Detrimental impact of Indonesian food estate policy: Conflict of norms, destruction of protected forest, and its implication to the climate change

Abstract

Abstract In response to the food crisis threat due to the Covid-19 pandemic, the Indonesian Government initiates a national food supply enhancement program recognized as food estate which was then established as a part of National Strategic Programs. To maintain its implementation, the Indonesian Ministry of Environment and Forestry through PermenLHK 24/2020 allows the legalization of forest land utilization, including the protected forest land for the food estate program. This study aims to analyze emerging conflict norms related to the utilization of the protected forest in Indonesia’s food estate program. The method used is normative legal research conducted by reviewing various forestry-related legal instruments and principles in Indonesia. The main findings reveal that the legalization of the utilization of protected forests for food estate projects by PermenLHK 24/2020 does not meet legal certainty and contradicts the norms incorporated in the hierarchical higher related regulations. In connection to climate change, the legalization of utilizing protected forests for the food estate program will open up opportunities for deforestation and encourage degradation of the protected function of these forests. The forestry sector has become one of the largest contributors to greenhouse gas (GHG) emissions in Indonesia, with deforestation and land degradation as the root of the problem. The implication of food estate becomes a regressive action for the realization of Indonesia’s commitment to reduce GHG emissions from the forestry sector up to 17.2% with unconditional mitigation scenario (CM 1) and 23% with conditional mitigation scenario (CM 2) by 2030.

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