The existence of the Helsinki agreement between the Indonesian government and GAM result Leuser area located in the province of Aceh be transferred entirely to the NAD by Article 150 of Law No. 11 of 2006, states:
(Indonesian) government is willing to give the government the authority to manage the NAD in the Leuser Ecosystem contained in NAD as well as protect, maintain, preserve, rehabilitate and utilize the area as best as possible.
It is then interpreted by the Government of NAD that BAL provides enormous authority to the Government of NAD in managing forests in Aceh including KEL until Pj. Aceh Governor issued gubernatorial No. 52 of 2006 which established the Leuser Ecosystem Management Agency (BPKEL). Regulation was published with the feel the rush so did not wait for the election of a new governor of Aceh, even without any consultation with the House TNGL mostly located at KEL NAD.
In exercising its authority in the management of KEL governor was then issued a gubernatorial No. 5 year 2014 on the Procedures and Requirements Utilization Cultivation Area in the Leuser Ecosystem in Aceh Province. However, this regulation has been a judicial review by the Supreme Court based on the demands of WALHI. With this decision, the Minister of Forestry Regulation Number Available: P.03 / Forestry-II / 2007, TNGL is currently manager of Technical Implementation Unit (UPT) of the Directorate General of Forest Protection and Nature Conservation (Directorate) of the Ministry of Forestry of the Center for National Parks of Leuser Mountain (BBTNGL) led by head of Central (echelon II) that are in the field.
NAD's own government still assumed that the Leuser Ecosystem which are in the region is still the authority in accordance with the mandate of Law No. 11 of 2006 that the Governor Regulation will be revised and passed back. Moreover, the Government of NAD itself has entered into agreements with third parties in a carbon trading agreement in the Leuser Ecosystem. This Agreement constitutes the investment agreement, License and Profit Sharing in the Leuser Ecosystem (Leuser Ecosystem Investment, Licensing and Benefit Sharing Agreement) between the Forest Landscape Development Limited (FLD) with Leuser Ecosystem Management Agency (BPKEL) and the Provincial Government of NAD. Under this agreement, FLD will conduct a number of activities of long-term investments of US $ 300 million, called Project Leuser Ecosystem through a series of activities where FLD essentially will establish various business entities environmentally sound inside and outside of KEL, undertake activities to reduce deforestation and forest degradation (REDD) KEL, including rehabilitation, where FLD as an exclusive partner for carbon rights activities and other activities.
In addition to issuing Pergub No. 5 In 2014, the Government also issued Governor Regulation No. NAD 19 Year 2013 on Spatial Planning and Regional Plan in support of the authorities on the LE.
This regulation also sued WALHI to juridical review by the Supreme Court because the decree allegedly has violated several laws and regulations thereon especially Act No. 32 of 2004 on Regional Government and Law No. 11 of 2006 on Governing Aceh (LOGA) itself. In particular, in Article 149 states that:
(1) The Government of Aceh and district / city government is obliged to manage the environment in an integrated manner with due regard to zoning, protecting natural resources, natural resources non-biological, artificial resources, conservation of natural resources and ecosystems, cultural heritage and diversity biodiversity with regard to the rights of indigenous peoples and for the greater welfare of the population.
(2) The Government, Aceh Government and district / city government is obliged to protect, preserve, maintain, and preserve the National Parks and protected areas.
(3) The Government of Aceh and district / city government is obliged to manage the protected areas to protect biodiversity and ecology.
(4) The Government of Aceh and district / city governments are obliged to involve non- governmental organizations qualified in the management and protection of the environment. (5) Completion of environmental disputes can be reached through the courts or out of court. (6) Implementation of the provisions referred to in paragraph (1), paragraph (2), paragraph (3), (4)
and (5) shall be conducted in accordance with the legislation.
Government NAD appraised passed a law that instead of saving KEL worsening situation there. The presence of the dualism of forestry management authority under Law No. 41, 1999 and forestry management authority under the Act No. 32 of 2004 on Regional Government coupled with the rights of indigenous peoples through the Court's decision No. 35 In 2012, leading to confusion about who is the most competent of the Leuser Ecosystem in NAD's. NAD government is considered very lax in granting mainly in terms of transfer of forest land to plantations, agriculture and mining. Referring to data from the Office Administrative Permission NAD Province, in 2008, 201 companies obtain the right to use land and plantation crops. Concessions covering 540,839,955 hectares or 9.42% of the total forests of Aceh. (Theglobejournal.com)
It is not surprising based on the record of WALHI Aceh, in 2014 there has been a wide range of ecological disaster around KEL, ranging from landslides in Gayo Lues Takengon, raging animal elephant in the residential area of Central Aceh, fires in Gayo Lues, until the land drought and smog in Aceh Singkil. This ecological disaster occur in areas that fit into KEL itself. Not to mention the cases of forest encroachment is often done illegally, as was the case in Gayo Lues.
CLOSING
The environment is a unity with all things space, power, and living circumstances and attitudes. This is to be maintained the integrity of its harmony. This will affect the continuity of life and human well-being and other living organisms. Proven disregard for the importance of protecting the environment, in the end result in the emergence of social conflicts and environmental conflicts. It's like holding structure imbalance and indigenous people who live in the area of natural resources feel neglected.
Exploitation of Natural Resources is too forward profit from an economic standpoint. SDA should be used for development in order to achieve the welfare of society. In fact, the exploitation of mining and logging only benefit the elite. Environmental aspects that should be considered much ignored. The facts show that there are unbalance between the economy and the environment. Environmental issues are still not getting proper portion.
The area as a whole legal community who have autonomous authority to regulate and manage the area in accordance aspirations and interests of the people does not contradict the national legal order and the public interest. In order to provide more space to the region to organize and manage the lives of its citizens the Central Government in shaping the policy should pay attention to local wisdom and vice versa Regions Regions when shaping policy in the form of legislation or policies should also pay attention to the national interest. Thus creating a balance between national interests synergistic and still consider the condition, distinctiveness, and local wisdom in organize overall governance.
measurable. Not only the advantage of a moment of investors, slowly natural resources will be damaged and contaminated in the concession, will trigger climate change and land a never-ending conflict. For the Government of NAD must review and reconsider the policies and rules related to development in accordance with the Regulation of the Minister of the Interior 53 Year 2011 on the Establishment of the Regional Legal Products. The real action, precise and fast should be taken by the central government and the NAD itself regardless of egocentric in the respective parties solely to save KEL which is a World Heritage.
REFERENCES
UU No. 5/1990
Undang Undang No.11 tahun 2006 Undang-Undang No 32 Tahun 2004 Keputusan Presiden No. 33/1998
Pergub No. 19 Tahun 2013 tentang Rencana Tata Ruang dan Rencana Wilayah
Peraturan Gubernur Nanggroe Aceh Darussalam (NAD) No. 5 Tahun 2014 tentang Tata Cara Pemanfaatan Kawasan Budidaya Di Dalam Kawasan Ekosistem Leuser Dalam Wilayah NAD Keputusan Menteri Kehutanan No. 227/1995
SK Menhut No. 190/2001 SK Menhut No. 193/2002
Peraturan Menteri Kehutanan Nomor : P.03/Menhut-II/2007
H. Triono Eddy, Kajian Hukum Pengelolaan Kawasan Ekosistem Leuser, 2005, Disertasi, Medan, Program Pasca Sarjana Universitas Sumatera Utara.
Keputusan MK No. 35 Tahun 2012
Mahkamah Agung dengan Nomor Register 42P/HUM/2014 MA info.jpik.or.id wikipedia theglobejournal.com greenjournalist.net https://suerdirantau.wordpress.com leuserecosystem.org www.bphn.go.id www.academia.edu gunungleuser.or.id www.walhi.or.id