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“Joint Statement: Tripa Swamp and the Complexity of the Problem – A Call from Civil Society Networks to Save Indonesia’s Biodiversity”

Indonesia actively demonstrates its commitment to global biodiversity conservation through participation in various international agreements and agreements. One form of this commitment is ratifying the Convention on Biological Diversity (CBD) which binds Indonesia to protect biodiversity from exploitation and destruction. Furthermore, Indonesia has also drafted Indonesian Biodiversity Strategy and Action Plan Indonesia actively demonstrates its commitment to global biodiversity conservation through participation in various international treaties and agreements. One form of this commitment is ratifying the Convention on Biological Diversity (CBD) which binds Indonesia to protect biodiversity from exploitation and destruction. Furthermore, Indonesia has also been drafted

Indonesia's active participation in the international biodiversity conservation agenda confirms its important role in global efforts to preserve life on earth. However, this commitment needs to be balanced with consistent implementation at the national level so that biodiversity conservation goals can be achieved optimally. This commitment positions Indonesia as an important actor in global efforts to protect biodiversity and preserve natural resources.

However, the irony behind this commitment is that there are major challenges in implementing conservation in Indonesia. The reality on the ground shows a very serious conflict of interest. The forest area regime is considered incapable of stopping the rate of destruction of natural resources and biodiversity in Indonesia, so far. Forest Watch Indonesia's records (2024) show that 90% of the destruction of natural resources in the form of natural forests occurs outside conservation areas, namely Protected Forest Areas, Limited Production Forest Areas, Permanent Production Forest Areas, Converted Production Forest Areas, and Other Use Areas. This indicates that the threat of biodiversity loss is very real outside formally conserved areas.

Data from the Ministry of Environment and Forestry reveals that 6.91 million hectares of land have been released from state forest areas, and 78.39% of them are for oil palm plantations, including for bioenergy. FWI (2024) notes that 5.5 million hectares have been released for oil palm plantations. Pressure on biodiversity conservation is increasingly difficult with the high interest in natural resources in the forestry sector from oil palm plantation businesses. The complexity of the Right to Cultivate (HGU) is considered a regime that also threatens the achievement of biodiversity conservation goals in Indonesia.

FWI data (2024) shows that in various regions in Indonesia, biodiversity hotspots are found within HGU areas. It was recorded that 19.16% of the total HGU area (analysis excluding Papua Land) is significantly an essential ecosystem area (KEE). The areas in this analysis include Java, Bali, Nusra, Maluku, Sumatra, Sulawesi, and Kalimantan. KEE (Essential Ecosystem Areas) which include various important ecosystems such as mangroves, peat, and karst, which are habitats for various rare species and high conservation value areas (ABKT) which also include wildlife corridors and biodiversity parks to protect flora and fauna, which are conservation efforts outside the status of conservation areas.

This overlap triggers the exploitation of natural resources by the HGU regime. The operation of large plantation businesses such as palm oil can threaten the ecosystem that is biodiversity. This shows that land governance still faces serious challenges between business interests and nature conservation.

The governance of Land Use Rights (HGU) shows poor performance. There is no transparency and deliberate defiance by the Minister of ATR/BPN against the law. The civil society HGU information dispute is a portrait that the Ministry of ATR/BPN is reluctant to comply with the decision of the Public Information Commission, the PTUN decision, and even the Supreme Court decision to open HGU documents. This encourages ongoing agrarian conflicts and limits the rights and access of local communities and indigenous peoples to land information. Therefore, HGU is implemented without participation, the principle of FPIC and is implemented without good accountability. This is a portrait Bad Governance from the HGU regime in Indonesia which can trigger abuse of authority and corruption in the natural resources sector.

Tripa Swamp, Center of Biodiversity Threatened by HGU Regime

This portrait took place in Aceh in the Tripa Swamp Ecosystem in Nagan Raya Regency and Southwest Aceh Regency. Recently, the sustainability of Tripa Swamp as a center of biodiversity has been threatened by the presence of two palm oil plantation companies, namely PT Kallista Alam and PT Surya Panen Subur II. These two companies have destroyed the Tripa Swamp area by burning it to plant oil palm, which has an impact on the survival of wildlife, especially the Sumatran Orangutan and the Sumatran Tiger. Both companies have also destroyed peat swamps as a place to store carbon and have released carbon emissions stored in them.

The destruction of the peat ecosystem in Tripa Swamp has reached a critical point with the loss of 608.81 hectares of forest cover due to land conversion and illegal encroachment. This condition threatens the habitat of rare animals, the Orangutan and the Sumatran Tiger. Without swift action from the government and law enforcement, the sustainability of this ecosystem will be increasingly threatened, accelerating the ecological crisis that has an impact on biodiversity and the welfare of the surrounding community.

In addition to being an important habitat for protected animals, Tripa Swamp, which is a peat swamp, is a guardian of the local and global climate. According to Agus and Wahdini (2008), the total amount of carbon reserves stored in Tripa Swamp reaches 50-100 million tons, which are divided into carbon reserves above ground (forest) and below ground level. With that, Tripa Swamp is the largest carbon reserve stock in Aceh that has not been designated as a protected area. As is known, despite its important existence, the Tripa Swamp area currently still has the status of other use areas (APL).

In addition, Rawa Tripa as a peat area also has the function of regulating the water cycle and preventing flooding. According to Murdiyarso et al., (2004) peatlands can store 0.8-0.9 m3/m3 of water if not disturbed. Therefore, maintaining the sustainability of Rawa Tripa is very important to supply water to the community and prevent flooding. In addition to preventing flooding, Rawa Tripa has historically also been able to become a resilient buffer zone during the tsunami that hit Aceh in December 2004.

The Leuser Ecosystem Area (LEA) is the most important area in the world. With an area of ​​2.6 million hectares, the LEA is a habitat for 105 species of mammals, 382 species of birds, and 95 species of reptiles and amphibians. The LEA is also the last place that has sufficient size and quality to maintain and preserve the population of rare species, and is the only place in the world where four key animals, namely the Sumatran Tiger, Sumatran Orangutan, Sumatran Rhinoceros, and Sumatran Elephant live side by side in the wild.

One of the areas in the KEL that is an important habitat for key animals, especially the Sumatran Orangutan and the Sumatran Tiger, is in the Tripa Swamp. The Tripa Swamp is one of three swamp forests in Aceh, besides the Kluet Peat Swamp and the Singkil Peat Swamp. Of the approximately 6,600 Sumatran Orangutans remaining in the world, approximately 4% (280) live in the Tripa Swamp (Wich, et al., 2008). Meanwhile, the population data for the Sumatran Tiger in the Tripa Swamp is not yet known for certain. The Great Apes Survival Partnership (GRASP)—a joint program of UNEP and UNESCO run by the Indonesian government—has designated the Tripa Swamp as one of the priority areas for the conservation of protected animals, especially the Sumatran Orangutan.

Civil Society Calls for Law Enforcement

It is important to immediately stop deforestation in the Tripa Swamp forest, regardless of its pending legal status. The ongoing UN conference on climate and biodiversity highlights the climate crisis and the increasingly drastic loss of biodiversity. Indonesia must send a strong signal by stopping all activities in this peat swamp, because the Tripa Swamp is one of the most important ecosystems. Law enforcement in the forestry, environmental, and plantation sectors in Indonesia must be more serious.

Because of that, in an effort to protect the environment in 2012, the Ministry of Environment (KLH) sued the two palm oil plantation companies for their actions in clearing land by burning which caused damage to the Rawa Tripa ecosystem. PT Kallista Alam and PT Surya Panen Subur II through the Supreme Court decision Number 1 PK/Pdt/2017 on April 18, 2017 and the judicial review (PK) decision at the Supreme Court Number 690 PK/Pdt/2018 on October 17, 2018, declared the two companies guilty of burning the Rawa Tripa peat swamp area and tried to compensate the state for losses.

Although it has been found guilty and required to provide compensation and restore the damaged Rawa Tripa ecosystem, but until now since the verdict was read, there has been no execution of the verdict until now. Even PT Surya Panen Subur and PT. Kallista Alam are still operating normally.

Law enforcement in the forestry, plantation, and environmental sectors must be the main focus as an effort to preserve biodiversity and save the country from losses. PT KA and PT SPS must comply with the law and be responsible for the damage and loss of economic value caused.

Thus, the Coalition to Save Tripa Swamp, Orangutan Habitat, states the following stance:

  1. Urging Nusron Wahid, Minister of ATR/BPN: Revoke HGU Owned by PT. Kallista Alam (520.78 Ha) and PT. Surya Panen Subur (7565.26 Ha). Protect Peat, Save Biodiversity
  2. Urge Raja Juli Antoni, Minister of Forestry, to immediately take firm action to save the Rawa Tripa forest.
  3. Urging the Governor of Aceh Muzakir Manaf and the Regent of Nagan Raya Dr. Teuku Raja Keumangan. S.H., M.H. to immediately increase the protection status of Tripa Swamp, to save the biodiversity in Tripa Swamp
  4. Urging the Suka Makmue District Court to immediately execute PT. Kallista Alam Number: 12 / Pdt.G / 2012 / PN / Mbo jo Number: 50.PDT / 2014 / PT.BNA jo number 651 K / Pdt / 2015 jo Number: 1 PK / Pdt / 2017 in the main case: confiscation of collateral for the Land Use Rights Certificate No. 27 with an area of ​​5,769, environmental restoration of burnt land of approximately 1000 hectares at a cost of Rp. 251,765,250,000.00 so that the land can be used again. Sentencing the Defendant to pay a fine (dwangsom) of Rp. 5,000,000 per day for the delay in implementing the decision in this case, -
  5. Urging the Suka Makmue District Court to immediately execute PT. Surya Panen Subur II Number: 700 / Pdt.G / 2013 / PN.Jkt.Sel Jo Number: 796 / PDT / 2014 / PT DKI jo Number 2905 K / Pdt / 2015 jo Number 690 PK / Pdt / 2018 the main case to pay material compensation to the State Treasury account of Rp136,864,142,800. Environmental restoration of burnt land covering an area of ​​approximately 1200 hectares at a cost of Rp302,154,300,000, - so that the land can be used again.

Signed civil society network Save Tripa Swamp for Indonesian biodiversity conservation 

  1. APEL Green Aceh – Indonesia
  2. Rettet den Regenwald e.V. – Jerman
  3. Forest Watch Indonesia (FWI) – Indonesia
  4. Independent Forest Monitoring Fund (IFM Fund) – Indonesia
  5. Aceh Wetland Forum – Indonesia
  6. Koalisi Perempuan Jaga Lingkungan – Indonesia
  7. WALHI Sulawesi Selatan- Indonesia
  8. WALHI Nusa Tenggara Timur – Indonesia 
  9. JARINGAN ADVOKASI TAMBANG SULAWESI TENGAH ( JATAM SULTENG) – Indonesia. 
  10. PEMERHATI LINGKUNGAN HIDUP URAI UNI. – Indonesia
  11. Save Our Borneo – Indonesia
  12. JPIC Kalimantan – Indonesia
  13. Yayasan Insan Hutan Indonesia (YIHUI)- Indonesia
  14. WALHI Kalimantan Tengah – Indonesia
  15. WALHI Papua – Indonesia
  16. SADIA MUKAH-SARAWAK – Indonesia
  17. CR Aceh- Indonesia
  18. Yayasan Pissaka Bentala Rakyat Jakarta- Indonesia
  19. Greenpeace Indonesia
  20. Perkumpulan Koalisi Air Rakyat (KAR) -Indonesia
  21. Kaoem Telapak – Indonesia
  22. AJI Jakarta – Indonesia
  23. Kanopi HIjau Indonesia
  24.  Konsorsium Sumatra Terang Untuk Energi Bersih – indonesia
  25. HIMAPA USB YPKP Bandung – Indonesia
  26. Alam Hutan dan Lingkungan – Indonesia
  27. Koalisi Selamatkan Hutan dan Lahan Aceh – Indonesia
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