Land-burning rule divides West Kalimantan leaders
PONTIANAK, thekabarnews.com—West Kalimantan Governor Ria Norsan has pledged to act on a central government instruction to repeal Regional Regulation No. 1/2022. In response to widespread forest and...
PONTIANAK, thekabarnews.com—West Kalimantan Governor Ria Norsan has pledged to act on a central government instruction to repeal Regional Regulation No. 1/2022. In response to widespread forest and land fires (Karhutla), the province is intensifying its efforts.
The regulation governs land clearing based on local wisdom, including limited and controlled burning by traditional farmers.
Its proposed repeal has prompted criticism from House Commission V Chairman Lasarus and former West Kalimantan governor Sutarmidji. They argue that authorities must protect Indigenous farming practices and consider the national law behind the two-hectare provision.
“The Home Minister told me that the order was to repeal Regional Regulation No. 1/2022. Because this is an emergency, it must be revoked immediately,” Norsan said, according to a video posted on Facebook.
Norsan said authorities would apply the law to all suspected violators, rather than focusing solely on farmers.
“This regulation is not limited to traditional farmers. It applies to everyone, including corporations, companies and all West Kalimantan residents,” he said.
“We will impose sanctions and summon the company. If the violation is proven, we will take action,” Norsan added.
Regional Regulation No. 1/2022 allows traditional farmers to clear no more than two hectares per household through limited burning.
It requires farmers to build firebreaks, prepare adequate firefighting equipment, notify neighboring landowners in advance and supervise the site until they fully extinguish the fire.
The regulation also prohibits burning on peatland. Farmers must notify village authorities and use the cleared land for traditional crops such as rice, secondary food crops or vegetables.
The national law No. 32/2009 on Environmental Protection and Management generally prohibits land burning. It retains an exception based on local wisdom.
Its official explanation limits the exception to two hectares per household and requires firebreaks.
The national legislation database still listed the regional regulation as effective when this report was prepared.
Lasarus argued in a separate video that customary farmers generally do not cultivate peatland. He also urged the government to avoid imposing a blanket prohibition on traditional land-clearing practices.
In an earlier statement, he warned against prosecuting farmers who comply with the two-hectare limit.
“Do not let the authorities arrest our people again when they cultivate no more than two hectares,” Lasarus said.
Sutarmidji, who signed the regulation as governor in May 2022, argued that repealing it would not remove the underlying provision in national law.
“Repealing the regional regulation is pointless if the law is not revoked. Revoke or amend the two-hectare provision in the law first. Otherwise, what purpose does repealing the regional regulation serve?” he said, according to Ruai TV.
Norsan said the Public Works Ministry would support the emergency response by developing wells approximately 60 to 80 meters deep.
The government plans to prioritize Ketapang, Kubu Raya, Mempawah, Sanggau and North Kayong. They will use the wells to supply firefighting operations and communities facing water shortages.
The policy debate now centers on whether repeal would improve fire prevention or remove safeguards. These safeguards regulate a practice still recognized under national law.
Any final action will require a clear legal process and protections. These must distinguish subsistence farming from negligent or commercially motivated burning.
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