REP107 Forest Protection and Local Development ,J Payne,Mar

SOUTH and CENTRAL KALIMANTAN PRODUCTION FOREST PROJECT
Jalan A. Yani, No. 37 (km35), Banjarbaru 70711, Indonesia
Tel. (62) 0511 781 975 – 979, Fax: (62) 0511 781 613
EUROPEAN COMMISSION – INDONESIA FOREST PROGRAMME
Forest Protection & Local
Development in upper Tabalong
Report No. 107
March 2002

Forest Protection & Local Development in upper Tabalong
Report No. 107 – March 2002
i
PREFACE
The South and Central Kalimantan Production Forest Project (SCKPFP) is a
technical co-operation project jointly funded, in terms of the financing
memorandum ALA/95/18, by the European Commission and by the Government
of the Republic of Indonesia through the Ministry of Forestry and Estate Crops
(MoFEC).
This report has been completed in accordance with the project Phase I Overall
Work Plan (OWP) and
in part fulfilment of Activity 6.4 , “To recommend any improvement to increase
the capacity of forest protection” ,
to achieve Result 6 “The forest ecosystem and associated ecosystems within the
project sites managed to maintain viability and diversity”
to realise the three-year project Phase I purpose, which is “SFM model developed
that incorporates the ITTO guidelines and principles developed and implemented in
the forestry operation of Aya Yayang and a central Kalimantan pilot concession.”
This report has been prepared with financial assistance from the Commission of the
European Communities. The opinions, views and recommendations expressed are
those of the author(s) and in no way reflect the official opinion of the Commission.
The report has been prepared by:
• Junaidi Payne (Ecologist)
The report is acknowledged and approved for circulation by the Project Co-
Directors when duly signed below.
Banjarbaru, March 2002
Dr. John Tew
International Co-Director
Dr. Silver Hutabarat
National Co-Director

ii
ACKNOWLEDGEMENTS
Thanks go to all those people who, directly or indirectly, provided information and
ideas contributing to the formulation of this report.
Front cover :
(top right) Forest clearance for rice planting and land claims in production forest in
the PT AYI area – however, HTI, transmigration scehemes and villages are also
shown as “production forest” on the current RTRWK for Tabalong, implying that
“production forest” can be used by anyone for any purpose.
(above left) Aerial view of extensive idle land between Tanjung and Panaan, a
result of past swidden farming without leaving forest cover on ridge tops, and
repeated fire. Certainty over land tenure and road access would help to stimulate
productive use. Potential uses of alang-alang grassland away from streams would
be tree crops and / or non-irrigated rice farming using the traditional “swidden”
system with long fallow periods.
(below) Land west of Hapit-Hapit, near Mahe, which was a rubber plantation in
colonial times (part of the New Hayup estate, between 1912 and 1930s), later
degraded to scrub and alang-alang, and more recently planted with oil palm. This
land has a HGK (Hak Guna Usaha) title covering 957 ha, but local people have
planted rubber (visible in background) and claim about 360 ha of the titled land.

iii
EXECUTIVE SUMMARY
This report looks at forest protection in the broad socio-economic context, and
seeks to identify a strategic approach for forest protection and economic
development in the upper Tabalong area.
The report argues that forest protection and economic development in upper
Tabalong are closely related, and that neither will be achieved unless steps are
initiated to provide security of land tenure.
Attempts to enforce laws will not be effective as long as forest land is regarded as
open access. Similarly, attempts to promote investment will not be effective as long
as tenure of specific land areas cannot be guaranteed by law and as long as land
owners cannot obtain credit by using land as collateral.
Forest protection should not be aimed at only some areas. All forest areas in upper
Tabalong are either under threat now, or will be in the future, from illegal logging,
ladang making, fire or mining. The issue is now how to retain as much forest as
possible and allow it to regenerate in order to fulfill the wider social functions
of water protection, supply of non timber forest products, and licensed timber
production that can be taxed for public welfare spending by local government,
and used for industry and employment.
The greatest single cause of forest loss in upper Tabalong over the period 1982 –
2002 appears to be due to deliberate conversion of natural forest to HTI and
transmigrasi schemes, neither of which have succeeded in their aims.
Droughts and fires served to reduce and degrade large areas of what was previously
forest land.
The original purpose of non-irrigated rice farming using a forest fallow system
(known as swidden farming) was to produce adequate amounts staple food in a
sustainable way in situations where prevailing topography, soils and rainfall
patterns rendered settled farming and irrigated rice fields either difficult,
impossible or unnecessary.
For many people now, production of rice from swidden farms is only one of
four potential economic benefits, the others being sale of timber from the site,
planting of rubber which may yield latex or wood for sale in the future, and
“proof” of “ownership” of the site.
Many thousands of hectares of idle land (which is neither under forest cover nor
planted productively) exist between Tanjung town and Panaan, in Kalimantan
Selatan (Kabupaten Tabalong) and Kalimantan Tengah (Kabupaten Barito Timur).
There are three major problems associated with making idle land productive :
road access, water supply and land tenure.
Most people in upper Tabalong are accustomed to the benefits of roads, and road
access will always be a key factor in making a decision on their future life. The
more that roads can be concentrated in areas most suitable for permanent human

iv
settlement the better. Similarly, the more roads that exist within forest areas, the
more certain it will be that the forest will disappear.
In much of upper Tabalong, the land is probably too high to be able to rely on
wells, and small streams dry out during dry periods. The development of
communities where a reliable water supply does not exist (e.g. along the road
between Kalingai and the PT AYI concession) makes no sense for anyone.
The pattern of settlement and land use which has emerged in upper Tabalong since
around 1970 depends too much on maintenance of roads built by PT AYI and HTI
management, on transmigration schemes of limited success, and on lack of law
enforcement.
The best long term land use away from permanent water courses consists of a
combination of forest, commercial scale plantations of robust tree crops for
wood and other purposes (e.g. oil palm) and swidden farming for hill rice
production.
A very significant underlying reason why economic development in upper
Tabalong has stagnated to an unsustainable dependency on never-ending
deforestation is the absence of an implemented, legally valid system of rights
relating to land use, ownership or transfer.
For farmers and plantation developers, possession of a valid land title represents a
means to raise credit or a loan for developing the land productively. A land title
also represents assurance that, in the future, the land can be sold at profit, and so
the land itself represents an investment as well as a means to generate regular
income.
A package of measures is needed to encourage people to settle in areas that
will be inhabitable in the long term and introduce the concept that natural
forests are no longer open-access resources available to anyone, but state
property to be protected and managed for public welfare.
The measures recommended include :

v
Measure Key points Relevant authorities
Revision of RTRW
Kabupaten Tabalong
Reflect a practical combination of
actual existing land use and an
optimum goal for the future
Pemda, BAPPEDA,
BIPHUT, Dinas
Kehutanan, MoF
Allocate specific areas for
swidden farming to those
communities which have
members who wish to
continue non-irrigated rice
farming
Allow the community to decide
internally how to allocate land
and rights for such farming
Pemda, Bupati, BPN,
the forestry, land and
agriculture authorities,
and BAPPEDA
One or two communities
already formally
recognised by government
to be selected as model
villages
Official village boundary to be
established, which should not
overlap with production forest or
protection forest, and within
which swidden farming will be
done
Pemda, Bupati, BPN,
the forestry, land,
agriculture and
community
development authorities,
and BAPPEDA
HTI boundaries to be
revised
Use consultative process with
local land claimants, if necessary
with cuts in HTI size. Boundaries
should be clearly marked with
“living fences” of prominent fast-
growing trees
Pemda , BPN and the
forestry and agricultural
authorities
A fresh initiative to help
break the current
unsustainable scenario
Possible examples : (a)
channeling Dana Reboisasi funds
to selected communities and
locations; (b) seeking foreign
funds for HTI; or (c) seeking an
outside investor in large scale oil
palm plantation for an area, but
only where land tenure is secure
Pemda, BPN and the
forestry and agricultural
authorities
The entire boundary of the
southern part of the PT
AYI HPH to be
demarcated
Plant with a robust “living fence”,
such as Acacia mangium trees
PT AYI, in
collaboration with
Pemda, BPN and the
forestry and land
authorities
Adoption of a sustainable
forest management (SFM)
by PT AYI (endorsed by
government)
SFM plan to be implemented by
PT AYI; dismissal of staff and
ejection of staff relatives who are
involved in activities relating to
illegal logging or farming in
forest areas in upper Tabalong
PT AYI, with input
from the forestry
authorities
Formal system of issuing
and registering land rights
to be introduced and
promoted
Appropriate opportunities should
be sought to commence
introduction into upper Tabalong
Bupati, BPN

vi
RINGKASAN (INDONESIAN SUMMARY)
Laporan ini menitikberatkan pada upaya perlindungan hutan lebih pada
konteks sosial ekonomi, dan mengidentifikasi pendekatan strategis terhadap
perlindungan hutan dan pembangunan ekonomi di Hulu Tabalong.
Dalam laporan ini tersurat bahwa perlindungan hutan dan pembangunan ekonomi
di Hulu Tabalong sangat terkait erat, dan bahwa takkan satupun dapat dicapai
kecuali ada upaya untuk menginisiasi kepastian lahan.
Upaya untuk menegakkan hukum tidak akan efektif selama kawasan hutan
merupakan daerah yang memiliki akses terbuka. Demikian pula upaya untuk
mempromosikan peluang investasi tidak akan efektif sepanjang kepastian beberapa
kawasan/ lahan tertentu tidak terjamin oleh hukum, dan sepanjang para pemiliknya
tidak memperoleh kredit yang menggunakan lahan sebagai jaminannya.
Perlindungan hutan tidak ditujukan pada beberapa kawasan saja. Namun semua
kawasan hutan di Hulu Tabalong, baik yang sedang terancam saat ini maupun di
masa mendatang, dari kegiatan penebangan liar, pembukaan ladang, kebakaran
hutan atau pertambangan. Permasalahannya saat ini adalah bagaimana
menjaga sebanyak mungkin kawasan hutan, dan membiarkannya
beregenerasi dalam memenuhi fungsi-fungsi sosial yang lebih luas terhadap
perlindungan air, pasokan HHBK, produksi kayu legal yang dapat
menghasilkan pajak bagi pemerintahan daerah untuk kesejahteraan publik,
serta dipergunakan untuk industri dan ketenaga kerjaan.
Sebab yang paling utama terhadap kehilangan hutan di Hulu Tabalong selama
kurun waktu 1982-2002 tampaknya lebih disebabkan oleh tujuan konversi hutan
alam menjadi HTI dan rencana transmigrasi, yang tidak pernah berhasil.
Kekeringan dan kebakaran dapat mengurangi dan menurunkan luas kawasan yang
semula merupakan kawasan hutan.
Tujuan utama ladang yang menggunakan sistem pemberaan hutan (kemudian
dikenal sebagai ladang berpindah) adalah untuk menghasilkan sejumlah bahan
pangan dalam tempo yang cepat dan mencukupi serta berkesinambungan, dalam
situasi di mana kondisi topografi yang ada, tanah dan curah hujan, menyebabkan
pertanian menetap dan persawahan sangat sulit, tidak mungkin bahkan tidak
penting untuk diterapkan.
Bagi sebagian orang saat ini, produksi beras dari ladang berpindah hanya
satu dari empat potensi keuntungan ekonomi. Lainnya adalah menjual kayu
dari hutan, menanam karet yang menghasilkan latex atau menjual kayunya di
masa depan, dan “mengakui kepemilikan” lahan tersebut.
Beribu-ribu hektar lahan tidur (dimana bukan saja di bawah tutupan hutan namun
juga yang secara produktif di tanami) terdapat di antara kota Tanjung dan Panaan,
di Kalimantan Selatan (Kabupaten Tabalong) dan di Kalimantan Tengah
(Kabupaten Barito Timur). Terdapat tiga permasalahan utama yang
menyebabkan lahan tidur menjadi tidak produktif: akses jalan, pasokan air,
dan kepastian lahan.

vii
Umumnya masyarakat di Hulu Tabalong memahami manfaat jalan, dan akses jalan
akan selalu menjadi faktor kunci dalam membuat keputusan bagi hari depan
mereka. Selebihnya bahwa jalan-jalan tersebut dapat dipusatkan dalam kawasan
yang sesuai bagi pemukiman tetap yang lebih baik. Demikian pula, jalan-jalan
yang terdapat di dalam kawasan hutan, lebih menjamin kehilangan hutan.
Kebanyakan lahan di Hulu Tabalong, kemungkinan terlalu tinggi untuk membuat
sumur, serta aliran sungai kecil yang sering mengering selama musim kemarau.
Pembangunan masyarakat dimana tidak terdapat pasokan air yang baik (contohnya
sepanjang jalan antara Kalingai dan HPH PT AYI) tidak memiliki manfaat
sedikitpun kepada setiap orang.
Pemukiman dan pemanfaatan lahan yang terdapat di Hulu Tabalong sejak 1970
sangat bergantung pada pemeliharaan badan jalan yang dilakukan oleh PT AYI dan
manajemen HTI, juga pada program transmigrasi yang terbatas keberhasilannya,
dan pada kurangnya penegakkan hukum.
Pemanfaatan lahan terbaik untuk jangka panjang bagi daerah yang jauh dari
sumber air permanen adalah dengan kombinasi hutan dan penanaman
berskala komersial tanaman kayu dan lainnya (misalnya sawit) serta
perladangan berpindah untuk produksi padi gunung.
Alasan yang sangat signifikan mengapa pembangunan ekonomi di Hulu
Tabalong terhambat pada ketergantungan yang tidak lestari pada deforestasi
yang tak berakhir adalah ketiadaan sistem baku yang absah terhadap hak-
hak yang terkait dengan pemanfaatan lahan, kepemilikan atau peralihan.
Bagi petani dan pengembang penanaman, pengakuan kepemilikan lahan yang
absah memberikan makna untuk memperoleh kredit atau pinjaman untuk
mengembangkan lahan yang lebih produktif. Pengakuan lahan juga memberikan
makna jaminan bahwa di masa mendatang lahan dapat dijual untuk mendatangkan
keuntungan, dan lahan itu sendiri bermakna investasi yang juga berarti
meningkatkan pendapatan.
Sejumlah upaya diperlukan untuk memastikan masyarakat tetap tinggal di
daerah tersebut yang dapat dihuni dalam jangka waktu lama, serta
memperkenalkan konsep-konsep bahwa hutan alam bukan lagi merupakan
sumberdaya yang dapat diakses secara terbuka bagi semua orang, tetapi
merupakan hak milik negara yang harus dilindungi dan dikelola untuk
kesejahteraan umat.
Upaya-upaya ini merekomendasikan:

viii
Upaya “Key points” Pihak yang berwenang /
terkait
Revisi RTRW Kabupaten
Tabalong
Mencerminkan kombinasi praktis
terhadap pemanfaatan lahan yang ada
dan tujuan optimal bagi masa depan
Pemda, BAPPEDA,
BIPHUT, Dinas
Kehutanan, MoF
Alokasi kawasan tertentu
untuk perladangan
berpindah bagi masyarakat
yang berharap melanjutkan
pertanian lahan kering
Membiarkan masyarakat untuk
memutuskan secara internal
bagaimana mengalokasikan lahan dan
hak-hak terhadap pertanian
Pemda, Bupati, Kehutanan,
BPN, Pertanian dan
Pembangunan Masyarakat
Desa (PMD) serta
BAPPEDA
Satu atau dua komunitas
secara formal sudah diakui
oleh pemerintah untuk
dipilih sebagai desa model
Batas resmi desa akan ditetapkan,
yang tidak tumpang tindih dengan
hutan produksi atau hutan lindung
serta pada daerah mana pertanian
berpindah dapat dilakukan
Pemda, Bupati, Kehutanan,
BPN, Pertanian dan
Pembangunan Masyarakat
Desa (PMD) serta
BAPPEDA
Batas HTI harus direvisi Melalui proses konsultatif dengan
para pemilik lahan lokal, jika
dipandang perlu, dengan mengurangi
luasan HTI. Batas harus diberikan
tanda yang jelas, dan dapat dilakukan
dengan menanam “batas hidup” dari
jenis pohon cepat tumbuh
Pemda, BPN, Kehutanan
dan Pertanian
Gagasan yang segar dapat
membantu memecahkan
skenario ketidaklestarian
yang ada saat ini
Seperti : [a] mengarahkan Dana
Reboisasi untuk masyarakat dan
lokasi terpilih; (b) mencari dana asing
untuk HTI; atau (c) mencari investor
luar untuk menanam kelapa sawit
berskala besar namun hanya untuk
lokasi-lokasi yang memiliki kepastian
lahan yang terjamin
Pemda, BPN, Kehutanan
dan Pertanian
Seluruh batas bagian
selatan HPH PR AYI harus
diperjelas di lapangan
Ditanami dengan “batas hidup”,
seperti pohon Acacia mangium.
PT AYI bekerjasama
dengan Pemda, Kehutanan
dan BPN
Rencana pengelolaan hutan
lestari (PHL) untuk HPH
PT AYI, yang diakui oleh
pemerintah
Pelaksanaan rencana PHL oleh PT
AYI; pemutusan hubungan kerja bagi
staf yang terlibat dalam kegiatan
penebangan liar atau perladangan
dalam kawasan hutan di Hulu
Tabalong
PT AYI dengan masukan
dari Kehutanan.
Sistem formal dalam
memutuskan dan
mendaftar hak lahan perlu
diperkenalkan dan
dipromosikan
Sebaiknya, peluang yang sesuai
dimanfaatkan untuk mempromosikan
hal tersebut di atas di Hulu Tabalong
Bupati, BPN

ix
ABBREVIATIONS AND ACRONYMS
AYI PT Aya Yayang Indonesia (project forest concession partner)
BAPPEDA Badan Perencanaan Daerah (=Local Planning Board, can be provincial or district)
BPN Badan Pertanahan Nasional (national land agency)
HPH Hak Pengusahaan Hutan (= Forest Concession Right)
HTI Hutan Tanaman Industri (= Industrial Tree Plantation)
ladang non-irrigated rice farms, usually planted with rubber after one or two harvests
MoF Ministry of Forestry (Kementerian Kehutanan)
PEMDA
RTRWK
RTRWP
Pemerintah Daerah (=Local Government)
Rencana Tata Ruang Wilayah Kabupaten (district land use plan)
Rencana Tata Ruang Wilayah Propinsi (provincial land use plan)
SCKPFP South/Central Kalimantan Production Forest Programme

x
Table of Contents
PREFACE..................................................................................................................................................................................i
ACKNOWLEDGEMENTS......................................................................................................................................................ii
EXECUTIVE SUMMARY .....................................................................................................................................................iii
RINGKASAN (Indonesian Summary) ....................................................................................................................................vi
ABBREVIATIONS AND ACRONYMS................................................................................................................................ix
1 INTRODUCTION............................................................................................................................................1
1.1 Background .....................................................................................................................................................1
1.2 Aims................................................................................................................................................................1
2 METHODS .......................................................................................................................................................2
3 RESULTS & DISCUSSION............................................................................................................................3
3.1 Which forests need protection in upper Tabalong?.........................................................................................3
3.2 Why forests are unprotected............................................................................................................................3
3.3 Major cause of forest loss................................................................................................................................3
3.4 El Nino related drought and fire......................................................................................................................4
3.5 “Shifting cultivation” ......................................................................................................................................4
3.6 Idle land...........................................................................................................................................................5
3.7 Road access.....................................................................................................................................................5
3.8 Domestic water supply....................................................................................................................................5
3.9 Roads, water supply and sustainable pattern of land use.................................................................................6
3.10 Land tenure......................................................................................................................................................6
4 CONCLUSIONS ..............................................................................................................................................8
5 RECOMMENDATIONS.................................................................................................................................9
5.1 RTRW (land use plan).....................................................................................................................................9
5.2 “Shifting cultivation” ......................................................................................................................................9
5.3 “Model rural villages”.....................................................................................................................................9
5.4 Resolution of HTI boundaries.......................................................................................................................10
5.5 Seek an “anchor” investor / tenant ................................................................................................................10
5.6 Boundary demarcation of the PT AYI HPH area..........................................................................................11
5.7 Sustainable forest management by PT AYI ..................................................................................................11
5.8 Introduction of a proper system of registered land titles...............................................................................11
6 REFERENCES...............................................................................................................................................13
List of Appendices
Appendix 1 Land tenure, forest protection and land development ........................................................................................14

1
1 INTRODUCTION
1.1 Background
This report refers to the catchment area of the upper Tabalong River in general,
including land in Central Kalimantan which encompasses the area between Desa
Bentot and Desa Jango towards the Tabalong Kiwa River, as well as parts of rivers
which have their headwaters in South Kalimantan, but flow into Central and East
Kalimantan.
The rate of removal of timber from the remaining accessible forests of upper
Tabalong by illegal operators is well above possible sustainable amounts (Payne
2002). People from communities in Kabupaten Tabalong (South Kalimantan) and
Kecamatan Petangkep Tutui (Central Kalimantan) enter freely into the PT AYI
forest concession to clear forest for rice farms, and for planting rubber with a view
to then claiming ownership of the land (Payne & Subekti, 2000). While the process
of determining optimum boundaries for protection forest and production forest in
upper Tabalong proceeds through the proper legal and administrative procedures,
illegal loggers and farmers enter the area unimpeded to fell timber or farm
wherever they wish.
The issue of forest protection in upper Tabalong is now far removed from whether
there are adequate laws and how they might be better enforced. The issues of law
and enforcement have become uncoupled form reality on the ground.
The prospects for protecting forest in upper Tabalong thus seem bleak unless some
fundamental changes are made. Are changes possible and what might they be?
1.2 Aims
This report aims to :
- look at forest protection in the broad socio-economic context of upper
Tabalong;
- identify a strategic approach for forest protection and economic development
in the upper Tabalong area; and
- propose actions to initiate implementation of a strategy.

2
2 METHODS
Existing laws, regulations and RTRW maps relating to land, forest and rural
communities were reviewed.
Notes on field visits to upper Tabalong made by the Ecologist over the period April
1999 – February 2002 were reviewed. These visits covered many parts of the PT
AYI forest concession on foot and by ketinting boat, four HTI areas (Aya Yayang
Indonesia, Jenggala Semesta, Hutan Sembada and Tricorindo), most roads
accessible to four wheel drive vehicle in the upper Tabalong area during 1999-
2002, and many villages including Hegarmanah, Dambung Raya (including
Missim), Panaan (including Kuari and Kalingai), Amparibura, Bentot, Jango,
Mahe, Kumap, Muarauya, Salikong and Santuun.
Notes and minutes of formal and informal meetings, involving SCKPFP, held with
relevant authorities and stakeholders during 1999 – 2002, were examined.
Relevant SCKPFP specialist reports were reviewed.
Changes in forest cover over the period pre-1983 (as shown on the 1:50,000 scale
topographical maps dated 1984) to year 2001 (satellite imagery) were compared.

3
3 RESULTS & DISCUSSION
3.1 Which forests need protection in upper Tabalong?
Result All forest areas are either under threat now, or will be in the future, from
illegal logging, ladang making, fire or mining. There is little point in trying to
protect some areas (such as accessible “protection forests” which are mostly devoid
of forest cover) but ignoring others (such as production forests accessible by road).
Discussion Whether a particular forest area is classified as protection, production
or limited production, and whether it is within a current HPH area or not, are no
longer significant issues in relation to forest protection. The issue is now how to
retain as much as possible of any remaining natural forest, whatever its condition,
and allow it to regenerate in order to fulfill the wider social functions of water
protection, supply of non timber forest products, and licensed timber production
that can be taxed for public welfare spending by local government.
3.2 Why forests are unprotected
Result Apart from lack of law enforcement, the following represent the main
reasons why forests are not being protected in upper Tabalong : (1) a long history
of local society in general treating all natural forest as an open access resource
(Appendix 1), (2) an unchallenged view held by almost all sectors of society that
whoever clears any forest and plants the cleared land, owns that land, (3) a narrow
economic base in Tabalong district rooted in a history of timber, rubber and fossil
fuels (formerly mainly petroleum, now coal) and, accordingly, limited money-
earning opportunities, especially for young men, (4) widespread disbelief amongst
local residents of the sincerity or ability of PT. AYI to carry out sustainable forest
management (based on performance since 1974), (5) existence of a well-
established chain of persons in South Kalimantan running the trade in timber
obtained illegally from upper Tabalong, and (6) a low profile approach by
government (e.g. few notice boards or briefings, no warnings to ladang makers in
production forest).
Discussion All “state forest land” must have a properly demarcated and recorded
boundary, and the forest land should be regarded as a “reserve”, to be managed by
government for the benefit of the people in general, and not available for private
ownership. This concept is currently not understood by most people in Tabalong,
including many government staff, some of who speak loosely of “the Aya Yayang
forest” as if the forest owned by a company and as if the land is available to anyone
else.
3.3 Major cause of forest loss
Result There are clearly many causes of forest loss in upper Tabalong. However,
based on inspection of the 1983 topographical maps and year 2000 satellite
imagery, the greatest single cause of forest loss in upper Tabalong over the period
1982 – 2002 appears to be due to deliberate conversion of natural forest to HTI and
transmigrasi schemes (Maps 1 & 2). Unfortunately, the original aims of (a)

4
developing large areas of industrial wood production and (b) providing permanent
resettlement of poor families have not succeeded.
Discussion Viewed from the local perspective, the whole process has served to
show that government and PT AYI have been allowed to destroy large forest areas
(perhaps 30,000 hectares) in a way that provided and continues to provide very
little benefit to local communities.
3.4 El Nino related drought and fire
Result Although satellite imagery was not available for the period 1982 (the first
major El Nino fire period) to 1997 (the second major El Nino fire period), it is
clear that these droughts and fires served to reduce and degrade large areas of what
was previously forest land as well as some HTI land and farms. The extent of
major fire damage to forest seems to be related very closely to a combination of
intensive human presence and forest condition at the time of the fire. For example,
according to local informants, an old road west of the Kumap river was re-opened
and re-logged in 1997, just prior to the main El Nino fires, and this road helped to
spread fire from the Kumap settlement far up the Kumap valley into the PT AYI
area, seriously degrading much regenerating forest in the eastern part of the
concession. Roads facilitated spread of fire in some places, but not all. The forest
along the PT AYI road north of km 54 escaped serious fire, and the roadless
limestone hills along the Ayu River suffered serious fire. There are numerous signs
of localised fires in parts of the PT AYI concession, presumably due to careless use
of cigarettes and camp fires.
Discussion Tall regenerating forest far from roads and human communities have
the best prospects of surviving drought and fire. Degraded forest near to roads and
many people are at high risk of damage from fire during El Nino periods. Other
factors being equal, vegetation on limestone is the most susceptible to fire.
3.5 “Shifting cultivation”
Result The original purpose of non-irrigated rice farming using a forest fallow
system (known as swidden farming) was to produce adequate amounts staple food
in a sustainable way in situations where prevailing topography, soils and rainfall
patterns rendered settled farming and irrigated rice fields either difficult,
impossible or unnecessary.
Many families in the area between Tanjung and PT AYI concession continue with
swidden cultivation of rice in ways that have no or minimal implications on forest
protection. Felling rubber gardens to plant non-irrigated rice is surprisingly often
seen, the rubber having served as a sign of land ownership and the wood used or
sold for firewood or other purposes. Although weeding of non-irrigated rice on
former alang-alang and scrub land is onerous, this is also quite commonly seen in
Kabupaten Tabalong.
However, for many people and in many localities, the nature of non-irrigated rice
farming has changed in upper Tabalong to something different. Now, the main
features of hill rice farming are : (a) anyone can try it wherever they wish as long
as the current vegetation is forest (i.e. where there is no pre-existing land claim),

5
(b) the key determinant of choice of site is proximity to a road, so that they can
access the site on a motor vehicle, and (c) production of rice is only one of four
potential economic benefits, the others being sale of timber from the site, planting
of rubber which may yield latex or wood for sale in the future, and “proof” of
“ownership” of the site.
The general concensus locally now appears to be that nothing can be done to stop
this trend, and some government officials appear to support the trend of local
people entering and clearing natural forest, on the grounds that they have no
alternative and that rubber is a tree crop.
Discussion“Shifting cultivation” is seen as such an intractable problem that the
tendency seems to be towards ignoring it or accepting it. But “shifting cultivation”
has to be addressed, otherwise (a) the families practising it will continue to be poor
and (b) most of upper Tabalong is at risk of becoming abandoned rubber planting
and scrub.
3.6 Idle land
Result Idle land refers to land which is neither under forest cover nor farmed
productively, and is typically covered in scrub and grassland, with some untended
rubber and fruits trees, too far from a road to be harvested. There are large areas of
idle land between Tanjung town and Panaan. If the area between the villages of
Siong, Salikung, Solan, Santuun, Hapi Hapit and Bentot are considered (Map 1),
there are many thousands of hectares of totally unproductive land and tens of
thousands of hectares of under-utilised land, in both South and Central Klaimantan.
Much of this land may be within areas allocated to HTI and most is probably
claimed by someone, on the grounds that they or their ancestors once farmed there.
Nevertheless, all this land is unproductive or under-productive and is likely to
remain so unless new initiatives are taken to utilise it.
Discussion There are three major problems associated with making idle land
productive : road access (3.7), water supply (3.8, 3.9) and land tenure (3.10).
3.7 Road access
Result As time goes on, fewer families will be willing to exist as subsistence
farmers. Most people in upper Tabalong are accustomed to the benefits of roads,
and road access will always be a key factor in making a decision on their future
life.
Discussion The more that roads can be concentrated in areas most suitable for
permanent human settlement the better. Similarly, the more roads that exist within
forest areas, the more certain it will be that the forest will disappear.
3.8 Domestic water supply
Result Until the building of roads in the hills of upper Tabalong by logging
companies, all communities lived near rivers or permanent streams. Now, if there
is no stream or spring nearby, people are willing to settle along roads and bring in
water on motor vehicles, or travel by road to water sources. In much of upper

6
Tabalong, the land is probably too high to be able to rely on wells, and small
streams dry out during dry periods.
Discussion A reliable water source for domestic use is essential to permanent
human settlement. There are no prospects for a piped water supply along all roads
and to all communities in upper Tabalong. The development of communities where
a reliable water supply does not exist (e.g. along the road between Kalingai and the
PT AYI concession) makes no sense for anyone.
3.9 Roads, water supply and sustainable pattern of land use
Result The pattern of settlement and land use which has emerged in upper
Tabalong since around 1970 depends too much on maintenance of roads built by
PT AYI and HTI management, on transmigration schemes of limited success, and
on lack of law enforcement.
Discussion In view of the need for a reliable domestic water supply, which may not
exist over much of the land arrea in upper Tabalong, and the fact that soils away
from alluvial riversides are marginal or impossible for intensive farming, the best
long term land use in upper Tabalong away from permanent water courses consists
of a planned combination of (a) protection forest, (b) production forest, (c)
industrial tree plantations for wood production, (d) commercial scale plantations of
robust tree crops (e.g. oil palm) and (e) traditional swidden farming for hill rice
production with a fallow system involving either natural regrowth or planted
timber trees.
3.10 Land tenure
Result There are two main sorts of system relating to land rights operating in upper
Tabalong. One is that anyone who plants crops, notably rubber and fruit trees, is
recognised by other residents of the area to be the owner of that land and its crop
plants. This is rooted in the traditional adat system of recognising land ownership,
but has no validity in Indonesian law, and is increasingly unsatisfactory as waves
of immigrants have entered the area and some original families left and settled
elsewhere. No written records are involved. The system served people well in the
past, but will not serve them well in the future. The other system is that of
“certificates” which are issued by local community leaders to known local
residents, stating that they own or have rights to certain land areas. This system is
no more satisfactory than the unwritten adat-based system because (a) it is not
valid under Indonesian law, (2) the “certificate” is not held by any permanent
centralised authority and may be either lost or forged, (3) the system is open to
abuse by patronage of favoured individuals, and (4) the certificate is not recognised
by banks or other financial institutions so cannot be used to raise credit.
Discussion In practice, no-one living in upper Tabalong has secure tenure over the
land that they occupy or farm (Appendix 1).
A very significant underlying reason why economic development in upper
Tabalong has stagnated to an unsustainable dependency on never-ending
deforestation is the absence of an implemented, legally valid system of rights
relating to land use, ownership or transfer (Appendix 1).

7
For farmers and plantation developers, possession of a valid land title represents a
means to raise credit or a loan for developing the land productively. A land title
also represents assurance that, in the future, the land can be sold at profit, and so
the land itself represents an investment as well as a means to generate regular
income.
The land title might be in perpetuity or for a specified period, with an option to
extend. It does not matter which, as long as (a) the boundary is accurately mapped,
with permanent boundary markers in the ground and the map accurately reflects
that boundary on the ground, (b) the period of the title is at least several tens of
years, (c) the title is issued according to the provisions of a law and (d) the title is
registered with a proper government authority.

8
4 CONCLUSIONS
Forest protection and economic development in upper Tabalong can be viewed as
two sides of the same coin. Neither will be solved independently. Forest protection
will not come about merely by hoping for law enforcement (although that would go
a long way to helping save forests). Economic development will not happen merely
by hoping for more investment.
A major root cause of failure in both areas (forest protection and economic
development) is the lack of security over land tenure. No-one, whether a small-
scale farmer, plantation developer or government agency will bother to invest time
and money in protecting, developing or maintaining a particular land area,
whatever the vegetation type, if they have no guaranteed security of tenure over the
land.
A package of measures is needed to encourage people to (a) settle in areas that will
be inhabitable in the long term (i.e. with fertile soils, road access and water supply)
and (b) introduce the concept that natural forests are no longer open-access
resources available to anyone, but state property to be protected and managed for
public welfare. However, swidden farming to produce rice cannot be ignored or
unreasonably discouraged, because many families wish to continue this system for
cultural as well as practical economic reasons. Yet again, the solution has to be
through identifying specific areas and granting appropriate land rights to rice
farming communities.

9
5 RECOMMENDATIONS
All the following recommendations involve working towards a secure land tenure
system and more stable pattern of land use throughout upper Tabalong. All of them
share the same goal, and any of them can be initiated any time, in whatever way
may be deemed appropriate for local conditions. Implementation of just some of
them will be beneficial. These points represent the “why”, “where” and “when” of
the recommendations.
5.1 RTRW (land use plan)
What? The RTRW for Kabupaten Tabalong should be revised to reflect a
practical combination of actual existing land use and an optimum goal for the
future. Well-established realities such as villages on productive soils with road
access and HTI should be mapped as such, and not as “production forest”, as
appears on the current RTRW.
How & who? The process should be led by the relevant authorities including
Pemda, BAPPEDA, BIPHUT, Dinas Kehutanan and Ministry of Forestry. SCKPFP
should be willing to provide technical assistance if requested.
5.2 “Shifting cultivation”
What? There is endless debate over “shifting cultivation”. A key problem is that it
is illegal in production and protection forests, and does not fit into the common
government concept of villages and settled farming. Everyone agrees that no law or
policy will halt “shifting cultivation” during this generation or next (although it
may decline naturally as younger people leave rural communities). The solution,
therefore, is to allocate specific areas for swidden farming to those communities
which have members who wish to continue non-irrigated rice farming, and
allow the community to decide internally how to allocate land and rights for
such farming.
How & who? First, the concept requires endorsement by Pemda that it can be
implemented within the Kabupaten. Then, the process should be led by the Bupati,
with particular input from the forestry, land and agriculture authorities and
BAPPEDA. SCKPFP should be willing to provide assistance in facilitating the
process if requested. The concept could be introduced in the framework of “model
rural villages” (5.3).
5.3 “Model rural villages”
What? One or two communities already formally recognised by government
should be selected as model villages with the following features and goals :
- the village(s) should be well-established and on relatively fertile soils with
reliable water supplies, and good prospects for rebuilding and maintaining
abandoned access roads, in order to provide a sound basis for long-term

10
sustainability of diverse agricultural production for commercial sale (Salikong
and Dambung Raya would be suitable candidates)
- to formally establish an official village boundary, which should not
overlap with production forest or protection forest;
- to permit non-irrigated rice farming within, but not outside the village
boundary, with protocols and rules for this swidden farming to be
developed and agreed within that community;
- if appropriate, to reach an agreement between the community and government
over what rights, if any, the community shall have over harvesting of forest
products from adjacent production forest, for sale.
How & who? The original idea for a “model village” in upper Tabalong was
proposed by Bupati Tablong to SCKPFP at an informal meeting (31 July 2001).
The process should be led by Pemda Tabalong, with particular input from
BAPPEDA and the forestry, agricultural, land and community development &
welfare authorities. SCKPFP should be willing to provide technical assistance if
requested.
5.4 Resolution of HTI boundaries
What? As long as the boundaries of HTI Aya Yayang Indonesia (=HTI Murni),
HTI Jenggala Semesta, HTI Hutan Sembada and HTI Tricorindo remain uncertain,
then farmers will continue to encroach and claim land, and the investors and
managers will continue to have little incentive to plant and maintain trees to
harvestable size. The HTI boundaries must be revised, through a consultative
process with local land claimants, if necessary with cuts in size. Boundaries
should be clearly marked, and this could be done with “living fences” of
prominent fats-growing trees. In the opinion of the SCKPFP Ecologist, while
planting trees for wood production should remain a priority in HTI, the opportunity
should be granted to plant other crops (such as oil palm) if it can be demonstrated
that such other crops are needed to develop a financially viable plan.
How & who? The process should be led by Pemda, with particular input from the
forestry and agricultural authorities. SCKPFP should be willing to provide
technical assistance. The relevant local governments must be bold in asserting and
supporting the boundaries once they have been agreed.
5.5 Seek an “anchor” investor / tenant
What? There are currently limited options for new economic development in upper
Tabalong other than forestry, agriculture and mining. However, some form of
fresh initiative would be beneficial in helping to break from the current
unsustainable scenario of illegal logging, forest encroachment and subsistence
farming, which will ultimately result in no forest and yet more subsistence farmers.
Possible options might include (a) channelling Dana Reboisasi funds to selected
communities and locations where land tenure is secure (e.g. a model village;
section 5.2); (b) seeking foreign funds for HTI where land tenure is secure; or

11
(c) seeking an outside investor in large scale oil palm plantation for an area
where land tenure is secure.
How & who? The process should be led by Pemda, with particular input from the
forestry and agricultural authorities. Pemda must be willing to assert and support
security of land tenure for the chosen areas, once they have been agreed. SCKPFP
may be able to assist in identifying potential investors or sources of funds.
5.6 Boundary demarcation of the PT AYI HPH area
What? Whether or not the reason given is always genuine, people involved in
ladang making frequently state that they do not know the location of the PT AYI
HPH boundary. Indeed, the boundary of the PT AYI HPH is either unclear or will
eventually become unclear in many places. The entire boundary of the southern
part of the HPH should be cut and planted with a robust “living fence”, such
as Acacia mangium trees.
How & who? The onus is on PT AYI, but the work should be done in collaboration
with Pemda and the forestry and land authorities in order to identify and resolve
disputed sites. SCKPFP could potentially assist in conflict resolution.
5.7 Sustainable forest management by PT AYI
What? PT AYI has to demonstrate to all local stakeholders that it is serious about
trying to manage its HPH for the main purpose of a sustainable annual cut of
commercial timber.
This must be done via at least the following measures :
- development of a sustainable forest management (SFM) plan that is
endorsed by government;
- implementation of a SFM plan that is endorsed by government; and
- dismissal of staff and ejection of staff relatives who are involved in
activities relating to illegal logging or farming in forest areas in upper
Tabalong.
How & who? The onus is on PT AYI, although some allowance must be made for
absence of law enforcement by government within the HPH area. Assistance in
development and implementation of the SFM plan represents a key aim of
SCKPFP.
5.8 Introduction of a proper system of registered land titles
What? Introduction of the formal system of issuing and registering land rights
to rural farmers in Kalimantan, according to the provisions of the Basic Agrarian
Law (5/1960), cannot be done quickly, or necessarily in any planned or organized
manner. However, it needs to be introduced and promoted at some time,
otherwise rural people will remain as subsistence farmers with no valid land rights.

12
It would be beneficial if the Basic Agrarian Law can be revised to address its
weaknesses (see Appendix 1).
How & who? Appropriate opportunities should be sought to commence
introduction into upper Tabalong of the concept of properly registered land titles
and land demarcation. The Bupati and BPN will need to take lead roles.

13
6 References
Payne, J 2002 Amounts, impacts & implications of illegal timber removal from the PT.
AYI forest concession, 1999-2002. Forest Management, Industry &
Economics and Environmental Working Paper No.1.
Payne, J & Subekti, A 2000 Inventory of year 2000 ladang incursion along the main road
of PT Aya Yayang Indonesia production forest concession.
Environmental Working Paper No.15.

14
Appendix 1
Land tenure, forest protection and land
development

15
Land tenure, forest protection and land development
Why is forest disappearing in upper Tabalong, and why is there no progress in
economic development for local people? Essentially, because the forests are
supposed to be held in trust by the state for the benefit of the people in general,
through management for protective purposes and for production of timber and
other resources. Instead, this is interpreted as “forests are open access”, which will
inevitably lead eventually to degradation and loss of all forests.
Why does robbery and burglary occur? Essentially, because something owned by
someone is taken by someone else who expects that he can “get away with it”.
With this sort of theft, almost everyone would say that it is inherently wrong and
that effort must be devoted to reduce or stop it. Not so many people agree
completely, however, that illegal logging and farming in state forests is wrong.
Those who do agree may be concerned more with possible links with landslides,
water quality and floods.
The difference between the two scenarios lies in property rights. No-one invested
time, money and care into making and maintaining forests and trees. At least one
person invested all those things in making a home or acquiring property.
Common recognition and protection of property rights, by government,
organisations and individuals, is essential to developing and maintaining both a
functioning society and an economy with potential to expand and diversify.
Currently, in upper Tabalong there appears to be widespread agreement that
property rights are held over (for example) rubber trees and the land on which they
are planted, by the person who planted the trees, even though there is no basis for
this under Indonesian law, and no register of the planter, planting or land location.
On the other hand, it appears that forest and the land on which it is situated are
widely regarded as an open access resource. These statements are based on many
conversations with local residents, and meetings involving government agencies
(notably a meeting on solving the issue of ladangs in the PT AYI concession,
Tanjung, 22 August 2001).
Outside the more densely populated areas in Kalimantan, there is no commonly
agreed system for land and forest tenure. The Basic Agrarian Law (5/1960) has not
been utilised to establish the legal status of the majority of land in Kalimantan.
This Law does not allow for the reservation of specific forest land areas for
permanent forestry or conservation purposes. This omission can be used to argue
that all forest land is potentially available for rural people to use, and the term
“use” can be interpreted as non-irrigated rice farming. Traditional Kalimantan
farming involving land under fallow, which has probably operated well for a few
thousand years, yet this is not addressed specifically in this Law; and no specific
means are provided to determine what is “adat” land. Right of land ownership is
allowed for rural farmers (Part III), but by a tradition which has evolved since
1960, this seems to be considered appropriate only if a person has remained on a
specific plot for more than 20 years. Companies are allowed a “right of use” lease
of up to 35 years, but this is equivalent to perhaps less than two crop rotations
It is the absence of a legally valid and commonly agreed system for deciding,
defining, demarcating or recording land rights which represents perhaps the most
fundamental reason why forest degradation and loss occurs, and why rural farming
lacks investment and is unsustainable (see diagram, next page).

16
WHY THE ABSENCE OF AN AGREED & LEGALLY VALID LAND TENURE SYSTEM HELPS
TO SUSTAIN DEFORESTATION & POVERTY OF RURAL FARMERS IN KALIMANTAN
Economic
diversification
remains minimal
Rural farmers continue making new plots
in forest & remain at subsistence level
Illegal logging continues & is not
regarded as illegal by rural people
Large
plantations
not viable
Industrial
tree
plantations
not
maintained
&
subsistence
farmers
continue to
encroach
Idle land
remains
wide-
spread
No
investment
in large-
scale
plantations
in areas
where rural
farmers exist
Local : rural communities
adopt a system of land
rights which has no basis
in law & does not include
reliable registration
National : Basic Agrarian
Law vague on forest land,
reserving land for forestry
purposes, community and
adat land
Province/Kabupaten : RTRW maps
indicate approved land use
approximately, & at 1:100,000 scale.
Precise extent of intended land use at
better scale does not exist.
No commonly agreed & legally valid system for deciding, defining, demarcating & recording land rights
Village
residents
unwilling to
invest in
activities
that require
all weather
road access
No
incentive
to invest
in
building
roads to
rural
villages
Rural
village
boundaries
remain
uncertain &
not marked
Legal status of
land supporting
rural
communities is
unresolved
Rural farmers
prefer clearing
many separate
forest areas as a
sign of
ownership
(dubious claims
over many plots
is equivalent to
certain
ownership of one
plot)
Natural forest
in weak
position (forest
easily
converted, but
non-forest
cannot be
converted back
to forest
Everyone argues
for their interests
amid legal
uncertainty
No concept of
“forest reserves”
owned by the State
for public welfare &
tax revenue
Government
forestry
agencies have
unclear
authority & low
incentive to
protect specific
areas
Lack of land title
prevents farmers from
obtaining credit or loans
No
means or
incentive
to
intensify
use of
one plot
Government
in weak
position to
determine &
protect
forests
Trees
felled and
forest
cleared by
local
residents
&
migrants
Debate
over adat
rights to
forest land
remains
unresolved
Adat
land
cannot
be
defined
Natural
forest
regarded as
open access
by rural
people

REP107 Forest Protection and Local Development ,J Payne,Mar

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