial planning, or as conservation or protected forests (GR Number 71 of Government Regulation Number 71 2014, art. 9 paras 3–4). Areas allocated for utilization
function can be changed into those for protection function, but not the other way
around (GR Number 71 of 2014, art. 11).
The GR Number 71 of 2014 urges the formulation of peatland management plan
at national, provincial, and district/city levels. The plan is hierarchically formulated,
in the sense that the plan at a district/city level should be based on national and