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A. G. Wibisana and S. N. Setyorini
2. MoEF Regulation Number 15 of 2017
The MoEF Regulation Number 15 of 2017 addresses procedures for measuring the
water-table level at the point of observation or compliance. The point of compliance
is one or more locations used as the basis for carrying out the measurements of
the water-table level in peatlands. This measurement constitutes a control point for
supervision, set at least 15% of the total number of trees or production blocks and
located in the middle of the crops or production block (art. 2).
The measurement of the water-table level in peatlands is conducted to determine
whether damage has occurred in peatlands (art. 4 par. 1). The measurement should
take into account the location, coordinate, and elevation of the points of compliance,
the water-table level, the precipitation data, the time and date of measurement, and
the rate of peat subsidence (art. 5 par. 1). Furthermore, the analysis of the watertable level will be used as the basis for the government to conduct supervision, to
issue orders to permit holders to undertake recovery measures, and to evaluate the
functions of peatlands (art. 10).
The MoEF Regulation Number 15 of 2017 also sets forth the responsibility of
permit holders to revise their general operational plan, operational plan document,
and management plan document, and to apply for a revision of environmental permit
accordingly (art. 13).
3. MoEF Regulation Number 16 of 2017
The MoEF Regulation Number 16 of 2017 is perhaps the most important one, with
respect to the recovery of peatlands. The Regulation aims to provide technical guidance on the recovery of peatlands (art. 2). The recovery measures are carried out
for peatlands, in both protection and utilization functions, that have been degraded
(art. 3). In case of a peat-dome is located within a concession area that has not
been utilized, the permit holders shall maintain the peat-dome as protected peatland.
However, if the area has been utilized, the permit holders are still allowed to cultivate
the crops in one cultivation cycle. Afterward, the permit holders are prohibited from
replanting the area on the one hand, and are obliged to undertake peatland recovery
through the construction of canal blocking and natural succession on the other hand
(art. 4).
It is important to note that the MoEF Regulation Number 16 of 2017 divides the
responsibilities to conduct peatland recovery according to whether the peatland has
been allocated for permits. In this regard, government agencies, that is, the MoEF
and local governments, are responsible for the recovery of peatland located in an
area that has not been allocated for permits. Specifically, the MoEF is responsible
for the recovering of peatlands located within conservation forests area. The local
governments are responsible for the recovery of peatlands located in a protected
forest, production forest, forest parks, and other areas as long as they have not been
allocated for permits. These areas include areas controlled by the forest-dependent
community or indigenous people. Meanwhile, the permit holders are responsible
for the recovery within their working area and are required to conduct recovery
A. G. Wibisana and S. N. Setyorini
2. MoEF Regulation Number 15 of 2017
The MoEF Regulation Number 15 of 2017 addresses procedures for measuring the
water-table level at the point of observation or compliance. The point of compliance
is one or more locations used as the basis for carrying out the measurements of
the water-table level in peatlands. This measurement constitutes a control point for
supervision, set at least 15% of the total number of trees or production blocks and
located in the middle of the crops or production block (art. 2).
The measurement of the water-table level in peatlands is conducted to determine
whether damage has occurred in peatlands (art. 4 par. 1). The measurement should
take into account the location, coordinate, and elevation of the points of compliance,
the water-table level, the precipitation data, the time and date of measurement, and
the rate of peat subsidence (art. 5 par. 1). Furthermore, the analysis of the watertable level will be used as the basis for the government to conduct supervision, to
issue orders to permit holders to undertake recovery measures, and to evaluate the
functions of peatlands (art. 10).
The MoEF Regulation Number 15 of 2017 also sets forth the responsibility of
permit holders to revise their general operational plan, operational plan document,
and management plan document, and to apply for a revision of environmental permit
accordingly (art. 13).
3. MoEF Regulation Number 16 of 2017
The MoEF Regulation Number 16 of 2017 is perhaps the most important one, with
respect to the recovery of peatlands. The Regulation aims to provide technical guidance on the recovery of peatlands (art. 2). The recovery measures are carried out
for peatlands, in both protection and utilization functions, that have been degraded
(art. 3). In case of a peat-dome is located within a concession area that has not
been utilized, the permit holders shall maintain the peat-dome as protected peatland.
However, if the area has been utilized, the permit holders are still allowed to cultivate
the crops in one cultivation cycle. Afterward, the permit holders are prohibited from
replanting the area on the one hand, and are obliged to undertake peatland recovery
through the construction of canal blocking and natural succession on the other hand
(art. 4).
It is important to note that the MoEF Regulation Number 16 of 2017 divides the
responsibilities to conduct peatland recovery according to whether the peatland has
been allocated for permits. In this regard, government agencies, that is, the MoEF
and local governments, are responsible for the recovery of peatland located in an
area that has not been allocated for permits. Specifically, the MoEF is responsible
for the recovering of peatlands located within conservation forests area. The local
governments are responsible for the recovery of peatlands located in a protected
forest, production forest, forest parks, and other areas as long as they have not been
allocated for permits. These areas include areas controlled by the forest-dependent
community or indigenous people. Meanwhile, the permit holders are responsible
for the recovery within their working area and are required to conduct recovery