Illegal logging and the trade in illegal timber has been, and continues to be, a serious problem in Indonesia. The Minister of Forestry has issued Regulation No. P.38/Menhut-II/2009 as a means of addressing the issue of illegal logging while simultaneously looking at maximizing the returns on the exploitation of Indonesia’s forest resources.
The regulation simply sets out the standard and guidelines in (1) assessing the management of forest conservation, and; (2) verifying the legality of the forestry products of the License Holders and Forest Right (Hutan Hak) owners.
The right to render the assessment and verification under this regulation is given to an accredited impartial body called the Independent Assessment and Verification Agency (Lembaga Penilaian dan Verifikasi Independen / LP&VI). The LP&VI is accredited by the National Accreditation Committee, and furthermore approved by the relevant Director General on behalf of the Minister of Forestry.
The LP&VI is to perform its assessment and verification in accordance with the forest conservation (Pengelolaan Hutan Produksi Lestari / PHPL) standard, and the Verification of the Wood Legality standard (Standard Verifikasi Legalitas Kayu / SLVK). The regulation refers to a succeeding legal instrument (in a form of Director General Regulation) for further explanation of these standards.
In any event, if the license holders and forest right owners were to disagree with the determination made by the LP&VI, the regulation provides that they have a right to lodge a complaint with the LP&VI within 10 days as of the date of the disputed determination. Besides the party subject to the assessment and / or verification, non-governmental organizations are also entitled to voice their disagreement with the LP&VI assessment and / or verification.
Subsequently, when all the provisions have been fulfilled, including the revision, the LP&VI will then issue the following certificates:
-
Certificate of PHPL - a document that shows the holder has successfully managed theforest conservation process as a part of its business activities, and / or;
-
Certificate of Wood Legality - a document of proof of compliance to the required wood legality standard.
The regulation repeals and replaces the following four Minister of Forestry Decisions: No. 4795/Kpts-II/2002, No. 177/Kpts-II/2003, No. 178/Kpts-II/2003, and No. 208/Kpts-II/2003.
The regulation was issued on 12 June 2009 and came into immediate force. However, the provisions of the regulation will not begin being implemented until 1 September 2009.
Illegal logging and the trade in illegal timber has been, and continues to be, a serious problem in Indonesia. The Minister of Forestry has issued Regulation No. P.38/Menhut-II/2009 as a means of addressing the issue of illegal logging while simultaneously looking at maximizing the returns on the exploitation of Indonesia’s forest resources.
The regulation simply sets out the standard and guidelines in (1) assessing the management of forest conservation, and; (2) verifying the legality of the forestry products of the License Holders and Forest Right (Hutan Hak) owners.
The right to render the assessment and verification under this regulation is given to an accredited impartial body called the Independent Assessment and Verification Agency (Lembaga Penilaian dan Verifikasi Independen / LP&VI). The LP&VI is accredited by the National Accreditation Committee, and furthermore approved by the relevant Director General on behalf of the Minister of Forestry.
The LP&VI is to perform its assessment and verification in accordance with the forest conservation (Pengelolaan Hutan Produksi Lestari / PHPL) standard, and the Verification of the Wood Legality standard (Standard Verifikasi Legalitas Kayu / SLVK). The regulation refers to a succeeding legal instrument (in a form of Director General Regulation) for further explanation of these standards.
In any event, if the license holders and forest right owners were to disagree with the determination made by the LP&VI, the regulation provides that they have a right to lodge a complaint with the LP&VI within 10 days as of the date of the disputed determination. Besides the party subject to the assessment and / or verification, non-governmental organizations are also entitled to voice their disagreement with the LP&VI assessment and / or verification.
Subsequently, when all the provisions have been fulfilled, including the revision, the LP&VI will then issue the following certificates:
-
Certificate of PHPL - a document that shows the holder has successfully managed theforest conservation process as a part of its business activities, and / or;
-
Certificate of Wood Legality - a document of proof of compliance to the required wood legality standard.
The regulation repeals and replaces the following four Minister of Forestry Decisions: No. 4795/Kpts-II/2002, No. 177/Kpts-II/2003, No. 178/Kpts-II/2003, and No. 208/Kpts-II/2003.
The regulation was issued on 12 June 2009 and came into immediate force. However, the provisions of the regulation will not begin being implemented until 1 September 2009.
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