License to Clear: The Dark Side of Permitting in West Papua
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Glossary • APL – Other use area (Areal Penggunaan Lain). A zoning for areas which may or may not be forested but are not managed as part of the forest estate and are therefore available for plantation and other development. • BBSDLP – Indonesian Centre for Agricultural Land Resources Research and Development (Balai Besar Penelitian dan Pengembangan Sumber Daya Lahan Pertanian). An organisation under the Agriculture Ministry which is responsible for mapping peatlands, amongst other tasks. • Beneficial owner – The ultimate or true owner and controller of a company; a person who enjoys the benefits of owning a company, even though they are not listed as a shareholder. Under Indonesian law, this includes someone who directly or indirectly can control a company, including appointing and sacking directors, commissioners and managers. • Boundary survey – The administrative process to conduct a physical survey of forest estate land (tata batas). This is a required step before forest estate can be released for a plantation. • Bupati – Head of regency government (kabupaten), which sits at an administrative level directly below provincial government. • Forest estate – Areas which have been decreed by the government to be maintained as permanent forest, although some areas may be released from the forest estate to be converted into plantations or other uses. A constitutional court ruling has made clear that forest estate is not necessarily state forest, since it may also include forest subject to rights, including Indigenous forest. Forest estate is not identical to forested land, since it can include types of vegetation cover not usually described as forest; and because there are extensive forested areas outside the forest estate. • Forest Moratorium – A policy first issued in 2011 through a Presidential Instruction, which is meant to ensure that no new permits are issued on primary forest and peatland. • FPIC – Free, prior and informed consent. • HGU – Land cultivation right (Hak Guna Usaha), leasehold land title for plantations. • HPK – Convertible Production Forest (Hutan Produksi Konversi). A classification of forest estate land where land can be released for conversion to plantations or other uses, if conditions are met. • Government Regulation – A regulation issued by the executive arm of government. These are often used for example to provide greater detail on the provisions contained in laws approved by the House of Representatives – in this case they are often referred to as implementing regulations. Ministerial regulations, produced by individual ministries, are also commonly used for this function.
