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A. G. Wibisana and S. N. Setyorini
district/municipal protection and management plans, which comprises the prevention of peatland damage, the mitigation of damage, and the recovery of degraded
peatlands (art. 22).
GR Number 71 of 2014 stipulates that the utilization of peatlands shall have an
environmental permit (art. 25). Since the permit requires an environmental impact
assessment, the Article implies that every utilization of peatlands requires the proponent to have its environmental impact analysis approved. Meanwhile, GR Number
57 of 2016 sets forth the prohibition of the land clearing until the establishment of
zoning of peatlands, that is, either as protected functions or utilization function. The
GR also prohibits the construction of drainage canals likely to drain the peatlands,
the burning of peatlands, and the execution of other activities which might result in
peatland degradation (GR Number 57 of 2016, art. 26).
Furthermore, the regulation specifies that the maintenance of peatlands is carried
out through the preservation and conservation of peatlands. In this regard, the MoEF
holds the authority to determine the peatland ecosystem that cannot be utilized
within a certain period. The area of peatlands excluded from utilization includes
(GR Number 71 of 2014, art. 33 part. 3 and art. 34):
(a) peatlands with a protected function that is less than 30% of the total hydrological
area of peat in the province or district/city;
(b) peatlands with a utilization function, half of which has been granted a business
license or activity beyond the damage criteria;
(c) peatlands which have been designated for to utilization moratorium according
to other relevant regulations; or
(d) peatlands with a utilization function which have been changed into protection
function.
The supervision for compliance of the permit holders shall be undertaken by
the MoEF, Governor, or Regent/Mayor according to their respective authority. The
authorities can further delegate their power to officers or institution responsible for
environmental management (GR Number 71 of 2014, art. 36 paras 1–2). Administrative sanctions could be imposed by the MoEF, Governor, or Regent/Mayor. The
sanctions consist of written warnings, coercive government order, suspension of
environmental permits, and revocation of environmental permits (GR Number 71 of
2014, art. 40 paras 1–2).
(d) Ministerial Regulations Related to Peatland Protection
To implement the Peatland Regulation, the MoEF issued four interrelated regulations in 2017. These are the MoEF Regulation Number
P.14/MENLHK/SETJEN/KUM.1/2/2017 on Procedures for the Inventory
and Determination of Peat Ecosystem Functions (hereinafter referred to
as MoEF Regulation Number 14 of 2017), MoEF Regulation Number
P.15/MENLHK/SETJEN/KUM.1/2/2017 on Procedures for Water-table
Measurement at the Compliance Point within Peat Ecosystem (hereinafter
referred to as MoEF Number 15 of 2017), MoEF Regulation Number
A. G. Wibisana and S. N. Setyorini
district/municipal protection and management plans, which comprises the prevention of peatland damage, the mitigation of damage, and the recovery of degraded
peatlands (art. 22).
GR Number 71 of 2014 stipulates that the utilization of peatlands shall have an
environmental permit (art. 25). Since the permit requires an environmental impact
assessment, the Article implies that every utilization of peatlands requires the proponent to have its environmental impact analysis approved. Meanwhile, GR Number
57 of 2016 sets forth the prohibition of the land clearing until the establishment of
zoning of peatlands, that is, either as protected functions or utilization function. The
GR also prohibits the construction of drainage canals likely to drain the peatlands,
the burning of peatlands, and the execution of other activities which might result in
peatland degradation (GR Number 57 of 2016, art. 26).
Furthermore, the regulation specifies that the maintenance of peatlands is carried
out through the preservation and conservation of peatlands. In this regard, the MoEF
holds the authority to determine the peatland ecosystem that cannot be utilized
within a certain period. The area of peatlands excluded from utilization includes
(GR Number 71 of 2014, art. 33 part. 3 and art. 34):
(a) peatlands with a protected function that is less than 30% of the total hydrological
area of peat in the province or district/city;
(b) peatlands with a utilization function, half of which has been granted a business
license or activity beyond the damage criteria;
(c) peatlands which have been designated for to utilization moratorium according
to other relevant regulations; or
(d) peatlands with a utilization function which have been changed into protection
function.
The supervision for compliance of the permit holders shall be undertaken by
the MoEF, Governor, or Regent/Mayor according to their respective authority. The
authorities can further delegate their power to officers or institution responsible for
environmental management (GR Number 71 of 2014, art. 36 paras 1–2). Administrative sanctions could be imposed by the MoEF, Governor, or Regent/Mayor. The
sanctions consist of written warnings, coercive government order, suspension of
environmental permits, and revocation of environmental permits (GR Number 71 of
2014, art. 40 paras 1–2).
(d) Ministerial Regulations Related to Peatland Protection
To implement the Peatland Regulation, the MoEF issued four interrelated regulations in 2017. These are the MoEF Regulation Number
P.14/MENLHK/SETJEN/KUM.1/2/2017 on Procedures for the Inventory
and Determination of Peat Ecosystem Functions (hereinafter referred to
as MoEF Regulation Number 14 of 2017), MoEF Regulation Number
P.15/MENLHK/SETJEN/KUM.1/2/2017 on Procedures for Water-table
Measurement at the Compliance Point within Peat Ecosystem (hereinafter
referred to as MoEF Number 15 of 2017), MoEF Regulation Number