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Decentralization of Forest Administration in Indonesia, Implications ...

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12<br />

<strong>Forest</strong>s and <strong>Decentralization</strong> <strong>in</strong> <strong>Indonesia</strong>: an Overview<br />

logg<strong>in</strong>g and forest conversion permits, someth<strong>in</strong>g they had not been able to do s<strong>in</strong>ce<br />

the early years <strong>of</strong> the New Order regime. These permits were <strong>of</strong>ten issued <strong>in</strong> areas<br />

that directly overlapped with timber concessions that had earlier been allocated by<br />

the central government, or with<strong>in</strong> the boundaries <strong>of</strong> national parks and protected<br />

areas. District governments – and, to a lesser extent, prov<strong>in</strong>cial governments – also<br />

adopted regulations requir<strong>in</strong>g timber companies and wood process<strong>in</strong>g <strong>in</strong>dustries to<br />

pay a variety <strong>of</strong> new taxes and fees, <strong>in</strong> addition to those required by the national<br />

government. Many districts and prov<strong>in</strong>ces also entered <strong>in</strong>to a very public and <strong>of</strong>ten<br />

acrimonious dialogue with national policymakers over how the country’s Reforestation<br />

Fund and other forestry-related fees should be shared among the different levels <strong>of</strong><br />

government.<br />

In part, these efforts were driven by the fact that <strong>Indonesia</strong>’s new laws on<br />

regional governance and fiscal balanc<strong>in</strong>g created expectations (perhaps overstated)<br />

that district governments would need to generate a larger share <strong>of</strong> their own revenues<br />

<strong>in</strong> order to replace fiscal allocations that had previously come from the center. More<br />

significantly, perhaps, many district governments were motivated by a desire to<br />

establish district revenue flows that are <strong>in</strong>dependent <strong>of</strong> Jakarta (World Bank 2003).<br />

This desire was particularly strong <strong>in</strong> relation to timber and other natural resources. As<br />

the fervor <strong>of</strong> regional autonomy spread, district <strong>of</strong>ficials expressed <strong>in</strong>dignation over<br />

the fact that most <strong>of</strong> the benefits from <strong>Indonesia</strong>’s forests had been appropriated by<br />

national stakeholders dur<strong>in</strong>g the Soeharto era; and they argued that their own efforts<br />

to redirect those benefits to district stakeholders was simply a long-overdue effort to<br />

rectify this historical <strong>in</strong>justice. On a more personal level, many district <strong>of</strong>ficials also<br />

clearly seized the opportunity to secure substantial <strong>in</strong>formal pr<strong>of</strong>its from forestry and<br />

plantation companies – an opportunity that was largely denied to them dur<strong>in</strong>g the<br />

New Order period.<br />

The assertion <strong>of</strong> adm<strong>in</strong>istrative control over forests by district governments<br />

has been accompanied by a sharp resurgence <strong>of</strong> tenure claims by people liv<strong>in</strong>g <strong>in</strong><br />

and around forested areas. Such claims have been made by a wide variety <strong>of</strong> actors,<br />

rang<strong>in</strong>g from s<strong>in</strong>gle households and farmer cooperatives to whole villages and, <strong>in</strong><br />

some cases, <strong>in</strong>dividuals or organizations claim<strong>in</strong>g to represent entire ethnic groups.<br />

The types <strong>of</strong> claims, and the basis on which they have been articulated, has been<br />

equally varied. In most cases, however, they have <strong>in</strong>volved some reference to adat,<br />

or customary law. S<strong>in</strong>ce 1999, many claims <strong>of</strong> this sort have been made by local<br />

actors, with vary<strong>in</strong>g degrees <strong>of</strong> legitimacy, <strong>in</strong> order to secure logg<strong>in</strong>g and/or forest<br />

conversion permits issued by district governments. Indeed, district regulations have<br />

frequently required timber companies to collaborate with local communities (or, at<br />

the very least, with actors claim<strong>in</strong>g to represent those communities) <strong>in</strong> order to obta<strong>in</strong><br />

such permits. In many parts <strong>of</strong> the country, forest communities have also asserted<br />

tenure claims by tak<strong>in</strong>g direct action aga<strong>in</strong>st timber or plantation companies operat<strong>in</strong>g<br />

<strong>in</strong> their areas. Most <strong>of</strong>ten they have done so by block<strong>in</strong>g logg<strong>in</strong>g roads and seiz<strong>in</strong>g<br />

heavy equipment, although at times such actions have led to violent conflicts.<br />

Through their <strong>in</strong>volvement <strong>in</strong> small-scale logg<strong>in</strong>g and forest conversion<br />

activities carried out under district permits, many local communities have obta<strong>in</strong>ed<br />

substantial benefits from forests that were never available to them dur<strong>in</strong>g the Soeharto

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