Local policy-making mechanisms - Forest Climate Center

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Local Policy-making MechanismsProduction Originating from Privately OwnedLand.28A provision that burdens the communitywith taxation and sanctions must be based on ajoint decision by the District Head and districtparliament in the form of a district regulation,not a decree. For that reason, decisions madeunilaterally through a District Head’s decreealone cannot be justified.29See and compare with Article 3 of ForestryLaw No. 41/1999, which elaborates the purposeof forest management in Indonesia includingincreasing public welfare by: (a) ensuring theexistence of the forests; (b) optimizing thevarious functions of the forest (environment,socio-cultural and economic); (c) increasingsupport for rivers; (d) developing capacity andcommunity empowerment; and (e) ensuringfair and sustainable distribution of benefits.30As prescribed by Article 110 of Law No.22/1999, which states, ‘The district governmentor third parties that plan to develop the villagearea into an area for settlement, industry orother services are obliged to involve the villageauthorities and BPD in planning, execution andmonitoring’.31As prescribed by Article 18 (4,5) of LawNo. 34/2000.32Article 3 (1b) and Article 4 (1 and 2) ofDistrict Regulation on IPHH.33See Article 3 (4i) of GovernmentRegulation No. 25/2000 and the Minister forForestry’s Decree No. 10/Kpts-II/2000 onGuidelines for Granting Industrial TimberPlantation Permits (HTI), which states: ‘inthe event that the proposed area for IPHH(and location for timber plantation) is locatedin between or among more than one district/municipality, then the permit application mustbe addressed to the Governor’.34Articles 14 (3), 15 and 16 of DistrictRegulation IPHH.35Law 34/2000 and Law 18/1997.36Illegal logging is prohibited by Article 50(3) of Basic Forestry Law No. 41/1999.37District Regulation No. 13/2002 onIPHH: Article 10 (1), Art. 11 (4), Art. 12, Art.14 (3), Art. 15 (1) and (2)).38Article 16 of the District Regulationon IPHH states that violations of theseresponsibilities may be punished throughcriminal, civil (compensation), andadministrative sanctions.39It is prohibited to: (a) illegally claimforest areas; (b) clear forest areas; (c) conductlogging activities within a radius of 500 m ofthe edge of a dam or lake, 200 m from the edgeof water sources or rivers in swamp areas, 100m from river banks, 50 m from the edge ofstreams, twice the height of cliffs; 130 times thedifference between the high water mark and thelow water mark from the edge of a beach. It is arealso prohibited to: (a) burn the forests; (b) cut,harvest or extract forest products without legalpermits; (c) accept, buy or sell, trade in, store orown forest products that are supposedly knownto have originated from illegal activities; (d)conduct general investigations, or explorationor exploitation of minerals in the forest areaswithout permission; (e) transport, control orown forest products that do not carry legaldocumentation; (f) graze animals in the forestarea without permission; (g) transport heavymachinery or other tools that may be used totransport timber without permission; (h) carrytools that may be used to cut down trees in theforest without permission; (i) throw away itemsthat may cause fire and damage the forest, alsoendangering the existence of the forest; and(j) transport vegetation and unprotected wildanimals from the forest without permission.40Article 26 of Tanjabbar District ParliamentDecision No. 2/2002 on the Standing Ordersof the District Parliament of Tanjabbar. TheStanding Orders stipulate that in order topropose a draft regulation: (1) at least fivemembers of the district parliament must proposea draft regulation to the Parliament Speaker;(2) in the plenary session, the initiators aregiven the chance to explain their proposal; (3)the parliament will decide either to accept orreject the proposal; (4) pending the decision toaccept or reject the proposal, the initiators maymake revisions; (5) after being accepted bythe assembly, the proposal officially becomesan assembly proposal and follows the same40
Sudirman, Dede Wiliam and Nely Herlinaprocedures as draft regulations proposed by theDistrict Head.41See also papers written by Fauzi Syam,PSHK-ODA entitled: Partisipasi publik terhadapkebijakan publik di propinsi Jambi (Publicparticipation in public policies in Jambi) (2002);Demokratisasi pembuatan peraturan daerah dipropinsi Jambi: upaya mewujudkan hukumyang aspiratif dan berwibawa (Democraticformulation of regional regulations in Jambi)(2000); ‘Increasing public participation in localpolicymaking (2000) and other relevant paperspresented to seminars and workshops in JambiProvince.42Partial adjustment meansuninstitutionalized adjustment (not formulatedin the district regulations). In practice, this typeof adjustment can be seen through the additionof expert staff in the District Legal Bureau(e.g., in Jambi and Tanjabbar), consultationwith the legal division from the Department ofHome Affairs, additional stakeholders in thedeliberations at the parliament, and involvingparliament members in the formulation withthe legal division. These adjustments areincidental depending on the draft regulationbeing deliberated; it is unclear whether theyshould be formulated under a new DistrictHead’s decree or still be based on a decreeissued during 1993–1994. In reality theseadjustments develop through practice.43The adoption of district regulationsformulated in other districts is a newphenomenon in Jambi. At the Executive level,official visits are made to other districts inorder to collect copies of regulations. TheDistrict Parliament, on the other hand, conductscomparative studies. The visits, however,usually neglect the issue of legal protectionto the community and are detrimental to thedevelopment of local laws as the regulationsformulated by other districts might not beappropriate to the situation in Tanjabbar.44Deliberations for the bill on IPHHI hadbeen conducted earlier, with 38 other draftsthat were finalized on 26 May 2001.45See Annex 1 for a full list of the other 14drafts deliberated at this time.46Muspida is a forum to discuss problemsand issues in the district. It usually consistsof representatives of the security agencies,senior civil servants, the leadership of thedistrict parliament and representatives of socialorganizations.47Those absent from this session accordingto the list of invitations: four district officeheads, one division head, seven districtcompany directors, and three district forummembers.48The Special Committee of the DistrictParliament was established under the DistrictParliament Leader Decree No. 12/2002 and iscomposed of 22 members.49As prescribed in District RegulationIPHH Article 5 as well as Articles 2 and 3 ofDistrict Head’s Decree No. 189/2003.50Applying through the Economic Section atthe District Head’s Office prolongs the process.This mechanism opens up the opportunity forsome district officials to increase the ‘servicefees’ and for applicants to make use of serviceagents.51District Head’s Decree No. 189/2003,Article 3 (2).52As mandated by Law No. 22/1999, LawNo. 41/1999, Law No. 34/2000 and Law No.18/1997.53See also Anonymous (2002a).54The district is authorized to collecta local fee (RHH) for small-scale permits(IPHHKR/IPHHKT/IPHH), Forest ResourceRent Provision (PSDH) and RHH on smallscalepermits inside the state forest area, andon Industrial Timber Plantations/HTI.55See also Anonymous (2002b).56In accordance with Jambi Governor’sDecree No. 522.12/5100/Dinhut, dated 3September 2002.57See also Anonymous (2002c).58From a legal perspective, the Joint Decreeof the two District Heads cannot be justified.Any policies that may burden the communitythrough taxation must be formulated by thelocal government and local parliament.59Issued by the National Land Agency(BPN).41
Page 1 and 2: Case Studies on Decentralization an
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Page 13 and 14: 1INTRODUCTION1.1 BackgroundIndonesi
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Page 55 and 56: 8REFERENCESAnonymous 1999 Surat Kep
Page 57 and 58: 9ANNEX 1. INTRODUCTORY NOTES OF PLE
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