| Full title | Peraturan Menteri Kehutanan Nomor P.34/Menhut-II/2010 tentang Tata Cara Perubahan Fungsi Kawasan Hutan |
|---|---|
| Citation | Permenhut P.34/Menhut-II/2010; Berita Negara 2010 No. 378 |
| Jurisdiction | Indonesia |
| Enacted by | Minister of Forestry |
| Signed | 29 July 2010 |
| Promulgated | 5 August 2010 |
| Effective | 5 August 2010 |
| Implements | Pasal 43 ayat (3) of Peraturan Pemerintah 10/2010 |
| Amended by | Permenhut P.29/Menhut-II/2014 (in force 16 May 2014); Permen LHK P.16/Menlhk-II/2015 (in force 8 April 2015) |
Peraturan Menteri Kehutanan 34/2010 (Peraturan Menteri Kehutanan Nomor P.34/Menhut-II/2010 tentang Tata Cara Perubahan Fungsi Kawasan Hutan) is an Indonesian ministerial regulation that sets the procedure for changing the function of a forest area, for example from protection forest to production forest or from one kind of conservation area to another. It was signed by the Minister of Forestry on 29 July 2010 and took effect on its promulgation on 5 August 2010.[1] It was issued to implement Pasal 43 ayat (3) of Government Regulation 10/2010 on changes to the allocation and function of forest areas, and belongs to forestry and land use regulation in Indonesia.[2]
The regulation sets the conditions under which each kind of change may be made, who may propose a change, the documents a proposal needs, and the steps and time limits by which the ministry reviews a proposal, commissions an integrated research team and decides.[3][4][5] It bars changes that would create convertible production forest in provinces where forest areas cover less than 30 per cent of the province.[6]
The held text is a consolidation that incorporates amendments made in 2014 and 2015, which rewrote the proposal and decision procedure.[7] Since February 2021, changes to the function of forest areas have been governed by Government Regulation 23/2021.[8] CRPG's regulatory tracker published two posts on the regulation on 26 November 2025.[9][10]
Law 41/1999 on forestry classifies forest areas by their main function as conservation, protection or production forest, and provides that changes to the allocation and function of forest areas are decided by the government on the basis of integrated research (penelitian terpadu), with the procedure left to a government regulation.[11] Government Regulation 10/2010 set that procedure and left the detailed procedure for changes of function to a ministerial regulation, which this regulation supplies.[2:1]
Pasal 1 defines a change of forest area function (perubahan fungsi kawasan hutan) as a change of part or all of the function of forest in one or more forest groups into another forest area function. It defines limited production forest and permanent production forest by a score combining slope class, soil type and rainfall intensity (between 125 and 174 for limited production forest, and below 125 for permanent production forest), and convertible production forest as forest area reserved for development outside forestry. Integrated research is research conducted by a government body with scientific authority together with other relevant parties.[12]
A change of function aims to stabilise and optimise the function of forest areas. It may be made in conservation, protection or production forest, either partially or for a whole province; province-wide changes are left to a separate ministerial regulation.[13] A partial change may move an area between main functions or within a main function.[3:1]
Changes between main functions each require that the area meet the criteria of its new function. An area of conservation forest may become protection or production forest only if it no longer meets any of the criteria for conservation forest, and an area of protection forest may become production forest only if it no longer meets the criteria for protection forest.[3:2]
Within conservation forest, an area may be moved among the categories of strict nature reserve (cagar alam), wildlife reserve (suaka margasatwa), national park, grand forest park, nature recreation park and hunting park. Such a change is allowed only where the biophysical condition of the area has changed through natural, environmental or human causes, where a transition period (jangka benah) is needed to optimise the area, where the area is very small and surrounded by development that does not support natural ecological processes, or where it meets the criteria of the proposed category.[3:3] Within production forest, an area may be moved among limited, permanent and convertible production forest where it no longer meets the criteria of its function and the change is needed either to secure the optimal area of production forest for the supply of the timber industry or for a transition period.[3:4]
As amended in 2014, a change of function is proposed to the minister by a regent or mayor for forest within one district or city, or by a governor for forest spanning districts.[4:1] A proposal must meet administrative and technical requirements. The administrative requirements are a letter of proposal with a map of the forest area at a scale of at least 1:100,000 and, for production and protection forest, a recommendation from the other level of regional government (from the governor for a regent's proposal and from the regent or mayor for a governor's), which draws on the technical consideration of the head of the forestry agency on the location, boundaries, area, biophysical condition and planned use of the area.[4:2] The technical requirements are the consideration of the president director of the state forestry company Perum Perhutani where the area lies in its work area, and very high resolution imagery with its interpretation, except for non-commercial proposals.[4:3]
After the minister refers a proposal, the director general responsible for forest planning reviews the requirements within fifteen working days and issues a rejection in the minister's name if they are not met.[5:1] As amended in 2015, if the proposal passes, the director general asks the relevant units of the ministry within five working days to nominate members of an integrated team; a draft decree forming the team then passes from the director general to the secretary general and the minister, each within a fixed number of working days, and the team must deliver its findings and recommendation within 180 working days of its formation.[5:2]
If the minister does not accept the team's recommendation, a rejection letter is prepared and sent within seven working days at each step. If the minister accepts it, the director general sends the map to be attached to the decree within fifteen working days, the secretary general submits the draft decree within seven working days, and the minister sets the decree on the change of function and its map within three working days.[5:3]
Proposals that had not received a ministerial decree when the regulation took effect were to be processed under it, and approvals in principle and decrees issued earlier remained valid.[14] Pasal 19 revoked the provisions on changes of function in Keputusan Menteri Kehutanan 70/Kpts-II/2001 on the determination of forest areas and changes to their status and function, as amended by SK.48/Menhut-II/2004.[14:1]
Government Regulation 23/2021, in force from 2 February 2021, now governs changes to the function of forest areas. It keeps the same division into partial and province-wide changes, and between and within the three main functions, and requires the minister to decide on the basis of integrated research. It revoked Government Regulation 104/2015 on changes to the allocation and function of forest areas, and kept the implementing rules of that regulation in force so far as they do not conflict with it.[8:1]
K214 · Work URI /akn/id/act/permenhut/2010/34 · RegVault PERMENHUT_34_2010[P] Permenhut 34/2010, Pasal 20 and closing formula (Ditetapkan di Jakarta pada tanggal 29 Juli 2010, signed by Minister of Forestry Zulkifli Hasan; Diundangkan di Jakarta pada tanggal 5 Agustus 2010; Berita Negara 2010 No. 378). regulation_id PERMENHUT_34_2010. ↩︎
[P] Permenhut 34/2010, preamble, Menimbang (implementing Pasal 43 ayat (3) of Peraturan Pemerintah Nomor 10 Tahun 2010 tentang Tata Cara Perubahan Peruntukan dan Fungsi Kawasan Hutan) and Mengingat. regulation_id PERMENHUT_34_2010. ↩︎ ↩︎
[P] Permenhut 34/2010, Pasal 4 to 9. regulation_id PERMENHUT_34_2010. ↩︎ ↩︎ ↩︎ ↩︎ ↩︎
[P] Permenhut 34/2010, Pasal 10, 10a, 11 and 11a as amended by P.29/Menhut-II/2014. regulation_id PERMENHUT_34_2010. ↩︎ ↩︎ ↩︎ ↩︎
[P] Permenhut 34/2010, Pasal 12, and Pasal 13, 16 and 17 as amended by P.16/Menlhk-II/2015. regulation_id PERMENHUT_34_2010. ↩︎ ↩︎ ↩︎ ↩︎
[P] Permenhut 34/2010, Pasal 3. regulation_id PERMENHUT_34_2010. ↩︎
[P] Permenhut 34/2010, held text: a consolidation incorporating Peraturan Menteri Kehutanan Nomor P.29/Menhut-II/2014 (in force 16 May 2014) and Peraturan Menteri Lingkungan Hidup dan Kehutanan Nomor P.16/Menlhk-II/2015 (in force 8 April 2015). regulation_id PERMENHUT_34_2010. ↩︎
[P] Peraturan Pemerintah Nomor 23 Tahun 2021 tentang Penyelenggaraan Kehutanan, Pasal 53, 75, 76, 77, 300 and 301 and closing formula. regulation_id PP_23_2021. ↩︎ ↩︎
[E] "PERMENHUT 34/2010: Community-Based Forest Management Systems", CRPG regulatory tracker, crpg.id, 26 November 2025. https://crpg.id/permenhut-34-2010-community-based-forest-management-systems/ (free sign-in required on crpg.id) The post carries a notice that it is AI-generated; it is cited for the record of the development, not for its legal content. ↩︎
[E] "Forest Area Function Change Procedures Under PERMENHUT 34/2010", CRPG regulatory tracker, crpg.id, 26 November 2025. https://crpg.id/forest-area-function-change-procedures-under-permenhut-34-2010/ (free sign-in required on crpg.id) The post carries a notice that it is AI-generated; it is cited for the record of the development, not for its legal content. ↩︎
[P] Undang-Undang Nomor 41 Tahun 1999 tentang Kehutanan, Pasal 6 ayat (2), and Pasal 19 ayat (1) and (2) as amended by Perppu 2/2022, with its elucidation. regulation_id UU_41_1999. ↩︎
[P] Permenhut 34/2010, Pasal 1 angka 13 to 17 and 19. regulation_id PERMENHUT_34_2010. ↩︎
[P] Permenhut 34/2010, Pasal 2. regulation_id PERMENHUT_34_2010. ↩︎
[P] Permenhut 34/2010, Pasal 18 and 19. regulation_id PERMENHUT_34_2010. ↩︎ ↩︎