Regulation/Policy Issue Relevance to REDD+ Relevant E&S Risks
P.84/2015 to implementation
Conflict resolution in non-forest areas (Other Use/APL)
Implementation of conflict resolution mechanism by the Estate Crops Agency and Environmental Agency does not allow concerted efforts on conflict resolutions in APL
FGRM and conflict resolution mechanism to ensure “clean-and- clear” conditions prior to the implementation
Access restrictions
Overlapping land uses
Gender and social exclusions
FGRM Lack of regulation that
leads to an integrated FGRM mechanism (i.e., forest and other use areas)
FGRM and conflict resolution mechanism to ensure “clean-and- clear” conditions prior to implementation
Unresolved conflicts and disputes
Accumulation of conflicts and disputes Land for Agrarian
Reform Program
Requires careful interpretation of Presidential Regulation No. 88/2017
Preventing deforestation and degradation triggered by land conversion within forest area
Forest conversion for agricultural practices
Land grabbing
Provincial Regulation 1 of 2015 on customary land rights
Requires careful interpretation of the rule to avoid massive land claims
Preventing deforestation and degradation triggered by land conversion within forest area
Abuse of MHA attribution for land claims
Commitment to emission reduction
Land based emissions are the largest contributor of GHG emissions in Indonesia
Designation of roles and responsibilities of DGCC (MoEF) on emission reduction
Proper FREL and MRV application as objective measures of GHG emissions
6.2 REGULATORY ENFORCEMENT AND CAPACITY
Forestry Agency, while grass root implementation is administered through the FMUs (KPH).
Kesbangpol (National Unity and Political Stability Agency) and Infokom (Information and Communication Agency) can potentially serve as support for provincial level policies, especially on FGRM implementation. The Regional Council on Climate Change (DDPI]) is not a regulatory instrument, but is essential in supporting the BAPPEDA and Forestry Agency;
thus playing a crucial role the implementation of the ERP in East Kalimantan Province.
Capacity gaps include the lack of capacity for FGRM, conflict resolution, and FREL, MRV, and HCV assessment and management;
Forest Management Unit (KPH) will be the frontline of safeguards in forestry sector. For the purpose of the SESA, a strong capacity of the KPH is reflected by the availablity of long-term forest management plan (RPHJP). 11 out of 20 KPHs in East Kalimantan (38%) already have this long-term plan. This indicates that more than half of the KPHs still need to be empowered to ensure safeguard capacities required in the ERP; and
District level policies: BAPPEDA plays an important role in the recognizing customary (Adat) communities and in ensuring proper implementation of ER at the grass root level. The District Agency for Village Empowerment and Development (Dinas Pemberdayaan Masyarakat dan Pemerintahan Desa – DPMPD) is essential in ensuring policies for channelling funds to the villages under the village fund (Dana Desa – DD) and village fund allocation (Alokasi Dana Desa – ADD) from provincial and national government authorities. These institutions have the capacity to support provincial policies on FGRM, conflict resolution, and HCV assessment and management. Additionally DPR-D (local legislative), district heads (bupati) and mayors are also involved in mediating plantation conflicts.
Recent changes in forestry regulations (e.g., social forestry, indigenous people/customary access, environmental partnerships) and in ERP requirements, such as FPIC, FREL and MRV, mean that a new approach at national and sub-national levels is required. These new regulations and requirements may not be familiar to government officials at national and sub-national levels; therefore, relevant capacity building sessions may need to be conducted. However, the most important aspect, in light of the new developments, is the need to establish collaboration with NGOs. Such collaboration would allow knowledge sharing between government and non-government organisations. A summary of the roles and relevance of government agencies is provided in Table 24.
Table 24 Summary of regulatory and institutional frameworks relevant to the ERP.
Agency Relevant Mandate Relevance to ERP Capacity
Assessment Key Gaps
DGCC Implementation of
REDD+ initiatives
Development of documents to support ERPD and subsequent ERPA
FREL, MRV
Technical capacity to develop documents and conduct FREL measurements and MRV
Adequate knowledge, but need support for additional manpower (quantity of human resources) P3SEKPI/FCPF Planning and
implementation of REDD+ initiatives
Management and day-to-day implementation of the ERP
Program management and
coordination
Adequate knowledge, but need support for additional
Agency Relevant Mandate Relevance to ERP Capacity
Assessment Key Gaps
FGRM at national level
FREL, MRV
capacity
Technical capacity to support FREL and MRV
manpower (quantity of human resources), especially to support sub- national implementation BAPPEDA
(Province)
Synergy of REDD+
initiatives with regional
development plan
Lead the ERP implementation with support from DDPI
FGRM at provincial level
Coordination capacity
Analysis using multi-objective land allocation to ensure that economic and ecological objectives are accommodated in the spatial planning
Requires additional knowledge of REDD+
initiatives (possibly from DGCC)
Governor/
Provincal Secretary (SEKDA)
Implementing Green
Development in East Kalimantan (Vision of RPJMD)
Benefit sharing mechanism
Revocation of licenses (e.g., mining) that do not meet clean- and-clear criteria
FGRM at provincial level (forestry, mining, plantations and environment)57
Establishment of BLU, and development of profitable business plan for the BLU
Expansion of palm oil as part of the
provincial development plan outweighs the ERP
Establishment of conflict resolution desk to address forestry-related conflicts
Lack of conflict resolution regulation for mining sector
Unequal benefit sharing Provincial Land
Agency (Kanwil BPN)
Overseeing land issues and ensuring alignment with the spatial plan
Issuance of HGU (e.g., for plantations) in APL area
Sustainable palm oil practices
Environmental and social risk assessment
Safeguards
Preventing land grabbing
Preventing issuance of HGU that were not based on proper environmental and social assessment
57 Kertas Kebijakan Yayasan Bumi #02/2017 Kelembagaan Konflik Agraria Dan Lingkungan Hidup Di Kalimantan Timur
Agency Relevant Mandate Relevance to ERP Capacity
Assessment Key Gaps Forestry Agency
(Province)
Synergy of REDD+
initiatives in forestry sector/forest areas
Implement ERP relevant with forestry sectors
FGRM at provincial level (forestry sector) involving concession holders, local communities and
government
Technical capacity for forest management (through FMUs), including FGRM/conflict resolution
Network for conflict resolution and mediation
Requires additional knowledge of REDD+
initiatives (possibly from DGCC/FCPF)
Capacity for tenurial conflict resolution and/or mediation
Estate Crops Agency (Province)
Synergy of REDD+
initiatives in plantation sectors/other use areas
Implement ERP in non- forest/other use areas
FGRM at provincial level (plantation sector)
Technical capacity for plantation management, including FGRM/conflict resolution
Effective response and resolutions to conflict (i.e., disturbance to plantation business)
Multi-sectoral approach to address economic, social, legal, social, cultural and
environmental aspects of the conflicts
Requires additional knowledge of REDD+
initiatives (possibly from DGCC/FCPF)
Proper documentation of conflict resolution process as part of the
proposed FGRM
BAPPEDA (District)
Synergy of REDD+
implementation at grass roots level
Implement ERP at district level and ensure synergy across relevant agencies
FGRM at district level
Coordination and planning capacity
Requires additional knowledge of REDD+
initiatives (possibly from DGCC/
FCPF/DDPI)
DPMPD/K (District) Synergy of REDD+
implementation with village development and funds
channelled to
Implement ERP at sub- district and village levels
Technical capacity for community empowerment
Requires additional knowledge of REDD+
initiatives
Agency Relevant Mandate Relevance to ERP Capacity
Assessment Key Gaps
village level. (possibly from
DGCC/
FCPF/DDPI)
Environmental and social risk assessment
Safeguard mechanism for agriculture and aquaculture initiatives Women
Empowerment and Child Protection
Synergy of REDD+
implementation with gender
mainstreaming/
gender empowerment
Implement ERP at sub- district and village level to ensure gender and social inclusion
Technical capacity for gender inclusion/
gender mainstreaming
Requires additional knowledge of REDD+
initiatives (possibly from DGCC/
FCPF/DDPI)