What Conservation Area Cooperation Requirements Apply Under PERMENHUT 85/2014?
Indonesia's Ministry of Forestry Regulation No. P.85/Menhut-II/2014 establishes comprehensive procedures for cooperation in managing Natural Sanctuaries (Kawasan Suaka Alam / KSA) and Nature Conservation Areas (Kawasan Pelestarian Alam / KPA). This regulation, enacted on September 29, 2014, implements Article 43(3) of Government Regulation No. 28 of 2011 on Management of Natural Sanctuaries and Nature Conservation Areas. The regulation aims to create systematic frameworks for partnerships between conservation area managers and various stakeholders—including business entities, international organizations, government agencies, local governments, community groups, NGOs, educational institutions, and foundations—to strengthen conservation governance and biodiversity protection. By distinguishing between cooperation for conservation strengthening and cooperation for unavoidable strategic development, PERMENHUT 85/2014 balances ecological protection with national development needs while maintaining the primary conservation function of these protected areas.
1.0 Core Definitions: Cooperation Framework for Conservation Areas
PERMENHUT 85/2014 establishes foundational terminology that shapes how partnerships operate within Indonesia's protected areas. Pasal 1 defines key concepts that distinguish this regulation from general land use or forestry regulations. "Kawasan Suaka Alam" (Natural Sanctuary Areas) refers to areas with specific characteristics, both terrestrial and aquatic, that function primarily as conservation zones for biodiversity of plants, animals, and ecosystems while also serving as life support systems (Article 1(1)). "Kawasan Pelestarian Alam" (Nature Conservation Areas) are areas with specific characteristics, terrestrial or aquatic, that function as life support system protection, conservation of plant and animal species diversity, and sustainable utilization of natural biological resources and ecosystems (Article 1(2)). The regulation distinguishes these two categories to acknowledge different conservation priorities: KSA emphasizes strict protection with minimal human intervention, while KPA permits sustainable utilization alongside conservation.
The definition of "kerjasama penyelenggaraan KSA dan KPA" (cooperation in implementing KSA and KPA) is critical: joint activities among parties built on mutual interests for optimizing and ensuring effectiveness of area management or due to special considerations for strengthening national resilience (Article 1(6)). This definition reveals two cooperation pathways: partnerships aimed at enhancing conservation outcomes (optimization and effectiveness) and partnerships necessitated by national security or strategic development concerns. The phrase "kepentingan bersama" (mutual interests) signals that successful cooperation requires alignment between conservation goals and partner objectives, not merely transactional arrangements. The inclusion of "penguatan ketahanan nasional" (strengthening national resilience) acknowledges that certain national infrastructure or security projects may require access to conservation areas, creating a legal pathway for development that would otherwise be prohibited.
Article 1(8) defines "mitra" (partners) as parties who, through funding and/or technical expertise, cooperate with KSA and KPA managers to realize conservation objectives for natural biological resources and ecosystems. This definition establishes that partners must contribute substantive value—financial resources, specialized knowledge, or both—rather than merely seeking access or extraction rights. The regulation explicitly recognizes "badan usaha" (business entities) including state-owned enterprises, regional-owned enterprises, private businesses, and cooperatives as potential partners (Article 1(9)), signaling openness to private sector involvement if aligned with conservation goals. The definition of "pembangunan strategis yang tidak dapat dielakkan" (unavoidable strategic development) clarifies the threshold for exceptional development access: activities with nationally important influence on state sovereignty, national defense and security, and limited communication, transportation, and electricity networks for national interests (Article 1(7)).
1.1 Partner Categories and Cooperation Scope
| Partner Type | Definition (Pasal 1) | Examples |
|---|---|---|
| Badan Usaha | State-owned, regional-owned, private enterprises, cooperatives | PT PLN (state electricity), forestry cooperatives, conservation tourism operators |
| Lembaga Internasional | International organizations | WWF, IUCN, Conservation International, bilateral aid agencies |
| Instansi Pemerintah | Government agencies/state institutions | Ministry of Defense, Ministry of Public Works, BIG (Geospatial Agency) |
| Pemerintah Daerah | Provincial/district/city local governments | Provincial forestry services, district environmental agencies |
| Kelompok Masyarakat | Community groups | Indigenous communities (masyarakat adat), village conservation groups |
| Lembaga Swadaya Masyarakat | NGOs/civil society organizations | Local environmental NGOs, conservation advocacy groups |
| Perorangan | Individuals | Researchers, conservation volunteers, technical consultants |
| Lembaga Pendidikan | Educational institutions | Universities, research institutes, forestry academies |
| Yayasan | Foundations | Conservation foundations, environmental philanthropy organizations |
2.0 Conservation Strengthening Cooperation: Six Partnership Categories
Article 6(1) establishes six categories of cooperation aimed at strengthening KSA and KPA functions and biodiversity conservation. These categories represent the primary legal pathways for partnerships that enhance rather than compromise conservation objectives. The regulation emphasizes that strengthening functions includes reinforcing KSA and KPA roles as life support systems, areas protecting biodiversity, germplasm sources, and sources/areas for utilizing environmental conditions and wild plant and animal species (Article 6(2)). This comprehensive definition ensures that partnerships must address conservation holistically rather than focusing narrowly on single outcomes.
Category A—"kerjasama penguatan kelembagaan" (institutional strengthening cooperation)—encompasses human resource capacity building and technical assistance including research and development (Article 7(1)). Capacity building can take the form of conservation education and training, extension services, and community institutional strengthening training (Article 7(2)). Technical assistance includes placement of professional foreign personnel, assistance with new technology infrastructure such as DNA identification, species breeding, captive breeding technology development, enlargement and release of wild plants and animals, wildlife conflict management, specimen exploitation and collection, bioprospecting, and water potential and water resource inventorying (Article 7(3)). The breadth of Article 7(3) reveals recognition that effective conservation requires cutting-edge science and technology that many Indonesian agencies lack internal capacity to deploy. By explicitly mentioning DNA identification, bioprospecting, and species breeding, the regulation opens pathways for biotechnology and conservation genetics partnerships while maintaining Indonesian agency control.
Category B—"kerjasama perlindungan kawasan" (area protection cooperation)—focuses on security and protection partnerships including forest vulnerability mapping, disturbance prevention, boundary marker identification, security force strengthening including forming community-based security (pengamanan swakarsa), patrol operations, and fire suppression (Article 8). The inclusion of "pengamanan swakarsa" is particularly significant: it legitimizes community-based forest protection models where local residents actively participate in conservation security, creating legal space for programs like community ranger networks. Category C—"kerjasama pengawetan flora dan fauna" (flora and fauna conservation cooperation)—covers identification, inventory, habitat and population management, species rescue, assessment, research, and development (Article 9). This category addresses in-situ conservation: protecting species within their natural habitats through population monitoring and habitat improvement rather than ex-situ approaches like zoos or botanical gardens.
Category D—"kerjasama pemulihan ekosistem" (ecosystem restoration cooperation)—includes rehabilitation and restoration of areas (Article 10), creating legal pathways for ecosystem restoration concessions (Izin Usaha Pemanfaatan Hasil Hutan Kayu - Restorasi Ekosistem / IUPHHK-RE) and degraded forest restoration projects. Category E—"kerjasama pengembangan wisata alam" (nature tourism development cooperation)—must be implemented outside nature tourism business permit areas and can include promotion, nature tourism infrastructure development, information center construction, and community development (Article 11). This restriction ensures tourism cooperation does not overlap with formal concessions, preventing regulatory conflicts. Category F—"kerjasama pemberdayaan masyarakat" (community empowerment cooperation)—is designated for separate ministerial regulation (Article 12), signaling its complexity and importance as distinct policy domain requiring detailed procedural guidance beyond PERMENHUT 85/2014's scope.
2.1 Conservation Strengthening Partnership Matrix
| Cooperation Category | Scope (Articles 7-12) | Specific Activities | Legal Basis |
|---|---|---|---|
| A. Institutional Strengthening | Capacity building; technical assistance and R&D | Conservation education/training, extension, foreign expert placement, DNA identification, breeding technology, captive breeding, wildlife conflict management, bioprospecting, water inventory | Pasal 7(1)-(3) |
| B. Area Protection | Protection and security | Forest vulnerability mapping, disturbance prevention, boundary identification, security force strengthening, community-based security (swakarsa), patrol, fire suppression | Pasal 8 |
| C. Flora and Fauna Conservation | Species protection | Identification, inventory, habitat/population management, species rescue, assessment, research, development | Pasal 9 |
| D. Ecosystem Restoration | Ecosystem recovery | Rehabilitation and restoration of areas | Pasal 10 |
| E. Nature Tourism Development | Tourism outside permit areas | Promotion, infrastructure development, information centers, community development | Pasal 11(1)-(2) |
| F. Community Empowerment | Community development | (To be regulated by separate ministerial regulation) | Pasal 12 |
3.0 Unavoidable Strategic Development: Exceptional Access Framework
Article 13 establishes four categories of "pembangunan strategis yang tidak dapat dielakkan" (unavoidable strategic development) that may access conservation areas despite their protected status. This framework represents the regulation's most controversial provisions, balancing ecological protection against national development imperatives. The four categories are: (a) activities with important influence on state sovereignty and national defense and security; (b) utilization and development of communication infrastructure; (c) utilization and development of limited transportation; and (d) utilization and development of new and renewable energy and electricity networks for national interests. The phrase "tidak dapat dielakkan" (cannot be avoided) establishes a necessity standard: these activities must be essential and alternatives outside conservation areas must be impractical or impossible.
Category A—sovereignty and national security activities—includes mapping and installing state border markers, construction/maintenance of roads/cross-border posts, construction/maintenance of border patrol boat docks, construction/maintenance of national defense communication towers, construction/maintenance of radar, construction/maintenance of helipads, and military training areas (Article 14). These provisions recognize that Indonesia's conservation areas, particularly along international borders in Kalimantan, Papua, and eastern islands, occupy strategically sensitive locations where security infrastructure is necessary for territorial integrity. The inclusion of "pemeliharaan" (maintenance) alongside "pembangunan" (construction) ensures that existing installations can be sustained without requiring new permits for routine upkeep.
Category B—communication infrastructure—permits construction/maintenance of communication towers, observation and security posts, disaster mitigation infrastructure, footpaths for oversight and communication infrastructure maintenance, genset/solar cell houses, and underground cable/fiber optic networks (Article 15(1)). Article 15(2) imposes an important environmental control: genset houses must be built underground to avoid/reduce noise pollution. This detail reveals regulatory intent to minimize ecological disruption even for permitted activities. Category C—limited transportation—covers construction/maintenance of limited transportation infrastructure including roads connecting isolated areas and border area roads, waterways, navigation towers/lighthouses, docks, and roads that existed before area designation (Article 16(1)). Roads connecting isolated areas are subject to strict conditions: they must serve settlements inside/around the area whose existence is already recognized, and must be macadam roads (jalan makadam) rather than paved highways (Article 16(2)), limiting traffic capacity and speed to reduce wildlife impact.
Category D—renewable energy and electricity networks—includes utilization of existing geothermal energy, construction/maintenance of electricity network towers, cable installation and supporting infrastructure, and construction/maintenance of roads for network oversight and maintenance (Article 17). The limitation to "energi panas bumi yang sudah ada" (existing geothermal energy) prevents new geothermal exploration in conservation areas while allowing continued operation of legacy geothermal plants whose locations were designated before conservation area establishment. This grandfather clause balances energy security against expanding industrial footprints within protected zones.
3.1 Unavoidable Strategic Development Matrix
| Development Category | Permitted Activities (Articles 14-17) | Special Conditions |
|---|---|---|
| A. Sovereignty & National Security | Border mapping/marking, cross-border roads/posts, patrol boat docks, defense communication towers, radar, helipads, military training areas | Must support state sovereignty, defense, or security (Pasal 14) |
| B. Communication Infrastructure | Communication towers, observation/security posts, disaster mitigation infrastructure, maintenance footpaths, genset/solar houses, underground fiber optic cables | Genset houses must be underground to reduce noise (Pasal 15(2)) |
| C. Limited Transportation | Roads for isolated areas/border roads, waterways, navigation towers/lighthouses, docks, pre-existing roads | Roads for isolated areas: recognized settlements only, macadam roads only (Pasal 16(2)) |
| D. Renewable Energy & Electricity | Existing geothermal utilization, electricity towers, cable installation, maintenance roads | Limited to "existing" geothermal (no new exploration) (Pasal 17) |
4.0 Partner Obligations and Application Procedures
Article 18 establishes nine minimum obligations that all partners must fulfill, regardless of cooperation category. These obligations create baseline environmental and social standards that prevent partnerships from undermining conservation objectives. Partners must: (a) provide and maintain supporting infrastructure for cooperated activities; (b) conduct area protection and security around construction sites from potential forest fires and encroachment/illegal settlements; (c) avoid construction causing habitat fragmentation that disrupts main wildlife movement; (d) avoid using living or dead materials that could alter vegetation structure and species diversity, leading to invasive species or area function changes; (e) protect and safeguard surrounding wildlife; (f) provide required data and information; (g) provide companion and oversight personnel; (h) rehabilitate areas damaged by cooperation development impacts; (i) involve local management unit staff in every activity; and (j) not disturb landscape beauty, with building structure and color adjusted to surrounding conditions.
Obligations (c) and (d) address ecological connectivity and invasive species risks—two critical but often overlooked conservation threats. Obligation (c) prevents infrastructure from severing wildlife corridors that allow animal populations to migrate, breed, and maintain genetic diversity. Obligation (d) prohibits introducing non-native plants or materials that could outcompete indigenous species, recognizing that biological invasions often follow infrastructure development when contractors use foreign plant species for landscaping or erosion control. Obligation (h) establishes partner liability for environmental damage: partners cannot simply complete projects and leave degraded sites for government agencies to restore. Obligation (i) ensures local Unit Pelaksana Teknis (UPT) staff—the Balai Besar Konservasi Sumber Daya Alam, Balai Besar Taman Nasional, Balai Konservasi Sumber Daya Alam, or Balai Taman Nasional managing the specific conservation area—maintain operational involvement and oversight throughout partnership activities.
Article 19 imposes additional obligations specific to limited transportation cooperation under Article 16(1)(a). Partners constructing roads must build gateways and speed controls for passing vehicles and provide corridors, crossings/tunnels for wildlife movement (Article 19(a)). For water transportation, partners must prevent pollution from transportation waste, regulate noise levels and transportation speed, provide waste processing facilities, and maintain waterways for water transportation (Article 19(b)). All transportation infrastructure must include traffic signs related to wildlife movement (Article 19(c)). The requirement for wildlife corridors and tunnels represents sophisticated conservation engineering: roads become ecological barriers unless designed with passages that allow animals to safely cross, particularly for species like elephants, tigers, and orangutans that require large territories.
Application procedures differ based on partner type and project scope. For conservation strengthening partnerships (Articles 20-24), partners submit cooperation proposals containing purpose, objectives, targets, activity forms, duration, funding, and rights and obligations of parties (Article 20(a)). International organizations must additionally provide recommendations from government agencies/institutions overseeing international cooperation (Article 20(b)). Proposals are submitted to: (a) the Minister (for international organization partners), with copy to Director General; (b) Director General (for non-international partners operating across multiple management units); or (c) Head of Management Unit (for non-international partners operating within single management unit) (Article 21). For unavoidable strategic development cooperation (Articles 26-28), requirements are more stringent: proposals, latest satellite imagery with 15-meter resolution and interpretation results in digital and hard copy formats signed by applicant, location and area maps at 1:10,000 scale or largest available scale, construction and infrastructure plans certified by relevant agencies, general description of forest area conditions including vegetation cover, dominant plant species, and priority wildlife presence from field surveys, environmental documents (AMDAL or UPL/UKL) specifically for road and electricity network construction, and technical recommendations from management unit head (Article 26).
4.1 Partner Obligations Matrix
| Obligation Category | Specific Requirements (Articles 18-19) | Applies To |
|---|---|---|
| Infrastructure | Provide and maintain supporting infrastructure | All partnerships (Pasal 18(a)) |
| Area Protection | Conduct protection/security against fire, encroachment, illegal settlements | All partnerships (Pasal 18(b)) |
| Ecological Connectivity | Avoid habitat fragmentation disrupting wildlife movement | All partnerships (Pasal 18(c)) |
| Invasive Species Prevention | Avoid materials causing vegetation changes or invasive species | All partnerships (Pasal 18(d)) |
| Wildlife Protection | Protect and safeguard surrounding wildlife | All partnerships (Pasal 18(e)) |
| Information Sharing | Provide required data and information | All partnerships (Pasal 18(f)) |
| Oversight Personnel | Provide companion and oversight staff | All partnerships (Pasal 18(g)) |
| Rehabilitation | Rehabilitate areas damaged by cooperation impacts | All partnerships (Pasal 18(h)) |
| Local Involvement | Involve local management unit staff in all activities | All partnerships (Pasal 18(i)) |
| Landscape Protection | Adjust building structure/color to surroundings | All partnerships (Pasal 18(j)) |
| Road Infrastructure (Additional) | Build gateways, speed controls, wildlife corridors/tunnels | Roads for isolated areas (Pasal 19(a)) |
| Water Transportation (Additional) | Prevent pollution, regulate noise/speed, waste facilities, maintain waterways | Water transportation (Pasal 19(b)) |
| Traffic Signage (Additional) | Install wildlife movement traffic signs | All transportation (Pasal 19(c)) |
5.0 Agreement Duration, Monitoring, and Asset Ownership
PERMENHUT 85/2014 establishes differentiated agreement durations based on cooperation purpose. Conservation strengthening partnerships (under Articles 22, 23, and 24) have maximum five-year terms, renewable based on evaluation results (Article 29(1)). Unavoidable strategic development partnerships (under Article 28) have maximum ten-year terms, renewable based on evaluation (Article 29(2)). Extension requests must be submitted with renewal proposals no later than six months before agreement expiration, accompanied by evaluation results conducted by management unit head or designated official according to authority (Article 30). The longer duration for strategic development partnerships reflects infrastructure project realities: border posts, communication towers, and electricity networks require sustained maintenance and operation over decades, making five-year cycles impractical.
Agreements must address fifteen required elements (Article 31(1)): agreement title; parties; agreement purpose; agreement scope; rights and obligations of parties; obligations to conduct knowledge and skills transfer; prohibitions including provisions against removing materials and specimens from areas; regulation of patent rights and cooperation publication ownership; profit sharing from intellectual property and patent rights use; submission of baseline data and information; use of cooperation infrastructure; asset ownership; cooperation duration; extension and termination of cooperation; and dispute resolution. The knowledge transfer obligation (Article 31(1)(f)) prevents partnerships from becoming extractive relationships where foreign partners gain expertise and data while Indonesian agencies remain dependent. The prohibition on removing specimens (Article 31(1)(g)) protects against biopiracy—unauthorized collection of genetic resources and traditional knowledge for commercial development abroad without benefit sharing.
Publications resulting from cooperation must be jointly produced by partners and management units, with information dissemination citing research sources (Article 31(2)). This provision addresses academic integrity and ensures Indonesian institutions receive credit for research conducted in their managed areas. Article 34 explicitly prohibits international organizations from conducting fundraising activities within Indonesia during cooperation, preventing partnerships from becoming donor solicitation platforms that compete with Indonesian government fundraising or create conflicts of interest. Article 35 requires partners to prioritize Indonesian expert personnel, and if foreign experts are involved, they must be accompanied by Directorate General personnel (Article 35(1)). Partners must request permits for foreign experts no later than two months before activity commencement (Article 35(3)).
When agreements terminate—whether due to term expiration, partner criminal forestry offenses, or party withdrawal (Article 36)—all immovable infrastructure assets resulting from cooperation implementation become state property and utilized for conservation interests (Article 37(1)). Asset transfer follows statutory provisions (Article 37(2)). This provision prevents partners from dismantling infrastructure upon exit, ensuring that investments in patrol posts, research facilities, or wildlife corridors permanently benefit conservation. Monitoring ensures cooperation implementation follows agreements or implementation program/activity plans (Article 38(1)), with monitoring results reported by management unit heads to Director General every six months (Article 38(2)). Evaluation assesses cooperation achievement toward objectives (Article 39(1)), conducted by management units at least annually with results submitted to Director General for Director-level review (Article 39(2)). These monitoring and evaluation provisions create accountability mechanisms ensuring partnerships deliver intended conservation outcomes rather than serving as facades for resource extraction.
5.1 Duration, Monitoring, and Assets Matrix
| Element | Provisions (Articles 29-39) | Specifics |
|---|---|---|
| Duration: Conservation Strengthening | Maximum 5 years, renewable | Extension requested 6 months before expiry with evaluation results (Pasal 29(1), 30) |
| Duration: Strategic Development | Maximum 10 years, renewable | Extension requested 6 months before expiry with evaluation results (Pasal 29(2), 30) |
| Required Agreement Elements | 15 mandatory clauses | Title, parties, purpose, scope, rights/obligations, knowledge transfer, prohibitions, publication rights, profit sharing, data submission, infrastructure use, assets, duration, extension/termination, dispute resolution (Pasal 31(1)) |
| Publication Rules | Joint production with citations | Partners and management units must coproduce publications citing research sources (Pasal 31(2)) |
| Foreign Expert Use | Indonesian personnel priority; foreign experts require permits | Must be accompanied by DG personnel; permit application 2 months before activity (Pasal 35) |
| Agreement Termination | Three termination triggers | Term expiration, partner forestry crime, party withdrawal (Pasal 36) |
| Asset Ownership Upon Termination | All immovable assets become state property | Utilized for conservation interests; transfer per statutory provisions (Pasal 37) |
| Monitoring | Semi-annual reporting | Management unit heads report to Director General every 6 months (Pasal 38) |
| Evaluation | Annual assessment | Conducted by management units, results submitted to DG for Director review (Pasal 39) |
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This analysis is part of the REGPRIMA series examining Indonesia's forestry and conservation regulations:
- PERMENHUT Series: Forestry Ministry Regulations Index
- Conservation Area Management: Related Regulations on KSA/KPA
- PERMENLHK 44/2017: Amendments to PERMENHUT 85/2014
Regulation Reference
PERATURAN MENTERI KEHUTANAN REPUBLIK INDONESIA NOMOR P.85/MENHUT-II/2014 TENTANG TATA CARA KERJASAMA PENYELENGGARAAN KAWASAN SUAKA ALAM DAN KAWASAN PELESTARIAN ALAM
"Kerjasama penyelenggaraan KSA dan KPA adalah kegiatan bersama para pihak yang dibangun atas kepentingan bersama untuk optimalisasi dan efektifitas pengelolaan kawasan atau karena adanya pertimbangan khusus bagi penguatan ketahanan nasional."
Enacted: September 29, 2014
Gazette: Berita Negara Republik Indonesia No. 1446, 2014
Amended By: Peraturan Menteri Lingkungan Hidup dan Kehutanan Nomor P.44/MENLHK/SETJEN/KUM.1/6/2017
Legal Basis: PP 28/2011 on Management of Natural Sanctuaries and Nature Conservation Areas
Official Source: https://peraturan.go.id/id/permenhut-no-p-85-menhut-ii-2014-tahun-2014
Legal Disclaimer
This analysis is for informational purposes only and does not constitute legal advice. PERMENHUT 85/2014 creates binding obligations for entities entering cooperation agreements involving Indonesia's Natural Sanctuary Areas (KSA) and Nature Conservation Areas (KPA). The regulation has been amended by PERMENLHK 44/2017. Businesses, government agencies, international organizations, and other entities considering partnerships within conservation areas should consult with qualified Indonesian forestry law specialists before initiating cooperation proposals, as application requirements, partner obligations, and prohibited activities vary substantially based on cooperation category and partner type. Failure to comply with environmental obligations (Article 18), unauthorized specimen removal, or development inconsistent with unavoidable strategic development criteria may result in agreement termination, civil liability for rehabilitation costs, and potential criminal forestry offenses under Law No. 41 of 1999 on Forestry. This analysis does not address subsequent regulatory developments, Ministry of Environment and Forestry implementing regulations, or sector-specific guidelines that may impose additional requirements on conservation area partnerships.
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