Cooperation Procedures for Nature Reserve and Conservation Area Management Under PERMENHUT 85/2014

Introduction

Indonesia's extensive network of nature reserves and conservation areas protects some of the world's most biodiverse ecosystems, harboring endangered species like orangutans, Sumatran tigers, and Javan rhinoceros. Effective management of these protected areas requires substantial financial resources, technical expertise, and sustained institutional capacity—resources that often exceed government capabilities alone. Peraturan Menteri Kehutanan Nomor P.85/Menhut-II/2014 (PERMENHUT 85/2014) establishes comprehensive procedures for cooperation in managing nature reserve areas (kawasan suaka alam/KSA) and nature conservation areas (kawasan pelestarian alam/KPA).

This regulation provides legal frameworks for partnerships between government authorities and various stakeholders including non-governmental organizations, private sector entities, research institutions, and local communities. By enabling collaborative management approaches, PERMENHUT 85/2014 seeks to enhance conservation effectiveness, mobilize additional resources, leverage specialized expertise, and build broader societal support for protected area conservation.

Issued in 2014 and published in State Gazette (Berita Negara Republik Indonesia) Year 2014 Number 1446, the regulation was subsequently amended by Permen LHK No. P.44/MENLHK/SETJEN/KUM.1/6/2017 (published in State Gazette Year 2017 Number 1012), reflecting evolving conservation management practices. This article examines the regulatory framework, partnership mechanisms, authorized cooperation activities, and implications for Indonesia's conservation governance.

Legal Foundation and Conservation Area Categories

PERMENHUT 85/2014 implements provisions of Law No. 5 of 1990 on Conservation of Living Natural Resources and their Ecosystems (UU 5/1990) and Law No. 41 of 1999 on Forestry (UU 41/1999), which establish the legal basis for Indonesia's protected area system. The regulation further implements Government Regulation No. 28 of 2011 on Management of Nature Reserve and Nature Conservation Areas (PP 28/2011), which was subsequently amended by PP 108/2015.

Indonesian law distinguishes between nature reserve areas (KSA) and nature conservation areas (KPA), each with distinct conservation objectives and permissible activities. Nature reserve areas include strict nature reserves (cagar alam) and wildlife reserves (suaka margasatwa). These areas maintain the highest level of protection, prohibiting most human activities except scientific research under strict permits. The primary objective is preserving natural ecosystems and wildlife populations in undisturbed conditions.

Nature conservation areas encompass national parks (taman nasional), grand forest parks (taman hutan raya), and nature tourism parks (taman wisata alam). These areas permit controlled public access for education, recreation, and nature tourism while maintaining conservation functions. National parks integrate ecosystem protection with sustainable tourism and environmental education, following international protected area management standards.

The management authority for these areas rests primarily with the Ministry of Environment and Forestry through its Directorate General of Nature Resources and Ecosystem Conservation (KSDAE). For certain grand forest parks and nature tourism parks, provincial governments may hold management authority under delegated arrangements.

PERMENHUT 85/2014 recognizes that effective conservation area management requires resources and capacities beyond what government agencies alone can provide. Financial constraints limit infrastructure development, patrol frequency, and staff capacity. Technical expertise in specialized fields like wildlife veterinary care, ecological monitoring, and community-based conservation may be lacking. Public awareness and support for conservation require sustained outreach and education efforts.

The regulation therefore establishes cooperation mechanisms enabling external partners to contribute financial resources, technical expertise, infrastructure development, and community engagement while ensuring that ultimate management authority and conservation objectives remain with government authorities.

Eligible Partners and Cooperation Forms

PERMENHUT 85/2014 identifies various categories of eligible cooperation partners and defines permissible cooperation forms, establishing a structured framework for conservation partnerships.

Eligible partners include non-governmental conservation organizations with demonstrated technical capacity and financial sustainability; private sector entities including ecotourism operators, corporate foundations, and businesses seeking to fulfill environmental responsibility commitments; research institutions and universities conducting conservation-related studies; local communities residing in or adjacent to conservation areas; and international organizations with conservation mandates and experience in protected area management.

The regulation emphasizes that potential partners must demonstrate technical competence in conservation management, financial capacity to fulfill cooperation commitments, and alignment with government conservation objectives. Partners with histories of environmental violations or unsustainable natural resource exploitation face exclusion from cooperation arrangements.

Cooperation may take several forms. Technical cooperation focuses on knowledge transfer, capacity building, and specialized expertise provision. Examples include wildlife monitoring programs, ecological research collaborations, staff training in protected area management techniques, and development of management planning tools. These partnerships leverage partners' specialized technical capacities to enhance management effectiveness.

Financial cooperation involves partners providing monetary support for conservation activities, infrastructure development, or operational costs. Financial contributions may be directed toward specific projects like ranger post construction, patrol vehicle procurement, or wildlife corridor restoration, or may support general operational budgets subject to agreed allocation criteria. The regulation requires transparent financial reporting and accountability mechanisms for all financial cooperation.

Infrastructure cooperation enables partners to develop visitor facilities, research stations, ranger posts, or other physical infrastructure supporting conservation objectives. Infrastructure developed through cooperation arrangements typically becomes government property upon completion, though partners may receive operational rights for specified periods, particularly for tourism facilities generating revenue.

Community development cooperation addresses livelihood needs of communities adjacent to conservation areas, recognizing that conservation success depends partly on local community support. Partners may implement alternative livelihood programs, sustainable agriculture initiatives, environmental education, or capacity building for community-based natural resource management. These programs aim to reduce community dependence on conservation area resources while building conservation awareness.

Nature tourism cooperation allows private operators to develop and operate ecotourism services within designated zones of national parks and nature tourism parks. These partnerships generate revenue supporting conservation while providing employment and economic benefits. The regulation specifies that tourism activities must align with conservation objectives, avoid environmental degradation, and include benefit-sharing with local communities.

Application Procedures and Approval Requirements

PERMENHUT 85/2014 establishes detailed procedures for proposing, reviewing, and approving cooperation arrangements, ensuring that partnerships advance conservation objectives while maintaining appropriate government oversight.

Prospective partners must submit comprehensive cooperation proposals including organizational profiles demonstrating technical and financial capacity; detailed descriptions of proposed cooperation activities and their conservation benefits; implementation timelines and milestones; budget projections and funding sources; environmental impact assessments for activities involving physical infrastructure or significant visitor numbers; community consultation documentation for projects affecting local communities; and risk management plans addressing potential negative impacts.

The Ministry conducts multi-stage review of cooperation proposals. Initial screening verifies that proposals meet basic eligibility criteria and contain required documentation. Technical review teams assess whether proposed activities align with conservation area management plans and conservation objectives. Field site assessments evaluate proposed activity locations and potential environmental impacts. Stakeholder consultations gather input from conservation area management units, local governments, and affected communities.

Proposals meeting all requirements proceed to approval, with approval authority varying based on cooperation scope and significance. The Director General of KSDAE approves most cooperation arrangements within national parks and nature reserves. Larger or more complex partnerships, particularly those involving substantial infrastructure development or long-term concessions, require Ministerial approval. Provincial governors approve partnerships in provincially-managed grand forest parks and nature tourism parks.

Approved cooperation arrangements are formalized through cooperation agreements specifying parties' rights and obligations, cooperation duration and renewal conditions, performance indicators and monitoring mechanisms, benefit-sharing arrangements where applicable, dispute resolution procedures, and termination conditions for non-performance or violation of terms.

Cooperation agreements typically span three to five years with options for renewal based on performance evaluation. Longer terms may be granted for partnerships requiring substantial infrastructure investments, providing partners with sufficient time horizons to realize returns on their contributions.

Activity Authorization and Conservation Safeguards

PERMENHUT 85/2014 specifies authorized activities under cooperation arrangements while establishing safeguards preventing partnerships from compromising conservation objectives.

In strict nature reserves and wildlife reserves, cooperation activities are limited to scientific research, ecological monitoring, wildlife population surveys, habitat restoration, invasive species control, and fire prevention and suppression. Tourism and recreational access remain prohibited in these strictest protected areas. Partners may support patrol activities and anti-poaching efforts, though enforcement authority remains exclusively with government rangers and law enforcement officials.

In national parks, authorized cooperation activities expand to include nature tourism development in designated zones, environmental education programs, trail development and maintenance, visitor center construction and operation, wildlife rescue and rehabilitation facilities, community development in buffer zones, and sustainable livelihood programs for adjacent communities. The regulation emphasizes that tourism development must follow carrying capacity assessments and zoning plans, concentrating visitor activities in designated tourism zones while maintaining large wilderness zones free from human disturbance.

For grand forest parks and nature tourism parks, which have more flexible management regimes, cooperation may include recreational facility development, botanical gardens and arboreta, wildlife interpretation centers, adventure tourism activities like canopy walks or wildlife viewing, and educational camping facilities. These areas serve important functions in providing nearby urban populations with nature access and environmental education opportunities.

All cooperation activities must comply with conservation area management plans, which establish overall management objectives, zoning systems, permissible activities in each zone, and resource protection priorities. Partners proposing activities inconsistent with management plans must request plan revisions through formal processes involving technical review and stakeholder consultation.

Environmental safeguards prohibit activities causing habitat destruction, species disturbance, introduction of invasive species, pollution, or disruption of ecological processes. Partners must conduct environmental impact assessments before implementing activities with potential environmental effects. Monitoring requirements ensure ongoing assessment of activity impacts with authority for the Ministry to suspend or terminate activities causing unacceptable environmental harm.

The regulation includes specific provisions addressing wildlife welfare in cooperation activities involving captive wildlife, wildlife rehabilitation, or wildlife tourism. Activities must comply with animal welfare standards, prevent wildlife exploitation or abuse, and prioritize species conservation over entertainment or commercial objectives.

Benefit Sharing and Community Involvement

PERMENHUT 85/2014 establishes principles for benefit sharing from cooperation activities, particularly those generating revenue like nature tourism operations, recognizing that conservation success depends partly on local community support and benefit distribution.

Revenue-generating cooperation activities must allocate portions of proceeds to conservation area management, supporting operational costs, infrastructure maintenance, and staff capacity building. Benefit sharing with local communities provides economic incentives for conservation support and compensation for opportunity costs from resource use restrictions.

The regulation specifies that benefit-sharing arrangements should be negotiated during cooperation agreement development, with community representatives participating in negotiations. Benefits may take various forms including direct employment in tourism or conservation activities, procurement of goods and services from local suppliers, funding for community development projects, support for traditional sustainable resource use rights, and revenue sharing through predetermined formulas.

Community involvement mechanisms extend beyond benefit sharing to include community participation in conservation planning and management. Local communities may be involved in patrol activities, wildlife monitoring, fire prevention, habitat restoration, and environmental education. These participatory approaches build community capacity, generate employment, and foster conservation awareness.

The regulation emphasizes free prior informed consent for cooperation activities affecting indigenous peoples or traditional communities. Consultation processes must be culturally appropriate, conducted in local languages, and provide adequate time for community deliberation. Communities retain rights to refuse cooperation proposals that they determine would adversely affect their interests.

Traditional knowledge held by local communities receives recognition and protection. Partners utilizing traditional ecological knowledge for research or other purposes must obtain community consent and provide appropriate recognition and benefit sharing. The regulation prohibits biopiracy or unauthorized commercial exploitation of community knowledge related to biodiversity and traditional resource management.

Performance Monitoring and Accountability

PERMENHUT 85/2014 establishes comprehensive monitoring and accountability mechanisms ensuring that cooperation arrangements fulfill conservation objectives and comply with agreement terms.

Partners must submit periodic progress reports documenting activity implementation, financial expenditures, and conservation outcomes. Reporting frequencies vary based on activity types, with quarterly reports typical for major infrastructure projects and annual reports standard for ongoing programs. Reports must include quantitative data on key performance indicators established in cooperation agreements.

The Ministry conducts field monitoring visits assessing activity implementation quality, environmental impact verification, and compliance with agreement terms. Monitoring teams include conservation area management unit staff, technical experts, and community representatives where appropriate. Monitoring findings inform performance evaluations and decisions regarding agreement renewal or modification.

Performance evaluation criteria include conservation impact measures such as species population trends, habitat condition indicators, and reduced threat levels; implementation effectiveness including activity completion rates, budget management, and timeline adherence; community benefit realization through employment generation, livelihood improvements, and community satisfaction; and environmental compliance demonstrated through minimal negative impacts and adherence to safeguards.

Partners failing to meet performance standards receive notifications specifying deficiencies and required corrective actions. Continued non-performance may result in agreement suspension or termination. The regulation provides dispute resolution procedures for disagreements over performance assessments or agreement interpretation, including mediation and arbitration options before resorting to litigation.

The regulation requires public transparency regarding cooperation arrangements, with cooperation agreement summaries published on Ministry websites. This transparency enables civil society oversight, supporting accountability while showcasing successful conservation partnerships as models for replication.

Implications for Conservation Governance

PERMENHUT 85/2014 represents a significant evolution in Indonesia's conservation governance, shifting from purely state-centered management toward collaborative multi-stakeholder approaches.

The regulation recognizes the practical limitations of government-only management in an era of constrained public budgets and expanding conservation challenges. By enabling diverse partnerships, the regulation mobilizes additional financial resources, technical expertise, and community support for conservation. International conservation organizations bring global best practices and specialized technical capacities. Private sector partners contribute innovation and efficiency while fulfilling corporate sustainability commitments. Research institutions generate scientific knowledge supporting evidence-based management. Local communities provide traditional knowledge, ground-level monitoring, and essential political support.

However, partnership approaches also present risks requiring careful management. Commercial partners may prioritize profit over conservation, potentially driving excessive tourism development or resource exploitation. Power imbalances between sophisticated external partners and resource-constrained government agencies may result in partnerships advancing partner interests more than conservation objectives. Community benefit-sharing mechanisms require careful design to ensure equitable distribution and avoid elite capture.

The regulation attempts to address these risks through comprehensive approval procedures, clear activity restrictions, performance monitoring, and accountability mechanisms. Success depends on effective implementation including adequate staffing for partnership oversight, robust monitoring systems, transparent decision-making, and willingness to terminate non-performing partnerships.

Conclusion

Peraturan Menteri Kehutanan Nomor P.85/Menhut-II/2014 establishes a comprehensive legal framework for conservation partnerships in Indonesia's nature reserves and conservation areas. By enabling cooperation with NGOs, private sector entities, research institutions, and local communities, the regulation seeks to enhance conservation effectiveness through resource mobilization, technical capacity enhancement, and broader stakeholder engagement.

The regulation's structured approach—defining eligible partners, authorizing specific cooperation forms, establishing approval procedures, specifying authorized activities, requiring benefit sharing, and instituting performance monitoring—provides clarity and accountability while maintaining flexibility for diverse partnership models.

Implementation experience will determine whether this collaborative approach successfully enhances conservation outcomes while managing risks of commercialization, unequal benefit distribution, and compromised conservation objectives. Early evidence suggests that well-designed partnerships can generate substantial benefits including improved infrastructure, enhanced monitoring, increased community support, and sustainable financing for conservation operations.

For Indonesia's conservation future, PERMENHUT 85/2014's partnership approach offers promising pathways for addressing the perpetual gap between conservation needs and available government resources. Success requires continued attention to partnership quality over quantity, robust monitoring and accountability, genuine community involvement, and unwavering commitment to conservation objectives even when partnerships generate competing pressures.

As Indonesia manages one of the world's most biodiverse protected area systems amid development pressures and climate change, the collaborative governance model established by PERMENHUT 85/2014 provides essential tools for building the broad-based support and sustained resources necessary for long-term conservation success.

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