Tenurial Conflicts on Forest Management Unit (FMU) Development Lessons learned from Rapid Assessment on Production Forest Management Unit (FMU) in Berau Barat and Kapuas Hulu
Tenurial Conflicts on FMU Development Lessons learned from rapid assessment on Production Forest Management Unit in Berau Barat and Kapuas Hulu
Published by: Working Group on Forest-Land Tenure Jalan Nakula Raya, No. 26 PerumIndraprasta - Bogor 16153 Telp.: +62 (251) 8374610 Fax: +62 (251) 8319078 Web site: http://www.wg-tenure.org E-mail: [email protected] First edition, August 2015 ISBN: 978-602-72617-1-6 Authors: Dr. Gamin Dwi Rahmanendra, S.Hut Dr. Deni Bram Asep Yunan Firdaus, S.H, M.H Contributors: Ir. MartuaSirait, M.Sc Ir. Muayat Ali Muhshi Ir. Suwito Edited by: Asep Yunan Firdaus, S.H, M.H Emila Widawati Design and layout by: DidinNatadisastra Printed by:
Acknowledgement We thank God for His blessings that enable us to publish this book. We write this book as part of learning instruments on forest tenurial issues to be considered in establishing effective and efficient forest management through Forest Management Unit (KPH) in Indonesia. We thank assessors for conducting the field assessment. We are indebted to Ir. Hamzah, MSi (Head of Production Forest Management Unit Berau Barat and staff) and Welli Aswar, S.Hut (Head of Production FMU Kapuas Hulu and staff) for all support during the assessment. Positive feedbacks and cooperation of the villagers from the 10 sites where we carried out the assessment were fully appreciated. This work would not have been possible without their support. We are grateful for the generous financial support from FGP GIZ to publish this book. Comments and suggestions from the Working Group on Forest-Land Tenure are also fully acknowledged and appreciated. We hope this book can be used as a reference in managing FMU including in tenurial conflict resolution.
FOREWORD Tenurial issues have to be resolved in managing forest area in Indonesia. Often, if not always, conflict occurred due to tenurial issues. Since its establishment in 2001, Working Group on Forest Land Tenure (WG-Tenure) has focused to work on tenure issues in particular to support tenure certainty of indigenous people, local community and other stakeholders that sustain forest ecosystem services and at the same time support the sustainability of forestry sector development. The policy behind FMU establishment by Ministry of Forestry was issued in 2009 and afterwards Tenure Working Group has been working to mainstream tenurial issues as the crucial aspect in FMU development and management. Several activities have been conducted including training on conflict mapping training and rapid land tenure assessment in several FMUs. This rapid assessment was aimed at mapping land tenure issues in FMU of Kapuas Hulu and Berau Barat as well as to be used as supporting material in FMU management plan and facilitate tenurial conflict resolution. This book gives an overview on tenurial issues of FMU management at Production Forest Management Unit Berau Barat, East Kalimantan and Kapuas Hulu, West Kalimantan.
This book also provides a summary of government policies related to tenurial issues and conflict resolution. We hope this book will contribute to existing knowledge in order to establish tenure certainty for related stakeholders under the sustainable forest management.
Bogor, 2015 Working Group on Forest Land Tenure
Dr. Ir. Iman Santoso, MSc.
Foreword Director of Forest Area Planning and Utilization Tenurial conflict is one of obstacles in managing forest area in Indonesia. Tenurial conflict involves community, government, private sector requires a holistic approach so that people can be fully benefited from the forest through increasing the human welfare. Forestry development transformation, which prioritized utilization of biodiversity to develop tangible products, needs a paradigm shifting toward Forest Management Unit. Thus, since 2009 Ministry of Forestry issued a regulation on Establishment of Forest Management Unit to strengthen sustainable forest management. There have been 120 FMUs established in 2014 consist of 80 Forest Production Management Units and 40 Forest Protection Management Units. It is expected that by 2015 all of the FMUs will enter the implementation phase after being established and prepared in 2014. As the forest management unit at site level, FMU has to contribute to both forest utilization and conservation. FMU should be able also to identify stakeholders interests, localize problems and facilitate conflict resolution. However, FMU establishment can also trigger tenurial conflict between community and government. In addition, as the responsible organization at unit level there are challenges that need to be resolved including human resources capacity, facilities and decision making accountability.
The book analyzed the summary of government policies related to land tenure and provided conflict resolutions approach in FMU development. As the institution that focuses on tenure issues, the Working Group on Land Tenure (WG-Tenure) has been using rapid assessment (rapid land tenure assessment) to assess conflict which occurred in FMU West Berau, East Kalimantan and Kapuas Hulu, West Kalimantan. The case study in this book can be used as a learning material for the government and stakeholders, it also serves as a reference that can be replicated in other locations to achieve sustainable forest management
Jakarta, April 2015 Director of Forest Area Planning and Utilization Directorate of Forest Utilization and Production Ministry of Forestry
Ir. Drasospolino, M.Sc
Foreword Good governance determines the establishment of sustainable forest management systems and community welfare. Unequal forest tenure hasbeen an issue in different sectors such as forestry development, sustainable forest management, REDD+ and poverty eradication around the world. In Indonesia, forest land tenure problems have also become a major concernin terms of conflicts within different land use sectors and actors from government, civil society and the private sector as well as hindrances in good governance. The Forest Governance Program (FGP) of GIZ located in Eschborn, Germany, assists on behalf of the German Federal Ministry for Economic Cooperation and Development (BMZ) partner countries intheir efforts to improve institutional, legal and organisational framework conditions (forest governance). FGP aims to increase the effectiveness offorest governance initiatives such as REDD+ and FLEGT and their interfaces. The Forests and Climate Change Program (FORCLIME) of GIZ located in Indonesia, assists the Indonesian Government on behalf of the BMZ in theimplementation of a forest sector reform process at national, provincial and district level (Kalimantan) in order to improve forest governance, manage forests sustainably, reducing emissions from deforestation and forest degradation, conserving biodiversity and improving the livelihoods of forest dependent people. Since 2013, the FGP in cooperation with GIZ FORCLIME has supported the Working Group on Forest Land Tenure (WG-Tenure)with programmes such as “Strengthening and conveying the understanding of land tenure
issues to stakeholders from government, civil society and the private sectorin the forest management Unit (FMU) Berau – East Kalimantan and KapuasHulu – West Kalimantan” and “Mediation approach to promote conflict resolution within forest management at the Forest Management Unit (FMU) ”. At this stage, the FMU establishment has become a priority programof the Indonesian Government aiming at accomplishing good governance inforestry in order to develop an efficient and sustainable forest management system. FGP GIZ is kindly welcoming the published book ‘Lessons Learnedon Tenure Conflicts on Forest Management Unit Development’ by the WG Tenure. The publication of this book is expected to give a positive responseto tenure issues and the resolution of conflicts in the forestry sector. It generally supports the accomplishment of sustainable forest governance processes organised and implemented by the FMU. Eschborn, Germany & Jakarta, Indonesia 2015
GIZ Forest Governance Program (FGP)
GIZ Forests and ClimatChange Program (FORCLIME)
TABLE OF CONTENTS Acknowledgement .............................................................................. iii Foreword ............................................................................................. v Forewordc Director of Forest Area Planning and Utilization, Directorate of Forest Utilization and Production ................................ vii Preface ................................................................................................. ix Table of contents ................................................................................. xi List of figures ....................................................................................... xiii List of tables ....................................................................................... xiv List of abbreviations ........................................................................... xv Executive summary .......................................................................... xvii I. INTRODCUTION ............................................................................... 1 A. Momentous Changes ...................................................................... 1 B. FMU and Forest Management
C. FMU Capacity and authority in forestry tenurial conflict resolution ............................................................................ 8 D. The dynamics of forest tenurail conflict ......................................... 10 E. Rapid assessment of forest tenurial conflict .................................. 12 II. OVERVIEW AND DYNAMIC OF CONFLICT
A. FMU BERAU BARAT ........................................................................ 19 1) Establishment of FMU Berau Barat ............................................... 19 2) Land cover of FMU Berau Barat ..................................................... 22 3) Organisation and facilities of FMU Berau Barat .............................. 23
4) Villages in FMU Berau Barat .................................................. 26 5) Tenurail conflict map of FMU Berau Barat ......................... 28 6) Stakeholders conflict style ..................................................... 30 7) Key findings on forest tenurial conflict of FMU Berau Barat .................................................................................... 31 8) Efforts to resolve conflict ..................................................... 32 B. FMU KAPUAS HULU ........................................................................ 34 1) Establishment of FMU Kapuas Hulu ...................................... 34 2) Land cover of FMU Kapuas Hulu ............................................ 36 3) Organisationd and facilities of FMUKapuasHulu ................... 37 4) Villages in FMU Kapuas Hulu ................................................. 38 5) Tenurail conflict map of FMU Kapuas Hulu ........................... 28 6) Stakeholders conflictstyle ..................................................... 30 7) Key findings on forest tenurial conflict of FMU Kapuas Hulu ........................................................... 31 8) Efforts to resolve conflict ..................................................... 32 III. Lessons learned from rapid assessment of forest tenurial conflict in FMU BERAU BARAT and KPHP KAPUAS HULU ............................ 65 A. Knowledge on Forestry regulations and policies ......................... 66 B. Understanding of Social and Cultural Aspect of the community including customary law and land tenure ..................................... 67 C. Comprehension on Conflict Resolutions ......................................... 68 D. Conflict style (actor, object and supporting data) ......................... 69 E. FMU approach in Conflict Settlement ............................................ 70 Epilog ................................................................................................. 71 STRENGTHENING COMMUNITY PARTICIPATION IN FOREST MANAGEMENT ................................................................................. 71 Reading Material ................................................................................. 85
List of Figures Picture -1 Based on the status of forest ............................................. 3 Picture -2
General Framework ( FMU development, 2011) .............. 5
Picture -3 Forest Tenure in Major Countries in Asia ......................... 11 Picture -4 Assessment Sites ................................................................... 14 Picture -5 Map of FMU Berau Barat .................................................. 21 Picture -6
Organizational Structure KPHP West Berau ..................... 24
Picture -7 Object Land Conflict on location assessment KPHP West Berau ............................................................ 29 Picture -8
Object Land Conflict on location assessment .................. 30
Disputants style of the parties ......................................... 31
Picture -10 Regional Map KPHP Model Office Location KPHP ........................................................ 35 Picture -11 Organization structure of FMU Model of Kapuas Hulu .... 37 Picture -12 Tata Power of land between the State and Society ......... 41 Picture -13 Licensing in the region Kapuas Hulu KPHP....................... 42 Picture -14 Public Participation ladder of Arnstein ............................ 73 Picture -15 Chart Relationship Management Institution Forests Recognition of Community Rights ................................... 77 Picture -16 Amazon Forest Area ........................................................ 81
List of Tables Tabel-1 Model Identification Number KPH Indonesia ........................ 6 Tabel-2 Location Village / Village in Rapid assessment Conflict tenure
Tabel-3 Quick Start Guide Data Collection ........................................ 15 Tabel-4 Regional distribution of the KPH in Berau West ................... 20 Tabel-5 Distribution Region West Berau KPHP in the Region administration ...................................................................... 21 Tabel-6 Land Cover in West Berau KPHP........................................... 23 Tabel-7 HR Support KPHP West Berau .............................................. 24 Tabel-8 Regional Land Cover condition KPHP Kapuas Hulu .............. 36 Tabel-9 HR KPHP Kapuas Hulu........................................................... 37 Tabel-10 List of Forest Exploitation Licensing Around KPHP Kapuas Hulu ........................................................................ 42
Style Analysis Disputants
Budgets and Expenditure Budget
Stabilization hall Forest Area
National Defense Agency
Central Bureau of Statistics
National Forestry Council
Non-Timber Forest Products
Limited Production Forest
Utilization License Timber Forest Products
Cultivation area of Forestry
The Ministry of Forestry
Head of family
Forest Management Unit
Indigenous Forest Management Unit
Village Forest Management Unit
Community Forest Management Unit
Protected Forest Management Unit
Production Forest Management Unit
Regulation of the Minister of Forestry
Rapid Land Tenure Assessment
Long Term Forest Management Plan
Certificate of Land
Vocational High School of Forestry
Presidential Working Unit for Supervision and Control
Regional Technical Implementation Unit
Executive Summary Community right and access over forest and its management are important aspects to be recognized by authorities at local level. Attention has been given by Ministry of Forestry by providing access and right to local community towards forest area and in conflict resolution. Government reassured that community has both right and access to forest resources as the manifestation of the forest for people goal. This pledge was also supported by clear policies issued by the government and the implementation is underway through distribution of forest area to communities. While FMUs are being established to strengthen forest management at unit level, contribute to forest utilization and conservation, it also triggers land tenure conflict. Conflicts will likely to take place when government neglect the social, cultural and customary law existing in community. Land tenure assessment from the two FMUs (Berau Barat, East Kalimantan and Kapuas Hulu, West Kalimantan) showed that there was vertical-open conflict in both FMU and a latent horizontal-open conflict (FMU Kapuas Hulu). Despite conflict situation in these two KPHP, we observed no violence involved which usually characterized a land tenure conflict. This allows stakeholders to immediately open discussion and identify possible conflict resolutions before it is actually happen.
Based on the rapid assessment in these two FMU, we found several key findings including:(a)
Information on the forestry laws and policies
(b) Social and cultural values including customary land tenure and law (c) Knowledge on conflict resolution (d)
Style of conflict (actors, entity and
evidence from related stakeholders) (e) FMU approach in conflict resolution. Conflict resolution that will be implemented, and are being carried out, at these FMUs need to take full consideration from this findings. Hence, support from stakeholders in particular government as the decision making authority, FMU as the responsible authority at site/regional level, indigenous people and local communities surround the forest area and private sectors should discuss a win-win solution for all. Other actors need also to contribute to the processes such as non-government institutions, local or traditional institutions, local government and universities to achieve and ensure fair and justice principle in accommodating stakeholders interest and forest ecosystem conservation.
I. INTRODUCTION A. Momentous Changes In the last three years (2011-2014), discussions on forest tenure issues gained momentum that enable changes in regulations and policies within the Ministry Forestry. Firstly, it was started by an international conference on tenure and forest management in Lombok from 11 -15 July 2011. It has successfully facilitated a dialog between Ministry of Forestry and civil societies. The results were promising since government issued regulation and established working group on macro plan of forest tenurial through Minister of Forestry Decision No.199/2012 which also comprise of NGO representatives. Secondly, Minister of Forestry also issued regulation no. P.33/2012 on revision of Minister Regulation no. P.40/2010 on Ministry of Forestry organization and working procedure that transformed Directorate of Forest Area Establishment and Utilization (Direktorat Pengukuhan, Penatagunaan Kawasan Hutan) to (Direktorat Pengukuhan, Penatagunaan dan Tenurial Kawasan Hutan) with additional responsibility on forest tenurial issues. In addition, Regional Center for Forestry Development Monitoring (Pusat Pengendalian Pembangunan Kehutanan Regional) has also been given additional accountability to facilitate and mediate forest tenurial conflict. In 2013, Memorandum of Understanding concerning Joint Action Plan on Acceleration of Forest Area Establishment in Indonesia signed by 12 ministries and institutions on 11th March 2012 which facilitate Ministry of Forestry conducting a number of policy changes concurrently with other ministries and institutions.
Judicial institution in particular Constitutional Court (Mahkamah Konstitusi) issued number of decisions that encourage changes in forestry policy including Constitutional Court Decision (CCD) No.45 / PUU-IX / 2011 which modified the forest area definition and CCD No. 35 / PUU-X / 2012 concerning theam end mentof customary forest ownership that used to controlled by government as the forest state to be communal forest rights. The fundamental change driven by the Constitutional Court No.45 / PUU-IX / 2011 was facilitating revitalization of forest area establishment through an accelerated processes. In 2009 the forest area establishment was 11%, afterward increased to 59% in 2014. This means 71.9 ha of the total 122.4 1 1
ha forest area has been determined .
According to the Judicial Court Decision No. 35/PUU-X/2012 there was changing of forest ownership by classifying custom forest under a separated forest category. Communal forest situated in customary land and belong to community or indigenous people is acknowledged as communal assets. In addition to re-classify the forest type according to its status, Judicial Court also urges involvement of community in forest determination as part of public control on government.” Word “noticing” in article 4 paragraph 3 of forestry law should be perceived imperatively as government, in determination of forest area, must include community aspiration as part of control on government to ensure accomplishment of citizen constitutional right to live in prosperity both mentally and physically, obtain good and healthy environment, possess private ownership which should not be attained arbitrarily by any party. [Vide article 28 H paragraph (1) and paragraph (4)UUD 1945]”. (MK decision 35/2012, page. 175). 1
Directorate of Planning Agency, Policy changes in Forest Establishment, 2014, Ministry of Forestry presentation during Forest Management Training by The President’s Delivery Unit for Development Monitoring and Oversight (UKP4) on 16 September 2014.
Figure 1. Based on the status of forest
B. FMU and Forest Management The policy changes in forestry as mentioned earlier will influence forest management practices in all forest areas in Indonesia including at unit scale under the accountability of Forest Management Unit. The main duties and functions of forest management unit are 1) to organize forest management including on a) forest administration and developing forest management plan b) forest utilization on license holders monitoring and control c) forest area utilization on license holders monitoring and control d) forest rehabilitation and reforestation e) forest protection and nature conservation; 2) to implement national, province, district/city policies3) to organize forest management at unit level including on planning, organizing, implementing, controlling and monitoring 4) to monitor and assess forest management activities under its territorial unit (FMU development 2011:35) In relation to FMU and community, access issue is one of imperative aspects and need immense attention. The Ministry of Forestry has actually put a considerable effort to provide community access over forest area in order to resolve conflict. The FMU development book published by Ministry of Forestry in 2011, stated that community access on forest resources can cover different practices and typology according to social and cultural circumstances of the community, the history of interaction between community and forest and community expectation to improve economic condition. In context of permit (license) and forest area establishment, the community access cannot be solely approved at FMU level, because the authority is under the central or local government. FMU can facilitate identification of community existence and need on forest resources comprehensively to enable approval of right, license and collaboration.
In addition, conflict resolution and prevention can be also monitored. FMU can also communicate with central or local government to organize the right and access of forest resources (FMU Development, 2011; Minister of Forestry Regulation No. PB3/Menhut/2014).
FMU has a strategic position on forest management in Indonesia. It serves as the authority of forest management at unit scale. In other word, it becomes the frontline in sustainable forest management and enhance human well being. Directorate of Planning Agency believes that FMU can facilitate settlement of current conflicts.
More less 530 FMUs have been established until the end of 2014 where 120 can be used as FMU model which can be run at operational 3
stage (Table -1).
Warta Tenure, Land Tenure Issues: Preparation and Readiness of REDD implementation, 8 edition 2010. 3 Suyanto & Agus, PUSDIKLAT, FMU Development policies, paper presented during training on analysis instrument of land tenure conflict, organized by Working group on Forest Land Tenure, Bogor, 5-9 June 2012.
Table 1. FMU model in Indonesia according to its area
*not including the province of Nanggroe Aceh Darussallam (NAD)
establishment can act as the opportunity to resolve conflict. The reason is because FMU was developed based on local and specific consideration. Thus FMU was established as “non-uniform” systemto suit each unit circumstance. FMU can also facilitate discussion between central, provincial, district/city institution and community since they act as government institution stationed at unit level. Through discussions, each government institution can use the information to develop programs according to their hierarchy (central, provincial, district or city). FMU has to interpret programs of central, provincial, district or city according to site specific and community need. As the organization at unit level, FMU has the “eye and hand” to gather
local potential as well as can map social economic condition of community surround forest.
In addition, FMU can communicate intensively and
interact with community while at the same time find alternative solutions based on community situation. Before FMU was introduced as of one of instruments of forest management that include conflict resolution as part of its development, there have been some frameworks on social forestry developed earlier for example community forestry, village forest and community plantation forest as attempt to settle conflict by providing a greater access to community in forest management. Currently the community involvement in forest management schemes are developing in 3 typology namely: 1.
Small holder forest plantation with ownership scheme;
Communal forest with acknowledgment scheme;
Community Based Forest Management (CBFM), village forest, people plantation or community plantation forest) with empowerment scheme.
A number of laws and policies have been issued to provide the legal basis for community forestry mentioned above, however they were different in sufficiency of policy instrument levels. For example, communal forest scheme has not been equipped with government regulation level consequently the implementation has not been effective. However, village forest and Community Based Forest Management have been supported by operational regulations from law up to ministry regulation. In fact, there have been some administrative decision issued by Minister of Forestry to provide legal permit on CBFM and village forest.
The objective community forestry schemes, according to the government, is to involve community on forest management. In addition, it also aimed at providing law certainty for community to manage and obtain benefit from forest product. In recent context, community forestry is also being used to acquire permit for pilot project of Reducing Emission from 4
Deforestation and forest Degradation (REDD) .
In REDD framework, law
certainty plays an important role especially in determining subject and object of the right. Benefit of carbon sink or storage project cannot be distributed to all people unless they can provide the legal requirements according to regulations. CBFM license holders, village and communal 5
forest management are some of entities that can obtain permit of carbon sink project.
C. Capacity And Accountability Of FMU On Forestry Tenurial Conflict As we stated earlier, the Ministry of Forestry has added the main duties and function of Directorate of Forest Area Establishment, Production and Tenure (article 147 and onward, Minister of Forestry regulation no.33/2012) to conduct study and develop prevention plan on forest tenurial conflict as well as the assignment of Center for Forest Development Control to (article 845 Minister Regulation no.33/2012)
Minister of Forestry regulation no.36/2009 article 21 Unclear status of communal forest thus they cannot obtain permit of carbon sink project 5
to intermediate forest tenurial conflict according to their operational area. The two organizations will surely interact directly with FMU where forest tenurial conflict take place. FMU will be the frontline to deal and prevent the forest tenurial conflict, therefore it must be equipped with: 1)
Human resources capacity to overcome obstacles of tenurial conflict under each unit which include planning up to conflict resolution. Tenurial Working Group (TWG) and Center for Forestry Education, Training and Extension (PUSDIKLAT) are both in charge to prepare sufficient human resource capacity. The institutions have focused the work on trainings and short guidelines development during this 2 years.
Authority to take necessary decisions to provide law certainty as well as offer solutions to satisfy conflicting actors for human welfare and forest resources conservation . This is not an easy task since they were newly develop institutions under the Ministry of Forestry where FMU has been developed earlier to settle forest tenurial at unit scale. In this context, FMU should be seen as a local instrument accountable to resolve conflict according to Law of Social Conflict Resolution no.7/2012 which include natural resources related conflicts (article 5 paragraph d and e, article 8) The two points described above are two sides of the same coin which
interconnected each other since authority can carry out accountability only if sufficient capacity and financial support is provided. These two points will also be the emerging topics in the near future of FMU development.
D. The dynamic of Forest Tenurial Conflict When we look closely at conflict over natural resources including forest, despite the unconfirmed data we suggest that the number was not small. HuMa reported 281 natural resource related conflicts occurred in 26 provinces in Indonesia. The conflict occupied an area of approximately 2.706.725 ha. The number of conflict case from forestry sector, mining and plantation were 32, 23 and 147 respectively (HuMa, 2013). Ministry of Forestry and Statistic Agency (2014) reported 18.000 villages can be found inside forest area. The earlier data from Ministry of Forestry and Statistic Agency in 2007, 2009 stated that 29.000 villages were partially or completely located in forest area. This fact showed an indication of conflicts or potential conflict. National Forest Council (2013), EFI and RECOFTC (2011) stated that 98% of forest area Indonesia is administrated by the state while the people (local/indigenous) only managed 0.18%. Therefore conflict in forest area must be seen as the main variable in FMU management.
Dahal,G et.al, 2011, Forest Tenure in Asia: Status and Trends, paper presented at international conference on tenure and forest management in Lombok from 11 15 July 2011
Figure 3. Forest Tenure in Major Countries in Asia Source : RRI, EFI, REFOCT
In light of the conflict circumstances, FMU needs adequate competency and skill to face, respond and manage conflict and detect potential conflicts under its authority. This is due to successful FMU in facing, responding and managing conflicts and potential conflicts will be the key asset to implement “the mission” to manage forest efficiently and sustainably. In addition, according to Minister of Forestry regulation no. P.42/Menhut-II/2011 on standardization of forestry technic competency in production Forest Management Unit and protection Forest Management unit, in particular for structural positions and head of resort, the requirement is stakeholder management competency which include communication,
management (Ministry of Forestry, FMU related regulations, 2012).
It is also important to recall the basic conceptual of FMU regulation stipulated in Forestry Law no.41/1999 that FMU not only covered Production-FMU, Protection-FMU and Conservation FMU but also Community FMU, Watershed FMU, Communal FMU ( refer to article 17 paragraph 1, Forestry Law no.41/1999). There are enough spaces and opportunities to allow Ministry of Forestry, including FMU, to determine the best solutions according to forest ecosystem condition, social and cultural, economic and community intuitions. Through sufficient competency, FMU will develop a powerful strategy in order to resolve conflicts in its unit as stated by Bokor (2006) that understand conflict is important before we can resolve the conflict effectively. Understanding conflictis important before you can deal with iteffectively. Research tell such that conflict evolves through stages, involves an observable process and has a number of common characteristics. Recognizing and understanding what maybe happening is the first step in resolving the situation effectively. Some conflicts can be avoided entirely, or at least keep frome scalating,if you understand what is happening, your 7
style and attitudes about conflict and its causes .
E. Rapid assessment of Forest Tenurial Conflict Working Group on Forest-Land Tenure (WG-Tenure) has conducted rapid assessments on forest area tenurial conflict which study sites are located in FMU. The instruments used in this study were Rapid Land-Tenure Assessment (RaTA), Conflict Style Analysis (Analisis Gaya Bersengketa, AGATA) and database of natural resources conflict system (sistem Database Konflik SDA ,Huma-win). 7
Bokor, C. 2006. Community Readiness for Economic Development-Resolving Conflict Order, Factsheet No.1, Economic Development Unit.OMAFRA
WG-Tenure in collaboration with GIZ-Forclime, FMU Berau Barat and Kapuas Hulu, carried out rapid assessment to map conflicts and potential conflicts. The objective of Rapid Assessment of Forest Tenurial Conflict is to map forest tenurial conflict at KPHP Berau Barat and Kapuas Hulu in order be used to support FMU in developing its management plan as well as to facilitate conflict resolution. Output from this assessment were as follows: 1) Land tenure mapping to reveal land ownership by community, government, local government and related stakeholder in the FMU area 2) Land allocation identification to enable comparison of land allocation based on land use planning, FMU and local community/indigenous people 3) license identification containing information on the licenses issued at the FMU by central government, local government and community/indigenous people according to local/common law; 4) identification management area of the community in the form of map sketch with villages boundaries delineation. RaTA instrument was deployed as tool to assess, analyze, comprehend, and elaborate the summary a complex land ownership and conflict, also to open pathways to resolve overlapping land tenure. Moreover, Conflict Style Analysis (Analisis Gaya Bersengketa, AGATA) was used to comprehend pattern of conflicting actors to reconcile differences including on conflict and tendencies to settle problems for example mediation, facilitation and other choices.
Data collected during the rapid assessment systematically
documented with HUMawin database. This database can systematically present data according to user need. Rapid assessment was performed at 10 villages which was divided into 5 villages for each FMU namely:
Table 2. Village/kampong sites of rapid assessment on forest tenurial conflict FMU Berau Barat
FMU Kapuas Hulu
Figure 4. Assessment sites
Tabel-3.Summary of data collection guideline No Tools
History /community and indigenous people: The origin of village establishment and important events related to land tenure which influenced livelihood of the community
Social and Resources mapping: • village and settlement boundaries • available natural resources • obstacles related to social and natural resources •Potential economic development;
Tendencies and Changes : • Changes occurred related to community livelihood within a certain time period • Efforts to settle the difficulty and barrier • Changes related to economic condition • Security
Development of model FMU: • area history • vast of FMU area • Establishment documents such decision, local regulation and other documents • Area allocation map
Interview and literature review
Status o f a d m i n i s t r a t i o n , management and licenses : • land tenure pattern of community, FMU and others; • Land/forest management community, FMU and others; • License types as evident of community land ownership (plantation, cemetery etc) • Other licenses in FMU area • Supporting evidence BATB document, forest area establishment, existence of area managed by community etc
Interview and literature review
• Focus Group Discussion (FGD) • Ground survey • literature review (secondary data such as village profile or monography, result from preliminary information)
Stakeholders in the FMU area • What actors are interested in the FMU area? • What programs/projects are carry out in the FMU area • Is there any conflict escalated between or among actors? • In what stage the conflict is ? • Is there any victim in the conflict? • How far the conflict settlement between or among actors? • Is there any land allocation map of each actors?
Interview and literature review
Policies related to FMU management and community access : •Opportunity for management collaboration with community • Opportunity of forest management by community • Conflict resolution
Conflict pattern and conflict settlement: • What actors are involved? • Has women involved in the conflict • history of conflict • How have stakeholders deal with conflict • effort to settle conflict • strategy to resolve conflict
Documentation of result of tenurial conflict study
FGD , Interview and secondary data
Rapid tenurial assessments were carried out on October 2013 at F M U B e r a u B a r a t a n d o n July 2014 at FMU Kapuas Hulu. Member of the assessment team at KPHP Berau Barat were:
1. Dra. DwiSuciana; 2. Dr. Gamin; 3. Arman SH; Assessment team at KPHP Kapuas Hulu were: 1. Dr. Gamin (Trainer of Center for Forest Education and Training in Kadipaten, Widyaiswara BDK Kadipaten) 2. Ir. Dwi Rahmanendra (Trainer of Center for Forest Education and Training, Widyaiswara Pusdiklat Kehutanan); 3. Ir. Budi MSc. (Trainer of Center for Forest Education and Training in Samarinda, Widyaiswara BDK Samarinda); 4. Naldy (Q-Bar, Padang); 5. Mora Dingin (Q-Bar, Padang); 6. Syaifullah, ZA, S.Sos (KawanTani, Lampung); 7. Carolina Astri (Student UGM); 8. Siprianus Rony (FMU staff Kapuas Hulu); 9. Agus Wirahadi (FMU volunteer/intern, Basarhut KPHP Kapuas Hulu); 10. Azan Akbar (FMU volunteer/intern, Basarhut KPHP Kapuas Hulu
II. OVERVIEW AND DYNAMIC OF CONFLICT In this section we will discuss the result of the 2 rapid assessments on tenurial conflict at FMU Berau Barat and Kapuas Hulu. The full result of this study can be obtained from Tenure Working Group secretariat. The result presented in this book is only the summary which include key issues acquired during the assessment.
A. KPHP BERAU BARAT 1) Berau Barat Production Forest Management Unit was established and designated as FMU model through Minister of Forestry Decision no. SK.649/Menhut-II/2010 dated 22 November 2010 on the Establishment of Berau Barat as the model of Production Forest Management Unit located Berau district, East Kalimantan with the total area of 775.539 Ha. This decision was then revised through Minister of Forestry decision no. SK. 674/Menhut-II/2011 on Establishment of Berau Barat Protection Forest Management Unit and Production Forest Management Unit. The total area was 786.021 Ha consist of 234.305 Ha Protection forest, 431.506 Ha Production Forest, 431.506 Ha Limited production Forest and 114.210 Ha Non-Convertible Forest.
Based on Minister of Forestry Decision no.SK. 674/ Menhut-II/2011 on Establishment of Berau Barat Protection Forest Management Unit and Production Forest Management Unit in East Kalimantan Province, the area was divided into 4 Production Forest Management Units namely FMUBerau Barat (unit XII), FMUBerau Utara (Unit XIV), FMUBerau Tengah (Unit XV ), and FMUBerauPantai (Unit XVI). Tabel-4.Unit division in Berau Barat FMU No
Area (Ha) Unit XII Unit XIV 1. Protection Forest 251.357 (HL) 2. Limited 431.506 Production Forest (HPT) 3. Production Forest 103.139 (HP) Total 786.021 Source: FMU Berau Barat, 2013
Unit XV -
Uni XVI 69.487
Unit XII 48.358
Geography, FMU of Berau Barat situated at 1160 BT – 1190 BT and 10 LT – 2033” LU (Figure-5). Administratively it was located in 4 sub districts area which are Segah, Kelay,Sambaliungand GunungTabur. Area and the percentage of FMU within village and sub district administration can be found in table 5.
Table 5. Distribution of FMU Berau Barat according to administration area No 1.
Sub district Kelay
Village 11 villages (Long Beliu, MuaraLesan, LesanDayak, Sidobangen, Merapun, Long Duhung, Long Keluh, Long Lancim, Long Pelai, Long SuluidanMerasa) 10 Kampung (Siduung Baru, Pandan Sari, Harapan Jaya, Tepian Buah, Punan Malinau, Long Ayan, Punan Mahakam, Long Laai, Punan Segahdan Long Ayap) 3 villages (Tumbit Dayak, Long Lanuk dan Nyapah Indah) 4 villages (Tumbit Melayu, Labanan Jaya, Labanan Makarti, Bukit Makmur)
Area Ha (%) 469.963,54 (59,79)
Source: KPHP West Berau 2013
Figure 5. Map of FMU Berau Barat
10.078,83 1,28) 10.690,89 (1,36)
Road construction in FMU Berau Barat is still limited. State road that connecting Samarinda- Sangatta- Berau is in poor condition. The only infrastructure available was the concession logging road (IUPHHK-HA/HT) license holder. However, it was not developed as all-weather road. Most part of the road was bare soil and only at extreme condition gravel is applied such as steep road. Due to insufficient of land transportation community mostly use water transportation. Thus, we found that the community settlement situated near river. The agricultural land also located adjacent to river (alluvial soil). 2)
Land cover of the FMU in Berau Barat Land cover of the FMU in Berau Barat divided intoLimited Production
Forest (HPT) and Protection Forest (Hutan Lindung) therefore accessibility of most area is low.4) 97% of land cover of FMU Berau Barat is forest including primary dry forest, secondary dry forest and secondary swamp forest and 2.5 % non-forest area including shrub, settlement, transmigration area, plantation, agricultural and bare land (table 6).
Table 6. Land cover of FMU Berau Barat No I.
Primary Dry Forest
Secondary Dry Forest
Secondary Swamp Forest
II. Non forest: 1
Mixed of Dry agriculture land and shrub
Non forest (I)
Source: KPHP West Berau 2013 3) Organization and infrastructure of FMU Berau Barat
Organization and infrastructure of FMU was established based on Regent of Berau Regulation no. 53/2011 on Organization and Management Establishment of Technical Implementation Unit of Model Production Forest Management Unit Berau Barat in the local forestry service.
The organization of FMU in Berau Barat was assigned as Local office of Technical Implementation Unit (Unit Pelaksana Teknis) under the supervision of Head of Local Forestry Service. Organization of Berau Barat production FMU consists of Head of FMU, Deputy for Administration (Kasub TU) and Functional/Technical unit.
Head of FMU Deputy for Administration Functional/Tec hnical unit Figure 5. Organizational Structure KPHP West Berau
Source: Regent Regulation No.53/2011 Currently the composition of Berau Barat human resource consists of government officer, honorary officer, Internship of fresh graduate forestry student (BASARHUT) and project staff (table 7). Tabel-7.Human resource at Production Forest Management Unit of Berau Barat No
Hamzah, S.Hut., M.Si.
M. Agus Taufiq Hidayat, government officer A.Md Dedi Agus Supian, A.Md government officer
Anita Rucitawati, S.Hut
Siti Khadijah, SP
There is lack of infrastructure available against to the area under FMU responsibility. This study discover several findings: (a) Office The 150 m2 FMU office in Berau Barat was built in 2012 located near Local Forestry Office of Berau regency under Tanjung Rebab City administration. The office was financed under the 2012 fiscal budget of Center for Forest Area Establishment (BPKH IV) in Samarinda. The site was selected in order to facilitate coordination between FMU and Local Forestry Office. It takes 30 minutes to reach the nearest part of the FMU from this office while the most distant point can be reached after 4 hour travel. (b) Vehicle The vehicles available at FMU office are 1 car (budget from BPKH IV Samarinda fiscal year 2012) and 3 motorcycles (budget from BPKH IV Samarinda fiscal year 2012 and 2013). (c) Office utilities Office utilities was provided through BPKH IV budget fiscal year of 2013 including: 1. GPS (5 Unit); 2. Filing Cabinet (4 Unit); 3. Computer (1 Unit); 4. Advance computer for GIS (2 Unit); 5. Plotter (1 Unit); 6. Laptop (2 Unit); 7. Color Printer (1 Unit); 8. Mono color Printer (3 Unit); 9. Scanner (1 Unit); 10. Table for head of office use (2 Unit);
11. Chair for head of office use (2 Unit); 12. Table (20 Unit); 13. Chair (20 Unit); 14. Sofa ( 1 Unit). 4) Kampong / village in FMU Berau Barat Kampong is a term equal to village administration in East Kalimantan. There are 29 villages under the 4 districts where FMU Berauspans across. The description of 5 villages selected as sample of this study can be found below: a)
Laban MakartiVillage This village was established in 1982 through transmigration program. Majority of the people are come from Java and West Nusa Tenggara. The early population size was 333 households. In 1990 this kampong was formally legalized as village administration. During this assessment the population number has increased to 400 households with inhabitants of 1337. Java and west Nusa Tenggara culture were dominant at this village since origin of the villagers are from these area. Combination of indigenous wisdom, consensus (musyawarah) and cooperation (gotong royong) is an effective way to prevent conflict. There are 9 neighborhoods (RT) which include also SeiLais ingenuous people group (Komunitas Adat Terpencil). The majority of households (36) are the native people to Bulungan. The total area of this village is 2.750 ha. The landscape contains 65 % hilly area and 35%lowland swamp. The dominant livelihood is from non-formal sector such as agriculture and construction worker.
TumbitDayak Village According to information from TumbitDayak community, the village is an old kampong that has long history back to 1700.
The first head of this village was Hajang. However, there is one family group that has strong influence or power in this village called Jiang Bos family. During this assessment we observed that they are still acknowledged as a respected family. Jiang Bos leads the village for 14 years from 1996 to 2010. Due to his long tenure as the village head, he remains to influence development of this village. During this assessment, his wife Sunarsih serves as the village head. Villagers are mostly native to Dayak tribe (Gaai) that live as nomad people moving along the river. Thus the exploration area is vast, because of this practice community from other village that was moved to this village through transmigration program for example from labananmakarti will not be able to own land except for the settlement area and some designated area allocated by local transmigration office in production area 1 and 2. Meanwhile, the rest of the area in tumbitDayak is belong to the native people/community. Leadership and community perception in the end can cause forest tenurial conflict. c)
Definitively Kampong Merasa was established in 1977. DayakKenyah is the dominant inhabitant (90%) and few Bugis and Berau ethnic. In 2011 the total population was 1187 people. Most villagers are farmer with shifting cultivation system. Only 3% villagers are working as government officer or private sector employee. Merasa community considers themselves as DayakKenyah tribe that occupied Kelay River. According to the Merasa villagers, the communal forest is one of the evidences which have been preserved until now for spiritual, hunting and protection of the community’s environment.
The other evidence is application of custom law in their daily life such as in adultery and custom law on land production management. d)
Gunung Sari Village 2
The total area of Gunung Sari village is approximately 1132.7 km or 113.2 ha. The native population is originated from relatives of Gunung Tabur kingdom. They started to settle since 1970 and worked as farmer near Kayu Tamban Jaya company. Transmigration program was initiated by government in 1988. We also found indigenous people in this village. In 2011 the total population was 3325 pople. Tenurial conflict found in this village is related to village border delineation with nearby village. Encroachment of forest area has not been acknowledged as tenurial conflict. e)
Batu Rajang Village
This village was used to be part of Gunung Sari village. It was separated as definite village in 2011. There are 3 neighborhood groups (RT) with the total population of 364 people from 67 households. The dominant ethnic is Dayak Kenyah while the rest of the villagers are origin of Banjar, Timor, Sangir (North Sulawesi) , Java and Toraja (South Sulawesi). Most of villagers work as shifting cultivation farmer and 1 percent only employed by government or private sector. We found two local wisdoms from this village, first isprohibition to sell land to company and community outside Baju Rajang Village, and second is prohibition to plant oil palm because it is considered as not environmentally friendly.
5) Tenurial conflict map of FMU Berau Barat a) Object of Conflict The conflict object in this area is Forestry Development Area (Kawasan Budidaya Kehutanan, KBK) that has been utilized and claimed by community from those five villages. The area is commonly located near the road access. However now community also started to claim and open area further away from road access (figure 7).
Gambar-7. Conflict area in the assessment at FMU Berau Barat b) Subject of Conflict Stakeholders or actors involve in the conflict are community, forest and mining company, FMU BerauBarat and Local Forestry Office(Figure 8)
Figure 8. Actors involve in tenure conflict of FMU Berau Barat 6) Conflict style of Stakeholders Communities from those 5 villages are eager to have the legal right or ownership over the claimed and managed land. However, they would like to obtain further information about Ministry of Forestry programs that will be conducted in this area. The community conflict style is competition with possibility of cooperation and collaboration when full picture of the situation is obtained. Government and companies including mining and forestry, who obtained legal right from government, are at compromise and accommodate style considering their responsibility and program are also to enhance the community welfare.
Figure 9. Disputants style of the parties 7)
Key findings in forest tenurial conflict at FMU Berau Based on object, subject and conflict style, key findings in forest
tenurial conflict at FMU Berau Barat are as follows; a.95% of Berau Barat FMU area had obtained management license b. Management licenses hasn’t been monitored and evaluated optimally c. Unclear border of FMU Berau Barat d.Tenure conflict in FMU Berau Barat in particular for area under PT. Inhutani management. e. Willingness of stakeholders or actors to resolve conflict
8) Efforts to resolve conflict of FMU Berau Barat (a) Multi stakeholder Workshop at Regency Level This workshop was a follow up of the field assessment activity. It was organized from 19-20 November 2013 in Tanjung Rebab, Berau. Stakeholders related to tenurial conflict have been identified and mapped. Based on land condition and interest of actors, the multi stakeholder workshop developed some recommendations including:
FMU needs to internalize stakeholder activities which is different in term of responsibility, function and authority
The complex arrangement of each actor responsibility need policy umbrella, therefore FMU development policy requires transparency to invite active participation of the stakeholder.
Monitoring and evaluation need to be done in the field to settle conflict
Community surrounds forest area need to be recognized and accommodated properly to sustain forest services
(b) Establishment of FMU forum To accommodate aspirations and recommendations as mentioned above, during the multi stakeholder workshop, a communication forum was formed.
This forum aimed at providing a discussion platform of stakeholder. FMU Berau Barat was appointed as the responsible facilitator. c) Expose and publish the result of rapid assessment on tenurial conflict in Bogor. This activity was held on 22 January 2014 (1 day) In Fave Hotel, Bogor. Resource persons during this meeting are:
Ir. Kustanta MM (Directorate of Forest Area Utilization and Tenurial, Direktorat Penatagunaan dan tenurial Kawasan Hutan) delivered topic on forest area establishment to support FMU Development.
HamzahmS.Hut, (Head of FMU Berau Barat) presented Forest Management in FMU perspective in Berau Barat.
Tenure Working Group (Dr. Gamin) conveyed findings of tenurial conflict assessment in FMU Berau Barat
( d) mediation and partnership facilitation between concession holders and TumbitDayak communities in collaboration with Regional Center for Forestry
Pembangunan Kehutanan Regional III)
in Samarinda, GIZ, Tenure
Working Group on 9-12 September 2014 in Tanjung Rebab, Berau Regency. ( e) Mediation and facilitation at national level to settle tenurial conflict of Pt. Inhutani 1, Unit , Block 1 and 2 in Tumbit Dayak, Gunung Sari, LabananMakarti and Batu Rajang. This mediation involves Local Forestry Office, FMU Berau Barat, Regional Development Planning Agency (Bappeda Berau), PT. InhutaniI Labanan unit Block 1 and 2, PT. Berau Coal and The Nature Conservancy (TNC).
Memorandum of understanding result among stakeholders are:
to stop encroachment in Pt. Inhutani I, Laban Unit within the area of FMU Berau Barat
to conduct inventory, survey, mapping and forest delineation of overlapping area between PT. Ihutani I, Laban unit and communities of TumbitDayak, Batu Rajang, Labanan Makarti and Gunung Sari
to promote management partnership of the overlapping area between PT. Ihutani I, Laban unit and communities of TumbitDayak, Batu Rajang, Labanan Makarti and Gunung Sari
to foster the settlement of administration border among villages
B. FMU KAPUAS HULU 1)
FMU Kapuas Hulu consists of Unit XVIII (Production Forest ) and Unit XIX ( Protection Forest ). FMU Kapuas Hulu is assigned through a Minister of Forestry Decision
No. SK.380 / Menhut - II / 2011 July 18, 2011 on Area of Production Forest Management Unit ( FMU ) Model Kapuas Hulu ( Unit XVIII and XIX ) which located in Kapuas Hulu West Kalimantan Province ( Appendix 1 ). The area designated for FMU Kapuas Hulu is 458 025 ha land and consisting of ± 224 522 ha Protection Forest (HL) and ± 83.241ha Production Forest (HPT) and
Limited Production Forest (HPT)± 150 262 ha. Furthermore, on November 16 2011, the organization of FMU was developed by Regent Decision of Kapuas Hulu No. 35 year 2011. The forest area in West Kalimantan is divided into FMUs including FMU Kapuas Hulu. The area of Protection Forest Management Unit and Production Forest Management Unit of West Kalimantan province were assigned by Minister of Forestry Decision ( SK ) number . 67 / Menhut - II / 2010 dated January 28, 2010 which covered an area of ± 6,973,613 ha, divided into 29 Production FMU within ± 5,601,268 ha and 5 units of Protection FMU that covered ± 1,364,345 ha.
Figure-10. M a p o f FMU Model Kapuas Hulu and the location of FMU office.
Geographically, FMU Kapuas Hulu is located between 112 ° 00 ' - 113 ° 00 ' east longitude and between 0 ° 30 '- 1 ° 30 ' North latitude. Administratively, FMU Kapuas Hulu shares border with Betung Kerihun National Park (Kapuas Hulu District) in the North, Danau Sentarum National Park (Kapuas Hulu District) in the South, Kapuas Hulu District in the East and Malaysia in the West. 35
2) land Cover in FMU Kapuas Hulu Land cover of FMU Kapuas Hulu is dominated by primary dry forest area (Table 8) Table-8. Land cover conditions KPHP region Kapuas Hulu No
3) FMU Kapuas Hulu organisation and Infrastructure The determination of FMU Kapuas Hulu area is supported by local government issuing Regent regulation no. SK.35 / 2011 on 16 November 2011 concerning establishment of Kapuas Hulu Forest Management Unit Model. Based on this regent regulation, FMU Kapuas Hulu is a Technical Implementation Unit (UPT) of Plantation and Forestry Office. (Figure 11).
The head of FMU
Deputy of adm. unit Functional units
Source: The regulation of Kapuas Hulu Region No. 35, 2011. Figure 11. Organization structure of FMU Model of Kapuas Hulu Currently human resources of FMU Kapuas Hulu is 10 personnel which is consisted of 2 government officer, honorary local government officers (tenaga kontrak APBD) or local honorary officers (Honda), honorary FMU officers (SMKK - Vocational High School of Forestry) and Internship of fresh graduate forestry student (Basarhut) as presented in Table 9. Table-9. HR KPHP Kapuas Hulu No 1
Adzan Akbar Sengga, S.Hut z Source: Profile KPHP Kapuas Hulu and Personal Interview 2014
Employee organization in FMU has not fully in accordance with the organizational structure as stated in the Regent Regulation No.35 / 2011. Basen on this current organization structure, except for FMU and deputy of administration unit, the other officers were accommodated in the functional group unit . In the employee profile, the personal of the functional group unit position is yet to be distributed. FMU 's office has been built in Mataso within 120 km from Putusibau and can be reached by 2 hour car driving. The office of Kapuas Hulu in Putusibau also can be accessed by public transportation such as city buses every day. This office was built in Jalan Lintas Utara which connected the Badau District area as the outer part of Malaysian border. Dormitory was built next to the office for the employees accomodation. The nearest settlement to this office is Embaloh Hulu district office and Manua Sadap village. The office building of FMU Kapuas Hulu is developed in area belong to local government of Kapuas Hulu. 4)
Villages in FMU Kapuas Hulu Administratively, FMU Kapuas Hulu is placed in Kapuas Hulu district.
During this rapid assessment , 5 villages was selected to be the assessment sites which are.: Menua Sadap Village, Embaloh Hulu Sub district Pulau Manak Village, Embaloh Hulu Sub district Tangjung Lasa Village, Putussibau Utara Sub district Padua mendalam Village, Putussibau Utara Sub district Setulang Village, BatangLupar Sub district.
Those 5 villages area are home of various customary community groups such as DayakIban (dominant in Menua Sadap and Menulang villages), Dayak Tamambaloh (dominant in PulauManak Village), Dayak Taman (dominant in Tanjung Lasa and Padua Mendalam Villages), DayakKayan (dominant in Padua Mendalam Village) and small part of Melayu, Bukat, Kantu, Bugis, Jawa and Batak ethnic groups which are distributed in those 5 villages. Custom law plays an important role in community daily life, not only in the social interaction of relationship, but also in the utilization of natural resources. The custom law is implemented in a traditional institution called Lembaga Adat Ketemenggungan Iban in Menua Sadap and Selulang Villages. On the other hand, in Tanjung Lasa and Padua Mendalam there are Water sheed Sibua Ketemenggungan and Ketemenggungan Tamambaloh in Pulau Manak Village. Generally, the community of those 5 villages have a high dependency to the natural resources (forest). Therefore, the interaction between the community and natural resource management is intensive and had been established since a long time ago. Hence, it is not surprising if the majority of them work as farmer. Based on the origin and establishment processes, the agricultural land is characterized as dry land with the main commodities such as dry-land paddy, vegetables, rubber and fruits. Agricultural lands developed from forest conversion in the past carried out by the ancestors and the land inherited from generation to generation. The various local wisdoms have been established and developed in society in order to sustain the harmonious relationship between human and nature as one unity. The local wisdom is wrapped in Customary Law on how to manage the interactions between the community and natural resources properly.
The local wisdom (customary law) is a manifestation of a high awareness of the communities on the importance of maintaining and preserving the nature. In turn, it can be used a valuable capital to involve the community in managing natural resources. 5) The Tenurial Conflict Map in FMU Kapuas Hulu Tenurial conflicts or potential tenurial conflicts in FMU Kapuas Hulu can be illustrated by assessing the perspective of the authorization, management and permit of forest area from the government and community. The findings obtained during this rapid assessment is described as below: a) Authorization, permit/license and management of forest area according to the government 1) Authorization and permit
of forest area according to the
government Previously, FMU Kapuas Hulu was placed on the West Kalimantan forest area that established by the Minister of Forestry Decision (SK) no 259 / Kpt- II / 2000 concerning The Forests and Water Area of West Kalimantan Province which covered area of 9,101,760.00 ha. About 1.301.552 ha or 15,18 % of those area has been designated. Data from Forest Area Determination Agency (Balai Pemantapan Kawasan Hutan, BPKH) regional III Pontianak showed that Kapuas Hulu forest area which also covered FMU Kapuas Hulu had been delineated.
Figure 12. Land authorization system between government and communities (Source: Spatial data IUPHHK HA and IUPHHK HT 2012, BPKH III Pontianak)
According to Kapuas Hulu Local Forestry Office , there are three companies which still operate namely: 1) PT. Bumi Raya Utama; 2) PT. Toras Banua Sukses, and 3) . PT. Lanjak Deras Jayaraya. This data was validated using the license spatial data from BPKH III Pontianak in 2012, We found that there were four licenses but only two concessions which remained active (Table. 10).
Table-10. List of Forest Exploitation Licensing Around KPHP Kapuas Hulu No. 1
PT. Bumi Raya UtamaW ood PT. Industrie TorasBanua sSukses PT. Benua Indah
No. 268/ Menhut- 21 July 2004 II/2004
Performance Status HPH Active
11 April 2006
8 Oct 1999
Not active since 2002
PT. LanjakDeras Jaya Raya
7 Oct 1999
Not active since 2002
The name of HPH
The date of SK HPH
Source: The spatial data of IUPHHK HA and IUPHHK HT 2012, BPKH III Pontianak
The license in the FMU Kapuas Hulu is located under production forest ( hutan produksi / HP) and limited production forest (Hutan produksi terbatas / HPT). The licence spatial position in FMU Kapuas Hulu is showed in Figure 13.
Figure 13. The licence in FMU Kapuas Hulu area (Source: The spatial data of IUPHHK HA and IUPHHK HT 2012, BPKH III Pontianak)
2) Forest Area management According to the Government Long-term forest management plan (Rencana Pengelolaan Hutan Jangka Panjang/RPHJP ) of FMU Kapuas Hulu by the time of assessment was being reviewed
by Tanjung Pura University
(UNTAN). The draft of RPHJP was still focused on timber production planning while on the other hand, FMU Kapuas Hulu intended to promote the non timber forest product (NTFP) . The RPHJP is targeted to be completed in 2015 to be use as a reference of FMU management. The land management strategies of FMU Kapuas Hulu which covered 458.000 ha was focused on benefits and programs in the forest area such as utilization of non timber forest products/ NTFPs such as rubber, gelam, honey, bamboo and estimated 500 of other product types. By using the high economic value of NTFPs, It will invite the interest of community to the existence of FMU and entrusted their land management to FMU Kapuas Hulu. In addition, the head of FMU Kapuas Hulu also had a strategy / other expectations to develop rubber plantations within and outside the forest area together with the community. FMU Kapuas Hulu hoped that budget for FMU development from the government can be used in more flexible system so that it can be applied for area outside the forest. For example it could be used to establish rubber plantations on community’s lands where they could earn income from a profit sharing. Thus, FMU Kapuas Hulu would be able to generate income (Local Revenue / pendapatan Asli Daerah/PAD). Through this cooperation, the community was expected to be able to meet their economic needs so that they will discontinue encroachment of forest area.
b) Authorization , Permit and Management System of Forest Area According to the Community 1)
Authorization and Permit System of Forest Area According to the Community “Our...Forest,...Our...Home” is the most appropriate expression to describe the harmony of interaction between indigenous people and the nature, especially forests. Forests are not only considered as a source of life, more than that the indigenous people regards the forest as part of their self. The harmony of the relationship between indigenous people and the nature can be encountered in almost all of the indigenous people communities in the archipelago with no exception,
indigenous people in the northern tip of West Kalimantan province such as Masyarakat Adat Suku Dayak which lived and thrived for hundred years in the upper river of Kapuas becamed the locus of this assessment. This area is home for Dayak tribes from various tribe groups such as Dayak Iban in Sadap Aging and Setulang villages, Dayak Tamambaloh in Manak Island village, Dayak Taman in TanjungLasa Village and Dayak Kayan in Padua Mendalam Village. Starting from small groups that lived nomadic in the middle of the jungle, then, they joined and formed a larger community which later became a village. At the beginning, when "the luxury" of nature was able to provide free and abundant needs for the whole community, Thus indigenous Dayak people was not consider the need to manage their lands intensively. But the increasing of population and more people from outside of the community who also required an access to the
same natural resources, they started to consider developing more modern cultivation systems. Long before the state was established, Dayak people could acquire a new land easily and freely for the agricultural purposes by converting the jungle. Since then, land tenure and recognition of the individual / family right of the used and managed lands were widely known. Therefore, there was a need to develop the rules on how each individual / family would be able to use their own rights without interfere other individual or collective rights within community that was incorporated in Customary Law. Customary law was constructed from, by and for the people to ensure that the use of the personal rights did not cause a disruption of harmonious relationship between humans and environment. With their experiences, they knew what they had to do to keep harmony with the nature. With these facts, the results of the assessments which were carried out in 5 villages had found a numerous of interesting points related to land tenure according community views as follows:
Dayak tribes have lived and evolved since hundreds of years in their villages. The proof of their existence can be found in several of burial sites, sacred places, trace of settlements and the former fields and gardens.
Some notes about the proof of Dayak existence in 5 assessment locations such as: 1)
Former settlements (known as Tembawai / Tembawang by DayakIban and Taman and Belean by Dayak Tamambaloh )
As an indigenous community that still maintained the customs and traditions of the ancestors to present, the Dayak Iban, Tamambaloh, Taman and Kayan lived in groups within a long house which could contain dozens of head of families and hundreds of people called rumah betang After inhabited for long period, at some point rumah betang will be abandoned and people will look for another location to build a new rumah betang. This movement is usually due to the security reasons and the ability of the environment that are no longer able to provide the necessities of life for the community. This former settlement is then abandoned and cannot be converted into agricultural land by an individual / family, until a certain period in these settlements will re-grown into forest area with the large trees. Tembawai usually is located in the left and right the river line and is characterized by the presence of fruit trees like durian and Tengkawang. With these signs, some tembawai will be easily recognizable although it has become the jungle, so it can be used as the proof of the existence of an indigenous Dayak group.
Abandoned field and garden
To meet their needs, since hundreds years ago Dayak community has developed agriculture cultivation system known as shifting cultivation techniques. Initially, the lands are obtained by clearing forest area (marimba) known as ‘Tana' Parimbaan Diri’ by dayah Tamambaloh tribe. After a certain period during the settlement movement, these fields is then abandoned and left until turned into forest
that called as “Pangerang” by DayakIban tribe. Although it has been abandoned and no longer maintained, this abandon fields will be passed on to younger generations as the one who hold the authority over the lands and it will also prove the existence of Dayak tribes. From the field observation results in those five villages, we can see the traces of the a hundred years of abandoned fields which have been recovered and transformed back into the dense jungle. 3)
Ancient Cemetery and Sacred Places As the noble creature, human being tend to praise him / herself during life or after death. For this purpose, since the beginning of human civilization, humans have developed a bury tradition to honour dead people. Similarly, Dayak communities in northern Borneo also practice this by build a look like-home cemetery. This
cemetery can also be used as the monument of the existence of a community group. Dayak tribes usually bury the dead people in the middle of forest. Moreover, in Dayak Iban tribe there is “rarung”, a special cemetery for their leaders which is placed in a very remote and isolated area for the security purpose. After hundred years, this cemetery becomes sacred. Beside the ancient cemeteries, there are several sacred sites that are used for worshipping by the
Dayaknese. Those secret sites are conserved and protected through minimazing
human activities. Thus, these sites will
remain preserved as the jungle.
There is a traditional recognition to the individual or family tenurial rights beside the lands that have been managed together in by the community (communal system) 47
Dayak tribes, usually live in and around forests, recognized two types of land tenure which are individual / family and group (communal) . Lands that are managed by individu / family are in the form of fields and gardens (called as Umai by Dayak Iban in Setulang). While lands that managed communally are Traditional Forest (Ulayat Adat) as well as settlements, former settlement lands and the lands for public activities.
At the beginning, the personal / family land tenure is obtained through the ability and the hard work of the individual / family to open the jungle and convert it to agricultural fields. Then, the land tenure rights are passed down from generation to generation until today Inheritance Pattern on DayakIban Community In Dayak community, especially Dayak Iban, men and women have the same inheritance rights. Land inheritance is usually given (or at leastolder than the other relative) to the children who look after their parents until they
dead. Therefore, son/daughter
will get their
inheritance or right to manage the land after getting an approval from their siblings who have looked after their parents.
Customary Law as a form of local wisdom that developed in the community and used as an instrument to ensure a proper use of land tenure rights is wrapped in Lembaga Adat Ketemenggungan. This customary law also regulates how the communal lands / forests are utilized and preserved by local people or outsiders.
Along with the growth of population, the increase of inhabitants (as a result of the increase of births and a massive influx of immigrants from different regions
and ethnics)and the development of applicable policies, laws and regulations to all Indonesians citizen, the pattern of land tenure in the Dayak community is also evolving. Customary law and formal/legal system, together or separately, regulate how such mechanism is implemented to ensure land tenure recognition. The following description is field findings related to the current land tenure mechanisms that are generally found in all villages at assessment sites:
Land swap (field or gardens) This practice, in fact, has a long history of application and usually occurred among residents of a village on ethnic relationship and empathy. This mechanism is to avoid unauthorized use which will will bring traditional punishment for any violations.
Leasing Lease can be done not only limited between residents of one village, but may also involve people from outside the village. Lease transactions can be made using cash, jewellery or other valuable goods, services / manpower and even simply by using pesticide to clean the area for planting.
Buying and selling the lands It can be done between the villagers within or outside the village (either as a seller or buyer). The transaction is recorded in Sale and Purchase Agreement Letter which acknowledge the head of village.
More over, other evidences of the land tenure that can be found at the assessment sites include:
Statement of The Land Ownership (Surat Pernyataan Kepemilikan Lahan), this letter is made on stamped letter by the land owner and witnessed by several people, the head of village district;
Certificate of Land ( SKT ) which is made by the head of the village and acknowledged by head of the district. It should be enclosed with
a land sketch/map that made by the landlord and
acknowledged by several witnesses including the village head;
The Payable Tax (Surat Pajak Terhutang / SPPT) of Land and Building (Pajak Bumi dan Bangunan/ PBB);
Family Card and National Identity Card as the evidence of the state's recognition to the community in a certain area;
Certificate of Land Property Rights by BPN through Prona program in 1996 as the evidence to claim the land (found in the Manak Island Village)
(3) Forest Area Management System based on Community Perspective As described above, the lands (forest) assessed in 5 villages were controlled by individual / family and the community. It certainly will have some consequences on how these lands are managed. In general, the land managed by the individual / family as farms / or gardens. Additionally, in several villages occupied by non-Dayak tribes, the land owned by the individual / family usually
in the form ofsettlement / house (but not Rumah Betang). Whilst the land managed collectively is in the form of Communal Forest (Hutan Ulayat/ Adat), with a variety of functions including settlement, former settlement (tembawai / tembawang) and other public facilities. Farm is managed land to cultivate crops such as rice, corn and vegetables which planted according shifting cultivation practice under period of 3 until 7 years depending on the level of soil fertility. In general, each household has more than one fram for the rotation purposes. The areas excluded from utilization are usually left and turned into dense shrub. This area also is converted to plantations such as rubber that started to bloom since the 1970s, agarwood, fruits, rattan, medicinal plants, as well as raw materials to make crafts such as weaving. Plantation management is not as intensive as in the farm. Once plantation was established, it would be left until the harvesting period. The farm which are no longer used as plantation area and / or are not maintained anymore, is left to allow the trees to grow and reached condition similar to forest vegetation cover. In past, the farm location was far from the river line which usually inside the forest area, but now those frams are no longer maintained because for energy efficiency and cost reasons. Although It no longer maintained, the farms are still owned / controlled by the inheritors. Nowadays, the remaining farms are located around the river lines and settlements.
Recently, It is rare to find Dayaknese who opens the jungle and converts it to farms. Bello ware several reasons as mentioned by them: The increase of public awareness about the importance of natural forests; The physical strength of people today is not as strong as their ancestors to open the forest; The risks are high for clearing the jungle, especially if there are rivers; Many young people today starts to look for alternatives other than farming works, such as working in Malaysia which provide a higher income
The Role of Dayak Women in Farming Activities There are several interesting findings in Dayak farm managed traditionaly such as the several rituals during the cultivation process which are started from land preparation to land for cultivation. In addition, from the data and information obtained by the observation, in-depth interviews and focus group discussions methods, women area known to have an important role in farming activities. Some of the vital roles are:
Provided ritual equpments for farming activities.
Together with the men, women participated in the process of land preparation such as clearing the shrubs, clearing burning residuals of large wood and poisoning the grass.
During the planting process, many women are taking a pat in growing the vegetables; while in the process of nugal (growing rice), women are sowing the rice seeds into the planting holes that have been prepared by men.
Likewise in the maintenance phase, women generally take a more dominant role than the man
In preparation for harvesting and on the harvesting period, women are taking important role as women have the ability to select and harvest the paddy which will be used as seed for the next planting period.
Woman roles are also dominant during post rice harvesting process. Separating grain from the stalk, drying paddy and even to decide which
one is to dry and is the duty and expertise of women. The land or forests collectively managed by the community, usually used as:
Settlements and former settlement, because the settlement patterns which are clustered in rumah betang, the management of the former settlements and settlement is done together.
Communal Forest / hutan adat( Ulayat Adat ) such as: -
Protection forest / reserves This forests cannot be used as frams and gardens but can utilize timber for limited porposes such as house construction and nontimber forest products, including wild animals.
Restricted Forest This forest is highly protected and treated as sacred place, thus human activity is limited especially for outsiders. Iban tribe in Setulang Village called it as pulau.
Village Forest (in Menua Sadap Village)
Dayak Iban tribe in Menua Sadap Vilage has village forest which is located in Dusun Karangan Bunut with an area of approximately 1.395 Ha according to Minister of Forestry Decision No.: SK. 61 / Menhut-II / 2014 about Determination of Menua Sadap Village Forest Area (Penetapan Areal Kerja Hutan) within the Limited Production Forest (HPT) area in District Embaloh Hulu, Kapuas Hulu District, West Kalimantan Province issued on 21 January 2014. Furthermore, the management of this village forest will be done by a Village Forest Management Instituion (Lembaga Pnegelola Hutan Desa) which has been formed by the head of Menua Sadap Village on 9 November 2012 in accordance to the decision of Head of Menua Sadap Village Number: 046 / D-MS / K-EBU / SK / PEM / 2012 about the Village Forest Management of Menua Sadap that was enclosed in the Ministerial Decision. Currently, the Village Forest Management Institution is assisted / facilitated by a NGO to prepare permit/license application of village forest management to the Governor of West Kalimantan according to the legislation. Requirements are being prepared such as: village Forest Management Plan (Rencana Kerja pengelolaan Hutan Desa, RKPHD), village regulations
management (Kelembagaan Pengelolaan Hutan Desa) and work area map/ block. The establishment of Menua Sadap Village Forest , community can obtain the benefit from managing the village forest such as harvesting timber and non-timber forest products and environmental services while maintaining the sustainability of the forest as sources of a seed-bank , water, biodiversity and protect the forest from encroachment, shifting cultivation, illegal logging and forest fires in accordance to the laws and regulations.
6) Stakeholder Conflict Style Kapuas Hulu area has abundant natural resources, especially forest. This area has provided the needs to maintain life of the community since ancient era. Dayak tribes depended their life to the environment since hundreds of years ago. They lived and developed population from one generation to another with all of the life dynamics and problems. The increase of population has caused competition over land. The livelihood and environmental conservation seem to be the two sides of the same coin that cannot be separated. However, different perceptions and point of views are common which could lead to conflict. Actually, conflict can be solved under the spirit of “togetherness” and equal benefits to all parties. Importantly, there is no government in the world wants to create a misery condition of its the citizens; on the contrary, the governments intended to provide sustainable prosperous life. Conflicts often arise due to the lack of communication and misperceptions between the parties.
In the following section, we will describe the different of perceptions and views related to the land ownership and utilization in those 5 villages where most part it is under FMU Kapuas Hulu area, according to the result of the rapid assessment that was conducted in July 2014. From the results of data collection, both primary and secondary information, there are two conflict typologies, which are horizontal and vertical conflicts. The horizontal conflicts occur in several villages, related toborder and tribe boundaries, in Sadap Menua, Pulau Manak, padua Mendalam and Setulang. On the other hand, the border conflict between Tanjung Lasa village and Sibau Hulu Village was successfully solved in June 2014, with facilitation of the district and Nort Putusibau Regional Military Command (Koramil Putussibau Utara). In addition, the horizontal conflict was occurred due to absent of Definitive Village Certificate (SK Definitive Desa) which led to unclear and disputable of the village boundaries.This conflict has lasted for long period in some villages and there are no signs that it will be resolved soon in particular between Menua Sadap and Pulau Manak villages. This condition creates less harmonious relationship between those two villages. Based data and information, it can be concluded that in general conflict escalation level is in open position, high differences of interest level form each party, many contradictive behaviours among parties (Fisher et.al., 2011). The conflict style of each party involved is a horizontal conflict which is generally competitive. According to Thomas Kilman in Pasya, G and M.T. Sirait 2011, a competitive style is characterized by aggressive actions, concerns with own party, pressing other parties and behaves noncooperatively.
Meanwhile, the vertical conflict was occurred between community, government and license holders which were authorized to manage the area. In this case, the government is the Betung Kerihun National Park Agency (TNBK), Danau Sentarum National Park Agency/DSNP (Balai Besar Taman Nasional Danau Sentarum/ TNDS) and FMU Kapuas Hulu. From the National Park perception, 4 of the 5 villages are buffer zone of TNBK such as the Menua Sadap, Pulau Manak, the Tanjung Lasa , Pedua Mendalam. Setulang Village is the buffer zone of TNDS. Meanwhile, the community consider that the national park has "robbed" their territory which they acquired from the ancestors since hundred years ago by limiting their access to forest benefits which they claimed as Communal Forest (Hutan Adat, Ulayat Adat). The different views and interests had triggered a prolong conflict between the communities and national park, moreover, a few years ago there were several events which involved both parties. Based on current field situation and past events, the conflict escalation can be categorized as open conflict, with conflict style initially competitive now begin to shift into accommodative and compromise in the last few years. In fact in Pulau Manak, Menua Sadap and Setulang Village the conflict has turned into collaborative style.
Betung Kerihun National Park Agency (Balai Besar Taman Nasional Betung Kerihun) as a working unit of Central Government has the mandate to manage the protected areas in Kapuas Hulu region based on the Minister of Forestry Decision No. 467 / Kpt- II / 1995 dated September 5, 1995, which changes the status of the area from Nature Reserve (Minister of Agriculture Decision dated October 12, 1982) with an area of 600,000 ha).Furthermore, based on the Minister of Forestry Decision No. 118 / Kpts - II / 1992 dated 12 February 1992, the nature reserve area was expanded to 800,000 ha and turned into a national park. Betung Kerihun National Park (TNBK) was established the Minister of Forestry Decision No. 520 / Kpt- II / 1999 on 2 September 1999. With the new policy, the government through the Minister of Forestry Decision Number: SK. 380 / Menhut-II / 2011 dated 11July 2011 concerning Establishment of Production Forest Management Unit (FMU) Model Kapuas Hulu (Unit XVIII and XIX Unit) with an area of 458 025 ha which consists of ± 224 522 ha Protection Forest, ± 83.241ha Production Forest and ± 150 262 ha Limited Production Forest. It was followed up by Kapuas Hulu District decision No. SK.35 / 2011 dated 16 November 2011. It brought a consequence to the land tenure in Kapuas Hulu including on 5 villages of the assessment sites. Based on these decisions, majority of the village and / or custom territories became part of the FMU Kapuas Hulu area. However, until this assessment, communities in those five villages still work as usual (although overwhelmed by the feelings of confusion, anxiety and trauma) while waiting for the next steps taken by the FMU. Based on the information obtained from each village, it turns out that people in five villages have not obtained comprehensive information about the existence of FMU Kapuas Hulu although they have heard the term of FMU since 2012 when FMU Kapuas Hulu office in Mataso (Pulau Manak Village) was built and many outsiders brought the information. 58
Thus, the conflict stage between communities and FMU Kapuas Hulu has not clearly observed yet. Below, there are some opinions/views submitted by communities about FMU uder limited information condition: a) Community of Menua Sadap village "The community of Menua Sadap Village, in principle, supports government development programs as far as there will be clarity and involvement in every stage of the processes. b) community of Pulau Manak Village: "If in the future FMU Kapuas Hulu will not be operated similar to TNBK, the community will be happy to cooperate with them. However, if FMU policy on position equal to TNBK then the public will firmly reject the existence of FMU". c) The Community Tanjung Lasa Village: "There is trauma from previous events happened between the community and TNBK, will the FMU programs similar with TNBK? Conflict will likely to occur in the future, if the management strategy of FMU is not different from TNBK". d) Setulang Village: "People are also aware of the need for the existence of the National Park, as well as the existence of FMU. But the most important thing to do, especially for the government, is to be transparent to the community. This means that there is a mutual understanding or respect to the community rights and vice versa. Setulang community does not necessarily deny the existence of FMU, on the contrary, they are very open if FMU has several activities to be carried on in the future. "
Under these conditions and expressions of the community views as mentioned above, it can be stated that the level of conflict escalation is still latent. The potential conflicts will arise when all parties involved are not be able to control or manage the potential conflicts properly. At the same time, by having this kind of "capital", the conflict style of the community may lead to a collaborative style, which is characterized by considering to each parties interests, a focused concerns, empathetic communication and effor to satisfy each party’s interests. In addition to the conflict with government, There was a vertical conflict involving the license holder and the community such as at villages of Pulau Manak, Menua Sadap, Setulang, and Tanjung Lasa. There is one licence holder (concession) in Pulau Manak Village, PT. Rimba Utara, which plans to operate on Non Forest Area/Area for other purposes (APL) which has been managed by Pulau Manak community. Pulau Manak community together with other villages had rejected the existence of PT Rimba Utara. Moreover, some people, in the village that will be used as the consession (HGU), refused and hold a demonstration in the district office which was coordinated by “Temenggung Adat Tamambaloh’. The conflict style between the Community of PulauManak village and other villages including Menua Sadap with PT Rimba Utara is a competitive style. Meanwhile, another conflict was occurred in Setulang between the community and the companies, namely the PT. Kapuas Biro of Agro (KBA). Through the location permit No. 525/1619 / Bappeda / PE-A / 301 in 2009, PT. KBA planned to open ± 17,000 ha area of oil palm plantation which will include area from some villages including Setulang
In Batang Lupar Sub distric. Based on the location permit, the company claimed Non Forest Area/ area for other purposes ((APL) in Setulang as part of PT. KBA oil palm plantation. Setulang community was concerned by PT. KBA delineation activities conducted in 2013. During this rapid assessment, community explained neither the government nor the company communicated that their territory would be used for oil palm plantation. They were not well informed that of Forest status has changed into area for other purposes (APL). People still reject the presence of PT. KBA in Setulang village. Community felt that they have been cheated by the government and the company, and that their land has been "taken out" by palm oil plantations. So far, the community committed to defend their land from PT. KBA. The conflict style between Setulang community and PT KBA is categorized as open conflict, because people have started to take actions to reject the border developed by the company. When the community were invited for negotiation, they always refused to attend although the company promised fee / compensation. Considering the situation and the behaviour of the stakeholders during the conflict period, the conflict style in Setulang and Tanjung Lasa Village can be categorized as a competition conflict.
7) Tenurial Conflict Resolution a)
Horizontal conflict In order to resolve horizontal conflicts, there were several strategic steps that had been done and identified by the Assessment Team although the results were not optimum to resolve the conflict, such as:
to achieve an agreement according to customary law such as in the of
Sadap village and Pulau Manak. It was held on 21
November 2013 but yet to achieve an agreement that satisfy to both parties;
Community consultations between regent and community of Sadap Menua and Pulau Manak Village
GIZ and Lanting Borneo (NGO) facilitation on mapping the Menua Sadap and Pulau Manak Village;
Agreement was obtained of conflicting border between Pulau Manak and Banua Martinus in Bukung sub-village dan Keram subvillage using historical and traditional approach (Tamambaloh tribe).
Putusibau Local Military Command (Danramil Putusibau) and the head of sub district initiated and facilitated a meeting to resolve the border conflict in June 2014 between TanjungLasa and Sibau Hulu Village ;
Several dialogues have been initiated by Setulang village officers with the neighbouring villages to resolve the conflict, but until now the agreements have not been reached;
Community with TNBK
To resolve conflicts between communities and TNBK several approaches have been made:
Understanding (MoU) Number : NK / 06 / TMG - IT / VI / 2011 and No. NK1 / BBTNBK - 1.2 / 2011 on
Collaborative Area Management of Betung Kerihun National Park signed by 4 Temenggung Adat (traditional chief) of Dayak Tamambaloh, Dayak Iban, Menua Sadap, Tamambaloh Labian, Dayak Tamambaloh Apalin and Head of TNBK, there was a recognition that historically TNBK areais also a place of the indigenous
generations of indigenous people have maintained, preserved, utilized and conserved the areabased on local wisdom. -
In Tanjung Lasa village, Hutan Larangan (Protection Forest) was mentionedin the traditional guideline book (bukuadat), therefore Lembaga Adat (traditional council) need to cooperate with the government (BKNP). This indicated that traditional institutions recognize the authority of state law which is represented by the government institutions in managing the forest area. During FGD process, it was stated that communal forest will be “entrusted" to the Government through BKNP to be protected and maintained.
TNBK has taken an initiative to conduct participatory mapping and zoning together with the community. In addition to the mapping and zoning, TNBK had also been involving the community to participate the National Park management programs.
Community with FMU Kapuas Hulu -
In order to reduce and manage potential conflicts with the community, FMU Kapuas Hulu has regularly communicated with the community.
FMU Kapuas Hulu recruited some contractual employees from local community.
Community with the license holder (Oil Palm Company) The company has tried to meet and negotiate an agreement with the community, although the local community still rejects the offer.
III. LESSON LEARNED FROM RAPID ASSESSMENT ON TENURIAL CONFLICT IN FMU BERAU BARAT AND KAPUAS HULU Empirical data as described in the previous section shows the condition in the ground. There are valuable lessons to be learned from the results of rapid assessment in those two FMUs even though there are limitations. Those limitations are: first, we cannot compare those two pilot cases with rest of 530 FMUs planned by government to be established until the end of 2014. Secondly, because it was a rapid assessment, it is important to recall that not all issues can be explored. Learning from the assessment results of those two FMU, there are a number important aspects to be underlined: (a) understanding of the legislation and policy; (b) understanding of the social and cultural aspects of the local community, including customary law and customary land tenure; (c) understanding of the conflict resolutions; (d) patterns of conflict (actors, objects and the evidence of all parties claims); (e) FMU approach to resolve the conflict. This lessons learned is important to be considered in order to improve the efforts in maintaining and preventing activities, especially for those two assessed-FMUs, and, generally, for the other FMUs with similar conditions and experiences.
Knowledge On Forestry Regulations And Policies There have been changes on the forestry legal framework which have
been initiated since the Judicial Court Decision (MK) No.45 / PUU-IX / 2011 and MK 35 / PUU-X / 2012. Those regulations have implied some fundamental cases such as on forest definition and status of communal forests. As widely known, there are some of the existing forestry regulations and policies amended such as Minister of Forestry Regulation No. 44 Year 2012 on Forest Area Establishment through Minister of Forestry Regulation no.52/2013, especially Article 24A which regulate the communities claim over forest area under establishment process (in progress to be determined). Other developments related to regulation on forestry conflict resolution, for example the Joint Regulation of four ministries including Ministry of Forestry, Ministry of Public Works, Ministry of Home Affair and the National Land Agency. This joint regulation was referred as PB.3 / Menhut-II / 2014 on Procedures for Land Tenure Settlement within Forest Area. This regulation provides a mechanism to solve personal and communal claims over land within the forest area. At the policy level, there is Minister of Environment and Forestry Decision no. 24 / Menhut-II / 2015 on Team for Environment and Forestry Cases
Kasus-kasus Lingkungan Hidup dan Kehutanan). Regulation regarding community access to forests has also been updated in 2014 about the Village Forest and Community Forest. In 2013, there was an updated on regulation related to the access right to the forest through a partnership and Smallholder Plantation. Some state laws and policies related to forestry such as Village Law no.6/2014, Ministry of Home Affair Regulation (Permendagri) No. 52 2014 concerning the procedures on recognition of indigenous community, Law No. 23/ 2014 on Local Government, it is important for FMU to understand on how develop relationship with community and indigenous people to be able to manage area under its management unit. 66
Regulations and policies above are closely related to the constraint faced by the FMU such as forest tenurial conflicts, communal claim in forest areas, the procedures for indigenous peoples to be acknowledged by government, the mechanisms to solve forestry conflict and access rights through community forestry, forest village, Smallholder Plantation and Partnership. The lack of FMU understanding on the regulations and policies in forestry and forestry-related aspects, will hinder hinder FMU to select options and resolve problems. In two assessed-FMUs, particularly in Kapuas Hulu, the understanding on regulations and how to use it still needs to be improved. While in the FMU Berau Barat, The understanding of the law is relatively sufficient.
B. Understanding of Social and Cultural Aspect of the community on Customary law and land tenure In general, It common to find villages or kampong where people depend their life on forest resources. This is also the case at FMU of assessment sites. Therefore, It is important to understand the social and cultural aspects of community, including on land tenure according to the cunstomarylaw . In Kapuas Hulu where the customary law was practiced which characterized by the availability of customary law, the tribe territories, the traditional leaders who are still applying the customary law, requires a different approach compare to immigrants who no longer ties with the customary law. If FMU only emphasizes on the application of state law, there is a potential friction between customary law and state law. Therefore, common sense between customary and state laws need to be acknowledged. For example in FMU Kapuas hulu, there are claims of indigenous people territories that need to be explored. 67
to find the same interest on forest function, rather than compete each other . For that purpose, FMU approach to the community should be conducted regularly. The negotiations can be initiated
for a joint
management between FMU with the community under the framework of community forestry, village forest, smallholder plantation and other possible partnerships. It may be implement also as customary forestsvas far as there is a legal recognition through local regulation (Perda) prior to determination of communal forests by the Ministry of Forestry. In FMU Berau Barat, the process is more advanced because it has entered the stage of conflict resolution by signing a MoU with a partnership scheme. Indigenous issue was not the prominent factor in FMU Berau Barat.
C. Understanding on Conflict Resolutions Land tenure conflict in FMU area is real and required options to resolve the situation. It is also clear that Dayak tribe had claimed its territory and thus need solution to settle this condition. However in FMU Beraubarat claims from 5 villages over the erea under PT.Inhutani I has reached an agreement by signing the MoU to apply partnership framework. In general, It is important for FMU to understand the mechanisms to solve the conflict both in
regulations aspect and implementation.
Considering the conflict in FMU area, it was ussually started before the establishment of FMU. Understanding the conflict resolution mechanism will enableFMU to response the claims and solve the problems in most effective and appropriate ways. Conflict resolution through non-judical approach through mediation, negotiation, facilitation and conciliation need to be prioritized. Therefore it is important to comprehend the alternatives and options to resolve conflict as stipulated in Law no.30/1999 and Supreme Count Regulation (peraturan Mahkamah Agung) no.1/2008 concerning court mediation.
In addition to the regulations, it is also important to recognize the institutions that currently have the function to manage the conflict, both permanent and ad hoc, such as Response Team for Environment and Forestry Cases (Tim Penanganan Pengaduan Kasus-Kasus Lingkungan Hidup dan Kehutanan), IP4T team (Inventory of land utilization and ownership). Knowledge about the function and role of those institutions is also beneficial to FMU because they can act as partner institution if further assistance is required.
D. Conflict style (actor, object and supporting data) Style of conflict in the two assessed-FMU indicates the current conflicts occurs in the FMUs is a legacy from the previous policies that were issued by the government, inparticular on unfinished forest area establishment with clear forest demarcation.. During this assessment, we also observed that demarcation in both FMU was still under process (unfinished). . In the context of actors, local communities and indigenous peoples are involved in the conflict in both FMUs. One of the causes is overlapping land tenure in FMU establishment where there were locations claimed by indigenous or local community as their traditional territory or a livelihood. Other actors involved in the conflict are the parties that have obtained the forestry permit (the company) prior to FMU establishment. Most of community in the FMU areas have previously involved in the conflict with these companies, for example in FMU Berau Barat between indigenous peoples / local community and PT. INHUTANI I, and in FMU Kapuas Hulu between indigenous peoples and the Oil Palm Companies.
The actors involved may be regarded as a main/primary actor. Other actors involved, such as NGOs and district offices where the FMU is located, are considered as supporting actors / secondary. In the context of the conflict object, We identified that the object of conflict is an area where the livelihood of indigenous / local community overlapping with FMUs area of this assessment. In addition, based on field observation, the border of FMU area was not clear with surrounding villages or indigenous territories in Kapuas Hulu. Even though map is available to identify FMU area, the map uncertainty is high. The data used to claim the area is usually based on two different sources, first, the data or evidence which is derived from state law and second, data or evidence which is derived from customary law. In FMU Kapuas Hulu, the evidence submitted by 5 assessed villages showed that the claims of indigenous peoples were based on customary law. In FMU Berau Barat, Dayak community alsoclaimed on the basis of customary law. Information about the claims and actors involved in conflict was not available in the Long Term Forest Management Plans in both assessedFMU. This leads to the possibility of conflict between the FMU and Indigenous / local community in the future if it is not properly accommodated.
E. FMU approach in Conflict Settlement FMU should recognize conflict or potential conflict in its area. Several approaches that have been carried out to resolve the conflict showed an improvement.
The dialog has been prioritized. However, a better
understanding of the forestry law/ regulations, the social and cultural aspects of community, including on the land tenure system based on customary law, and the capability/skill on conflict resolution models.
Epilogue STRENGTHENING COMMUNITY PARTICIPATION IN FOREST MANAGMENT (Dr.DeniBram, SH.MH)
The typical characteristic found in almost of research locations is different perspectives and benchmarks used by the parties in claiming the forest area. At least, it can be seen from the different perspective about valid and legitimate "power" among actors in the ground. The existing assumption about government is the only institution at the top of power structure sometimes can create conflict. The license owner assumed that it is the sole basis of forest authorization and governance; on the other hand, there are local people who, in this case are also protected by the Constitutional Court Decision No. 35 / PUU-X / 2012 which clearly states that communal forests are no longer in the same category under the state forest.
Doc. WG-Tenure The Constitutional Court decision has showed that actually power does not rely only on the state. But the power is distributed in various parts and all of them are recognized – depend on the community characteristics. In other word, a permit from the government becomesis disputable when the local communities don’t acknowledge and considers the license, no more than just a piece of paper, that comes from a state institution which does not present during conflicts in the field.
Another interesting lesson from the field portrait is the relationship among the state, the license holder and the local community which is unbalanced because the differences in the power perception. If the ultimate goal of Forest
Area Establishment is to improve the forest
governance, the instrument used should be in harmony and in line with the intended purposes. Therefore, the awareness of stakeholders and actors in the field about their power position and who are the parties under their authorization are important to be noted. This can be done through some preventive measures to avoid inapplicable of rules within local communities. At least there are some basic principles that should be considered by the actors involved in the field, such are: Conflict and the different perspectives of each stakeholders, and avoid the egoisms by refusing the open dialogue to discuss the FMU management. This can be anticipated by put forward the cross-actor participation and cross-interest. Although some participation instruments have been developed by the Ministry of Forestry, the implementation is yet to be done. The more important perspective is the public acceptance which will be gained by involving community in the processes. This approach will lead to crossactors legitimacy and recognition in the field. Participation will be optimal when the community involvement is manifested as community power to control the processes in the ground. One of the theories related to the community participation suggested that the level of community participation can be categorized into eight levels as illustrated in the below chart (Figure 14).
Picture-14. Public Participation ladder of Arnstein The above structure shows determination of community involvement level is not defined by how far the community has been involved in policies or programs development but through the ability to determine the outcome or impact of the policy or program. The lowest levels of participation the hierarchy are manipulation and therapy (classified as nonparticipation). At this participation level, the only intention is to organize the communities and treat them from the failure of government system. There is no intention to involve the community in formulating the government activities or programs. The medium level of the hierarchy consists of three levels of participation such as: informing; consultation; and placation (classified as tokenism). At this phase, the public was able “to hear” (the level of information) and “heard” (the level of consultation), however this stage has not provided a clear assurance to the community that their voices are taken into account to determine of the public policy outcomes.
placation stage is enabling the community in general and the more vulnerable one to provide more significant input to determine the public policies, but the decision-making process is still fully held by the authorization holder. 73
The highest levelof participation is consisted of three levels, such as partnerships, delegation, and, the top of the level is the citizen control. At this point, the community participation, including the most vulnerable community has been accommodated to determine processes, the results and the policy impact. The community has the ability to negotiate with “traditional leaders” (government) in a parallel position (partnership). Furthermore, the community is capable to direct the policy due to the power to affect the decision (level delegated power). Hence, in the final stage, the community participation has reached the peak, that is when the community politically and administratively have the ability to control the processes, formation, implementation, and policy (the level of citizen control). If the more optimal level of participation can be done in the field, it can be stated that the public-acceptance of the norms is fully recognized by all of the stakeholders. The importance of forest authorization and governance systems is to create a synergy of the stakeholder interest from upstream to downstream level i.e. from local, national and global level. At the local level, the improvement of FMU in utilization and forest governance will provide a certainty of forest boundary and clear relationship between one village to the others, and between the villages and the permit/license holders. At the national level, the improvement of forest utilization and governance provides a good model that can be adopted nationally.Thus it can be a learning process from the ground and the micro level to obtain the most appropriate model which accommodates all stakeholders. At the global level, it will strengthen Indonesia’s position and show our commitment to implement Reducing Emissions from Deforestation and Forest Degradation (REDD +), which does not only emphasize the program to protect the forest and maintain the sustainability per se, but also the presence of the communities around the forest, on the basis of forest carbon sink.
One of the prerequisites of successful REDD + implementation is the recognition and the willingness of local communities to support the REDD + program through the Free Prior Informed Consent (FPIC) mechanism in the Demonstration Activities area. In the Free Prior Informed Consent (FPIC) implementation the rights of indigenous community and local communities to decide the activities types within their territory are recognized. In detail, FPIC instruments can be used by the indigenous community or local communities to get information prior to program or development projects are implemented in their territory, and based on this information, they have freedom and without pressure to accept or reject projects. During the implementation, there are several principles inherent with FPIC such as:
Transparency, all information related to planning, implementation, and results of FPIC and issued statements / opinions are open, available and accessible for related parties;
Accountability, the process and the results of FPIC are accountable;
Inclusiveness, ensure effectiveness of involvement of some elements / parties without discrimination of gender, ethnicity, age, religion, and others;
Integrity, the FPIC implementation programs are consistent in the actions, values, methods and principles;
Participation, all members of the community who will be affected by REDD ++, including women, youths, children, and elderly are involved in the programs;
Freedom, there is a freedom of expression and free from the pressure of interest.
Minimum participation during REDD + implementation can be inferred as community being used as object of forestry policy while in the end the main determinant of successful or failure forest governance depend on the community. Negligence that hadbeen occurred in the implementation such as using the name of indigenous peoples without regular monitoring on community involvement after the implementation of REDD + projects. It will create injustice to local communities around the REDD project area. Under these conditions, there are at least two available options to minimize injustice through lessons learned based on method for accommodating optimum participation First, rely on government agencies or institutions to validate the FPIC processes implementation. For example, in Philippines, the National Commission on Indigenous Peoples (NCIP) is authorized to verify that the processes have followed FPIC procedures and ensured community has approved the project implementation. The decision should be based on the monitoring of the whole FPIC procedures by the Regional Review Team of the NCIP. However, these conditions are complained by some NGOs and indigenous organizations due to procedures are often carried out without an adequate review based. Second, appoint organization or independent institution to validate the FPIC process. This framework is referred to the Forest Stewardship Council (FSC), which voluntary has developed a standard to assess the companies and communities who is managing forests in order to identify whether the project has been implemented in a responsible manner or not. FSC also has several procedures which are designed to ensure the neutrality of the auditors.
Picture-15. Chart relationship management institutions with the recognition of the rights of forest communities
Accreditation of auditor is a prerequisite to carry out FSC audit. The certificate should comply with international audit standard and approved by trusted organization as the evidence that auditor has developed appropriate assessment procedures. The two options mentioned above can be used to ensure justice for stakeholders by considering actual condition in Indonesia, characteristic and value adopted in the community. It can be concluded that there is a pattern in order to create a recognition or legitimacy among the actors as illustrated in below figure (Figure15). At the end, one of the final goals of REDD + regime is not only reduce rate of deforestation and forest degradation, but also ensure the sustainability of the local community. Lesson learned can be obtained from the implementation of REDD projects in other countries. Authors are referring to REDD+ implementation in the Democratic Republic of Congo (Zaire) and Brazil. Democratic Republic of Congo shares many similarities in particular for vast of forest area. 77
According to UN REDD data, Congo has 134 million ha of tropical forest providing food, medicine energy and economic income for 40 million people. Congo has to reduce relatively lower deforestation rate about 0.3% per year. The major cause of deforestation in Congo is conversion of forest to agriculture land including plantation. This was due to massive migration after war in 1996-2003. In addition, illegal logging and oil palm plantation are also contributed to deforestation rate. REDD implementation in Africa was financed through several mechanisms including Climate Finance Options, Fast Start Finance, Forest Carbon Partnership Facility (FCPF), Forest Investment Program (FIP), UNREDD , GEF , Amazon Fund, Congo Basin Forest Fund (CBFF)and UNPermanent Forumon Indigenous Issues(UNFPII). Only Congo receives funding from Forest Carbon Partnership Facility (FCPF) from UN REDD since 2009 to support REDD implementation. Readiness phase in Congo was started in March 2011 by developing work plan with financial support of USD 4.3 million. Implementation phase in Congo was marked in October 2009 through decision to support REDD, establish National Designated Authority that involved some ministries and national council on climate change. The lesson learned from the successful implementation of REDD in Congo was in particular on Free Prior and Informed Concern (FPIC) and justice for community. One third of national council on climate change member is from indigenous people and civil society to allow participation in decision making and monitor REDD implementation. Moreover, Congo also established task force consist of civil society representatives authorized to communicate directly to negotiators of the United Nation Framework Convention on Climate Change.
This approach is one of instruments implemented in Congo as safeguard of justice issues. A continue local community consultations was organized to ensure active participation and transparent processes thus community not only involves in planning activities but also during the project implementation. However, similar to Indonesia, there were some weakness from the Congo system. Nevertheless, differentiation can be made from juristic and non-juristic weakness.
From legal perspective the weakness of REDD+
implementation in Congo are as follows:
Several regulations related to REDD issues such as Bakajiwa law 1967, land Tenure Law 1973, and forest code 2002 are yet to cover the system in comprehensive approach. This can be seen from land tenure arrangement. In the 2006 Congo constitution stated that all lands under state ownership for its people prosperity. However in the derivation of this law, such as Bakajiwa Law 1967 and land tenure law 1973, there is right to obtain permanent private ownership and the right to possess remote area land.
Some regulations related to REDD have not been elaborated at a lower regulation level for more technical and real decision.
condition was due to politic reform, as the result laws such as forest code 2012 and land tenure law 1973 have not equipped with details regulations that applicable for implementation. For example on public participation in REDD scheme. The constitution of Congo stipulated that each citizen has the right to obtain information from government.
However, there is no further regulation which provide framework on how community can obtain the information. We consider that FPIC has not been applied comprehensively because it was regulated under forestry law but not in land law.
The absent of 2 points above create uncertainty in measuring rate of deforestation and degradation. Moreover, there is no certainty and standard in benefit sharing implementation. The non-juristic barriers were also observed in REDD implementation as identified below:
There are groups that represent different interest in REDD implementation in Congo including indigenous community, civil society and fractions from the politic conflict. As the consequence, it is difficult to develop policy to accommodate all stakeholders.
communication to ground level. Often, information from central government is delayed before reaching the local level.
Action plans and policies are developed in English at national scale based on donor support while majority of Congo’s people used French language. This is, at least caused a little impact in REDD implementation in particular to transform REDD program properly at local level.
A different perspective can be seen from REDD implementation in Brazil especially form Amazon. Amazon forest spans over 9 countries where 63% is located under Brazil territory. This area represents one third 2
of world tropical forest with an area of 4.1 million km .
Picture-16. amazon forest area
One of the project in Brazil is Juma REDD project. This project covers an area of 589.612,8 hectares situated at Novo Aripuana in southern part of Amazon forest. This project was aimed at restoring amazon forest as carbon sink area. This program was initiated to overcome the high rate of forest degradation and deforestation using business as usual history as the basis. Degradation of amazon forest contributes to 3.5 billion CO 2 to atmosphere. Brazilian government allocates REDD funding to scientifically measure project area, law enforcement and community empowerment programs.
In 2012 rate of deforestation and forest degradation in Amazon area was at the lowest record within the last 24 years period. Studies are conducted to assess the relationship between declining rate of deforestation and applied REDD program. According to Brazil’s National Space Research Agency data, in the period of 2011 to 2012 degradation rate was 4.656 km2, 27% decrease from previous year of 6418 km2. If this trend is continuing in the future, it estimated that deforestation rate at Juma project will be approximately 329.483 hectares which will decrease CO2 emission of 1.897.670.279 ton.
Several variables influenced reduction of deforestation rate in amazon forest under the REDD scheme. Regulations related to forest fire prevention using incentive was done through payment for environmental services known as Bolsa Floresta.
This compensation involves 4 incentives type:
Individual funding or known as Bolsa Floresta Familiar provided funding of $ 25 US through a debit card each month for women in a household. In this model, gender issues prioritized for funding mechanisms.
Funding associated with the family, known as Bolsa Floresta Associação is a program with cash assistance amounting to $ 500 US per month including grant assistance in the form of equipment, transport and communication.
Funding based social assistance, known as Bolsa Floresta Social with the scheme of assistance for US $ 70,000 each year provided as micro-scale investment in health or education in collaboration with the local government.
Funding based sustainability across generations, known as Bolsa Floresta Renda with programs providing assistance amounting to $ 70,000 US per year provided through a program based on the sustainability of the resource and land use.
Funding schemes which directly benefited the community and implemented transparently, should be used as an example for Indonesia, so the dilemmatic conditions “to obey the rules but cannot take the benefit” can be overcome more effectively. It is undeniable that the method elaborated above required responsibility in particular on budget cost. The advantages of this project are clearly from the improvement of the infrastructure of the local community, but on the other hand this will lead to land grabbing in the future from the increasing of population number as a result of improvement of life quality.
Based on Brazil experience in implementing REDD, It can be seen that community involvement plays a strategic role. It can be used in formulating community acceptance for a successful REDD project implementation.
Reading Material Arizona, Yance, Siti Rakhma Mary Herwati, and Erasmus Cahyadi, 2013. "Return of indigenous forest to the customary law community: Annotation Constitutional Court No. 35 / PUU-X / 2012 regarding the judicial review of Law No. 41 of 1999 on forestry ". Arnstein, Sherry R., Ladder Of Citizen Participation, JAIP journal, Vol. 35, N. 4, July 1969, p 216-224. Diuduh from http // Lithgow-schmidt.dk / sherry-Arnstein / ladder-of-citizen-participation .htmlGalurda, Gamma, et al, Rapid Land Tenure Assessment (RaTA), A Practical Guide for Practitioners, World Agroforestry Center.2006. Chuck Bokor, "Community Readiness for Economic Development-Resolving Conflict order", (Factsheet No. 01, Economic Development Unit / OMAFRA, 2006) Daryanto, Hadi, Secretary General of the Ministry of Forestry, Indonesia Forest Management Challenges, 2011, key papers in the International Conference on tenure and forest governance and forest enterprises in Lombok on 11-15 July 2011. Galurda, et.al, Rapid Land Tenure Assessment, the Quick Start Guide for Practitioners, World Agroforestry Center 2006. Ganga Ram Dahal, et al, Forest Tenure in Asia: Status and Trends 2011, Papers in International Conference on tenure and forest governance and forest enterprises in Lombok on 11-15 July 2011 HuMa, and Image Data Report HuMa Agrarian Conflict, 2013.
Pasya, Gamal, and Sirait, Martua, Disputants Style Analysis (AGATA), Samdhana Institute, 2011 Suryanto, Agus, Pusdiklathut Ministry of Forestry, "KPH Development Policy", a paper on Conflict Analysis Tool Training Land-Tenure, Bogor, 5-9 June 2012. Warta Tenure, "Land Tenure Issues: Preparation and Implementation Readiness Redd", WG-Tenure: Issue 8,2010. Ministry of Forestry, KPH Development: Concept, Legislation and Implementation, 2011. The Ministry of Forestry, Forest Management Unit Related Regulations 2012. The Ministry of Forestry and BPS 2007 Village In Forest Area (17 Provinces), 2007, Jakarta. The Ministry of Forestry & BPS 2009 In the village of Forest Area (15 Provinces), 2009, Jakarta. The Ministry of Forestry and the BPS, 2014. In the village of Forest, 2014, Jakarta. Production Forest Management Unit (KPHP) West Berau, 2013. Development Model KPHP West Berau Berau. Presentation materials KPHP Berau Head west on Exposure Assessment Results Land Tenure in support KPHP Management Model Berau in East Kalimantan Barat Bogor: WG-Tenure. Stabilization hall Forest Area (BPKH) III Pontianak, Spatial Data IUPHHKHA and IUPHHK-HT in 2012. Constitutional Court Decision No. 45 / PUU-IX / 2011 concerning judicial review of Law No. 41 of 1999 on Forestry to the Constitution of the Republic of Indonesia Year 1945, February 21, 2012.
Constitutional Court Decision No. 35 / PUU-X / 2012 regarding the judicial review of Law No. 41 of 1999 on Forestry, as amended by Act No. 19 of 2004 concerning Government Regulation in Lieu of Law No. 1 of 2004 on the Amendment of Law Law No. 41 of 1999 on Forestry Becoming Act against the Constitution of the Republic of Indonesia Year 1945, May 16 2013.Undang Act 41 of 1999 About Forestry. Act 7 of 2012 on Social Conflict Resolution Regulation of the Minister of Forestry of the Republic of Indonesia Number: p.36 / Menhut-II / 2009 on Procedures for Licensing About sequestration and / or storage of carbon in Production Forest and Protected Forest. Minister of Forestry Regulation 42 / Menhut-II / 2011 on Standards Kompetensui Technical Division of Forestry On Protected Forest Management Unit and Forest Management Kesataun Forestry Minister Regulation No. P.33 / 2012 concerning Amendment Forestry Minister Regulation No. P.40 / 2010 About the Organization And Working Procedure of Ministry of Forestry Regulation of the Minister of Forestry No.PB 3 / Menhut-II / 2014 on Berau Regent Regulation 53 of 2011 on the establishment of the organization and functioning of the unit Technical Implementation Unit Forestry Department Berau. Regulation Kabupaen Regent Kapuas Hulu No. 35 of 2011 on the Organizational Structure Model KPHP Kapuas Hulu
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