Final Version ENABLING FOREST USERS TO EXERCISE THEIR RIGHTS: RETHINKING BARRIERS TO COMMUNITIES AND SMALLHOLDERS EARNING THEIR LIVING FROM TIMBER IN INDONESIA Ahmad Maryudi Prepared for RECOFTC The Center for People and Forests Yogyakarta February 2013 Page | 0 ENABLING FOREST USERS TO EXERCISE THEIR RIGHTS: RETHINKING BARRIERS TO COMMUNITIES AND SMALLHOLDERS EARNING THEIR LIVING FROM TIMBER IN INDONESIA 1. Introduction Indonesia has undergone gradual changes in the administration and management of its forest resources. Being typified as a reference for a centralistic forest tradition and exclusionary policy (Peluso 1992), the country began to devolve a certain degree of authorities and management responsibilities to local communities and indigenous groups through a number of community forestry schemes. Numerous official forest documents, notably the 1999 Forest Law, political commitments from Forest Ministry (e.g. Rusli 2003, Wardojo 2003) mention that the community forestry aims to integrate socio-economic community development in forest management, that local communities can obtain economic benefits for improving the welfare and quality of life. Looking at the chronic poverty in forest regions in Indonesia, the implementation of community forestry generates enthusiasms that the program can contribute meaningfully to the efforts on poverty alleviation. The policy changes favouring the rights and responsibilities of local communities might not necessarily benefit them; particularly those directly depend on the forest resources for their life (Larsson et al. 2010). Experience in some regions in Indonesia, the implementation of particular community forestry schemes partially/ sporadically achieve the intended goals (Maryudi and Krott 2012). It is often argued that the rights and responsibilities alone might not be sufficient for achieving improved livelihood of forest users as well as sustainability of the resources (Dahal et al. 2011). There are a set of enabling factors, such as regulatory frameworks, governance systems and supportive institutions, that allow the community forestry policy to optimally work in practice (ibid.). It is however indicated that community forestry users in Indonesia face with numerous legal requirements, administrative and technical barriers to meaningfully benefits from the resources (for instance see Maryudi 2012). The people are often constrained in exercising their rights as formally promised by the community forestry. This study aims to identify, analyze and address key constraints of rural communities in exercising their rights which are considered as key factor to improve their livelihood and alleviate rural poverty. The key constrains here include both formal regulatory frameworks and informal environments (e.g. corruption). It is argued here that the regulatory barriers reduce the viability of community forestry and smallholder forestry. This study assumes that the more benefits that communities and smallholders obtain from forest management and utilization, the more incentives for them to improve and sustain their productive base leading to improved forest condition and environmental services. The study proposes uses rights and tenure as the entry point for generating sharing improved knowledge on the scale of the current impacts, with particular reference to costs of missed opportunities through restricting rights, governance and market access issues. It is mainly based on literature review and policy analysis on forest administration and management as well as community forestry development in Indonesia. Page | 1 2. Overview on forest resources, forest-dependent people and tenure arrangement Forest resources Indonesia adopts clear separation of forestland from non-forest areas (e.g. agriculture), reflecting the tenurial separation of state domain from private property. Particularly since the end of 1960s, the government gazetted approximately three quarters of the country’s landmass as “Forest Zone” (Kawasan Hutan), which is under the state domain (McCarthy 2000, Barr et al. 2006). According to recent official data, the Indonesia’s forest area spans about 131 million hectares, approximately 100 million hectares of which are indicated as forested (Ministry of Forestry 2012).The forests are now designated into three main categories accordingly to the biophysical characteristics and the usages, as follow: 1) Conservation Forest: the forest that accordingly to its characteristics is designated for biological and ecosystem conservation. The forest includes Strict Nature Reserve and Wildlife Sanctuary, National Park, Grand Forest Park, Nature Recreation Park, and Hunting Resort. 2) Protection Forest: the forest with main function to protect life buffer system to arrange water management, prevent flood, erosion, prevent brine water intrusion and maintain land fertility. 3) Production Forest: The forest with main function to yield forest products. Production forest is further classified as permanent production forest, limited production forest, and convertible production forest. Table 1. Indonesia’s forestland, year 2011 Forest categories Million hectares 1. Conservation forest 21.23 2. Protection forest 32.21 3. Production forest 34.14 - Permanent 22.82 - Limited 20.88 - Convertible Total forest area 131.29 Source: Forestry statistics of Indonesia 2011 (Ministry of Forestry 2012) In the national economy, forestry and the wood-based industries have long ranked second only to petroleum and natural gas industry in terms of the contribution to Gross National Product. The sector generates approximately USD 6-7 billion in formal revenues annually, with further USD 1 billion from informal revenues associated with illegal logging and unreported exports (Barr et al. 2006). The annual share of wood products to the total export earnings is estimated about 15% (APKINDO 1998). In addition, forestry and the forest industry provide direct employment of more than a million people and many more are in indirect employment (Hasan 1991, Massijaya and Kartodihardjo 1999). The significant contribution of forests and forest-related industries is due to the commercial exploitation of the forest resources and the establishment of vertically integrated processing industries. As a result, Indonesia has become a major player in the global markets. As an illustration, of the total world tropical plywood exports, Page | 2 Indonesia’s share increased dramatically from around 7% in the early 1980s to more than 75% in the early 1990s (Lyons 1995). Despite, the massive depletion of the resources, forestry sector and the industries are still regarded as a major contributor to the national economy. Forest-dependent people and smallholding forest owners The dependence on forest resources for the livelihood of local people in Indonesia has been documented (Vayda 1997). However, data on the number of forest dependent people remain rough estimations. This is because the uncertainties about who constitutes forest dependent people and where they can be found (Byron and Arnold 1997). Some studies refer to the number of people who are totally dependent on forests deriving their entire subsistence from forests, while others include anyone who ever makes any opportunistic uses of forest resources (ibid). Other analysts point to those dwelling in the close proximities to the forests (Lynch 2006), while the close proximity is not synonymous to forest dependence (Byron and Arnold 1997). Nonetheless, estimations are still valuable for analysing the impacts of forest management practices on the livelihood of rural communities. Estimates of the number of forest dwelling people in the Outer Islands reach as high as 70 million (Sunderlin et al. 2005, Lynch 2006), living in more than 30 thousand villages (Rahmina et al. 2011). In Java, the most densely populated island in Indonesia, high estimations on the number of forest dependent people are also expected. A large fraction of the island’s total population of about 140 million people, live in rural villages and depend their on agriculture-related activities for their livelihood (Badan Pusat Statistik 2010). In addition, there are approximately 6 thousands forest villages in the island (Peluso 1992). Bearing in mind the high estimation of forest dependent people, tenurial stability is important for forest dwellers to secure their livelihood (Lynch 2006). Forest tenure and administration Forest tenure and administration represent the overwhelming hegemony of the state over the forest resources; the state claims the custodian the forest and controls its allocation and management. Such is based on the legacy of centralistic control laid in the colonial era, during which the Dutch controlled over “all land that could not be proven to be owned (individually or communally) by villagers” (Peluso 1992). The state’s control over the forest resources is drawn in the 1945 National Constitution, principally the Article 33, which stipulates that the natural resources are to be controlled (dikuasai) by the state. In the early independence, the government created Forestry Bureau (Djawatan Kehutanan) to assume the control over (initially) the forestland of Java that have been demarcated and clearly separated from private land by the Dutch (Barr et al. 2006). The administration of the forests was later handed over to the state forest company Perhutani (hereafter referred to as Perhutani) in 1972. 1 Meanwhile, the 1 Initially only the forests in Central and East Java, but later in 1978 the forest of West Java was added into the administration of Perhutani Page | 3 vast majority of forested areas in Outer Islands2 were used and managed by local communities, many of whom have implemented customary rules, locally referred to as Adat3 (Barr et al. 2006). Adat systems remain complicated in the Indonesian land and forest tenure arrangements. Article 18 of the Indonesian Constitution implicitly recognized adat rights and institutions. To a certain degree, the systems are also acknowledged in the 1960 Basic Agrarian Law, which states “indigenous law shall be recognized, providing this does not contradict national and state interest.” Later, the absurd clause of “national and state interests” appeared being used by the government to assume control and ownerships of the whole country’s forests including the vast natural forest resources in the Outer Islands (Contreras-Hermosilla and Fay 2005). The Basic Forestry Law was enacted in 1967 to secure the state’s legal-regulatory control over the nation’s forests (Barr et al. 2006). The Law appeared to supersede the 1960 Agrarian Law; it defined that all forestland that is un-owned (unencumbered by private rights/ titles, tidak dibebani hak atas tanah) automatically designated as Forest Zone (state forestland). This includes the forestland used by Adat communities. The significance of the classification of the “Forest Zone” is central to the public versus private legal debate over management priorities for these lands (ContrerasHermosilla and Fay 2005). The “Forest Zone” is eventually managed under a set of restrictions usurping local rights and uses (ibid.). Webb (2008: 26) argues that “the immediate or short-term impact of centralization policies was the that traditional forest users were labelled as illegal and their activities were deemed to the contrary to the objectives of state management, regardless of the state’s objectives”. The centralistic control to a large extent impacted the livelihood of the forest dependent people4. At best, their collective tenures were treated as weak rights of usufruct (Colchester 2002). The period of reform around the end of 1990s, following the economic crisis that led to the step-down of New Order Regime- generated hopes on the changes in the constelation of power in forest governance. Initially, the central state started to devolved several rights and responsibilities to the lower governments through a pair of Laws, No Law 22/1999 on regional governments and Law 25/1999 on fiscal balance between the central and local governments (provincial and district). Both laws were expected to be implemented in the forestry sector. However, the enactment of the 1999 Forest Law a a couple months later dashed hopes on decentralized forest management and utilization as it reaffirms the dominant role of the Ministry of Forestry (Barr et al. 2006). Government Regulation No. 34/2002, the principal implementing regulation of the Forest Law, further enhanced the position 2 3 4 Refers to all islands outside the densely populated islands of Java and Madura. Adat refers to “the cultural beliefs, rights and responsibilities, customary laws and courts, customary practice and self -governance institutions shared by an indigenous group prior to incorporation into a colonial or post-colonial state.” (Contreras-Hermosilla and Fay 2005) The concept of ‘forest dependency’ is highly problematic as those live in urban areas can be considered to being forest dependent people. Nonetheless, the focus on those directly reliant on forests for livelihood purposes is the more popular use. Page | 4 of the ministry since it recentralized regulatory control over the harvesting, processing, and marketing of forest products, particularly timber (ibid.). With the Forest Law, the central state resumes the ownership of the forestland at their domain. Nonetheless, post-New Order era has seen emerging articulation of how forest communities, instead of local governments, can access the forest resources. As earlier said, the government has formally launched community forestry program with the implementation a number of different schemes. This is a major step forward compared to the “experimental”5 community forestry practices between 1970s-mid of 1990s. The trajectory of community forestry in Indonesia will be discussed in the following section. 3. Community forestry in Indonesia: From experiments to formal policy Since the 1978 World Forestry Congress themed Forest for People, there has been a gradual shift in perspectives regarding the role of communities and forest management including Indonesia. However, it was until the 1990s that the government formally launched policy on community forestry. Prior, access on the state forest resources was limited to, at best, usufruct rights. This was particularly practiced by Perhutani in the management of Java’s forests (community forestry practices by large-scale forest concessionaires in Outer Islands is presented in Box 1). A number of forest access Box 1. Community forestry practices by large-scale forest schemes were concessionaires in Outer Islands experimented, but most Community forestry in state forestland in Outer Islands managed of them centered on the by forest concessionaries also represented limited articulation of temporal uses of forest genuine pro-people practices. In 1991, Program Pembinaan floor for agricultural Masyarakat Desa Hutan (PMDH/ Forest Communities Development cropping (Lindayati Program) was introduced to provide platforms for the 2000, Mayers and implementation of community forestry in the forests. The program aimed to create self-reliant, prosperous, and environmentally aware Vermuelen 2002, forest village communities (Lindayati 2000). It obliged companies to Bratamihardja et al. 2005, support activities which contribute to the socio-economic Maryudi 2011). The development of forest communities and required them to allocate experimental schemes some of their annual budget to prompt village economic activities and infrastructure development. received strong criticisms due the lack of This program only provided the communities with minor and short-term assistance since the companies only focused on genuine involvement of particular villages within their annual working compartments rural people in decision (Wollenberg et al. 2004). This means when they moved to another making procedures and annual logging compartment, the activities in the previous for the limited schemes compartments were abandoned. In addition, there was apparently no genuine willingness of forest companies to implement the to improve the program. Some argue that they adopted PMDH only to avoid livelihood of the people penalties of not obtaining government’s approval for logging (Sunderlin et al. 1990, operations. Due the limited continuity, the program can thus be Peluso 1992, Lindayati argued has virtually faded away. 5 Not formally legislated Page | 5 2000). In 2001 Perhutani introduced its new community forestry program under the scheme of collaborative forest management of Pengelolaan Hutan Bersama Masyarakat/ PHBM6. The scheme serves as a generic model implemented for all forests under the administration of the state forest company. It rests on (supposedly) joint forest management between Perhutani and local community institutions — usually at the village level — that formally encourages both parties and other interested stakeholders to share roles in decision making processes, the implementation of forest activities and eventually the benefits from the forests. In PHBM, the management rights over the state forestland remain at the possession of Perhutani. It also maintains the main feature of access on the forestland for agricultural cropping for forest users. The major advance is the schemes of benefit sharing, i.e. shares from the sales of main forest products, for the groups of local people. The benefit sharing mechanism was initially lauded as one of the major improvements in community forestry practices in Indonesia (Kusumanto & Sirait 2002, Lindayati 2000), and is expected to provide major boasts for efforts on alleviating the poverty of local people. Table 2 Ministerial Decrees and Regulations on HKm Ministerial Decrees Key Features & Regulations No. 622/ 1995 No. 677/ 1998 Long-term community empowerment and rights in forest management; access to harvest only non-timber products The farmers as a group granted Utilization Permits, lasting for 35 years; farmers allowed to harvest forest products (including timber); prescribing establishment of a single community institution; never been implemented No. 865 / 1999 Aimed to improve some practical weaknesses of the previous decree but apparently no fundamental changes; elaborating Forestry Law No.41/1999 No. 31 /2001 Elaborating decentralization law; Local governments authority to grant CF licenses; Prescribed that CF to be implemented in protection and production forests, and prohibited in conservation forests; Reduced the duration of CF rights to 25 years No.1 /2004 Utilization rights, instead of ownerships; in practice, the promises have yet to be realized More progressive schemes occurred in a small fraction of state forestland unencumbered by any other rights or concessions; local communities are handed with long-term management rights as of the utilization rights granted to large scale companies. The handing over of such rights involved long advocacy and uncertainties. The first formal arrangement was the introduction of Hutan Kemasyarakatan/ HKm (Community Forestry) in 1995 through Ministerial Decree No. 622. This program is generally aimed to rehabilitate degraded land and/ or to protect conservation areas while providing locals with economic opportunities. 6 Can be literally translated as “managing the forest with the people” Page | 6 Following the aforementioned downfall of President Suharto, community forestry appeared to gain momentum as the Minister of Forestry and Estate Crops brought the popular rethoric of “Forest for People”. The Ministry then took a concrete initiative by issuing Decree No.677/1998, which conferred on target beneficiaries long-term usufruct rights for subsistence and income generation. However, the ensuing events have seen the back and forth process due to a serial of HKm regulatory changes (Table 2), centering on the contestation between central and local government over the authority to issue forest licenses, and over the rights of customary communities in forest resources (Colchester 2002, Maryudi 2011). In 2007, Government Regulation PP No.6/ 2007 was issued to provide a platform for community forestry. This regulation was used as the principal implementing regulation under the Forestry Law 41/1999. PP6/2007 introduced the current set of formal community forestry arrangement, including three new schemes in addition to HKm, i.e. Village Forests (Hutan Desa), People’s Timber Plantations (Hutan Tanaman Rakyat – HTR), and Company-community Partnerships (Kemitraan). HKm scheme, which has been started in 1995 is added to the schemes, so that community forestry in unencumberred state forestland include HKm, HD, HTR and Kemitraan. The scope and conditonalities of HKM, HD and HTR are tabulated below (Table 3), while Kemitraan scheme is regulated accordingly to individual agreements between company and community. Table 3. Arrangements for HKm, HTR and HD community forestry schemes HKm HD HTR Scope Group or cooperative use rights over: Timber from planted trees only, in Production Forest Non-timber forest products. Environmental services. Village management rights over: Timber from both natural and planted forest, in Production Forest areas. Non-timber forest products. Environmental services. Conditionality Use subject to separate business license. Not alienable, cannot be collateralized. 35 years Use subject to separate business license. Individual or cooperative use rights in Production Forest, under three different models: Independent, established at own initiative and cost. Partnership or joint venture with plantation company. Led by a company under an outgrower scheme. Use rights granted at outset. Not alienable, only planted trees can use be used for collateral. Duration 100 years 60 years Source: Adapted from Royo and Wells, 2012 There are major differences on the objectives and the targets of the three schemes that will have implication on how local people/ communities access the forest resources. HKm principally aims to empower local communities (individuals), to improve their ability to sustain their livelihood through improved access and Page | 7 optimal uses of forest resources. HKm community forest is expected to become as the main source of livelihood of the communities. The target of the scheme is individuals who are considered as dependent on the forests, although in obtaining the HKm license the people have to organize themselves in a community forestry group (This is discussed in the next section). The individuals do not neccessarily come from the same village. Unlike, the targeted beneficiaries of HD scheme is the village institution. HD is implemented in state forest within village boundaries, to foster the village development and to improve the prosperity of the people within the village. It remains unclear how the benefits from the forests are eventually distributed. While HKm and HD focus on the livelihood of local people, HTR schemes aim to encourage local people to engage in more financial-oriented forest practices to accelerate the development of timber plantations. This scheme was principally driven by the slow progress of large-scale/ industrial plantation forests (Hutan Tanaman Industri). HTR is expected to increase the domestic timber supply for the national forest industries. HTR has a range of targets, i.e. individuals, households/ families, groups of local people, cooperatives and local government-owned enterprises. The community forestry schemes allow communities access to forest resources, and give them the right to exploit and benefit from timber and non-timber resources. In addition, communities can exclude others from using their forest resources. The long-term rights granted means that the forests are effectively held by the communities, close to close to ownership rights.7. However, securing the rights do not neccessarily mean the community forestry grantees have the actual access and the ability to use and benefit the forest resources. Ribot and Peluso (2003) distinguish access as “a bundle of power”, from property as “a bundle of rights”. Therefore, the actual ability to use the forests is they key whether the existing community forestry schemes in Indonesia enable smallholders and local people earning their livelihood from the forests. Some studies (e.g. Maryudi and Krott 2012) reveal that in some regions local communities are experiencing with difficulties in accessing the forests despite being granted with community forestry rights; details discussed in the next two sections. 4. What prevents the progress of community forestry? The previous section reveals the clear regulatory frameworks on community forestry in Indonesia. However, progress in in implementing community forestry, particularly in unencumbered state forest land has been slow and falls short of the targets. Overall by the end 2011, the total area of forest land has been transferred to local communities is less that 30,000 hectares, while the land that has been approved to be designated for the communities is less than a million hectares. Such represents a tiny fraction of the state forestland. Even for the communities already securing community forestry rights, there is limited evidence on the improved access to the forests local people can have. As the arguments to follow, applicants of community 7 According to the definition by Right and Resource Initiatives Page | 8 forestry face a number of legal and technical barriers, such as tenurial uncertainties and complex licensing procedures. In addition, there are external environments, e.g. markets and informal institutional environment that reduce the the access to and therefore limit the benefits from the forest resources. 4.1 Legal and technical barriers Tenurial uncertainties As outlined in the section of forest administration, there is an ambiguous tenurial system is Indonesia, principally in regard to indigenous rights. While the Basic Agrarian Law recognises traditional practices as a form of tenurial system, the new Forestry Law continues to consider the forest areas where indigenous groups dwell as (state) Forest Zones. Royo and Wells (2012) argue that the definition of state forests in Forest Law – which is the land without any titles attached, contradicts with the fact that the land registration system does not explicitly exclude titling of collective rights. Obidzinski and Dermawan (2010) argue that the land tenure issues will have a significant consequence given the magnitude of the targeted expansions of community forestry. The implementation of the community forestry schemes under Government Regulation PP No.6/ 2007 (HKm, HTR, HD) particularly rely on the availability of state forest areas that are not under any other licences. It is said that the state forest land that are potentially designated for the community forestry reaches as much as 40 million hectares (Hindra 2006). However, such sites are extremely hard to find (Kartodihardjo et al. 2011). A study on the HTR-designated areas in North Sumatra indicates the discrepancies between the actual land conditions and official qualifying criteria for indicated HTR sites (Noordwijk et al. 2007). Only a small fraction of HTR-designated land is considered as clear (Obidzinski and Dermawan 2010). Although the allocated land is resulted from so-called Forest Land Use Consensus Plan (Tata Guna Hutan Kesepakatan), there are often other activities on the land, such as residential areas and agricultural sites. Without proper and transparent delineation process, the community forestry is vulnerable to land and resource conflict and poses significant risk of instability (Royo and Wells 2012). Even the clear sites are available; they are often too far, scattered and fragmented, making it less attractive financially because the likely increased transportation costs (Obidzinski and Dermawan 2010, Kartodihardjo et al. 2011). That leads to the limited interests on the scheme (Kartodihardjo et al. 2011). In terms of tenurial arrangements, the existing schemes under Government Regulation PP No.6/ 2007, principally HTR, arguably offer tenurial security, quite close to the ownership rights as defined by Rights and Resources Initiative (Sunderlin et al. 2008). However, uncertainties remain. According to the implementing regulation (Permenhut 23/2007 art. 15), HTR permits cannot be traded, transferred or inherited, therefore limiting household management options (Obidzinski and Dermawan 2010). HTR is a risky investment due its long-term nature and uncertainties in the future markets. Thus, the uncertainties over the future tenurial rights might dampen the enthusiasm of local communities to engage in HTR plantation (Schneck 2009). Page | 9 Complex licensing procedures Another account associated with the slow progress of community forestry is the complex licensing process. For the three community forestry programs under Government Regulation PP No.6/ 2007, a number of Ministerial Decrees have since been issued for establishing licensing procedures for the community forestry arrangements, including processes for prior determination of suitable sites for HKm, HD and HTR.8 Licensing is said neccessary for ensuring the tenurial rights the people that they can exclude non-grantees from accessing and using the forests once being granted with the licences (Muttaqin 2010). It is argued that the legal frameworks community forestry licensing processes are designed to be simpler than those for large-scale industrial forestry (Kartodihardjo et al. 2011). Two General Directorate regulations (Perdirjen No.10/2010 and Perdirjen No.11/2010) promise to proceed the application for licenses of the three community forestry schemes under Government Regulation PP No.6/ 2007 within 60 days (for HKm initially 90 years). Figure 1 Procedures of IUPHKm licenses Application, with the following documents: - Approval from village administration - Sketch of the forest Step 1 User groups Step 4 Approval for IUPHKm Step 6 District major/ Governor Step 3 Step 2 Approval for IUPHH HKm Step 4 Application with digital map of designated forest (Function, total area, slopes, ground cover, dependence of the people) Forest Minister Application for IUPHH HKm, with the following documents: Formal business unit, management plans In fact, the process takes longer time. The average time needed is about a year, with a case in Jambi even needed approximately three years (Partnership Program 2011). This is because the processess are technically demanding, and involves transaction costs. The lengthy processes were in part to the examination on whether the groups are of the competences for managing the forests (Maryudi 2011). In addition, local 8 No. P.37/Menhut– II/2007 and No.P.18 /Menhut-II/2008 on HKm; Permenhut No.P.49/Mehut-II/2008 on Hutan Desa; Permenhut No.P.23/Menhut-II/2007, Permenhut No.P.5/Menhut-II/2008 and P.55/Menhut-II/2011 on HTR. Page | 10 communities in rural areas have to deal with a number of different governmental institutions at sub-district, district and provincial levels as well as the different directorates at the Ministry of Forestry, which are often beyond the reach of people in rural communities (Figure 1 gives an example of the complex procedures for HKm application). A particular concern is when community forestry is not the policy priorities of the institutions. Andriyanto et al. (2006) found that a number of district governments have yet to place poverty alleviation and community forestry as their top priority. Regarding the transaction costs, formally no costs are involved in the licensing processes. However, informal fees and payments are indicated to occur during the processes (see Noer 2011). In addition, significant costs are involved in the preparation of the application. Experience from HKm grantees in Yogyakarta suggest that, despite the assistance and facilitation from an NGO, it took nearly a year to prepare the management plan. The process involved the development of the group constitution and internal rules, forest delineation and mapping, forest inventory, and documentation & reporting. It is suggested that a facilitator used to assist three HKm groups with the total HKm area of around 15 hectares per group (Exwan Novianto, an HKm facilitator, personal communication 25 February 2013). A facilitator was paid around two million IDR9, so assisting three groups cost around 24 million IDR (8 million IDR/ a group of 15 hectares). In addition, conducting inventory and mapping of 15 hectares HKm cost roughly 10 million IDR. Data processing, documentation and reporting further cost 2 million IDR (ibid.). Overall, preparing a management plan for a group of 15 hectares cost roughly 20 million IDR. The licensing process is further complicated by two-layered processes; management rights and (timber) utilization rights are distingusihed, meaning that the people have to deal with two sets of application procedures before before being able to cut timber from the forests. This regulation applies for HKm and HD schemes. Before secure the utilization rights, HKm and HD grantees are only permitted to use the forestland and harvest non-timber products. The problem the people face is that there is only few non-timber products in the forests, as the case of HKm in Yogyakarta. This in part suggests the schemes, which both are focusing on people’s livelihood is less-prioritized than HTR, which is more financial oriented. In fact, in HTR scheme the right to timber is bundled with the principal permit. In addition, the government has allocated more financial support for the HTR grantees (see Section 4.2). Even so, as regulated in Ministerial Regulation P.55/Menhut-II/2011, HTR has set the maximum size to 900 hectares, meaning that communities seeking to manage larger areas will need to apply for multiple permits (Royo and Wells 2012). Management & business plans as technical barriers Of the existing schemes under Government Regulation PP No.6/ 2007 require the development of management plans, for both management and utilization rights. The plans usually cover both 9 1 USD is roughly equivalent to 9500 IDR Page | 11 strategic and tactical activities to be implemented in the respective community forestry schemes. It is suggested in Article 27 of the Forest Ministerial Decree No.37/ Menhut-II/ 2007 on HKm that the management plans will be used for the reference for the HKm grantees in conducting the forest activities and as a means of control by both central and local (provincial and district) governments. In addition, the people have to carry out forestland gazzettement and mapping as well as preparing reports of forest activities to the government. Further, before being able to make use of timber and other products, communities are also required to business licenses - in addition to the permits granting them rights in an area (Royo and Wells 2012). Looking at the limited capacity of forest users (in most cases possess limited education) and poor documentation, the requirement pose a great deal of challenges. Here, costs of producing management and business plans are a bottleneck (the estimation has been discussed in the previous section). The communities already securing HKm and HD licenses were assisted by NGOs through donor-funded projects (Maryudi 2011). Kartodihardjo et al. (2011) point to the nearly non-existent assistance from the forest service/ officials to the local communities in obtaining the permits. For HKm scheme, Ministerial Regulation P.37/ 2007 stipulates that facilitation on developing groups, creating management plans and empowerment must be carried out by district and provincial governments. However, local governments are yet to show meaningful roles in accelerating the implementation of the community forestry scheme. The limited human resources and budgets is often cited as the main reason (Partnership Program 2011). Local governments often see the schemes as the program implemented by the central government (Ministry of Forestry), to which they have no structural responsibilities.10 Further, the community forest schemes are perceived to offer limited investment opportunities to boast the incomes for local governments (ibid.). Limited access rights The current implementation of most of community forestry schemes in state forestland (both Perhutani-PHBM and the three schemes under Government Regulation PP No.6/ 2007) has yet to enjoy major forest products (notably timber). In PHBM-scheme, instead of cutting trees, the farmers are given a share from sales of timber and/ or main forest products. In teak forest, the participating groups are given 25% of timber sales, while in pine forests the group are given 25% of timber sales and 5% of pine resin sales11. Whether the forest users enjoy the share depends on the current potential of the forests and the distribution of the money within the group. In most cases, community forest activities focus on rehabilitating the forests (reforesting the land) and improving the security of the forests. Harvests are rare, if not non-existent, given the generally 10 Local governments are responsible to the Ministry of Intern Affairs The share is corrected with a coefficient of rotation of harvested compartment divided by the running year of the agreement. For example: an 80 year old compartment harvested in the 5th year of the agreement, the share received amount to = (5: 80) x the sales. 11 Page | 12 young forest structure, meaning limited money has been splashed out. The limited inflow funds are usually used for constructing community forest related building and facilities such as group offices (Maryudi and Krott 2012). Of few cases on large amount of money given to the communities, due to rich and mature forests, only a small fraction is given to the people. Most of the money is used for buildings, committed to associations at sub-district and district levels, or even returned to Perhutani’s officers for forest management activities, including forest patrols (ibid.). In the other schemes, timber cuts are theoretically allowed (Maryudi 2011, Royo and Wells 2012). In HD scheme implemented in production forests, timber cuts are permitted although a 50 m3 limit is set, regardless the size of the forests and the member households. The limited allowable cut cannot make up the long and complex harvest permits that might involve high transaction costs12. In HKm, farmers are only allowed to cut planted trees. However, up to date, the farmers are yet to be able to cut trees. Even the farmers have met the requirement and have applied for cutting licenses; the government has yet allowed the farmers to cut trees that they have planted. The government is still exercising how the sales are distributed to the government and the people (see Djamhuri 2008). It is quite remarkable as the trees were fully planted and nurtured by the people. The government argues that it contributes in the tree planting in the form of forestland (Djamhuri 2008). Only HKm communities in Yogyakarta (a total of approximately 1,200 hectares) have recently been granted cutting rights, only for one year. This was made possible through long dialogues and advocacy culminated in the end of 2012 when the Forest Minister visited the forests, checking the forest conditions and the people’s competence. Rumours circulate that such is political move by the Minister, a politician, to raise the votes for his political party in the national election, held in 2014. Such a visit is unlikely to be made in all community forestry grantees across the country. The cuts in the following years remain in doubts. It is thought that the ministry of forestry will require the farmers to submit an annual application each year (Exwan Novianto, HKm facilitator, personal communication 25 February 2013). Institutional simplication As earlier outlined, customary communities and practices remain unacknowledged in the national forest policy. This can serve as barriers in the implementation of Hutan Desa scheme. Since the enactment of Law on Village Government No. 5 in 1979, the government has imposed uniform administrative systems across the country, dismantling customary systems in the forested areas. Particularly in many regions of Outer Islands, spatial planning and models of village administration s remain under developed. Therefore, the implementation of HD can encourage micro political tensions between formal villages (as the representation of the government at the micro level) and the customary rules. In addition, it is important to ensure the distribution of benefits to 12 Formally no costs involved, but preparation of the application certaintly does. As there is yet harvest cases from HD, the costs cannot be presented. Nonetheless, estimations have been presented in obtaining management rights/ licenses in the section of complex licensing processes Page | 13 the whole population in the villages. Unclear rules on the distribution of benefits can encourage the captures of most of benefits by elites in the village administration. 4.2 Financial barriers Local communities are also experiencing with financial burden in implementing the community forestry schemes. As previously described, before being permitted to cut trees, community forestry grantees have to prepare the management plans, conducting forest gazettement and mapping, and reporting. The problem is the limited financial support from the government. For instance, only USD 5.7 million (in the form of grants) had been allocated for assisting HKm and HD grantees in preparing the management plans whereas the actual cost may be in the region of USD 27.8 million for total of 500,000 hectares, as targetted (Royo and Wells 2012). More financial support is provided for HTR. As previously said, this scheme is preferred by the government due the objectives of fullfilling demand for the national timber industries, and also involves large business entities. The Ministry of Forestry has established the Forest Development Funding Agency (Badan Layanan Umum Badan Pembiayaan Pembangunan Hutan) to support the development of HTR plantations. The HTR grantees can access the government HTR fund of around USD5 billion derived from the Reforestation Fund (Dana Reboisasi, DR) from 2007 through 2016. Loans are provided with the interest rate will follow the rate set by the Indonesian Deposit Insurance Corporation (Lembaga Penjamin Simpanan, LPS), which is generally lower than the commercial interest rate (Obidzinski and Dermawan 2010). However, few HTR grantees have been able to access the financial support. One of the reasons is the complicated procedures in accessing the funds. In fact, the funding agency does not have regional offices, meaning that the grantees must apply directly to Jakarta office (Kartodihardjo et al. 2011). There is an absence of an intermediary institution (the funding agency does not have offices at the regional levels) with the capacity to nurture and aggregate HTR groups at a scale capable of absorbing the financing schemes (Royo and Wells 2012). It is argued it is unlikely that applicants particularly under the independent scheme will be able to access the subsidized funding from the Ministry of Forestry due to complicated application procedures (Kartodihardjo et al. 2011). There are also concerns on the financial feasibility, particularly for HTR scheme, whether the financing schemes are enough to meet the true cost of set-up and maintenance (Schneck 2009, Obidzinski and Dermawan 2010, Royo and Wells 2012). Schneck’s study (2009) on 22 proposed HTR sites reveals the negative Net Present Values under the predicted base-case prices. This means that HTR is unattrative as the HTR will basically costs more than the fiancial benefits. As for smallholding tree planting in private lands (Hutan Rakyat), despite its significant contribution to the national timber industries, financial support is rarely provided. Indeed, there a number of financing schemes (from commercial banks) for micro, small and medium-sized enterprises. However, the financing schemes are rarely accessible to them because commercial banks are rarely convinced with long nature of tree growing. In addition, the tree growers are usually required to provide their land title for the collateral bond before accessing any loans/ credits. Although Page | 14 their ownership over land is widely acknowledged, smallholding tree growers rarely posses the land title13. The absence of land title is a key constraint to people’s access to financial credits. 5. Constraints in timber harvests, transports and marketing: Regulatory and informal environments To date there is yet harvests of timber from the community forestry schemes in unencumbered state forestland (HKm, HD and HTR). Harvests from community forestry in Indonesia are all from smallholding private tree farming. Therefore, this section only analyzes smallholding private tree farming, although the associated regulations also apply other community forestry schemes when they start to produce timber. Outside the Forest Zone, tree planting has been practiced spontaneously by rural households in Indonesia. Principally in the country’s most densely populated island of Java, rural people have been practicing agro-forestry, planting trees mixed with seasonal crops in their home garden and farmland -locally referred to as Hutan Rakyat. The land on which small scale tree farming is outside the juridiction of the Ministry of Forestry as it is outside the Forest Zone (state forests). Instead, it is under the domain of the National Land Agency (Badan Pertanahan Nasional, BPN). The administration of the land is by district governments, whose forest service (Dinas Kehutanan Kabupaten) usually deals with private tree farming. However, the Ministry of Forestry also regulates the practice. The Indonesian Basic Forest Law (UU No. 41/ 1999) recognises the forest practice, which classified as Hutan Hak (private forests). Recent figures indicate the huge potentials of small-scale tree planting. Principally in Java Island, it is indicatively estimated that there are more than 2.5 million hectares of smallholding tree growing in private lands (Suprapto 2012). The annual timber production from the forests is estimated more than 5 million cubic meter, accounting to more than a half of timber supply for the processing industries in the island (Javlec 2012). Wood from the forests is increasingly regarded as a “salvage valve” for the national timber industries, including for export markets (Suryanto 2011). Rarely tree growers in Indonesia fully devote their time for tree farming activities; instead, the practices are usually side-job of agricultural cropping. Planting trees is preferred as it requires intensive cares. They usually collect the tree seedlings from the nature or from their neighbour, although buying tree seedling is also a recent trend. Few people nurture the trees (thinning and tending) after planting the seedlings, as the people devote most of their times in agricultural crops. Planting is done upon the availability of the seedlings and spaces between the existing tree and agricultural crops. At this stage, government regulations are rarely imposed. Few (government) institutions directly engage in the forest activities. In many districts, even the forest services, which are formally tasked to foster smallscale tree planting through providing technical assistance and extensions, are 13 In many cases, the land ownership is only registered at the village office Page | 15 sporadically engaged, particularly when the government implements reforestation and land rehabilitation activities. Limited budgets and personnels are the common explanation. For example, within a District Forest Officer, there are usually twothree officers having forestry background. The large coverage of area under a forest office makes difficult for the office to provide technical assistance to all tree growers. This is further complicated by the nearly non-existent travel budgets for the officers. Trees are usually treated by small growers as their savings/ safety nets; daily livelihoods are from the agricultural crops and other earnings from casual works (Maryudi 2006). Trees are harvested when the growers need emergency (big) spending such as for wedding ceremony and paying their children’s school fees and other expenses - locally referred to as Tebang Butuh (Widayanti et al. 2005). Although the land is not under its domain, the Ministry of Forestry controls and regulates the harvests of the trees and the transportation. The regulation applies to all trees, including from the home-gardens (backyards). In many cases, people rarely apply for harvest permits for own use. The detailed procedures and regulations are explained below. 5.1 The existing systems Forestry Ministerial Decree No. 126/Kpts-II/2003 on Forest Product Management requires that prior to any harvest, tree growers have to apply for a harvest permit, to be issued by the district forest service. The idea of the harvest permit is to ensure that the trees are really at the ownership of the applicants, and to prevent illegal cutting in state forests. The process of getting the harvest permit is often complicated, and involves a number of institutions and costs, shown below. Figure 2. Procedures on obtaining harvest permits Applicants Checking on documents of application in Forest Service In-complete Field checking (Commission Team) Investigation/ Validation Document - List of species - Number of trees to be harvested Completed Issuance of Harvest Permit District Forest Service (Finalization process on harvest Permit) Page | 16 Before applying the harvest permits to the District Forest Service, applicants have to bring a number of documents, including ID card, a letter from the village chief (Kepala Desa) indicating that the trees to be harvested are at the possession of the applicants, and other related documents. At this stage, either formal or informal payment for the village chief usually occurs, depending on the number of the proposed harvested trees. A field check by a team of 5-7 persons from District Forest Service, a sub-district officer, Perhutani officer, police and military personnel, is conducted when all of the neccessary documents has been provided. The multibackground team is employed to ensure the legality of the trees and the land are of the possession of the applicant; approval from a number of related institutions is said neccessary. Formally, a harvest permit costs nothing, but the applicants should provide cordial services for the team (including transport expenses). In many cases, a applicant spend a minimum of 200 thousand IDR for covering the expenses of the team (Rahmanta Setiahadi, personal communication 21 February 2013). A validation sheet/ document must be handed back to the district forest office before the issuance of the permit. A number of local/ district governments also see harvests of trees in smallholding tree farming as an opportunity to generate regional revenues. In addition, through issuing a local regulation, the district governments also charge fees for the harvest permits, variably from 100 thousand-200 thousand IDR/ permit (Rahmanta Setiahadi, personal communication 21 February 2013). Complex and expensive processes also occured in the transport of the timber. The Ministry of Forestry requires that the transport of timber14 from the land must be accompanied with a certificate of origin (Surat Keterangan Asal Usul)15, which is often perceived to ensure that the timber not originating from the (state) Forest Zones. District forest service is in charge of issuing the certificate. Prior to issuing the certificate, the forest service requires the tree farmers to provide a note from the village chief that states the harvested trees originating from the farmers’ own land. Based on Ministry of Forestry Regulation No.P.51/Menhut-II/2006, no costs are involved to obtain the document. However fees are charged on the harvest of trees by the village chief and the district government (through the forest service). In addition, the process of obtaining the certificate of origin are often cumbersome, in some cases the document is unavailable at the district forest service. It is often alleged that the document has been sold as blank documents to timber traders (Rahmanta Setiahadi, personal communication 21 February 2013). Further, informal fees also occurred during the transport of timber, charged by polices and the district transportation agency (Mayrowani 2006). It is suggested that in one single transports (a container of 4-6 m3), the drivers can experience with multiple payments up to500,000 IDR (Rahmanta Setiahadi, personal communication 21 February 2013). 14 The Ministry had a long list of species whose harvest must be accompanied with a certificate of origin 15 Regulated in the following ministerial regulations: No.P.51/Menhut-II/2006, No.P.62/Menhut-II/2006, Regulation No. P.33/Menhut-II/2007 Page | 17 The complex process of obtaining harvest permits and the certificate of origin, coupled with the limited knowledge on the timber markets, has encouraged individual tree farmers to rely on either small or large or timber traders/ collectors. All of the informal fees are usually paid by the traders who in turn offer lower timber prices to the farmers. In the timber transactions, tree growers remain the price takers, accepting the price set by the traders (Andayani 2003). In most cases, the people receive the least market shares, which are instead mostly enjoyed by the traders (Awang et al. 2002). It is suggested that tree farmers only enjoy less than 50% of the actual timber prices (National Geographic Indonesia 2012). In the market chains, particularly timber traders become powerful informal actors. In some regions, they are well connected to district forest officers, or even the influential figures in the district government, who might issue local regulations favoring them vis-a-vis tree growers (Rahmanta Setiahadi, personal communication 21 February 2013). 5.2 The upcoming systems The government of Indonesia c.q. Ministry of Forestry has welcomed the EU’s FLEGT Action Plan dedicated to tackle illegal logging and its associated trade. In 2011, Indonesia and the EU have agreed to put initial signatory on a Voluntary Partnership Agreement, to be formally signed in this year. Anticipating the conclusions of VPA negotiations with the EU, the government of Indonesia had made a “jump start” by implementing the mandatory legal verification applied to all forest management units, in both state and private forests, and processing industries swiftly after the legislations of Sistem Verifikasi Legalitas Kayu/ SVLK (Indonesian Version of Timber Legality Assurance System). However, analysts (e.g. Kaimowitz 2003, Elson 2008) are cautious that the implementation VPA and the eventual legal verification may turn out to increase poverty of vulnerable groups, including smallholding tree growers. Others (e.g. Dharmawan et al. 2012) suggest that tackling illegal logging in small-scale tree farming to some extent miss the targets as the practice rarely occurs, if not nonexistence. Small-scale private forests are said to be least prepared in the mandatory legal verification (MFP 2012). For most, the costs of legal verification and the surveillance are beyond the reach. This is because of the artisanal nature of tree planting, which is treated as a source of additional incomes. Legal verification of group management units is advocated as a strategy to deal with the cost-associated problem (MFP 2012). Group certification nonetheless appears not solving the problem of the farmers’ inability to pay the costs of SVLK. For example, of the existing groups have been legally verified, the costs of verification were fully borne by donors. Looking at the vast area of smallholding tree farming in Indonesia, it is highly unlikely that the SVLK certification will be paid by donors. In addition, SVLK involves complex procedures and requires tree growers to meet a set of criteria and indicators. Although the standards are said to be remarkably simple (van Heeswijk 2010), farmers face huge challenges in preparing the verification. Experience suggests that it took months or even more than a year before the group became ready for the verification (Arupa 2013). This means that Page | 18 the farmers are bound to spare time and energy used to be devoted for farming and other activities for the daily livelihood. Problems can also arise during the process of obtaining land titles. The farmers have to deals with both formal and informal payments collected by the village chief and BPN officers. To be fair, the Ministry of Forestry has simplified the procedures of obtaining tree harvests and the certificate of origins. In SVLK, the certificate can be issued by the village chief or an appointed member of the group. Even, purchase notes – instead of SKAU – are seen as an adequate document for timber transport.16 Such is expected to minimize or even remove the informal SKAU payments, but concerns on the persistent occurrence of illegal payment, particularly to the village chief remains. A set of mitigation measures is indeed needed to eradicate the practices, so SVLK will do no harm or even enhance the viability of smallholding tree growing. 6. Conclusions Forest policy and management in Indonesia is long characterized by the state’s centralistic control and the exclusion of forest dependent people from having meaningful involvement in the decision making and the uses of the resources. The recent policy shift toward community forestry in Indonesia shows an emerging signal on acknowledgement on the ability of local forest users to manage forest resources sustainably, and gives the people opportunities to benefit from the resources and eventually improve their daily life. Nonetheless, challenges remain before the policy achieved the intended objectives of improved forest resources, empowered forest communities and their better quality of life. Local forest users and smallholding tree growers face a number of regulatory and technical barriers as well as limited financial support from the government. That the government-initiated community forestry schemes fall short of the initial targets in terms of the extent of state forestland areas managed by to forest communities to a large extent is explained by the regulatory barriers of tenurial uncertainties and the complex licensing procedures. Those coupled by the limited capacity as technical assistance rarely provided by government institutions appear to impede local people to secure the community forestry licences. Those securing the community forestry licenses are yet to obtain meaningful benefit from the forests, particularly timber. The fact that the trees are planted by the communities, as of HKm cases in Yogyakarta, is yet to suggest the government to permit full harvests. Further, the government rarely provides technical and financial assistances to the community forest people. Only HTR grantees appear to receive better support, but concerns remains as some assumptions used for the financial subsidies/loans does not encourage viable business. Similarly, smallholding tree growers, despite their contribution to improving the environment and supporting the national timber industries, still lack of government support. One of their main challenges is their reliance to timber traders, which in turn enjoy large shares in the distribution chains. Loans for the people can help, but commercial banks and micro financing institutions are rarely convinced to the tree 16 Forestry Ministerial Decree No. 30/ 2012 Page | 19 growing business. Some government regulations, principally on the harvests and marketing of timber from private forests put more financial burden for the growers due both formal and informal fees and payments, and even enhance the power of timber traders in the market chains. The new policy on mandatory legal verification could have unintended impacts on the livelihood of the people. The government should make concrete efforts to remove both regulatory and technical barriers which prevent local communities and smallholding growers to benefit from the forests. That can include removal/ revision of unfavorable policies, providing technical facilitation and financial support to encourage the competitiveness of community forestry business. For community forestry schemes in the state forests, simplified licensing procedures (for both management and harvest rights) is one of the foremost supports. If possible, both licenses can be secured in one single application. This will reduce the costs of the preparations of the neccessary documents. Regarding the numerous institutions involved in the process, establishing a single and integrated task force/ desk closer to the people will also reduce the time, and also will minimize informal fees/ payments. The integrated desk can also be tasked to provide services for community forestry grantees in accessing the current financial support provided by the government (BLU scheme). This means that the people will have easier access to the financial support. Technical assistance and capacity building for the people in dealing with the complex managerial requirements are also crucial. Local people, due either the lack of knowledge on community forestry regulations & managerial skills or lack of time, need external support to swiftly engage in the community forestry. The government can collaborate with other institutions, e.g. universities, NGOs and local governments in providing the people with technical assistance. This consequently requires more financial commitments from the governments. While subtantial fund has been allocated, the challenge is how to ensure that BLU scheme can be equally accessible for all community forestry schemes. Financial supports are also needed by smallholding tree growing in private land. Establishing micro finance institutions with simpler requirements in providing loans will reduce the dependence of the tree growers to timber traders, that might consequently improve their bagaining positions in regards to the price negotiations. Their benefits from the forests will also improve when the government simplify/ deregulate harvest permits and certificates of origins. Technical assistance for the farmers, particularly on improving the silvicultural practices, can also improve the quality of the timber products that can eventually improve the financial benefits. For community forestry in both state and private land, mainstreaming community forestry among related institutions and stakeholders should be further improved. The Ministry of Forestry is unlikely to single-handedly remove the regulatory and technical barriers as well as informal environments disadvataging smallholders/ community forestry grantees. The ministry of forestry can build intersectoral cooperations with for instance the Ministry of Home Affairs (the patron of local governments), National Police and Highway Service and other related institutions. First, this can minimize additional payment charged by local governments (village, Page | 20 sub-district and district) upon the harvests, and informal payment along the road. Second, this can reduce the dependence of tree growers on timber traders, which currently deals with the complex procedures involving a number of institutions. There are also a number of windows of opportunity smallholders and community forestry grantees might also get improved financial/ economic benefits. This includes payment for environmental service schemes and recently carbon trading. Both promise financial reward the good forest practices. The government should make necessary steps to help the people to benefit from the new opportunities. Page | 21 References Andayani, W. (2003). Efisiensi Pemasaran Kayu Sengon Rakyat di Daerah Sentra Produksi Kabupaten Wonosobo. Jurnal Hutan Rakyat, Vol. 5 No 1. Andrianto, A., Wollenberg, E., Cahyat, A., Goenner, C., Moeliono, M., Limberg, G. and Iwan, R. (2006). District Governments and Poverty Alleviation in Forest Areas in Indonesia. Governance Brief No. 30. Program Forests dan Governance. Center for International Forestry Research Arupa (2013). Dinamika SVLK di Hutan Rakyat. http://arupa.or.id/dinamika-svlk-dihutan-rakyat. (12 February 2012) Awang, S.A., Andayani, W. Himmah, B., Widayanti, W.T., Affianto, A. (2002). Hutan Rakyat: Sosial Ekonomi dan Pemasaran. BPFE. Yogyakarta Badan Pusat Statistik/ BPS. (2010). Hasil Sensus Penduduk 2010: Data Agregat per Provinsi. Badan Pusat Statistik, Jakarta, Indonesia Barr, C., Resosudarmo, I.A.P., Dermawan, A. and McCarthy, J. (2006). Decentralization of Forest Administration in Indonesia: Implications for Forest Sustainability, Economic Development and Community Livelihoods. Center for International Forestry Research, Bogor Bratamihardja, M., Sunito, S. and Kartasubrata, J. (2005). Forest Management in Java 1975-1999:Towards Collaborative Management. ICRAFT Southeast Asia Working Paper, No.2005-1,ICRAFT Southeast Asia Regional Office, Bogor Byron, N. and Arnold, M. (1997). What Futures for the People of the Tropical Forests? CIFOR Working Paper No. 19, Bogor. Colchester, M. (2002). Bridging the Gap: Challenges to Community Forestry Networking in Indonesia. Learning from International Community Forestry Networks: Indonesia Country Study. Contreras-Hermosilla, A. and Fay, C. (2005). Strengthening Forest Management in Indonesia through Land Tenure Reform: Issues and Framework for Action. Fores Trends and World Agroforestry Centre Dahal, G.R., Atkinson, J. and Bampton, J. (2011). Forest Tenure in Asia: Status and Trends. European Forest Institute – FLEGT Asia Regional Office, Kuala Lumpur Dharmawan, A.H., Nugroho, B., Kartodihardjo, H., Kolopaking, L.M. and Boer, R. (2012). SVLK, Jalan Menuju REDD+. Forest Governance and Multistakeholder Forestry Programme, Ministry of Forestry Indonesia – UK Department for International Development Djamhuri, T.L. (2008). Community participation in a social forestry program in Central Java, Indonesia: the effect of incentive structure and social capital. Agroforest System, 74:83–96 Elson, D. (2008). Linking FLEGT Voluntary Partnership Agreements to jobs and growth: potential challenges and benefits for small and medium forest enterprises. Forest Trends, Washington DC Hasan, M. (1991). The Indonesian wood panel industry. Unasylva, 42 (4): 11-15. Hindra, B. (2006). Potensi dan kelembagaan hutan rakyat. A paper presented in the Seminar of Forest Product Research and Development. Bogor Page | 22 Kaimowitz, D., (2003). Forest law enforcement and rural livelihoods. International Forestry Review, 5: 199–210. Kartodihardjo, H., Nugroho, B., Rohadi, D., Suharjito, D. and Dermawan, A. (2011). Community plantation forests in Indonesia: Challenges and policy recommendations. CIFOR Info Brief. No. 42, November 2011 Kusumanto, Y. and Sirait, M.T. (2002). Community Participation in Forest Resource Management in Indonesia: Policies, Practices, Constraints and Opportunities. Southeast Asia Policy Research Working Paper, No. 28. Larson, A.M., D. Barry, and G.R. Dahal. (2010). Introduction. In: Larson, A., D. Barry, and G.R. Dahal. (eds.), Forests for People: Community Rights and Forest Tenure Reform. London, Earthscan. Lindayati, R. (2000). Community Forestry Policies in Selected Southeast Asian Countries. Working Paper 6, Rural Poverty and the Environment Working Paper Series. International Development Research Centre, Ottawa Lynch, O.J. (2006). Securing Community-Based Tenurial Rights in the Tropical Forests of Asia: An Overview of Current And Prospective Strategies. A report from World Resources Institute's Center for International Development Environment, Washington, DC Lyons, M.(1995). Export Marketing of Plywood from Indonesia. Food and Agriculture Organization, Rome. Maryudi, A. (2011). The Contesting Aspirations in the Forests – Actors, Interests and Power in Community Forestry in Java, Indonesia. Goettingen University Press, Goettingen Maryudi, A. (2012). Restoring Control over Forest Resources through Administrative Procedures: Evidence from a Community Forestry Programme in Central Java, Indonesia. Austrian Journal of Southeast Asian Studies, 5 (2) Focus: Environment. Maryudi, A. and Krott, M. (2012). Poverty Alleviation Efforts through a Community Forestry Program in Java, Indonesia. Journal of Sustainable Development, 5 (2): 43-53 Massijaya, M.Y. and Kartodiharjo, H. (1999). Forest Resource and the Forest Products Industry in Indonesia. in A Step toward Forest Conservation Strategy(2) Interim Report 1999. IGES Forest Conservation Project Institute of Global Environmental Strategies. Mayers, J. and Vermeulen, S. (2002). Company-community forestry partnerships: From raw eals to mutual gains? Instruments for sustainable private sector forestry series. Institute for Environment and Development (IIED), London Mayrowani, H. (2006). Kebijakan Otonomi Daerah Dalam Perdagangan Hasil Pertanian. Analisis Kebijakan Pertanian, 4 (3): 212-225. McCarthy, J. F. (2000). The Changing Regime: Forest Property and Reformasi in Indonesia. Development and Change, 31: 91-129 Ministry of Forestry. (2012). Forestry Statistics of Indonesia 2011. Jakarta Page | 23 Multistakeholder Forestry Programme/ MFP (2012). Forest Governance and Multistakeholder Forestry Programme 2012 (Transition). Progress Report. April – September 2012. http://www.mfp.or.id/wp-content/uploads/2012/03/LaporanEnambulanan-April-Sept-2012.pdf (14 February 2013) Muttaqin, M.Z. (2010). Restrukturisasi Arsitektur Kelembagaan Kawasan Hutan di Indonesia. Policy Brief Vo.4. No.5. Pusat Penelitian Sosial Ekonomi dan Kebijakan Kehutanan. Badan Penelitian dan Pengembangan Kehutanan Noer. (2011). Perijinan hutan tanaman rakyat tidak dipugut biaya. From: http://noerdblog.wordpress.com/2011/10/28/perizinan-hutan-tanaman-rakyattidak-dipungut-biaya/ (accessed 28 February 2013) Noordwijk, M., Suyanto, S., Budidarsono, S., Sakuntaladewi, N., Roshetko, J., Tata, H., Galudra, G., Fay, C. (2007). Is Hutan Tanaman Rakyat a new paradigm in community based tree planting in Indonesia? ICRAF Working Paper Number 45. Obidzinski, K. and Dermawan, A. (2010) Smallholder Timber Plantation Development in Indonesia: What is Preventing Progress? International Forestry Review, 12(4):339-348. Partnership Program. (2011). Mendorong Percepatan Program Hutan Kemasyarakatan dan Hutan Desa. Partnership Policy Paper No. 4/2011 Peluso, N. (1992). Rich Forests, Poor People: Resource control and resistance in Java. University of California Press, Berkeley, CA. Rahmina, H., Sofia, Y., Marbyanto, E. and Mustofa, E. (2011). Tata Cara dan Prosedur Pengembangan Program Pengelolaan Hutan Berbasis Masyarakat dalam Kerangka UndangUndang No. 41 Tahun 1999. Ministry of Forestry and Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) Ribot, J. C. & Peluso, N. L. (2003). A Theory of Access. Rural Sociology, 68(2), 153-181 Rohadi, D., Kallio, M., Krisnawati, H. And Manalu, P. (2010). Economic incentives and household perceptions on smallholder timber plantations: Lessons from case studies in Indonesia. Montpellier conference, 24-26 March 2010 Royo, N. and Wells, A. (2012). Community Based Forest Management in Indonesia: a review of current practice and regulatory frameworks. Background paper for The Forest Dialogue on Investing in Locally Controlled Forestry (ILCF), Yogyakarta, Indonesia 6 – 9 February 2012 Rusli, Y. (2003). The Policy of the Minisry of Forestry on Social Forestry. International Conference on Rural Livelihoods, Forest and Biodiversity, Bonn 19-23 May 2003 Schneck, J. (2009). Assessing the viability of HTR ‐ Indonesia’s community based forest plantation program. Master Thesis. The Nicholas School of the Environment of Duke University Sunderlin, W., Artono, A., Palupi, S., Rochyana and Susanti, E. (1990). Social Equity and Social Forestry in Java: Preliminary Findings from Four Case Studies. Network Paper 10a. Social Forestry Network. Overseas Development Institute. London. Sunderlin, W.D., Angelsen, A., Belcher, B., Burgers, P., Nasi, R., Santoso, L., Wunder, S. (2005). Livelihoods, Forests, and Conservation in Developing Countries: An Overview. World Development, 33 (9):1383–1402 Page | 24 Sunderlin, W.D., Hatcher, J. And Liddle, M. (2008). From Exclusion to Ownership? Challenges and Opportunities in Advancing Forest Tenure Reform. Rights and Resources Initiative, Washington DC Suprapto, E. (2012). Hutan Rakyat: Aspek Produksi, Ekologi dan Kelembagaan. http://arupa.or.id/sources/uploads/2010/08/Hutan-Rakyat-Aspek-ProduksiEkologi-dan-Kelembagaan.pdf (14 February 2013 Suryanto, S. (2011). Hutan Rakyat sebagai Katup Penyelamat Ekologi Jawa. Jurnal Wacana, 25: 95-114 van Heeswijk , L.(2010). Combating Illegal Logging: The EU-FLEGT Action Plan: A discourse analysis of the development of a legality-definition between and within the European Union and Indonesia. Master Thesis. Department of Environmental Sciences Forest and Nature Conservation Policy Group, Wageningen University and Research Centre, The Netherlands Vayda, A.P. (1997). Managing Forests and Improving the Livelihoods of Forest-Dependent People. Reflections on CIFOR’s Social Science Research in Relation to its Mandate for Generalisable Strategic Research. CIFOR Working Paper No. 16, Bogor. Wardojo, W. (2003). Empowering Communities to Manage Forests: Social Forestry in Indonesia. International Conference on Rural Livelihoods, Forest and Biodiversity, Bonn 19-23 May 2003 Webb, E.L. (2008). Forest Policy as a Changing Context in Asia. In Webb, E.L. and Shivakoti, G.P. (Eds.) Decentralization, Forests and Rural Communities: Policy Outcomes in South and Southeast Asia. New Delhi: SAGE Publication, pp 21-43 Widayanti, W.T, Himmah, B., & Awang, S.A. (2005). Manajemen sistem hutan rakyat menuju model sertifikasi: Pengalaman di Desa Kedungkeris, Kecamatan Nglipar, Kabupaten Gunung Kidul, Jurnal Hutan Rakyat, 7 (3): 1-24 Wiyono, E.B. and Santoso, H. (2009). Hutan Kemasyarakatan: Kebijakan dan Mekanisme Kelembagaan. Seri Panduan Teknis Pemberdayaan Masyarakat Sekitar Hutan. With further contribution from: Julmansyah and Taqiuddin, M., WG Pemberdayaan Dephut RI. Wollenberg, E., Belcher, B., Sheil, D., Dewi, S., and Moeliono, M.(2004). Why are forest areas relevant to reducing poverty in Indonesia? Governance Brief. No.4. Forest and Governance Programme. Center for International Forestry Research. Bogor Page | 25