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A. G. Wibisana and S. N. Setyorini
from the peatland surface be visible within three months after the construction of the
water infrastructures (art. 18 paras. 2 and 3). Information concerning the achievement of these targets should be reported to the director-general, who will accordingly
assess the success of the recovery.
If the recovery is considered wholly or partially unsuccessful, the director-general
shall provide warnings, or take measures according to relevant regulations, or appoint
other parties to recover the functions of the peat ecosystem at the expense of the permit
holders (art. 20).
4. MoEF Regulation Number 17 of 2017
According to MoEF Regulation Number 17 of 2017 the permit holders in the forestry
sector, namely the holders of Timber Forest Product Utilization License in Industrial Timber Estate (IUPHHK-HTI), whose working areas become part of peatland
with protection function shall make adjustment of the spatial planning of the permit
and shall propose the revision of general operational plan. The revisions should be
conducted within 30 working days after the permit holders receive the map of peatland functions. The revisions should also be submitted to the director-general for
consultation and approval (art. 8A).
The map of the peatland function is the basis for determining the spatial planning
of the timber plantation permit. The overlay of the spatial planning within the permit
and the map of peatlands functions will indicate whether peat-domes exist. If there
is peat-dome within the working area, and the area has not been planted, the MoEF
Regulation requires the area be maintained as protected peatlands (arts. 8B and 8C
par. 1). Furthermore, the regulation states that overlay might indicate changes of the
working areas, including changes of areas or plants into peatland with protection
function or peatland with utilization function, as well as changes of protected areas
or protected forest into protected peatlands (art. 8D).
If a change needs to be made in an area already planted, in which the area falls
into the protected peatlands, the permits holders are allowed to cultivate the land for
one cultivation cycle. However, they are prohibited from replanting and are required
to undertake peatland recovery measures (art. 8E par. 1).
The MoEF Regulation Number 17 of 2017 is very important in that it sets forth
detailed provisions on land-swap. In this regard, the Regulation states that the permit
holders of which at least 40% of their working areas are designated as protected
peatlands have the rights to apply for land-swap, that is, replacing land (art. 8G par.
1). It further states that 40% of the replacing land should be allocated for community
management, and 60% for the permit holders (art. 8G par. 2).
Interestingly, the Regulation instructs that timber permits that were issued and had
been implemented prior to the enactment of GR Number 71 of 2014 and GR Number
57 of 2016 be declared valid until the termination date of the permits, subject to the
adjustment of the general operational plan. Meanwhile, the timber permits that had
been issued before the entry into force of the Peatland Regulations, but had not been
in operation, are required to make adjustments for their general operational plan and
to maintain the preservation of hydrological functions of peatlands (art. 23A).
A. G. Wibisana and S. N. Setyorini
from the peatland surface be visible within three months after the construction of the
water infrastructures (art. 18 paras. 2 and 3). Information concerning the achievement of these targets should be reported to the director-general, who will accordingly
assess the success of the recovery.
If the recovery is considered wholly or partially unsuccessful, the director-general
shall provide warnings, or take measures according to relevant regulations, or appoint
other parties to recover the functions of the peat ecosystem at the expense of the permit
holders (art. 20).
4. MoEF Regulation Number 17 of 2017
According to MoEF Regulation Number 17 of 2017 the permit holders in the forestry
sector, namely the holders of Timber Forest Product Utilization License in Industrial Timber Estate (IUPHHK-HTI), whose working areas become part of peatland
with protection function shall make adjustment of the spatial planning of the permit
and shall propose the revision of general operational plan. The revisions should be
conducted within 30 working days after the permit holders receive the map of peatland functions. The revisions should also be submitted to the director-general for
consultation and approval (art. 8A).
The map of the peatland function is the basis for determining the spatial planning
of the timber plantation permit. The overlay of the spatial planning within the permit
and the map of peatlands functions will indicate whether peat-domes exist. If there
is peat-dome within the working area, and the area has not been planted, the MoEF
Regulation requires the area be maintained as protected peatlands (arts. 8B and 8C
par. 1). Furthermore, the regulation states that overlay might indicate changes of the
working areas, including changes of areas or plants into peatland with protection
function or peatland with utilization function, as well as changes of protected areas
or protected forest into protected peatlands (art. 8D).
If a change needs to be made in an area already planted, in which the area falls
into the protected peatlands, the permits holders are allowed to cultivate the land for
one cultivation cycle. However, they are prohibited from replanting and are required
to undertake peatland recovery measures (art. 8E par. 1).
The MoEF Regulation Number 17 of 2017 is very important in that it sets forth
detailed provisions on land-swap. In this regard, the Regulation states that the permit
holders of which at least 40% of their working areas are designated as protected
peatlands have the rights to apply for land-swap, that is, replacing land (art. 8G par.
1). It further states that 40% of the replacing land should be allocated for community
management, and 60% for the permit holders (art. 8G par. 2).
Interestingly, the Regulation instructs that timber permits that were issued and had
been implemented prior to the enactment of GR Number 71 of 2014 and GR Number
57 of 2016 be declared valid until the termination date of the permits, subject to the
adjustment of the general operational plan. Meanwhile, the timber permits that had
been issued before the entry into force of the Peatland Regulations, but had not been
in operation, are required to make adjustments for their general operational plan and
to maintain the preservation of hydrological functions of peatlands (art. 23A).