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CHAPTER I

BACKGROUND

a. Background

Issue of global warming itself is now starting to become sensitive and crucial issues, the damage

that has occurred atmosphere protracted, where the drought which, famine continues to occur in

cases where the malnutrition which is obviously no longer be ignored and referred to by the

celebrity nation nations, and the need for concrete steps to resolve the problem or at least reduce

the decisive impact of global warming issues.

Aware of the effects that has existed since long time ago, which unfortunately caused negative

effects also varied. Diverse convention was formed, many groups working on the make, a lot of

the agenda and the draft was put forward by the leader of the country's leaders, accompanied by

hard work helped scientists to solve the global environmental problems together. Everything is

done and submitted in order to meet the expectations and hope for the human race to survive and

maintain the viability of the habitable earth together.

The agenda was finally coming to fruition when scientists discovered the main source of

environmental problems, global warming resulting in climate change, which is rooted in

deforestation or forest removal in massive amounts. While many people assume that global

warming is real happen due to large released of burning oil and gas. But the fact that 25 to 30

percent of greenhouse gases released into atmospher with more or less amounted to 1.6 billion

ton due to deforestation

This is what later became the focus with world leaders to reduce the negative impact of global

warming made available through a variety of regulations and mechanisms both general about

climate change, protection of animals and plants, to mechanisms for reducing carbon emissions

from deforestation are well known to us as Reducing Emissions from Deforestation and Forest

Degradation in Developing Countries or commonly abbreviated as REDD.

REDD as a mechanism agreed upon by the leaders of the country in order to reduce the impact of

global warming through emission reduction mechanisms of regulation of forest deforestation and

forest deforestation already happened. Where expected by the rule and this mechanism as well to

get to the ultimate goal of mankind to sustain this mechanism also helped provide stronger

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grounds for the state to enforce the environment law more seriously in order to protect their

assets, which in this case is the protection of forests of deforestation that occurred either by large

companies legally, or illegally. However, now there is a change in the REDD mechanism that

has been approved with some changes and adjustments to REDD + was held in an effort to better

adjust and accommodate global need to protect the environment together.

Surely Indonesia, as one of the contracting state in this convention and as one of the countries

that has the third-largest tropical forest in the world, is certainly required also to play an active

role in efforts to reduce the adverse effects of deforestation megakibatkan global warming that

triggers a variety of calamities and disasters happened lately. Recalling also that Indonesia as

well as developing countries are able to survive the economic crisis facing the last few years so it

is appropriate that was when Indonesia took over the role in addressing the issue of globalizing

the neighborhood.

Departing from the above explanation, the authors also feel that it is important to raise the issue

of the impact of REDD + to Indonesia given that the impact happened to Indonesia as the effects

of these international agreements can certainly make an impact on the people of Indonesia and

also to the world. So with the above reasons, the author took the initiative to take the title of this

paper is to analyze the impact of time of implementation of REDD + to the Republic of

Indonesia. Hoping to educate the reader about what is REDD, REDD + legal basis and

mechanism, and hopes that this study can help readers even more writers to be more loving and

protecting environmental assets of our beloved country.

b. Formulation of the Problem - What is REDD+?

- What would be the impact of implementing REDD+ to Indonesia?

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CHAPTER II

ANALYSIS

a. REDD+ Definition

According to the FAO (2005), deforestation, mainly conversion of forests to agricultural land,

continues at an alarming rate of approximately 13 million hectares per year (for the period 1990

2005). Deforestation results in immediate release of the carbon originally stored in the trees as

CO2emissions (with small amounts of CO and CH4), particularly if the trees are burned and the

slower release of emissions from the decay of organic matter. The IPCC WGIII (2007)

estimated emissions from deforestation in the 1990s to be at 5.8 GtCO2/year. The IPCC also

notes that reducing and/or preventing deforestation is the mitigation option with the largest and

most immediate carbon stock impact in the short term per hectare and per year globally as the

release of carbon as emissions into the atmosphere is prevented1

Realized that the Montreal COP discussed only on reducing emisions from deforestation (RED)2.

As it became further clear that forest degradationa ctually was an even bigger problem than

deforestation, avoided degradation placing seond D was officilay endoresed at the 2007

COP13 in Bali and RED morphed into reducing emissions from deforestation and degradation

(REDD)

The effects of deforestation cannot be denied affcted from local, national to global level. Where

one of the most important effects on the deforestation is its effeect on the degradation of global

common, namely atmosphere. Its a fact that deforestation does contribute to global warming

which occurs from increased atmospheric concentrations of greenhouse gases leading to net

increases in the global mean temperature. The atmospheric process by which greenhouse gases

contribute to tempreature increases is known as radiative forcing. There are four principal

greenhouse gases, namely carbon dioxide (CO2), methane (CH4), nitrous oxide (N20) and

chlorofluorocarbons (CFCs). Where we know the effects of global warming are potetnailly

calamaitous.it has been predicted that severe global warming will result in changes in global

patterns of agricultural productivity, a melting of the Arctic and Artantic ice caps, thermal

1 http://unfccc.int/methods/redd/items/7377.php 2 Submission from parties FCCC/CP/2005/MISC.1

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expansion of the oceans and a net rise in sea levels which would threaten coastlines worldwide.

While unfortunately, it will be followed with threat to nature conservation, the warming of the

oceans that will endangered marine life, while cimatic zone will migrate toward the poles, thus

placing stress fragile ecosystems.

Scientific consensus has emerged on the role of greenhouse gases in global warming, including

the relationship between co2 levels in the atmosphere, deforestation and global warming. A

major research prject which contributed to scientific consesus on the linkage between

deforestation and global warming, was the twenty ninth report of the scientifc committee on

problems of the environment (SCOPE) of the international council os scientific unions (ICSU).

SCOPE, The report SCOPE 29- was publsihed in 1986 and dealt on the impact of global

warming, including the role of deforestation in increasing of CO2 atmospheric

Further IPCC (Intergovernmental Panel on Climate Change (IPCC) presented its finding in the

Second World Climate Conference which shows the relationship between deforestation and

global warming where as emissions resulting from human activities are substantially increasing

atmospheric concetrations of the greenhouse gases. Where these increases will enhance the

natural greenhouse effect, reulting on average in additional warming of earths surface.

Realizing big impact of the deforestation towards atmosphere condition that obviously might

bring issue on living creature sustainability which live on the surface of earth, through the united

nations framework convention on climate change (UNFCCC) conference of the parties in Bali in

2007 whcih produced the Bali Action Plan, a proess for negotiating a global climate strategy to

succeed the Kyoto Protocol. This plan acknowledged the imporance of forests in addressing

climate change, and the enormous potential boon REED represents. REDD initiatives can deliver

significant climate change mitigation benefits along with co-benefits. Where these include

protecting the environmental services that forest offer, improving the livelihoods of forest

dwelling communities and clarifying land tenure rights.

As the conference party agreed to have REDD as an effort to solve problem on deforestation it

becomes a basis to establish The United Nations Collaborative Programme on Reducing

Emissions from Deforestation and Forest Degradation in Developing Countries (UN-REDD

Programme) which was created in September 2008 to assist developing countries to build

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capacity to reduce emissions and to participate in a future REDD+ mechanism as the further step

after REDD.

The conference of the parties at first agreed on a first place to have a results-based finance

provided program in regard developing country parties that is new, additional and predictable

whcih may come from a wide variety sources, public and private bilateral and multilateral,

including alternative sources,3 which basically will be futher called as REDD+ with REDD as

the preparation program before launching REDD+.

REDD itself is a mechanism to create an incentive for developing countries to protect, better

manage and wisely use their forest resources, contributing to the global fight against climate

change. REDD strategies aim to make forests more valuable standing than they would be cut

down, by creating a financial value for the carbon stored in trees. Once this carbon is assessed

and quantified, the final phase of REDD involves developed countries paying developing

countries carbon offsets for their standing forests. REDD is a cutting-edge forestry initiative that

aims at tipping the economic balance in favour of sustainable management of forests so that their

formidable economic, environmental and social goods and services benefit countries,

communities, biodiversity ad forest users while also contributing to important reductions in

greenhouse gas emmissions4

While the UN-REDD programme is supporting governments to prepare national REDD+

strategies, build monitoring systems, engage stakeholders and assess multiple benefits

The UN-REDD Programme builds on the convening power and expertise of its three

participating UN organizations (referred to in this document as UN-REDD Programme

agencies): the Food and Agriculture Organization of the United Nations (FAO), the United

Nations Development Programme (UNDP) and the United Nations Environment Programme

(UNEP). The UN-REDD Programme works in close partnership with other REDD+ initiatives,

especially those operated by the World Bank, and supports the implementation of UNFCCC

decisions. In addition, during an interim phase, prior to the establishment of a REDD+

mechanism under UNFCCC, the UN-REDD Programme Team (UN-REDD PT), together with

3 Par.70 FCCC/CP/2011/9/Add.1 4 Un-redd.org

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the Forest Carbon Partnership Facility Management Team (FCPF FMT), is providing secretariat

services to the REDD+ Partnership established by countries in May 2010 in Oslo, Norway to

scale up REDD+ actions and finance. As a multilateral, country demand-driven initiative, the

UN-REDD Programme has a critical role to play both to support the emerging interim

arrangements for REDD+ financing and coordination, and to support the incorporation of an

effective REDD+ mechanism within a post-2012 climate change agreement.

In order to optimize the approach and effectiveness of the UN-REDD Programme, the three

participating UN organizations embarked on the preparation of a Programme Strategy covering

the period 2011-2015. This five-year strategy was adopted by the three UN-REDD Programme

agencies and endorsed by the UN-REDD Programmes Policy Board.5

Evolution of the UN-REDD Programme Established in 2008, the UN-REDD Programme is one

of the leading primary multilateral initiatives capable of providing early support to countries and

strengthening the role of Indigenous Peoples, local communities, other forest-dependent

communities and civil society organizations in REDD+ activities, and developing tems. Norway

is the founding donor of the Programme and has contributed significant start-up funds. The

Programme was officially launched in September 2008 by the Prime Minister of Norway, Jens

Stoltenberg, and the UN Secretary-General, Ban Ki-moon. In 2009, Denmark became the second

donor to the Programme, followed by Spain in 2010.

The Quick Start phase was initiated in partnership with nine pilot countries: In

Africa:Democratic Republic of the Congo (DRC), Tanzania, Zambia In Asia-Pacific:Indonesia,

Papua New Guinea (PNG), Viet Nam In Latin America and the Caribbean:Bolivia, Panama,

Paraguay

Demand for the UN-REDD Programmes support has grown rapidly. The Programme now has

developed with 29 partner countries enforcing this program. These include the above listed nine

pilot countries and 20 new partners. As of November 2010, all nine pilot countries had prepared,

presented and had funding allocations approved for their National Programmes by the UN-

REDD Programme Policy Board. Most of these National Programmes are now in the

5 The strategy was submitted to and endorsed by the UN-REDD Programme Policy Board at its fifth meeting, 4-5 November 2010

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implementation phase, indicating a relatively rapid pace from development to implementation of

programmed activities.

In addition to National Programmes, the UN-REDD Programme supports REDD+ readiness

efforts through a Global Programme, which develops common approaches, analyses,

methodologies, tools, data and guidelines and convenes global and regional meetings to support

countries in their REDD+ readiness work, while also providing overall programme support

functions.

The goal expected to be achived is obviously to significantly reduce emissions from

deforestation and forest degradation wcich can be best be achieved through a strong global

partnership to create REDD+ mechanism under the United Nations Framework Convention on

Climate Change. Such a partnership must be based on commitment, on one hand, by developing

countries to embark on low carbon, climate resilient development and on the other hand, by

developed countries to provide predictable and significant funding as an incentinve for reduced

forest based carbon emissions.

Feedback provided by countries which participating and other partners point to both

opportunities and challenges for the UN-REDD Programme. While it may be impossible to

explicitly determine the share of work among the different REDD+ initiatives, the UN-REDD

Programme will focus its activities on areas where the individual and collective strengths and

expertise of the UN agencies distinguish it from other initiatives and give it a comparative

advantage where these strengths and comparative advantages are such as, the presence of UN in

REDD+ countries and long-standing development partnerships with countries, Regional and

country-specific agency teams that are able to provide policy and advisory services, A variety of

relevant technical competencies, experience and capacities within the agencies, Transparancy

and accountable fund administration through the Multi-donor Trust Fund (MDTF) , speedy and

effective approval procedures, the Unique composition of the Policy Board, which including

REDD+ countries, donors, representatives of Indigenous Peoples and civil society organizations

as well as the three UN-REDD Programme agencies Commitment to UN Declaration on the

Rights of Indigenous Peoples and facilitating stakeholder engagement Commitment to

Delivering as One UN through joint programming and national implementation modalities

Focus on delivery at the country level, full support at the highest management level of the three

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UN-REDD Programme agencies (a flagship Programme), close cooperation with other readiness

initiatives, specifically FCPF, FIP and GEF, next one is the Normative functions of the UN in

building, managing and sharing knowledge, developing ability to draw on technical expertise

from other sources and organizations including NGOs, international organizations, research and

capacity-building institutes and private companies.

Simultaneously along with the problems that have been mentioned before, there are critical

challengesboth within the collaborative Programme and for REDD+ countriesassociated

with the design and implementation of REDD+ where the UN-REDD Programme will need to

take into account. These include the following in Programme challenges such Ensuring that UN-

REDD Programme agencies and their partners can mobilize the needed competencies in all

components of REDD+ readiness to help countries respond to the complexities that REDD+

presents, harmonizing with other REDD+ initiatives REDD+ approaches and mechanisms that

support the design of national readiness processes and engagement with stakeholders, including

the private sector, the developing effective partnership and coordination arrangements with other

REDD+ initiatives, mobilization significant resources to assist countries, Ensuring that design

and implementation of the UN-REDD Programme support is consistent with the overall REDD+

framework of the UNFCCC process, in particular the emerging REDD+ safeguards, adhering to

social and environmental safeguards by UN-REDD Programme agencies.

While unfortunately there are some challenges toward Country implemented this UN-REDD,

strengthening national governance structures so that REDD+ policies and regulatory frameworks

can work for development, ensuring equitable and efficient benefit distribution mechanisms and

subsidiarity at the various levels in a country, Ability to secure effective, sustainable and

predictable fast-start financing for REDD+, and unpredictability of time span for reaching

agreement on a new climate change pact.

Subsequently, it was further recognised that there could be climate benefits not only from

avoiding negative changes (deforestation and degradation) but also from enhancing positive

changes, such conserving and restoring forests6 this action can also be referred to as removals or

negative emissions, this point symbolezed with the + and reducing emmisions from

6 Emerging REDD+ A preliminary survey of demonstration and readiness activities. Sheila Wetz- Kanounnikoff, Metta Kongphan-apirak. CIFOR Working Paper 46. Denmark. 2009

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deforestation and forest degradation in developing countries (REDD) and the role of

conservation, sustainable management of forests and ehancement of forest carbon stocks in

developing countries.

REDD+ is a proposed performance-based mechanism under negotiation through the United

Nations ramework Convention on Climate Change (UNFCCC), in which devel-oped country

donors, corporations, nongov-ernmental organizations, and individuals will compensate

developing countries for forest emissions reductions, including through mar-ket mechanisms.

Payments will require demonstrated ssions reduc-tions through improved forest protection,

sustainable forest management, and/or enhance-ment of carbon stocks7. REDD+ will be a key

emis-sions mitigation strategy as evidenced by extensive donor investments to prepare devel-

oping countries to implement REDD+, e.g., $4.5B from six developed countries by 2012. By

2020, REDD+ investments may reach $30B a year8.

Under REDD+, recipient governments will devise strat-egies for national land-use and forest-

sector planning, stakeholder negotiations, ten-ure clarifi cation, carbon bro-kering, national-level

carbon accounting, and provision of funds and services to local actors A national approach is

onsidered integral to the suc-cess of REDD+ projects: It can help avoid leakage; ensure

permanence; and pro-vide reliable monitoring, reporting, and verification (MRV). This approach

effec-tively converts national governments into the principal forest stakeholders

REDD+ strategies projected go beyond deforestation and forest degradation, and include the role

of conservation, sustainable management of forests and enhancement of forest carbon stocks in

reducing emissions. It is also a climate change mitigation solution that many inititatives,

including the UN-REDD programme, are currently developing and supporting. Other multilateral

REDD+ initiatives include the Forest Carbon Partnership Facility (FCPF) and Forest Investment

Program (FIP), hosted by The World Bank.9

As it has been mentioned that the bali action plan calls for consideration of policy approaches

and posivitve incentives on issues relating to reduce emissions from deforestation and forest

7 P. A. Minang, D. Murphy, REDD after Copenhagen: The Way Forward(World Agroforestry Center, Nairobi, 2010) www.asb.cgiar.org/PDFwebdocs/REDD_After_Copenha-gen-EN.pdf. 8 UN-REDD Programme, www.un-redd.org 9 http://www.un-redd.org/UNREDDProgramme/FAQs/tabid/586/language/en-US/Default.aspx

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degradation in developing countries; and the role of conservation, sustainable management of

forests and enhancmenet of forest carbon stocks in developing countries along with other

fundamental reason to enhance activities to reduce the conduct of deforestation, thus in order to

help the readiness of REDD and REDD+ implementation.

To help the participating countries within this program, instead of having donor, Denmark,

Japan, Norway and Spain, to support the implementation of the program, by having US$ 118.9

million, which already allocated to suport UN-REDD programme partner countries and the

national, regional and global level10 , there are some strategies implemented to help this plan

work out by having Strategic Climate Fund, followed by the Forest Investment Program and

Forest Carbon Partnership Facility11

Further the strategic climate fund (SCF) was established to provide financing to pilot new

development approaches or to scale up activities aimed at a speicific climate change challenge or

sectoral response through targeted programs. Along with that, a forest investment program (FIP)

is to be established as a targeted program under the SCF to catalyze policies and measures and

mobilize significantly increased funds to facilitate the reduction of deforestation and of forest

degradation and promotte impreoved sustainable management of forest, leading to emissions

reductions and proection of forest carbon stocks12

Thus, FIP is desigened to achieve objectives such as to initiate and facilitate steps towards

transformational change in developing countries forest related policies and practices also to pilot

replicable models to generate understanding and learning of the links between the

implementation of forest-related investments, policies and measures and long-term emission

reductions and conservation, sustainable management of forests and the enhancement of forest

carbon stocks in developing countries. By committing to apply a priori and ex post impact

assessment of programs and projects, the FIP will ensure that the outcomes and effectiveness of

FIP-supported interventions in reducing deforestation and forest degradation can be measured;

Also to facilitate the leveraging of additional financial resources for REDD, including through

a possible UNFCCC forest mechanism, leading to an effective and sustained reduction of

10 http://www.un-redd.org/Donors_and_Partners/tabid/102612/Default.aspx 1111 http://www.un-redd.org/UNREDDProgramme/FAQs/tabid/586/language/en-US/Default.aspx 12 Governance Framework for the strategic climate fund, paragraph 10(b)

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deforestation and forest degradation, thereby enhancing the sustainable management of forests;

and to provide valuable experience and feedback in the context of the UNFCCC deliberations on

REDD13. Not just having FIP as one of way to help the fund for participating countries, REDD+

system has Forest Carbon Partnership Facility as a global partnership of governments,

businesses, civil society, and indigenous people focused on reducing emissions from

deforestation and forest degradation, forest carbon stock conservation the sustainable

management of forests, and the enhancement of forest carbon stocks in developing countries14

The forest carbon partnership facility is designed to set the stage for a large-scale system of

incentives for reducing emissions from deforestation and forest degradation in developing

countries, by providing a fresh source of financing for the sustainable use of forest resources and

biodiversity conservation, and for people who depend their livelihoodson forest

The FCPF consists of two mechanisms, each with its own trust fund for which the world bank

acts as trustee. The first one is the Readiness Mechanism which assist 37 tropical and sub-

tropical developing countries in preparing themselves to participate in a future, large scale,

system of positive incentives for REDD, whcih include preparing a REDD strategy and/or

complementing the countrys existing strategy and policy framework for forest and

environmental management, including answering questions of carbon ownership and benefit

sharing mechanisms, establishing a referene scenario for emissions and possibly an assessment

of future emissions. The reference scenario is the reference against which countries will reduce

emissions and emission reductions to calculate the reductions in emissions against the reference

scenario. Each country participating in the FCPF is addressing the challenges of deforestation

and forest degradation in its own way and contributing valuable experience to the partnership. In

this way the FCPF is maximizing its learning value, by testing various approaches.

Readiness activities obviously must involve a high degree of consultation with civil society and

indigenous peoples organizations. The national REDD strategy design must itself be rooted in a

broad-based consultative process, where civil society, indigenous peoples organizations and the

private sector is represented. Given the historical role of indigenous peoples and other forest

dwellers as stewards of tropical forests, it is critical that governments set up participatory

13 Point.11 FIP Design Document 14 http://www.forestcarbonpartnership.org/about-us

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mechanisms to ensure that they be meaningfully consulted during the formulation and

implementation of their countrys Readiness Plan and REDD Strategy and that they benefit from

capacity building and future financial incentives.

To enhance such consultation and participation, the FCPF also supports a capacity building

program that specifically targets forest-dependent indigenous peoples and other forest dwellers,

to strengthen their understanding of climate change and the technicalities of REDD. Through

activities such as training workshops, conferences and dissemination of reports and other

information, the capacity building program aims to enable indigenous peoples and other forest

dwellers to play a more meaningful role in the design and implementation of REDD programs in

their respective countries, and to engage more effectively in, and contribute to, the international

discussions on REDD. Such strengthened consultation and participation also helps to publicize

and increase understanding of indigenous peoples and other forest dwellers views and potential

contributions to REDD system design and implementation. Indigenous knowledge about forests

may prove very useful to the national monitoring, reporting and verification systems that will be

set up, while the indigenous peoples presence on the ground could be a key element of the

enforcement mechanisms that will be necessary in the course of REDD program implementation

While in carbon finance mechanism, a few countries that will have successfully participated in

the readiness mechanism may be selected, on a voluntary basis, to participate in the carbon

finance mechanism (or carbon fund), through which the FCPF will pilot incentive payments for

REDD policies and measures. The carbon fund will remunerate the selected countries in

accordance with negotiated contracts for verifiably reducing emissions more than in the

reference scenario. The carbon funds payments are intended to provide an incentive to the

recipient countries and the various stakeholders-including forest-dependent indigenous peoples,

other forest dwellers or the private sector within each of these countries, to achieve long-term

sustainability in financing forest conservation and management programs. With expectation this

program would help reduce the negative impact on the global climate from the loss and

impoverishment of forests.

Through having several alternate ways to give participating countries some benefit that can be

obtained by countries which having high level of deforestation. Those countries obvioulsy

having possibility to reduce pollution significantly and of course to earn much fund if they can

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do it. Under the wider REDD+s scheme, countries which already protected their forest properly

also can earn some value of money. This kind of activities might have positive benefit to help

low economic condition simultaneously. Implementation that has been achieved is where a

wood factory give acessto local people to use the forest, will be appriciated and awarded.

b. REDD+ and Indonesia

Indonesia has a range of policies and programs that are of direct relevance to the REDD. First, it

is important to acknowledge that Indonesia has ratified: the Ramsar Convention; the UN

Convention on Biological Diversity; the UNFCCC; and the Kyoto Protocol. The Ministry of

Environment (MoE) is the key agency in developing environmental policies in Indonesia,

including policies related to climate change. The DNPI leads Indonesias negotiations in the

UNFCCC (MoE was a focal point for the climate change negotiation in Indonesia). Second, the

Ministry of Forestry (MoFor) has so far pro-activelydriven REDD process in Indonesia, starting

with the establishment of the IFCA in 2007 to conduct initial steps in REDD Readiness. Since

2008, The Ministry of Forestry has issued four National Regulations on Reducing Emissions

from Deforestation and Degradation in order to guide implementation of national REDD policy.

Some programs related to REDD preparation are on-going such as developing Indonesia NCAS

and FRIS program. FRIS will be the basis for monitoring, assessment and reporting for REDD

and GHG. It will also include a REDD registry to list REDD related operations and for serving

payment mechanism. Other programs to support REDD indirectly, particularly to carbon

measurement are developed in the MoFor through various projects.

For examples, collaboration between the MoFor (PHKA, RLPS, FORDA) and ICRAF under a

Rewarding the Upland Poor for Environmental Services (RUPES) project, REDD ALERT

project, and other activities under FMU systemdevelopment and Timber Legality Assurance

System (TLAS). Since COP13, the increased complexity and significantanticipated benefits and

economic changes initiated by REDD has been triggered to increase involvement of other

institutions, including BAPPENAS, Ministry of Finance, Ministry of Environment, Ministry of

Public Works, Ministry of Home Affair, Ministry of Agriculture, The Coordinating Ministry of

Economic Affairs, and Provincial and District Government. The National Council on Climate

Change is the umbrella institution to coordinate the institutions. The national institutions

responsible to develop REDD related policies and program based on their sectoralmandates

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whereas some provincial and district governments are in the process of initiating demonstration

activities. Indonesia has adopted an approach to REDD implementation characterized as a

national approach with sub-national implementation. Through the IFCA process, initial steps

in REDD readiness have been taken. The IFCA, a multi-stakeholder alliance, established and

managed by the ForestryResearch and Development Agency (FORDA) and supported by the

World Bank, has conducted a series of important studies on different aspects of REDD organized

through working groups.

By the time of COP 13 in December 2007 each of the working groups had developed technical

papers which were supported by a structured program of consultations with principal

stakeholders from the Ministry of Forestry (MoFor), national and international NGOs and forest

industry groups The Ministry of Forestry (MoFor) has the responsibility to manage the nations

forest which is currently in the order of 120.35 million ha or 64.08% of the land surface15

To guide implementation of national REDD policy, the Ministry of Forestry has recently

initiated in following four decisions such as:

- Ministerial Regulation P.68/Menhut-II/2008 which provides an umbrella for

voluntary REDD initiatives and demonstration pilot projects currently under

implementation or being developed. (December 2008)

- Ministerial Decision SK. 13/Menhut-II/2009 which establishes a Climate Change

Working Group within the Ministry of Forestry (MoFor) (January 2009). The Climate

Change Working Group aims to develop initiatives to deal with issues related to

climate change including REDD. The group comprises all Directorate Generals

(DG)s within the Ministry.

- Ministerial Regulation P. 30/Menhut-II/2009 which provides mechanisms to reduce

carbon emissions from deforestation and forest degradation (May 1, 2009)

- Ministerial Regulation P. 36/Menhut-II/2009 which provides a framework for issuing

licenses for carbon utilization in production and protection forests (May 22, 2009).

15 Departemen Kehutanan. 2005. Rencana Strategis Kementerian Negara/Lembaga Departemen Kehutanan Tahun2005-2009.

15

Other programs indirectly related to support REDD, particularly to carbon measurement are

developed in the MoFor through various projects. For examples, collaboration between the

MoFor (PHKA, RLPS, FORDA) and ICRAF under a Rewarding the Upland Poor for

Environmental Services (RUPES) project, REDD ALERT project, and other activities under

KPH system development and Timber Legality Assurance System (TLAS).

Since COP13, the increased complexity and significantanticipated benefits and economic

changes initiated by REDD triggered increased involvement of other institutions, including:

- The National Development Planning Agency(Badan Perencanaan Pembangunan Nasional-

BAPPENAS): BAPPENAS is responsible for overall development coordination which

includes the management of financial/technical assistance from Development Partners.

BAPPENAS coordinates the implementation of bilateral and multilateral aid projects which

includes cooperation projects with Australia and Germany.

- The Ministry of Environment until the establishment of the National Council on Climate

Change (Dewan Nasional Perubahan Iklim), served as the focal point for the United Nations

Framework Convention on Climate Change (UNFCCC). Ministry of environment is

responsible for developing and overseeing national policies on environmental management

issues.

- Ministry of Finance (MoF) is responsible for the design and implementation of payment

mechanisms, including sharing of REDD generated revenues. One of the possible options to

manage REDD finances is the establishment of a Public Service Agency. MoF is

instrumental in the establishment and management of these institutions which will report to

the Minister. Furthermore, MoF has established a task force for developing fiscal policies

relevant to climate change.

- The National Council on Climate Change(DNPI): The DNPI was established in 2008

through a Presidential Decree, meaning that the DNPI reports its activity directly to the

President. It has been given significant authority to advise and oversee implementation of

both climate change adaptation and mitigation policies. DNPI has become the UNFCCC

focal point. The DNPI comprises of six working groups to deal with issues of adaptation,

mitigation, technology transfer, finance, forestry and post-Kyoto mechanisms.

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- Ministry of Public works: Its Directorate General for Spatial Planning is responsible for

spatial planning and oversees the implementation of law 26/2007, a spatial planning law.

- Ministry of Home Affairs(MoHA) is responsible for overseeingdecentralization and

provides overall guidance to the districts with regards to the spatial and economic

development planning. Engagement with MoHA on REDD is thus of significant importance,

but still very limited.

- Ministry of Agricultureis responsible in managing estate crops (such as rubber, palm oil,

and other estate crops) and forested land outside of state owned forests.

- The Coordinating Ministry of Economic Affairsdevelops and oversees economic

development. They responsible for mainstreaming climate change into general development

policies. The ministry has been instructed by the president through Presidential Instruction

5/2008, which also instructs MoFor and KLH, to issue timely REDD regulations.

- Provincial and District Government: Based on Forestry Law No. 41/1999 and its revise Law

No. 19/2004, forest and forest related issues are the responsibility of the Ministry of

Forestry, but with significant management responsibilities at the local level except

management of forest for conservation purposes. Management of conservation forest is

under the responsibility of the central government. According to the Laws, the minimum

forest cover that should be maintained of the total area of a watershed is 30%. The Law also

mentioned that islands, provinces,districts or watersheds should have a minimum forest

cover of 30% of the total land area and the forest area. The forest area is defined by the

government based on biophysical conditions, climate, population and socio-economic

conditions of the community within the region it is residing. This has been supported by

Law 26/2007 on Spatial Planning which gives mandate to each district to be responsible for

their district spatial plans. The law mentions that at least 30% of each district area should be

vegetated by trees. In accordance with the new decentralization laws, the Spatial Planning

Law 26/2007 stipulates explicitly the

authority of provincial governments and of district governments in spatial planning. Based

on the Law 26, any local government should refer both to the national spatial plan and to the

long term development plan of its sub-ordinate local governments. It implies that any

provincial spatial plan is obliged to pay attention to the spatial plan of district

(Kabupaten/Kota) affected and it will be a guideline towards multi sector integration and

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multi jurisdiction spatial planning. Of the 33 provinces, 30 provinces has developed

designated forest zone map (Peta Kawasan Hutan) built upon their respective province

spatial plan. Only three provinces (Central Kalimantan, Kepulauan Riau and Riau provinces)

up to now have not finalized their designated forest zone map yet. Concerning to province

spatial plan, however, Indonesia decentralization in 1999 has delivered great authority to

thedistrict (Kabupaten/Kota) government, leaving the provincial government merely a

supervision function. The authority of district (Kota/Kabupaten) government in spatial

planning covers (i)

regulatory and supervision; (ii) planning; and (iii) partnership in planning between recity it

is One of issues concerning Law 26/2007 related to REDD is a possibility for provinceand

district government to revisit their spatial plan in every five years. It is possible for a district

to change a land use This possibility can provide significant opportunities for REDD

development in managed forested areas which are mostly managed by MoFor.

In the perspective of sociological impacts it is estimated more than 25,000 villages in Indonesia

that all or part of its territory located in the forest area (MoF: 2007.2009). World Bank (2009),

estimates there are 6 million people who depend on the source of their live contained within the

forest area. This fact shows, that those Indigenous Peoples and local communities Or Will Be

Affected by the REDD + activities in Indonesia 5 REDD + activities will directly affect the

livelihoods of tens of millions of people who live in and around forests. Communities living in

and around forests is one of the largest groups of poor people in Indonesia.

It is really important to understand that the interests of indigenous peoples and local communities

or the forest ecosystem, not merely economic interests but also includes spiritual and socio-

cultural interests, especially the indigenous peoples who lived for generations in and around

forest areas. This is closely related to the control and management based on customary law /

common law inherited from generation to generation.

In the framework of public policy making democratic and respects human rights and cultural

diversity, as mandated by the 1945 Constitution, the existence, interests and aspirations of

indigenous peoples and local communities or who live in and around the forest area, should be

considered seriously. Forest land use conflicts that occur in almost all regions in Indonesia as

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well as poverty communities living in and around forest areas, should be a matter of reflection in

planning public policy related to forests and forest ecosystems in general.

From legal perspective the Indonesian government has a legal obligation to involve the public in

accordance with The 1945 Constitution of the Republic of Indonesia (Article 18B) to "recognize

and respect indigenous / traditional in accordance with the laws of their traditional culture." It is

also in line with international principles of human rights such as participation and inclusion /

inclusive including full and effective participation, contribute and enjoy civil, economic, cultural

and political. Rights of indigenous / local is also reinforced by the commitment of the

Government of Indonesia in the number of international instruments such as the UN Declaration

on the rights of Indigenous Peoples (UN Declaration of the Rights of Indigenous Peoples

(UNDRIP)), the Convention on Biological Diversity, the International Convention on the

Elimination of All Discrimination (ICERD), the Universal Declaration of Human Rights, etc.

UNDRIP reaffirms the principle that development should not be carried out if consent /

agreement has not been obtained from the land of the indigenous peoples and the environment

likely affected.

The agreement of the COP 16 United Nations Convention on Climate Change (UNFCCC) in

Cancun-Mexico requested that developing countries ensure the full and effective participation of

relevant stakeholders, including indigenous peoples and the local community in the development

and implementation of national strategies or action plans REDD + . Indonesia should look at the

development and the regulatory scheme could fulfill as access to funding through the REDD +

mechanism. At the national level, Indonesian law also accommodate the interests of peoples'

rights when dealing with development. It was, among others, marked by the amendment of The

1945 Constituion of Republic Indonesiathat added a separate chapter on human rights. The

position of the Government of the Republic of Indonesia on development and human rights,

among other explanation can be found in the Law. 11, 2005 on the Ratification of the

International Covenant on Economic and Cultural Rights, as follows: "Finally, it was realized

that the life of the nation that did not heed the respect, protection and enforcement of human

rights will always cause injustice to the general public and do not provide a sound basis for

economic development , politics, social and culture for the long term ". TAP MPR IX numbers

2001 on Agrarian Reform and Natural Resources Management, stated that the agrarian reform

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and natural resource management should be implemented in accordance with the principles of,

among other things: respect and uphold human rights; develop democracy, legal compliance,

transparency and optimization of popular participation; realize justice in the control, ownership,

use, utilization, and maintenance of agrarian resources and natural resources; recognize and

respect the rights of indigenous people and the nation's cultural diversity agrarian resources and

natural resources. Policy toward agrarian reform and natural resource management should refer

to these principles.

Law No. 32 of 2009 have mentioned at least 7 articles regulating the existence of a recognition

and protection of indigenous peoples against the wisdom of local and indigenous peoples' rights

relating to the protection and management of environmental would support a legal basis for

indigenous peoples and / or local communities with all traditional wisdom to participate fully and

effectively in consent for REDD + in Indonesia. The law also states that the public has the same

rights and opportunities as possible and to play an active role in the protection and management

of the environment. The role of the community can be: social control; provision of advice,

opinions, suggestions, objections, complaints, and / or delivery of information and / or reports.

Policy Recommendations: Instruments Free, Prior Informed Consent (FPIC) For Indigenous

Peoples and Local Communities Will Or Affected in REDD + activities in Indonesia.

Protection of people's rights to access information as stipulated in Law No. 14 of 2008 like the

right of citizens to know the plans of public policy, public policy programs, and public decision-

making process, and the reasons for making a decision public, encouraging participation

community in the public policy making process and improve the community's active role in

public policy and good management of public institutions. Law No. 41 of 1999 on Forestry also

regulate the rights of the people involved in making decisions that will impact the community

with article 68 paragraph (2) (b), as follows: "The public deserves to know the plans of forest

allocation, utilization forests, and forestry information "

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CHAPTER III

CONCLUSION AND RECOMMENDATIONS

a. Conclusions Notice of its impact and the steps that have been taken over, the authors believe that no man is

perfect beyond what God has created, but it can not be denied that there had been a good

intention of the government to actively participate in the reduction of carbon emissions, to make

the system work better for carbon reductions per ministry as described above so that it can have

an impact nationally and globally. Given that this new program is held one year and of course it

would take a lot of advice and recommendations for advancement as well as the reduction of

deforestation rates. However, when projected from what is described above. It is expected that

all planned to run well.

b. Recommendations

As it has been mentioned that this program has just been implemented recently, authors cannot

merely mention solution towards impacts that have been mentioned before. Where i believe by

the time goes by, several evaluation and discussion will be held in regard to solve impact that

have been explained above. For instance for the problem on sociological perspective, there shall

be held an intensive discussion and sharing between the stakeholders and people that will

affected by the decision. Thus i believe, since the government has received large amount of fund,

our government shall not disobey and misconduct the workplan that have been planned and they

are under supervising of many states, where many states are depending to our action to reduce

emmision come from deforestation and degradation of forest.