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40 forest certification in developing and transitioning countries 4 The government of Indonesia through the State Ministry of Agraria Affairs/National Agrarian Board issued ministerial decree No. 5 Year 1999 on Guideline of Resolving Adat Land which highlights the principle of determining adat land (ulayat) and its claim implementation. This was introduced through Peraturan Menteri Negara Agraria/ Kepala Badan Pertanahan Nasional No. 5 Tahun 1999 Tentang Pedoman Penyelesaian Masalah Hak Ulayat Masyarakat Hukum Adat. Under the current legal structure, the ministerial decree does not have any teeth to enable implementation at the local government level. Since 1995, however, the government has encouraged local populations to take a more active role in forest management and the establishment of social forestry programs. This was supported by a decree in 1998 that authorised communities to undertake timber harvesting through cooperatives. Another similar programme is the Management of Forest Production by Traditional Societies, which involves nongovernment organizations (NGOs) working in partnership with local communities. Although not comprehensive, the new Forestry Law of 1999 does define some aspects of the property and other rights of local communities with regard to forestland. It defines a customary forest (hutan adat) as a state forest on the territory of a customary society (masyarakat adat) and acknowledges community rights ‘as long as they are evidently in place and their presence is acknowledged and as long as their rights do not conflict with national interests’. Peraturan Menteri Negara Agraria/Kepala Badan Pertanahan Nasional No. 5 Tahun 1999 tentang Pedoman Penyelesaian Masalah Hak Ulayat Masyarakat Hukum Adat. out land to be set aside as state forest and the purposes for which that forest land will be put aside. However, customary rights are given more emphasis in the 1999 Forestry Law (Kartawinata et al. 2001) although the government has been relatively powerless to enforce ownership rights and defend the legal status of forests. 4 The lack of provision for the rights of local communities has resulted in many conflicts between local communities and concession holders. The prevailing conflict over land tenure suggests that the existing laws and regulations mentioned above have not clearly recognized the community land tenure and ownership system. In principle, all land and forests without formal ownership are owned by the state (Ruwiastuti 2000; Bachriadi et al. 1997). There are strong similarities between the Indonesian forestland ownership system and that of Malaysia (see Malaysia case study by Shahwahid, this volume). The rights of communities that have traditionally lived in and around the forests have been neglected or overruled. Officially there is a HKM (Hutan Kemasyarakatan/community forestry) program, which commenced in 1998 by the Ministry of Forestry. HKM was designed to provide communities with access to state lands for planting trees (usufruct rights). However, HKM is not effective because it presents communities with serious administrative and procedural difficulties such as requiring them to obtain the legal status of forest management unit/community organization. Moreover, HKM regulations did not set out clearly who has authority to issue permits. In response to these difficulties, the HKM regulation was revised; however, instead of improving matters, procedures were made even more complicated, rendering HKM a failure. Markets The average log production (round wood) for the past 7 years, whether from HPH, HTI, private forests or other sources, has only been capable of supplying a small percentage of overall domestic demand. For example, in 2001, these sources only supplied 37 percent of industrial raw material needs. The percentage of log production coming from natural forests using selective cutting decreased from 72 percent to 18 percent over the last seven years, while production from conversion forests increased significantly in the late 1990s, but has subsequently declined. Detailed figures are given in Table 2. Forest products (plywood, sawn timber) are mainly exported to Asian countries such as Japan, Singapore, Taiwan, Hong Kong, China, and South Korea. yale school of forestry & environmental studies
forest certification in indonesia 41 Table 2 Log production by sources Year Natural* % Conversion % Forest % Private % Total Forest Forest (m 3 ) Plantation Forest (m 3 ) (m 3 ) (m 3 ) (m 3 ) 2001 1,809,099 18.0 2,323,614 23.1 5,918,766 58.9 0 0.0 10,051,479 2000** 3,450,133 25.0 4,564,592 33.1 5,294,604 38.4 488,911 3.54 13,798,240 1999/2000 10,373,932 42.2 7,271,907 29.6 6,019,107 24.5 895,371 3.6 24,560,317 1998/1999 10,179,406 53.5 6,056,174 31.8 2,162,546 11.4 628,818 3.3 19,026,944 1997/1998 15,821,397 53.6 10,162,081 34.4 2,247,190 7.6 1,289,654 4.4 29,520,322 1996/1997 15,268,135 58.6 8,021,329 30.8 2,097,812 8.0 682,006 2.6 26,069,282 1995/1996 16,943,933 68.2 5,398,196 21.7 2,383,049 9.6 124,883 0.5 24,850,061 1994/1995 17,308,737 72.0 4,708,697 19.6 1,871,737 7.8 138,106 0.6 24,027,277 Source: Forestry Statistics of Indonesia, Ministry of Forestry 2001 * Annual production from TPTI (Tebang Pilih Tanam Indonesia/Indonesian Selective cutting and Planting System) **Data from April to December 2000 Other destinations include the European countries (UK, Netherlands, Belgium, Italy) and the USA and Canada. During the last 10 years, the export of plywood from Indonesia to North America and Europe decreased significantly, while that to Asia and Middle East remained healthy until 1996, when exports began to decline. These details are shown in Table 3. Table 3 Export destination and revenue from sawnwood and plywood Year Product USA & Europe & Far East Mid East Others Total Value (US$) Canada UK (ASIA) (m 3 ) (m 3 ) (m 3 ) (m 3 ) (m 3 ) (m 3 ) 1991 Sawnwood 0 117 12,403 659 0 13,179 14,637,289 Plywood 875,117 849,590 6,251,499 677,056 306,074 8,959,336 3,161,150,098 1992 Sawnwood 40 14 308 0 0 362 539,212 Plywood 1,014,941 1,079,678 6,486,665 802,817 313,289 9,697,390 3,520,445,420 1995 Sawnwood 0 0 795 0 0 795 2,047,051 Plywood 698,261 744,420 4,022,451 619,693 2,254,000 8,338,825 3,854,178,215 1996 Sawnwood 0 0 60 0 0 60 849,586 Plywood 912,581 852,341 5,089,192 656,879 1,855,580 9,366,573 4,429,477,446 2000 Sawnwood 218 3,594 6,061 0 0 9,873 40,524,111 Plywood 188,466 419,824 2,265,588 191,050 31,316 3,096,244 881,000,321 2001 Sawnwood 1,385 0 10,929 0 0 12,314 5,190,000 Plywood 128,881 9,930 492,720 85,116 3,052 719,699 315,210,000 Source: Forestry Statistics 1992-2001, Ministry of Forestry yale school of forestry & environmental studies
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Page 5 and 6: Table of Contents foreword 1 James
Page 7 and 8: foreword 1 Foreword James Gustave S
Page 9 and 10: acknowledgements 3 Acknowledgements
Page 11 and 12: acknowledgements 5 We are also grat
Page 13 and 14: introduction 7 Introduction: Forest
Page 15 and 16: introduction 9 Figure 1 Number of h
Page 17 and 18: introduction 11 Following this sect
Page 19 and 20: introduction 13 Members play an imp
Page 21 and 22: introduction 15 Pan-European Forest
Page 23 and 24: introduction 17 Table 1 Different c
Page 25 and 26: introduction 19 These also happen t
Page 27 and 28: introduction 21 While it proved rel
Page 29: introduction 23 Luthiers Mercantile
Page 33 and 34: egional overview: asia-pacific 27 i
Page 35 and 36: egional overview: asia-pacific 29 W
Page 37 and 38: Forest certification itself comes w
Page 39: forest certification in indonesia 3
Page 42 and 43: 36 forest certification in developi
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forest certification in malaysia 91
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forest certification in papua new g
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forest certification in estonia 173
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conclusion 561 Conclusion Benjamin
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conclusion 563 considerable and gro
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conclusion 565 to participate in a
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conclusion 567 despite their strong
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conclusion 569 Country Dominant for
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conclusion 571 While forest certifi
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conclusion 577 Sub-Saharan Africa T
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conclusion 579 culminating in LEI
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conclusion 581 spending more time o
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conclusion 583 supervision and moni
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conclusion 585 previously weak oper
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conclusion 587 notes that certifica
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conclusion 589 operations, which of
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conclusion 591 This volume has reve
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author biographies 593 Author Biogr
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author biographies 595 Gerard Boutt
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author biographies 597 Fred Gale le
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author biographies 599 both from Co
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author biographies 601 Markets: For
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author biographies 603 Lifetime Ach
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Yale School of Forestry & Environme
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