15 Peatland Protection in Indonesia: Toward the Right Direction?
315
P.16/MENLHK/SETJEN/KUM.1/2/2017 on Technical Guidelines for Recovery
of Peat Ecosystem Functions (hereinafter referred to as MoEF Number 16 of
2017), and MoEF Regulation Number P.17/MENLHK/SETJEN/KUM.1/2/2017 on
Amendment to the Regulation of the Minister of Environment and Forestry Number
P.12/MENLHK-II/2015 on the Development of Industrial Forest (hereinafter referred
to as MoEF Number 17 of 2017). These regulations are explained as follows.
1. The MoEF Regulation Number 14 of 2017
The regulation is issued to regulate procedures for the inventory and determination
of peatland functions according to peatland protection and management plans both
at the national and local levels (art. 2). The procedures include the inventory and final
map of peatland hydrological units, the determination of peatland functions, and the
changes in peatland functions (art. 3).
The inventory is carried out using various maps, namely: the indicative map of the
distribution of peatlands, the national map of peatlands, the map of river hydrology
networks and altitude, the map of land cover obtained through the medium resolution
of remote sensing image, the map of elevation model of 30 m height, the landscape
map, the watershed maps, and other valid sources in geospatial mapping methods
(art. 4).
After the inventory, the subsequent step is the determination of peatland functions. To determine peatlands with the protection function, several criteria need to be
observed, namely: (a) the minimum depth of 3 m, (b) located within protected areas,
protected forests, and conservation forests, and (c) peatlands already designated to
undergo the moratorium of utilization. Peatlands with the protection function have to
be at least 30% of the entire peatland hydrological unit, of which location starts from
one or more peaks of peat domes. Meanwhile, peatlands with utilization function are
those not included in the peatlands with protection function (arts. 9–10).
The MoEF Regulation Number 14 of 2017 also states that peatlands with utilization function can be converted into those with protection function with the following
criteria: (i) Peatlands with a minimum depth of 3 m, peatlands in protected areas,
protected forests, and conservation forests, and peatlands already designated for the
moratorium of utilization; (ii) There is an ecological need to undertake measures
to prevent or recover environmental damage in peatlands, (iii) There is a need to
preserve peatlands in provinces or districts/municipalities, and (iv) The existence of
protected species or area in an area beyond 30% of the total area of peat hydrological
unit (art. 16).
The MoEF Regulation Number 14 of 2017 requires permit holders to revise their
Rencana Kerja Umum (RKU, literally means General Operational plan), Operational
plan Document, Management Plan Document to conform with the MoEF Regulation.
They must also submit the proposal to change their environmental permit due to
changes in peatland functions (art. 21). The permit holders whose more than 40%
of their working area have been designated as peatland with protection function can
apply for a land-swap, that is, the new area from mineral land allocated to compensate
the “lost” area resulting from changes in peatland functions (art. 22).
315
P.16/MENLHK/SETJEN/KUM.1/2/2017 on Technical Guidelines for Recovery
of Peat Ecosystem Functions (hereinafter referred to as MoEF Number 16 of
2017), and MoEF Regulation Number P.17/MENLHK/SETJEN/KUM.1/2/2017 on
Amendment to the Regulation of the Minister of Environment and Forestry Number
P.12/MENLHK-II/2015 on the Development of Industrial Forest (hereinafter referred
to as MoEF Number 17 of 2017). These regulations are explained as follows.
1. The MoEF Regulation Number 14 of 2017
The regulation is issued to regulate procedures for the inventory and determination
of peatland functions according to peatland protection and management plans both
at the national and local levels (art. 2). The procedures include the inventory and final
map of peatland hydrological units, the determination of peatland functions, and the
changes in peatland functions (art. 3).
The inventory is carried out using various maps, namely: the indicative map of the
distribution of peatlands, the national map of peatlands, the map of river hydrology
networks and altitude, the map of land cover obtained through the medium resolution
of remote sensing image, the map of elevation model of 30 m height, the landscape
map, the watershed maps, and other valid sources in geospatial mapping methods
(art. 4).
After the inventory, the subsequent step is the determination of peatland functions. To determine peatlands with the protection function, several criteria need to be
observed, namely: (a) the minimum depth of 3 m, (b) located within protected areas,
protected forests, and conservation forests, and (c) peatlands already designated to
undergo the moratorium of utilization. Peatlands with the protection function have to
be at least 30% of the entire peatland hydrological unit, of which location starts from
one or more peaks of peat domes. Meanwhile, peatlands with utilization function are
those not included in the peatlands with protection function (arts. 9–10).
The MoEF Regulation Number 14 of 2017 also states that peatlands with utilization function can be converted into those with protection function with the following
criteria: (i) Peatlands with a minimum depth of 3 m, peatlands in protected areas,
protected forests, and conservation forests, and peatlands already designated for the
moratorium of utilization; (ii) There is an ecological need to undertake measures
to prevent or recover environmental damage in peatlands, (iii) There is a need to
preserve peatlands in provinces or districts/municipalities, and (iv) The existence of
protected species or area in an area beyond 30% of the total area of peat hydrological
unit (art. 16).
The MoEF Regulation Number 14 of 2017 requires permit holders to revise their
Rencana Kerja Umum (RKU, literally means General Operational plan), Operational
plan Document, Management Plan Document to conform with the MoEF Regulation.
They must also submit the proposal to change their environmental permit due to
changes in peatland functions (art. 21). The permit holders whose more than 40%
of their working area have been designated as peatland with protection function can
apply for a land-swap, that is, the new area from mineral land allocated to compensate
the “lost” area resulting from changes in peatland functions (art. 22).