Project/Proposal - GP MCA

Transcription

Task 3 Report
Land Use and
Spatial Planning
Needs Assessment
Support Services for Land
Use Planning, District
Readiness, Strategic
Environmental
Assessment and Related
Preparatory Activities for
the Green Prosperity
Project
in Indonesia
Contract # GS10F0086K
Final Report for MCC
Review and Comment
30 November 2013
Prepared for:
Millennium Challenge
Corporation
875 15th St., NW
Washington, D.C. 20005
Submitted by:
Abt Associates Inc.
4550 Montgomery Avenue
Suite 800 North
Bethesda, MD 20814
In Partnership with:
ICRAF, Indonesia
URDI, Indonesia
Second Draft Task 3 Report
Table of Contents
Abbreviations, Acronyms and Indonesian Terms .......................................................................... iv
1.
2.
3.
4.
Introduction ............................................................................................................................... 1
1.1
Background .......................................................................................................................... 1
1.2
Objectives ............................................................................................................................. 2
1.2.1
Assessment of Land Use and Spatial Planning ............................................................... 2
1.2.2
Community Participation ............................................................................................... 4
Methodology .............................................................................................................................. 4
2.1
Review of Relevant Literature and Other Documents ............................................................ 4
2.2
Focus Group Discussions (FGDs) ......................................................................................... 5
2.3
In-depth Interviews ............................................................................................................... 5
2.4
Participant Observation ......................................................................................................... 6
2.5
Land Use Assessment Analysis ............................................................................................. 6
National-Level Assessment of Land Use and Spatial Planning ................................................ 8
3.1
Spatial Planning Process ....................................................................................................... 8
3.2
Community Participation in Spatial Planning ...................................................................... 11
3.3
Key Issues in PLUP and Land Use Planning ....................................................................... 13
District-Level Assessment of Land Use and Spatial Planning ................................................ 15
4.1
Law, Regulations and Spatial Planning Process ................................................................... 15
4.1.1
Merangin ..................................................................................................................... 16
4.1.2
Muaro Jambi ............................................................................................................... 17
4.1.3
Mamuju ....................................................................................................................... 19
4.1.4
Mamasa ....................................................................................................................... 20
4.2
Data for Spatial Planning .................................................................................................... 21
4.2.1
Existing Land and Land Use Data ................................................................................ 21
4.2.2
Data Integration ........................................................................................................... 26
4.3
Capacity for Spatial Planning .............................................................................................. 28
4.4
Land Use Assessment ......................................................................................................... 30
4.4.1
Muaro Jambi ............................................................................................................... 30
4.4.2
Merangin ..................................................................................................................... 34
4.4.3
Mamuju ....................................................................................................................... 39
4.4.4
Mamasa ....................................................................................................................... 44
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5.
6.
District-Level Assessment of Community Consultation in Spatial Planning ......................... 49
5.1.1
Jambi........................................................................................................................... 49
5.1.2
West Sulawesi ............................................................................................................. 49
Recommendations ................................................................................................................... 50
6.1
Strategic Engagement with related Initiatives ...................................................................... 50
6.2
Cooordination with Existing Efforts on Regional Spatial Planning Process .......................... 51
6.3
Engagement with Initiatives and Stakeholders ..................................................................... 52
6.4
Capacity of Local Government............................................................................................ 53
6.5
Village Boundary Setting and PLUP ................................................................................... 59
6.6
Community Consultation .................................................................................................... 59
6.7
Data Management and Integration for Permits ..................................................................... 60
6.8
Potential Areas for GP Investment ...................................................................................... 61
Appendix A Laws and Regulations Governing Spatial Planning............................................... 644
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List of Exhibits
Exhibit 1. District spatial planning procedure ............................................................................................... 9
Exhibit 2. Rights, obligations and role of community in spatial planning process under Law No. 26
of 2007 ....................................................................................................................................12
Exhibit 3. Spatial pattern of Merangin District Spatial Plan, 2011-2031 .......................................................17
Exhibit 5. Comparison between SEA Pattern and Draft RTRWK for Mamuju ..............................................19
Exhibit 6. Comparison between SEA pattern and draft RTRWK for Mamasa ...............................................21
Exhibit 7. Existing Land and Land Use Data of PLUP of Four Starter Districts (Merangin, Muaro
Jambi, Mamasa and Mamuju) ...................................................................................................23
Exhibit 8. Overlapping concessions and permits in Muaro Jambi District .....................................................31
Exhibit 9. Land Based Investment in Muaro Jambi District ..........................................................................34
Exhibit 10. Overlapping concessions in Merangin District ...........................................................................37
Exhibit 11. Land Based Investment in Merangin District .............................................................................39
Exhibit 12. Land cover in Mamuju District ..................................................................................................41
Exhibit 13. Overlapping concessions in Mamuju District .............................................................................42
Exhibit 14. Land based investment in Mamuju District ................................................................................43
Exhibit 15. TGHK and HTI Concession of PT. Amal Nusantara (SK 302/Menhut-VI/2009).........................46
Exhibit 16. Overlay map of land designation and licensing in Mamasa .........................................................47
Exhibit 17. Land based investment in Mamasa District ................................................................................48
The maps in this report have been created with the highest degree of accuracy possible. However,
Abt Associates, nor any of its contractors or suppliers can be held responsible for any damages due
to errors or omissions in this product. Depiction of boundaries is not authorative.
List of Appendices
Appendix A: Relevant Laws and Regulations
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Abbreviations, Acronyms and Indonesian Terms
AMDAL
Analisis Mengenai Dampak Lingkungan – Environmental Impact
Assessment
ANDAL
Analisis Dampak Lingkungan – Environmental Impact Statement
APKASINDO
Asosiasi Petani Kelapa Sawit Indonesia – the Association of Oil Palm
Growers of Indonesia
APL
Area Penggunaan Lain – Non Forest Land Use
BAPLAN
Badan Planologi/Dirjen Planologi Kehutanan – Directorate General of
Planology at Ministry of Forestry
Bappeda
Badan Perencanaan dan Pembangunan Daerah – Provincial/District
Planning and Development Agency
BIG
Badan Informasi Geospatial – Geospatial Information Agency
BKPRN
Badan Koordinasi Penataan Ruang Nasional – the National Coordinating
Agency for Spatial Planning
BPN
Badan Pertanahan Nasional – National Land Administration Agency
BPS
Badan Pusat Statistik – National Statistics Bureau
BRWA
Badan Registrasi Wilayah Adat – Customary Area Registration Initiative
CBFM
Community Based Forest Management
CDC
Cocoa Development Center
CGGC
China Gezhouba Group Corporation
CVC
Cocoa Village Center
CPO
Crude Palm Oil
DAS
Daerah Aliran Sungai – Watershed Areas
DPCLS
Dampak Penting dengan Cakupan Luas dan Strategis – Significant and
Wide-Ranging Impact with Strategic Value
DPRD
Dewan Perwakilan Rakyat - Council of Regional Representatives
DRA
District Readiness Assessment
EIA
Environmental Impact Assessment – AMDAL
ERM
Environmental Resource Management
ERR
Economic Rates of Return
ESMS
Environmental and Social Management System
FFB
Fresh Fruit Brunch
FGD
Focused Group Discussion
FMU
Forest Management Unit – Kesatuan Pengelolaan Hutan (KPH)
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FPIC
Free Prior Informed Consent
GEM
Gender Empowerment Measurement
GOI
Government of Indonesia
GRDP
Gross Regional Domestic Product
GP
Green Prosperity
HD
Hutan Desa – Village Forest
HDI
Human Development Index
HL
Hutan Lindung – Protected Forest
HKM
Hutan Kemasyarakatan – Community Forest
HGU
Hak Guna Usaha – Land Use Permits for Business Purpose
HP
Hutan Produksi – Production Forest
HPT
Hutan Produksi Terbatas – Limited Production Forest
HTI
Hutan Tanaman Industri – Timber Plantation Concession
HTR
Hutan Tanaman Rakyat – Community Based Timber Plantation Concession
Hutan Adat
Customary Forest
Hutan Desa
Village Forest
ICRAF
World Agroforestry Center
ISPO
Indonesia Sustainable Palm Oil
IUP
Ijin Usaha Pertambangan – Mining Concession Permit
IUUPHK-HPH
Ijin Usaha Pemanfaatan Hak Pengelolahan Hutan – Licence for Business
Utilization of Concession Forest Utilization
IUUPHK-HTI
Ijin Usaha Pemanfaatan Hutan Tanaman Industri – Licence for Business
Utilization of Industrial Plantation Forest
KLHS
Kajian Lingkungan Hidup Strategis – Strategic Environmental Assessment
KPA
Kawasan Perlindungan Alam – Nature Conservation Area
KPH
Kesatuan Pengelolaan Hutan - Forest Management Unit (FMU)
KPHP
Kesatuan Pengelolaan Hutan Produksi – Production FMU
KPHL
Kesatuan Pengelolaan Hutan Lindung – Protected FMU
KSA
Kawasan Suaka Alam – Nature Sanctuary
KSK
Kawasan Strategis Kabupaten – District Strategic Area
KW
Kilowatt
LULUCF
Land Use and Land Use Change in Forestry
LUWES
Land Use Planning for Low Emission Development Strategy
M&E
Monitoring and Evaluation
MCA-I
Millennium Challenge Account – Indonesia
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MCC
Millennium Challenge Corporation
MHP
Micro Hydro Power Plant
MoU
Memorandum of Understanding
MP3EI
Master Plan untuk Percepatan dan Perluasan Ekonomi Indonesia – Master
Plan for Acceleration and Expansion of Economy of Indonesia
MSF
Multi-Stakeholder Forum
Musrenbang
MW
Megawatt
NGOs
Non Governmental Organizations
NP
National Park
NRM
Natural Resource Management
NTFP
Non Timber Forest Product
PAD
Pendapatan Asli Daerah – Regional Revenue
PBK
Penggerek Buah Kakao - Cocoa Pod Borer caused by Conopomorpha
cramerella
Perda
Peraturan Daerah – Regional Regulation
PKL
Pusat Kegiatan Lokal – Local Development Center
PKW
Pusat Kegiatan Wilayah – Regional Development Center
PKWP
Pusat Kegiatan Wilayah Promosi – Activity Center for Regional Promotion
PLN
Perusahaan Listrik Negara – State Electricity Company
PLTD
Pembangkit Listrik Tenaga Diesel – Diesel Power Plant
PLTA
Pembangkit Listrik Tenaga Air – Hydro Power Plant
PLTMH
Pembangkit Listrik Tenaga Mikro Hidro – Micro Hydro Power Plant
PLTS
Pembangkit Listrik Tenaga Surya – Solar Power Plant
PLUP
Participatory Land Use Planning
PNPM
Program Nasional Pemberdayaan Masyarakat – National Community
Empowerment Program
PNPM-MP
Program Nasional Pemberdayaan Masyarakat-Mandiri Pedesaan –
National Community Empowerment Program-Self Reliant Village
PODES
Potensi Desa – Village Potential Statistics
PP
Peraturan Pemerintah – Government Regulation
PPP
Policy, Plan and Program
PPTSP
Pelayanan Perizinan Terpadu Satu Pintu – Integrated One-stop Licensing
Service
PT
Perseroan Terbatas – Limited Company
PV
Photovoltaic
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RAD-GRK
Rencana Aksi Daerah Penurunan Emisi Gas-gas Rumah Kaca – Regional
Action Plan on Greenhouse Gases Emission Reduction
RAKORBANGDA
Rapat Koordinasi Pembangunan Daerah – Regional Development
Coordination Consultation
RAN-GRK
Rencana Aksi Nasional Penurunan Gas-gas Rumah Kaca – National
Action Plan on Greenhouse Gases Emission Reduction
RDTR
Rencana Detail Tata Ruang – Detailed Spatial Plan
RE
Renewable Energy
REDD+
Reduce Emission from Deforestation and Forest Degradation in
Developing Countries
RKL
Rencana Kelola Lingkungan – Environmental Management Plan
RKPD
Rencana Kerja Pemerintah Daerah – Local Government Annual Work Plan
RPJMD
Rencana Pembangunan Jangka Menengah Daerah – Regional Mediumterm Development Plan
RPL
Rencana Pemantauan Lingkungan – Environmental Monitoring Plan
RSPO
Roundtable Sustainable Palm Oil
RTRW
Rencana Tata Ruang Wilayah – Regional Spatial Plan
RTRWK
Rencana Tata Ruang Wilayah Kabupaten – District Spatial Plan
RTRWP
Rencana Tata Ruang Wilayah Provinsi – Provincial Spatial Plan
SEA
Strategic Environmental Assessment – Kajian Lingkungan Hidup Strategis
(KLHS)
SNRM
Sustainable Natural Resources Management
SUTM
Saluran Udara Tegangan Menengah – Medium Voltage Network
Tahura
Taman Hutan Raya – Forest Park
TIMDU
Tim Terpadu untuk Telaah Perubahan Kawasan Hutan dalam Usulan
Perencanaan Tata Ruang Wilayah – Integrated Team for Assessment of
Forest Area Reclassification in Proposal for Provincial Spatial Plan
TN
Taman Nasional – National Park
TNB
Taman Nasional Berbak – Berbak National Park
TNKS
Taman Nasional Kerinci Seblat – Kerinci Seblat National Park
TNP2K
Tim Nasional Program Pengentasan Kemiskinan – National Team for
Poverty Alleviation Program
UKL
Usaha Kelola Lingkungan – Environmental Management Effort
UKP4
Unit Kerja Presiden untuk Pengawasan dan Pengendalian Pembangunan –
Presidential Working Unit for the Supervision and Management of
Development
UPL
Usaha Pemantauan Lingkungan – Environmental Monitoring Effort
UPT BPKH
Unit Pelaksanaan Teknis Balai Pemantapan Kawasan Hutan – Regional
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Technical Implementation Unit of the Directorate General of Forestry
Planning at the Ministry of Forestry
UUPPLH
Undang-undang Perlindungan dan Pengelolaan Lingkungan Hidup No 32
Tahun 2009 – the Environmental Protection and Management Law No 32
of 2009
VSD
Vascular Streak Dieback
WARSI
Komunitas Konservasi Indonesia – Indonesia Conservation Community
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1. Introduction
1.1
Background
This report presents the results of the participatory land use planning (PLUP) activity – Task 3 –
under the District Readiness Assessment (DRA) for the Green Prosperity (GP) Project in Indonesia.
PLUP consists of activities to develop and encourage participatory approaches in spatial land use
planning and land use inventory. It aims to develop a more integrated and transparent process for
natural resource management licensing policies that can be publicly accessed, and to support
compliance with environmental and social safeguards. This task involves an assessment of land
use and spatial planning, and the role of community participation in this process in the four DRA
‘starter’ districts - Merangin and Muaro Jambi in Jambi province, and Mamuju and Mamasa in
West Sulawesi province - to identify the gaps and develop recommendations.
The GP Project, which is part of the Millennium Challenge Corporation (MCC) Compact with
Indonesia, is intended to promote economic growth with environmentally sustainable, low carbon
development plans as outlined in the medium- and long-term (RPJM1 and RPJP2) National
Government Action Plan on Greenhouse Gases (RAN - GRK3), Spatial Planning (RTRW4) and
other planning instruments. Therefore, the assessment on land use and spatial planning is critical
for the GP Project as the basis for preparing and providing technical and financial assistance to
achieve the project goals.
The purpose of the Participatory Land Use Planning (PLUP) activity is to ensure that projects
funded by the GP Facility are designed on the basis of accurate and appropriate spatial and land use
data and adhere to and reinforce the applicable national laws, regulations and plans. The PLUP
activity also will help strengthen the capacity of local communities and district government
agencies to manage their own land and resources. More specifically, GP aims to foster equitable
spatial certainty through improved spatial plans including village locations, community-based land
management, and transparent natural resource utilization permits and licensing. Establishing spatial
certainty before and during investment is one of the defining and distinguishing features of GP,
which envisages economic growth and environmental management not in opposition to each other
(as too often perceived) but inextricably and positively linked. A second no less important element
of GP is that achieving spatial certainty and equity does not require policy reform but the
appropriate prioritization of existing policies. PLUP also plays a critical role in ensuring low
carbon development takes place through improved land use and land use change in forestry.
The above initiating spatial actions represent necessary but not sufficient conditions needed to
achieve PLUP that underpins and sustains GP investments in renewable energy and natural
1
Rencana Pembangunan Jangka Menengah or Medium-Term Development Plan
Rencana Pembangunan Jangka Panjang or Long-Term Development Plan
3
Rencana Aksi Nasional tentang Gas-gas Rumah Kaca, with Presidential Decree No. 61 of 2011 as its legal
basis
4
Rencana Tata Ruang Wilayah
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resource management during the implementation phase of GP. To sustain these investments, not
only should there be safeguards against environmentally-damaging and competing legal land uses,
there should also be interventions to help local communities better manage their own natural
resources. During the implementation phase of GP, PLUP will include empowerment for obtaining
community rights in Forest Areas (Kawasan Hutan), notably, Village Forests (Hutan Desa),
Community Based Timber Plantations (Hutan Tanaman Rakyat), People’s Forests (Hutan Rakyat),
and Community Based Forests (Hutan Kemasyarakatan). For people living inside conservation
areas, a community forest scheme can be developed within the Utilization and/or Traditional Use
Zones (Zona Pemanfaatan Tradisional/Zona Pemanfaatan), while for those living outside Forest
Areas, Customary Forests (Hutan Adat) represent the appropriate avenue for this purpose.
The strategic challenges of incorporating spatial factors into GP development must also take into
account the wider context of regional trends, where there is increasing concern about the
unnecessary and dangerous divide between environmental and economic imperatives brought about
in part by lack of sufficient coordination required by Regional Autonomy Law 32 of 2004, both
horizontally across jurisdictions and vertically among the national, provincial, district and village
levels.
1.2
Objectives
The chief purpose of the land use and spatial planning assessment at the district level in the DRA is
to assess the available data and institutional capacity related to land use management and spatial
planning in each of the four starter districts in order to (a) identify critical land use issues to be
considered in early investment decisions (such as missing or inaccurate data, potential conflict
areas, and potential areas for investment), (b) inform relevant aspects of the DRA, and (c) make
recommendations for future PLUP activities.
The assessment of the spatial planning process was carried out in all four starter districts
(Merangin, Muaro Jambi, Mamasa, and Mamuju). The assessment drew together an understanding
of the following two broad areas- (1) Assessment of Land Use and Spatial Planning and the (2)
Community Consultation. These assessments were first done at the national-level to assess
regulations and procedures that might impact the district spatial planning process. More detailed
district-level assessments and recommendations were completed. The sections below provide more
detail on the specific objectives across the two broad areas.
1.2.1
Assessment of Land Use and Spatial Planning
The more detailed district-level assessments and recommendations included assessments
of:

Law and Regulations: Under this, we assess (i) the current effectiveness of land
administration, and (ii) legal and regulatory procedures for decision-making on land
use, as well as policy and procedures for community involvement in the utilization of
spatial planning. The assessment focuses on identification of existing spatial
allocations (both planned and used) and legal and regulatory procedures for land
administration at the district office. The analysis identified technical assistance on
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financing facilities for GP activities that can contribute to improved land
administration, including in the licensing process. Specifically, incorporation of
spatial planning impacts of the recent Constitutional court Ruling 35/2013 related to
adat community forest rights. Key questions in the assessment include: (1) whether
the relevant policy is available (i.e. complete and clear), (2) whether there is a subject
that still needs to be regulated (i.e. a policy vacuum), and (3) whether there is any
policy overlap (i.e. a discrepancy in policy concept and objectives).

Spatial Planning Process: The assessment focuses on the quality and implementation
of the spatial planning in each of the four starter districts. For the strategic
implementation of land-based investment and low carbon development, the quality of
spatial planning design needs to be narrowed at the level of community involvement,
and the potency of the Land Use Planning for Low Emission Development Strategy
(LUWES) concept needs to be employed, especially in Merangin District. Under this,
status of district spatial plan is also assessed.

Data for Spatial Planning: Description of existing land and land use data at the
Bappeda/ Bupati offices of the various GoI agencies in the starter districts and
assessment of developing a model for integrating existing land information and maps
on licenses, permits etc. to form the district level land use inventories.

Capacity for Spatial Planning: Spatial planning capacity at the BAPPEDA and Bupati
in each of the starter districts detailed recommendations of what is needed and should
be financed by PLUP.

Land Use Assessment: Land use is assessed in each starter district in order to identify
and obtain insights on the following issues:


To what extent land use, rights and claims may differ between women and men, and the
extent of variances in priority and land use patterns

Type, source, location and intensity of existing land conflicts, and licensing/permit
overlaps

Identification of critical land that is underutilized, including damaged areas that can be
utilized by investors

Estimating land classification data that is inconsistent, especially peat lands and primary
forests, and areas with overlapping licenses/concessions and other usage rights

Plan for the development of a geo-referenced map of overlapping licenses and permits in
the starter districts

Analysis of the status and utility of the One-Stop-Shop for permitting
Potential Areas for GP Investment: Finally, based on the land use assessment we
identify the potential areas for GP investment that are in the strategic areas, do not
have any concessions or overlapping permits, and are free of disputes.
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1.2.2
Community Participation
Another important objective of the task was to assess the existing regulations and implementation
of these regulations for public (community) consultation on land use and land-based investment,
including lessons learned for involving women and vulnerable groups. This analysis is essential for
engendering a sense of local ownership and ensuring a transparent process from the outset that is
participatory, accountable, and timely. The collection of data and information allows us to analyze
the current district spatial planning (RTRWK) process and identify whether the public consultation
process has been conducted.
The next section (Section 2) presents the methodology of achieving the objectives; Section
3 presents the national-level assessment of land use and spatial planning, and the role of
community participation. Section 4 presents the detailed district-level assessment on
spatial planning. Section 5 presents the assessment of community consultation and
Section 6 presents the recommendations.
2. Methodology
The first step in completing district spatial planning assessment was the review of existing
literature and documents. Informed by this desk review we conducted focus group discussion
(FGDs), in-depth interviews and participant observation in close collaboration with local
governments, NGOs and other organizations working in the starter districts. Rapid Agrarian Tenure
Assessment (RATA) tools were used to describe and understand tenure-related claim issues. To
conduct analysis of land use arrangements and identifying potential area of investments, a land use
assessment analysis was conducted. These approaches are described in more detail below.
2.1
Review of Relevant Literature and Other Documents
The review of relevant literature, documents and other forms of secondary data was used to build a
knowledge-based context on the five key areas of the PLUP assessment mentioned above. These
secondary data were compiled from visits to and discussions with government agencies in the
starter districts. They included published reports, internal reports, regulations, presentation
materials, tabular data from the Central Bureau of Statistics (BPS), and other related publications
(see bibliography and footnotes). Key official documents particularly relevant to the PLUP
assessment included the Long/Medium Term Development Plan (RPJP/M) and the Master Plan for
the Acceleration of the Economic Growth of Indonesia (MP3EI). Both Jambi and West Sulawesi
are considered as important corridors and sub-corridors for the MP3EI initiative.
The results of this review were presented and discussed at the district FGDs using guided questions
in order to obtain additional information and relevant secondary data. It was considered effective to
present the initial data at the FGD in order to get further primary and secondary data, followed by
in-depth interviews.
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2.2
Focus Group Discussions (FGDs)
The objective of holding FGDs is to assess unresolved issues in the spatial planning process that
require further examination. The FGDs at the district level were conducted in collaboration with
the Bappeda (District Development Planning Agency) office in the four starter districts (Merangin,
Muaro Jambi, Mamasa and Mamuju). The FGD aims to better understand the context of the overall
project so that stakeholders are able to actively identify the problems and methods for resolving
them from their own perspectives.
An FGD was held in the capital city of the starter district by inviting district line agencies, NGOs,
Community Self-Financing Groups, private companies, and community leaders. Having a diverse
range of stakeholders at the FGD helped the team to get an initial indication of past and current
processes in the revision of district spatial planning, along with an overview from stakeholders of
their understanding of the ongoing process. The FGD also aimed to identify key informants who
could become resource persons for in-depth interviews.
In order to obtain feedback from a broader range of stakeholders, the results of the FGDs were
consulted at a wider forum, namely the Multi-Stakeholder Forum (MSF).
2.3
In-depth Interviews
In-depth interviews were held to clarify issues arising from the district FGDs. The in-depth
interviews and visits to key stakeholders were a means of collecting secondary spatial data and
other relevant information. The in-depth interviews were carried out from the village level up to the
district, provincial and national level. The interviews with key informants and key actors were done
in those areas that had already done village mapping or customary land mapping in order to get an
overview of policy overlap, allocation and licensing with respect to forest, village and customary
areas. The same approach was used for key informants and actors involved in the spatial planning
and Musrenbang process, from the village level up to the district level.
In-depth interviews were held with relevant district government agencies and national and
provincial governments, including Bappeda, the Land Administration Agency (BPN),
Environmental Management Agencies, Forestry Offices, Agriculture and Plantation Estate Offices,
Energy and Mineral Resources (ESDM), and Public Works. In-depth interviews were also held
with representatives of NGOs, private companies, and universities. In Jambi, an interview was held
with the Regional Technical Implementation Unit of the Directorate General of Forestry Planning
at the Ministry of Forestry (UPT BPKH or Balai Pemantapan Kawasan Hutan), Region XII,
Pangkal Pinang.
These interviews covered five key topics that were the focus of the PLUP assessment:

Policy setting that governs spatial planning and its bottom-up planning

Implementation of district spatial planning as part of the PLUP

Implementation of bottom-up planning

Prevailing land administration system
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
Data integration for regional planning.
2.4
Participant Observation
Participant observation was conducted when the team observed the bottom-up planning process of
the Development Planning Consultation Forum (Musrenbang), from village level to the sub-district
and district level. Participant observation is a form of sociological research methodology in which
the researcher takes on a role in the social situation under observation, in this case the Musrenbang.
The researcher is immersed in the Musrenbang order to (i) experience events in the manner in
which the subjects under study experience these events, and (ii) discover the nature of social reality
by understanding the actor's perception, understanding and interpretation of that social setting. The
Task 3 team assigned an expert based in Bungo (Muaro Bungo) with prior experience of participant
observation in the Musrenbang process. This approach was only used in the Jambi starter districts,
since the timeframe of the work in West Sulawesi did not match the schedule of the local
Musrenbang process.
2.5
Land Use Assessment Analysis
Land use assessments involve land status analysis and analysis of potential area for land based
investment. The land status indicates the likelihood of overlapping permits and licensing, and
serves as a reference for analyzing land based investment potential for GP.
Land Status Analysis
There were two main categories of data used in the analysis: the District Spatial Plan (RTRWK),
and land-based concessions (i.e. forest, plantation estate, and mining concessions). These were
collected from the Jambi Province Bappeda and provincial agencies. The data categories for the
land-based concessions are shown in the table below.
Land Status
Description
Definitive Permit
Concession area with a definitive permit
Exploration/Reserve Permit
Potential concession area with an exploration/reserve permit
No data
No concession area
The land status analysis looked at from overlap of concession areas for land-based concessions. In
this study, land status was divided into four categories, as follows:
Land Status
Description
Overlapping concession areas
Two or more definitive permits exist
Potential for boundary conflict
One definitive permit and/or two or more exploration/reserve
permits exist
Single concession (no overlap
of concession areas)
One definitive permit exists
No concession areas
No permits for either definitive or reserve concessions
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Analysis of Potential Area for Land Based Investment
Potential data for land-based investments were obtained from the results of the land status analysis
overlaid with the spatial pattern of the RTRWK, namely protected areas and cultivation areas. A
cultivation area is a target for the development of land-based investment outside the forestry sector,
while a protected area can be utilized for land-based investment as long as it complies with the
forestry regulations.
The spatial assessment results were presented using the spatial scale of the sub-district
administration, based on a digital map of the administrative boundaries. The digital map data for
the administrative boundaries was obtained from BPS (Podes Map). In processing the tabulated
data into the Podes digital map, an assessment using the sub-district scale helps to reduce the
uncertainties that arise at the village administrative scale. This is because most village boundaries
and administrative boundaries are actually imaginary boundaries for illustrative purposes.
Potential areas for land-based investments are divided into three types of status:
Land Status
Description
Potential area for investment
in non-forestry activities
Areas that can be used (no concessions or overlapping
areas) and are located in the cultivation area
Not a potential area for
investment in non-forestry
activities
Areas that cannot be used because one or more permits
exist or they are located in protected or cultivated areas.
Potential area for investment
in forestry activities
Areas that can be used for land based investment
development for forestry activities, located in a protected
forest.
The status of these potential areas was presented at the FGD to obtain feedback from stakeholders
on their opinions about the purpose of implementing a ‘Green Economy’. The Green Economy
assessment requires analysis of the medium-term local development plan (RPJMD) in order to
understand the vision and mission of the current administration, and an assessment of how relevant
the vision and mission are to Green Economy goals.
Particular emphasis was placed on reviewing the Regional Action Plans on Greenhouse Gases
(Rencana Aksi Daerah untuk Gas-gas Rumah Kaca/RAD-GRK) for Jambi and West Sulawesi
Provinces in order to understand the regional trajectory of greenhouse gas (GHG) emission cuts
from land-based sectors, with the aim of contributing to the 2020 national target of GHG emission
reductions of 26% under a business-as-usual scenario, or 41% with international support, while
maintaining economic growth at 7%5.
Despite its vague legal basis, the National REDD+ Strategy is another important
document to review in order to understand the GHG (particularly CO2) emission
5
This is a commitment made by the President of the Republic of Indonesia at the G20 Summit in Pittsburgh,
September 2010, aims to invite international support for efforts to governance reform of land-based
investment to support Indonesia’s engagement with several the global climate change mitigation initiatives.
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reductions from the perspective of land use and land use change in forestry (LULUCF),
and to avoid a deforestation approach across administrative regions
3. National-Level Assessment of Land Use and Spatial Planning
In Indonesia, recent regulatory developments have opened up opportunities for more active
participation by communities in the planning and decision-making processes relating to land use,
which promise improvements in land governance at the various levels of the regional
administration. Active community participation in decision-making on land use can become part of
a bottom-up process in determining the direction of development, in general and at the sub-district,
district and provincial levels.
The national government has enacted numerous laws and regulations on land use and spatial
planning (see Appendix A for a description of these laws and regulations) that relate to the scope of
the PLUP assessment – covering spatial data, spatial planning process, community consultation in
spatial planning, data integration, and land based investment potentials.
3.1
Spatial Planning Process
The general plan for land use is provided by the spatial planning instrument, which is constructed
using a hierarchical approach from the national level (Rencana Tata Ruang Wilayah
Nasional/RTRWN) down to the island (Rencana Tata Ruang Pulau/RTRP), province (Rencana
Tata Ruang Wilayah Provinsi/RTRWP), and district (Rencana Tata Ruang Wilayah
Kabupaten/RTRWK)6 levels. Once the RTRWK has been ratified, a detailed spatial plan can be
developed at the sub-district (Kecamatan) level (Rencana Detail Tata Ruang/RDTR). Although
Law No. 26 of 2007 regulates a top-down approach to spatial planning, it also provides room for
district governments to accommodate the diversity of characteristics of a region’s social-cultural
and natural resources. The general process of spatial planning is illustrated in Exhibit 1.
6
Law No. 26 of 2007 regarding Spatial Use Arrangement
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Exhibit 1. District spatial planning procedure
Based on Minister Home Affairs Regulation No. 50 of 2009 on Guidelines for Coordination of
Regional Spatial Planning, the Bupati (district head) is obliged to develop an RTRWK. The district
agencies usually involved in the spatial planning process are the forestry, agriculture, plantation,
mineral and energy, public works, and transportation agencies along with the District Land Office.
These agencies will be organized under a team of the District Spatial Planning Coordination
Agency (Badan Koordinasi Penataan Ruang Daerah/BKPRD). The Bupati determines the
composition of the BKPRD, as well as the budget needed to finalize and ratify the draft spatial plan
proposed by BKPRD together with Bappeda.
The most relevant regulation, which serves as an umbrella for ministerial decrees and regulations
together with their derivative stipulations (e.g. decisions at Directorate General or Directorate
level), is Government Regulation No, 15 of 2010 regarding Implementation of Spatial Use
Arrangements (GR 15). This regulation provides guidance for provincial and district governments
to proceed with spatial planning, and also provides a set of requirements that can later be used by
BKPRN as a checklist to evaluate compliance of the spatial planning technical documents and the
Perda bill submitted by the provincial and district/city governments, to obtain substantive approval.
The RTRWP should have been established within three years after the enactment of Law No. 26 of
2007. However, when the deadline passed in December 2009, only a few provinces had submitted
their final draft RTRWP and Perda Bill to BKPRN. One important factor behind this delay was
confusion among provincial governments regarding the Forest Areas designated under the Agreed
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Forest Land Use (Tata Guna Hutan Kesepakatan/TGHK) in their administrative areas. In most
cases, the THGK area does not reflect the reality of land use on the ground. Most proposals
submitted by the provincial governments sought the release of a Forest Area that they considered
no longer appropriate to become a Non-Forest Land Use Area (Areal Penggunaan Lain/APL) so as
to provide the province with a relatively larger APL area for regional economic development.
Minister of Forestry has established an integrated research team (Tim Terpadu/TIMDU) to verify
and recommend a change in legal status for some TGHK-based Forest Areas, so that the provincial
governments could proceed with proper spatial planning processes. The key criterion used by
TIMDU to recommend further steps to approve a change in Forest Area function and designation is
a Significant and Wide-Ranging Impact with Strategic Value (Dampak Penting dengan Cakupan
Luas dan Strategis/DPCLS) relating to Forest Areas with conservation and protection functions,
such as Nature Sanctuaries (Kawasan Suaka Alam/KSA) and Nature Conservation Areas (Kawasan
Perlindungan Alam/KPA). Converting Forest Area with conservation and protection functions into
APL is seen as creating a bad precedent in the provincial spatial planning process. A Forest Area
that is considered to be DPCLS requires approval from the Minister of Forestry, whilst a nonDPCLS area can be approved by national parliament (DPR).
The long negotiation process to agree on the percentage of APL and Forest Areas, even with
TIMDU involvement, is a common cause of delays, particularly in provinces where Forest Areas
have long been used for other purposes such as expansion of government and commercial facilities
and settlements. The provincial government makes its proposal based on the fact that some Forest
Areas are no longer consistent with the TGHK map7. Meanwhile, the Ministry of Forestry insists
that at least 30% of the administrative area should be Forest Area, as stipulated by the Forestry Law
(Law No. 41 of 1999). This issue is always a hot topic of debate at BKPRN meetings.
These legal foundations (Articles 1 and 2 of Law No. 41 of 1999) facilitate the settlement
mechanism for forestry status, as stated in the RTRWK revision. There are two other regulations
which can facilitate a change in function and allocation of a Forest Area, namely GR 10 (discussed
earlier) and Minister of Forestry Regulation No. 36 of 2010 regarding the Integrated Research
Team to Change the Utilization and Function of Forest Areas). Under GR 10, a change in the
function of a Forest Area can only be made at the administrative area of the province or a partial
location. There are several factors that influence the process of Forest Area change in the RTRWK,
and they usually take up a considerable amount of time. This often leads to late submission of the
report and recommendations. Recommendations for changes in forest area utilization that could
have a significant and wide-ranging impact as well as strategic value (DPCLS) will require a
Strategic Environmental Assessment (SEA) and approval from the Minister of Forestry for their
adoption.
7
Although TIMDU is established by a Minister of Forestry Decree, the financing of its work comes out of
the provincial budget (APBD Provinsi).
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3.2
Community Participation in Spatial Planning
Community participation in the process of the planning, utilization and control of spatial planning
is regulated by GR 68 of 2010, on Forms and Procedures of the Public’s Role in Spatial Planning.
In addition, under Article 15 of Minister of Home Affairs Regulation No. 50 of 2009, community
participation is allowed by Bupati decree. The supporting regulations to implement GR 68 are not
yet available, and the legislative process for their enactment has not even begun. In the absence of
this regulation, national government and local authorities are responsible for providing guidance
and supervision for the implementation of spatial planning involving community participation.
The main substance of the guidance or preferably “community empowerment” provided by the
government is a direct meeting between the government and the community in order to obtain
inputs from various interest groups.8
Government Regulation No. 15, which gives guidelines for preparing the spatial plan, also has
guidance on assistance provided to the community for the purposes of:

Coordinating the implementation of spatial planning

Socializing the regulations related to spatial planning

Providing guidance, supervision and consultation on spatial planning implementation

Training and education

Communication and information system development for spatial planning

Dissemination of information on spatial planning to the community

Increasing community awareness and responsibility on spatial planning.

Using consultations meeting and electronic devices to disseminate information

Providing supervision, guidance and explanations to stakeholders in spatial planning
implementation

Holding training on program development and application system certification

Providing basic data, spatial planning information, and developing an electronic
network

Providing publications on various aspects of spatial planning through media that can
easily reach the community

Providing mentoring, public debates, establishing community groups, and
introducing an information/complaints unit.
Furthermore, as shown in Exhibit 2, Law No. 26 also has a stipulation on community participation.
The term “guidance” actually has bad connotations for the community, suggesting a paternalistic
and unequal relationship. This term is no longer used following wide-ranging political reforms in
1998, having been replaced by the term “empowerment” (as in community empowerment).
8
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Exhibit 2. Rights, obligations and role of community in spatial planning process
under Law No. 26 of 2007
Article 60
Article 61
Articles 65 and 66
Rights
Obligations
Role
a. Aware of spatial plan
b. Obtain added value as result of
spatial planning
c. Obtain adequate compensation for
losses upon implementation of
development activities based on
the spatial plan
d. File an objection to government
officials over any development
activity that is not in line with the
spatial plan
e. File a claim for cancelation of a
license and development that is
not in line with the spatial plan
f. File a lawsuit for compensation
with the government and/or any
institution/individual that holds the
license where the development
activity is not in line with spatial
planning and causes losses.
a. Comply with spatial
plan that is established
b. Avoid the following
prohibited activities:
 Utilizing land
without a permit
from the authorized
government official


a. Participate in spatial
planning process
b. Participate in space
utilization
c. Participate in
monitoring space
utilization
Violating the
provisions set out
in the spatial
planning licensing
Obstructing access
to water resources,
coastal areas, and
areas that have
been declared by
law to be public
spaces.
While the existing regulations recommend and support community involvement, they lack
comprehensive rules on how to effectively involve communities, and on how to capture the
opinions and encourage community participation in the various social group layers.
Legislative policy on land tenure and natural resources has not yet been settled, in either statutory
or customary terms. The ongoing spatial planning processes at the provincial and district/city levels
still ignore the reality that there are always two types of governance on the ground – statutory and
customary – and this issue that needs to be addressed to ensure more effective community
participation in the spatial planning process.
Putting this legalistic perspective to one side, Indonesia’s Community Mapping Network (Jaringan
Kerja Pemetaan Partisipatif/JKPP) has been now working for more than 15 years to influence the
spatial planning processes at provincial and district levels throughout the country. JKPP seeks to
represent the rights of indigenous communities that lack advocacy and legal representation.
Boundary mapping of traditional communities with an informal tenure system is a key component
of this work. The primary objective is to identify existing community land use and occupancy areas
and formalize adat rights vis-à-vis government land claims and exploitation permits, by defining
areas with customary and non-certified land tenure areas with informal access and use rights. This
is accomplished through Community Boundary Demarcation and Mapping with local input, and
through programmatic initiatives at the national, provincial and district levels. The goal is to
develop local capacity for this work.
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The change in Indonesia’s development paradigm, as manifested in Law No. 25 of 2004,
emphasizes participatory methods in the development planning process, specifically a series of
Development Planning Consultations (Musyawarah Perencanaan Pembangunan or Musrenbang)
conducted from the village level up to the sub-district, city/district, provincial and national level. At
the Musrenbang, the community and all parties/related stakeholders at the village level have the
opportunity to express their aspirations and participate in producing development plan documents.
The guideline and derivative legislation explain that participants in the village Musrenbang are
representatives of women, youth groups, community organizations, employers, school committees,
farmers’ groups and fishermen. Village representatives will then be selected to attend Musrenbang
at the higher level (sub-district, district and province). Compared to community participation in
spatial planning, the Musrenbang is more advanced in terms of providing space for the local
community to become actively involved in the decision making process.
3.3
Key Issues in PLUP and Land Use Planning
The biggest and most fundamental challenge to implementing PLUP effectively arises from spatial
and land policies that are not conducive to the broad diversity of tenure and land use patterns
in Indonesia. One known challenge is rooted in the national directives of the spatial plan, which
are disconnected with reality on the ground, being heavily influenced by macroeconomic policy.
The strong degree of influence of the national economy on investment policy has led to the spatial
planning process being top-down. In addition, the approach used to set economic growth targets
does not yet rely on geospatial data and information. Rather, it focuses on natural resource
exploitation potentials, referring to national and regional statistics.
Local capacity in spatial planning in the four starter districts includes the local government
capacity to develop and oversee the spatial planning works by the consultants, and how they
manage geospatial data and information, the legal formal process. On completion of the RTRWP, it
is submitted to the Local Parliament (DPRD) The DPRD is the primary body, to produce the
regional regulation (PERDA) as the basis for implementation of the spatial plan, and involvement
by stakeholders in the planning process and monitoring implementation of the plan.
With regards to capacity of the local government to develop and oversee the spatial planning
process, they rely heavily on consultants. In most cases, the local governments contract consulting
firms to complete the entire process of spatial planning, in line with Minister of Public Works
Regulation No. 16 of 2009, which could also be in form of technical assistance provided by the
Ministry of Public Works through Konsultan Manajemen Regional (KMR), . This means that
funding is not actually an issue. While Government Regulation (GR) No. 15 of 2010
comprehensively sets out the entire process of the spatial plan, the operational guidelines in the
relevant ministerial regulations of the respective agencies tend to focus on how the local
government can organize a third party contractor to comply with GR 15 but with limited measures
related to quality of the plan. GR 15 of 2010 is treated more as administrative requirement.
This is a common issue faced by local governments in Indonesia, and tends to be more acute in
newly established districts. Capacity should also include awareness among government officials of
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the need for effective participation by the local community. As part of the contract, most consulting
firms organize socialization event to introduce the draft technical document and draft Perda to
selected audiences. The only role played by the local government agency (usually Bappeda) is to
provide the letter of invitation and list of potential participants.
Insufficient geospatial data and information for effective land use and spatial planning,
particularly for district/city planning processes. This also includes an incompatible map system
and incompatible mapping across development sectors. A current national level initiative is to
establish a One Map policy. This is being driven by the climate change mitigation initiative, and
should be very beneficial. To date, the One Map process has coordinated data custodians from the
various sectors that intensively use maps.
Ineffective participation in formal spatial planning process, demonstrated by considerable
numbers of disputes and social tension. Learning from the experience of JKPP, the guidelines
and procedures for land use and spatial planning fail to accommodate either a highly diverse social
and cultural context, or economic and political contexts. In terms of local government capacity and
awareness of land use and spatial planning, particularly in relation to community participation, the
guideline and procedure are merely being used for administrative compliance, with a consulting
firm contracted to work on the spatial planning process. Perspective and awareness of the
significance of community participation in land use and spatial planning is not yet in place.
Although the technical guidance is sufficient, as mentioned earlier, the need to create balance of the
use of private contractors and the need for involvement by broader set of stakeholders is deemed
critical, since it will build credibility to the plan. For a comparison, the spatial planning process for
a district carried out by a consulting firm – from assessment to document writing and public
consultation – generally takes a fiscal year, whereas JKPP spent almost two years in implementing
its participatory spatial planning only for a subdistrict in West Kalimantan. Therefore, political will
of implementing bottom-up process may contribute to this problem as shown by the budget.
Ineffective boundary demarcation between Forest Areas and APL creates confusion and
disputes between local governments and the Ministry of Forestry, becoming a key factor that delays
the ratification of spatial plans that is needed to guarantee spatial certainty. Most provinces of
Indonesia failed to meet the deadline for ratification of their RTRWP by December 2009, three
years after Law No. 26 of 2007 was enacted. Hindrances included the lengthy harmonization and
synchronization process between Forest Areas and APL. This has created confusion and uncertainty
among the community and other stakeholders. Some land disputes observed in the starter districts
arose from a lack of awareness within the community about the legal status of the land.
These are the key enabling conditions for effective PLUP implementation. Since GP is not an
initiative specifically working on land tenure and land use issues, other initiatives may need to be
engaged that specialize in these critical matters.
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4. District-Level Assessment of Land Use and Spatial Planning
4.1
Law, Regulations and Spatial Planning Process
This section presents the status of the district spatial plans (DSP) and the implementation of the
spatial plans. If the DSP is complete, it assesses whether the district spatial plans are compatible
with other planning documents. The following table presents a comparative overview of the spatial
planning process and procedures for each GP starter district.
Stage of Activity
Merangin
Muaro Jambi
Mamuju
Mamasa
Preparation Phase
Complete
Complete
Complete
Complete
Data Collection
Assisted by
Technical
Assistance from
Ministry of
Public Works
Assisted by
Technical
Assistance from
Ministry of
Public Works
Assisted by
Technical
Assistance
from Ministry
of Public
Works
Assisted by
Technical
Assistance
from Ministry
of Public
Works
Data Management
and Analysis
BKPRD team
assisted by
acceleration
team from
Ministry of
Public Works
and third party
(University of
Jambi)
BKPRD team
assisted by
acceleration
team from
Ministry of
Public Works
and third party
(University of
Jambi)
BKPRD team
assisted by
acceleration
team from
Ministry of
Public Works
and third
party
(University of
Hasanuddin)
BKPRD team
assisted by
acceleration
team from
Ministry of
Public Works
and third party
(Cikarsa
Consulindo)
Formulate District
Spatial Plan
Concept
BKPRD team
assisted by
acceleration
team from
Ministry of
Public Works
and third party
(University of
Jambi)
BKPRD team
assisted by
acceleration
team from
Ministry of
Public Works
and third party
(University of
Jambi)
BKPRD team
assisted by
acceleration
team from
Ministry of
Public Works
and third
party
(University of
Hasanuddin)
BKPRD team
assisted by
acceleration
team from
Ministry of
Public Works
and third party
(Cikarsa
Consulindo)
Preparation of
District Spatial
Plan Bill
In process
In process
In process
In process
The next table presents the process for developing district spatial plans.
Procedure
Merangin
Muaro Jambi
Mamuju
Mamasa
Formed Team
SK Bupati
SK No. 727 of
2012
SK Bupati
SK Bupati
SK Bupati
Preparation
BKPRD team
BKPRD team
BKPRD team
BKPRD
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Procedure
Merangin
assisted by
Ministry of
Public Works
and third party
(University of
Jambi)
Muaro Jambi
assisted by
Ministry of
Public Works
and third party
(University of
Jambi)
Mamuju
assisted by
Ministry of
Public Works
and third
party
(University of
Hassanudin)
Mamasa
team
assisted by
Ministry of
Public
Works and
third party
(Cikarsa
Consulindo)
Community involvement at
District Level in Spatial Plan
Process
Not Done
Not Done
Not Done
Not Done
Discussion on Spatial Plan
Bill
Ongoing
Ongoing
Ongoing
Ongoing
Barriers to the spatial planning procedure in each district generally occur at the preparatory stage,
as well as during the process of community involvement at the district level. In the implementation
phase, the types of barriers experienced are generally associated with:

Difficulties in coordination among agencies, BKPRD team, and BPN, as well as concerning
data and information derived from technical ministries that is still centralized and treated as
confidential, especially those related to the aspects of land ownership.

Coordination with the Minister of Forestry on designated area and boundary determination by
the Regional Forest Area Consolidation Agency or BPKH (Balai Pemantapan Kawasan
Hutan) where there are many areas which have yet to complete the boundaries process
(Permenhut P.44/2012). It should be noted that this process should also involve the community
meaningfully. The current policy and practices of forest gazettement tends to treat local
community as mere guides or porters in surveying, not as key stakeholder in forest delineation.
The community is only represented by village heads in forest delineation committee (Panitia
Tata Batas), which is chaired by bupati and has membership from district government agencies
related to forestry sector.
The spatial plans in Merangin and Muaro Jambi have not been completed. Therefore for these
districts the status of DSP is presented along with the planned implementation process. For
Mamuju, we present a comparison of DSP with other planning documents. Based on the recent
status (September 2013), development of spatial plan in four starter districts. Our assessment also
found that there is limited budget to support the preparation of the DSP in all four GP starter
districts. The following sections present the status of DSP in each district.
4.1.1
Merangin
The District Spatial Plan (DSP) of Merangin District (2011–2031) is still pending mutual
agreement between the Local Parliament (DPRD) and the District Head (Bupati). Local spatial
planning development is being developed by a third party consultant, and the related Strategic
Environmental Assessment (SEA), has not yet been done in Merangin District. Instead, Merangin
District referred to the Provincial SEA. The draft revision of the District Spatial Plan was made by
the BKPRD based on Bupati Decree No. 39/Bappeda/2012 (see Exhibit 3 for draft spatial plan).
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The draft revision consists of the following policies:

Strengthening and restoration of protected areas, including national parks, protected
forests, river banks and springs, and areas with gradients exceeding 40 percent;

Increased productivity of economic potential of the region through utilization of
sustainable natural resources;

Increased economic growth in the region's by prioritizing regions with high economic
value, managed in an integrated and environmentally friendly manner;

Development and improvement of infrastructure in the context of realizing service
area; and

Improving the function in the area of national defense and security.
Exhibit 3. Spatial pattern of Merangin District Spatial Plan, 2011-2031
4.1.2
Muaro Jambi
The DSP is pending DPRD approval and the SEA is not complete. The Bappeda as the BKPRD
leader has been assigned to provide the base maps required by the consultant, to satisfy substantial
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planning and development requirements, to supervise the consultant’s performance of the work,
and to coordinate those district agencies that are BKPRD members. The draft RTRWK for Muaro
Jambi contains seven policies on spatial use arrangements:

Development of modern agriculture which is based on the processing industry and
agricultural product marketing

Urban and village development in support of regional economic development

Integrated and balanced regional infrastructure development at every production
center, activity center, growth center and service center

Establishment of protected forest in support of sustainable development

Industry development of agriculture and plantation processing products

Strategic area development in support of regional development

Improvement of functional areas for the purpose of national defense and security
Exhibit 4. Spatial pattern of RTRWK for Muaro Jambi
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4.1.3
Mamuju
The Mamuju DSP preparation process led to a new regional spatial plan draft in 2012, referring to
the Long-term Development Plan of West Sulawesi and the SEA for the Province. As of 2013, it
was still in the process of obtaining approval from the Government with respect to the forestry
aspects. The development process used the West Sulawesi Spatial Plan pursuant to Law No. 26 of
2007. The Mamuju District Government has prepared the necessary documents for an SEA and
completed spatial layout, with both items completed simultaneously in July 2012. Accordingly, in
preparing its Regional Spatial Plan, Mamuju District referred to the SEA documents as the basis for
the development policy, planning, and program in Mamuju District for the next 20 years. In the
absence of the regional spatial and planning coordination not being finalized for Mamuju, the
spatial planning process is currently run by Bappeda in coordination and synchronization with
other government agencies.
The Spatial Structure Plan of Mamuju District was prepared for a period of 20 years (2012-2032)
and covers the development of activity centers, a major infrastructure network (transportation
system), and other infrastructure networks (energy network, telecommunications network, and
water resources system). The activity centers in Mamuju District are the nodes of social, cultural,
economic, and/or public administration services in the district.
Since the spatial plan is in process, no other land use decisions were reported as of this assessment,
such as forestry and others. But in order to understand the consistency between the spatial plans
with other planning documents, we assessed the consistency between the spatial plan and other
related documents, especially SEA and RPJMD. The figure below presents the variation between
the two. The key results of this assessment are as follows:

Classification of forest area is consistent between the Mamuju DSP and SEA-RMTDP
document.

There is variation between the SEA and RMTDP for Ganda Dewata National Park and
the Kalumpang Wildlife Area, which is described as protected forest in the DSP, but
not in the SEA and RMTDP plan.

The Rice Field–Crops Development Area is larger in the SEA (2.99%) than in the DSP
(1.43%) because the SEA includes areas where conditions are right for cultivation.
Exhibit 5. Comparison between SEA Pattern and Draft RTRWK for Mamuju
Spatial Pattern Plan
Ganda Dewata National Park
SEA
(ha)
90,979
SEA
(%)
18.75
HL
64,433
13.28
233,573
48.15
HP
19,131
3.94
20,474
4.22
HPK
15,694
3.24
12,688
2.62
HPT
124,570
25.68
127,495
26.28
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Spatial Plan
(ha)
-
Spatial Plan
(%)
-
19
Spatial Pattern Plan
SEA
(ha)
Riparian/River Protected
SEA
(%)
-
-
Spatial Plan
(ha)
871
Spatial Plan
(%)
0.18
Kal. Fauna Conservation
77,429
15.96
-
-
Not Suitable
4,710
0.97
-
-
Plantation Plan
73,646
15.18
72,279
14.9
Rice Land – Palawija
14,522
2.99
6,935
1.43
Settlement Development
-
-
7,803
1.61
Prone to Natural Disasters
-
-
1,979
0.41
Fishery
-
-
1,016
0.21
485,115
100
TOTAL
485,115
100
Source: Results of digitizing spatial pattern map for West Sulawesi, SEA, and RPJMD of West Sulawesi
Bappeda and calculating in Projection UTM zone 50 s, 1984 WGS Datum
4.1.4
Mamasa
The process of spatial planning in Mamasa District was completed in 2009, in tandem with the
spatial planning for West Sulawesi Province. However, at the time it did not include the SEA. The
SEA was completed in June 2012 but most of its substance was derived from the provincial SEA.
The district spatial planning should refer to the province’s spatial plan, but this has not been
implemented properly. In addition, the Perda for the West Sulawesi RTRWP has still not been
legalized yet, as the status of its forestry aspects is still under consideration. The draft RTRWK and
Perda for Mamasa are now being discussed by the Mamasa DPRD.
The Directorate General of Spatial Planning at the Ministry of Public Works provided technical
assistance to complete the substance of the Mamasa district spatial plan. The Mamasa RTRWK
Technical Document and RTRWK PERDA draft have both been discussed at the Mamasa DPRD.
However, there have been no consultative processes involving the community, entrepreneurs,
academics, NGOs, or other community leaders to enrich the substance of spatial plan. Although the
multi-stakeholder consultation process has not yet been done, the draft Mamasa district spatial plan
was received by BKPRN in early 2013 for discussion on its substance. With the technical
assistance provided by the Ministry of Public Works, Mamasa Bappeda contracted Cikarsa
Consulindo Makassar to be the consultant responsible for technical implementation of spatial draft
preparations at the district area. The tasks of the consultant were to prepare the maps needed for the
spatial plan drafts, prepare the technical documents, and the draft Perda. Bappeda, serving as
BKPRD, was in charge of coordinating other technical line agencies in the preparation of the draft
RTRWK and Perda.
Exhibit 6 presents the differences in the spatial plan between the SEA and the draft RTRWK for
Mamasa.
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Exhibit 6. Comparison between SEA pattern and draft RTRWK for Mamasa
Spatial Pattern Type
SEA (ha)
SEA (%)
Spatial Plan (ha)
Spatial Plan
(%)
-
-
Ganda Dewata National
Park
66,534
21.88
HL
88,409
29.07
151,996
49.97
HPK
273
0.09
40,224
13.23
HPT
54,297
17.85
77,540
25.49
Not Suitable for
Commodities
71,319
23.45
-
-
Plantation Plan
4,791
1.58
24,994
8.22
18,528
6.09
9,103
2.99
294
0.1
304,150
100
Rice Land – Horticulture
Settlement Development
Plan
Total
304,150
100
Source: Digitization results from Space Pattern Planning Map of West Sulawesi Province, West
Sulawesi Province Bappeda
4.2
Data for Spatial Planning
Data that are needed for spatial planning includes:


Spatial Planning Document (national, province, and district), including:

Spatial pattern that distinguishes the category of cultivated/protected area,

Designation as a strategic area, and

Spatial structure, particularly with regard to the availability of a supporting infrastructure
network (road, electricity transmission network, and accessibility to a growth center or
regional/local activity/business center).
Land status/land concession, which is determined based on a Definitive Permit,
Exploration/ Reserve Permit, and an area which is free from permit/an area which is
not a concession area. The following institutions are officially issuing these licenses:
Ministry of Forestry, National Land Agency, and Ministry of Energy and Mineral
Resources.
The next section presents the district-level availability of land and land use data needed for spatial
planning. In addition to availability of data, there is a need to integrate all the data for efficient
analysis as is laid out in the sections which follow on the need and options for data integration.
4.2.1
Existing Land and Land Use Data
The two main sources for map-based land information for all districts is Ministry of Forestry and
ICRAF. In Jambi Province, the ICRAF map includes information provided by the Ministry of
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Forestry, Bakosurtanal, Jambi Province Bappeda, and Merangin and Muaro Jambi District
Bappeda. This map includes information on land status for overlapping allotments and licenses. For
Merangin and Muaro Jambi, there are seven types of land status, namely: overlapping permits,
potential overlapping permits, forest concessions, mining concessions, plantation concessions,
conservation areas, and no concessions. In all four districts there is no geo spatial data available in
minimum scale 1:50.000. And the available data is not standardized. There also exist several gaps
in the available data. For example, in Mamasa, the planned delineation of each area, its position
and size were not available yet. The position and size of the area are needed for a compatibility
analysis against actual conditions. Disaster Prone Areas (RBAs), susceptible to earthquakes,
tsunami, landslides or flood were not clear. This issue could not be resolved, although the spatial
analysis of landslide areas and flood areas could be supported if the necessary data and information
were available. There is no interactive institution managing spatial data and information; all data
are still stored at the related SKDP.
The table in Exhibit 7 which follows presents the availability of data across the four starter
districts.
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Exhibit 7. Existing Land and Land Use Data of PLUP of Four Starter Districts (Merangin, Muaro Jambi, Mamasa and Mamuju)
Item
Source
District
Remarks
Merangin
Muaro
Jambi
Mamuju
Mamasa
Villages Map
BPS, 2010
√
√
√
√
There is no exact delineation of village boundary,
there is available on indicative data (sketch) only
Spatial Structure
Bappeda-RTRWK,
2012
√
√
√
√
For Mamasa and Mamuju, it used basic map, with
its map scale is 1:50,000 (source from BIG). For
Merangin and Muaro Jambi, it used 1:250,000
map scale (source from BIG)
Spatial Pattern
Bappeda-RTRWK,
2012
√
√
√
√
Strategic Areas
Bappeda-RTRWK,
2012
√
√
√
√
Land Cover
Ministry of Forest, 2011
√
√
√
√
It used webgis data of Ministry of Forestry of 2011
with accuracy of map scale is 1:50,000
Forest
Classification
Jambi --> MOF 2012,
West Sulawesi -->
Draft RTRWP 2013
√
√
√
√
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Item
Source
District
Remarks
Merangin
Muaro
Jambi
Mamuju
Mamasa
√
≠
≠
≠
Digitation result from GIS staff of Abt from ICRAF
Report
Forest Concession
Hutan Desa
HKM
WebGIS MOF
√
√
√
√
No available on accuracy of spatial data
HTR
WebGIS MOF
√
√
√
√
No available on accuracy of spatial data
IUPHK-HPH
West Sulbar --> MOF
≠
≠
√
√
This has been re-drawing from HPH map of
Sulawesi Barat of 2007 with its map scale is
1:250,000
IUPHK-HTI
WebGIS MOF
√
√
√
√
No available on accuracy of data spatial
Muaro Jambi --> BPN
and Bappeda, 2009
Merangin --> BPN and
Bappeda, 2006
√
√
≠
≠
WebGIS Ministry of
Mineral and Natural
Resources
√
√
√
√
1. No available on accuracy of spatial data (IUP)
Plantation
HGU
Mining
IUP
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Item
Source
District
Merangin
Muaro
Jambi
Remarks
Mamuju
Mamasa
2. The accuracy of the bloc in the map is not
necessarily describing the actual of total area
(width), because the bloc itself was made as
indicative. In addition, no verification activity was
conducted in the field
Adat Territory/
Customary Territory
Hutan Adat
Bappeda 2011
√
≠
≠
≠
A digitation results from GIS staff of Abt. It used
basic map of RTRWK draft, with its map scale is
1:250,000
Forest
Management Unit
(Kesatuan
Pengelola
Hutan/KPH)
BAPLAN 2011->Spatial
BAPLAN 2013->Tabular
√
√
√
√
Key to symbols:
√ Available
≠ Not available
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4.2.2
Data Integration
Data integration in spatial planning institutions can reduce duplication of spatial data and improve
the government’s planning process. However, spatial data integration is a complicated issue in
Indonesia because integration must be carried out on the base and thematic maps, which may be
derived from various sources and data custodians, at national, provincial or district level.
Institutions and organizations making spatial data tend to use the data to their own standards,
without considering whether the data would be useful to other institutions in order to avoid
duplication, or whether it could be combined with other data to produce useful data and
information needed in spatial planning. Several technical issues must be addressed when
performing spatial data integration:

Differences in the spatial reference system

Differences in the scale of data sources

Differences in the definition of a feature or object

Differences in data quality due to different spatial resolution or method of data
acquisition

Differences in the attributes of the spatial data (geometry, feature names, attributes,
land type, topology, etc.)
In terms of developing accountable geospatial information, Law No. 4 of 2011 on
Geospatial Information presents an opportunity to develop and manage a national
mapping system that can integrate data needs from the district to the provincial and
national level. At the national level, data integration can be done by establishing a One
Map and One Gate System, while at the provincial and district level; several constraints
were identified, as follows:

JDSN has not yet been established, as mandated by Presidential Regulation No. 85 of
2007.

No organization or data unit/center has been established yet that has the legal
authority needed to improve coordination among district agencies whose background
is land based, such as Forestry, Agriculture and Plantations, Energy and Mineral
Resources, and Public Works agencies, and BPN.

Coordination in gathering Thematic Geospatial Information (Informasi Geospatial
Thematik/IGT) from different sectors is still challenging, even though they are all part
of the BKPRD team.

There is a lack of institutional capacity in data handling, particularly for geospatial
information. This might be due to:

The structure of the organization: There is no specific unit for geospatial information
management in the district government line agencies, BPN or Bappeda

The job descriptions of government officials: There is no specific personnel policy to focus
on the management of geospatial information that will prevent skilled officials from being
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transferred to positions that bear no relation to spatial planning and geospatial information
management. This includes the absence of specific career paths for those with skills in
geospatial data and information management, or spatial analysis, or even for GIS
technicians.

Merangin District has not yet complied with Law No. 4 of 2011 on Geospatial Information,
particularly on the provision of programs and special services in data management, public
service, and collaboration with stakeholders.
The following are some data gaps and inconsistencies in spatial data integration in Merangin and
Muaro Jambi:

Each responsible institution or organization makes its own spatial data for its own
purposes, using its own standards and does not share it to avoid duplication or
integration.

Development of district spatial plan was not done exclusively by the district
government (in this case Bappeda) due to a lack of resources and capacity, but was
supported by a third party spatial planning consultant. This led to the district
government relying on the consultant to create and update the data, and to make
revisions to the district spatial plan.

Some spatial data were held by the consultant, preventing users (government and
non-government) from accessing and updating the data in a transparent way.

Land tenure problems in the field had an impact on the clarity of the administrative
boundaries of villages, sub-districts, and districts.

Data updates and synchronization among district government agencies were difficult
to realize due to a lack of coordination and no defined mechanism for data sharing
and integration.

There were no dedicated staff managing the spatial database as data keeper at the
district level, linking it to the spatial database at province and national levels
West Sulawesi: Gaps in Data Integration in Mamasa and Mamuju
The process of data exchange from West Sulawesi Province to the District and vice versa in terms
of data integration is coordinated entirely by Bappeda, and is generally in the form of tabular data
submitted from each line sector agency, without its accuracy being verified. The data is then
handed over to the provincial BPS office to become official data. Spatial data comes from a third
party in JPG format, as does the data used to implement spatial planning in Mamuju District. In
West Sulawesi, the quality of spatial data information and administration found in Mamuju and
Mamasa was generally similar, particularly in relation to land status. Technical issues with spatial
data management in Mamuju follow:

Lack of data integration among local government agencies

Poor data sharing between district and provincial government
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
Data from third party was in JPG format, which could not be re-formatted for further
analysis

Lack of integration and synchronization of textual and spatial data

Lack of funds and human resources in textual and spatial data management

Regular staff rotation was one of the main obstacles to integrating data
Technical issues with spatial data management in Mamasa were as follows:

The arrangement of the main data in Mamasa District is fundamental for formulating,
implementing and controlling the development process. The data did not meet the
standards regulated in Government Regulation (GR) No. 8 of 2003 on RTRW map
accuracy

For the data exchange process between West Sulawesi Province and the district, data
integration was coordinated by Bappeda using tabular data provided by each SKPD,
without an accurate verification process

Spatial and textual data were available in Shape and JPG files. For the district
administrative area, the scale was 1:100,000, while for the atlas the scale was 1:50,000

Forestry Agency of Mamasa District used spatial data standardization mandated in
the IG Law. However, processing the spatial data into a Forestry Master Plan was
done by a third party (Central Forestry and Bakosurtanal officials). Mamasa District
Forestry Human Resources were unable to process the spatial data, and had limited
hardware and software available to them.

The boundaries of Mamasa District cooperated with West Sulawesi Tomdam do not
use the RBI maps published by Bakosurtanal. According to the IG Law, RBI maps
should be the standardized mapping reference.

The Mamasa District RTRW does not refer to the provincial KLHS drafts, causing
major deviations.
4.3
Capacity for Spatial Planning
A lack of capacity in human resources is one of the main hurdles in spatial data management in all
the starter districts. Lack of human resources especially in spatial plan is facing by all 4 districts.
There is a lack of capacity to analyze data and information, as well as spatial data management.
Given the lack of capacity, consultants and university staff have helped in the process.9 However,
this consultation has not resulted in either building capacity in the government or in the transfer of
9
Technical assistance for spatial planning process in Merangin and Muaro Jambi by University of Jambi
(UNJA); technical assistance for spatial planning in Mamuju by University of Hasanuddin Makasar
(UNHAS); technical assistance for spatial planning in Mamasa by Cikarsa Consulindo consultants in
Makassar
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data and knowledge to the local staff. Furthermore, the data has become assets of these third
parties. The contexts of lack of human resources are:

Capacity of human resources to analyze data and information, both textual and spatial
data. This is a result of limited human resources in Merangin District, Muaro Jambi
District, Mamuju District and Mamasa District, especially where those involved in
BKPRD team should have formal education and sufficient analytical capacity to
analyze data and information needed. Based on Government Rule no. 15/2010 article
32, the minimum skill of data management and analysis are:

Analysis techniques and carrying capacity of the environment is determined by the
Strategic Environmental Assessment (SEA), and

Technical analysis of inter-regional linkages district.

The limited number of personnel who were deployed to support District Spatial Plan
process. In addition to low capacity levels, additional manpower is needed to
complete the spatial plans, thus creating a vicious circle which leads to the use of third
parties to provide a short-term solution.

Limited capacity of human resources skills, especially in spatial data processing. The
supporters team has vital role in the preparation of thematic maps for developmental
planning needs, including various thematic data that must be prepare in spatial plan
documents. Human resources capacity in each district in the processing of spatial data
is still very limited
In the findings reported by the team, both Merangin and Muaro Jambi District had the following
issues with capacity of Bappeda and Bupati offices:

Incompatibility of the education background of local government officials with needs
for geospatial data and information management. For instance, Merangin District
Bappeda has only two staff that manage geospatial data and information.

Lack of capacity building for staff in spatial data.

Lack of supporting infrastructure such as up-to-date computers, GIS, software, spatial
data information system (integrated network).

Merangin District Bappeda has only two staff that manage geospatial data and
information.

Few opportunities for individual capacity building through vocational training in
geospatial data and information management.

Lack of learning support facilities and instruments, such as specialized computers,
GPS, and appropriate GIS software. For instance, Merangin Bappeda still uses ArcGIS
version 9.3, while the current version is 10.2.
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4.4
Land Use Assessment
Under this assessment we present the existing strategic areas in each district, the permit overlaps,
and the potential for GP investment. There are three key aspects: data preparation; analysis of land
use status and concessions; and determining potential locations for investment. The third element
requires good data quality issued by licensors. Based on the analysis of the starter districts,
overlapping permits and land use are likely to occur as a result of poor quality data, and weak interagency coordination. The spatial pattern developed for the planning process was insufficient for use
as an input to ensure suitability and compatibility of land use with the GP investment objective.
There is a need to conduct on-the-ground assessments of land use and status, particularly in areas
with potential for GP investment. This is particularly related to the inadequate quality of the
available data on land use and land cover. It is important for GP to work closely with the local
government in preparing the Detailed Spatial Plan (RDTR), especially in defining zoning and
ensuring sustainability with GP investment objectives. The following sections present the results of
our land use assessment in the four starter districts.
4.4.1
Muaro Jambi
Land Status Analysis: Muaro Jambi has formally established national, provincial and district
strategic areas. These strategic areas aim to support district economic growth, and areas are
described below.

National strategic area, which refers to the functional interest and ecological carrying
capacity, is Berbak National Park.

Provincial Strategic Area in the district consists of:


In terms of economic interest, the provincial strategic area is Muaro Bulian–Jambi City and
the surrounding area.

In terms of social and cultural interest, the provincial strategic area is Integrated Historical
Tourism at Muaro Sebo Sub-District.
From an economic interest/perspective, the district strategic areas are:

Sengeti, City of Jambi and surrounding area;

Agropolitan area at Muaro Sebo Sub-District, Kumpeh Ulu and Sungai Gelam SubDistrict;

Minapolitan area at Jambi Luar Kota Sub-District; and

Tourism area of Muaro Jambi temple.
Part of the area of Muaro Jambi District is burdened with plantation and mining licenses and a
conservation area. Overlapping permits occur in every sub-district, and there are very few areas not
burdened by such licenses. The analysis of land status in Muaro Jambi District has been through
the process of super-imposing of maps of land-based concessions, consisting of:

Permits/licenses for utilization of forest area:

Forest Park (Taman Hutan Rakyat/Tahura) in Kumpeh Sub-District
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
Community based timber plantation (HTR) in Sungai Gelam Sub-District

Timber Plantation Concessions (HTI) of PT. Wira Karya Sakti in Sekernan, Maro Sebo,
and Taman Rajo Sub-Districts; PT. WKS in Kumpeh Sub-District, PT. Rimba Hutani Mas
in Sakernan Sub-District; and PT. Dyera Hutani Lestari in Kumpeh Sub-District

Forest Management Units (KPH), consisting of four units, namely: Unit XI in Sakernan
Sub-District; Unit XII in Kumpeh, Taman Rajo and Sungai Gelam Sub-Districts; Unit XIV
in Sakernan, Muaro Sebo and Taman Rajo Sub-Districts; and Unit XV in Sakernan SubDistrict

Permits for mining (Mining Concession Permits), in every sub-district except Kumpeh
and Muaro Sebo

Commercial Land Utilization Right (HGU) for palm oil plantations in every subdistrict, with the biggest concession being in Sungai Bahar Sub-District.
Exhibit 8. Overlapping concessions and permits in Muaro Jambi District
The analysis identified four land-based groups:
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Land Status
Description
Overlapping area
One or more than two
definitive permits
Legend (map)

Concession overlap 3 Licenses (1)

Potential conflict on boundary
One definitive permit, and
two or more
exploration/reserved permits
Single concession (no
overlapping area)
One definitive permit only
No concession area
Definitive or reserved
concession permit not
available
Forest Production Area (5)

Mining Concession (3)



Estate Concession (4)
Industrial Plantation Concession (6)
Forest Management Unit (8)
No Concession (11)
Exhibit 8 shows the overlapping area of reserved and permits from the plantation, forestry and
mining sectors; as well as potential overlapping areas and areas which are free from the
overlapping
Most of the concession area in Muaro Jambi District is designated for HGU for palm oil
plantations. One HGU overlap is with a mining concession in Sungai Bahar Sub-District. The other
HGU overlap is for utilization of a forest concession area, specifically, an industrial forest
plantation (HTI) in Sakernan, Muaro Sabo and Taman Rajo Sub-Districts. The HTI concession of
PT WKS is in Taman Rajo and Kumpeh Sub-Districts, and this concession surrounds the area of
Londerang protected forest and goes up to Tanjung Jabung Timur District. The Londerang
protected forest area is peat land forest with a soil depth of 1-5 meters.
Based on data obtained from the SEA for Jambi Province 2011–2031, social conflict on land tenure
claims in Muaro Jambi District exists only in Sungai Bahar Selatan Sub-District. This social
conflict is actually in Bejubang Sub-District, Batang Hari District, which borders Sungai Bahar
Selatan and Sungai Bahar Sub-Districts. The social conflict in Bejubang Sub-District is due to a
land tenure claim from a local tribe (Suku Anak Dalam) over the plantation concession of PT
Asiatic Persada. The conflict first arose in 2010 and has never been resolved.
Potential Areas for GP Investment in Muaro Jambi: Based on just a review of areas with no
concessions or no overlapping and is status for use as non-forest or forest, the potential area for
land-based investments:
Status of Potential Area
Description
Potential Area for the
Land-Based
Investment
Potential area for investment in
non-forestry activity
Area that can be utilized (no
concession or overlapping) and is
located in a cultivated area

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
Suitable areas for
land investment:
Food crops
Plantation Area
32
Potential area for investment in
forest activity
Area that can be utilized for
developing land-based investment for
forest activities located in a cultivated
area
Production Forest
Non-potential area for
activity
Area that cannot be utilized because
there are one or more licenses
and/or it is located in a protected
forest and cultivated area
Not a suitable area
The area suitable for land-based investment in Muaro Jambi District is a cultivated area intended
for developing horticulture (wet or dry). The area for horticulture development is spread across
Kumpeh, Kumpeh Ulu and Taman Rajo Sub-Districts, while plantations are spread across every
sub-district.
Another suitable area is for forestry activity, namely production forest development located in the
area of KPH Unit XII, in the Sub-Districts of Kumpeh and Taman Rajo. Based on strategic area
directives, part of Berbak National Park has a strategic position that needs to be maintained,
namely to support agricultural activity and contribute a greater role to the economic development
of the local community, as well as to protect the peat land function of Berbak National Park. It is
important that development of dry/wet land-based agriculture be maintained in the peat land area.
Without proper maintenance and management of agriculture activity in the peat land area (swamp
forest), ecological disasters could follow, including drought, flooding, forest fires, carbon
emissions, loss of biodiversity, harvest failure, and poverty).
Based on the GP investment objective, which emphasizes improving community welfare and
reducing carbon emissions, the results of the geospatial analysis in line with potential areas of GP
investment are: (i) a potential area for investment in non-forestry activity; and (ii) a potential area
for investment in forest activity. This area is located in Berbak National Park. GP investment is
expected to reduce ecological pressure while benefitting economic development in the local
community.
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Exhibit 9. Land Based Investment in Muaro Jambi District
4.4.2
Merangin
Land Status Analysis: Merangin District has established three types of strategic areas, as set out in
the Draft RTRWK for Merangin, – National Strategic Areas, Provincial Strategic Areas, and
District Strategic Areas, as follows:

National Strategic Area in Merangin District is Kerinci Seblat National Park (Taman
Nasional Kerinci Seblat/TNKS), covering approximately 166,609 hectares in Jangkat,
Sungai Tenang, Lembah Masurai, Muaro Siau, Pangkalan Jambu, Sungai Manau and
Tabir Barat Sub-Districts. TNKS is a nature conservation area with a unique ecosystem
and high values of biodiversity in terms of flora and fauna. The TNKS Forest
ecosystem serves as a catchment area for the Watershed (Daerah Aliran Sungai/DAS)
of Batang Hari and Air Dikit, covering an area in Jambi and Bengkulu Provinces.

The area of Bangko-Sarolangun is a Provincial Strategic Area. This strategic area is
expected to become a major growth center in the central region of Jambi Province that
is able to push the hinterland to grow more rapidly. The leading sectors in the
strategic area of Bangko-Sarolangun are forestry, plantations, farming, mining and
tourism.
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
Bangko Urban Area is a District Strategic Area, which is an activity center for services
and trade, administrative center, settlements, education and tourism. Bangko is
designated to serve as the Activity Center for Regional Promotion (Pusat Kegiatan
Wilayah Promosi/PKWP).

The areas of natural and cultural tourism include Arboretum Rio Alip Bangko
Tourism Forest, Bangko Tiung Bird Park Hill, heritage site of Old House of Rantau
Panjang and Batu Bertulis Karang Berahi site. The Batu Larung sites are Dusun Tuo
and Nilo Dingin in Lembah Masurai Sub-District, Lubuk Mentilin in Jangkat SubDistrict, and Gedang Village in Sungai Tenang Sub-District.

The agropolitan area of Lembah Jang Tenang consists of Lembah Masurai, Jangkat
and Sungai Tenang Sub-Districts, and has potential for the development of
horticulture agriculture and plantations, especially potatoes, vegetables, patchouli and
coffee.

The agroindustry area consists of the areas of Pamenang Barat, Bangko Barat, Batang
Masumai, Nalo Tantan and Tabir Lintas Sub-Districts. It aims to support the
optimization of agriculture and plantation potential in Merangin District, and to
encourage the growth of other sectors.

The Geopark area is an area that has unique rocks and fossils that are millions of years
old, located in Bangko Barat and Renah Pembarap Sub-Districts.

The area of geothermal energy is located in Jangkat and Sungai Tenang Sub-Districts.
The geothermal potential has not yet been explored.
Minister of Forestry Decree No. 727 of 2012, which is a revision of Minister of Forestry Decree
No. 421 of 1999, is the basis for the preparation of the RTRWK of Merangin. Forest Areas in
Merangin include TNKS, Protected Forest, Production Forest, and Limited Production Forest.
Merangin District has already established four Customary Forests (Hutan Adat), namely:

Rimbo Penghulu Depati Gento Rajo Customary Forest

Guguk Customary Forest

Desa Baru Customary Forest

Bukit Pintu Koto Customary Forest
By way of an overview of land status in Merangin District, most areas in Merangin District have
been burdened by estate/plantation licenses and conservation areas (TNKS). The analysis of land
status through overlay maps of land-based concessions includes:

Licenses for forest area utilization, consisting of:

Hutan Desa: Sub-districts of Pangkalan Jambu (1), Muara Siau (3), Lembah Mesurai (3),
Sungai Tenang (9), and Jangkat (1)
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
Community-based Timber Plantation Forest (Hutan Tanaman Rakyat/HTR) in Muaro Siau
Sub-District

Timber Plantation Forest Concession (Hutan Tanaman Industri/HTI): PT. Duta Alam
Makmur in Lembah Masurai and Sungai Tenang Sub-Districts, PT. Jebus Maju in Sungai
Manau and Renah Pembarap Sub-Districts, and PT. Mugitriman International in Tabir and
Tabir Ulu Sub-Districts

Forest Management Units (KPH), consisting of Units III, IV, V, VI and VII

Licenses for mining (Izin Usaha Pertambangan/IUP) comprising 12 IUPs

Commercial Land Utilization Rights (Hak Guna Usaha/HGU) for oil palm plantations

Customary Forests (Hutan Adat) in four Sub-Districts, namely, Pangkalan Jambu,
Tabir Barat, Renah Pembarap, and Jangkat
The results of the spatial analysis show that in several areas there are indications of overlapping
licenses, with concessions for forest utilization, plantation utilization right, and mining permits. But
there are many other areas which have potential for land-based investment, namely in areas that do
not overlap (single concessions) and areas where concessions are unclear.
Land status
Description
Map legend
Overlapping area
One or more than two
definitive permits
 Concession overlap – 3 Licenses (1)
 Concession overlap – 2 Licenses (2)
Potential conflict on
boundary
One definitive permit, and
two or more exploration/
reserved permits
Forest Production Area (5)
Single concession (no
overlapping area)
One definitive permit only







No concession area
No concession permit,
either definitive or reserved,
is available
No Concession (11)
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Estate Concession (4)
Community Plantation Forest (7)
Village Forest (9)
Customary Forest (10)
36
Exhibit 10. Overlapping concessions in Merangin District
Potential Areas for GP Investments in Merangin: Potential areas for land-based investment were
decided by super-imposing the Map of Spatial Pattern/Strategic Areas, and by analyzing the land
status. The consideration of spatial patterns derived from the land status analysis will provide
direction for future land utilization, especially for areas that support land-based investment
activities. At the same time, the consideration of strategic areas will provide intensive development
for the area concerned. Opportunities to develop synergy among investment projects through the
government's development program in the development of strategic areas can be integrated.
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No.
Potential Area Status
Description
Potential Area for
Land-Based
Investment
Potential area for
activity
Area that can be utilized (no
concession or overlapping) and
Suitable area for land
Investment:
2
Potential area for
investment in forest activity
Area that can be utilized for
developing land-based
investment for forest activities
Production Forest
3
Non-potential area for
activity
Area that cannot be utilized
because there are one or more
licenses and or it is located in a
protected forest and cultivated.
Non-suitable area
1
-
Food crops
Plantation Area
As mentioned earlier, the district strategic area of Lembah Jang Tenang in Lembah Mesurai,
Jangkat and Sungai Tenang Sub-Districts aims to develop into an agropolitan area. The spatial
structure that supports the development of these sub-districts comprises:

A transportation network from the capital of Bangko to the capitals of Lembah Masurai,
Jangkat and Sungai Tenang Sub-Districts is connected by a main road. The quality of the
current road is good.

The urban area of Pasar Masurai in Lembah Masurai Sub-District serves as an administrative
center and transportation node. The capitals of Jangkat (Muara Madras) and Sungai Tenang
(Rantau Suli) function as Centers for the Services Area.

For the electricity transmission network, Jangkat Sub-District aims to become a Power
Station/Base, while Lembah Masurai and Sungai Tenang Sub-Districts will be connected
through a Medium Voltage Network (Saluran Udara Tegangan Menengah/SUTM) with a
capacity of 50kVA.
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Exhibit 11. Land Based Investment in Merangin District
4.4.3
Mamuju
Land Status Analysis: Considering the separation of Mamuju Tengah District from Mamuju
District, the geospatial analysis will use the latest administrative border of Mamuju District,
consisting of 11 sub-districts.
The district strategic areas (Kawasan Strategis Kabupaten/KSK) are:

Trade and services in Mamuju and Belataka

Tourism area in Lombang-Lombang beach, Salupompong and Belang-Belang in
Kalukku Sub-District

White sands in Bonetangnga and Karampuang Island in Mamuju Sub-District;
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
Kalukku Agropolitan area, which includes Kalukku, Simboro, Tapalang and Tapalang
Barat sub-districts

Mamuju Minapolitan area, which includes Mamuju, Kalukku, Papalang, Simboro,
Tapalang and Tapalang Barat sub-districts

Iron ore mining area in Kalumpang, Topoyo, Karossa, Tapalang and Simboro subdistricts
Changes in the function and designation of the Forest Area of Mamuju District began in 1996 in the
form of HPH and HTI. Through Minister of Forestry Decree No. 799 of 2009, West Sulawesi has
13 Regional Forest Management Units covering 1,099,827 ha. consisting of Production Forest
Management Units (FMU) (KPHP) covering 379,153 ha. and Protected FMU (KPHL) covering
720,674 ha.
The issuance of Minister of Forestry Decree No. 726 of 2012 on Amendment of the Designation of
Forest Areas to become APL, covering approximately 64,261 ha, and Changes in Forest Area
Function covering approximately 251,600 ha in West Sulawesi Province, resulted in almost all
KPHP and KPHL regions established by Minister of Forestry Decree No. 799 of 2009 having their
status changed under Minister of Forestry Decree No. 441 of 2012, namely, KPHL Unit XII (Ganda
Dewata) and KPHL XIII (Kalumpang). These areas are currently the subject of a proposal to
rezone the FMU in West Sulawesi Province based on the Governor of West Sulawesi Decree No.
522 of 2013 dated July 10, 2013. The proposal asks the Ministry of Forestry to convert the
protected forest in the KPHL area to become APL. The following are the results of the re-zoning:

Protected Forest in KPHL Unit XII (Ganda Dewata) of approximately 157,598 ha has
been changed to a Conservation Area of 103,314 ha (65.56%)

Protected Forest in KPHL Unit XIII (Kalumpang) of approximately 79,738 ha has been
changed to a Conservation Area of 67,191 ha (84.26%)
The existing forest concessions in Mamuju District are as follows:

HPH PT Inhutani I Mamuju (Decree No. 350/Kpts-II/1996) covering 29,750 ha

HPH PT Intan Hutani Lestari (Decree No. 256/Kpts-II/1998) in Mamuju District
(10,930 ha) and Central Mamuju District (2,108 ha)

HTI PT Amal Nusantara (Decree No. 302/Menhut-VI/2009) in Mamasa District, while
according to the spatial data analysis, some parts are located in Mamuju District, but
only 15 ha, and this is still part of secondary forest vegetation cover

HPH PT Rante Mario (Decree No. 532/Menhut-II/2009) in North Mamuju, Central
Mamuju and Mamuju Districts (covering only 4,897 ha)
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Exhibit 12. Land cover in Mamuju District
Mamuju District has also mineral potentials, and there is a long list of mining concessions (IUP)
operating there, as shown in the accompanying table.
Company
Status of
mining
permits
Commodity
Extent
(Ha)
Sub-district
PT. Aneka Tambang Tbk
Exploration
--
10000
PT. Anugerah Abadi Semesta
Permit Stage
Coal
8500
Sampaga
PT. Anugerah Abadi Sentosa
Permit Stage
Coal
8500
Kalumpang
PT. Bonehau Prima Coal
Exploration
Coal
98
PT. Debbia Mining
Permit Stage
Gold
9000
Kalumpang
PT. Debbia Mining
Permit Stage
Gold
9000
Bonehau
PT. Kutama Mining Indonesia
Permit Stage
Coal
3239
Bonehau
PT. Merapi Raya Permai
Permit Stage
Gold
2400
Sampaga
PT. Samudera Rejeki Perkasa
Exploration
Coal
4000
Bonehau
Kalumpang
Bonehau
Source: ESDM Agency, West Sulawesi Province 2013
Based on this information, the distribution of permits and licensing of land-based investment in
Mamuju District is as illustrated in Exhibit 13.
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Exhibit 13. Overlapping concessions in Mamuju District
There are four types of land status:
Land Status
Description
Map Legend
Consisting of two or more
definitive licenses



Consisting of one definitive
license and two or more
exploration/reserved
licenses

Non Forest Area (potential overlap with
mining) (6)
Forest Production Area (potential
overlap) (7)
One concession (not
an overlap area)
Consisting of one definitive
license





Logging Concession (5)
Community plantation forest (9)
No concession area
No definitive concession
licensed or reserved
Overlapping area
Potential border
conflict
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No Concession (11)
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Exhibit 13 shows overlapping areas of reserved and licensed plantations, forestry and mining
sectors, potential overlap areas, and no overlap areas. Most concessions in Mamuju are intended for
mining, and are distributed among almost all sub-districts in Mamuju. Overlaps in mining
licensing, HTI and KPH mostly occur in Tomo, Kalumpang sub-district, and Tapalang sub-districts.
A mining license (IUP) overlap with HPH Inhutani occurs in Papalang, Kaluku, and Bonehau subdistricts. An overlap of an IUP with HPH Rante Mario occurs in Tomo sub-district.
Potential Areas for GP Invesment in Mamuju: Based on the analysis of geospatial data and other
relevant supporting data, three categories of potential areas for GP investment in Mamuju have
been identified:
Key
A
B
C
Potential Investment area in
Non-Forestry Activities
Non-Potential Investment area
in Non-Forestry Activities
Forestry Activities
Description
Explanation
Area that can be used (no
concessions or overlapping
areas) and is located in a
cultivation area
Potential area,
especially for cacao
plantation
Area that cannot be used
because it already has one or
more licenses and or is located in
a cultivation area
Big and spread
among most subdistricts
Area that can be used for land
based investment. Located in
cultivating/ protected area
Area development
based on KPH
purposes
Exhibit 14. Land based investment in Mamuju District
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Most areas appropriate for investment have potential for forest development, especially in
Kalumpang and Bonehau sub-districts, and for plantations (especially cacao) in some parts of
Bonehau, Kaluku, Papalang, and Tomo sub-districts. While investment in horticulture products can
mostly be implemented in the plateau region of Tomo and Tapalang sub-districts.
The spatial structure plan supporting the directive for land based investment potentials is as
follows:

Road development plan in the RTRW for Mamuju District 2012–2032 focuses on
development of a national strategic main road connecting provincial cities in Sulawesi. The
road in Mamuju is still undergoing improvements, especially the road connecting Mamuju
District to Tana Toraja. The provincial road is also still undergoing improvements, especially
between Bonehau and Kalumpang, where the quality needs to be improved.

As yet, the electricity transmission network still cannot serve most villages, especially in
Bonehau and Kalumpang sub-districts, which are highly dependent on micro-hydro power.
4.4.4
Mamasa
Land Status Analysis: The provincial spatial planning structure is the framework for the district
spatial structure, which is built upon a constellation of activity centers connected to each other by
district infrastructure networks, especially the transportation network.
The district infrastructure transportation system, especially roads, will require improvements, and
the construction of new road networks, in order to improve the quality of services among PPK
within the district and among districts. The transportation system plans are as follows:

Constructions of connecting roads to main roads over activity centers and other cities
in sub-districts

Construction of a new road from Mehalaan village to Pasembuk village in
Ratebulahan Timur sub-district in order to provide access between Botteng village
and Salubanua village, which were previously oriented to the Polewali Mandar area
(Mappili and Matangnga sub-districts)

Develop and accelerate construction of C terminal in Mamasa and Tawalian

Enhance and construct supporting terminals in Tawalian, Sumarorong, Randuk Kalua
and Mambi to improve the regional transportation system.
The spatial utilization pattern includes the location and distribution of settlement activities, work
places, industries and warehouses, agricultural and plantation activities, forests, socio-cultural and
socio-economic facilities, and transportation. Policy to develop protected areas in Mamasa involves
designing a protected area will provide protection for downstream areas, local streams, the
surrounding water system, and disaster-prone areas.
Based on the draft RTRWK for Mamasa, the direction of developments in spatial planning are
primarily for:
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
Plantation Sector Development: Development policy focuses on increasing plantation
production and quality, and on re-planting, especially for seed crops like coffee and
cocoa in Mamasa District, and the development of agribusiness plantations and largescale industrial commodities.

Development of Mining Area: Policy on mining area in Balla, Messawa and
Sumarorong districts aims to improve community welfare without damaging the
environment.

Agriculture Sector Development.
Regarding forest management and forestry land status in Mamasa District, through Minister of
Forestry Decree No. 441 of 2012, in the status of the Protected Forest Management Unit (Kesatuan
Pengelolaan Hutan Lindung/KPHL) of Mamasa Tengah within the BP Sadang watershed was
upgraded to become Ganda Dewata National Park (TNGD). The extent of TNGD is about 157,777
ha. TNGD straddles Mamasa District and Mamuju District. The area of the TNGD within Mamasa
District is about 71,806 ha, while about 85,971 ha are in Mamuju District.
The KPHP Model for Mamasa Barat, established by Minister of Forestry Decree No. 341 of 2011,
overlaps with the HTI of PT. Amal Nusantara. The area of the KPHP Model in Mamasa Barat,
which covers an area of 53,555 ha, consists of Protected Forest (Hutan Lindung/HL) of 17,352 ha,
and Limited Production Forest (Hutan Produksi Terbatas/HPT) of 36,203 ha.
Mamasa District is divided into two area management units: (a) the BP Sadang Watershed,
covering Mesawa, Sumarorong, Tandukkalua, Balla, Tawalian, Sespa, Mamasa, Nosu, Pana and
Tabang sub-districts, also known as Mamasa Timur KPHL; and (b) the BP Lariang Mamasa SubWatershed, covering the sub-districts of East Rantebulahan, Melahan, Mambi, Arale, Bambang,
Buntu Melaka and Tabulahan, also known as Mamasa Barat KPHP.
Establishment of Mamasa Timur KPHL, some of whose sections are also part of Mamuju District,
was based on a proposal submitted by the Governor of West Sulawesi, No. 522 of 2012 regarding
Gazetting of Forest Area as National Park or Wildlife Sanctuary. The Ministry of Forestry
responded to the proposal by officially establishing Mamasa Timur KPHL and Mamasa Tengah
KPHL covering an area of 157,777 ha, as conservation forest based on Minister of Forestry Decree
No. 441 of 2012. The plan is to upgrade the conservation forest area to become Ganda Dewata
National Park (TNGD).
Vegetation cover in Mamasa Barat KPHP consists of Secondary Dry Land Forest of 32,210 ha.
(69.2%), dry land rice mixed with scrub covering 6,244 ha. (13.43%), primary forest of 1,670 ha.
(3.5%), with the remainder consisting of settlements, dry land farming and rice fields.
The Timber Plantation Concession (HTI) in Tabulahan subdistrict is managed by PT. Amal
Nusantara based on two decrees of the Minister of Forestry. The first is the decree for the allocation
of forest areaNo. 80/Menhut-VI/2009 (dated March 5, 2009), and the second is the first degree
approval No. 302/Menhut-VI/2009 (dated April 21, 2009). The latter entails the approval of the
application and, at the same time, an obligation of the company to conduct environmental impact
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assessment (EIA) and prepare scheduled comprehensive forest inventory (Inventarisasi Hutan
Menyeluruh Berkala). To obtain full license for the concession of the total area of 9,842 ha, PT.
Amal Nusantara needs to have its EIA documents approved by the Minister of Forestry and get a
designated working area from the MoF’s Directorate General of Forestry Planning. To date, the
company has not yet obtained MoF’s decree on approved EIA, let alone decree on final approval
for operation.
Exhibit 15. TGHK and HTI Concession of PT. Amal Nusantara (SK 302/Menhut-VI/2009)
TGHK
LULC 2012
APL
Dry field rice mixed with scrub
APL
Area (ha)
%
247
2.51
Dry field rice
12
0.12
APL
Scrublands
15
0.15
HL
10
0.1
HPT
River
1
0.01
HPT
901
9.16
HPT
Scrubland
1,180
11.99
HPT
Secondary dry land forest
7,408
75.28
HPT
Settlement
2
0.02
HPT
Paddy fields
64
0.65
9,842
100
TOTAL
Source: Calculated from 2012 spatial data on land cover to TGHK in HTI boundary
PT. Amal Nusantara proposed to the Minister of Forestry that its working area covering 9,842 ha
should be converted into HPT of 9,556 ha, HL of 10 ha, and APL of 274 ha. The land cover is
dominated by secondary dry land forest (7,408 ha), with scrubland of 1,180 ha, and cultivated land
of 1,158 ha (Exhibit 15). The physical condition of the HTI area analyzed from the secondary data
(RBI scale 1:50,000, land cover in 2009 and satellite imagery from 2012) concluded that 5,587 ha.
is on slopes with a gradient exceeding 40%, which are vulnerable to erosion and landslides, and not
recommended for logging. From the proposed size of the concession, which is 9,842 ha, it is
estimated that only 3,560 ha is land suitable to be managed as HTI.
Within proposed HTI concession area, there is an old hamlet namely Pangandaran village. The
settlement pattern of the community in Pangandaran follows the flow of the Pangandaran river.
Intensive land use is found in the river basin, with a slope of 0-15%. In this landscape, besides
settlements, there are also rice fields and horticulture. The slopes above 15% are cultivated with
plantation crops such as cocoa, coffee, and hazelnut.
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Exhibit 16. Overlay map of land designation and licensing in Mamasa
The analysis identified four types of land status:
Land Status
Description
Map legend
Overlap area
Consists of two or more
definitive licenses
 Concession overlap 3 Licenses (1)
Potential border conflict
Consist of one definitive
license and two or more
exploration/reserved licenses
Forest Production Area (Potential
overlap) (4)
One concession (not an
overlap area)
Consists of one definitive
license
 Mining Concession (3)
No concession area
No definitive concession
licensed or reserved
No Concession (8)
 Concession overlap 2 Licenses (2)
 Industrial Plantation Concession (5)
 Community plantation forest (6)
 Forest Management Unit (7)
Exhibit 16 shows that overlap of reserved and licensed land is mostly absent between different
sectors. Overlap only occurs within the forestry sector, between reserved KPH and HTI and HTR.
However, this overlap is not contrary.
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Potential Areas for GP Investment in Mamasa: Based on the analysis of geospatial data and
other relevant supporting data, three categories of potential areas for GP investment in Mamasa can
be identified, as follows:
Key
A
Description
Explanation
Potential Investment area in NonForestry Activities
Area that can be used (no
concessions or overlapping
areas) and is located in a
cultivation area
Potential area,
especially for
cacao plantation
B
Non-Potential Investment area in
Non-Forestry Activities
Area that cannot be used
because it already has one
or more licenses and or is
located in a cultivation area
Big and spread
among most subdistricts
C
Forestry Activities
Area that can be used for
land based investment.
Located in cultivating/
protected area
Area development
based on KPH
purposes
Exhibit 17. Land based investment in Mamasa District
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5. District-Level Assessment of Community Consultation in
Spatial Planning
Regional policy on public participation, in terms of Bupati Decrees and Local Regulations (Perda),
in the four starter districts is yet to regulate technical aspects of public participation in detail.
Regional policy is necessary for the district government to carry out public participation, is also a
guarantee that the district government will encourage in public participation, and it the reference
for the budget allocation for public participation. The realization of public participation involves
creating an ‘invited space’ for various interest groups (by social class and gender) as well as a
space built by civic society (‘created space’). By utilizing the existing regional policy on public
participation, a wide range of social groups can be invited and gender-balance representation can
be realized.
The assessment found almost an absence of community participation in spatial planning process or
other public consultation. Potentially, there could be two causes of this. First, due to previous
experience of the community in how their contributions were limited, there is little faith about the
sincerity of whatever processes exist. Secondly, government is unwilling to invite community
because of the perception that there is a lack of community to contribute in the process or hindering
the possibility to change the material they have prepared.
This lack of consultation has resulted in further reducing understanding within the community
about their roles and responsibilities in spatial planning and other development programs.
With a sufficient legal basis for effective community participation and consultation in spatial
planning, an effective and more concrete participation by the community in spatial planning is now
being carried out by JKPP. This is also relevant to village boundary setting purposes.
5.1.1
Jambi
The development of the spatial planning documents for Merangin and Muaro Jambi Districts is
underway. The implementation of community consultation process in spatial planning in Merangin
and Muaro Jambi Districts has been done through socialization conducted by a third party
consultant. A rigorous process of community involvement has not yet been achieved. For instance,
permanent vehicle for the community to give their inputs (voices) has not yet been created, and the
instrument of local regulations on community consultation in spatial planning is not yet available.
However, both Districts have incorporated community participation/involvement in their draft
RTRWK.
5.1.2
West Sulawesi
The development of the RTRW in Mamuju District has been done with assistance from the
National Government, through the Ministry of Public Works under a program known as Bantuan
Teknis (Bantek) or Technical Assistance. Bappeda and the District Public Works Office are the main
local agencies that prepared the RTRWK, guided by the ministry. However, the concept for the
RTRWK development was prepared by the third party consultant. Coordination among the agencies
on systems for data sharing (collection) was very poor. This was because the BKPRD team
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working on the RTRWK did not perform optimally. Furthermore, no community representative has
yet been incorporated in the BKPRD team structure.
Nor has there been much public consultation in the RTRWK preparation, considering that it is the
community that will be directly affected by implementation of the RTRWK in the future. The
community is not aware of the process of RTRWK development, but it aware of the Musrenbang
process at the village level.
In addition, the district government has not yet issued yet regulations on the minimum standards of
service for dissemination of information on local development through the RTRWK. The RTRWK
has not been properly socialized at the village and sub-district levels. Instead, it is the district
government that has disseminated information on local development, specifically on development
projects such as the Karama Minihydro Development (PLTA Karama).
6. Recommendations
PLUP plays a critical role in sustainability of GP investment facility grants and loans by serving as
the foundation for the required spatial land use planning elements, including efforts to improve
land use (spatial certainty) for communities in the districts selected for GP investment. PLUP
should also play a critical role in ensuring that low carbon development is in place through
improved land use and land use change in forestry, while also ensuring there is a more integrated
and transparent process of natural resource management licensing policies that can be publicly
accessed, and supporting compliance with environmental and social safeguards that are in place.
Based on the assessment of spatial planning process at the national and district level, the following
sections describe the key recommendations for GP.
6.1
Strategic Engagement with related Initiatives
Since GP is not an initiative specifically working on land tenure and land uses, the first higher-level
recommendation is that the project should coordinate and engage with other initiatives specializing
in these matters through a series of workshops to inform the progress of PLUP activities and share
issues which need to be addressed. These workshops should be collaboratively organized by GP
for the purpose of developing action plans which are mutually beneficial. It is recommended the
workshops be held in Jambi and Mamuju where the local government agencies will be part of the
action planning processes. The timeframe of the workshops would depend on the PLUP work plan,
but the workshops are suggested to take place once the pilots are started in the four starter districts.
The recommended initiatives and stakeholders to be engaged with respect to low carbon
development and poverty reduction include, among others:

MP3EI and all sectors involved, particularly its infrastructure priorities in the current
starter districts and regions targeted for GP rollout;

KPH initiatives of the Ministry of Forestry, Bappenas and Ministry of Home Affairs,
which aim to support the role of KPH as the forest management unit at the site level;
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
The coming REDD+ Agency with its One Map policy initiative; and

PNPM under the National Team for the Poverty Alleviation Program (Tim Nasional
Program Pengentasan Kemiskinan or TNP2K), which comes under the Secretariat of the
Vice President.
6.2
Coordination with Existing Efforts on Regional Spatial Planning
Process
It is recommended that GP support current initiatives that complement ongoing regional
spatial planning processes, with the aim of bridging the top-down spatial directives with
existing land use on the ground, particularly as it relates to rural communities and
indigenous peoples. It is suggested that GP PLUP grants would be the best way to
strengthen the following initiatives and stakeholders for their current activities
particularly those in the four GP starter districts. Recommended initiatives and
stakeholders to be engaged in respect of low carbon development and poverty reduction
include, among others:

AMAN, which works to build constituencies in relation to the execution of
Constitutional Court Ruling No 35 of 2013, which urged the Ministry of Forestry to
accelerate establishment of Forest Area boundary demarcation. Overall, PLUP needs
to assess the opportunity from the enactment of the Constitutional Court No 35 of
2013 in terms of institutionalization of PLUP and VBS as a way to showcase
implementation of effective and credible spatial planning. There are several initiatives
addressing similar issues such as Climate and Land Use Alliance (CLUA), Forest and
People Programme (FPP), and HuMa. These initiatives support the efforts by AMAN.
The Constitutional Court Ruling No 35 of 2013 is a strong foundation from the
perspective of spatial certainty and spatial equity.10 GP PLUP can fund the ongoing
socialization processes carried out by AMAN to encourage district governments to
adopt the Constitutional Court Decree No 25 of 2013 and to urge the Ministry of
Forestry to clarify the boundaries of Forest Areas. This initiative will be helpful for the
district governments to gear up the spatial planning processes, particularly in terms of
clarity of allotment between the Forest Area and Non-Forest Land Use (APL).

JKPP, which assists rural communities and indigenous peoples in boundary setting,
particularly in the current starter districts and regions targeted for GP rollout. Some of
10
In order to execute and enforce the Constitutional Court Ruling No 35 of 2013, the Constitutional Court
urged to the Ministry of Forestry to establish clean and clear boundaries of the State Forest and for villages
to demarcate their community forest lands. The participatory VBS/CM activity of the GP PLUP, and in
particular the task of mapping critical natural and cultural resource areas, provides a unique opportunity to
facilitate compliance with this court decision and to identify, sustainably use, and protect community forest
resources. More detailed discussion of the linkage between the Court Ruling and the VBS/CM process is
found in Task #4 Report.
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the areas being assisted by JKPP are indigenous peoples’ territory claimed through
AMAN initiatives under the Customary Area Registration Initiative (Badan Registrasi
Wilayah Adat or BRWA). GP PLP can fund JKPP Capacity Building Program, e.g.,
Mapping Facilitators Training and Training for Mapping Trainers, in order to produce
capable local mapping facilitators at villages level that can help implementation of GP
PLUP in the project sites;

Various initiatives related to the establishment of Hutan Desa (HD), Hutan
Kemasyarakatan (HKM), and Hutan Tanaman Rakyat (HTR) in the current starter
districts and regions targeted for GP rollout. One such initiative is from the
Partnership for Governance Reform in Indonesia (PGRI), while another is run by GIZ.
This particularly relates to the GP facility to support renewable energy and
sustainable natural resource management. GP PLUP can fund the above groups to
carry out a series of workshops to inform the district governments and other
stakeholders in the starter districts on the significances of the community-based forest
management, like Hutan Desa, HTR, and HKM, to build broader constituents, that
potentially would encourge PLUP to better engagement in the RDTR process; and

Engaging potential private sector parties in the current starter districts and regions
targeted for GP rollout to clarify concession boundaries as key conditions for
involvement in GP facilities, as well as to build synergy with those not directly
involved with GP. The potential engagement by GP would be a direct technical
assistance in boundary setting.
6.3
Engagement with Initiatives and Stakeholders
Recommended initiatives and stakeholders to be engaged in respect of low carbon
development and poverty reduction include, among others:

Directorate General of Spatial Planning at the Ministry of Public Works, particularly
related to the Regional Technical Assistance Program (Program Bantuan Teknis Daerah),
as stipulated by Minister of Public Works Regulation No. 16 of 2010, which is relevant
to regions targeted for GP rollout. GP PLUP should engage the Regional Directorates
of the Ministry of Public Works relevant to the starter districts (Regional 1 for
Sumatera and Regional 2 for Sulawesi), to inform the necessity to incorporate PLUP
and VBS into their Technical Assistance Programs with respect to low carbon
development and poverty reduction. Particular emphasis might be in the process of
RDTR at sub-district levels. Using ICRAF’s LUWES approach might be one of the
options;

Directorate of Spatial Planning and Environmental Affairs at the Directorate General
for Regional Development in the Ministry of Home Affairs, particularly in relation to
the need to pursue effective community participation in the spatial planning process.
Potential engagement by GP PLUP should be in terms of facilitation for the directorate
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to be involved in the development of PLUP pilots in the starter districts which will
strengthen implementation of the existing Minister of Home Affairs Regulation No 76
of 2012 regarding Guidelines for Establishment of Administrative Boundary;

BKPRN, particularly in relation to the need to monitor the current status of spatial
plans in districts targeted for GP rollout. GP PLUP should engage BKPRN to inform
the new districts how the GP rolls would contribute to the national program on low
carbon development and poverty reduction, where substantive approval by BKPRN
for districts’ spatial plan is the key enabling factor to encourage the district spatial
planning process with contributions by PLUP and VBS; and

The coming REDD+ Agency and JDSN, chaired by BIG, particularly in relation to
assessing capacity building needs of local government personnel and institutions in
the current starter districts and districts targeted for GP rollout, in terms of data
integration in line with the national One Map policy. For the GP districts located in
the twelve priority provinces of the National REDD+ Strategy, GP PLUP should be
actively engaged in the One Map initiatives. Chaired by BIG, One Map regular
technical and coordination meetings should be informing the data custodians of the
necessity for incorporating PLUP and VBS to be part of their activities.
6.4
Capacity of Local Government
Capacity of local governments to conduct spatial planning, manage and analyze the
geospatial data, and conduct community participation, is important for achieving and
maintaining spatial certainty and success of GP investments. First and foremost, there is a
need to assist the respective local government agencies to assess and prioritize their
capacity building needs, especially in relation to the quality of geospatial data and
information management and analysis, through the provision of technical assistance and
with particular emphasis on geospatial data and supporting equipment and facilities.
Referred to findings of PLUP and land use issues in the four starter districts, as described
in Section 3.3, the following are general recommendations to build this capacity:

Develop a unit within Bappeda in charge of data management and analysis for spatial
planning.

Conduct training or hire to build capacity in storing and managing geospatial data
and coordinating with existing national agencies that house these data or One-Stop
Shop if that is established.

Develop staff capacity in analyzing spatial data, especially for digital image analysis,
which is sorely needed to analyze land cover and land use, as well as Spatial Analysis
and Spatial Modeling.

Conduct training on how to use computers for special purposes, GPS equipment,
supporting programs (software).
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
With regards to Government Regulation no.15/2010 on spatial planning process and
the problem that the starter districts have, GP could contribute in improving the
spatial planning process in the starter district as outlined in the table below:
Responsibility
Type of Spatial Plan
Assistance
Coordination of Spatial
Planning Process
Possible MCAI Supporting Activities
Provincial
Government
District
Government
N
P
D
N
P
D
National
Government
Dissemination on Spatial
Planning Regulation and
Technical Guidelines
GP PLUP to facilitate the planning
process through a series of MSF, by
providing technical assistance to design
and organize the forum with focus on
informing the significance of
incorporating PLUP and VBS for
feeding district spatial planning and
RDTR processes across key provincial
and district government agencies
involved in the SetDa’s BKPRD;
GP PLUP to assist the SetDa’s BKPRD
and/or Bappeda to,
Assistance, supervise
and consult the spatial
planning process

N
Training and education
P
D
Develop Terms of Reference (ToR)
for hiring the consulting firm;
 Advice in the evaluation and
selection of the consulting firm;
 Advice in the supervision of the
spatial planning process by the
selected consulting firm;
GP PLUP to establish a learning network
among decision makers on land use and
spatial planning through:

Regular thematic seminar related to
the importance of PLUP and VBS by
presenting credible and respectable
international and national experts
and/or resource persons;

Cross visits among the districts
supported by GP with particular
focus on One Map System and
efforts in strengthening PPTSP (see
Section 6.7 below);

Facilitate a Spatial Knowledge
Forum, under the MCA-I Green
Knowledge, to encourage sharing
N
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Responsibility
Type of Spatial Plan
Assistance
National
Government
Provincial
Government
Possible MCAI Supporting Activities
District
Government
and documenting of lessons learned
to be published in MCA-I web portal
and books.
Develop system
information
management and
communication on
spatial planning
Dissemination of spatial
planning to community

N
P
D
Increase community
awareness and
responsibilities
GP PLUP to assist SetDa’s BKPRD
and/or Bappeda to develop spatial
use grievance mechanism by
identifying existing and/or likely
disputes that hindering the spatial
planning;
 GP PLUP to assist BPN’s Land
Conflict Division to solicit and store
data and information on existing
disputes;
GP PLUP to assist SetDa’s BKPRD
and/or Bappeda in establishing a multistakeholder learning network at district
level on land use and spatial planning
through:

D

Regular FGD related to the
significances of PLUP and VBS in GP
investment;
Regular seminar and workshop to
inform stakeholders of progress of
GP PLUP activities in relation with
district spatial planning and RDTR
processes;
Specifically on GP PLUP investments, it is recommended that GP PLUP to support the
strengthening capacity of the district government related to the Spatial Data
Infrastructure (SDI), the relevant base collection of technologies, policies and institutional
arrangements that facilitate the availability of and access to spatial data. The potential
benefits of SDI supporting spatial planning are reducing duplication in data production,
thereby reducing cost, facilitating platforms for better-informed decision making, and
improving data availability and accessibility. The following are table of recommendations
to strengthen SDI of district governments, supported by findings in the field regarding
issues on spatial planning and PLUP in the four starter districts:
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Capacity issue
Human resources
 Limited capacity of human resources
skills, especially in spatial data
processing, particularly in the
preparation of thematic maps that must
be prepare in spatial plan documents, as
mandated by Government Regulation
(GR) No 15 of 2010.
Recommendations

GP PLUP to advise Bappeda and/or BKPRD of
the significance of hiring additional technical
staff that have capacity in analyzing data and
information of spatial planning process which
include:




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Prioritizing candidates with relevant
academic background, such as geography,
geodesy and cartography, archive and
library, and information and
communication technology (ICT);
Analysis techniques and carrying capacity
of the environment is determined by SEA,
and
Technical analysis of inter-regional
linkages district.
GP PLUP to assist the district governments of
the starter districts and rolled out districts to
design and organize a series of training for
line/sector agencies (Forestry, Agriculture and
Plantations, Energy and Mineral Resources,
and Public Works) to develop and manage
geospatial data. In order to do so, GP PLUP
should hire a capacity building service
provider, such as Lembaga Alam Tropika
Indonesia (LATIN), REFOFTC, and others, to
design a series of training that,

will focus on spatial planning skill
such as spatial planning data analysis,
mapping and GIS, community
facilitation, social analysis, and other
relevant skills;

will develop a continuous learning
agenda through assignments and
monitoring of progress related to the
ongoing district spatial planning
and/or RDTR processes;
56

Capacity issue
Few opportunities for individual capacity 
building through vocational training in
geospatial data and information
management
Supporting infrastructures
 Lack of supporting infrastructure such as
up-to-date computers, GIS, software,
spatial data information system
(integrated network).


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Recommendations
GP PLUP to assist Bappeda and/or BKPRD to
engage and access the existing capacity
building programs run by other development
projects, universities, NGOs, and research
institutions in the aforementioned skills;
GP PLUP to assist SetDa’s BKPRD and/or
Bappeda to provide technical assistance in
developing planning support system (PSS),
which include SDI that facilitate the exchange
and sharing of large-scale spatial data through
provision of integrated network of SDI
centered at SetDa’s BKPRD and/or Bappeda,
which require, at minimum:

Optimum server: RAID-0 (Redundant
Array of Inexpensive Disc) server that
mirroring facility for data backup, with
10TB capacity installed with latest version
of ArcGIS Server, which supported by
minimum bandwidth of 300mbps internet
provider, possible to explore using V-Sat;

Latest minimum computer requirement:
Desktop computers with Windows 7
platform and minimum specifications of
CORE-I7, 8GB DDR4;

Latest version of a GIS software: ArcGIS
10.1 or later (which is user friendly and has
more features in spatial analysis);

Backup system: Adding to the existing
facility at server, it still requires external
hard-drive with capacity of 10TB;
Other equipment required to support SDI are,

Differential Global Positioning System
(GPS), with recommended brand of
Trimble (should consider to setup a GPS
base station for differential correction);

GPS rover, recommended brand of
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Capacity issue
Recommendations
Trimble;



Other supporting facilities:

Room with 24-7 air-conditioning;

Uninterrupted Power Supply (UPS);
SDI personnel:

Quality and updated geospatial data
 Some spatial data were held by the
consultant, preventing users (government
and non-government) from accessing
and updating the data in a transparent
way.

Specifically in the case of Mamasa, the
boundaries of Mamasa District
cooperated with West Sulawesi has not
used yet the RBI maps published by
BIG. According to the IG Law, RBI
maps should be the standardized
mapping reference.

Relevant geo-data management skills.
As mentioned earlier, GP PLUP to assist the
SetDa’s BKPRD and/or Bappeda to,

develop Terms of Reference (ToR) for
hiring the consulting firm;

advice in the evaluation and selection of
the consulting firm;

advice in the supervision of the spatial
planning process by the selected consulting
firm;

advice in developing a letter of agreement
with the consulting firm requiring all data
and information must be stored into the
SDI at SetDa’s BKPRD and/or Bappeda.
GP PLUP to assist specifically Bappeda of Mamasa
to provide standardized and geo-referenced base
map from BIG as required by the applicable law
and regulations:
 Law No. 4 of 2011 on details roles and
responsibilities of provincial and district/city in
Ina-SDI (Indonesian Spatial Data
Infrastructure)

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Plotter, recommended brand of Hewlett
Packard DesignJet 620 (A0+);
President Regulation No. 85 of 2007 regarding
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6.5
Village Boundary Setting and PLUP
The Bupati in each district participating in GP should issue a decree to order the Division of the
Empowerment of Community and Village Administration to set a panel to ensure that participatory
VBS/CM be incorporated into the RDTR processes.
In order to ensure that implementation of PLUP activities are properly integrated with GP landbased investment assessment, it is recommended that GP investment assessment should focus on
villages within the respective landscapes that have already confirmed or are in the process of
confirming their boundaries and mapping their critical natural and cultural resource areas. Priority
action related to GP investments is to provide a legal basis for a) Protection of land use designated
for perennial food crops11 and b) adoption of village mapping, as an essential element of PLUP, in
the RDTR of the sub-districts within GP project landscapes. It is important for GP to urge the
Bupati of each starter district to issue a decree. This decree should instruct the Governance
Division to implement Article 6(e) of GR No 15 of 2010 to improve community participation in
spatial planning according to the Memorandum of Understanding (MoU) signed between MCA-I
and the four starter districts, by implementing PLUP. In particular, this decree should stipulate the
use of the MCA-I GP PLUP participatory VBS/CM methodology and guidelines (being developed
by MCA-I with input from DRA Task #4 findings and recommendations) which are based on the
Ministry of Home Affairs Regulation No. 27 of 2006. This Bupati decree can serve as the official
basis to form the Village Border Setting Team that will supervise the implementation of the
VBS/CM process at the district level.
6.6
Community Consultation
Free-prior and informed consultation is generally about rights to be consulted related to any
initiatives by the government and private enterprises that would likely have an effect on access to
land, land ownership, and the existing land use. The community or the rights holder should be
informed of both the benefit and inevitable loss due to implementation of the overall stages of the
initiatives, e.g., planning, land acquisition, construction, and implementation of the business. In the
PLUP process, FPI-Consultation should be part of the project development process and project
implementation. It is recommended for GP to hire a consultant or experienced organization to
develop a guideline for FPI-Consultation and conduct consultation as per guidance in the starter
districts as a way for showing the path for the remaining GP districts.
There are several groups of NGOs experienced in free-prior and informed consultation (as well as
the consent one), such as Yayasan Pusaka, Hukum dan Masyarakat (HuMa), Sawit Watch, Yayasan
Puter Indonesia, and many local NGOs, including the one in Jambi, like WARSI and CAPPA.
These NGOs can serve as a resource of both developing the guidelines and implementing PLUP in
the starter districts.
11
In the case of a sub-district that already has a draft RDTR, GP’s PLUP should recommend including
protection of this land use in the draft. In the case of a sub-district that has not yet developed its RDTR, GP’s
PLUP should provide assistance to the sub-district in developing an RDTR that incorporates protection of
such land use.
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6.7
Data Management and Integration for Permits
There is already a One Stop and Integrated Service Agency (Pusat Pelayanan Terpadu Satu Pintu
or PPTSP) at the district level as set out in Minister of Home Affairs Regulation No 24 of 2006.
The PPTSP role in licensing is to facilitate the relevant government agencies for the issuance of
permits and monitoring and evaluation with the technical team, in accordance with the permit
issued. The task of the technical team is to give consideration and review of the permit into PPTSP.
Authority and types of licensing at PPTSP currently include mining licenses, principle consent
permits, interference permits, site permits, plantation business permits, building permits, business
licenses, industrial business licenses, warehouse registration certificate, business registration
certificate, and industrial list signs. At the end of 2013, the agency planned to take care of 42 types
of licensing. While these are obligatory functions for PPTSP, the districts vary greatly as to the
level to which these functions have been operationalized. In the case of the starter districts, the
PPTSP is operating well only in Muaro Jambi. The other starter districts have yet to develop their
PPTSP systems to be fully functional. One of the reasons for not having fully functional PPTRDP
units is because there were many permits in process before the regulation was enacted. There is
movement in the direction of One Stop Service such as in Merangin where the RPJMD of
Merangin set targets of type of permits, particularly related to development in Distrit Strategic Area
(Kawasan Strategis Kabupaten or KSK).
However, currently the process and the issuance of permits are not based on spatial planning. Most
of the recommended permits and licenses submitted by Bupatis to the respective sector agencies at
national levels are based on the proposal submitted by private sectors. This provides opportunities
for overlapped licensing between business activities. Spatial plans often clash with the legislation
concerning a particular field or sector. Cultivation Area Setting in Law No 26 of 2007 and its
derivatives do not explain how the business plan and the businesses of each sector should be
integrated. A number of sectoral laws such as Law Number 4 of 2009 on Mineral and Coal Law,
Law Number 41 of 1999 on Forestry, Law Number 18 of 2004 on Plantations, and Law Number 41
of 2009 on Protection of Sustainable Agricultural Land, do not explicitly explain the relationship in
determining the locations permitted by Law Number 26/2007. PPTSP has not yet functioned as
expected as the capacity in terms of verification of the site permits is absent.
The key recommendation is, GP PLUP to strengthen the existing PPTSP by providing
technical assistance to encourage the need to issue a regulation regarding technical
guidelines to implement President Regulation No. 85 of 2007 regarding National Spatial
Data Network (Jaringan Data Spasial Nasional or JDSN) and Law No. 4 of 2011 regarding
Geospatial Information. This will establish clearly delineated and detailed roles and
responsibilities of provincial and district/city in Ina-SDI (Indonesian Spatial Data
Infrastructure), serving as a solid foundation for the following recommendations;

As specified in Section 6.4 above, work closely with the provincial governments of
Jambi and West Sulawesi with involvement by key agencies, such as

Provincial Secretariat (SetDa);
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

Bappeda;

Provincial Office of National Land Administration Agency (Badan Pertanahan
Nasional or BPN);

and Regional Investment Coordinating Agency (Badan Koordinasi Penanaman
Modal Daerah or BKPMD)
Work closely with governments of the four starter districts to engage in the effort to
develop the One Map System at the district level as the foundation for the
development of a guideline on verification of the site permits for PPTSP. The
guideline will include a procedure to monitor and update the land status, permits,
and licenses by considering the integrity of protected areas and indigenous territory
boundaries, along with the likelihood of disputes. This will require a support from an
SDI, which constitutes a dedicated GIS operation under a geospatial data center at
district level with updated geospatial data and/or tabular data of permits and licenses
from other sector agencies, such as forestry, energy and mineral resources, agriculture
and plantation (see Section 6.4 above). The following are recommended geospatial
data to be provided by GP PLUP to support both data integration related to spatial
planning and strengthening of PPTSP:

Land cover with minimum scale of 1:50,000 (existing 1:250,000 Forestry);

Land use and land status with minimum scale of 1:50,000 (digitized from the latest
and the optimum coverage of Landsat);

Topographical/Elevation map with minimum scale of 1:50,000 (can be obtained
from Distop TNI AD);

Existing soil and geological maps with minimum scale of 1:250,000 (BIG);

Village boundaries map with minimum scale of 1:10,000 (digitized from the latest
and the optimum coverage of Landsat);

River and watershed with minimum scale of 1:50,000 (BIG);

GP PLUP to facilitate the dialogue related to permits and licensing overlaps a series of
MSF, by providing technical assistance to design and organize the forum. This will
include:
6.8

FGD with specific issue, such as boundaries of permits and licenses;

Free-and-Prior-Informed Consultation with the communities that reside in the
borderline with the concession areas; MSF to facilitate.
Potential Areas for GP Investment
Implementation of PLUP in one sub-district in each district is considering locations with
the lowest potential for boundary disputes and high potential for investment under the
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GP program. These areas are those that do not have any concessions, have not
overlapping, and are located in strategic areas. The implementation of PLUP in relation to
GP investment should refer to the Methodology described in Section 2.5. Whilst, Section
4.4 provides maps of the potential areas for GP investment within each district, drawing
from a variety of official open sources to compile the overlapping concession maps
included in the Task 3 Report. In addition, the team undertook selected analysis in the
starter districts to further confirm the overlaps, while also comparing the results with the
latest BIG Map. This process helps us to better understand the potential for GP
investment, as well as analyze areas for possible technical assistance on data integration
and coordination across One-Stop-Shop licensing, the One Map policy initiative, and any
geo-referencing that might be required. Although as outlined earlier, the maps were
compiled from various sources so their final accuracy is dependent on those inputs, the
following data points/sources were utilized and verified:
1. Merangin District:
1. Map of Forest Status --> Source: Ministry of Forestry Degree No. 727/ 2012
2. Map of Forest Village --> Source : Redraw from ICRAF Report
3. Map of Community Plantation Forests --> Source : Ministry of Forestry Degree
No.223/II/2010 - WebGIS Ministry of Forestry, 2013
4. Map of Industrial Plantation Forest --> Source : WebGIS Ministry of Forestry, 2013
5. Map of Plantation Estate --> Source : National Land Agency in Merangin District,
2006
6. Map of Mining Concession --> Source : WebGIS Ministry of Energy and Mineral
Resources, 2013
7. Map of Customary Forest --> Source : Bappeda of Merangin District, 2011
8. Map of Forest Management Unit (KPH) --> Source : WebGIS Ministry of Forestry,
2013 (No.522/167/1/Dishut/2010)
2. Muaro Jambi District :
4. Map of Plantation Estate --> Source : National Land Agency in Muaro Jambi
District, 2007
Resources, 2013
6. Map of Forest Management Unit (KPH) --> Source : WebGIS Ministry of Forestry,
2013 (No.522/167/1/Dishut/2010)
3. Mamuju District :
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4. Map of Logging Concession (Active) --> Source : Redraw from HPH Map in West
Sulawesi Province, 2008
Resources, 2013
6. Map of Forest Management Unit (KPH) --> Source : Ministry of Forestry Degree
4. Mamasa District :
Resources, 2013
5. Map of Forest Management Unit (KPH) --> Source : Ministry of Forestry Degree
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Appendix A Laws and Regulations Governing Spatial Planning
Legal basis
Brief description of relevance to land use and
spatial planning
1. Law No. 5 of 1960 on Basic Provisions
on Agrarian Affairs (Basic Agrarian Law)
Stipulates on land tenure and state institutions that
stipulate agrarian sources
2. Law No. 2 of 1960 on Revenue Sharing
Stipulates revenue sharing system for agriculture
sector and land availability matters
3. Law No. 41 of 1999 on Forestry
Stipulates designated Forest Areas
4. Law No. 25 of 2004 on National
Development Planning System
Stipulates bottom-up development planning
consultation, or Musyawarah Perencanaan
Pembangunan (Musrenbang)
5. Law No. 26 of 2007 on Spatial Planning
(Spatial Planning Law)
Stipulates a hierarchical system of spatial use
arrangements, including RTRWN, RTRP, RTRWP,
RTRWK and RDTR
6. Law No. 4 of 2009 on Coal and Mineral
Resources
Stipulates on permits and licensing for coal and
mineral resource utilization
7. Law No. 32 of 2009 on Environment
Protection and Management
Stipulates on development and spatial use
arrangements to meet sustainable development
goals
8. Law No. 7 of 2012 on Social Conflict
Intervention
Stipulates on intervention in social conflict arising
from disputes over boundaries and permit
allocations
9. Law No. 17 of 2013 on Farmer/Peasant
Protection
Collateral allocation of land for family farming
business in rural areas
Laws
Government Regulations (PP)
1. Government Regulation No. 27 of 1999
on Environmental Impact Assessment
Stipulates a systematic assessment of major and
important impacts as an implication of project
implementation, where spatial plans and
community participation are among the
considerations used to evaluate the project impact.
on Land Tenure Management
(1) Regulating the control, use and utilization of
land for various development activities that suit the
needs of the Spatial Plan; (2) realizing the control,
use and utilization of land to match the land area
function under the Spatial Plan; and, (3) achieving
mastery of orderly land cover and land use,
including maintenance and utilization of land, and
land use control.
on National Plan for Spatial Planning
Provides a macro policy and directives for patterns
and structures of national spatial use
arrangements as a reference for spatial planning
processes at the level of islands and provinces.
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Legal basis
spatial planning
on Implementation of Spatial Planning
Regulates compliance with spatial use
arrangements, planning and control, and
monitoring for provincial and district/city
governments
on Forms and Procedures for Community
Participation in Spatial Use
Arrangements
Regulates the form and procedures for community
participation in the stages of spatial planning,
space utilization, and control of land use at the
national, provincial, and/or district/city level
on HGU, HGB and Land Use Rights
Stipulates the origin of HGB, HGU and Rights of
Use over State Land
7. Government Regulation No 10 of 2010
on Forms and Procedures for Changing
the Utilization and Function of Forest
Areas
Stipulates the procedures for submitting a proposal
to change the designation and function of a Forest
Area for development purposes
on Land Use Administration
This technical regulation relates to the Basic
Agrarian Law, the Spatial Planning Law and other
sectoral laws
on XX
Stipulates requirements for land to be registered
with BPN
Presidential Regulations (PerPres)
1. Presidential Regulation No. 36 of 2005
on Land Procurement for Implementation
of Development in the Public Interest
Stipulates land acquisition for the development of
public facilities, regulating the relinquishment and
revocation of rights over land.
2. Presidential Regulation No. 13 of 2012
on Spatial Planning for Sumatra Island
Provides directives on spatial patterns and
structures in Sumatra Island.
Presidential Decrees (KepPres)
Presidential Decree No. 4 of 2009 on
National Spatial Planning Coordinating Board
Establishes the role of BKPRN in facilitation and
oversight of the implementation of the Spatial
Planning Law, particularly the provincial and
district/city spatial planning process
Presidential Instructions (InPres)
1. Presidential Instruction No. 6 of 2013 on
the extension of the Moratorium on
Forest and Peat land Permits
Prohibits the issuance of large-scale permits in the
areas described in the moratorium map for two
more years
2. Presidential Instruction No. 2 of 2013 on
Domestic Security Disturbance
Management
Encourages districts to actively establish conflict
management institutions
Ministerial Regulations (PerMen)
1. State Minister of Land Administration
Regulation No. 5 of 1999 on Guidelines
for Settlement of Communal Land Issues
of Indigenous Communities
Abt Associates Inc.
Provides justification for the guidelines for the
settlement of communal land issues related to
indigenous communities and overlaps with legal
commercial use rights in terms of forestry,
65
Legal basis
spatial planning
plantation, mining, and other concessions
2. Minister of Public Works Regulation No.
22 of 2007 on Spatial Planning
Guidelines for Landslide Prone Regions
Contains guidelines on spatial planning in
landslide-prone areas, with the aim of realizing
operational spatial plans for the province and
district/city that protect the public from the threat of
landslides
40 of 2007 on Spatial Planning
Guidelines for Coastal Reclamation
Areas
These guidelines aim to create spatial plans for
coastal reclamation areas that fit with spatial
planning in the district/city
15 of 2009 on Guidelines for the
Formulation of Provincial Spatial
Planning
These guidelines are intended as a reference for
provincial spatial planning activities of the
provincial government and other stakeholders to
comply with the Spatial Planning Law
16 of 2009 on Guidelines for the
Formulation of District Spatial Planning
These guidelines are intended as a reference for
spatial planning activities of the district/city
government and other stakeholders to comply with
the Spatial Planning Law
6. Minister of Home Affairs Regulation No.
50 of 2009 on Guidelines for
Coordination of Regional Spatial
Planning
Arrangements to harmonize and build synergies in
the area of spatial planning through coordination
and synchronization among government agencies
7. Minister of Agriculture Regulation No. 26
of 2007 on Licensing Guidelines for
Plantation Business
A guide for providing licensing services and
undertaking plantation business, related to land
acquisition and land administration arrangement
8. Minister of Forestry Regulation No. 36 of
2010 on the Integrated Research Team
for Changing the Utilization and Function
of Forest Areas
Legal basis for the establishment of TIMDU to
resolve designated Forest Areas for provincial
spatial planning purposes
Abt Associates Inc.
66

Project/Proposal - GP MCA

Transcription

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