VI. Policy in the reformasi era: Creating new systems of patronage vs. getting prices and incentives rightIn the aftermath of thirty years of unofficial draining of rents from the forest products sector, and with both illegal and non-sustainable logging on the rise, the Department of Forestry has responded with two sets of reforms. The two could not be more different from one another. The first set of policies  justified in terms of taking away timber resources from the politically-connected conglomerates and returning those resources to the people  nevertheless amounts to little more than a new, hastily-erected system of timber patronage. The Department of Forestry has either issued, or will shortly issue, new regulations for a redistribution of shares in all newly-extended timber concessions, with 20 percent going to cooperatives (and another 10 percent to provincial government forestry corporations), as well as the distribution of concessions under 10,000 hectares to cooperatives at the discretion of governors. (See Appendix 1 on page 86 for a complete list of reassigned timber concessions.) At the same time, the government says it will issue limitations on all newly issued individual timber concessions of 50,000 hectares, on the overall concession holdings of timber groups of 100,000 hectares per province, and of 400,000 hectares nationwide. A second set of market-oriented policies are also being implemented by the government. These policies focus on introducing prices and incentives which will encourage the sustainable management of Indonesia's timber industry, and arose from more than of a decade of collaboration between academics, NGOs, international institutions, and the donor community. With the advent of the monetary crisis, the government agreed to go along with this second set of reforms. The cornerstone of this set of policies is bringing the depressed prices of Indonesian logs and rough sawn timber into line with higher world prices. The prices of these two commodities have been artificially low for more than a decade because the government used high tariffs to discourage their export. Last year the government agreed to remove these tariff barriers. This chapter explores the Department's divergent reform-era agenda, characterized on one hand characterized by a new system of patronage, and on the other by an apparent willingness to re-introduce market discipline. 
 Source: WWF Malaysia, 1997 interview. Sabah will shortly reach the position where its timber resource has degraded to such an extent that mini-concessions will be the only kind of concession left to award. Nearly all licensees in Sabah are mini-concession holders. As of 1996, 92 percent of the state's concessions were under 10,000 hectares, and 84 percent under 5,000 hectares. Concessions of only a few hundred hectares were common (Sabah Department of Forestry 1996). With the exception of the one million hectares held by the Sabah Foundation, of which only 200,000 hectares is virgin forest, the state has no more large concessions to give out. Indonesia, which during the last two to three years was still giving out concessions hundreds of thousands of hectares in size, may find it unimaginable that it will ever end up with depleted forests like Sabah. And yet, with the appearance of the mini-concession, Indonesia is now taking the first steps down the same road. It is, however, important to keep this matter in perspective. While they can easily increase the amount later, and probably will, the Department is currently planning to grant only one million hectares of HPHs to cooperatives, or 2 percent of all HPHs nationwide. In addition, given the less-than-salutary record of concession management by large timber groups, there is little to be lost by giving cooperatives a try. Although the government has no intention of imposing such a restriction, if areas under management by cooperatives were restricted to non-mechanized logging, it is almost certain cooperatives would log in a more sustainable fashion than the timber groups who dominate the industry today. The bottom line, however, is that if the experience of Sabah is any guide, Indonesia should be prepared to say goodbye to forests turned over to cooperatives. 2. Limiting the HPH holdings of timber groups A new law limits the size of any new or extended timber concession to 50,000 hectares, and the overall concession holdings of any timber group to 100,000 hectares within a given province, and 400,000 hectares in the entire country. The only exception to the law is West Irian, where individual concessions are limited to 100,000 hectares, and group holdings to 200,000 hectares. What this new law means for timber companies is this. From now on, no timber company in Indonesia may obtain a new timber concession larger than 50,000 hectares, except in West Irian where the limit will be 100,000 hectares. If a company already has a concession larger than 50,000 hectares, when that concession's license is extended (which ordinarily occurs after 20 years), then the concession will be reduced in size to 50,000 hectares (or 100,000 hectares in the case of West Irian). If a company already has timber holdings in excess of 100,000 hectares in a given province, then that company may not obtain a new concession, nor extend any of its existing concessions in that province, until such time as its provincial holdings fall below 100,000 hectares (except in West Irian, where the limit is 200,000 hectares). Finally, if a timber company has national holdings that exceed 400,000 hectares, then it may not obtain any new concessions, nor extend any of its existing concessions anywhere in the country, until such time as its national holdings fall below 400,000 hectares. This report asks two questions about the limits on the size of concessions and on overall concession holdings. First, what are the implications of these limitations on the ability of timber companies to turn a profit? Second, how easily can these regulations be circumvented? How concession limitations will affect the ability of companies to turn a profit is explored in Scotland 1998. That report concludes that limits on the size of single concessions to 50,000 hectares would be a disaster. In the current economic environment, assuming prices remain stable, assuming that concessions contain, on average, 30 percent non-forested lands, and assuming a discount rate of 25 percent, it would be impossible over the long run for a typical fully mechanized concession under 70,000 hectares to remain profitable, give current levels of technology. 
This is because up-front costs for machines and roads are so large that it is only possible to recoup those losses in concessions of 70,000 hectares or more.  The more the total hectarage of a HPH exceeds 70,000 hectares, the larger will be its profits, until the concession reaches about 100-150,000 hectares, after which its profit rate flattens out. Given that HPHs under 70,000 cannot operate both sustainably and profitably in the current economic environment, it is difficult to endorse the proposed 50,000 hectare limit.  Such limits will, in the long run, not only bankrupt a large segment of the industry, but also dry up a crucial source of revenue for the government.  Again, these findings apply to fully mechanized operations, not small-scale and less capital-intensive operations.  With respect to limitations on concession holdings to 100,000 hectares within a given province, it is again quite difficult to be optimistic about such an idea, so long as it remains coupled with limitations on the size of timber concessions to 50,000 hectares.   Turning, finally, to the limitation of 400,000 hectares on country-wide holdings of timber groups, such a provision by itself would not be harmful, but again, only it were decoupled from the 50,000 hectare per HPH limit. Given that the optimal size of a timber concession is between 100,00 and 150,000 hectares, any company can enjoy the profits of two to three such concessions while still continuing to operate under the proposed 400,000 hectare limit. We now turn to the issue of whether concession size limits can be circumvented. Any timber group can employ a number of strategies to circumvent the 400,000 per conglomerate limit. One such strategy, for example, would be for a timber company which has already acquired timber concessions to spin them off to one or more family members, who then run these concessions under a different company name. This is a strategy that has been underway for some years in Burhan Uray's Djajanti Group. Sujono Varinata, Burhan's son, initially worked inside Djajanti to run the company's eastern Indonesian operations, but now runs his own substantial timber company, the Budhi Nusa group from Djajanti headquarters. Another way that large timber companies might be able to circumvent the proposed 400,000 hectare limit is to purchase logs from concessions owned by other companies. This is an arrangement for which there is a long-standing precedent in Indonesia. To give a current example, the Barito Pacific company purchases part or all of the logs from six timber concessions to which it does not hold licenses. The total hectarage of those concessions is estimated to be 452,100, an area in excess of the total hectarage that Barito Pacific will be allowed to control under the new regulation. Table 6.2 Timber Concessions not owned by Barito Pacific which supply Barito Pacific mills 
 
 It may be that the architects of the proposed regulation limiting total concession ownership to 400,000 hectares have already anticipated that timber companies will employ the strategies outlined above, and other means, to circumvent the size limits. Perhaps 400,000 hectares was decided upon in the first place as a deliberately low threshold which it was anticipated that timber companies would use various mechanisms to exceed. It will be a while before the regulation limiting concession size begins to bite, as it applies only to concessions whose licenses are now in the process of being extended, or will be in the next few years. The problem is, no one seems to be exactly sure how many concessions that is. The following table shows the wide variation in estimates of Department of Forestry and other officials on the number of concessions that will be available in the next few years for reassignment or auctioning. Table 6.3 Variations in official statements on the amount of timber concessions that will expire and be available for reassignment or auctioning during the next one to three years 
 
 To summarize, Indonesia is proposing a variety of new plans which collectively amount to a new policy on the re-distribution of timber concessions. While we applaud the 400,000 hectare national limit, we are concerned that the limits of 100,000 hectares per province may, and the limits of 50,000 hectares per concession almost certainly will, erode what efficiency there is in Indonesian timber operations. We also have concerns that the requirements that 20 percent of shares in new and extended timber concessions be sold to cooperatives, and mini-concessions of under 10,000 hectares be awarded to cooperatives, amount to little more than a new system of political patronage. Moreover, if the new mini-concessions have short tenures, the implications for the forests they contain will be grave. We turn now to reforms designed to raise the depressed prices of Indonesian logs and rough sawn timber and bring them in line with higher world prices. 
 
 
Roundwood Cost:  Department of Forestry data from late 1998 showed that the average nationwide price for a cubic meter of red meranti  the primary wood used to make plywood - was Rp315,000 (US$39)/m3 (Scotland 1998:14).  By March 1999, ITFMP's Pekanbaru pilot KPHP project reported that the price of red meranti had risen slightly to Rp400,000(US$50)/m3.  While the price for illegal red meranti is far lower,  for the purposes of the calculations in this table, we have conservatively decided to use US$50/m3 as our 1999 domestic roundwood price.
 
Plywood Prices for 1998 is derived from Jakarta Post 1999a, which stated that plywood exports were selling for an average CIF price of US$305/m3.  Assuming freight and insurance cost US$40/m3, then the FOB price of plywood was US$265/m3.  Plywood Price for 1999 is derived from the Indonesian Forestry Society (MPI), which estimated that CIF plywood prices were US$420/m3 (Jakarta Post 1999h). Assuming freight and insurance cost US$40/m3, this suggests that the FOB price of plywood right now is US$380. 
 
Depreciation and Interest costs are assumed to be the same after the monetary crisis.  However, because these costs are dollar-denominated, they are higher in rupiah terms.   
 
Exchange Rate is assumed to be Rp8,000/US$1.
 The table on the previous page shows that under current market conditions, plywood companies are able to earn a pre-corporate tax rent of US$86/m3 for each cubic meter of red meranti they buy from their own timber concessions. In short, the plywood rent haven is alive and well, although the spoils no longer appear to flow to Bob Hasan and his political patron. Rather, they appear to be divided amongst a few dozen forest products companies with substantial timber concession and plywood mill holdings. Whether forest products companies are sharing these rents with new political patrons is not known. Unprecedentedly high levels of uncaptured rent from plywood exports provides the industry with a substantial incentive to oppose any increases in their raw material costs. Assuming that plywood groups have succeeded in placing political pressure on the Department of Forestry, this may explain the Department's unwillingness to allow the unfettered resumption of log and rough sawn timber exports. A piece of evidence which corroborates that the industry associations and the Department of Forestry have worked to prevent the free export of logs and rough sawn timber is their well-coordinated campaign to convince observers that (1) there is a domestic log shortage in Indonesia, and (2) domestic log prices are nearly as high as world prices. If these two points were true, there would be a rationale  although not a particularly good one - for not allowing the export of logs and rough sawn timber. For example, if there was a domestic shortage of logs, this would suggest that Indonesian plywood factories were being denied a steady supply of raw logs, while their competitors overseas were poised to enjoy a free flow of raw logs once the lifting of the log and rough sawn timber export taxes went into full effect. Similarly, if domestic log prices were nearly as high as world prices, this would suggest that Indonesian concessionaires could make as much money selling logs at home as exporting them, thus removing an important justification for allowing them to export. It is thus worth examining the twin claims that there is a log shortage in Indonesia, and that Indonesian log prices are comparable to world prices. Is there a log shortage? Claims of a log shortage in Indonesia came as a surprise. During most of 1998, the Department of Forestry said there was a log glut in Indonesia. The figure commonly circulated by the Department of Forestry most of last year was that 5 million cubic meters of Indonesian logs were lying unused due to depressed demand at home and abroad. Then, inexplicably, starting late in 1998, the executive director of the Indonesian Forestry Society (MPI) told reporters that Indonesia was not experiencing a log glut, but rather a log shortage, which he claimed was due to "the La Nina weather pattern" (Jakarta Post 1998). This claim was then taken up by the Department of Forestry's former Direktur PPHH, who told reporters of a "sharp drop in timber supplies, primarily due to heavy rains which have disrupted logging activities and the transportation of timber to mills," and even by the Minister of Forestry, who "asked the International Monetary Fund's approval to postpone the plan to reduce the export tax on timber in order to prevent the domestic log supply from growing even scarcer" (Jakarta Post 1999b). In the end, the Minister of Industry and Trade stepped in and clarified the situation, telling reporters in the plainest possible language that there is no log shortage. "There are currently a lot of unsold logs in Kalimantan's rivers and it's better to export them rather than leave them to rot there. Imagine how much loss we will suffer if we ban the export of logs again." The Minister said, continuing, "Many timber firms have felled trees for export but the logs remain unsold. So it is not true that there is a scarcity of logs on the domestic market" (Jakarta Post 1999f). Exactly one week after making this statement, the Minister of Industry and Trade went ahead and implemented the government's agreement with the IMF to reduce raw log and rough sawn timber export tariffs to 20 percent (Jakarta Post 1999i). Are domestic log prices high? In late November, 1998 the executive director of the Indonesia Forestry Society (MPI) told reporters that "logs were currently priced at around US$85 per cubic meter (in the) local market, while the price on the international market was currently US$110 per cubic meter" (Jakarta Post 1998). This claim was then taken up by the (now former) Department of Forestry's Director of Utilization and Distribution of Forest Products, who told reporters that Indonesian companies "were still reluctant to export their timber because local sales were now more profitable (emphasis added)" (Jakarta Post 1999b). While it is true that international prices for tropical roundwood remain high, research shows that Indonesian domestic roundwood prices are at about half that level. The Ministry of Forestry's own data from September, 1998 showed that the average nationwide price for a cubic meter of red meranti  the main species used to make plywood - was Rp315,000(US$40)/m3 (Scotland 1998: 14). There is no evidence to confirm the claim of the head of the MPI that log prices rose to twice that level in the space of two months. In fact, subsequent research by one of the ITFMP's pilot sustainable forestry management unit (KPHP) projects in Sumatra suggested that wood prices are now lower than levels on which the Ministry of Trade is now calculating forestry revenues. From Pekanbaru it was reported in March, 1999 that a mid-size plywood group was buying red meranti logs from its own HPHs at Rp400,000(US$50)/m3. Meanwhile, in the illegal market, plywood quality logs are selling for even less. In March, 1999 a medium-sized plywood company in Central Kalimantan admitted to supplying 100 percent of its roundwood intake from the illegal market. For full length (2.5 meter) plywood quality red meranti logs, the company is paying the rock bottom price of Rp170,000(US$21), which is comprised of Rp135,000(US$17)/m3 for transport, and Rp35,000(US$4)/m3 for felling and extraction. The emergence of an illegal market in plywood-quality logs suggests that legal supplies of this type of roundwood may be difficult to obtain in some areas. In this narrow sense, the Department may be correct when it says there is a log shortage. Again, while Indonesian industry officials are correct when they say that world prices for red meranti logs are in excess of US$100/cubic meter, it is likely that they are being less than candid in claiming that domestic log prices are approaching those levels. In actuality, plywood companies are buying logs from themselves at somewhere between the prevailing black market rate (US$15-35) and the price on which the Ministry of Trade and Industry calculates timber revenues (US$80), and certainly not more. This report proceeds conservatively, and for its calculations uses the highest price verified in the field, namely, US$50/m3 for red meranti. The basis on which the Department of Industry and Trade currently calculates timber revenue levels for red meranti is Rp640,000(US$80)/m3 (Jakarta Post 1999b). However, basing revenue calculations on a log price does not mean this is the log price. The revenue basis price of logs is not a meaningful guide to the real price of logs. Why have industry and even some government officials taken to maintaining there is a domestic log shortage, and that domestic log prices are high, in the face of so much evidence to the contrary? The most likely explanation is that the Indonesian plywood industry and (some) government officials wish to obscure the magnitude of the above-normal profits that are now flowing to timber groups as a result of being able to buy Indonesian logs from their own concessions at low domestic prices and export them from their mills in the form of plywood at high world prices. Why would Indonesian timber groups wish to obscure the size of the rent they earn? Because if there was widespread recognition that plywood exports are earning substantial excess profits, this would result in that rent being taken away through either higher corporate taxes or more vigorous enforcement of corporate taxes at their current levels. As things stand now, if timber companies can continue to claim  in a way that is not overly-specific  that the prices they are paying for raw logs from their concessions are high, then they can also continue to claim that the profits of their plywood mills are low, and hence those mills will pay lower corporate taxes. But what difference does it make whether timber companies pay higher taxes at their concessions (which is what is happening now), or higher taxes at their mills (which is what would happen if the companies were reporting domestic log prices truthfully)? The difference is substantial  and the implications of this fact go far beyond an arcane point of revenue policy. Given the way that stumpage fees (i.e., revenues paid on raw logs by timber concessionaires) are structured in Indonesia, it is more advantageous for integrated forest companies to have most of their taxes collected at their concessions, rather than at their plymills. Why? Because stumpage fees collected from timber concessions cover only a small part of the trees actually used by the plymill downstream. As has shown in tables 3.8 and 5.6, only a fraction of the timber consumed by most Indonesian plywood mills is purchased from their own or others' timber concessions. Most is either obtained through untaxed black market timber, or low-tax land-clearing (where, for plywood quality red meranti, 40 percent or US$8 less is paid than is the case for the same species harvested selectively from HPHs). As a result, it is not particularly onerous for Indonesian timber companies to pay full timber royalties, and full corporate taxes, on what is after all only a portion of the overall timber they use. In contrast, if timber groups were to admit that they were feeding their mills with low cost logs, they would also have to declare higher profits in the tax returns from their plywood mills, and that would mean paying corporate taxes of 35 percent on the profits based upon the full volume of logs they use. Therefore, it is in the interest of integrated timber companies to create the myth of a domestic log shortage and resulting high domestic prices, as this then allows them to pay stumpage fees and corporate taxes only on the fraction of the wood they obtain from their concessions, while avoiding corporate taxes on the actual profit they earn from the full complement of logs consumed in their plywood mills. In closing, this section has not been intended to be a thorough analysis of all reforms pursued by the Department. Rather, it has been an attempt to highlight the two divergent types of reform being pursued by the Department. The first constitutes an effort to resurrect a new system of timber patronage, among whom the beneficiaries are those elements in the current government wishing to organize economic activity and political patronage through cooperatives. In order to achieve this, the Department of Forestry has issued, or will issue, new regulations calling for: (1) a redistribution of 20 percent of the shares in individual timber concessions to cooperatives, and another 10 percent to timber companies controlled by provincial governments, as well as the distribution of concessions as large as 10,000 hectares to cooperatives at the discretion of governors; (2) limitations on the size of individual timber concessions to 50,000 hectares, and on the overall concession holdings of timber companies to 100,000 hectares per province, and 400,000 hectares nationwide. The second type of reforms focus on introducing prices and incentives for sustainable management in Indonesia's timber industry. When the Indonesian economy came crashing down a year and a half ago - due to three decades of mismanagement and corruption under the New Order, and the resulting mass flight out of Indonesia by investors who had initially hoped to share in the spoils of such a system, IMF and World Bank officials responded quickly, convincing the government to enact a series of far-reaching, substantive forestry reforms. An important piece of this complex but highly consistent program of reforms was designed to bring the depressed prices of Indonesian logs and rough sawn timber in line with higher world prices. The government, however, appears to have undermined this reform, resulting in plywood producers enjoying ever-more-rapidly-expanding levels of profit. What caused the Department to, on the one hand, to create its own set of ad hoc policies for the re-distribution of timber concessions, but on the one hand, remove the capstone to an edifice of policies a decade in the making? The first set of policies appears to represent an effort by the new government to create a new set of rent havens. The avoidance of the second policy appears to represent an effort by the government to re-tool an old rent haven where the ultimate beneficiaries are plywood exporters, and whoever their new patrons are. 
 September 7, 1999 
  | 
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||