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Big Commitments, Slow Results - ANUasiapacific.anu.edu.au/sites/default/files/... · Compliance...

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Big Commitments, Slow Results An Assessment on President Susilo Bambang Yudhoyono’s Climate Change Policies 2004-2014 Avi Mahaningtyas, Asep Firdaus, Patrick Anderson Indonesia Update, Canberra, 20 September 2014
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Page 1: Big Commitments, Slow Results - ANUasiapacific.anu.edu.au/sites/default/files/... · Compliance audit for plantations MK35 Constitutional Court Ruling Claim and Verification 2014

Big Commitments, Slow Results

An Assessment on President Susilo Bambang Yudhoyono’s Climate Change Policies 2004-2014

Avi Mahaningtyas, Asep Firdaus, Patrick Anderson

Indonesia Update, Canberra, 20 September 2014

Page 2: Big Commitments, Slow Results - ANUasiapacific.anu.edu.au/sites/default/files/... · Compliance audit for plantations MK35 Constitutional Court Ruling Claim and Verification 2014

SBY Climate Commitments Time Line

2007-2009

Bali Roadmap, REDD

Reducing GHG Emissions by 26% to 41% by 2020

ICCTF blueprint launch

2010

National Task Force on REDD+

Consultation on REDD+ Strategy

9 REDD+ provinces, Central Kal as pilot

2011 – 2012 Licensing Moratorium

MP3EI Launch

Action Plan to Reduce GHG

National Strategy on REDD+

One Map Movement

Tenure and conflict resolution

REDD+ Strategy 11 Provinces

2013 Extended Moratorium

MoA 12 Ministries and State Agency on Forest Gazettement

Compliance audit for plantations

MK35 Constitutional Court Ruling

Claim and Verification

2014

National Initiative for IPs Protection

National Inquiry for Violation against Ips’ rights

National Action Plan in Combating Corruption

One Data system

Deforestation rate 450,000 - 840.000 ha. Moratorium area shrunk by 5 million ha.

Forest fires. Deforestation-driven development implementation. Conflict, unilateral

gazettement, forest-license corruption; criminalization of communities and IPs,

impunity of corporate crime.

Page 3: Big Commitments, Slow Results - ANUasiapacific.anu.edu.au/sites/default/files/... · Compliance audit for plantations MK35 Constitutional Court Ruling Claim and Verification 2014

Land cover and concession maps

Reference?

How licensing

process eat our

forest?

Page 4: Big Commitments, Slow Results - ANUasiapacific.anu.edu.au/sites/default/files/... · Compliance audit for plantations MK35 Constitutional Court Ruling Claim and Verification 2014

Which numbers do you like to use?

Page 5: Big Commitments, Slow Results - ANUasiapacific.anu.edu.au/sites/default/files/... · Compliance audit for plantations MK35 Constitutional Court Ruling Claim and Verification 2014

Who must be held accountable?

Page 6: Big Commitments, Slow Results - ANUasiapacific.anu.edu.au/sites/default/files/... · Compliance audit for plantations MK35 Constitutional Court Ruling Claim and Verification 2014

Current Status of Moratorium Area

THEINDICATIVEMORATORIUMMAP(IMM)HASBEENIMPROVED5TIMES,NEXTUPDATEWILLBEONMAY2014

Currentstatusonmoratoriumarea

Source:MoratoriumWorkingGroupAnalysis

2

MoFData(forest

license)and

Bappenas/

Wetlands

(peatland)

IMM0 IMM1 IMM2 IMM3 IMM4

69.144.073Ha

65.533.328Ha

65.281.892Ha

64.796.237Ha

64.677.029Ha

MoFData(license),

MoAgr(Peatland),

BPN(concession)

IMM2+new

data(largeconcession

fromMoEMRhasnot

acquired)

IMM1+MoEMR

(concession),MoTWF

(Transmigra on),

MoHA(license)

IMM3+newdata

(MoHA–

only29%local

governmentsinvolved)

-3.610.744Ha -251.436Ha -485.655Ha -119.208Ha

20/5/2011 20/11/2011 20/5/2012 20/11/2012 20/5/2013

IMM5

64.701.287Ha

IMM4+newdata

(addi onalpeatland/

forestsurveyand

spa alplan)

13/11/2013

+24.257Ha

Page 7: Big Commitments, Slow Results - ANUasiapacific.anu.edu.au/sites/default/files/... · Compliance audit for plantations MK35 Constitutional Court Ruling Claim and Verification 2014

Reducing deforestation: Brazil and

Indonesia

Page 8: Big Commitments, Slow Results - ANUasiapacific.anu.edu.au/sites/default/files/... · Compliance audit for plantations MK35 Constitutional Court Ruling Claim and Verification 2014

Conclusions

Good commitments on climate change policies at global and national level. This supported good governance and law enforcement initiatives.

Not strategic in utilizing political momentum; untimely in taking decisions.

Climate change policies involve complex governance issues. MUST address corruption, sources of revenue for ministries, political parties and corporate-supporters of political parties and government.

Institutional conflicts, contested laws and unresolved conflicts between companies and communities are left for the next administration to tackle.

Page 9: Big Commitments, Slow Results - ANUasiapacific.anu.edu.au/sites/default/files/... · Compliance audit for plantations MK35 Constitutional Court Ruling Claim and Verification 2014

Environment problems in Indonesia

New Environment

Law 32/2009

Page 10: Big Commitments, Slow Results - ANUasiapacific.anu.edu.au/sites/default/files/... · Compliance audit for plantations MK35 Constitutional Court Ruling Claim and Verification 2014

Momentum for improvement

Enforcement

Creatiing

expectation to

change

Page 11: Big Commitments, Slow Results - ANUasiapacific.anu.edu.au/sites/default/files/... · Compliance audit for plantations MK35 Constitutional Court Ruling Claim and Verification 2014

Powerless Institution

Ministry of Environment

Sectoral Ministries:

- Energy and mining

- Plantations

- Forestry

Politically powerless:

Supervision

Law Enforcement

Page 12: Big Commitments, Slow Results - ANUasiapacific.anu.edu.au/sites/default/files/... · Compliance audit for plantations MK35 Constitutional Court Ruling Claim and Verification 2014

Cases

Tripa peat

swamp in Aceh in violation of the law for

using fire to clear 1,000 hectares of peat forest

must pay compensation amounting Rp.114.333.419.000 (approx. $1 million) material costs.

must undertake environmental remediation at a cost of Rp. 251 765 250 000 ($2.5 million)

Its license revoked.

PT. Kallista

Alam

Page 13: Big Commitments, Slow Results - ANUasiapacific.anu.edu.au/sites/default/files/... · Compliance audit for plantations MK35 Constitutional Court Ruling Claim and Verification 2014

The Supreme Court ruled that the Exploration License

of PT. SG was unlawful

Due to lack of EIA.

Exploration License in

Central java

PT. Semen

Gresik

Page 14: Big Commitments, Slow Results - ANUasiapacific.anu.edu.au/sites/default/files/... · Compliance audit for plantations MK35 Constitutional Court Ruling Claim and Verification 2014

Hotel Development in East Java

PT. Rayja

Own Hotel Rayja sued one

of the residents for obstructing development

The courts ruled that the

activists actions were

legitimate, that the hotel

building permits were invalid

and ordered the company

to pay material restitution.

Page 15: Big Commitments, Slow Results - ANUasiapacific.anu.edu.au/sites/default/files/... · Compliance audit for plantations MK35 Constitutional Court Ruling Claim and Verification 2014

Conclusions

The release of new environment law actually provided a great opportunity to SBY administration to realize its promises on environmental issues.

The progressive court decisions give some hope for the future despite the weak efforts in environmental law enforcement by the SBY administration.

Going forward, the new government of Jokowi needs to be consistent in the enforcement of environmental laws, it needs to strengthen the ministry of Environment so that it is able to defend the environment against the stronger ministries, and it needs to issue the government regulations mandated in the Environment Law that will allow it to be implemented.


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