JPIK Newsletter: Implementation of SLVK in Indonesia

Edition: August - December 2015

Jl. Sempur Kaler No. 62 Bogor Jawa Barat, 16129 Indonesia Telp : +62 251 8333 308 Fax : +62 251 831 7 926

Table of Content 2 8 11 15

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The Development of Regulation Related to Implementation of Timber Legality Verification System in Indonesia

Back-Door Relaxation of Legal Timber Scheme Weakens Forest Governance Reform, Threatens EU Market Access for Indonesia’s Furniture Exports, and Undermines Brand Indonesia

Disobedience of TLAS, Provisions Disavowal of Forest and Peatlands Protection

JPIK in Climate ChangeConference in COP 21 UNFCCC: Important Role & Challenge of Independent Monitoring to Empower SVLK

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JPIK Monitors SVLK Implementation in North Sumatera, North Kalimantan, and North Maluku Publication for Applying SVLK’s Cerfication Has Not Fully Implemented JPIK Monitors SVLK Implementation in North Sumatera, North Kalimantan, and North Maluku Police’s Passive Response to Complaints for Illegal Logging Indication in Central Kalimantan Forgery of Timber Legality Certificate (S-LK) in East Java

JPIK National Meeting 2015

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The Development of Regulation Related to Implementation of Timber Legality Veriication System in Indonesia By: Arbi Valentinus (FLEGT-VPA National Expert) TLVS as an Indonesia Pioneer Timber Legality Veriication System (SVLK) in Indonesia (known as SVLK) is an instrument to good governance by veriicate the certainty about harvesting the legal wood, transporting, processing, trading by foresty business in Indonesia. The implementation of this system is in accordance with a goal of illegal logging and illegal timber trade’s eradication, which stand along with law enforcement. SVLK built by Indonesia with initiative and action from multisector since 2001 -NGO and civil society groups including indigenous people, businessmen/ private sector, academicians/university, government, and also forest sustainability caretaker- which leads into a regulation of Forestry Minister (Permenhut) P.38/2009 in the year of 2009.

For export purpose, V-Legal1 Document is a main component of SVLK’ full application, as a customs declaration which explained the legal capacity of forestry products’ that exported from Indonesia. V-Legal Document issued by Veriication Institution for Timber Legality (LVLK) as a part of wood legality certiication.

The valid regulation that related to the implementation of SVLK are Permenhut 43/2014 juncto ( jo) PermenLHK 95/2014 issued by Ministry of Environment and 1 V-Legal Document means a legal veriication, either as an export license (V-Legal Document) or stamped V-Legal in a product, packaging, and/or transportation documenation.

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Forestry. (previously was Ministry of Forestry), Permandag 89/2015 –replacing Permendang 97/2014 jo 66/2015– a provision about export of forestry goods and Permendag 97/2015 –replacing Permendag 78/2014 jo 63/2015– provision about importing forestry goods which issued by Ministry of Trade, and also Peraturan Presiden 21/2014 about ratiication FLEGT-VPA. The implementing regulation from Permenhut 43/2014 jo PermenLHK 95/2014 (SVLK) and export provision as in Permendag 97/2014 is Perdirjen BUK P.14/2014 jo P.1/2015.

(Note: for Document V-Legal refer to Annex 7 Perdirjen BUK), along with Surat Edaran Dirjen BUK SE.14/2014 about the implementation rules to carry out SVLK. On the other hand, for import sector, the implementation rule from Permendag 78/2014 is Perdirjen PHPL P.7/2015 about the implementation practice of due diligence, issuance of import declaration and import recommendation for forestry goods.

Acceptance and International Support Government undertakes acceptance and international support to SVLK. At the same year with the release of Permenhut P.38/2009, Indonesia and European Union (EU) were in the middle of negotiating a partnership about Forestry Law Enforcement, Governmenance and Trade (FLEGT). Both sides were inally agreed to bind it into a Voluntary Partnership Agreement (VPA) on 30 September 2013.

In this case, SVLK is a key point in the VPA where this system accepted as a veriied system in terms of legality assurance of Indonesian wood products, also an innovation to prevent illegal logging and illegal log trading (http://silk.dephut.go.id/app/Upload/ hukum/20140715/4113c610651757feb3347a29f3bdb38c.pdf).

VPA has been ratiied from both sides, either Indonesia or European Union in April 2014 –Indonesia: through Presidential Decree 21/2014– and carried out on 1 May 2014; with current status as a last step of SVLK full implementation assesment to apply the application permit of FLEGT as a concrete embodiment of international acceptance and a support to a continous good governance.

Agreement is also made from another important state markets are Australia, Japan, United States, South Korea, and China. Australia, as an example has acceded to the treaty Country Spesiic Guideline (CSG) that based on SVLK. (http://silk.dephut.go.id/app/Upload/informasisvlk/20150225/ e515d2065415391cd964319b97d28090.pdf).

Newest Provision in the Current Regulation The updated point that written in the Permenhut 43/2014 jo PermenLHK 95/2014 and Perdirjen BUK P.14/2014 jo P.1/2015 is the executable provisions about Confromity Declaration (DKP) and Export Declaration.

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Confromity Declaration (DKP), a part of SVLK, can be applied to logs and log products that came from private forests (not a type of natural log), with logs distribution comes from the certiied private forest that has S-LK. This might be a consideration to circulate “low risk” log products which is applicable to private forests, registered shelter (TPT), small-scale industry (IKM) or industries that produce or use low risk log as their raw material. The recipient of log or its products that uses confromity declaration (DKP) is obliged to do a check/examination to ensure the information’s justiication and validity that spread with DKP. For export purpose, Document V-Legal uses for exporter that has S-LK (processing industry or business unit trade/exporter-nonproducer) with the guarantee for legality assurance through veriication by Institution for Timber Legality Assurance (LVLK).

Export Declaration (DE) is not a part of SVLK, only a customs declaration that is an alternative to V-Legal Document. This is written in agreement within 3 ministers –Environment and Forestry Minister, Minister of Trade, and Minister of Industrial Afairs– as a temporary mechanism outside SVLK, which is efective on 1 January to 31 December 2015. This applies to Furniture and Crafts’ small-scale Industry (15 tarif shelters in Group B) that didn’t have timber legality certiication (S-LK), in terms of export purpose, goes along with a qualiied source with S-PHPL (Certiicate of Sustainable Management of Production Forest Management)/S-LK/DKP. This DE is a temporal mechanism to make a transition to SVLK, via V-Legal Document. This temporal mechanism has deprived with the enactment of Permendag 89/2015 as the export provision of industrial forestry goods.

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Permendag 89/2015, about export provisions for forestry goods, has the recent update for instance mechanism removal for registered exporter of forestry industrial products and so does temporary mechanism of Export Declaration (DE); previously until 31 December 2015, replaced with Provision Article 4 clause 2. Note: Permendag 89/2015 established on 19 October 2015 and applicable 30 days since the establishment date.

Article 4 clause 1 and 2 Permendag 89/2015 stated that in clause 1: Export for industrial forestry goods as explained in article 2 clause 2 categorize as Group A is mandatory to be documented with V-Legal document that issued by LVLK; clause 2: Export for industrial forestry goods as explained in article 2 clause 2 categorize as Group B might not be documented with V-Legal Document but should be attached with documentation proving that the raw materials come from supplier that S-LK certiied or accordance with the good governance provisions of forestry products as written in the law. The clear application is currently in reevaluation process (as for customs’ sake) and might be re-evaluate a further explanation for instance in accordance with Presidential Decree 21/2014 which has issued. (related to ‘products coverage’ in the Annex I for VPA) The application’s continuance of Article 4 clause 2 Permendag 89/2015 so far shows in ‘Circular’/ Explanation from Head of Foreign Trade, Ministry of Trade, which is an explanation on Provisions Regulation of the Minister of Trade Number 89/M-DAG/PER/10/2015 to Number: 1912/DAGLU/SD/11/2015 dated 18 November 2015 and Number: 1920/DAGLU/SD/11/2015.

(Circular Letter Number: 1920/

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DAGLU/SD/11/2015 is downloadable http://silk.dephut.go.id/index.php/ article/vnews/135).

This brings concern to several parties, especially cross-ministry, related to agreement 3 ministers also the implementation plan of SVLK in terms of V-Legal Document (or similar to FLEGT permit as a framework of VPA joint venture) in the near future (2016). Note: As per PermenLHK 95/2014, V-Legal Document is efective per 1 January 2016; included 15 tarif booths for forestry products, furniture and crafts that previously stated in Annex 1B Permendag 97/2014 (now refer to annex 1B Permendag 89/2015).

As in Permendag 97/2015 – replaced with Permendag 78/2014 jo 63/2015– and Perdirjen PHPL P.7/2015 about importing forestry goods, the revision are (i) ‘the enactment date’ changed to 1 January 2016 (measuring law and its enterpreneurs’ readiness to be implemented), and (ii) clariication for terms and conditions of due diligence as a foundation for issuing import declaration and import recommendation (KLHK) that afterwards become a ground rule for import approval (Kemendag).

Importing forestry goods guarantees with DKP (logs distribution from the starting point/harbor to industrial point or registered shelter (TPT) or even in the warehouse) which in accordance with data and result from due diligence will be a foreground of Import Declaration, Import Recommendation and Import Approval. In connection with Permendag 97/2015 about import provisions, it is planned to establish circular from Director General Sustainable Management of Forest Products KemenLHK. Presidential Decree 21/2014 about FLEGT-VPA ratiication encompasses

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the brances of FLEGT-VPA agreement. Things that are in scope of the agreement contains products type in FLEGT permit (Annex I VPA), legality deinition that includes standardize legality veriication for industy (Annex II VPA), implementation of FLEGT permit (Annex III and IV VPA), explanation of legality guarantee system and its role of each elemets (government, accreditation institution, legality veriicator, auditors, and independent monitors) also reconciliation for each supply chains (Annex V VPA), application assesment of SVLK as a ground rule of FLEGT’s implementation (Annex VIII VPA).

Annex VI VPA contains periodic evaluation (PE), Annex VII VPA contains

independent market monitoring (IMM) so does social safeguard which underlie ‘Impact Monitoring’ (in Article 12 VPA). Annex IX VPA contains the transparency of public information (as a main component in VPA for SVLK’s implementation monitoring, also for Record of Discussion/RoD from Joint Implementation Committee/ JIC and annual report as the other instruments of VPA).

Additional Information: Annex I VPA about scope of products has been in accordance with Permendag 97/2014 (Annex 1A and 1B Permendag); Annex II and Annex V VPA about SVLK has been in accordance with Permenhut 43/2014 jo PermenLHK 95/2014 and Perdirjen BUK P.14/2014 jo P.1/2015; Annex IV VPA

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about FLEGT permit has been in accordance with Annex 7 Perdirjen BUK P.14/2014 jo P.1/2015; Annex VIII VPA about assesment for implementation readiness which includes export license (V-Legal Document) has been in accordance with Annex 7 Perdirjen BUK P.14/2014 jo P.1/2015 and import provisions in accordance with Permendag 78/2014 also Perdirjen PHPL P.7/2015; and Annex IX VPA has been in accordance with UU 14/2008 about transparency of public information.

Renewal Draft for Provisions of SVLK Implementation In compliance with continous good governance, recently there undergoes a multifactor process to elaborate renewal draft

UU 32/2009 about forest conservation and management, UU 18/2013 about forest’s prevention and eradication, also Presidential Decree 21/2014 about establishment of FLEGT-VPA. Related to subject/auditee, the draft renewal will cover the permit of harvesting woodlands (IPHHK), KPH, IPPKH, timber utilization by mining permit (IPPKH), village-owned forest, and timber processing industry (IPKR).

for provisions of SVLK implementation (in drafting progress), especially to revise for Permenhut 43/2014 jo PermenLHK 95/2014 also to change Perdirjen as the guidance.

This renewal provisions will contain a preamble update, terms that related to the contens especially for the subject and auditee, monitoring process, Raw Materials Legality Veriication (VLBB), an advanced step for fraud report from timber legality veriication result, and also provisions for multi-location and group certiication.

A preamble update in the renewal draft have coverages of UU 13/2006 jo 31/2014 about witnesses and victims’ precautions, UU 14/2008 about Transparency of public information,

Regarding Raw Material Legality Veriication (VLBB), it will be put as temporary or transision mechanism. VLBB applied to distributors that haven’t been S-LK/DKP, with assurance that logs come from source with S-PHPL/SLK/DKP certiicate from Timber Legality Veriication Institution (LVLK). This case is similar to in technical level, which considers an efort to prepare the application of FLEGT permit in nearby future (in terms of VPA).

In terms of ‘unfulillment’ in timber legality veriication, auditee should complete the inexpediency indings for later they could re-apply for certiication application,

either to the previous veriication institution or the new one.

In accordance with multilocation certiication and group certiication: Multilocation Certiication can be assigned to owner of Private Forests’ and owner rights of land management (HPL). The multi-location certiication done by sampling to ‘members’ of the multi-location certiication, with consequences of cancellation if there’s a stepping back action or unfulilled requirement from the ‘members’ of multilocation certiication (including the follow-up of complaints’ report). Group Certiication applies to Private Forests’ Owner and owner rights of land management (HPL). Group certiication can be done by census to its ‘members’ of group certiication, if a bailing-out happens, they could be taken out of the group certiication therefore the certiicate is still valid (after removing the bailing member).

Related to monitoring: the renewal draft will cover things related with information access, security guarantee, and inancial support.

Concluding Chapter Thus, as a concise development, to accomplish the perfect implementation of SVLK should be strengthen its application and entirely execute the explanation above, as a continuance to good governance and to be internationally accepted and supported yet to eradicate illegal logging and illegal timber trade.

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Jpint Press Release : JPIK dan EIA

Back-Door Relaxation of Legal Timber Scheme Weakens Forest Governance Reform, Threatens EU Market Access for Indonesia’s Furniture Exports, and Undermines Brand Indonesia JAKARTA & LONDON, NOVEMBER 2ND 2015. The last minute exemption of 15 product-groups from Indonesia’s timber legality verification system (SVLK) threatens to block EU market access for these products, delay or sabotage a longnegotiated EU-Indonesia timber trade agreement, and undermine Indonesia’s forest industry reputation, NGOs have warned.

The warning, from Indonesia’s Independent Forest Monitoring Network (JPIK) and the London-based Environmental Investigation Agency (EIA), followings the 19th October passage of Trade Minister Regulation No 89/M-DAG/PER/10/2015, which substantially weakens the SVLK. Under Indonesia’s SVLK (Sistem Veriikasi Legalitas Kayu – Timber Legality Veriication System), all wood products exporters’ operations must be audited for compliance against a legality standard covering raw material inputs and factory or trade practices. Positive audit results are rewarded with so-called VLK certiicates enabling them to acquire a “V-Legal document”, an export license legally required to export wood products.

While this system applies to exports to all markets, it is also the foundation of a © FWI.or.id

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long-negotiated Voluntary Partnership Agreement (VPA) between Indonesia and the EU. Once the VPA is activated, timber products without associated V-Legal documents will be rejected at EU ports, and cannot be sold on the EU market. Similarly, products accompanies by V-Legal documents will also be exempted from the EU Timber Regulation (EUTR), which prohibits illegal wood in the EU and requires EU companies to conduct due diligence on wood products purchases. As such, V-Legal documents are the crucial key for Indonesian exporters seeking to unlock EU market access.

The new regulation permanently exempts all exporters of 15 wood product customs codes (HS Codes) from the requirement to undergo SVLK audits, while maintaining their ability to export. While exempted companies – many of which have multi-million dollar exports – must still use SVLK certiied wood, no checks that they do so

will be required, providing signiicant opportunities for laundering uncertiied or illegal wood into supply chains.

The Ministry of Trade exemptions have been vociferously opposed by Indonesia’s Ministry of Environment and Forestry, and have similarly prompted the EU’s Ambassador to Indonesia to raised concerns in a 23 October letter to the Trade Minister.

“The Trade Minister Regulation introduces structural inconsistencies in Indonesia’s long-term eforts to improve forest governance through implementation of the Timber Legality Veriication System (SVLK), and threatens the proposed scope and timeframe for the implementation of the Indonesia-EU Voluntary Partnership Agreement (VPA)” stated Zainuri Hasyim, JPIK National Coordinator.

Faith Doherty, Forest Campaign Leader at

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EIA agreed, saying “the Trade Ministry Regulation introduces an eleventh-hour back-door exemption for an elite group of companies with friends in high places.

It violates the aims and mechanisms underpinning both the SVLK and the VPA. The consequence is that either the VPA must be re-negotiated, the SVLK licensing system must be redesigned, or the exempted companies are structurally blocked from accessing the EU market. This bad regulation – ironically produced to hasten deregulation – needs to be ammended immediately.”

The Indonesian Government is planning to announce VPA implementation as a headline ofering at the UN climate change talks in Paris in December, at a time when major forest ires in Indonesia have produced more carbon emissions than Japan does in a year, and which have on occasion surpassed the daily emissions output of the entire United States.

Editor’s Note: • JPIK (Jaringan Pemantau Independen Kehutanan) is an independent Forest Monitoring Network established on September 23th 2010 by a network of 29 NGOs stretching from Aceh to Papua. JPIK’s core mandate is to monitor and strengthen the SVLK and its implementation, as a key tool in bringing about better forestry and trade governance.

• EIA (Environmental Investigation Agency) is an independent UKbased campaigning organisation committed to bringing about change that protects the natural world from environmental crime and abuse.

• The SVLK (Timber Legality Veriication System) is a mandatory requirement for all timber producers, processors and exporters to be independently audited for compliance with a Legality Veriication standard that includes criteria, indicators, veriiers, veriication methods, and assessment norms developed through a multistalkeholder negotiation process.

• V-Legal documents certify that timber products for export fulill the timber legality veriication standard embodied in the SVLK. • A Timber Legality Veriication Agencies (LVLKs) are independent legal entities that verify timber legality against the SVLK and issue V-Legal Documents under license from the Ministry of Environment and Forestry.

• The Voluntary Partnership Agreement (VPA) is a major component of the 2003 EU Forest Law Enforcement, Governance and Trade (FLEGT) Action Plan. The Indonesia-EU VPA and has been negotiated by the Government of Indonesia and the European Union since 2007, was signed on September 30, 2013, and ratiied by both parties in 2014.

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Joint Press release JPIK with FWI

Disobedience of TLAS, Provisions Disavowal of Forest and Peatlands Protection © Nanang Sujana

Disobedience for the application of TLAS and provision disavowal for forest found in the implementation.

Government should retighten the supervision and grant it with penalty for companies that evidently disobey the implementation of TLAS. JAKARTA, DECEMBER 22TH 2015.

Timber Legality Assurance System (TLAS) built by Indonesian government to prevent illegal logging or illegal log trading. SVLK’ implementation is an attempt to a forestry good governance in Indonesia.

SVLK’ is mandatory to each forestry companies from upstream to downstream level. Implementation of SVLK requires companies to obey the rules, such as avoid social conlict with society near consession, not using log from the conservation forest and not using log that isn’t certiied SVLK. These three aspects are some of the prerequisite to pass veriication process.

An assesment made

by Independent Forest

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“A penalty should be given to companies that disobey SVLK either in upstream and downstream level,” Muhamad Kosar, Dinamisator JPIK. Monitoring Network (JPIK), FWI, KSPPM, PW, and AMAN in North Maluku found that several companies are disobedient to the implementation of SVLK especially in North Sumatera, North Kalimantan and North Maluku. “A penalty should be given to companies that disobey SVLK either in upstream and downstream level,” said Muhamad Kosar, a JPIK Coordinator.

Up until now, conlicts still raise between society and HTI company, PT. Toba Pulp Lestari (PT. TPL) in Simalungun District, North Sumatera. Illegal logging and mugging to a indigenous people’s owned incense forest to PT. TPL is a trigger to conlict and deprive the society’s source of life. Another inding from the assesment is PT. TPL also did a logging along the river and conservation forest

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in their consession.

HTI company, PT. Adindo Hutani Lestari in Nunukan District, North Kalimantan is surprisingly disobey to SVLK provision. On the consession, PT. Adindo Hutani Lestari found an illegal logging and opening new area that is in an inner peatland area.

“Opening new area in an inner peatland area and harvesting in conservation area is clearly against SVLK

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provisions,” explained Kosar in a press conference. Other than that, this company has an indication for forcely occupy community’s land as a result from unclear bordering and not crossing FPIC (Free Prior and Informed Consent).

Disobedient indication found in the distribution chain from the log supply in primary wood industry on the downstream level. One of the identiied companies is PT. Panca Usaha Palopo Plywood in the Luwu District, South Sulawesi. This biggest timber company in Sulawesi has an indication of receiving big pile of woods from uncertiied source. HPH PT. Mohtra Agung Persada in Halmahera Tengah District, Norh Maluku is their supplier.

Data from Industrial Plan for the Fulillment on Raw Materials (RPBBI) until November 2015 showed that PT. Panca Usaha Palopo Plywood still receiving woods from PT. Mohtra Agung Persada for 10.155,11 m3. This shows the lack of supervision related logs distribution from the government. “RPBBI Documents from KLHK should preserve the consumption of legal logs for industrial level,” said Mufti Barri, campaign spokesperson FWI. “Forest convertion without any SVLK from PT. Mohtra Agung Persada leads to a conlict and impact to power support in Central Halmahera. Lack of information access related to company’s activities is the main obstacle for society’s supervision.

Information transparency in managing forest is the key for society to know which legal and illegal company.” as a closure statement from Mufti on his press conference.

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Editor’s Note: • Forest Watch Indonesia (FWI) is an independent forest watch which individually committed to make implementation of datas and informations about Indonesian forests widely open so that guarantee the prolong goods processing.

• JPIK is Independent Forest Monitoring Network which established on 23 September 2010 that concerned and declared by 29 NGOs and NGO network that actively supervise the implementation of timber legality assurance system in Indonesia from Aceh to Papua.

• the Indigenous Peoples’ Alliance of the Archipelago or AMAN is an independent social organization (ormas) that consists of local community throughout the nation • Kelompok Studi dan Pengembangan Prakarsa Masyarakat (KSPPM) is centre and civil advocacy in North Sumatera • Internal policy about Zero Deforestation impose by company group of Asia Paciic Resources International Ltf (APRIL), Raja Garuda Mas Group (RGM) which its subsidiary company like PT. Adindo Hutani Lestari and the afiliation PT. Toba Pulp Lestari should implicate the policy. Forest and peat-

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lands conservation is part of zero deforestation PT. Panca Usaha Palopo is a downstream level of woods processing industry. This company gets the Timber Legality Certiicate (S-LK) from the Certiication Institution PT. Mutu Agung Lestari with certiicate number LVLK-003/MUTU/LK-031 PT. Toba Pulp Lestari has SVLK Certiicate/PHPL issued by PT. Ayamaru Sertiikasi PT. Adindo Hutani Lestari has PHPL certiicate from PT. Sarbi International Certiication on October 21, 2013 that valid until October 20, 2018 PT. Mohtra Agung Persada is a licensed company with IUPHHK-HA/ HPH according to SK.400/Menhut-II/06 dated July 19, 2006. In the practice, PT. Mohtra Agung Persada hasn’t had SVLK certiicate. In November 2015, community coniscates pile of logs produced by PT. Mohtra Agung Persada (Ref: http:// portal.malutpost.co.id/en/daerah/ halteng/item/8158-kecewa-warga-messa-sandra-kayu-milik-ptmohtra-agung). Certiication Institution PT. Lambodja Sertiikasi announced that plan to take timber legality certiication in November.

JPIK in Climate Change Conference in COP 21 UNFCCC: Important Role & Challenge of Independent Monitoring to Empower SVLK By: Zainuri Hasyim

SVLK’s contribution for reducing gas emission of greenhouse efect which might be through from illegal logging. Meanwhile, industrial personnel claimed that they gained proit from the implementation of SVLK. Putera Parthama (Dirjen PHPL KemenLHK)

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Climate Change Conference in COP21 UNFCCC that held in Paris, November 23th to December 12th, 2015 concerned about SVLK as an instrument for forestry good governance which gives and impact for reduce gas emission of greenhouse efect.

A panel discussion with the subject “Timber Legality System for Environment Improvement” took place in Indonesian Pavilion on December 5th 2015. Zainuri Hasyim, a JPIK Coordinator invited as a speaker together with Putera Parthama (DirectorateGeneral PHPL KemenLHK), Agus Sarsito (MFP), and industrial and furnitures’

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businessmen. Luca Perez, Policy Oicer of DG Environment Commission also attended the discussion that organized by KLHK and MFP. Putera emphasized that SVLK’s contribution for reducing gas emission of greenhouse efect which might be through from illegal logging. Meanwhile, industrial personnel claimed that they gained proit from the implementation of SVLK. On the other hands, Luca Perez, as a representative from EU, compliments the big achievement of Indonesia in developing and reining SVLK by contributes private sector

and civil society. EU hoped that FLEGT can accomplish the ultimate mission in upcoming years.

JPIK underlined the important role of independent monitoring is to strengthen SVLK’s accountability. JPIK claimed that challenges they’re facing are lack of information access, security protection for the observer, lack of coordination between the centre and its provinces, and also level enhancement of the regulation.

Those challenges have been coped by JPIK a SVLK’s independent

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monitoring. As an example that two diferent opinion from two ministries against SVLK that currently need to clarify. Upgrading level of SVLK (from Minister Policy to Government Policy) might be the possible solution.

JPIK hoped that the solution arise for those obstacles along with the execution of SVLK might translucent in cooperation between Indonesia and European Union. The fervor of the government to embrace SVLK, either regulation or implementation in the ield, is a proof to improve forests good governance in Indonesia.

JPIK Monitors SVLK Implementation in North Sumatera, North Kalimantan, and North Maluku By : Muhammad Kosar © FWI.or.id

Picture 1 Damaged Peatlands.

For the purpose of assuring PHPL, JPIK monitors Business Permits for Timber Forest Production Utilization-Industrial Plantation Forest (IUPHHK-HTI) PT. Toba Pulp Lestari in North Sumatera and PT. Adindo Hutani Lestari in North Kalimantan.

Monitoring began in August - September 2015, in North Sumatera JPIK colaborate with Kelompok Studi dan Pengembangan Prakarsa Masyarakat (KSPPM) as one of an active institution of providing community assistance around consession area PT. Toba Pulp Lestari and Yayasan Leuser Picture 2 Uncertiied Pile of Logs.

Lestari (YLL) as a focal point of JPIK North Sumatera.

As a result from ield monitoring, eventhough HTI PT. Toba Pulp Lestari and PT. Adindo Hutani Lestari has a PHPL and VLK certiicates, but that hasn’t fully guaranteed that they are not involve to illegal activity. From ield monitoring shown activities that caused a convertion of natural forest, social and land conlict, decreased land and capacity and quality of water from both of HTI companies.

Beside of that, in the same month, JPIK monitor IUPHHK-HA PT. Mohtra Agung Persada in North Maluku. This is a joined activity with the Indigenous Peoples’ Alliance of the Archipelago (AMAN) in North Maluku. The harvesting log from PT. Mohtra Agung Persada distributed it to be raw materials in timber primary industry with destination Palopo, Buru, Kuala Kapuas, Banda Luwu, Tidore, Lampung, Surabaya, Gresik and Tanjung Priok.

V-Legal documentation is not found in the logs’ body or an aidavit of log legality (SKSKB), even worse there hasn’t been any documents found related with certiication process to that company.

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© Dmitry Mayatsk

PHPL) and Timber Legality Assurance (VLK) coducted by Assesment Institution for Sustainable Management of Forest Products (LPPHPL) or Veriication Institution on Timber Legality (LVLK) as per in Permenhut 43/2015 jo PermenLHK 95/2014.

Publication for Applying SVLK’s Cerfication Has Not Fully Implemented

As a part of strengthening SVLK, the utmost point is open access and information for public. LPPHPL and LVLK play a role to provide access and information to management unit that will have an evaluation. The usable access and information is an important aspect to monitor performance appraisal PHPL and timber legality veriication done by JPIK as written in Annex 4 Perdirjen BUK P.14/2014 about independent monitoring guidance which independent monitoring has rights to access necessary document or public information as their support.

Yet in application of LPPHPL and LVLK neglect to provide an access to public documents or information required to independent monitoring. JPIK as an independent monitoring complain to LPPHPL and LVLK about providing access

By: Dhio Teguh Ferdyan

To accomplish JPIK’s active contribution in forestry good governance, is contribution to ensure credibility and accountability of SVLK implementation. As an example for strengthen SVLK is monitoring by Performance Assessment of Sustainable Management of Forest Production (PK-

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© Chriss

and information. One of the mentioned information on complaints from JPIK is lack of announcement for evaluation plan or evaluation result that is not published to the portal of Timber Legality Information System and Ministry of Environment and Forestry.

From JPIK monitoring to SILK website and ministry, it’s found several LPPHP and LVLK without th evaluation plan and result, as written in Annex 3.1 Perdirjen BUK P.14/2014 about Guidelines of Performance Evaluation of Sustainable Forest Management: F.8.

G.12.

G.13.

Result of the decision followed with result of appraisal can be read through ministry’s website (www.dephut. go.id dan www.silk. dephut.go.id) dan website LPPHPL LPPHPL published every publishing, modification, congelation, amandment and termination of S-PHPL (also for S-LK) in the LPPHPL website and ministry’s website (www. dephut.go.id and silk. dephut.go.id) at least 7 (seven) days after the decision The publication of S-PHPL (so does S-LK) should be attached with resume of auditee, an audit result which contains the information concerning LPPHPL’s identity, auditee’s identity and assessments’ result that has a justiication for every PHPL indicator and every LK’s veriier that refers to reporting guidelines as written in the provisions

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Police’s Passive Response to Complaints for Illegal Logging Indication in Central Kalimantan By: Wancino (JPIK Central Kalimantan)

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JPIK eforts in monitor the credibility of SVLK keep ongoing to maintain the implementation of SVLK in the ield. One of them is to monitor forestry management that indicates fraud. As a further action embodied in a direct report to several institutions like ministry and its related, even to police department if contains criminal case.

JPIK Central Kalimantan has an undergo case study related to permit sector’s fraudulence and provisions in Central Kalimantan –a leading zone for forest fraudulence– explained in this report:

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•

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Law breaking to plantation permit, logs and environment made by companies that opens a new land in several areas in Central Kalimantan, is the richest rainforest in Indonesia An obvious linkages between series of palm consession, a corrupted head of region and one of the embezzlement of the well-known politican lately An embezzlement endeavor from several palm companies to authorities amounting million rupiah to stop the investigation of illegal activities related to that company The betrayal of local government to indigenous people and facilitate a profound diversion of the local resources to the private sectors

uncontrollable IUIPHHK-HA. This creates a land conlict vertically or horizontally that includes businessmen and government. This conlict appears as a result of a limited public access from the government especially in terms of intransparency permit that took away indigenous people’s rights.

In tracing of those indings, JPIK Central Kalimantan reports to the police which are Polres Gunung Mas and Polres Lamandau to later process the indings from JPIK Central Kalimantan to the companies that illegally converts forest in both areas. Nonetheless, from the passive response from both police, JPIK Central Kalimantan initiates to forward it to Regional Police Central Kalimantan. On November 7, 2015 JPIK Central Kalimantan has an opportunity to forward the report about forest converting and corruption for land permit to 4 palm plantations to the Police Headquarter.

Result of monitoring made by JPIK Central Kalimantan found a new technique of illegal logging done in corporation with forest convertion in palm consession, also the

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Forgery of Timber Legality Certificate (S-LK) in East Java

Assumption of certiicate forgery found when LVLK Sucoindo did a re-certiication to PT. Usaha Loka in Malang on September 2015, where UD. Narda Jati Jaya is one of the suppliers PT. Usaha Loka. UD. Narda Jati Jaya enclosed the VLK cerftiicate; Timber Enterprise Association Jombang (APIK) number 072/LVLK-009/XI/2014 issued by LVLK Transtra Permada on November 24, 2014 where on the certiicate listed UD. Ika Jati, UD. Barokah, UD. Rimba Asri, UD. PK Mojopahit and UD Narda Jati Jaya as the associate. Meanwhile, the original certiicate of VLK APIK Jombang no. 072/LVLK-009/ XI/2014 issued in January 6, 2015 by LVLK Transtra Permada where APIK Jombang’s associates are UD. Ika Jati, UD. Barokah, UD Rimba Asri and UD Yani Indah Jaya.

By: Muhammad Ichwan (JPIK East Java)

Since the irst time SVLK implemented, there are several individuals take an advantage of SVLK to keep sell and trade illegal logs either from natural forest or plantations. This happens in East Java in September 2015; LVLK Sucoindo found an attempt to utilize SVLK with forgery the VLK certiicate by UD. Narda Jati Jaya in Desa Catak Gayam, Sub-district Mojoagung, Jombang.

Picture 2 Original Certiicate of APIK Jombang.

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Picture 3 Fake Certiicate of APIK Jombang.

Since the irst time SVLK implemented, there are several individuals take an advantage of SVLK to keep sell and trade illegal logs either from natural forest or plantations.

This counterfeiting exposed when one of PT. Usaha Loka’s supplier, which is UD. Ika Jati enclosed VLK APIK Jombang certiicate which difer from VLK APIK Jombang enclosed by UD. Narda Jati Jaya. Saw the diferences in these two certiicates caused a conirmation made by LVLK Sucoindo to LVLK Transtra Permada as the certiicate issuer and leaded to

conclusion that UD. Narda Jati Jaya wasn’t an associate to APIK Jombang.

VLK certiicate counterfeiting made by UD. Narda Jati Jaya was against the law and an example to weaken SVLK, which supposedly should be under supervision of several parties to reduce the opportunity for illegal logs inside SVLK’s system.

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JPIK East Java set this case as important to strengthen the law related to “Standard and Guidence for the Implementation of Sustainable Management of Forest Products’ Evaluation (PHPL) and Timber Legality Veriication (VLK), to reinforce the utilization of SVLK and limit the opportunity to weaken SVLK.

JPIK National Meeting 2015 National Meeting (Pernas) was held on September 16th -17th, 2015 is an annual high level meeting in JPIK

by National Coordinator (Dinamisator Nasional) to invite spokesperson from each Focal Points. The purpose of this National Forum is to consolidate and coordinate the network, also to evaluate and do a

stragic plan, then to choose National Coordinator, Board of Trustee, and JPIK’s Focal Point.

National Dynamist 1. Zainuri Hasyim 2. Christian Bob Purba 3. Muhamad Kosar

As a result from the National Forum, the new National Coordinator (Dinamisator Nasional), Board of Trustee, and 24 Focal Points have chosen. Here’s the result from Pernas 2015:

Board of Trustee 1. Arbi Valentinus 2. Mahir Takaka 3. Mardi Minangsari 4. Wirendro Sumargo 5. Ery Damayanti

Focal Point Focal Point

Nama Focal Point

Lembaga

Aceh

Juli Ermiansyah Putra Pena

jesputra@gmail.com

Sumatera Utara

Doni Syahputra

YLL

dony.saputra.m@gmail.com

Sumatera Barat

Mora Dingin

Qbar

mora_qbar@yahoo.co.id

Riau

Prasetya Aan

Yayasan Mitra Insani prast.fate@gmail.com

Jambi

Umi Syamsiatun

CAPPA

umi@cappa.or.id

Sumatera Selatan

Yuliusman

WBH

yoesplg@yahoo.co.id

Bengkulu

Martian Sugiarto

Ulayat

martian@ulayat.or.id

Lampung

Febrilia Ekawati

YKWS

bekantan28@gmail.com

Jawa Bagian Barat

Irwan Dani

PHMN

hanjuangmuda@gmail.com

Jawa Tengah - DIY

Andrianto

SPPT

andre6309@gmail.com

Jawa Timur

M Ikhwan

PPLH Mangkubumi

pplhmangkubumi@gmail.com

Kalimantan Barat

Baruni Hendri

Titian

baruni.hendri@gmail.com

Kalimantan Tengah

Wancino

Kaharingan Institute wancino@yahoo.com

Kalimantan Selatan

Juliade

LPMA

lewu_tatas@yahoo.co.id

Kalimantan Timur

Ahmad SJA (Among)

PADI

amonglumut@gmail.com among_lumut@yahoo.com

Kalimantan Utara

Kamirudin

GAPETA BORNEO

gami18@ymail.com

Sulawesi Selatan

Mustam Arif

Jurnal Celebes

mustamarif@gmail.com

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Email

Focal Point

Nama Focal Point

Lembaga

Email

Sulawesi Tenggara

Imanche Al Rahman

Komnas-Desa

imanche_alrahman@yahoo.com

Sulawesi Tengah

Rizal

Evergreen

rizalcadas@yahoo.com

Sulawesi Barat

M. Ikhsan Welly

Walhi Sulawesi Barat

yanmarindo_sulbar@yahoo.co.id

Gorontalo

Hasyim*

Sekretariat Nasional jpikmail@gmail.com JPIK

Papua Barat

Pietsau Amafnini

Jasoil

Papua

Lyndon Pangkali*

Sekretariat Nasional jpikmail@gmail.com JPIK

Maluku

Jean Hendry Souisa*

Sekretariat Nasional jpikmail@gmail.com JPIK

menawi2001@yahoo.com

* To be conirmed as a Focal Point of JPIK

PROFILE OF INDEPENDENT FOREST MONITORING NETWORK NATIONAL COORDINATOR Zainuri Hasyim, known as Zen, was born in Sumenep on 1974. He graduated from Univesity of Riau and now works as a Director of Yayasan Mitra Insani (YMI) and has actively being in JPIK since 2010. Since then, Zen is pointed as a Focal Point JPIK for Riau province. Zen’s capability and capacity is adequate for SVLK issue that made him a National Dynamisator IFMN on 2014 and still ongoing.

“Declare or keep on silence” is his life motto. Zainuri Hasyim could be reached through email: zainurihasyim@ gmail.com and phone: +62-811-754-409.

“Declare or keep on silence” 25

Muhamad Kosar, was born in Sukabumi on 1982. Kosar has involved in CSO’s world since 2000 as a founder of ABSOLUTE, an environment CSO in Sukabumi District. His national career in CSO started with Telapak as a volunteer on 2002. In 2010, Kosar pointed as a Focal Point JPIK for West Java Province. His active involvement especially for SVLK’s issue made him chosen as a Person of Inluence Nasional JPIK since September 2015. “Past is a relection, Present is a Challenge and Future is a Chance” is his life motto. He can be reached through email: mkosar@fwi.or.id and phone: +62-813-1872-6321.

“Past is a relection, Present is a Challenge and Future is a Chance”

Christian P. P. Purba, friendly known as Bob, was born in Pematang Siantar in 1972. This alumni from Institut Pertanian Bogor (IPB) started his career in CSO as a volunteer in Telapak since the mid 1998 that inally leads him as the Vice Director of Telapak. His prowess and concern to environment made him trusted as Executive Director of Forest Watch Indonesia (FWI) in 2004-2008, and 2013-now. As an active member of JPIK, Bob has given the authority to be a JPIK National Dynamist to make JPIK as a credible institution of independent forestry watch. “With willingness to work hard, at least something can be earned.” is his life slogan Christian ‘Bob’ Purba might be reached through email: bob@fwi.or.id and personal phone number: +62-812-110-5172.

“With willingness to work hard, at least something can be earned.”

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