KLHK is required to comply The Information Disclosure Bill.

KLHK is required to comply The Information Disclosure Bill.

Jakarta, June 10, 2015. A group of environmental organizations demanded the Ministry of Environment and Forestry (KLHK) to comply with the Information Disclosure Act in accordance with the decision of the public information dispute that was dropped by the Central Information Commission (KIP) on May 8, 2015. In the session KIP granted an information request by FWI and stated that certain types of information requested were open documents that must be publicly accessible. Instead of complying with the verdict of the trial, the MoEF objected to the KIP’s decision and filed an appeal to the Jakarta Administrative Court (PTUN) on May 29, 2015. KLHK has clearly ignored Law No. 14 of 2008 concerning Information Disclosure and also violated the government’s vision in carrying out transparency in governance as stated in Nawa Cita.

Community involvement in formulating, implementing, and supervising the implementation of a public policy is a key prerequisite for realizing good governance, as mandated in article 3 of Law No. 14 of 2008. In the document of objection submitted by KLHK to the State Administrative Court (PTUN-Jakarta), the KLHK argument again states that the data requested by FWI is confidential company data, so that the data is excluded. The data requested is in the form of forestry planning data such as RKUPHHK, RKTUPHHK, RPBBI and IPK. These data are very much needed to monitor the performance of forest exploitation which currently causes the destruction of natural resources and the many conflicts with local / indigenous communities.

Mardi Minangsari, Dinamisator JPIK stated “This is a step back from the Government in terms of transparency and transparency in forestry management. In fact, the Government has ratified international cooperation agreements with the European Union in timber trade, and specifically the cooperation supports full transparency in aspects of forest management (including the provision of data and information currently considered by the Ministry of Environment and Forestry as confidential). In addition, the Timber Legality Verification System in force in Indonesia regulates the existence of independent monitors who oversee the implementation of these rules and also guarantee access to public information for monitors. It is ironic if the Ministry of Environment and Forestry then reneges on the rules it makes itself.

Even though the KLHK has the right to appeal, this step is very unfortunate because there has been a precedent in the form of an Information Commission Decision with permanent legal force (No. 030 / I / KIP-PS-A-M-A / 2014). This step can actually be seen by the public that the MoEF is anti-information disclosure. “I am sure that the LHK Minister will be wiser and attract the appeal if he gets complete and objective information. The Minister of LHK is also expected to directly lead the policy of information disclosure within the Ministry of Environment and Forestry because it is related to the interests of many parties. Moreover, the Ministry of Environment and Forestry has also become a barometer for the implementation of environmental and forestry information disclosure in the regions, ”said the Director of ICEL Henri Subagiyo.

Teguh Surya, Greenpeace Forest Politics Campaigner stated, this is the second time this year KLHK has rejected requests for information related to forestry management, first a SHP file request and a second request for forest planning data. The reasons put forward also always dwell on company secrets (The argument repeatedly stated by KLHK recorded in FWI’s documentation during a follow-up session on information disputes between FWI and KLHK). “KLHK must stand above the public interest and not on the interests of the few entrepreneurs. The steps taken by KLHK are very contrary to the spirit of the National Movement for the Rescue of Natural Resources which was just signed by 27 Ministries and Institutions. The closeness that has been intensified by the Ministry of Environment and Forestry will actually open up the potential for increasing corruption. “

KLHK’s objection to the Information Commission’s decision is one proof of the still poor governance of Indonesia. In fact, the Ministry of Environment and Forestry locks access to data and information which has implications for the closed space of public participation in monitoring and monitoring forest planning and management. This incident shows how strong the KLHK’s alignments are with the company, rather than protecting the interests of the wider community. “We urge the Minister of KLHK to immediately prove the actualization of Nawa Cita (especially in the aspect of transparency) in the practice of forestry management. KLHK must revoke the objection to the Jakarta Administrative Court and immediately provide the information requested in accordance with the Central Information Commission’s ruling. If this fails, the KLHK proves that the Mental Revolution initiated by this government is only a jargon, “said Linda Rosalina, FWI Campaigner.

Editor’s Note:

  • The Timber Legality Verification Standard (SVLK) is a requirement to fulfill the timber legality / product made based on the agreement of forestry stakeholders which includes standards, criteria, indicators, verifiers, verification methods, and assessment norms.
  • The cooperation agreement between Indonesia and the European Union in Law Enforcement, Governance and Trade in the Forestry sector has been ratified through Presidential Regulation No.21 of 2014.
  • RKUPHHK (Work Plan for Timber Forest Product Utilization Business) is a work plan for all working areas of Timber Forest Product Utilization Permit (IUPHHK) for a period of 10 (ten) years, including aspects of forest sustainability, business sustainability, environmental balance and development aspects local socio-economic community. (Regulation of the Minister of Forestry of the Republic of Indonesia Number P.56 / Menhut-II / 2009 jo. P. 24 / Menhut-II / 2011; Regulation of the Minister of Forestry of the Republic of Indonesia Number P.62 / Menhut-II / 2008 jo. P.14 / Menhut-II / 2009).
  • The Annual Work Plan for Timber Forest Product Utilization (RKTUPHHK) is a work plan with a period of 1 (one) compiled based on RKUPHHK. (Regulation of the Minister of Forestry of the Republic of Indonesia Number P.56 / Menhut-II / 2009 jo. P. 24 / Menhut-II / 2011; Regulation of the Minister of Forestry of the Republic of Indonesia Number P.62 / Menhut-II / 2008 jo. P.14 / Menhut-II / 2009).
  • Plans for Fulfillment of Raw Materials for Timber Forest Product Primary Industry (RPBBI) are plans that contain raw material requirements and raw material supplies originating from legitimate sources and utilization / use of raw materials and production according to the permit capacity of forest primary primary industries and availability of guaranteed raw material supplies for a period of 1 (one) year which is a raw material supply control system. (RI Minister of Forestry Regulation Number P.9 / Menhut-II / 2012)
  • Timber Utilization Permit, hereinafter referred to as IPK, is a permit to cut timber and / or collect non-timber forest products as a result of non-forestry permit activities, among others, from production forest areas that can be converted and released, production forest areas by exchanging forest areas , use of forest areas with borrowing licenses to use, and from Other Use Areas that have been granted allocation permits. (RI Minister of Forestry Regulation Number P.62 / Menhut-II / 2014)
  • Regarding the issue of transparency over data and information, Nawacita is explicitly stated on page 17.

Media Contact: 

Linda Rosalina, FWI Campaigner
Email: linda@fwi.or.id; Phone: +62 8889044794

Mardi Minangsari, Dinamisator JPIK
Email: minangsari@gmail.com; Phone: +62 811111918

Henri Subagiyo, Director of ICEL
Email: henrisubagiyo@gmail.com; Phone: +62 81585741001

Tegus Surya, Greenpeace Forest Politics Campaigner
Email: tsurya@greenpeace.org; Phone +62 819 15191979

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