I.

PENDAHULUAN

1. LATAR BELAKANG Indonesian forests covering an area of 120.35 million hectares or 63% of the land area, is the third largest tropical forest in the world after Brazil and Zaire. Forest is a natural resource that has a variety of functions, both ecological, economic, socio-cultural and necessary to support human life and other creatures. Thus, in addition to acting as the prime mover (primary mover) national and regional development, forest resource also serves as a buffer system of life, the impact of local, national, and regional. Benefits of forests needed by all levels of society in the country even people in other countries. Forests not only provide forest products in the form of goods, but also be in the form of services such as water management, supply oxygen, and carbon sequestration.

Forests as common property resources have consequences that use of the forests by the state does not go unnoticed and the attention of the international community. After the Rio de Janeiro Earth Summit in 1992, world demand occur inclination towards tropical forests began to shift - from wood products - to the benefit of the environment, such as its effect on global climate. Therefore, forestry development is required to pay more attention to balance economic, ecological, and social.

Function of the forest for non-timber turned out to have a quantitative value if it was more beneficial than function as a timber producer. It is known that the relative economic value of tropical timber worth only less than 5% of the total economic value of forest resources. In contrast, the value of environmental services (which provide intangible benefits) along with the results of the non-timber value of not less than 95% of the total intrinsic value of forest resources. It was shown that the benefit of forest non-timber forest products outweighs the benefits of very high timber.

Forests play an important role in maintaining the stability of the global climate. Chemically, forest vegetation will absorb the greenhouse gas carbon dioxide (CO2)

through photosynthesis. If the forest is disturbed then the cycle of CO2 and O2 in the atmosphere will be disturbed. Generally, the carbon stored in vegetation biomass, nekromasa (both on the surface and in the soil) and soil organic matter in forest ecosystems. Unbridled amount of CO2 in the atmosphere, along with water vapor, gas CFCs, methane and greenhouse gases other, potentially increasing the temperature of the earth's atmosphere (read: global warming) that can cause global warming and climate change. The gases that are called greenhouse gases (GHGs).

The increasing concentration of greenhouse gases, the temperature also increases the earth's atmosphere. Increase of 0.5 C may not be that we feel the event on a small scale (eg indoors). But if this happens in the world of global environment, there will be a variety of extreme phenomena such as: a. expansion of sea water due to symptoms of melting of polar ice that sea levels rose with the ability to submerge the islands; b. damage to infrastructure at the waterfront (where most of the important cities of the world situated on the coast); c. increase in temperature led to the drying up of water-surface water that could adversely affect water-based farming in agrarian countries (such as Indonesia); d. pattern of the rainy season and the dry season is erratic; e. clean water crisis due to sea water intrusion, and others.

See the report of the Food and Agriculture Organization (FAO) in 2007 on the condition of forests in the world seen clearly that the forest area in the world currently reached under 4 billion hectares, of which 30 per cent of land cover land in the world. In the area that has been average - average deforestation of 13 million / ha / year at the same time the expansion of plantations and natural forests have a strong significance to the decline in forest area. At about 1990 to 2005, the world has lost 3 percent of the total area of forest that exist with - average 0.2 percent per year decline. From 2000-2005 shows that the average net reduction correlated with development activity. In the same period, 57 states reported an increase in forest area and 83 states reported a decrease of forest area (including the 36 countries with the greatest rate of more than 1 percent per year).

Still on the same report globally, an estimated 6 million hectares of primary forests has been reduced and used for other purposes each year. Nine of the ten countries that have the primary forest more than 80 percent of the world has experienced a decline of more than one percent from the period 2000-2005 include Indonesia (13%), Mexico (6 %), Papua New Guinea (5%) and Brazil (4%).

Contributing to the degradation of the forest carbon stocks. Carbon stocks in forest biomass decreased at the global level reached 5.5 percent in the period 1990-2005. In general, the tendency to follow the trend of carbon stocks and forest area forest resource availability. Carbon reserves in the world increased in regions of Europe and North America and a decline in tropical areas (FAO, 2007). Tropical forests accounts for CO2 emissions by 1.6 billion tons per year. As reported by the Stem Review (Koran Tempo, October 24, 2007), that deforestation in developing countries (generally tropical areas) CO2 emissions accounted for about 20 percent of global emissions. Of total greenhouse gas emissions, 18 percent comes from the forestry sector, which 75 percent live in the developing countries, including Indonesia. Jakarta city occupied the third worst air quality in the world, both in Asia and number one in Indonesia.

Global warming, followed by climate change is felt by all countries in the world, however poor countries and developing will receive the greatest impact despite its contribution to lower greenhouse gas emissions. The impact of global warming may directly or indirectly. Global climate change may have a negative impact on the emergence of new diseases, extinction of species and ecosystem change. Of several climate change scenarios predicted 15-37% of species will be extinct mainland and projected 2050 global temperatures have increased by 0.8 to 1.7 C. This will melt the ice in the polar regions causing sea levels to rise, it is becoming a threat to the coastal areas.

Kyoto Protocol Global climate change is used only rolled a few experts discussed later became crowded people. Moreover, after convening a meeting of WMO (World Meteorology Organization) in the 1980s, the global climate change issue. Various studies and existing data describing the close relationship between CO2 concentration increased with an increase in the average temperature of the earth's surface. Similarly, estimates of the impact it will make.

Development is what ultimately pushed the World Meteorological Organization (WMO) and the United Nations Environment Programme (UNEP) to establish the Intergovernmental Panel on Climate Change (IPCC) in 1988. IPCC itself is a group of scientists from around the world whose job is to examine the phenomenon of climate change and the solutions required. The first IPCC report was published in 1990 and known as the First Assessment Report, which concluded the temperature increased by about 0.3-0.6 C over the last century. The report also mentions human-made emissions of greenhouse gases has increased naturally and adding it would cause an increase in temperature. Therefore, the IPCC called for a global agreement to mitigate them. In December 1990, the UN General Assembly finally responding to the IPCC to address global climate change by launching negotiations on a framework convention of climate change and the membentukIntergovernmental Negotiating Committee (INC) for the implementation of such negotiations. Finally, in May 1992, the INC agreed to the UN Framework Convention on Climate Change (United Nations Framework Convention on Climate Change - UNFCCC).

REDD Protokol Kyoto valid hingga tahun 2012. Itu artinya, segala instrumen atau mekanisme yang mengikutinya pun akan berakhir pada tahun tersebut. Oleh karenanya, banyak negara yang memikirkan mekanisme baru setelah tahun tersebut untuk mengatasi perubahan iklim yang yang lebih menguntungkan bagi negara berkembang, khususnya mereka yang mempunyai sumberdaya hutan luas.

Kyoto protocol valid until 2012. That means, any instrument or mechanism that follows it will end the year. Therefore, many countries are thinking about the new mechanism after year to tackle climate change that is more favorable to developing countries, especially those with vast forest resources. At COP 11 in Montreal in 2005, Costa Rica, Papua New Guinea (PNG), and countries with tropical forests belonging to the CfRN (Coalition for Rainforest Nations) proposes an incentive proposal on avoided deforestation. At the same meeting, several NGOs and scientists, led by the Environmental Defense reiterated calls for forest issues included in the Kyoto trading instruments. Therefore, requested that the COP 11 UNFCCC Subsidiary Body for Scientific and Technological Advice (SBSTA) to evaluate the issue of reducing emissions from deforestation and report back to COP 3 13/MOP UNFCCC in December 2007. Meanwhile, the UNFCCC held two meetings on reducing emissions from deforestation (RED) in developing countries (in the month of July 2006 and March 2007). In December 2007, the Conference of the Parties to the UNFCCC 13th held in Bali (Indonesia), the possibility for the inclusion of forests in international climate regime is growing. Conference of the 13th parties (COP 13) in Bali in 2007 produced the Bali Action Plan, a plan or a road map for negotiating a global climate strategy to continue the Kyoto Protocol. This plan recognizes the importance of forests in addressing climate change and the magnitude of the potential inherent in REDD. Mitigation efforts should focus on reducing emissions from fossil fuel use in industrialized countries. Although the effect is relatively small, tree planting to sequester carbon also plays a role in climate change mitigation. However, to reduce the 20 percent of forest-related emissions, we need a new approach to conservation and more effective. One approach is referred to REDD, which stands for reducing emissions from deforestation and forest degradation (reducing emissions from deforestation and forest degradation). This idea is different from previous forest conservation activities as directly linked with financial incentives for conservation aimed at storing carbon in forests.. REDD is implemented on a voluntary basis with the principle of respect for state sovereignty

One year after the Bali Action Plan is approved, the negotiators met again in Pozna, Poland. They reached the general consensus that REDD activities should be expanded. REDD-plus added three strategic areas of the two things wherewith previously set in Bali. Fifth that aims to reduce emissions from deforestation and forest degradation in developing countries. Two initial determinations REDD is: a. Reducing emissions from deforestation and b. Reducing emissions from forest degradation Several strategies were added to reduce emissions through: c. The role of conservation d. Sustainable forest management e. Enhancement of forest carbon stocks This broader definition facilitates other countries to participate. Many people with different national conditions can be included into the framework that will come. Since the implementation of COP 13 in Bali, the Government of Indonesia c.q. Forestry Department is very keen to develop the law or regulation that is directly related to the implementation of REDD. Among these devices, there are three official regulation that has been enacted, namely: a. Permenhut No. P. 68/Menhut-II/2008 about the Implementation of Demonstration Activities Reducing Carbon Emissions from Deforestation and Forest Degradation (REDD) (www.dephut.go.id/files/P68_08.pdf). This regulation basically outlines the application procedure and approval of REDD demonstration activities, so the methodology, technology and institutional REDD can be tried and evaluated. The challenge is how to demonstration activities can be transformed into actual REDD project in the future. b. Permenhut No. P. 30/Menhut-II/2009 about Procedures for Reducing Emissions from Deforestation and Forest Degradation (REDD) (www.dephut.go.id/files/P30_09_r.pdf). These regulations govern the implementation of REDD, including the requirements that must be met developers, verification and certification, as well as the rights and

obligations of REDD. Until now provision for the establishment of reference emission levels as a comparison has not been established. c. Permenhut No. P. 36/Menhut-II/2009 about Procedures for Licensing of sequestration and / or storage in Production Forest and Protected Forest (www.dephut.go.id/files/P36_09.pdf). This regulation provides that a business license REDD through carbon sequestration and storage. In it are also regulated financial balance, ordinances imposition, collection, remittance and use of revenues from REDD. The regulations distinguish between carbon sequestration and storage activities in different forest types and business types. With the existence of these regulations is basically REDD can be implemented. Technical instructions for certain things would be required to support the implementation of REDD. Like most rules, the third Permenhut also refers to various laws / regulations related. REDD / REDD-plus internationally has not been set explicitly, unless there is a reference to the CDM. The mechanism is set in No. Permenhut. P. 30/Menhut-II/2009 as follow : a. EDD actors apply to the Minister to attach some form of requirements : Decree of the forest area is managed by the Minister of Forestry. Recommendations of the Local Government specifically for managers of HA, HT, HTR, HKM, and RE. Meets the criteria for the implementation of REDD location. Have a plan of implementation of REDD.

b. Minister commissioned the REDD Commission to conduct assessment on the application of REDD. REDD Commission is a commission established by the Minister in charge of the management and implementation of REDD. c. Later than 14 (fourteen) working days after receiving the assessment results REDD Commission referred to in paragraph (2), the Minister may approve or reject the proposed plea agreement in the form of REDD implementation of REDD.

d. Later than 90 (ninety) days after the approval of the Minister, the applicant can immediately implement REDD activities. If after 90 (ninety) days, the applicant does not initiate REDD activities, the approval of the Minister canceled. REDD implementation period longer than 30 years and may be extended in accordance with applicable regulations. e. Periodically monitoring the longer each five (5) years except for the period up to 2012 done annually, to determine changes in carbon stocks of Reference Emission (REL) and other benefits. Monitoring is done by actors, local government, and the Ministry of Forestry. f. No later than 14 working days after the report of the monitoring results received by actors REDD REDD, REDD Commission commissioned the Independent Assessor to verify. Before any decision on the Procedure COP REDD, the verification of REDD activities include instructions refer to Annex 2 Decision COP 13 in 2007. So is there a decision before the state party of the United Nations Convention on Climate Change regarding the implementation of the REDD mechanism at the international level, the Commission asked the Committee REDD National Accreditation (KAN) to perform accreditation of independent assessors. g. Independent Assessor reports to the Commission on the results of verification for REDD and REDD actors. Verification costs charged to the offender REDD. In the event that all requirements are met, no later than 30 (thirty) working days after receiving the verification reports from Independent Assessors, the Commission issued REDD Carbon Emission Reduction Certificates.

Carbon Emission Reduction Certificates can be traded.

REDD Commission periodically submit a report to the Minister of REDD implementation (Forestry) and the Focal Point of the United Nations Convention on Climate Change to the next reported to the United Nations Convention on Climate Change. Until now - for a while - the price of CERs CDM relatively more expensive than the price of REDD Carbon Emission Reduction Certificates. Besides still in early

stages of discussion and negotiation, there is no international entities that provide certification of products as CDM REDD.

Indonesia sebagai negara tropis dengan kawasan hutan yang luas, mempunyai potensi besar untuk turut andil dalam mekanisme perdagangan karbon dengan memasukkan hutan sebagai agen penyerap (sink) GRK. CDM adalah suatu mekanisme pengurangan GRK, khususnya bagi negara-negara berkembang, seperti dalam Protokol Kyoto selain mekanisme Joint Implementation dan Emission Trading. Sama halnya dengan REDD, negaranegara yang mempunyai hutan akan mendapatkan insentif dari adanya transaksi reduksi emisi untuk pembangunan sektor kehutanannya. Namun,.yang harus lebih diwaspadai adalah jangan sampai CDM dan REDD yang memasukkan hutan dan lahan sebagai sink, akan menjadi bisnis komersial belaka bagi negara-negara maju tanpa mereka mau menekan jumlah polutan GRK yang dihasilkan dari industri-industri mereka.