How Can Conservation Area Partnerships Be Formed Under PERMENHUT 85/2014?

Ministry of Forestry Regulation No. 85 of 2014 on Procedures for Partnership in Nature Reserve and Conservation Area Management, as amended by PERMENLHK No. P.44/MENLHK/SETJEN/KUM.1/6/2017 in 2017, establishes Indonesia's framework for collaborative management of protected conservation areas. This regulation enables diverse stakeholders—from business entities to international organizations—to partner with government agencies in achieving biodiversity conservation objectives while acknowledging certain unavoidable strategic national developments.

Regulatory Foundation

PERMENHUT 85/2014 was issued to implement Pasal 43 ayat (3) of Government Regulation No. 28 of 2011 on Management of Nature Reserve Areas and Nature Conservation Areas. The regulation became effective in 2014 under the Ministry of Forestry, which has since been merged into the Ministry of Environment and Forestry.

The regulation's legal basis includes:
- Law No. 5 of 1990 on Conservation of Natural Resources and Ecosystems
- Law No. 41 of 1999 on Forestry (as amended by Law No. 19 of 2004)
- PP No. 38 of 2007 on Division of Government Affairs
- PP No. 36 of 2010 on Nature Tourism Business in Wildlife Reserves, National Parks, Grand Forest Parks, and Nature Tourism Parks
- PP No. 28 of 2011 on Management of Nature Reserve Areas and Nature Conservation Areas

Two Conservation Area Categories

Nature Reserve Areas (KSA)

PERMENHUT 85/2014 defines Kawasan Suaka Alam (KSA) as areas with certain characteristics, both on land and in waters, which have the main function as areas for conservation of the diversity of plants and animals and their ecosystems, which also function as life support system areas.

KSA represents the strictest conservation category, prioritizing biodiversity preservation and ecosystem integrity. These areas serve dual purposes: conserving biological diversity and maintaining life support systems for surrounding regions.

Nature Conservation Areas (KPA)

Kawasan Pelestarian Alam (KPA) is defined as areas with certain characteristics, both on land and in waters, which have the main function of protecting life support systems, conserving the diversity of plant and animal species, and sustainable utilization of biological natural resources and their ecosystems.

KPA allows for sustainable utilization alongside conservation, creating opportunities for eco-tourism, environmental services, and limited resource use that supports conservation objectives.

Conservation Area Management Framework

Systematic Management Approach

The regulation defines Pengelolaan KSA dan KPA (Management of KSA and KPA) as systematic and structured efforts carried out to manage areas through planning, protection, conservation, utilization, supervision, and control activities.

This six-component management system ensures comprehensive coverage of conservation area administration from initial planning through enforcement.

Implementation Process

Penyelenggaraan (Implementation) is defined as systematic efforts carried out to implement areas through planning, protection, conservation, utilization, and evaluation of functional suitability activities.

The implementation process includes a critical evaluation component to ensure conservation areas continue meeting their designated functional purposes.

Partnership Objective and Scope

Primary Objective (Pasal 2)

Partnerships in KSA and KPA implementation aim to realize strengthening of area management governance and biodiversity conservation. This objective emphasizes both institutional capacity building and ecological outcomes.

Two Partnership Categories (Pasal 3)

Category 1: Strengthening KSA and KPA Functions and Biodiversity Conservation

This category covers partnerships focused on enhancing conservation effectiveness through:
- Improved management capacity
- Enhanced biodiversity protection
- Ecosystem restoration
- Community engagement
- Scientific research and monitoring

Category 2: Unavoidable Strategic Development

The regulation recognizes Pembangunan Strategis yang tidak dapat Dielakkan (Unavoidable Strategic Development) as activities that have very important national influence on state sovereignty, national defense and security, and limited communication and transportation facilities and electricity networks for national interests.

This category acknowledges that certain infrastructure projects of critical national importance may need to occur within conservation areas, subject to stringent safeguards and compensatory measures.

Eligible Partnership Partners

Seven Partner Categories (Pasal 5)

PERMENHUT 85/2014 establishes broad partnership eligibility across three primary categories, with detailed subcategories:

Category 1: Business Entities (Badan Usaha)

Business entities include:
- State-owned enterprises (Badan Usaha Milik Negara)
- Regional-owned enterprises (Badan Usaha Milik Daerah)
- Private enterprises (Badan Usaha Milik Swasta)
- Cooperatives (Koperasi)

This category enables private sector participation in conservation financing and implementation while ensuring compliance with conservation standards.

Category 2: International Organizations (Lembaga Internasional)

International organizations include entities within the United Nations organizational structure, organizations representing the United Nations, or other international organizations.

This provision facilitates international cooperation on biodiversity conservation, enabling access to global expertise and funding mechanisms.

Category 3: Other Parties (Pihak Lainnya)

The 2014 regulation originally specified six subcategories of other parties, with the 2017 amendment adding a seventh:

1. Government agencies/state institutions (Instansi pemerintah/lembaga negara): Enables inter-governmental collaboration on conservation objectives
2. Provincial/district/city governments (Pemerintah daerah provinsi/kabupaten/kota): Facilitates regional government participation in conservation area management within their jurisdictions
3. Community groups (Kelompok masyarakat): Allows organized community participation in conservation activities
4. Non-governmental organizations (Lembaga swadaya masyarakat): Leverages NGO expertise and community connections for conservation implementation
5. Individuals (Perorangan): Enables individual conservation champions to contribute expertise or resources
6. Educational institutions (Lembaga pendidikan): Integrates research and education into conservation area management
7. Foundations (Yayasan): Allows foundation participation in conservation funding and implementation
8. Community Organizations (Ormas - Organisasi Kemasyarakatan): Added by the 2017 amendment, defined as organizations established and formed by communities voluntarily based on common aspirations, will, needs, interests, activities, and goals to participate in development for achieving the goals of the Unitary State of the Republic of Indonesia based on Pancasila

The 2017 addition of Ormas significantly expanded community participation opportunities, recognizing the important role of organized civil society in conservation.

Partnership Framework

Definition of Partners

The regulation defines Mitra (Partner) as another party that, with the funds and/or technical expertise they possess, collaborates with KSA and KPA managers to realize the conservation objectives of natural resources and ecosystems.

This definition emphasizes two key partnership contributions: financial resources and technical expertise. Partners need not provide both; either contribution qualifies for partnership eligibility.

Environmental Considerations

The regulation requires partnerships to consider Kondisi Lingkungan (Environmental Conditions), defined as ecosystem conditions, climate conditions, natural phenomena, species peculiarities, and cultural heritage in KSA and KPA.

This holistic approach ensures partnerships account for the full range of ecological and cultural values within conservation areas.

Six-Component Regulatory Scope (Pasal 4)

PERMENHUT 85/2014 covers six key partnership aspects:

Component 1: Partnership Partners (Mitra kerjasama)
Defines eligible partners and partnership formation criteria

Component 2: Strengthening KSA and KPA Functions and Biodiversity Conservation
Establishes procedures for conservation-focused partnerships

Component 3: Unavoidable Strategic Development
Creates framework for managing strategic national infrastructure within conservation areas

Component 4: Obligations (Kewajiban)
Specifies partner responsibilities and compliance requirements

Component 5: Partnership Procedures (Tata cara kerjasama)
Details partnership formation, documentation, and implementation processes

Component 6: Monitoring, Evaluation and Reporting
Establishes accountability mechanisms throughout partnership lifecycle

Partnership Documentation

Two-Stage Documentation Process

Stage 1: Memorandum of Understanding (Nota Kesepahaman)

The regulation defines MoU as a written statement describing the initial understanding of parties planning to enter into a contract or agreement.

The MoU stage allows parties to establish preliminary terms before committing to formal partnership arrangements, providing flexibility to negotiate terms and assess partnership viability.

Stage 2: Partnership Agreement (Perjanjian Kerja Sama)

Partnership Agreement is defined as an agreement document in a certain form and name made in writing and creating rights and obligations.

The formal partnership agreement creates legally binding commitments, specifying partner contributions, responsibilities, performance indicators, and dispute resolution mechanisms.

This two-stage process protects both conservation agencies and potential partners by ensuring mutual understanding before formal commitment.

Supporting Infrastructure

Equipment and Facilities

The regulation defines Sarana Prasarana Pendukung Kegiatan Kerja sama (Supporting Facilities for Partnership Activities) as equipment functioning to support partnership activities, including:

• Binoculars (Teropong) for wildlife monitoring
• Communication devices (Alat komunikasi) for coordination and emergency response
• Forest security patrol facilities (Sarana patroli pengamanan hutan) for protection activities

This specification ensures partnerships provide tangible support for on-ground conservation management.

Special Biodiversity Provisions

Germplasm Conservation

The regulation defines Plasma Nutfah (Germplasm) as life substances carrying hereditary traits that can be in the form of organs or parts of plants or animals as well as microorganisms.

This definition encompasses the full range of genetic resources requiring conservation, from plant seeds to animal tissues to microbial cultures.

Wildlife Protection

Satwa (Wildlife) is defined as all types of animal natural resources that live on land and/or in water and/or in the air.

The regulation also establishes protection for Lintasan Satwa (Wildlife Corridors), defined as areas where animals regularly or periodically pass through.

Wildlife corridor protection is critical for maintaining ecosystem connectivity and enabling animal movement between habitat patches, particularly important for species with large home ranges.

Management Authority Structure

Hierarchical Implementation Framework

Ministerial Level:
Menteri is the minister who administers government affairs in the field of environment and forestry, holding ultimate regulatory authority

Director General Level:
Direktur Jenderal is the senior official assigned tasks and responsibilities in the field of natural resource and ecosystem conservation

Director Level:
Direktur is the Director assigned tasks and responsibilities in the field of natural resource and ecosystem conservation, referred to as the Technical Director

Operational Level:
Unit Pengelola (Management Unit) includes:
- Balai Besar Konservasi Sumber Daya Alam (Major Natural Resources Conservation Office)
- Balai Besar Taman Nasional (Major National Park Office)
- Balai Konservasi Sumber Daya Alam (Natural Resources Conservation Office)
- Balai Taman Nasional (National Park Office)
- Unit Pelaksana Teknis Daerah Pengelola Taman Hutan Raya (Regional Technical Implementation Unit for Grand Forest Park Management)

This hierarchical structure ensures partnerships operate within clear authority frameworks with escalation pathways for complex decisions.

Regional Coordination

SKPD (Satuan Kerja Perangkat Daerah) is defined as the executive function implementer that must coordinate so that government administration runs well.

SKPD involvement ensures regional government integration into conservation partnership management, facilitating coordination with local development planning and regulatory enforcement.

Strategic Implications

Balancing Conservation and Development

PERMENHUT 85/2014 achieves a delicate balance by establishing rigorous partnership standards while acknowledging unavoidable strategic development. The regulation does not prohibit national infrastructure within conservation areas but subjects such development to heightened scrutiny and compensation requirements.

This pragmatic approach recognizes Indonesia's development imperatives while maintaining conservation commitments.

Expanding Conservation Financing

By enabling seven categories of partners, including business entities and international organizations, the regulation diversifies conservation financing beyond government budgets. Private sector partnerships can provide sustainable funding streams for conservation management while meeting corporate sustainability objectives.

Strengthening Community Participation

The 2017 amendment adding Ormas as eligible partners significantly expanded community participation opportunities. Combined with provisions for community groups, individuals, and NGOs, the regulation creates multiple pathways for local communities to engage in conservation area management.

This participatory approach aligns with global conservation best practices recognizing that local communities are essential partners in effective protected area management.

Integrating Scientific Research

Educational institution eligibility facilitates research collaboration, enabling conservation areas to serve as living laboratories while benefiting from academic expertise in ecology, wildlife biology, and conservation management.

International Cooperation Pathways

International organization eligibility creates formal mechanisms for bilateral and multilateral conservation partnerships, enabling access to global conservation networks, technical expertise, and international funding mechanisms such as GEF and Green Climate Fund.

Implementation Considerations

Partnership Formation Process

Potential partners should:
1. Assess eligibility under one of seven partner categories
2. Identify specific conservation objectives or strategic development needs
3. Engage relevant Management Unit (Balai) for preliminary discussions
4. Negotiate Memorandum of Understanding terms
5. Conduct environmental impact assessments where required
6. Formalize Partnership Agreement with clear performance indicators
7. Implement monitoring and reporting systems

Compliance Requirements

Partners must comply with:
- Conservation area management plans
- Environmental protection standards
- Reporting requirements specified in partnership agreements
- Wildlife protection and corridor preservation requirements
- Germplasm conservation protocols

Success Factors

Effective partnerships require:
- Clear alignment between partner capabilities and conservation needs
- Adequate financial and technical resources
- Strong coordination between Management Units and regional government (SKPD)
- Meaningful community engagement where partnerships affect local populations
- Robust monitoring systems to track conservation outcomes
- Adaptive management approaches allowing partnership adjustment based on performance

PERMENHUT 85/2014 establishes Indonesia's comprehensive framework for conservation area partnerships, enabling diverse stakeholder collaboration while maintaining rigorous conservation standards. The regulation's broad partner eligibility, two-category partnership scope, and clear documentation requirements create accessible pathways for contributing to biodiversity conservation. The 2017 amendment adding Ormas demonstrates regulatory responsiveness to expanding community participation in conservation governance. Successful implementation depends on transparent partnership processes, adequate Management Unit capacity, and genuine commitment from all parties to conservation objectives alongside any development activities within protected areas.

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