BUILT TO LAST?
But stronger regulations will mean little if they are not enforced, experts said.
Indonesian regulations require groundwater levels in managed peatlands to be maintained at no more than 40cm below the surface, a measure intended to keep the peat moist and reduce the risk of fire.
Yet during his time at BRGM, Nyoman said he encountered peatlands where the water table had fallen as far as 1.5m below the surface.
“No single agency is capable of monitoring all 20 million ha of peatlands across Indonesia,” the independent expert said.
“Rather than trying to take over every function itself, the new agency should act as a mediator, bridge and initiator that can get ministries, local governments, researchers, businesses and communities to work towards the same objectives.”
By law, companies that fail to protect their groundwater level can face administrative sanctions ranging from orders to restore damaged areas to the suspension or revocation of their permits.
If the infraction causes the land to catch fire, company officials can face criminal charges and be punished by up to 15 years in prison jail terms and/or a fine of up to 10 billion rupiah (US$558,784).
As of Sep 29, the environment ministry said it has suspended 57 companies after inspections identified some 34,636 ha of burned land within their areas.
Separately, the forestry ministry said it had imposed administrative sanctions on 26 entities linked to fires covering nearly 11,000 hectares. Thirteen had their permits suspended and five had their permits revoked, while eight received warnings.
But experts noted that such enforcement generally comes only after fires have broken out.
“The new agency should ideally have strong authority to monitor compliance, evaluate restoration efforts and put pressure on regulators and law enforcement agencies to step up enforcement,” Mahawan Karuniasa, an environmental science expert from University of Indonesia, told CNA.
Mahawan said Prabowo should also design the new agency to be a permanent institution and not a temporary one like the BRGM.
“The government should not repeat a short-term, ad hoc approach to long-term ecological problems,” he said.
“Restoring peatlands and mangroves takes decades. BPGMN therefore needs to be designed with long-term institutional continuity, funding and monitoring.”
