Minister Sofyan's Statement To The Ministry Of LHK Asking The National Land Agency To Report When Moving Forest Boundaries Is Misleading

Minister of ATR/BPN Sofyan Djalil during a working meeting with Commission II DPR, Senayan (ANTARA PHOTO/GALIH PRADIPTA)

JAKARTA - The statement from the Minister of Agrarian and Spatial Planning (ATR)/Head of the National Land Agency (BPN) Sofyan Djalil regarding forest boundaries is considered misleading. Due to the fact that what often happens in the field is that the National Land Agency (BPN) dares to issue a letter or certificate in a forest area, without first checking the status of the area.

''Certificates dare to be issued even in forest areas, without checking whether the area is APL (Other Designated Areas) or not, and that is generally the problem for oil palm plantations,'' Paradigm Director Riko Kurniawan quipped, Sunday, February 20.

The statement by the Minister of ATR/BPN in Commission II of the Indonesian House of Representatives asking the Ministry of Environment and Forestry (KLHK) to immediately report to BPN regarding the transfer of forest boundaries, is also considered inaccurate. Sofyan was deemed necessary to further examine the performance of his staff in the regions, before making statements that contradicted his fieldwork and colleagues at the Ministry, which could actually undermine the authority of the government.

''Forest boundaries must be made with the involvement of members or teams from the Ministry of ATR. This boundary issue is also not just a matter of drawings on working papers, but also includes social and community affairs which are the responsibility of the Regional Government. So the statement from the Minister of ATR/BPN regarding the forest boundary is only in the KLHK, I think it is misleading,'' said Riko.

Moreover, if it refers to the rules, even if the certificate is issued when the area is APL based on a map of the provincial forest area, then if later the location is turned into a forest area (it could be due to boundary demarcation or because of the proposed RTRWP), then the boundary changes can be made.

''It can be removed from the forest area and returned to APL. It's a written rule and there shouldn't be a problem. It's just a matter of proving whether the certificate is issued when the location is in a forest area or not,'' said Riko.

Thus, according to Riko, what was conveyed by the Minister of ATR/BPN in Senayan, was clearly not quite right with the actual situation on the ground. Even if there are cross-ministerial problems, ethically the bureaucracy is considered inappropriate to 'throw stones and hide hands'.

''Because often the problem with this boundary is the Ministry of ATR/BPN. As in Tesso Nilo National Park, there were several parcels of land certificates that were revoked because they were given by BPN regardless of the status of the conservation area, eventually, the land certificates were taken back and made into a conservation area again. The incident of issuing certificates in forest areas clearly creates a tenure conflict,'' said Riko

The Ministry of ATR/BPN is encouraged to cooperate with the Ministry of Environment and Forestry to resolve administrative overlapping boundaries, in accordance with applicable laws and regulations, while still prioritizing bureaucratic ethics among government officials.

"Rather than just blaming fellow ministers, it would be better if we collaborated to solve various land issues which are still a heavy homework for Jokowi's government," concluded Riko.