A rough guide to developing laws for regional forest management

A Rough Guide to Developing Laws for Regional Forest Management
Jason M. Patlis
This paper is meant to guide decision-makers
first in the decision whether to even undertake a
new law, and then, assuming such a decision is
made, how to do it. It is important to recognise
that in many cases, once decision-makers begin to
analyse the issues in developing a new law, they
may find that a new law may not be the best course
of action. They my find that better implementation
of an existing law is a more favorable course of
action.
If a new law is in fact the best course of action,
this paper provides a rough guide for districts and
municipalities to develop legislation. It first describes
some of the basic responsibilities of district and
municipal governments. Next, it describes some of
the more important principles that should be applied
in lawmaking and identifies some feasible
mechanisms to implement those principles as well
as some alternatives that are easy and effective. A
district or municipal government should be
encouraged to develop additional alternatives that
may be better suited to its own circumstances. The
alternatives presented in this paper are not the only
ones that exist; they are simply examples. In addition,
these alternatives should not be considered mutually
exclusive of each other; often, several alternatives
are best combined. And sometimes alternate
mechanisms don’t exist. This paper is meant to serve
as a point of departure for decision-makers to craft
their own decisions that they find most suitable.
While sections of this paper may give the
impression that there is only one approach to
lawmaking, there is not. Lawmaking is a living,
dynamic process that will vary among jurisdictions,
among regions, among subjects, and among individual
decision-makers. While there certainly are better and
worse ways, there is no one right way. Law is more a
process than a product. It not only the substance of
new laws, but it is the procedure by which those
laws are conceived, drafted, socialised, enacted, and
finally implemented and enforced. It is an evolution
of thought as to how government and civil society
interact with one another.
This paper is intended to be used as a guide
primarily for regional government officials,
representatives of non-government organisations, and
other stakeholders, particularly at the regional level.
The author hopes that decision-makers will find this
report a valuable contribution to their efforts to
reform the legal framework at both the central and
regional levels in order to more sustainably manage
the forests of Indonesia.
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