GOVERNMENT REGULATION ON NATURE RESERVE AREA AND NATURE PRESERVATION AREA

On 28 December 2015 government has promulgated
government regulation number 108 Year 2015 (GR 108/2015). This GR is the amendment
to Government Regulation Number 28 Year 2011 on the management of nature
reserve area (Kawasan Suka Alam/KSA) and nature preservation area (Kawasan
Pelestarian Alam
/KPA) (State Gazette of the Republic of Indonesia Year 2011
Number 56, Supplement to the State Gazette of the Republic of Indonesia Number
5217) (GR 28/2011).

The issuance of GR 108/2015 considers the
provisions of Article 24 (3) of Law Number 21 Year 2014 concerning Geothermal which
regulate that geothermal exploitation in conservation forest areas is granted
after obtaining permission to utilize geothermal environmental services from
the minister of forestry. The government deems GR 28/2011 has not accommodate
activities for the utilization of geothermal environmental services in the
conservation forest areas.

GR 28/2011 as amended by GR 108/2015 is the
implementing regulation of Law Number 5 Year 1990 concerning Conservation of Biological
Natural Resources and Their Ecosystems (State Gazette of the Republic of
Indonesia Year 1990 Number 49, Supplement to the State Gazette of the Republic
of Indonesia Number 3419).

Provisions in number 14 Article 1 of GR
28/2011 about definition of “utilization of environmental services” is amended
so the new notion is the utilization of environmental conditions in the form of
utilization of ecosystems potential, climatic conditions, natural phenomena,
distinctiveness of species, and cultural relics within KSA and KPA, which are
realized in the form of natural tourism activities, water utilization, water
energy, carbon storage and/or absorption, utilization of solar thermal, wind
and geothermal utilization to meet electricity needs.

National Parks (Taman Nasional) according
to new Article 35 (1) can be used for the activities of science research and
development, education and increasing awareness of nature conservation, carbon
storage and/or absorption, utilization of water, water energy, wind, solar
heat, geothermal energy and nature tourism, utilization of wild plants and
animals, utilization of sources of Germplasm for supporting cultivation and traditional
use by the local community. Traditional uses could be in the form of collecting
non-timber forest products, traditional cultivation, and traditional hunting which
limited to unprotected species.

Great Forest Park (Taman Hutan Raya) as
provided for in the new Article 36 (1) can be used for the activities of science
and technology research and development, education and increasing awareness of
conservation, collection of biodiversity wealth, carbon storage and/or
absorption, water utilization, water
energy, wind, solar heat, geothermal energy and tourism, utilization of plants
and wildlife animal in order to support cultivation in the form of germplasm
supply, traditional use by the local community, and fostering populations
through captivity in the context of artificial breeding of animals or plant
propagation in semi-natural environments. Traditional uses could be in the form
of collecting non-timber forest products, traditional cultivation, and
traditional hunting which limited to unprotected species.

Nature Tourism Park (Taman Wisata Alam)
as stipulated in the new Article 37 can be used for activities of carbon
storage and/or absorption, water utilization, water energy, wind, solar heat,
geothermal energy and tourism, science research and development, education and
increased awareness of nature conservation, utilization of germplasm sources for
supporting cultivation, nurturing the population in the context of hatching
eggs and/or enlarging tillers taken from nature and traditional use by the
local community.

Further provisions regarding the utilization
of KSA and KPA for the carbon storage and/or absorption, water utilization, water
energy, wind, solar heat, geothermal energy and nature tourism are regulated by
a Minister Regulation (Article 40 (2)).

Article 49 which regulate community
empowerment (CE) stipulate the government, provincial government and
district/city government obligation to empower the community around KSA and KPA
to improve their welfare. CE includes developing community capacity and
granting access to the use of KSA and KPA. CE is carried out through development
of conservation villages, providing access to collect non-timber forest
products in traditional zones or blocks or traditional utilization, facilitation
of partnerships between holders of forest utilization permits and communities and/or
granting permits for undertaking of natural tourism services.

GR 108/2015 is effective on the date of its promulgation on 28 December 2015 (State Gazette of the Republic of Indonesia Year 2015 Number 330, Additional State Gazette of the Republic of Indonesia Number 5798).

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