324
A. G. Wibisana and S. N. Setyorini
As mentioned earlier in section C, Peatland Regulation requires that the water-table
level for peatland utilization function be set no deeper than 0.4 m from the peat
surface. If the level is found to exceed 0.4 m, the peatland is considered to have been
damaged (GR Number 71 of 2014, art. 23 par. 3). Once the peatland is damaged,
the permit holders are obliged to take recovery measures, which will be declared
successful only if, among others, the water-table level is less than 0.4 m from the
surface (MoEF Regulation Number 16 of 2017, art. 18 par. 1).
The requirement of a minimum water-table level has also been fiercely criticized.
For example, scholars argue that the requirement has no scientific basis. It is also
impossible to be implemented, as the requirement could dramatically reduce the
productivity of oil palm plantations (Gor 2017, loc. cit. Sabiham 2016, loc. cit.).
Similarly, Sumawinata, in an interview, argues that the requirement of 0.4 m is an
excessive requirement unlikely to be met since the water-table level could fall below
0.4 m even in health peatlands (Faperta IPB 2017). Rather differently, however,
Rahutomo and Winarna, argue that oil palm productivity is optimal when the watertable level is maintained between 0.4 and 0.6 m from the peat surface (Rahutomo
and Winarna 2017).
However, there is also an opinion arguing the importance of maintaining the
maximum water level at 0.4 m from the surface. In this regard, Page observes a
clear relationship between the water-table level and the drainage, and eventually
with undrained peatlands are indicated by constantly high water-table level, with
levels following an annual cycle that involves flooding or near-surface water levels
during the wet season and drawdown during the dry season usually to between 20
and 40 cm below the peat surface (Cochrane (ed) 2009, p. 269). Drainage lowers
the water-table level, which not only promotes oxidation of the organic peats, the
release of CO 2 emissions, and the subsidence of peat surface but more frighteningly
also increases the risk of fires since drainage provides an abundant fuel of dry peat
(Ibid. pp. 269–270).
More importantly, Wösten, et al. argue that when the water-table level drops
below 40 cm from the surface, the moisture content of peat top layer decreases, and
hence making peat vulnerable to fire. Furthermore, the initial fire could increase
temperature and humidity on the one hand, and decrease soil moisture on the other,
which eventually lead to the increased susceptibility of peatlands to subsequent fires
(Wösten et al. 2008, op. cit. p. 216–217). Similarly, Susilo et al. argue that the watertable level cannot be lower than 40 cm below the surface. They observed that if the
water-table level falls below 40 cm, the moisture content decreases drastically. The
drop in the moisture of peatlands is likely to lead to wildfires on peatlands as the dray
peat soil will facilitate the fire to spread rapidly (Susilo et al. 2013, p. 124). Shortly,
as Nazir Foead, the head of BRG, puts it, data from previous fires indicates that the
peak of the number of fires is reached when the water-table level was below 0.4 m
(Afrianto 2017).
This chapter suggests that from a legal perspective, the required water-table level
of 0.4 m is justifiable based on the precautionary principle. According to Principle
15 of the Rio Declaration, “[i]n order to protect the environment, the precautionary
approach shall be widely applied by States according to their capabilities. Where there
A. G. Wibisana and S. N. Setyorini
As mentioned earlier in section C, Peatland Regulation requires that the water-table
level for peatland utilization function be set no deeper than 0.4 m from the peat
surface. If the level is found to exceed 0.4 m, the peatland is considered to have been
damaged (GR Number 71 of 2014, art. 23 par. 3). Once the peatland is damaged,
the permit holders are obliged to take recovery measures, which will be declared
successful only if, among others, the water-table level is less than 0.4 m from the
surface (MoEF Regulation Number 16 of 2017, art. 18 par. 1).
The requirement of a minimum water-table level has also been fiercely criticized.
For example, scholars argue that the requirement has no scientific basis. It is also
impossible to be implemented, as the requirement could dramatically reduce the
productivity of oil palm plantations (Gor 2017, loc. cit. Sabiham 2016, loc. cit.).
Similarly, Sumawinata, in an interview, argues that the requirement of 0.4 m is an
excessive requirement unlikely to be met since the water-table level could fall below
0.4 m even in health peatlands (Faperta IPB 2017). Rather differently, however,
Rahutomo and Winarna, argue that oil palm productivity is optimal when the watertable level is maintained between 0.4 and 0.6 m from the peat surface (Rahutomo
and Winarna 2017).
However, there is also an opinion arguing the importance of maintaining the
maximum water level at 0.4 m from the surface. In this regard, Page observes a
clear relationship between the water-table level and the drainage, and eventually
with undrained peatlands are indicated by constantly high water-table level, with
levels following an annual cycle that involves flooding or near-surface water levels
during the wet season and drawdown during the dry season usually to between 20
and 40 cm below the peat surface (Cochrane (ed) 2009, p. 269). Drainage lowers
the water-table level, which not only promotes oxidation of the organic peats, the
release of CO 2 emissions, and the subsidence of peat surface but more frighteningly
also increases the risk of fires since drainage provides an abundant fuel of dry peat
(Ibid. pp. 269–270).
More importantly, Wösten, et al. argue that when the water-table level drops
below 40 cm from the surface, the moisture content of peat top layer decreases, and
hence making peat vulnerable to fire. Furthermore, the initial fire could increase
temperature and humidity on the one hand, and decrease soil moisture on the other,
which eventually lead to the increased susceptibility of peatlands to subsequent fires
(Wösten et al. 2008, op. cit. p. 216–217). Similarly, Susilo et al. argue that the watertable level cannot be lower than 40 cm below the surface. They observed that if the
water-table level falls below 40 cm, the moisture content decreases drastically. The
drop in the moisture of peatlands is likely to lead to wildfires on peatlands as the dray
peat soil will facilitate the fire to spread rapidly (Susilo et al. 2013, p. 124). Shortly,
as Nazir Foead, the head of BRG, puts it, data from previous fires indicates that the
peak of the number of fires is reached when the water-table level was below 0.4 m
(Afrianto 2017).
This chapter suggests that from a legal perspective, the required water-table level
of 0.4 m is justifiable based on the precautionary principle. According to Principle
15 of the Rio Declaration, “[i]n order to protect the environment, the precautionary
approach shall be widely applied by States according to their capabilities. Where there