INTEGRATION APPROACH OF POLICY INSTITUTIONAL ON LAND

MANAGEMENTIN INDONESIA:A Bid Against the Application of Agrarian

Reform in Central Kalimantan1
Oleh :
2
Ismatul Hakim
3
Lukas Rumboko Wibowo
Heru Komarudin4
Dewi Ratna Kurniasari 5

Land management in Indonesia does not seem to be integrated between ministries in

this regard Ministry of Agrarian and Spatial Planning and Ministry of Environment and
Forestry, so it is vulnerable to the emergence of conflicts and overlaps at the provincial,
district / municipal level and at the field level, for example: tugs on spatial changes, the
difficulty of setting targets for land productivity, land tenure, overlapping of permits and
land use in the field, the centralization of land tenure to large groups of investors, the
displacement of local communities from their environment, and the abundance of illegal
oil palm plantations. This paper aims to obtain policy alternatives on the need for policy,
institutional and program integration between the three related agencies as a result of
research in the Provinces of Central Kalimantan and West Kalimantan. The results show

1
This topic derived from field work conducted in Central and West Kalimantan in 2017 in
collaboration with CIFOR. This research is a part of big research theme on Governing
Oil Palm Land scape and Sustainability (GOLS).
2
Senior Researcher at the Center of Research and Development for Socio-economic
Policy and Climate Change (P3SEKPI), Bogor

Researcher at the Center of Research and Development for Socio-economic Policy and
3

Climate Change (P3SEKPI), Bogor

4
Senior researcher at Centre for International Forestry Research (CIFOR) Bogor
5
Junior researcher at Centre of Research on Socio-Econimic Policy and Climate Change,
(P3SEKPI) Bogor
that the integration of policies, institutions and programs is very weak, the difference in
the implementation of regional autonomy policy between the two related agencies, the
various institutional reaches of each to the lowest level.
Keywords: Land management, Integration, policy, institution, regional autonomy.

I. Introduction

In terms of penyfatannya, Indonesia's land area consisting of land agrarian objects

oriented to strengthening people's food sovereignty, spatial objects for economic
development, infrastructure and industries and objects in the form of forest areas that
play a role in economic, socio-cultural and regulatory environment. Each other is very
bordering and on the field level is difficult to distinguish them from each other. As the
object of agrarian land the legal umbrella is the Basic Agrarian Law No. 5 of 1960, while
for the spatial objects in rural and urban areas using the legal umbrella of Act 26 of
2007, and the object of land in the form of legal forest area is Law no. 41 of 1999 on
forestry. In the context of land, forest or forest must be recorded or recorded as an
agrarian component as well, since there are no forests or trees growing in the air. As
long as the object of the designated land is fixed and fixed, then between the three
laws there will be no clash with each other, whereas if there is a designated object of
the land belonging to another territory there will be clash with each other.

The pressure of increasing population and high demand for economic development and
development and industrialization will insist on the existence of three types of land
respectively. It can even push the land valuation out of control. Configuration of the
price and value of an expanse of land will be formed by itself, so that the land is in line
with its position (near or far from the road) and future periods that have investment
and business attractiveness that can be subjected to tax objects. Based on Article 6
paragraph 1 of Law no. 12 Year 1985, which became the basis of the imposition of
Land and Building Tax is the Value of Object Tax (NJOP). NJOP is determined through a
specific analytical model based on the technical provisions applicable in the Directorate
General of Taxation. Procedures for determining NJOP shall be regulated in Decision of
Director General Number: KEP.533 / PJ / 2000 which has been amended by Decree of
Directorate General of Taxation Number: KEP.115 / PJ / 2002. The determination of
NJOP is adjusted to Fair Market Value (NPW), with NJOP objective in accordance with
market price. Secretly, the attractiveness of investment and business for a land and
forest / forest area is still spared our observations, including the spread of oil palm
plantations in forest areas attracting investors so that the process of regulation,
integration and sectoral coordination and inter-agrarian sectors, spatial plan and
oversized forest governance follow the pressures of the rapidly expanding investment
market and palm oil business in global markets. Even the market price of palm oil
products on the market has led to overlapping licensing and institutional conflicts
among the government's own bureaucracy.

The above needs a thorough study of the value of land / forest area before being
converted into a business field (HGU) with the value after the APL becomes the
agrarian object, can be compared between the value of land for HGU object with Forest
/ Forest area value for another. So the role of institutions that handle agrarian affairs
(land) and spatial plan becomes very important. While the Forest Zone is the only asset
of the non-burdened state as an object that can not become a public commodity so that
the forest area also plays a role in the defense and sovereignty of the State and the
people. However, if the forest area converted into APL is also a tax object and will have
a selling price depending also on its position. Since the commencement of development
in the early days of the New Order Government of 1967, we have never monitored and
evaluated the conditions, status and position as public goods at this time nor. The three
agencies are for future interest.

The institution of Agrarian, Spatial Planning and Forest Areas are closely related to
each other dynamically. At the national level, it appears that each other is running well
and calmly, but at the level of the provinces and districts even at the level of the field
can affect each other and even lead to conflict between each other. So if we look at it
73 years ago since the Old Order Administration, or 48 years since the New Order
government, we have never had an integrated agrarian planning, spatial planning and
forest lands.

The paper aims to: 1) see how overlapping permits and conflicts occur between
government agencies in land and forest management in Central Kalimantan province
due to sectoral ego facing price pressures of palm oil products in global markets, 2)
strengthening and enhancing institutional and policy integration between the agrarian
sector (land), the spatial sector and forest sector sectors. The three agencies appear to
run on their own and even tend to lead to sectoral ego-difficult to find coordination and
coordination efforts with each other. Between agrarian sector, spatial and forest area as
already become discipline of science and profession of its own when activity and third
job relative same as structuring, planning, use, measurement, mapping and
development of business utilization for certain business interest. The emergence of
tenure and land conflicts often arises from one another due to weak coordination and
integration among the three sectors. One of the prominent issues in tenurial conflicts is
the spread of oil palm plantations in forest areas triggered by skyrocketing world crude
palm oil prices.

II. Scope of Regulation of Agrarian Affairs, Spatial Planning and

Governance of Forest Areas

For the first time, we must start with an understanding of the definition and limitations
of the scope of agrarian sector activities (land), spatial and forest landscapes.
Understanding the boundaries and understanding of each will make it easier for us to
design the plan of agrarian institutional strengthening (land), spatial layout and forest /
forest landscape in an integrated manner.

According to Mulyanto, B (2015), the land becomes the focus due to various natural
resources such as water, air, forests, plants and plants in agriculture and plantation,
closely related to the soil. Meanwhile, human life is always associated with natural
resources, especially land in the form of control, ownership, use and utilization of land
(P4T). Understanding the land needs to be comprehensively comprehended, multi-
dimensional, cross-sectoral and dynamic. Land and land-related affairs, or what is
commonly known as "land" requires an integrated approach (socio-cultural, economic,
political, defense and security and the environment). Therefore the definition of land in
this case includes the understanding of soil and land, and this understanding is
understood in the legal (juridical) aspect.

According to Subekti and R Tjitrosoedibio, agrarian is the affairs of the land and all that
is in and on it, which in the ground such as rocks, pebbles, mines, while those on the
ground in the form of plants, buildings. The scope of agrarian / natural resources can
be explained as follows: 1) Earth; Understanding the earth according to Article 1
paragraph (4) UUPA is the surface of the earth, including also the underlying earth body
and under water. 2) Water; Understanding water according to Article 1 paragraph (5)
UUPA is water in the inland waters and water that is at sea in Indonesia. 3) Space; The
definition of space under Article 1 (6) of the BAL is space above the earth of Indonesia
and space above the water of Indonesia. The definition of aerospace according to
Article 48 UUPA space above earth and water containing energy and elements -
elements that can be used for efforts to maintain and develop the fertility of the earth,
water and natural resources contained therein. 4) The natural wealth contained therein;
The natural wealth contained in the earth is called materials, ie chemical elements,
minerals, ores and all kinds of rocks, including noble rocks that are natural deposits.

According to the Spatial Plan Pattern, each region has different characteristics.
Differences in the characteristics and potential of the region led to various forms of
inter-regional spatial interelation (individual places) which then produce
interdependency of places. Dependence is what became one of the triggers of regional
development (Sutaryono, 2007). The development of the region here becomes a
necessity that must be met in order to accommodate increased population activity and
the 'urbanization' process. However, unmanaged growth of the region can have a
counter-productive negative impact with the sustainable development effort. To that
end, for the development of the region can be controlled then the Regional Spatial Plan
present as a guidance in regional development.

In the constellation of regional development planning, spatial arrangement has special

specification that must be considered by all stake holders who have interest to the
utilization and sustainability of space utilization, considering: (1) Spatial arrangement
related to various problems of life which is very complex, economic, political and social
community for all members of society who have different interests. (2) Spatial planning
is an activity that must be carefully planned by all stakeholders who have an interest in
space and have competence in the field of planning. (3) Spatial arrangement is the
basis for development activities based on space. (4) Spatial planning including planning,
utilization and control of spatial use is done by different parties, so its implementation
provides opportunities for different outcomes. (5) The results of spatial planning can
only be seen over a relatively long period of time (10, 15 or 25 years), so it is not
possible to innovate or revise / review quickly. (6) Supervision on spatial planning
should be done intensively so as not to deviate from the objectives and can be
immediately evaluated if something is found that indicates a deviation (Sutaryono,
2015).

Regulatively, the above has also been mandated in Law 26/2007 on Spatial Planning
and Government Regulation No. 15 of 2010 on Spatial Planning, which states that
Spatial Planning activities include planning, utilization and control of space utilization.
The third essence of the spatial planning aspect is the sustainability of spatial use in
supporting the livelihood of a region's inhabitants.

Since the Jokowi Government Cabinet, the arrangement of spatial arrangements is no

longer the concern of the Ministry of Public Works, but has moved on to the Ministry of
Agrarian Affairs and Spatial Planning. Based on Presidential Regulation No. 165/1954 on
the Arrangement of Tasks and Functions of the Working Cabinet, it is stated that the
scope of work of the Ministry of Agrarian Affairs and Spatial / National Land Agency
covers the implementation of tasks and functions in spatial and land affairs. In this case
the implementation of spatial and land affairs have been integrated in one institution.
This is a major advance in the process of stewardship and land use in Indonesia.

While relating to Forest Zone, the regulation is more directed to the existence of forest
area within a region is part of the space of the province and the regency / city
concerned so that the spatial planning policy of the provinces and districts / cities will
give wide implications for the existence of the forest area. Achieving sustainable
alignment of space utilization requires a directive in the form of a national spatial policy
and shall be applied in the form of national legislation or binding international
agreements or conventions. In Indonesia, the first law (Act) governing spatial planning
is Law no. 24 of 1992 on spatial arrangement, followed by various rules of
implementation either in the form of government unity (PP), presidential decree /
regulation, ministerial decree / regulation, regional regulation, or lower regulation. In
2007, Law no. 24/1992 was changed into Law no. 26 of 2007 on Spatial Planning. The
development of spatial planning in Indonesia has not been followed by a special legal
review; if any, the solution is still fragmented, partial, and not completely intact.

The existence of regional autonomy and the provision of freedom to the regions to
regulate their own region in terms of administration, operations and others are seen as
a good policy step. However, when viewed from the point of spatial arrangement, this
is just beginning to bring new problems. For example, much of the land is damaged by
the use of forest by HPH / IUPHHK holders, both natural and plantation forest and it
encourages the local government to change the function of the forest area. Actually,
the implementation of spatial arrangement of forest area is regulated by Law no.
41/1999 on Forestry which is better known as "Forest Land Use Arrangement (TGHK)".
The spatial layout of the province (RTRWP) as a whole in its implementation is
regulated in Law no. 26/2007, which includes regulation of forest area. It is therefore
necessary to have a harmonization or association between UU 41/1999 (TGHK) with UN
Number 26/2007 (RTRWP), both in terms of implementing regulations below and
detailed in implementation. Enactment of Law no. 26/2007 and PP no. 26/2008 on the
National Spatial Plan has encouraged all provinces in Indonesia to make RTRWP
(revised) adjustments. This is triggered by the provision of the deadline for the
completion of the revised RTRW for 2 years for RTRWP and 3 years for RTRWK since
the enactment of Law 26/2007 dated April 26, 2007. Therefore, the study related to
spatial planning process and forest area is very necessary, especially in assessing the
extent to which the existing policy can address all the problems in the process of
paduserasi forest area (mechanism, procedures, and requirements in the process of
changing the function of forest area) as well as in the implementation of the regulation.

III. Forest and Land Tenure Issues in Regulatory Practices

The control of the lands within the forest area is under the authority of the Ministry of
the Environment and Forestry (KLHK) and the outside lands are under the authority of
the National Land Agency (BPN). This fact has implications for the inequality of legal
certainty of land tenure within and outside the forest area. Outside the area, it is
possible to grant land certificates (private ownership) while in the area is not possible
because of the assumption that the forest land is controlled by the state (in this case
the MoF). The only legality of the people to use the land in the forest area is through
forestry permits. Although permits are often referred to not as permits for land use, but
permits to use forest resources on them, in some cases this is undeniably a form of land
use permit. Permit for utilization of plantation forest where permit holder can plant
forest area is also permit to exploit the land.

The practice of dualism of land administration has so far added the Ministry of
Forestry's burden and complicated the land administration in Indonesia. KLHK must
take care of the land within the forest area, which in fact is the authority of BPN. On
the contrary, this condition limits the authority of KLHK to manage forest management
which is located above the lands outside the forest area, but has not been established
as a local people forest right.

Forest management on land located in Other Use Areas (APL) location, is not available
to MoF but to Local Government (Pemda). This causes the principle of integration in the
implementation of forestry as mandated by Law no. 41 of 1999 on Forestry is not
fulfilled. We recognize that legal and policy instruments related to land and forest
tenure are available. However, this tool still has not been able to thoroughly provide
tenure security to the government, in this case the MoF and other ministries,
communities and holders of forestry business permits and other permit holders.
Similarly, there is no integrated legal and policy framework related to land and forest
tenure.

The integration of this legal framework is a recommendation of the International

Conference on forest tenure and governance and entrepreneurship in Lombok, 11-15
July 2011. Changes and improvements are needed to refine existing laws and policies
with a view to: Strengthening the legality of forest areas; Strengthen the right of all
parties to the forest area; Creating an effective system for accelerating forest area
empowerment; and Encourage the establishment of an integrated policy in the control
of land and forest areas and the coordination of authority between sectors related to
land and forest tenure (Safitri, 2016).

IV. Critical Framework for Solving Land Tenure and Forest Problems

In Law No. 41/1999 on Forestry, in Article 5 paragraph 3 of Law no. 41 of 1999 stated
that the determination of forest status carried out by the government. The government
referred to here is the central government (Article 1 number 14 of Law No. 41 of 1999).
In Government Regulation No. 44/2004 on Forestry Planning in Article 15 stated that
the establishment of forest areas is carried out by the Minister (in this case the Minister
of LHK.
 Legislative Institute
(Law and Regulation)
The interest

National Level
Sect E& F Sect ASP
Sumber Daya
Hutan/Kws
hutan
Sect Crop
Regional Sektor Trans
Agr
/District Level

Private/ CSO/NGO Costumary/L

Corporati ocal
on Community

Plan of Land and Forest Practical Use of land Monitoring dan

Use and foret Evaluation

Integration of policy,
institional, technical,
management,
politics,economy, social
cultural

Figure 1.Critical framework of overlap and conflict of interest between sectors on Land
and forest use

With this provision, the authority to determine forest area is only in the hands of the
Minister of Forestry, not in the hands of the central government. Compared with the
Agrarian Basic Law number 5 of 1960 Agraria (UUPA), it will be contradictory to Article
19 of the BAL concerning land registration where the Land registration is carried out by
the National Land Agency (Badan Pertanahan Nasional / BPN).`
The main problem is a state forest area may be recognized by the state first, without
involving other parties, especially local people who have been there first. This makes
the position of established forest areas can not be separated from the shadow of the
conflict in the future. What is stated in this Act then reaps dissatisfaction over not
explicitly explaining the status of customary forest. The argument presented is that
there are indigenous and tribal peoples who have remained in the forest area even
before the Unitary State of the Republic of Indonesia stands.

The completion of the forest estate confirmation does not mean the legal issue is
complete. The legal basis for MoF to control land within state forest areas should be
provided. In this case Article 2 paragraph 4 of the BAL provides the legal basis for
granting management rights to government agencies to control the land. The practice
of land administration dualism has so far added to the Ministry of Forestry's burden and
complicated the administration of land in Indonesia. Kemenhut should take care of the
land in the forest area, on the contrary this condition limits the Ministry of Forestry's
authority to manage forest management that is located above the lands outside the
forest area. Forest management above Other Use Areas (APL) is not available to MoF
but to Local Government.

V. Dynamic Condition of Land Tenure and Forest Problems: Cases inCentral

Kalimantan

Central Kalimantan Province as one of the world's tropical forest producers who are the
lungs of the world. Central Kalimantan has an area of 15,426,781 hectares where the
forest area is 12.7 million ha (82.45%). While the area of Other Use Areas is 2.5 million
ha and HPK (Conversion Production Forest) of 1.6 million ha. This is in accordance with
the regulation of 5/2015 on RTRWP with reference to Permenhut No 529/2012 (West
Kalimantan Forestry Service, based on SK Menhut 529/2002.

In detail it can be seen in the following table:

 No.zone Area Percentage
1. Production Forest (HP) 3.8 million 25.16%
2. Conversion Production Forest (HPK) 2.5 million 16.49%
3. Limited Production Forest (HPT) 3.3 million 21.5%
4. Conversion Forest (HK) 1.6 Million 10.57%
5. Protection Forest (HL) 1.3 Million 8.73%
6. Other Use Areas (APL) 2.5 Million 16.67%
7. Water 0.8 Million 0.87%

In relation to the process of licensing of oil palm plantations, the authority of the
Provincial Government is still limited to only technical considerations in the form of a
Governor's Permit. In relation to the use of forest areas for the non-forestry sector, the
permits granted are more than 3,934,963.00 ha. In Central Kalimantan Province, there
are 282 oil palm plantation plantations (IUP) within a forest area of 3,934,963.00 Ha
spread across 15 districts / municipalities (Kemenhut, 2012). The proliferation of
unprocessed areas in Central Kalimantan is one of the result of many plantation
business permits from regents / governors suspected to be in forest areas, according to
Hartoyo (2011) in Setiawan et al (201) as an indication of corruption in the granting of
plantation business permits. in the field, many overlap and the paduseration process is
not completed.At that time there is KPP / KPL area which is the same as APL, but then
exit Kemenhut regulation stating that the area is forest area (Permenhut No 529/2012).

The overlapping of permit for oil palm plantation development within the forest area is
allegedly caused by the existence of inconsistency between Law No. 41 of 1999 on
Forestry with Law Number 26 of 2007 on Spatial Planning, in which the Ministry of
Forestry refers to the Decree of the Minister of Agriculture Number 759 / Kpts / Um /
12/1982 dated October 12, 1982 on the Appointment of Forest Areas in the Provincial
Region of Dati I Central Kalimantan which is commonly called Forest Land Use
Agreement (TGHK) while the Regional Government in Central Kalimantan refers to the
Provincial Spatial Planning (RTRWP) Number 5 of 1993 which is a follow up of Law
Number 24 Year 1992 on Spatial Planning, ten years later the Central Kalimantan
Provincial Government again issued RTRWP which was confirmed by Local Regulation
No. 8 of 2003 on RTRWP.

For that many areas of palm oil plantation which initially is a forest area, the problem is
then accommodated through the mechanism of forest area release. Nationally, the
extent of forest land release for oil palm plantations compared to other commodities is
the largest with an area of 5,572,684 ha. Thus, the appeal of oil palm plantation
business development that has become a pressure on the forest area is increasing,
resulting in many conflicts between parties such as communities, companies, local
governments and national. But not necessarily the outbreak of oil palm plantations in
central Kalimantan which is the cause of deforestation.
The rise in the price of palm oil in global markets will suppress the expansion of oil
palm both communities and palm oil companies. The political economy of palm oil
depends on world market conditions, especially derivative products produced from palm
oil now about 140 kinds of products. While pressures on forests continue to rise, on the
other hand, developing wild palm oil should be sought.

6,000,000
5,572,684

5,000,000

4,000,000

3,000,000

Total

2,000,000

1,000,000

182,998 131,676 218,101

117,874
9,174 1,112 920 7,740 2,714 758
-

Figure 3. The release of forest land for plantations per commodity until October 2017

Currently, in the province of Central Kalimantan there are 169 units of oil palm
plantations that have been operational and extensive planted as much as 1.336 000 ha.
From the extent of oil palm plantations in the province of Central Kalimantan is in the
3rd position under the provinces of Riau and North Sumatra. While the number of
plasma in Central Kalimantan, until now has not reached 20%. This plasma-related
companies have a view that the obligation to build 20% of plasma is for companies
whose license is above the year 2007. So for companies that stand before that year
have no obligations.

Viewed from the side of the development of oil palm plantation industry, there are 169
units of large companies that are not yet operational in Central Kalimantan. The
company has not operated due to several things including: there is no land acquisition,
and the process of permit is not yet complete. If so far, permits from palm oil
companies that cross-district actually do not exist, but more because of the impact of
the expansion of the region so that the cross-district. If for three years there is no
development then the permit can be revoked. The Bupati can propose revocation. The
problem so far is often the regent does not provide accurate data to the governor.
Regents often issue permits without BPN technical considerations.

In kalteng, community gardens are generally located in forest areas except

transmigration areas that have received certificates or smallholdings. Therefore, this
problem must be solved through RTRWP settlement. The difficulty of oil palm plantation
in the forest area can be seen from the condition where if you want to make a parent
plantation of 30 ha just have to release the forest area temporarily if the plasma garden
managed by companies that have big fund. Plantation revitalization program a few
years ago but was unsuccessful due to land legality problem and most of which were
570 ha of transmigrant communities. For local people not get the benefits because they
are considered not yet qualified, especially from the legality aspect of the land.

The weakness of LHK ministry is prior to the establishment or confirmation process and
only based on the information on the map, but in the field is not clear. So it should be
laid out so that the boundary in the field is clear. Problems arising from the exchange of
areas, ie reserves for forested areas and exchange mechanisms require at least one in
one. To find the location of this exchange is very difficult. The mechanism of exchange
or discharge of the process is necessary to be proposed to the central government
(KLHK). There needs to be an integrated team from Universities, LIPI etc. and this
takes a long process. To overcome the already accommodated with the existence of PP
No 60/2012 which is now replaced with Government Regulation No. 104/2015. So it is
not entirely overlapping the problem in the palm oil plantation sector but some are also
there terlluran.
Recorded several cases tenurial include: 1) there is a HGU outside the location permit
and how the legal aspects; 2) there is a replacement area but another license has been
issued. There seems to be no synergy between the provincial and district governments.
Once the procedure is met both release and exchange, then the demand for 20% of the
area for the community garden or plasma is fulfilled; 3) when there is a determination
for the plasma plantation but the village does not exist or the person does not exist.

According to the Head of BPN of Central Kalimantan Province, there are several types of
land rights as set forth in Article 16 of the Basic Agrarian Law. In the HGU there is
stipulation, extension and granting of rights in general. In relation to the cancellation of
rights, it may be possible if the process is legally flawed. HGU is to cultivate state-
controlled land for a period of time. Individuals may apply for a minimum HGU of 5 ha
and a maximum of 25 ha. Legal entities can also propose small areas. As for the
duration of permit, the first for 35 years and can be extended 25 years according to
article 8 PP no 40/1996. The old rule regulates that there is grant and extension of HGU
for a total period of 85 years, but currently HGU can be given for 35 years to then
evaluate and reconstruct the plantation.

In relation to the obligations of HGU holders, HGU license holders are obliged to pay
BPHTB when their rights have already been exhausted and carry out the business
according to the designation. Other obligations of plantation companies include
maintaining soil fertility, maintaining the preservation of their gardens and submitting
written reports annually for the utilization of HGU. If the land of the concession is not
utilized for three years then referring to Government Regulation No 11, the land
becomes abandoned land. The concession holder is then required to give up his rights
after the land is not managed or the land is destroyed. In addition, the land can also be
revoked for public use and the land is destroyed.
Up to 2015, HGU in Central Kalimantan is 128 SK HGU with an area of 776,328 ha; then
in 2016 as many as 146 HGU with an area of 876,000 ha and in 2017 increased by 159
HGU with an area of 800 thousand hectares. The problems encountered in the licensing
of HGU are: 1) the issuance of Presidential Decree 10/2011 concerning postponement
of licensing of oil palm plantations on peatlands, 2) there are still many areas requested
for HGU within the forest area; 3) the existence of overlapping permits within one area,
4) unclear administrative boundaries.

VI. Conclusions and Recommendations

1. Central Kalimantan until 2012 is one of the provinces that have not completed Spatial
Planning, one of the causes because there is no matching between the spatial layout of
forestry with spatial Province of Central Kalimantan.IImplikasi from the absence of a
harmonious match between forestry spatial layout with spatial Central Kalimantan
province is the occurrence of conflicts in the use of space, where the use of non-
procedural forest areas for oil palm plantations in forest areas in Central Kalimantan
Province as many as 282 units of oil palm plantation of 3.9 million hectares. The effort
to solve the problem of the use of forest area for oil palm plantation in Central
Kalimantan Province was undertaken with the revision of policy on the change of forest
function of PP number 60 year 2012 which gives opportunity for oil palm plantation
which is based on Forestry Law inside forest area but based on RTRWP Central
Kalimantan Province in the APL area and cultivation, is given the opportunity to take
care of its permission Setiawan, EN (2017).

2. The widespread extent of oil palm plantations within the forests of Central
Kalimantan province is the result of weak coordination and integration of policies and
institutions between the Environment and Forestry Sectors, the Agrarian and Spatial
Sectors and their implementation at the provincial and district levels in the absence of a
proposal for Spatial Planning The provincial territory unuk increase the number of APL
area, weak coordination of licensing between the Central Government and Provincial /
District Government both on the farm level (on farm, oil palm plantation) and
downstream (off-farm, CPO processing plant) Local Government), plantation business
permit (DGP), Hak Guna Usaha certificate in forest area and permit of forest area
release.
a. Tenurial conflicts
The development of the number of oil palm plantations as above in the field level raises
the problem of the existence of local communities (indigenous people) such as: the
community becomes hungry because the land has no rights to land, the increasing
number of unemployed and poor people. Uncontrolled conditions in the field require
government concern.

b. Inter-agency tenure policies vary widely

Tenure policies among government agencies appear to be running on their own. The
boundaries between forest areas and non-forest land types can not be fully understood
/ understood by the community. The economic value and market price of CPO
encourages people to plant oil without control over other commodities such as rubber,
chocolate, coffee etc.

c. Weak inter-sector coordination (RTRW, Agrarian and Forest Law)

Spatial policy conflict in Central Kalimantan Province caused by difference of reference
in Spatial Decree between Minister of Agriculture Decree Number 759 Year 1982
regarding Forest Utilization of Agreement (TGHK) (based on Law Number 41 Year 1999
regarding Forestry) with Local Regulation Perda) No. 8 of 2003 on Spatial Planning
(RTRWP) of Central Kalimantan Province based on Law Number 26 Year 2007 on
Spatial Planning (Setiawan, EN, 2017).

3. Conflicts over palm oil and overlapping land use due to the attractiveness of the
three Laws / Regulations Law 26/2004 on Spatial Planning, Law 5/1960 on Agrarian
Mainstreaming and Law No. 41/1999 on Forestry. Implementation of the regulation is
not coordinated, not integrated and not synchronized between the three main
stakeholders, namely the Ministry of Agriculture and Spatial Planning (ATR) and the
Ministry of Environment and Forestry (LHK) both at the central level and the Regional
Government (Provincial and District / City) under the coordination of the Ministry of
Home Affairs This can be seen from the HGU issue of oil palm plantations within the
forest area due to changes in regulations and policies at the respective ministry level In
order to overcome the settlement of oil palm plantations in the forest area there are
several alternative options policies to address them, including:

a. Exchange Policy Changing forest area (Permenhut 32/2010 or PermenLHK 27/2014)

with non-forest area or APL. The disadvantage is that it is difficult to find areas outside
the forest area, especially in Central Kalimantan most of the land area of about 82% is
included in the forest area so it is difficult to get forest area replacement. The
Governor's proposal to change the spatial plan of Central Kalimantan area of 45% of
the forest area in the context of the Spatial Layout of the Province of Central
Kalimantan has not been approved by KLHK, then the problem can not be resolved.
While the portion of 20 percent for the local community from the cleared forest area is
unclear and should be reinforced with evaluation and supervision in the field.

b. Implementation of TORA Policy (Land Object of Agrarian Reform), as one of

alternative settlement as regulated in Presidential Regulation No: 88 Year 2017 on
Settlement of Land Control in Forest Estate. PP 88/2017 is a long wait for the
stagnation of the Four Minister's Joint Regulation on Procedures for Settlement of Land
tenure within the Forest Estate (Perber). Perber, born in October 2014, binds the
Ministry of Forestry, the Ministry of Home Affairs, the National Land Agency and the
Ministry of Public Works to resolve conflicts within forest areas. However, because
Perber's legal status position is considered less powerful, the Ministry of Environment
and Forestry proposes to raise the status of Perber into a Presidential Regulation.
Especially for smallholders, there are palm oil sites in forest areas not included in the
allocations set forth in TORA. Whereas, the community really expects the area as an
object of TORA. However, there are disadvantages in this regard, because there are
fears that the land will move hands or be transferred (excluded) to other parties,
especially to the investors or the extension of the financiers. Therefore, it is necessary
for the role of institutional party of Village Government (PEMDES) or Local Government
(PEMDA) to monitor it in the field.

c. Implementation of the Social Forestry Program (PermenLHK 83/2016). The program

of Social Forestry itself aims to improve the welfare of the community through the
pattern of empowerment and still be guided by the aspects of sustainability. The Social
Forestry Program will open opportunities for communities around the forest to propose
forest management rights to the government. Once approved, communities can
cultivate and benefit from forests in eco-friendly ways. The weakness is, for the level of
the local community (smallholders), it is easy to implement because usually the area of
forest being cultivated is relatively small so that the community is very easy to adjust
with the program of Social Forestry. Meanwhile, if the area into the forest area is
included in the private plantation area (corporation), it will be difficult to adjust to the
Social Forestry program and the community as the perpetrator in the Social Forestry is
also not necessarily interested to participate in the Social Forestry program of the
corporation.
d. MenLHK Regulation no. 84 / Menlhk-General Secretariat / 2015 on the Handling of
Tenurial Conflict in Forest Areas; guideline of KLHK in resolving conflict of PermenLHK
84 / Menlhk-Setjen / 2015 on handling of tenure conflict in forest area. So if there is a
plant oil, after the identification process, and verification if the age of 3 years and under
must be destroyed but if the age is more than 3 years, then until half the cycle. So in
the settlement of oil palm forest in the forest first through the social forestry and
second through law enforcement.

c. At the end of this paper, it is wasted to the parties, especially the Ministry of
Environment and Forestry, the Ministry of Agrarian and Spatial Planning, the Central
Kalimantan Provincial Government as the Provincial Governor and the Head of Region /
Regent in Central Kalimantan Province coordinate, integrate and synchronize in
managing, managing, maintaining and supervising them professionally, transparently,
openly and participatively in the lands and forest areas so that the land remains
productive and can improve the economic resilience of indigenous peoples and local
communities.

References

Syahadat, Epi dan Subarudi, 2012. Permasalahan Penataan Ruang dalam Kawasan
Hutan. Jurnal Analisis Kebijakan KehutananVol. 9 No. 2, Agustus 2012 : 131 –
143. PUSPIJAK. Bogor.

Sitorus, LPM, Dkk., 2016. Pembuatan Peta Zona Nilai Tanah Berdasarkan Harga Pasar
dengan Metode Pendekatan Penilaian Massal di Kecamatan Mijen Kota
Semarang.TesisJurnal
GeodesiUndip.Semarang.https://ejournal3.undip.ac.id/index.php/geodesi/article
/view/10607.https://www.academia.edu/24828428/Integrasi_Urusan_Tata_Rua
ng_dan_Pertanahan

Mulyanto, Budi (2015). Tanah Terlantar : Penertiban dan Pendayagunaannya Untuk

Landreform. Seminar Nasional Reforma Agraria PSEKP. Bogor

Subekti dan R Tjitrosudibio, 2017. Hukum Agraria : Pengertian

Agraria.http://kampushukum.com/hukum-agraria-pengertian-agraria/

Sutaryono, 2015.Tantangan KelembagaanDalamImplementasi Kebijakan Penataan

Ruang.Sekolah Tinggi Pertanahan Nasional Yogyakarta. Email:
taryo_jogja@yahoo.com www.manajemenpertanahan.blogspot.com

Kemenhut 2012a, Perkiraan Kerugian negara akibat pembukaan kebun dan tambang di
kawasanhutan. Jakarta. Kemenhut 2012b, Statistik Bidang PlanologiKehutanan
Tahun 2011. Jakarta.

Kemenhut 2012c, Statistik kehutanan indonesia. (D. P. K. H. Sub Direktorat Statistik

dan JaringanKomunikasi Data Kehutanan, Ed.). Jakarta: Direktorat jenderal
Planologi Kehutanan.

Setiawan, EN, 2017. KONFLIK TATA RUANG KEHUTANAN DENGAN TATA RUANG
WILAYAH (Studi Kasus Penggunaan Kawasan Hutan Tidak Prosedural untuk
Perkebunan Sawit Provinsi Kalimantan Tengah).
https://www.researchgate.net/publication /318511982