Local policy-making mechanisms - Forest Climate Center

Sudirman, Dede Wiliam and Nely Herlinathis era. A similar statement was made by theTungkal Ulu Farmer Group/Kelompok TaniTungkal Ulu (Kotalu), Merlung Subdistrict, ina Focus Group Discussion.7From the draft regulation introductorynote presented by the District Head of Tanjabbarto the District Parliament on 16 October 2002and from the introductory considerations ofTanjabbar forestry regulations, we can see thatthe Tanjabbar District Government is persistentin trying to increase its regional income throughthe forestry sector by providing facilitation inacquiring permits. As a consequence, permitapplications can be approved without havingto go through strict procedures.8Clarification of Article 53 of theDraft Law on Legislation approved by theParliament on 6 June 2004 provides room forpublic participation, either in written or verbalform, in the deliberations of draft regulationsin accordance with the Parliament’s StandingOrders.9The creation of this new administrativearea was regulated by Law No. 54/1999 on theFormation of the Districts of Sarolangun, Tebo,Muaro Jambi, and Tanjabtim; see also Law No.14/ 2000 on the amendment of Law No. 54/1999on the Formation of the Districts of Sarolangun,Tebo, Muaro Jambi and Tanjabtim.10See Article 5 of Law No. 54/1999.11See Tanjung Jabung Barat DistrictForestry and Estate Crops Office (2002 p: 4)12Anonymous (1999)13Active concession holders are recordedas HPH PT. Hatma Hutani, HPH PT. RimbaHutani, HTI PT. Wirakarya Sakti and HTI PT.Wana Teladan.14In 2000 oil palm plantations covered40 467 ha of land, increasing to 42 125 ha by2002.15See the Minister of Home Affairs DecreeNo. 119/1998 on Types and Coverage of LocalTaxation for the Provincial Level and the DistrictLevel, Government Regulation No. 62/1998 onthe Transfer of Central Government Authorityon Forestry to the Regional Governments,and Government Regulation No. 25/2000on Provincial Authority as an AutonomousRegion.16In its introductory consideration this lawstipulates that: ‘through the enactment of theMinister for Home Affairs Decree No. 119/1998 on Types and Coverage of Local Taxationfor the Provincial Level and the DistrictLevel, the taxation of by-products from forestutilization is considered as district taxation’.17The implementation of district regulationsdepends on the decree of the District Head: thishas been stated by the District Forestry andEstate Crops Office and clarified by the LegalBureau at the District Secretariat. Accordingto the Head of the Legal Division, DistrictRegulation on IPHHI and RHH cannot beimplemented because they contradict other,higher level regulations such as the MinisterialDecree No. 05.1/Kpts-II/2000 and GovernmentRegulation No. 34/2002 (Hidayat personalcommunication).18As prescribed by MPR Decree No. III/MPR/2000.19According to the explanation of Article73 (1) of Law 22/1999.20See Article 72 of Law 22/1999.21Law No. 32/2000: on the Amendment ofLaw No. 18/1997 on Regional Taxation.22This regulation implements Forestry LawNo. 5/1967.23See Article 2 (3) point 4g of GovernmentRegulation No. 25/2000.24The central government’s authority isupheld under the following laws: (1) Law No.20/1997 on Non-Tax State Revenue; (2) LawNo. 25/1999 on Fiscal Balancing; (3) LawNo. 41/1999 on Forestry; and (4) GovernmentRegulation No. 22/1999 on the Types andDeposit of Non-Tax State Revenue.25Based on Government RegulationNo. 25/2000, the authority of the provincialgovernment in the forestry sector includes 18authorities that cover the establishment of forestareas, permit issuance, forest preservation, etc.26See Article 3 (5) point 4j of GovernmentRegulation No. 25/2000.27See District Head’s Decree No. 77/2000on the Natural Resources Rent Provision(Provisi Sumber Daya Alam, PSDA) on Timber39