Inpres Penghentian Pemberian Izin Baru: Butuh Lompatan Besar

The permanence of the moratorium through Presidential Instruction (Inpres) No. 5/2019 is seen as a step forward, but it remains insufficiently robust. The policy still excludes secondary natural forests and leaves room for deforestation through various permit exemptions. Yayasan Madani urges the government to take stronger and more comprehensive measures to protect all remaining natural forests and peatlands, supported by a firmer legal foundation, greater data transparency, and thorough permit evaluation.

23 Agustus 2019

[Jakarta, 22 August 2019] The Government of Indonesia has made permanent its policy of suspending new permits in primary natural forests and peatlands by transforming the moratorium into a halt on new permits through Presidential Instruction (Inpres) No. 5/2019. According to the government, this policy is one of Indonesia’s main instruments to reduce deforestation, which it claims has declined by 20 percent since the moratorium was introduced, and by 38 percent if calculations are limited to areas covered under the Indicative Map for the Suspension of New Permits (PIPPIB).

The halt on issuing new permits is indeed a step forward. However, after eight years of implementation—from 2011 until its permanence in 2019—there has been no meaningful strengthening in terms of coverage or the level of protection for Indonesia’s remaining forests and peatlands.

“More than baby steps are needed to save Indonesia from environmental disasters and economic decline caused by natural resource destruction and the worsening impacts of climate change. What we need is a big leap forward—drastic action to protect all remaining natural forests and peatlands,”
said Muhammad Teguh Surya, Executive Director of Yayasan Madani Berkelanjutan.

Primary Forests Only, While Secondary Forests Remain at Risk

In reality, Inpres No. 5/2019 still limits protection to primary forests only. Yet, achieving Indonesia’s climate commitments requires safeguarding carbon-rich secondary natural forests that support biodiversity and sustain the livelihoods of Indigenous Peoples and local communities.

Government data shows that of Indonesia’s 43.3 million hectares of secondary natural forests, only 13.1 million hectares are protected because they fall under conservation or protection forest status. The remaining 30.2 million hectares remain vulnerable to deforestation through new permits.

Of these, 9.2 million hectares are particularly at risk, as they are located in Convertible Production Forests (HPK) (3.8 million hectares) and Other Land Use Areas (APL) (5.4 million hectares), which can be allocated for conversion at any time.

PIPPIB Map Remains Temporary and Continues to Shrink

Another troubling fact is that the forest and peatland areas protected under PIPPIB have not been made permanent. The map will still be revised every six months, meaning protected areas can expand or shrink—although the long-term trend has been a steady reduction.

Between 2011 and 2018, PIPPIB coverage decreased by approximately 3 million hectares, with no complete explanation provided to the public. Such large-scale reductions may occur again in the future.

Overlaps with Palm Oil Concessions

Madani’s preliminary analysis indicates that palm oil plantation areas overlap with the latest PIPPIB Revision XV in 23 provinces, including Aceh, Riau, Papua, Kalimantan provinces, and others, covering a total area of 1,001,182 hectares.

Madani urges the government to open space for discussion and verification of these findings.

“Inpres No. 5/2019 also contains numerous exemptions that weaken forest and peatland protection. These exemptions continue to grow in number and scope, while the legal basis remains limited to a Presidential Instruction,”
said Teguh Surya.

Inpres does not carry binding legal consequences if ignored and lacks enforceable authority.

One of the most damaging exemptions is the continued allowance for permits that received “principle approval” or exploration permits granted prior to 20 May 2011, as well as the renewal of existing forest utilization licenses.

“This principle approval clause should have been removed after more than eight years—not expanded to include exploration permits,”
Teguh added.

Lack of Strong Instructions for Permit Review and Law Enforcement

The President has yet to issue clear and firm instructions to conduct comprehensive permit reviews and strengthen law enforcement. For years, these steps have not been completed, costing Indonesia trillions of rupiah due to weak forest governance.

Nine Key Steps for Stronger Forest and Peatland Protection

Madani calls on the President to take the following strategic actions:

  1. Protect the most threatened secondary forests and include them under the scope of Inpres 5/2019.

  2. Establish a collaborative monitoring mechanism involving civil society, academia, and interest groups, including in the six-month PIPPIB revision process.

  3. Review permits that received principle approvals and exploration permits before May 2011, involve the Corruption Eradication Commission (KPK), and remove this exemption.

  4. Mandate a full permit evaluation based on legal compliance and sustainability requirements, in line with KPK recommendations.

  5. Harmonize forest and peatland regulations under the leadership of the Ministry of Law and Human Rights with meaningful civil society participation.

  6. Improve public access to data and information, especially spatial data on forest cover, permits, and reasons for changes in PIPPIB boundaries.

  7. Include the Minister of Energy and Mineral Resources among the instructed parties.

  8. Strengthen the legal foundation of this policy through a stronger regulation (e.g., a Presidential Regulation) or integrate protected areas into national spatial planning (RTRW).

  9. Explicitly include social forestry under the exemptions, as it is central to President Jokowi’s economic equity agenda and development priorities.

Media Contacts

Muhammad Teguh Surya
Executive Director, Yayasan Madani Berkelanjutan
teguh@madaniberkelanjutan.id | +62 819-1519-1979

Anggalia Putri Permatasari
Knowledge Management Manager
anggi@madaniberkelanjutan.id | +62 856-2118-997

Luluk Uliyah
Senior Communication Officer
luluk@madaniberkelanjutan.id | +62 815-1986-8887