Local policy-making mechanisms - Forest Climate Center

Local Policy-making Mechanisms2. Is the legal content of the districtregulations consistent vertically (e.g., inline with relevant provincial and nationalpolicies) and/or horizontally (e.g., in linewith other district-level policies). If thereare contradictions, what are they, and whatare their impacts?3. How were these district regulationsformulated and how were local stakeholdersinvolved?4. Have these district regulations been draftedand implemented in line with policymakingprocedures as prescribed by law?These questions were used to determinethe extent to which the District Governmentof Tanjabbar acted within the bounds ofthe legal authority granted to it by the newdecentralization laws. If the government hasacted within its legal vires, the legitimacy of itspolicies and activities cannot be questioned.However, if it has exceeded the authoritygranted to it under the new decentralizedsystem for forest management we can concludethat the new regulations may be subject toannulment by higher authorities (e.g., theMinistry of Forestry) or by judicial review. Forall three studies we analyzed the provisions forimplementation and enforcement and the legalprotection granted to permit holders.We also considered how these policiesconformed with other national/local laws andpolicies. In addition we analyzed the processand techniques used for drafting these legalinstruments in the context of the national lawsand regulations governing policy formulationat the district level.2.3.2 Analysis of the processOur analysis of the mechanisms used and thelegal processes followed in drafting theseforestry regulations was based on the insightsoffered during in-depth interviews with keystakeholders involved in the drafting process,including members of the District Parliament(DPRD) of Tanjabbar, namely its Chair andSecretary. We also met with key officials fromthe provincial and district-level executivebranch of government, including the Governorof Jambi, Head of the Provincial ForestryOffice, District Head of Tanjabbar, Head of theDistrict Planning Board (Bappeda), Head of theDistrict Forestry and Estate Crops Office, Headof the National Land Agency (BPN), and Headof the Legal Bureau (bagian hukum) of theSecretariat of Tanjabbar District Government.2.3.3 Impact Analysis: ResearchLocations, Data Collection andMulti Stakeholder InvolvementSite selection was based on routine discussionsbetween the Study Center for Legislation andPolicy on Regional Autonomy (PSHK-ODA)and the Center for International ForestryResearch (CIFOR) with inputs from WalhiNGO, the Heads of the District Forestry andEstate Crops Office and Bappeda; TanjabbarDistrict was eventually selected. Of thefive subdistricts in Tanjabbar (Tungkal Ulu,Merlung, Tungkal Ilir, Betara and Pengabuan)we decided to focus on two (Merlung andTungkal Ulu) for this study, because thesesubdistricts have the largest forest areas inTanjabbar. From these two subdistricts, fourrepresentative villages were selected (LubukKambing, Lubuk Bernai, Penyabungan andSuban).Four key criteria were used for designatingthese villages as research locations, asfollows:a. Small-scale concession permits issuedby the District Government of Tanjabbar,using its new decentralized authority, werein operation on forest land around thesevillages.b. These villages all experienced directimpacts from the new forestry regulationsgoverning the concessions operating intheir areas.c. There is great potential for conflict overforest resource allocation via the newpermit system in these villages (legal,social, economic etc.).To guide our research activities and ensurethat our findings were locally relevant we6