15 Peatland Protection in Indonesia: Toward the Right Direction?
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provincial plans, while the provincial plan should be based on the national plan. The
national plan will, in turn, be based on the national map of the peatland ecosystem
(peta fungsi Ekosistem Gambut nasional) (art. 9 paras 14–15).
The GR Number 71 of 2014 also sets forth some criteria for determining damage
on peatland. Peatland designated for protection function is damaged if there is manmade drainage, if pyritic sediment and/or quartz underneath the peat are exposed, or if
the area or land cover is reduced (art. 23 part. 2). Meanwhile, peatland designated for
utilization function is damaged if the water-table level is deeper than 0.4 m from the
peat surface, or if the pyritic sediment and/or quartz underneath the peat are exposed
(art. 23 part. 3). However, the criteria are not applicable for peatland designated for
utilization function whose depth is less than 1 m (art. 24).
The GR Number 71 of 2014 prohibits land clearing within the peatland ecosystem
designated for protection function, building canals likely to drain the peatlands,
burning the peatland, or conducting activities that cause damage to peatland
ecosystem (art. 26). The license holders are obliged to control damage to the peatland ecosystem occurring within the area under their control (art. 27). If they fail
to control the damage within the specified time, the Minister of the Environment,
Governor, or Mayor/Head of district can appoint a third party to control the damage,
at the expense of the license holders (art. 28). Similarly, the license holders are also
obliged to undertake environmental recovery for the damage occurring within the
area under their control (arts 30–31).
Interestingly, the GR Number 71 of 2014 stipulates that the government may
impose an administrative sanction, that is, the government’s coercive order, to those
who violate the prohibitions and obligations above (arts. 41–44). The threat of administrative sanction under this GR is, however, questionable since it has the potentials
to be in contradiction with the sanction under the Law Number 32 of 2009, which
imposes criminal sanctions for those whose activities have given rise to environmental
pollution or damage (the 2009 Environmental Law, arts. 98–99).
The Peatland Regulation divides the peatland protection and management plan
into three hierarchical plans, namely the national plan, the provincial plan, and the
district plan, which at least includes plans (GR Number 71 of 2014, art. 14 part. 1
and art. 17 part. 1):
4.1 the use or preservation of peatland ecosystems;
4.2 the maintenance and protection of the quality or function of the peatland
ecosystem;
4.3 the control, monitoring, utilization, and conservation of peatland ecosystems;
and
4.4 adaptation and mitigation to climate change.
Furthermore, the Regulation determines that the utilization of peatlands with
protection function is limited to research activities, science, education, and environmental services. Meanwhile, peatlands with utilization function can be used for
any activity according to the protection and management plant of peatlands (GR
Number 71 of 2014, arts. 20 and 21). The GR Number 71 of 2014 also stipulates that
the control of peatlands shall be undertaken according to the national, provincial, and
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provincial plans, while the provincial plan should be based on the national plan. The
national plan will, in turn, be based on the national map of the peatland ecosystem
(peta fungsi Ekosistem Gambut nasional) (art. 9 paras 14–15).
The GR Number 71 of 2014 also sets forth some criteria for determining damage
on peatland. Peatland designated for protection function is damaged if there is manmade drainage, if pyritic sediment and/or quartz underneath the peat are exposed, or if
the area or land cover is reduced (art. 23 part. 2). Meanwhile, peatland designated for
utilization function is damaged if the water-table level is deeper than 0.4 m from the
peat surface, or if the pyritic sediment and/or quartz underneath the peat are exposed
(art. 23 part. 3). However, the criteria are not applicable for peatland designated for
utilization function whose depth is less than 1 m (art. 24).
The GR Number 71 of 2014 prohibits land clearing within the peatland ecosystem
designated for protection function, building canals likely to drain the peatlands,
burning the peatland, or conducting activities that cause damage to peatland
ecosystem (art. 26). The license holders are obliged to control damage to the peatland ecosystem occurring within the area under their control (art. 27). If they fail
to control the damage within the specified time, the Minister of the Environment,
Governor, or Mayor/Head of district can appoint a third party to control the damage,
at the expense of the license holders (art. 28). Similarly, the license holders are also
obliged to undertake environmental recovery for the damage occurring within the
area under their control (arts 30–31).
Interestingly, the GR Number 71 of 2014 stipulates that the government may
impose an administrative sanction, that is, the government’s coercive order, to those
who violate the prohibitions and obligations above (arts. 41–44). The threat of administrative sanction under this GR is, however, questionable since it has the potentials
to be in contradiction with the sanction under the Law Number 32 of 2009, which
imposes criminal sanctions for those whose activities have given rise to environmental
pollution or damage (the 2009 Environmental Law, arts. 98–99).
The Peatland Regulation divides the peatland protection and management plan
into three hierarchical plans, namely the national plan, the provincial plan, and the
district plan, which at least includes plans (GR Number 71 of 2014, art. 14 part. 1
and art. 17 part. 1):
4.1 the use or preservation of peatland ecosystems;
4.2 the maintenance and protection of the quality or function of the peatland
ecosystem;
4.3 the control, monitoring, utilization, and conservation of peatland ecosystems;
and
4.4 adaptation and mitigation to climate change.
Furthermore, the Regulation determines that the utilization of peatlands with
protection function is limited to research activities, science, education, and environmental services. Meanwhile, peatlands with utilization function can be used for
any activity according to the protection and management plant of peatlands (GR
Number 71 of 2014, arts. 20 and 21). The GR Number 71 of 2014 also stipulates that
the control of peatlands shall be undertaken according to the national, provincial, and