Appendix 2: Policies and laws pertinent to Sumatran orangu- tans and their habitat
Goal Protect the Sumatran orangutan
Protect endangered species Indonesian domestic and international policy and laws
Kinshasa Declaration on Great Apes signed by Indonesia in 2005 and Indonesian National Orangutan Conservation Strategy and Action Plan 2007-2017, endorsed by Minister of Forestry Regulation No. P.53/Menhut-IV/2007 and launched by the Indonesian President.
Law number 5 year 1990, on the Conservation of Natural Living Resources and their Ecosystems, and Government Regulation number 7 year 1999, on the Conservation of Wild Flora and Fauna. Te latter formally lists the orangutan as a protected species. Convention on Biodiversity; Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES, orangutans are in Appendix I).
Ensure correct management
Natural Resource Utilisation : All activities that utilise natural resources should be managed according to the Environ- ment Protection and Management Law (number 32 year 2009)
Environment impact assessment: An EIA is a compulsory pre-requisite for all businesses and activities that might have a significant or important impact on the environment (Government Regulation number 27 year 1999).
Water catchments: At least 30% of all river catchments must be covered by forest (Law number 26 year 2007 on Spatial Planning). Minister of Agriculture decree No. 837/Kts/Um/11/1980 on determination of forest lands to be protected for maintenance of hydrological services based on a scoring system that incorporates slope, soil type and rainfall inten- sity. Te Spatial Planning Law (number 26 year 2007) requires that all lands with a score of 175 and above be protected.
Peatland regulation: Peat of more than 3 m deep is protected. (Minister of Agriculture decree number No. 14/Permen- tan/PL.110/2/2009 and Presidential decree number 32 year 1990).
Climate: Kyoto protocol on climate change and Indonesian Presidential Statement to reduce greenhouse gas emissions by 26% by 2020.
Land slope and Elevation: All forest lands above 2000 m above sea level or with a slope of 40% are considered national protection forests (Government Regulation number 26 year 2008 on National Spatial Planning).
River banks: A strip of 100 m from large riverbanks and 50 m from smaller riverbanks should be protected, in unpopu- lated areas (Presidential decree number 32 year 1990 and Government decree number 26 year 2008 regarding National Spatial Planning).
To protect critical habitat
Leuser Ecosystem: Established in 1998 by Presidential Decree No.33, it includes the smaller Gunung Leuser National Park within it. Law number 11 year 2006 on Governance in Aceh province states that no level of Government is al- lowed to issue licences for forest exploitation inside the Leuser Ecosystem (meaning logging concessions and planta- tions, including industrial tree crops), or any new land use rights within it that conflict with conservation and sustain- able development; In 2008, Government Regulation number 26 year 2008, based on the spatial planning law (number 26 year 2007, established the Leuser Ecosystem in Aceh as a National Strategic Area, for its importance in conserving biological diversity and as a water catchment for 4 million people. Tis makes it a criminal offence for any infrastructure developments, forest exploitation, etc to be developed within the Ecosystem’s borders
World Heritage Convention: To ensure, as far as possible, the proper identification, protection, conservation and pres- entation of the world’s heritage, Indonesia ratified the World Heritage Convention in 1989. Due to its exceptional qualities, the Gunung Leuser National Park, as part of the Tropical Rainforest Heritage of Sumatra WHS can be considered to be of “outstanding universal value” and as such worthy of special protection against the dangers which increasingly threaten it.
Post-tsunami Master Plan: Te rehabilitation and reconstruction post-tsunami master plan for the province of Nang- groe Aceh Darussalam and Nias Island, agreed by the Indonesian people and authorities in 2005, emphasises the need for the development of a coastal green belt buffer zone to mitigate future risks to people and infrastructure.
To improve ecologically based spatial planning construction
Law Number 32 year 2009 on Environmental Protection and Management accommodates a regulation to provide a Study for Strategic Environment compulsory pre-requisite for all level spatial planning (national, province and dis- trict). Tis study shall examine the sustainability and capacity of natural resources.
Public Works Ministry Decree No. 20/PRT/M/2007 on Technical Guidelines for Physical, Environmental, Economi- cal and Social Cultural Analyses within the Framework of Spatial Planning. To develop an eco-friendly spatial pattern and spatial structure within spatial planning this should be based on the carrying capacity of land resources such as morphology, slope, waste capacity, water availability, disaster risk, land accessibility, and land stability.
Public Works Ministry Decree No. 41/PRT/M/2007 on Technical Criteria Guidelines for Cultivation Area: To ensure proper deliniation of cultivation area that are different to protection area. Cultivation area is a region whose main func- tion is to be cultivated based on conditions and its natural resource potential, human resources, and artificial resources.
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