| Full title | Peraturan Menteri Kehutanan Nomor P.85/Menhut-II/2014 tentang Tata Cara Kerjasama Penyelenggaraan Kawasan Suaka Alam dan Kawasan Pelestarian Alam |
|---|---|
| Citation | Permenhut P.85/Menhut-II/2014; Berita Negara 2014 No. 1446 |
| Jurisdiction | Indonesia |
| Enacted by | Minister of Forestry |
| Signed | 29 September 2014 |
| Promulgated | 1 October 2014 |
| Effective | 1 October 2014 |
| Implements | Pasal 43 ayat (3) of Peraturan Pemerintah 28/2011 |
| Amended by | Permen LHK P.44/MENLHK/SETJEN/KUM.1/6/2017 (in force 20 July 2017) |
| Replaces | Keputusan Menteri Kehutanan 390/Kpts-II/2003; Permenhut P.19/Menhut-II/2004 |
Peraturan Menteri Kehutanan 85/2014 (Peraturan Menteri Kehutanan Nomor P.85/Menhut-II/2014 tentang Tata Cara Kerjasama Penyelenggaraan Kawasan Suaka Alam dan Kawasan Pelestarian Alam) is an Indonesian ministerial regulation that sets the procedure by which the managers of nature reserve areas and nature conservation areas may enter into cooperation with outside partners. It was signed by the Minister of Forestry on 29 September 2014 and took effect on its promulgation on 1 October 2014.[1] It was issued to implement Pasal 43 ayat (3) of Government Regulation 28/2011 on the management of those areas, and forms part of the body of rules surveyed at forestry and land use regulation in Indonesia.[2][3]
The regulation recognises two kinds of cooperation: cooperation to strengthen the functions of the areas and conserve biodiversity, and cooperation for strategic development that cannot be avoided, such as border and defence works, communications, limited transport, energy networks and disaster mitigation.[4][5] It lists who may be a partner, the obligations partners carry, the route by which an application reaches the minister, the director general or the head of the local management unit, the maximum length of an agreement, the ownership of assets when an agreement ends, and the monitoring and evaluation of cooperation.[6][7][8][9][10][11]
The regulation was amended in 2017 by Regulation of the Minister of Environment and Forestry P.44/MENLHK/SETJEN/KUM.1/6/2017, and the text held in the CRPG regulation vault is a consolidation that incorporates that amendment.[12] It revoked the earlier cooperation rules of 2003 and 2004.[13] CRPG's regulatory tracker published three analyses of it on 26 November 2025.[14][15][16]
Indonesian law divides conservation forest into nature reserve areas (kawasan suaka alam, KSA), nature conservation areas (kawasan pelestarian alam, KPA) and hunting parks.[17] The regulation defines a KSA as an area, on land or in water, whose main function is the preservation of plant and animal diversity and its ecosystems and which also serves as a life-support system, and a KPA as an area whose main functions are the protection of life-support systems, the preservation of species diversity and the sustainable use of living natural resources.[18] Its preamble names as legal bases Law 5/1990 on the conservation of living natural resources and Law 41/1999 on forestry, as amended by Law 19/2004, together with Government Regulation 28/2011.[2:1]
Government Regulation 28/2011 allows the management of a KSA or KPA to be carried out in cooperation with business entities, international institutions or other parties, for the strengthening of the areas' functions or for strategic development that cannot be avoided, and leaves the procedure to a ministerial regulation.[3:1] Permenhut 85/2014 is that regulation. Pasal 2 states its objective as strengthening the governance of area management and the conservation of biodiversity.[4:1]
Pasal 1 defines cooperation (kerja sama penyelenggaraan) as joint activity built on a common interest to make the management of an area more effective, or undertaken for special reasons of national resilience, and a partner (mitra) as a party that brings funds or technical expertise to the area's manager in pursuit of conservation aims.[18:1] Unavoidable strategic development (pembangunan strategis yang tidak dapat dielakkan) is defined as activity with a very important national influence on sovereignty, defence and security, communications, limited transport and electricity networks.[18:2]
Under Pasal 5, a partner may be a business entity (a state-owned, regionally owned or private enterprise, or a cooperative), an international institution, or another party. The other parties listed include government agencies and state institutions, provincial and district governments, community groups, non-governmental organisations, individuals, educational institutions and foundations.[6:1][18:3] The 2017 amendment added definitions of international institutions and of community organisations (organisasi kemasyarakatan).[18:4] The chapter on cooperation to strengthen the areas' functions (Pasal 6 to 12) is missing from the held copy of the text, and its content is not described here.[12:1]
Pasal 13 groups unavoidable strategic development into five kinds of work.[5:1] Works affecting sovereignty and defence include the mapping and marking of the state border, border roads and posts, docks for border patrol vessels, defence communication towers, radar, helipads, military training areas and inter-provincial roads. Communications works include towers, surveillance posts, footpaths for maintenance, generator or solar houses, which must be built underground to limit noise, and cable or fibre-optic networks on land or under water.
Limited transport covers roads connecting isolated areas and roads in border regions, waterways, navigation towers and lighthouses, docks and roads that existed before the area was designated; a road connecting an isolated area may be built only to serve settlements whose existence is already recognised, and only as a macadam road. Energy works cover the use of existing geothermal energy, electricity transmission towers, cables and maintenance roads. Disaster mitigation, added in 2017, covers evacuation routes, flood canals, river normalisation, small reservoirs (embung), volcano monitoring equipment, retaining structures, early warning systems and preparedness training.[5:2]
Pasal 18 obliges every partner to provide and maintain the facilities the cooperation needs, to help protect the surrounding area from fire and encroachment, to avoid construction that fragments habitat and disrupts the movement of wildlife, to avoid using living or dead material that could introduce invasive species or change the area's function, to protect wildlife, to supply data, to restore ecosystems damaged by the works, to involve the staff of the local management unit, and to keep buildings in harmony with the landscape. International institutions and business entities must also supply the personnel who carry out the work.[7:1]
Partners that build limited transport face further duties under Pasal 19. A road builder must install barriers and speed controls and provide corridors, crossings or tunnels for animals; a water transport operator must prevent pollution from vessels, control noise and speed, provide waste treatment and maintain the channel; and both must put up traffic signs relating to animal movement.[7:2]
For cooperation to strengthen the areas' functions, a partner submits a proposal setting out the purpose, targets, activities, duration, map and funding; an international institution must also attach a recommendation from the government body responsible for international cooperation. The application goes to the minister when the partner is an international institution, to the director general when the site spans more than one management unit, and to the head of the management unit (unit pengelola, a nature conservation or national park office, or a regional grand forest park unit) when it lies within one.[8:1][18:5] Approval at ministerial or director-general level leads to a memorandum of understanding (nota kesepahaman), followed by a cooperation agreement and an implementation plan; approval at unit level leads directly to an agreement signed by the head of the unit. The formats of the memorandum and the agreement are set in Lampiran I and II.[8:2][19]
An application for strategic development is made to the minister. It must be accompanied by the proposal, recent satellite imagery at 15-metre resolution with its interpretation, a location map at a scale of at least 1:50,000, an infrastructure plan approved by the relevant body, a field survey of vegetation cover and priority species, and the technical consideration of the head of the management unit. The environmental documents (AMDAL, UKL-UPL or SPPL) for roads, communication networks and electricity networks are submitted after the cooperation has been approved.[20] The applicant presents the proposal before the director general; where the works could harm the important values of the area, such as protected species, habitat or ecological processes, the director general forms a team to carry out a field study at the applicant's cost. The agreement is signed by the director general once the minister has approved it.[20:1]
An agreement to strengthen the areas' functions runs for at most five years, and an agreement for strategic development for at most ten years; both may be extended on the basis of an evaluation, and an extension must be requested at least six months before the agreement ends.[9:1] The agreement must cover, among other matters, the parties, the location and size of the area, rights and obligations, intellectual property, the status of assets, termination, dispute settlement and funding, and must add obligations on the transfer of knowledge and skills, a prohibition on taking materials and specimens out of the area, the ownership of patents and publications, the sharing of benefits from intellectual property and the handover of baseline data.[19:1] The implementation plan and annual work plan must be drawn up within three months of signature, failing which the first party cancels the agreement.[21]
International institutions may not raise funds within Indonesia under a cooperation. Partners must give priority to Indonesian experts, and foreign experts must be accompanied by an officer of the directorate general and be the subject of a permit application at least two months before work begins.[21:1] An agreement ends when its term expires, when the partner commits a forestry crime, or when a party withdraws. When it ends, all movable and immovable facilities built under it pass to the state in good condition for conservation use; items that do not become state assets must be removed from the area.[21:2][10:1]
Monitoring takes place at least once a year. Evaluation takes place at least once every five years for cooperation lasting up to ten years and at least once for cooperation lasting less than five, and in any case no later than one year before an agreement ends; the parties report jointly to the director general.[11:1] The regulation serves as a guideline for provincial and district governments in cooperation within grand forest parks (taman hutan raya).[22]
Existing oil or geothermal operations licensed before an area was designated as conservation forest, whose agreements were signed under the 2003 and 2004 rules, continue until their agreements end; the 2017 amendment added that existing oil operations, waste treatment installations and landfills licensed before designation remain and may enter into cooperation under the regulation. Pasal 44 revoked Keputusan Menteri Kehutanan 390/Kpts-II/2003 on cooperation in the conservation of living natural resources and Permenhut P.19/Menhut-II/2004 on collaborative management of KSA and KPA, and the 2017 amendment revoked the conservation provisions of the ministry's 2015 guideline on domestic cooperation.[22:1][13:1]
K195 · Work URI /akn/id/act/permenhut/2014/85 · RegVault PERMENHUT_85_2014[P] Permenhut 85/2014, Pasal 45 and closing formula (Ditetapkan di Jakarta pada tanggal 29 September 2014, signed by Minister of Forestry Zulkifli Hasan; Diundangkan di Jakarta pada tanggal 1 Oktober 2014; Berita Negara 2014 No. 1446). regulation_id PERMENHUT_85_2014. ↩︎
[P] Permenhut 85/2014, preamble, Menimbang (implementing Pasal 43 ayat (3) of PP 28/2011) and Mengingat (Law 5/1990, Law 41/1999 as amended by Law 19/2004, PP 36/2010, PP 28/2011 and others). regulation_id PERMENHUT_85_2014. ↩︎ ↩︎
[P] Peraturan Pemerintah Nomor 28 Tahun 2011 tentang Pengelolaan Kawasan Suaka Alam dan Kawasan Pelestarian Alam, Pasal 43 ayat (1) to (3). regulation_id PP_28_2011. ↩︎ ↩︎
[P] Permenhut 85/2014, Pasal 2, 3 and 4. regulation_id PERMENHUT_85_2014. ↩︎ ↩︎
[P] Permenhut 85/2014, Pasal 13, 14, 15, 16, 17 and 17A, as amended in 2017. regulation_id PERMENHUT_85_2014. ↩︎ ↩︎ ↩︎
[P] Permenhut 85/2014, Pasal 5 ayat (1) and (2). regulation_id PERMENHUT_85_2014. ↩︎ ↩︎
[P] Permenhut 85/2014, Pasal 18 ayat (1) and (2) and Pasal 19. regulation_id PERMENHUT_85_2014. ↩︎ ↩︎ ↩︎
[P] Permenhut 85/2014, Pasal 20 to 25. regulation_id PERMENHUT_85_2014. ↩︎ ↩︎ ↩︎
[P] Permenhut 85/2014, Pasal 29 and 30. regulation_id PERMENHUT_85_2014. ↩︎ ↩︎
[P] Permenhut 85/2014, Pasal 37 ayat (1) to (4). regulation_id PERMENHUT_85_2014. ↩︎ ↩︎
[P] Permenhut 85/2014, Pasal 38, 39, 40 and 41. regulation_id PERMENHUT_85_2014. ↩︎ ↩︎
[P] Permenhut 85/2014, held text: a consolidation incorporating Peraturan Menteri Lingkungan Hidup dan Kehutanan Nomor P.44/MENLHK/SETJEN/KUM.1/6/2017, whose note records entry into force on 20 July 2017. The held text runs from Pasal 5 directly to Pasal 13; Pasal 6 to 12 are not in it. regulation_id PERMENHUT_85_2014. ↩︎ ↩︎
[P] Permenhut 85/2014, Pasal 44. regulation_id PERMENHUT_85_2014. ↩︎ ↩︎
[E] "How Can Conservation Area Partnerships Be Formed Under PERMENHUT 85/2014?", CRPG regulatory tracker, crpg.id, 26 November 2025. https://crpg.id/how-can-conservation-area-partnerships-be-formed-under-permenhut-85-2014/ (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] "Cooperation Procedures for Nature Reserve and Conservation Area Management Under PERMENHUT 85/2014", CRPG regulatory tracker, crpg.id, 26 November 2025. https://crpg.id/cooperation-procedures-for-nature-reserve-and-conservation-area-management-under-permenhut-85-2014/ (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] "What Conservation Area Cooperation Requirements Apply Under PERMENHUT 85/2014?", CRPG regulatory tracker, crpg.id, 26 November 2025. https://crpg.id/what-conservation-area-cooperation-requirements-apply-under-permenhut-85-2014/ (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 and 7 and the elucidation of Pasal 7. regulation_id UU_41_1999. ↩︎
[P] Permenhut 85/2014, Pasal 1 angka 1, 2, 6, 7, 8, 9, 9A, 9B and 18, as amended in 2017. regulation_id PERMENHUT_85_2014. ↩︎ ↩︎ ↩︎ ↩︎ ↩︎ ↩︎
[P] Permenhut 85/2014, Pasal 23 ayat (7) and Pasal 31 ayat (1), (3) and (4). regulation_id PERMENHUT_85_2014. ↩︎ ↩︎
[P] Permenhut 85/2014, Pasal 26, 27 and 28. regulation_id PERMENHUT_85_2014. ↩︎ ↩︎
[P] Permenhut 85/2014, Pasal 32 ayat (5) and (6), Pasal 34, 35 and 36. regulation_id PERMENHUT_85_2014. ↩︎ ↩︎ ↩︎
[P] Permenhut 85/2014, Pasal 42, 43, 43A and 44A, the last revoking the conservation cooperation provisions of Peraturan Menteri Lingkungan Hidup dan Kehutanan Nomor P.78/MENLHK-SETJEN/2015 (Berita Negara 2016 No. 167). regulation_id PERMENHUT_85_2014. ↩︎ ↩︎