What Social Forestry Requirements Exist Under PERMENLHK P.83/2016?

I. Executive Summary

PERMENLHK P.83/2016 concerning Social Forestry (Perhutanan Sosial) established Indonesia's comprehensive framework for community-based forest management. Enacted on October 25, 2016, and effective November 7, 2016, this regulation provided legal access to forest resources through five distinct schemes: Village Forests (Hutan Desa/HD), Community Forests (Hutan Kemasyarakatan/HKm), Community Plantation Forests (Hutan Tanaman Rakyat/HTR), Customary Forests (Hutan Adat/HA), and Forest Partnerships (Kemitraan Kehutanan/KK). The regulation addressed poverty reduction, unemployment, and inequitable forest management by granting communities 35-year forest management rights.

Critical Update: This regulation was partially superseded by PERMENLHK No. 11/2020 (concerning HTR) and substantially updated by PERMENLHK No. 9/2021 (concerning Social Forestry Management). While P.83/2016 is no longer fully valid, it remains foundational to understanding Indonesia's social forestry framework evolution.

Official Source: PERMENLHK P.83/2016 at BPK Legal Database

II. Regulatory Context and Definitions

Core Definition of Social Forestry

PERMENLHK P.83/2016 Pasal 1 defines:

"Perhutanan Sosial adalah sistem pengelolaan hutan lestari yang dilaksanakan dalam kawasan hutan negara atau hutan hak/hutan adat yang dilaksanakan oleh masyarakat setempat atau masyarakat hukum adat sebagai pelaku utama untuk meningkatkan kesejahteraannya, keseimbangan lingkungan dan dinamika sosial budaya dalam bentuk Hutan Desa, Hutan Kemasyarakatan, Hutan Tanaman Rakyat, Hutan Rakyat, Hutan Adat, dan Kemitraan Kehutanan."

Translation: "Social Forestry is a sustainable forest management system implemented in state forest areas or customary/community forests conducted by local communities or customary law communities as primary actors to improve their welfare, environmental balance, and socio-cultural dynamics in the forms of Village Forests, Community Forests, Community Plantation Forests, Community Forests, Customary Forests, and Forest Partnerships."

Regulatory Objectives

According to PERMENLHK P.83/2016, Social Forestry aims to:

1. Resolve tenurial conflicts between communities and state forest areas
2. Provide justice for local communities and customary law communities within or around forest areas
3. Reduce poverty and unemployment in forest-adjacent communities
4. Address inequitable forest management and utilization
5. Ensure community welfare while maintaining forest resource sustainability

Legal Framework

The regulation consolidated and replaced several previous forestry ministry regulations:
- Permenhut P.88/Menhut-II/2014 on Community Forests
- Permenhut P.89/Menhut-II/2014 on Village Forests
- Previous regulations on HTR and forest partnerships

This consolidation created a unified legal framework for all social forestry schemes under a single regulatory instrument.

III. Five Social Forestry Schemes

Scheme Matrix

Detailed Scheme Requirements

1. Hutan Desa (Village Forest)
- Eligibility: Village institutions (lembaga desa) or joint village institutions
- Forest Type: State forests in protection or production areas
- Permit Duration: 35 years, renewable
- Management Rights: HPHD (Hak Pengelolaan Hutan Desa)
- Restriction: Individual applicants not eligible

2. Hutan Kemasyarakatan (Community Forest)
- Eligibility: Community groups or joint community groups
- Forest Type: State forests in protection or production areas
- Permit Duration: 35 years, renewable
- Management Rights: IUPHKm (Izin Usaha Pemanfaatan Hutan Kemasyarakatan)
- Focus: Empowering communities to achieve welfare

3. Hutan Tanaman Rakyat (Community Plantation Forest)
- Eligibility: Individual persons, community groups, or cooperatives (minimum 15 members)
- Forest Type: Production forests only
- Permit Duration: 35 years, renewable
- Management Rights: IUPHHK-HTR (Izin Usaha Pemanfaatan Hasil Hutan Kayu - HTR)
- Unique Feature: Only scheme allowing individual applicants under P.83/2016

4. Hutan Adat (Customary Forest)
- Eligibility: Customary law communities (masyarakat hukum adat)
- Forest Type: Customary forests within state forest areas
- Permit Type: Recognition and protection decree
- Special Requirement: Regional regulation (Perda) officially recognizing the customary community
- Implementation Challenge: Slow issuance of regional regulations by local governments

5. Kemitraan Kehutanan (Forest Partnership)
- Eligibility: Local communities partnering with forest concession holders
- Forest Type: Areas within existing forest concessions
- Agreement Type: Partnership agreements with permit holders
- Model: Cooperation between communities and industrial forest managers

IV. Application and Verification Procedures

Application Requirements Matrix

Verification Process

Based on PERMENLHK P.83/2016 and implementing regulations (Perdirjen PSKL):

Step 1: Application Submission
- Community groups/village institutions submit applications to Ministry of Environment and Forestry (KLHK)
- Application includes proposed area, management plan, and group composition

Step 2: Administrative Verification
- KLHK verifies subject (applicant eligibility)
- KLHK verifies object (forest area status and compatibility)

Step 3: Technical Verification
Conducted through:
- Perdirjen PSKL No. 11/2016: Verification procedures for HPHD (Village Forest)
- Perdirjen PSKL No. 12/2016: Verification procedures for IUPHKm (Community Forest)
- Perdirjen PSKL No. 13/2016: Verification procedures for IUPHHK-HTR

Step 4: Permit Issuance
- If verification is "clear and clean," Director General issues permit on behalf of Minister
- Permit duration: 35 years, renewable

Required Planning Documents

RKPS (Rencana Kelola Perhutanan Sosial) - Social Forestry Management Plan
- Long-term management strategy (35-year period)
- Resource inventory and management zones
- Silvicultural systems and harvest planning
- Conservation measures

RKT (Rencana Kerja Tahunan) - Annual Work Plan
- Annual operational activities
- Harvesting targets and schedules
- Budget and resource allocation
- Monitoring and reporting mechanisms

These documents are mandatory under Perdirjen PSKL No. 16/2016 and serve as:
- Guidelines for community group activities
- Reference for monitoring progress and achievements
- Basis for government supervision and assistance

V. Implementation Analysis

Permit Duration and Renewability

Standard Term: 35 years for all schemes
- Provides long-term security for community investment
- Allows multi-generational planning
- Enables sustainable forest management cycles

Renewal Mechanism:
- Permits are renewable upon expiration
- Renewal subject to compliance with management plan
- No explicit limit on number of renewals

Rights and Obligations Framework

Community Rights:
1. Access to forest resources for 35 years
2. Harvest and utilize forest products according to management plan
3. Receive government facilitation and capacity building
4. Participate in forest resource planning

Community Obligations:
1. Implement sustainable forest management
2. Submit RKPS and annual RKT
3. Comply with silvicultural systems
4. Protect forest from illegal activities
5. Report activities to government authorities

Target Achievement

The Ministry of Environment and Forestry established a 12.7 million hectare social forestry target to expand community participation in forest management. This ambitious goal reflects national commitment to:
- Distributing forest access more equitably
- Reducing deforestation through community stewardship
- Improving livelihoods in forest-dependent communities

Facilitation Support

PERMENLHK P.83/2016 authorized multiple facilitation channels:

Government Facilitation:
- Forest Management Units (KPH - Kesatuan Pengelolaan Hutan)
- Forestry extension officers (penyuluh kehutanan)
- Government-appointed social forestry facilitators

Non-Government Facilitation:
- NGOs and civil society organizations
- Community development organizations
- Technical consultants

Facilitators assist communities in:
- Preparing application documents
- Conducting resource inventories
- Developing management plans (RKPS)
- Building institutional capacity

Implementation Challenges

1. Customary Forest Recognition Bottleneck
- Hutan Adat requires regional regulation (Perda) recognizing customary communities
- Local governments and legislatures slow to issue Perda
- Creates significant delays in Hutan Adat implementation

2. Technical Capacity Gaps
- Communities often lack expertise in forest inventory
- Management plan preparation requires technical skills
- Ongoing need for facilitation and capacity building

3. Bureaucratic Complexity
- Multi-step verification process can be lengthy
- Coordination between national and regional authorities required
- Administrative requirements may burden communities

Regulatory Evolution

PERMENLHK No. 11/2020: Partially revoked P.83/2016 specifically for HTR
- Updated HTR procedures and requirements
- Modified technical standards for community plantations

PERMENLHK No. 9/2021: Substantially updated social forestry framework
- Expanded individual eligibility beyond HTR to other schemes (except HD and HA)
- Simplified procedures to accelerate permit issuance
- Enhanced flexibility in management approaches

These updates reflect adaptive management and lessons learned from P.83/2016 implementation.

VI. Regulatory Compliance Matrix

Compliance Requirements by Scheme

Supervision and Monitoring

Government Authority:
- Ministry of Environment and Forestry (KLHK) retains oversight
- Forest Management Units (KPH) conduct field monitoring
- Non-compliance may result in permit suspension or revocation

Community Accountability:
- Annual reporting on activities and harvests
- Financial transparency for group management
- Participation in government inspections and evaluations

Enforcement Mechanisms

PERMENLHK P.83/2016 authorized administrative sanctions for:
- Failure to implement management plans
- Unauthorized forest conversion
- Violation of harvest quotas
- Non-submission of required reports

Sanctions range from written warnings to permit revocation, depending on severity and recurrence.

VII. Conclusion

PERMENLHK P.83/2016 represented a landmark consolidation of Indonesia's social forestry legal framework, unifying five distinct schemes under a single regulatory instrument. By providing 35-year management rights across 12.7 million hectares, the regulation aimed to resolve longstanding tenurial conflicts while promoting sustainable forest management and rural welfare.

Key Achievements:
1. Legal access to state forests for millions of community members
2. Unified framework reducing regulatory fragmentation
3. Long-term tenure security encouraging community investment
4. Facilitation support enabling community participation

Persistent Challenges:
1. Bureaucratic complexity in verification processes
2. Customary forest recognition dependent on slow regional regulation issuance
3. Technical capacity gaps requiring sustained facilitation
4. Coordination challenges between national and local authorities

Regulatory Evolution:
While P.83/2016 is no longer fully valid, having been superseded by PERMENLHK No. 11/2020 and No. 9/2021, it established the foundational principles and architecture for Indonesia's social forestry program. Subsequent regulations have simplified procedures, expanded eligibility, and addressed implementation barriers, demonstrating adaptive regulatory improvement.

For practitioners, communities, and policymakers, understanding P.83/2016's framework remains essential for interpreting current social forestry regulations and appreciating the policy evolution toward more inclusive and effective community forest management in Indonesia.

Word Count: 1,847 words (20 paragraphs)

Sources:
- PERMENLHK P.83/2016 at BPK Legal Database
- CIFOR-ICRAF Social Forestry Application Guide
- Social Forestry Overview - Lindungi Hutan
- Social Forestry Policy Analysis - Hutan Institute

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