Good rule of law highlights the importance of just laws that are applied equitably and consistently for all actors in both public and private arenas. Indonesia’s weak rule of law has negatively impacted its environment with poor enforcement leading to widespread infractions of regulations. These regulations, while intended to protect the environment, have failed to provide safeguards for forests as well as the communities that rely on them. Communities often suffer due to a lack of rights and formal means to protect their wellbeing when mediating conflicts with commercial interests. In order to support the rule of law over land and forest governance issues, the SETAPAK program is assisting in creating clear regulation and strengthening policy. It is also assisting in building civil society capacity to use the 2008 Freedom of Information act, investigate corruption, improve access to legal aid, and enhance reporting mechanisms.
How SETAPAK helps?
- Advocating for more effective government supervision to improve decision making and prevent illegal practices regarding land use.
- Supervising law by assessing the effect of land-based activities and checking the legality and governance of land use permits.
- Checking that laws and regulations that protect the environment and community are obeyed and enforced.
- Providing technical assistance to governments to improve policy and regulations.
- Assisting in coordinating and monitoring national and provincial licensing and policies with Komisi Pemberantasan Korupsi/Corruption Eradication Commission (KPK) to oversee Gerakan Nasional Penyelamatan Sumber Daya Alam/National Movement for the Rescue of Natural Resources (GNPSDA).
- Strengthening demand for enforcement by civil society through advocacy and collaborative monitoring initiatives.
- Working alongside partners on the national level to assess improvements of the Indeks Tata Kelola Hutan dan Lahan/ Land and Forest Governance Index (IKHL) by local governments.
- Partnering with law enforcement agencies to improve knowledge, management and prevention of forest and land fires.
- Supporting the establishment of complaint mechanisms to track and investigate the violations and infractions of permits and regulations.
- Promoting the benefits of access to public information through advising the public on how to use the Freedom of Information Act and training community representative on how to send requests for information and registers a complaint to court if necessary.
- Strengthening the capacity of civil society to monitor the environment, mediate land conflicts access legal aid and investigate corruption.
- Establishing partnerships with national and provincial journalists and media in order to investigate and critically analyse cases related to forest and land management.
- Developing training programs for human rights defenders to improve advocacy for the protection of natural resources’.