Examining the Adequacy of Legal and Institutional Frameworks of Land and Forest Fire Management from National to Community Levels in Indonesia

Abstract

Land and forest fires are increasingly becoming annual disasters in Indonesia and have a significant impact on biodiversity, health, the economy and carbon dioxide emissions. Human activities such as the clearing of forests and land for plantations and agriculture have been attributed as the major causes of these fires. They have also been associated with the impacts of El-Niño.

This chapter aims to examine the adequacy of current legal and institutional frameworks for land and forest fire risk management (LFFRM) in Indonesia, from the national to local level, through utilizing a disaster risk management approach, and thereby assess progress and challenges in managing land and forest fires during the prevention and mitigation, emergency response and post-fires rehabilitation and recovery phases. This study involves a literature review of related government regulations and academic publications, as well as interviews with government officials, the community and NGOs at the local level, conducted in two provinces: South Sumatra and Central Kalimantan.

The study has three major findings. First, the institutional and regulatory framework for managing land/peatland fires is not integrated with that of forest fires. Second, a lack of law enforcement hinders prevention and mitigation. Third, current institutional and regulatory frameworks are still very much focused on emergency response. Moreover, progress is slower at lower levels of governance and community livelihood has failed to be integrated into the process. We recommend that governments, from the national to sub-national and local levels, develop a more comprehensive and multi-sectoral approach with community-based livelihood activities at its core, and commit to stricter law enforcement, especially for those private sector companies responsible for large-scale fires.

Appendix

1.1 1. Central Kalimantan Governor Instruction No. 188.44/228/2012 concerning Integrated Institutional Structure in Central Kalimantan in Controlling Land/Forest Fires.

No	Main position	Position in team
1	Governor Central Kalimantan	Team leader
2	Head of House Representative Central Kalimantan	Steering committee/adviser
3	Chief of Police Central Kalimantan	Adviser
4	Chief of Army Panju Panjung	Adviser
5	Head of Attorney Central Kalimantan	Adviser
	Main team
1	Vice Governor Central Kalimantan	Chairman
2	Secretary of Region Central Kalimantan	Daily chairman
3	Assistant Economic and Development Central Kalimantan	Vice chairman
4	Assistant Government and Welfare	Vice chairman
5	Assistant General Administration Setda Central Kalimantan	Vice chairman
6	Head of Dinas Pertanian dan Peternakan (Agriculture and Husbandry) Central Kalimantan	Coordinator in implementing opening the land without burning and controlling land fires in agriculture land, horticulture and husbandry areas
7	Head of Dinas Perkebunan (Plantation) Central Kalimantan	Coordinator in implementing opening land without burning and controlling land fires in big plantation areas and community plantation
8	Head of Environment Agency Central Kalimantan	Coordinator in implementing campaign and controlling air quality
9	Head of Regional Disaster Management Agency (BPBD) Central Kalimantan	Secretary
10	Head of Prevention and Preparedness section BPBD Central Kalimantan	Vice secretary
11	Head of Communication and Information Central Kalimantan	Member
12	Head of Health Service Central Kalimantan	Member
13	Head of Public Work Service Central Kalimantan	Member
14	Head of Food Security Agency Central Kalimantan	Member
	Coordinator
A	Early Warning System
	Head of Meteorology Agency (BMKG)	Coordinator
	Coordinator Center of Environment Information	Member
	Environment Agency
	Head of ORARI	Member
	Element of Korem (Army)	Member
	Element of Police	Member
B	Fire-fighting forest, land and yard
	Head of Forest Service	Coordinator
	Head of BKSDA	Member
	Head of Social Service	Member
	Brigdalkar Polda (Police)	Member
	Brigdalkar KOREM (Army)	Member
	Kabid Emergency and logistic BPBD	Member
	Manggala Agni (Fire Brigade)	Member
	Tagana	Member
	Brigdalkar Bandara Tjilik Riwut	Member
	Brigdalkar Forest Service	Member
	Brigdalkar General Biro Setda Kalimantan Tengah	Member
	Cintrop UnparWWF Central Kalimantan	Member
	CARE Central Kalimantan	Member
	BOS Mawas Central Kalimantan	Member
	KFCP Kalimantan Tengah	Member
	Walhi Kalimantan Tengah	Member
	MADN Kalimantan Tengah	Member
		Member