The Effectiveness of Article 33 Act Number 5 of 1990 Concerning

Conservation in the Area of Lore Lindu National Park Central

Sulawesi

Agus Lanini and Sutarman Yodo

Universitas Tadulako, Palu, Indonesia

Keywords: Effectiveness, Conservation Law, National park

Abstract: The research aim is knowing and explaining the level of effectiveness conservation law (Act No. 5, 1990)

into conserve the forest of the national park, and to know and understanding the influenced factor of the

conservation weakness in the Lore Lindu National Park. Those conduct through juridical sociologies

approach by finding the social and legal fact in the society than in last analyse it will found alternative solve

of the problem. Generally, the influence factors of the weakness and ineffectiveness of the conservation law

depend on various factor such as culture, society, substance, apparatus, and equipment. That is well known

people live surround the forest as be a part of culture, people also have been a long time making and fulfill

their need from the forest, even economic need tend to increase, unlike the other three factors culture and

society looks dominant. Likewise, substance of the law, apparatus and equipment are not appropriate yet

1 INTRODUCTION

The Lore Lindu National Park as an area of

protected forest that according to the regulation

enacted forbid any activities in the forest area. Even

the condition of forests as the area of protected

forest have also started experiencing relegation due

to human action as respond to the government policy

(Abdul Rokhim, 2016; Biagioni et al., 2016), Such

as Decision Minister of Forestry Republic Indonesia

No. 593/Kpts-II/1993, determine an area of national

park approximately 229,000 hectares. The decision

as the basis to manage its definitive boundaries then

in June 23, 1999 confirmed by the new Minister of

Forestry and Plantations, through Decision No.

464/Kpts-II/1999 with an area of 217.991.18

hectares. Meanwhile Forest Act Number 41 of 1999

and Environment Act Number 32 of 2009 both of

them confirmed to conservation law toward

sustainable development program (Acciaioli, 2008;

UU RI No. 32 Tahun 2009 Tentang Perlindungan

dan Pengelolaan Lingkungan Hidup, 2009, UU RI

No. 41 Tahun 1999 Tentang Kehutanan, 1999).

The situation and condition of the protected

forest area of the Lore Lindu National Park along

with the problem rises, it is necessary to view the

policy conducted by the government in carrying out

development. Because development policy during

the time seems to be deny indigenous rights over

natural resources (Siscawati, 2014), enacting

national park at least had the colouring and affect the

communities existence (Harwell and Lynch, 2002a).

From a view of government concerning the

previous forest law seen is not in accordance with

the demands of the development of this currently

who desires the preservation of re forest protection

effectively even more resistant enhanced by

communities surround the national park (Golar, et

al., 2017; Mappatoba et al., 2017a), the new one

enact Law No. 5 of 1990 Concerning Conservation

over Natural Resources and Its Ecosystem was also

debatable. The issue is whether the legislation or the

new can maintain the preservation of the national

park is effectively, if not what are the factors that

influence (UU RI No.5 Tahun 1990 Tentang

Konservasi Sumber Daya Alam dan Ekosistem,

1990).

2 METHOD

Research locations is village of Toro, sub district of

Kulawi. This location is enclave of the Lore Lindu

National Park. The reason that this choice of

location because the area of the Lore Lindu National

1140

Lanini, A. and Yodo, S.

The Effectiveness of Article 33 Act Number 5 of 1990 Concerning Conservation in the Area of Lore Lindu National Park Central Sulawesi.

DOI: 10.5220/0009923911401146

In Proceedings of the 1st International Conference on Recent Innovations (ICRI 2018), pages 1140-1146

ISBN: 978-989-758-458-9

Park is an area that has been designated as a national

park in which there is a protected forest area is quite

extensive and has the potential of sustainably

(Hidayat et al., 2007; Jazuli, 2015).

The research is going to examine the issue of the

effectiveness of the conservation of protected forest,

then that becomes the area/region population is Lore

Lindu National Park and its residents who lived

around the area of the national park. The population

was henceforth will be set in purposive sample of

the total population with the consideration that the

required data is limited and specialized nature,

means the samples considered representative.

In addition to using secondary data in the form of

research results, searches against rules with regard to

material research, journal articles and experts, then

this study also uses the primary materials

participatory rural appraisal. Therefore to achieve

the first goal (1), then the data collection was done

with searches libraries especially legislation related

to forestry. While the second goal (2), then the data

collection is done by direct observation and

interview with deep against the protected forest area

include existing community conditions in the

protected forest areas. In addition, the participatory

rural appraisal conducted through small focus group

discussion for certain group of the communities

existing (Hertogh, 2018). Qualitative analysis using

to know and describe whether the conservation of

Lore Lindu National Park running effective or not in

accordance with the applicable law (Zumbansen,

2009).

3 FINDING AND DISCUSSION

3.1 The Effectiveness of Article 33 Act

No. 5 of 1999 Concerning

Conservation in Lore Lindu

National Park

Article 33 of Conservation Act Number 5, 1990

stated: (1) any person prohibited from engaging

activities that may result in changes to the integrity

of the core zone of the National Park; (2) The

changes of the integrity core zone referred to in par.

(1) include reduce, eliminate functions as well as

add other types of plants and animals that are not

original; (3) any person prohibited from doing

activities that are incompatible with the function and

utilization of zones and other zones of national

parks, forest parks, and theme parks.

The article mentioned above that the prohibitions

are intended to alert any people to take any account

for conserving the national park, therefor any

violation over article will be punished according to

article 40 Act No.5 of 1990. The sanction is quite

heavy whether imprisonment no longer than 10 (ten)

years or a maximum fine amount Rp.

200,000,000.00 (two hundred million rupiah).

Even thought, since 28 years ago the court have

never judge any case related the article 40 of the

conservation law. There are many reason whether

from a view of government or from the

communities. Lack of legal resources as well as

technology and information are moving forward

with the legal communities needs.

Base on field trip, it is a contradiction between

norm settled in the article 33 par. (1) and (3) of Act

No.5 of 1990 and the fact that indigenous people had

had for a centuries using the area resources with

their traditional knowledge. The norm of state law

create with out considering the living law as one of

the legal sources.

Theoretically, enforcement of the laws on

anyway is an activity harmonize relationship

describe values in the norms and behaviors as a

steady value of the final stage of discussion to

create, nurture and sustain peace association live

(Allott, 1981a). Refere to this statement, the efforts

of enforcement of the conservation law in Lore

Lindu National Park means an effort to syncronize

between the norms or rules stated in legislation and

human behavior. In the sense that it should function

in accordance with the provisions set forth in Act

No. 5 of 1990.

The efforts of law enforcement, in particular Act

No. 5 of 1990 in Lore Lindu National Park,

encountered several obstacles as part mentioned

above, such as less appropriate device supporting

legislation such as ranger and equipment with a

means any of its support.

The other problem is a synchronization among

related regulation due of article 42 of the Act No. 5

of 1990 stated, "all the laws and regulations in the

areas of conservation of natural resources, the

ecosystem and biodiversity that has been there, not

in conflict with this act, remain valid until the

promulgation of the new implementation regulations

based on law". The article potentially raise an

uncertainty because law enforcement ought to be

guaranty about the certain regulation that have to be

complied by all citizen or equality before the law.

As mentioned article 33 supported by article 40

mean every violation related conservation has to be

covered by the both article, so article 42 reduce

these previous article.

The Effectiveness of Article 33 Act Number 5 of 1990 Concerning Conservation in the Area of Lore Lindu National Park Central Sulawesi

1141

Synchronizing with the level of horizontal and

vertical in procedures of enforcement used

mechanism of network system, such Penal Code

(KUHP), Act No. 41of 1999, Act No. 32 of 2009

and Government Regulation No. 28 of 1998,

theoretically these regulation are mutual supporting

but some time contradiction each other in the

certain case of conservation.

The synchronizing that affect the effectiveness is

also determined by the officer who exercised the

regulation. Conservation that did not understood

enough will be note as a usual problem of

environmental that caused the related provision as

supporting of conservation law are considered.

A series of provisions in the afore mentioned and

observations researchers in the field have not yet

implemented, this indicates that Act Number 5, 1990

and Act Number 41, 1999 have not been effective in

law enforcement in Lore Lindu National Park.

Accordingly, forest law article 81 Act Number 41of

1999 as well as its explanation stated conservation

law and other environment regulation in force prior

to the enactment of these act are declared to remain

valid. Means direction to conserve or protect the

forest are still kept by the government. These

conditions will make it difficult when it has come to

the stage of formulation legal action. Article 33 Act

No. 5 of 1990 paragraph (1) and (2), where the

existence of the core zone is not clearly lying. Mean

the article could not to be realized cause of its

instrument in order to implement are not supported

well.

However, there are several constrains in

enforcing of the law in area of national park such as

the completion of structuring and settlement area

boundaries and the completion of structuring the

limit area represents. This led to the still overlapping

areas for the onset of development activities with

other sectors, such as irrigation, roads, bridges,

houses of worship and others (Ervin, 2003;

Soehartono and Mardiastuti, 2014; Uyeda et al.,

2016).

So far, the role of forestry officer (rangers) are

very important in law enforcement, especially in the

field of forestry, it is defined in article 77 par. (1)

Act No. 41. 1999 mentioned that in addition to the

investigating officials of the State police of the

Republic of Indonesia, officials of the civil servants

The specific scope of civil duties and responsibilities

include the management of forests, as a special

investigator was authorized as mentioned in the

book of the law of criminal procedure. However, in

practice these roles often failed to be implemented

(Ronald B. Mitchell, 2007).

The ranger as one of an forestry officer hold

responsiblity toward the effectives conservation law

event, they have a multi task with less incentive. It is

realised that high expected unbalance with the

ranger needs will potentially their work quality. In

fact, there are some ranger indicate involved in case

encroachment of national park.

Although on July 18, 2000, residents of Toro

witnessed the signing of the official of Toro

recognition of indigenous territories village/Ngata

Toro by head of the Lore Lindu National Park. The

recognizes the existence of territories adapt Ngata

Toro acres more or less 18,360 hectares are in a

national park to be managed according the

knowledge requirement of the indigenous regions of

Toro, because it equal with zoning system in the

area, even the zoning itself has not been established

officially.

Unlike national park, the local zoning is

composed of; (i) wana Ngkiki is equivalent to the

core zone covering an area of approximately 2,300

acres., (ii) wana rimba zone equivalent 11,290

acres., (iii) pangale equivalent of traditional

utilization zone covering an area of approximately

2,950 hectares, (iv) oma equivalent of intensive

utilization zone with regard to land tenure system

wisdom of Toro 1,820 hectares, including

approximately 18,000 acres in the implementation-

defined by the Central Government as a national

park in 1993 (Biagioni et al., 2016a).

The setup area and division of zoning is still in

the stage of settlement or proposal for the

promulgation of legal power in the form of a

decision letter of the government. The complicated

settlement of the area are often caused the

communities especially indigenous people marked

as the suspect of encroachment of the national park.

Because they are supposed as a person who will

destroy the park. While the people felt what they did

as their custom for a long time to support their daily

needs.

The potential failure of enforcement of

environmental law, as good as any ruling regulation

would be blunt when not counterbalanced and moral

integrity of law enforcement officers. This could be

due to the low level of welfare officers still as

visible on the ground or because of lack of

supervision from superiors.

Base on the above mention that the effectiveness

of article 33 Act No. 5 of 1990 are related to the

substance itself, including synchronizing with the

other regulation related. Human resources as

determinant factor that exercised the regulation. Any

negligent and/or mistaken conducted by them will

affect a whole system of the conservation law. That

is proven article 33 having many constraint to

enforce effectively.

ICRI 2018 - International Conference Recent Innovation

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3.2 The Factors Influenced

Conservation of Lore Lindu

National Park as Protected Forest

Theoretically, reviewed from the angle of its

function then the law can serve as a means of social

control, a means to make updates and also as a

means to facilitate the process of social interaction

(law as a facilitation of human interaction). The

function of law in the expedited process are

expected to be social interaction can create a

harmonious reciprocal expectations (shared

reciprocal expectations) between residents of the

community and also with the norms that govern

them (Friedman, 1986; Griggs, 2017; Ronald B

Mitchell, 2007; Murray Li, 2000; Zumbansen,

2009).

With regard to the protection and preservation of

the environment around the Lore Lindu National

Park. According to the village head/Nagata Toro,

residents on site research understand that protected

forest and Lore Lindu National Park is important

and it is a duty to maintain and keep the preserved

(interview, head village of Ngata Toro).

So far, communities of the village there is only

a small portion of forest cleared around joint limits

pal of national park which is a security zone for the

village which lies at the bottom of the garden area

(the Lore Lindu National Park). Encroachment of the

national park happened because the acreage of

forests for other uses that are located around the

protected forest is forbidden to be utilized by the

villagers/Ngata Toro (interview with the head of the

village/Ngata Toro).

Nevertheless the communities of Ngata Toro

have known the importance of the existence of a

protected forest or forest National Park. It is quite

helpful in suppressing the action of forest

encroachment. As the Government's attempt to

desseminate the importance of the protection of the

environment of the forest, the head of the Ngata

Toro has attended several meetings both within the

country and abroad (Birner and Mappatoba, 2002;

Deschamps and Hartman, 2005; Glenk et al., 2007;

Harwell and Lynch, 2002b).

As it has been expressed that the villagers/Ngata

Toro generally edged livelihood as a farmer.

According to the village head/Ngata Toro, the

villagers in planting season was very busy due of

taking care of his farm and after that they still

maintain and keep the plants, so they didn't get to do

other activities (interview with the head of the

village/Ngata Toro).

However, other activities mentioned by the head

of the village can be done that are not included in

livelihood which remains however support can even

bring in profit personally like logging (forest),

searching for rattan, and catches of protected

animals (wildlife). The activity of searching for

rattan and resin is only done at the time the villagers

to cultivate his field is inactive or failed harvest due

to the attack of pests or weeds, then only performed

at certain seasons in case any order from buyer

(trader gatherer) (Allott, 1981b; Glenk et al., 2007;

Golar, et al., 2017; Mappatoba et al., 2017a).

Tree-felling activities (forest), spanking, and

catching animals/endangered animals will cause

damage to forests caused by changes that occur in

natural forest ecosystems which resulted in the

withdrawal of the value and function of forests as

well as its environment. The occurrence of a change

in the form of weak implementation of forest

conservation by society in the village/Ngata Toro

can be seen through some of the factors that affected

it. Their behaviour can be described wether regard or

disregard to the implementation of conservation in

everyday life (Acciaioli, 2008; Allott, 1981b;

Gantika and Wibowo, 2013; Ronald B Mitchell,

2007).

Based on observations made in the field of

acquired data and information regarding the

population growing rather than land increasingly

narrower to meet the needs of their life. While

acreage community garden is located in the area of

the Lore Lindu National Park. The existence of the

settlement communities that directly borders on the

national park area is one of the threats to the

preservation efforts of the middle of attempted.

Economic conditions coupled with the relatively low

they create opportunities to exploit the natural

resources that exist in the national park. It is also

supported by the culture of the society that are still

profitable for his needs in natural resources available

(Deschamps and Hartman, 2005; Glenk et al., 2007;

Golar, et al., 2017; Haller and Galvin, n.d.; Harwell

and Lynch, 2002b; Hidayat et al., 2007; Murray Li,

2000).

During the research in the field trip, researchers

found people who carry a machine (chainsaw). He

was just from a part of the village/Ngata Toro. As it

known that Toro is also the enclave of national park

so that the residents who brought the common tools

used to cut or cut trees in the forest area without the

permission of an authorized officer may be referred

to as a criminal offence.

Both of the two important thing conservation and

development including human being for example

indigenous people who live surround the national

park are equally into the main objective of national

development of Indonesia. Violation toward the

conservation law parallel with the government

conservation policy, mean they need a balance to

support each other.

The Effectiveness of Article 33 Act Number 5 of 1990 Concerning Conservation in the Area of Lore Lindu National Park Central Sulawesi

1143

The occurrence of illegal logging activities as

well as taking wood or rattan good for purpose of

living, for the manufacture of home and crafting

needs (Mehring and Stoll-Kleemann, 2011) as well

as for the needs of trades done by residents from

outside the village/Ngata Toro, they entered the area

of Toro in a way across the village (interview, head

of sub village).

There are various indicators contribute the factor

influenced of the conservation such economic,

immigration, education, information and technology,

culture, and personal behavior of national park

ranger. The most factor is economic indicator that

communities needs are related to fulfill their living

with family needs. Increasing a member of family

automatically has to be supported by income which

limited in the scope of village. Natural resouces that

available in national park that have for a long time

used with tradional knowledge has become exploite

to more economic reason.

Despite of the owners of capital are crucial in

directing the activity of residents due to a

dependency to capital owned by the entrepreneur

(Herriman, 2017). This is one threat to conservation

in Lore Lindu National Park, although this is an

interact indirect personally. Activities the taking of

rattan, wood and other forest products is done by the

community around national parks besides because

economic clash is also due to the request of the

owners of capital (Mappatoba et al., 2017b). With

his power, he will persuade the community to

perform the retrieval of wood and rattan within the

national park (interview, employment of rattan in

river).

The level of community education village/Ngata

Toro 58% or nearly two-thirds of the 567 families

only educated primary school (elementary school),

30% are educated high school, junior high school,

and College as well as 12% never school and/or did

not finish elementary school. In general it can be

inferred that the level of awareness of the law,

especially with regard to Act No. 5 of 1990 and Act

No. 41 of 1999 is still low. It is therefore in the

several interview about understanding the meaning

conservation law and forest law as well as

environmental law, several of them have not

comprehend enough. That is why exceptionally their

behaviour tends to disobey the regulation than their

customary laws (Fremerey, 2002; Mitchell, 2000;

Painemilla, 2010; Plummer, 2005).

The above data show that the level of education

of the community of the village/the relative low

Ngata Toro, where most of the low educated, this

reality may be suspected that an attempt to provide

an understanding about the sense of the importance

of the protection of natural resources, the ecosystem

may experience barriers if the approach used only a

top down or follow orders legislation only (Blandy,

2016; Booth and Halseth, 2011; Ninan, 2012).

Indeed, commonly villagers/Ngata Toro saw that

the woods around national park as well as land can

be utilized for the benefit of their economies. Then

the villagers through the village head to apply permit

over forests to meet the needs life. Their application

was received by the head of the national park in

consideration that villager will support the

conservation protected forest. In this case mutual

relation between national park and the communities

surround have had the conservation goal but in many

cases it is quite difficult to realize as an ideal thing.

Then the factors above mentioned are also very

influenced by the man behind the gun. The autority

as the leading sector of the conservation in the

national is national park authority (Balai Taman

Nasional Lore Lindu). The institution equipped with

division task as forest police or ranger. Unfortunetly,

the moral integrity and dedication of the rangers also

remains questionable in several cases. Collusion

between employers of illegal substances and the

attendant rangers is still underway, as informed by

one of the members of the community around the

forest. Then based on the results of an interview

with one of the investigating officers forestry Sigi,

expressed that the involvement of persons who was

the officer in a case of theft of forest products is very

considerable constraints in the implementation of

conservation in the national park (Fathoni, 2013;

Ferry, 2012).

4 CONCLUSIONS

The main factors that affect the legal behavior of the

communities against conservation law are more

than fives factor such as the law it self, society,

apparatus, equipment, and culture, even economic.

There are interrelated each other to be a more

influence action of law, a bundle of conservation

regulation could not settle the communities problem

in conserve the national park.

The effectiveness of the regulation not only

determinate by law enforcement instrument because

its have not been adequate as a means of supporting

implementation, regulation, but the rule making

have to be consider the living law as a part of

communities culture. It is proven in this research the

weak of substance of the law, disintegrated moral of

the apparatus, and the equipment to support law

enforcement un equal with the needs.

ICRI 2018 - International Conference Recent Innovation

1144

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