In this issue:
Introduction of partners
Freedom of information
Recent successes
Supporting communities
High Conservation Value Forests
Monitoring and reporting violations
Emerging regions
SETAPAK research
A Review on Integrated River Basin Management and Development Master Plan of ...
Setapak news-edition-1
1. SETAPAK NEWS
In this issue:
Introduction of partners
Freedom of information
Recent successes
Supporting communities
High Conservation Value Forests
Monitoring and reporting violations
Emerging regions
SETAPAK research
1
National Partners
National partners ICEL, FOINI, ICW,
Seknas Fitra, HUMA, FWI, INFID-
IWGFF, SILVAGAMA and EPISTEMA
have continued their partnership with
SETAPAK in a range of different gov-
ernance issues. An explanation of their
specific roles in partnership with
SETAPAK is on the following page.
The Asia Foundation First Edition. February 2014.
Regional Partners
South Sumatra: WBH, Walhi and PINUS operate throughout 5 districts in
South Sumatra, predominately focusing on promoting access to information by
requesting information to local government and assisting local government to
establish information management and services unit (PPID).
West Kalimantan: Gemawan, Titian, Jari and Sampan support local commu-
nities to understand their rights, reclaim former mining sites, and pursue infor-
mation related to forest and land use in 6 districts throughout West Kalimantan.
East Kalimantan: STABIL, Menapak, Prakarsa Borneo and Bumi/Jatam facil-
itate a range of activities in the province including: requesting Environmental
Impact Assessment (EIA) documents, developing CBFM and holding public
seminars to educate communities about their land rights.
North Kalimantan: Stabil and PADI are protecting the rights and villages of
indigenous and local communities throughout North Kalimantan by introducing
CBFM and drafting policy regulations.
2. 2
Below is a brief description of the governance issues SETAPAK’s
national partners are involved in…
The Asia Foundation First Edition. February 2014.
National Partners
National Partner Activity
ICEL
Land and Forest Governance Index; permit compliance review; supply-side Freedom
of Information inputs.
Seknas FITRA
Analysis and advocacy of regional government budgets (with local partners); demand-
side FoI procedures and pursuance of grievances; transparency index (a sub-set of the
Land and Forest Governance Index).
ICW
Investigation and capacity building of local NGOs to investigate LULUCF-related cor-
ruption; policy research and advocacy on modes of corruption in forest permitting; legal
examination of egregious policies.
FOINI
Support to National Information Commission (NIC) – selection of new Commissioners;
2013-17 roadmap for new Commissioners.
HUMA
Establish and train networks of community legal facilitators, provide legal assistance to
communities on land-related issues, advocacy on governance issues, research on land
tenure and livelihoods.
Forest Watch
Indonesia
Compile database of forest cover and forest use, draft updated volume of the book
‘Snapshot of Indonesian Forest Conditions’, disseminate information, and build capaci-
ty of CSOs on data management.
INFID - IWGFF
Encourage banking policy to support a sustainable forest and land governance: con-
duct research, discuss and disseminate policy recommendation, develop Know Your
Customer (KYC) Standard for banking institutions, and submit to Bank Indonesia.
Strengthen law enforcement in forestry sector by using anti-money laundering law.
SILVAGAMA
Developing the Indonesia Forest Monitoring initiative in collaboration with the Corrup-
tion Eradication Commission KPK), consisting of regional outposts for collecting forest-
related information and submitting reports of infractions.
EPISTEMA
Oversight and capacity building for research grant scheme awardees.
3. 3
The Asia Foundation First Edition. February 2014.
Regional Partners
ACEH
WEST KALIMANTAN
Gemawan
Titian
Jari
Sampan
NORTH KALIMANTAN
Padi
STABIL
EAST KALIMANTAN
STABIL
Menapak
Prakarsa Borneo
Bumi/Jatam
SOUTH SUMATRA
WBH
Walhi
PINUS CENTRAL SULAWESI
SCF Coalition
KPPA coalition
YTM/Jatam
The map below outlines where each regional partner is located across the four
provinces. The emerging provinces of Aceh and Central Sulawesi are also out-
lined.
4. 4
The Freedom of Information (FoI) Act (Law 14 of 2008)
became fully operational in 2010, requiring public
bodies to disclose public information. Implementation
of the law requires public bodies to nominate or em-
ploy information officers (PPID) to service requests
for information, and to develop standard operating
procedures (SOP) to clarify PPID functions. The law
also establishes regional information commissions
(KID), to support citizens to obtain information if pub-
lic bodies refuse to disclose information.
With the laws three major requirements in place,
partners can request public information, with the ex-
emption of categories of excluded information out-
lined in the law. Where public information is not
forthcoming, individuals requesting information can file grievance cases using the dispute
resolution or grievance mechanisms set out in the law, which includes mediation, non-
litigation adjudication and judicial appeals, including to the Supreme Court, as well as criminal
penalties for officials who fail to comply with information requests.
Each region is at varying stages of implemen-
tation of the FoI Act’s requirements. SETAPAK
is working on building the capacity of all re-
gions to successfully fulfill the requirements of
the FoI Act. ICEL provided further training on
the implementation of these grievance mecha-
nisms in December 2013. Local NGOs
PADI, Bumi/Jatam, Sampan, Lanting Borneo
and Walhi South Sumatra received this train-
ing. The table on the following page outlines
achievements related to the implementation of
FoI Act and how grievance cases were made.
SETAPAK News First Edition. February 2014.
Freedom of Information
The 2010 Freedom of
Information (FoI) Act man-
dates steps which
local governments must
undertake to
ensure
citizen’s right to
information
As well as training, public events have also been held to raise the awareness of FoI
requirements. JARI, held a seminar and workshop on FoI requirements in October
2013, which involved government, students and civil society organisations. FOINI,
the national campaigner for the FoI Act, also held the first “Right to Know Day”on
28th
September. The event was held at Monas, where promotional material was dis-
tributed.
5. 5
SETAPAK News First Edition. February 2014.
Freedom of Information
Beyond these achievements, there are a number of other initiatives underway to implement
the FoI Act:
PINUS and WBH are assisting local district governments to draft SOP for the new PPID
officers in South Sumatra.
In East Kalimantan, STABIL and Menapak are providing training and devising job descrip-
tions for PPID, and Bumi/Jatam and STABIL have been testing the FoI Act by requesting
information documents.
Gemawan and Jari are assisting local government in drafting an SOP for PPID in West
Kalimantan. Sampan has been requesting public information documents as well as sup-
porting the recruitment of PPID.
Government
level:
(P) Province /
(D) District
FoI
issue
Partner Activity Progress
(D) Musi Banyua-
sin, South Suma-
tra
KID,
SOP
WBH Assisted local government
to operationalize proce-
dures, in accordance with
the FoI Act.
Two regulations have now been passed: District Head regu-
lation no. 21 (2013) on Standard Operating Procedure for
information officers (PPID). District Head regulation no. 23
(2013) establishing a District level Information Commission
WBH are assisting government agencies to categorise their
documents in order to fulfil information requests.
(D) Bulungan,
North Kaliman-
tan
PPID,
SOP
STABIL
and
Bumi/
Jatam
Assisted the District Head to
fulfill the requirements of
the FoI Act.
Advocated for passage of
local policies related to FoI.
District Head regulation no. 20 (2013) was passed in July
2013, establishing PPID and setting out SOP for their role.
District Head Circular Letter no. 501 (2013) released in Au-
gust to instruct government departments to use the PPID for
information requests. In November, STABIL and the District
Head signed an MOU to cooperate in implementing the FoI
Act.
(D) Kayong
Utara, West
Kalimantan
PPID Gema-
wan
Assisted local government
to draft local regulation to
implement the FoI Act.
Advocacy for passage of
local policies related to FoI.
District Head requested support of Gemawan after it was
lowest ranked in LFGI study, to improve their governance by
developing a local regulation to implement PPID. Gemawan
supported drafting of a local regulation, which was legalized
October 31, 2013 as District Head regulation no. 342 (2013).
(P) South Suma-
tra
Griev-
ance
Fitra
South
Sumatra
Filed grievances related to
unfulfilled budget infor-
mation requests.
Lodged grievance case to the Supreme Court. Informed Pres-
ident and Parliament of grievance. The provincial Environ-
mental Agency finally relinquished data in the first week of
October 2013.
(D) Samarinda,
East Kalimantan
Griev-
ance
Bumi/
Jatam
Requested EIA for 63 mining
companies; pursued griev-
ance process to pressure
municipal government to
provide public information.
22 of the 63 documents requested now been provided by
the Samarinda Environmental Agency. Bumi/Jatam has
lodged a court case requesting the Administrative Court to
instruct the Environmental Agency to provide the remaining
documents.
Table. 1 Achievements related to implementation of FoI Act
6. 6
The recent success throughout Indonesia...
Seknas FITRA recently pursued a grievance case to the local
administrative court in relating to missing budget and EIA doc-
uments. While the court ruled in their favour, the documents
were not provided as there was no enforced time limit. The
data was eventually relinquished in October 2013 following a
ruling by the Supreme Court once the President became
aware of the situation.
Due to KOMPPAK’s persistence, on 7 November 2013, the
East Kalimantan Provincial Regulation passed a policy man-
dating and regulating post-mining reclamation including the
post-mining reclamation funds.
6 cases of corruption-related violations of LULUCF laws have
recently been reported to the Anti-Corruption Commission
(KPK) by ICW and Bumi/Jatam. These arose due to a lack of
law enforcement in the issuing of permits, bribes of a substan-
tial amount and land grabbing. KPK are currently investigating
two more cases involving tax evasion and bribes for permits.
Ongoing Disputes
With support from STABIL and Seknas Fitra, Bumi/Jatam have pursued 63 coal mining companies
to provide EIA’s through the Provincial Information Commission. When the environmental agency
missed the one month deadline, Bumi/Jatam took the case to the local administrative court which
ruled that the local government had 8 days to comply with the request. Bumi/Jatam have currently
received 22 of the requested documents. Once all have been received these will be used to sup-
port communities in decisions related to land use.
In a dispute between partners and the Ketapang district government, West Kalimantan, over 35
public documents related EIA, logging, mining and planning concessions, which is likely to be re-
solved in the coming months through the district level information commission (KID).
KOMPPAK: Six NGO’s have
formed a coalition called the
Community Coalition for Mining
Awareness (KOMPPAK) in
East Kalimantan, which was
initiated through a workshop.
KOMPPAK specifically focuses
on the reclamation of land that
has been mined in East Kali-
mantan, where mining is on the
increase and regulation is
weak. Through their work with
local communities they advise
government officials on rele-
vant policies and organise me-
dia campaigns to advocate
post-mining issues.
Recent Successes
SETAPAK News First Edition. February 2014.
National Conference on Land and Forest Governance 17 – 19 December
Seknas FITRA, together with the Indonesian Centre for Environmental Law (ICEL) and Indonesian
Corruption Watch (ICW), held a conference event themed ‘Strengthening the Social Movement to
Accelerate Land and Forest Governance’. The workshop launched a number of studies carried out by
ICEL, Seknas Fitra and ICW, including a Budget Analysis on Land and Forest Governance, the Land
and Forest Governance Index (see box p. 7), a Permit Compliance Review, and a study on Po-
litico-Business Patronage in Land-based Industries. Each study was presented in a talk-show type
format, with respondents from government, NGOs and academia who discussed the implications of
the studies and next steps for policy and governance reform.
7. 7
SETAPAK News First Edition. February 2014.
Support through Education
There have been range of support based programs to
communities and governments...
Support to Communities:
In East Kalimantan, Menapak trained community leaders
from Kelay, Segah and Pesisir to better understand their
customary land rights. Prakarsa Borneo has helped to
facilitate Community Based Forest Management (CBFM),
in the villages of Swan Lutung, Long Savo, Lusan and
Muara Payang. Mapping of illegal logging activity will be
the basis of establishing village level CBFM. In West Kali-
mantan, Titian held a workshop for local community mem-
bers, academics and government officials to discuss how to
use and manage areas of non-forest areas (APL).
Support to Governments:
In Kayong Utara, West Kalimantan the District Head re-
quested Gemawan’s support to improve their governance.
Gemawan supported the drafting of the policy to implement
PPID through local regulation, which was legalized Oc-
tober 31, 2013. PADI and Stabil, North Kalimantan, have
worked with the government to develop the Bunlungan Dis-
trict Regulation no 4 of 2013, which mandates the protec-
tion of traditional people’s land in three villages; Sajau Me-
tun, Jelari, and Sajau Pura. Wahli and WBH are continuing
to educate South Sumatran local communities on their
rights to access information, as well as developing
CBFM initiatives.
Community based forest manage-
ment (CBFM).
There is evidence that CBFM slows
deforestation and protects forest-based
livelihoods. Partners are working with
communities to establish CBFM pro-
posals for village forest (hutan desa),
community forest plantations (HTR),
and community forests (HKM).
5 HTR sites are awaiting approval from
the Ministry of Forestry in North Kali-
mantan, while in South Sumatra Wahli
and WBH are writing an objection let-
ter, as the District Head appointed a
company to manage an area of forest
planned for CBFM, even after the Min-
istry of Forestry approved an CBFM
application for the site.
There are currently a further 7 pro-
posed CBFM areas being finalised to
submit applications for legal recognition
as well as a number of advocacy ef-
forts to increase public awareness.
The Land Forest and Governance Index
(LFGI) was launched at the National
Conference on Land and Forest Govern-
ance (image at right).
The LFGI index measures quality of gov-
ernance through transparency, participa-
tion, accountability and coordination across
issues such as spatial planning, implemen-
tation of LULUCF-related government ser-
vices, and land use and forest monitoring.
8. 8
High Conservation Value Forest
SETAPAK News First Edition. February 2014.
“High Conservation Values (HCVs) are biological, ecological, social
or cultural values which are considered outstandingly significant or
critically important, at the national, regional or global level.”
STABIL have been continuing to develop associations with the palm oil private
sector, in an effort to protect high conservation value forests (HCVF).
On 1 November 2013, a workshop was held for palm oil stakeholders in East
Kalimantan on regulations related to certifying areas of HCVF. The workshop
aimed to illustrate the importance of involving local communities, which the
private sector has responded well to.
STABIL will partner with the East Kalimantan Plantation Agency to train more
stakeholders on implementing HCVF in palm oil concessions. STABIL will also
train local communities to monitor how palm oil companies protect HCVF.
STABIL also partnered with AMAN East Kalimantan, Nurani Perempuan,
WWF and APKASINDO to present the results of research in the form of a poli-
cy brief related to implementing HCVF in the palm oil plantation sector. The
policy brief will be presented to East Kalimantan Plantation Agencies to pro-
mote take-up of HCVF protection.
For more information on HCVF visit: http://www.hcvnetwork.org/ or http://wwf.panda.org/
what_we_do/how_we_work/conservation/forests/tools/hcvf_toolkit/
9. 9
SETAPAK News First Edition. February 2014.
Monitoring and Reporting
National and regional NGO’s monitoring and reporting initiatives
Reporting
With support from SETAPAK, Silvagama are developing a reporting mechanism
for forest and land use violations. “Indonesia Forest Monitoring” will allow local
regional offices to supply data such as: concessions, maps, permits and EIA doc-
ument. If the data is legitimate, the KPK will post it to the website
(www.kpk.go.id/imh). KPK will pursue any data that is potentially corrupt.
In East Kalimantan, Bumi/Jatam has launched a complaints office to report natu-
ral resource related violations. Reports can be made by SMS (0811 932 932), or
through the website http://borneo2020.org/ or Facebook www.facebook.com/
lapor.kasus
Monitoring
FWI is building a database to profile the
forest of West Kalimantan, East Kali-
mantan and South Sumatra. FWI along
with ICEL will continue to pursue the
Ministry of Forestry for land permit infor-
mation in order to complete the data-
base.
Sampan has created a website to report
and upload photos, videos and other in-
formation of activity not adhering to environmental law. Violations can be report-
ed on the website http://www.siarkalimantan.org/ or via SMS (0821 5564 1617).
Gemawan held a seminar to promote media coverage of forest and land issues,
in October 2013. Twenty-four senior representatives from all forms of media
made a commitment to better cover environmental and social issues.
Gemawan has also developed spatial data sharing system as well as establish-
ing a community forum to monitor forest and land use in Kapuas Hulu, through
two seminars in October 2013.
ICEL has developed a land use compliance review tool which enables compre-
hensive reviews of forestry, plantation and mining licenses, in order to identify
gaps in compliance.
10. 10
SETAPAK News First Edition. February 2014.
Emerging regions
In the recent months SETAPAK has commenced funding to a coalition number of coa-
litions in Central Sulawesi and Aceh...
Central Sulawesi: The three coalitions operating in Central Sulawesi are hosted by the
NGO’s; Sulawesi Community Foundation (SCF), Komunitas Peduli Perempuan dan Anak
(KPPA) and Yayasan Tanah Merdeka (YTM), all of which focus on land governance. These
organisations have similar aims, including; increased transparency of public information, ad-
vocating for policy to consider natural resources, encouraging environmental law enforce-
ment, strengthening public capacity through public participation and research and in-
vestigate to effect public policy.
Aceh: The national NGO, Transparency International Indonesia (TII) are currently managing
a grant for local coalition Koalisi Peduli Hutan Aceh (KPHA), to implement a program to pro-
mote civil society organizations involvement in Aceh’s spatial plan preparation pro-
cess. Due to the increased threat of deforestation in the area, SETAPAK will support local
initiatives that promote increased community involvement in land based spatial planning.
Research program
To support the contribution of the research sector to policy making, SETAPAK initiated a
competitive research grants program to fund provincial based research institutions to conduct
research on topics that explore connections between weak governance and drivers of forest
loss and peatlands degradation at the sub-national level in Indonesia. Epistema Institute, a
research organisation with expertise on environmental governance issues is working to sup-
port the research program by providing a quality control function and supporting a review sys-
tem for research grantees.
11. SETAPAK News First Edition. February 2014.
Research program
11
Research grants program grantees and research topics
Other studies underway
Four studies on implications of different types of concessions. Sajogyo Institute implementing
a research program which supports local researcher-activists to study the major land conces-
sion types driving deforestation. The topics of the four studies are coal mining in East Kaliman-
tan, palm oil concessions in West Kalimantan, timber plantations in South Sumatra, and eco-
system restoration in Jambi.
State revenue loss related to extractive industries. Article 33 will conduct a study on state loss-
es from the forestry and mining sectors, to evaluate revenue collection mechanisms to diag-
nose where the loopholes are occurring. The study will focus on four districts: Musi Banyuasin
in South Sumatra, Bulungan in North Kalimantan, Kutai Kartenegara in East Kalimantan, and
Ketapang in West Kalimantan.
Analysis of indigenous tenure issues and forest and agrarian rights. INSIST is currently under-
taking two studies. One is related to indigenous tenure issues, and analyses the impacts of
Constitutional Court decision 35/2012 which revised the Forestry Law to strengthen recogni-
tion of customary rights to forests. The second is more broadly on issues of forest and agrari-
an rights.
To provide feedback on this newsletter or ideas for future newsletters please contact Tessa Toumbourou at
tessa.toumbourou@asiafoundation.org
Research institution Research topic
Centre for Wetlands People and
Biodivesity, Tanjungpura Univer-
sity, West Kalimantan
Evaluating how the conservation district policy was communicated to the
public in Kapuas Hulu, West Kalimantan
Swandiri Institute, West Kaliman-
tan
Actor mapping: a case study of actors involved in decisions related to
converting forested areas to palm oil plantations in West Kalimantan
Kalimantan Nature Conservation,
West Kalimantan
Mapping high conservation value forest in palm oil plantation concession
areas in Sintang, West Kalimantan
Perkumpulan PENA, West Kali-
mantan
Understanding community management practices for mangroves in Ku-
bu Raya, West Kalimantan
Prakarsa Borneo, East Kaliman-
tan
Legal implications of permitting for coal mining in the state forest zone in
East Kalimantan
Centre for Social Forestry, Mula-
warman University, East Kali-
mantan
Integrating local communities into management systems for the Forest
Management Unit (KPH) in Berau, East Kalimantan
Pemali, South Sumatra Implementing mechanisms for Forest Management Units (KPH): case
study of the Lakitan Production KPH, South Sumatra
Spora, South Sumatra Understanding and overcoming agrarian conflict in Musi Banyuasin,
South Sumatra