When the Government Is a Former Client

Revolving door provisions typically do two things: prohibit attorneys who go from the public sector into the private sector from appearing before the governmental body for which they worked for a set amount of time (usually one or two years); and impose a lifetime ban on appearances before a governmental agency on any specific matter worked on in the public sector. The lifetime ban, depending upon its interpretation, could prove problematic for law firms who serve as municipal attorneys on retainer. For example, if an attorney drafted a local subdivision law or ordinance fifteen years ago, and no longer represents the municipality, is the lawyer or her firm prohibited from ever representing an applicant for a subdivision approval? Unless the population represented by the local government is substantial, the majority of municipalities simply employ legal counsel on retainer from local law firms (as opposed to full-time salaried employees). The political nature of the job of municipal attorney means that from election year to election year, the appointment of the local government attorney may also be up for grabs. Should municipal attorneys be prohibited from ever doing work in the jurisdiction which pertains to land-use laws that may have been drafted or written by them or their firms in the past? If this is so, it may have a chilling effect on the number of lawyers interested in municipal work.

The Code of Professional Responsibility in DR 5-108 specifically addresses conflicts of interest with respect to former clients. The Rule provides that, absent express consent upon full disclosure to a former client, a lawyer shall not, "1. Thereafter represent another person in the same or a substantially related mater in which that person's interests are materially adverse to the interests of the former client. 2. Use any confidences or secrets of the former client...." Recently, a New York appellate court, relying on DR 5-108, held that where a law firm had been retained by a municipality for approximately twenty-five years, first as counsel to the planning board and later as counsel to the village, and during that time it had been involved in the site plan law which was developed and in effect, it was precluded from representing a client before the planning board for a site plan review six years later. [FN25] The court found that given the long-standing prior representation of the village in matters which directly related to zoning and site plan review (including the fact that the law firm had drafted a recodification of the code), this was a, "... substantial related matter in which ... [petitioner's] ... interests are materially adverse to the interests of the former client."

This case has a significant impact on practitioners who retain public sector clients, especially when their retainer agreement may be terminated at will and their prior work and advice may preclude any later representation in an area where they have built a practice concentration

In reaching a somewhat different conclusion, a Virginia court held that a law firm would not be disqualified from representing a client for a rezoning before the county where the firm employs a former county attorney who was involved in land-use matters during her employ as a county attorney. [FN26] The Court determined that there was no conflict with DR 5-105 [FN27] since the citizen taxpayers who brought the suit were not clients of the former county attorney, and her former client, the county, did not challenge the representation. Furthermore, the Court found that DR 9-101 which provides that, "a lawyer shall not accept private employment in a matter in which he had substantial responsibility while he was a public employee," did not apply in this case since there was no evidence that the former county attorney was involved in rulemaking or policymaking. [FN28]

Disclosure and Recusal

Determining when disclosure alone is enough or when recusal or withdrawal is the more appropriate course of action can also be a challenge. For example, may an attorney in private practice represent clients before a planning or zoning board where her spouse sits as a member? While one may assume that the ethics inquiry is a matter solely for the municipal official, does the attorney have an obligation to disclose the relationship to

their client? Furthermore, does professionalism dictate that the lawyer attempt to ascertain whether her firm is being retained for the hearing in an effort to garner votes due to the marital status of a lawyer in the firm and a board member? In a recent opinion of the California Attorney General, it was opined that a city council may enter into a development agreement with a land developer when one of the council members is married to an attorney whose law firm represents that developer on other matters, so long as the council member discloses the interest to the council on the record, and the member does not participate in negotiating or voting upon the agreement. [FN21]

A Georgia court held that where the planning commissioner's son was a member of a law firm, even where the son had no direct involvement in the representation, the commissioner was prohibited from participating in the proceedings for the zoning application. [FN22] The court also referred to the local ethics code which prohibited a municipal officer from participating in a matter involving an interest of an immediate relative. [FN23] The court stated, "Public interest requires that Cobb County protect against improper influence or the appearance of improper influence...." [FN24] The court did not address the motives or the integrity of the lawyers involved; rather it focused on the conduct of the planning commissioner

Conflicts as Applicable to the Law Firm

Another dilemma is presented when a municipal attorney's private law firm wishes to represent a client before a municipal board. May the firm do so without causing a conflict of interest situation for the municipal lawyer? The answer may not be so clear-cut, and may depend upon: provisions in state and local government ethics laws; the Code of Professional Responsibility; a determination as to whether the municipality will hire special outside counsel to offer advice on the matter; and an inquiry as to whether the municipal attorney will financially benefit from her firm's representation of the client before the municipality. [FN15]

In a recent New Hampshire case, the chair of a county commission was ordered disqualified from participation in a determination of public necessity prior to the initiation of eminent domain proceedings since the chair was a lawyer and his law partner was representing two of the landowners. [FN16] Since the chair had already participated in the proceeding, the court remanded the matter for a new proceeding. [FN17]

In Pennsylvania, an attorney may not represent a township in making amendments to their zoning code when a member of his law firm conducts the hearing and rules on objections. [FN18] The court warned, "All municipal adjudicative bodies must avoid unnecessary conflicts and commingling of incompatible functions whenever possible." [FN19] Since this procedure was susceptible to prejudice, it was prohibited. In relying on an opinion of the Ethics Committee of the Mississippi State Bar, the Attorney General opined that it would be a violation of the Code of Professional Responsibility for a law firm to represent a client who is seeking to establish a facility in the city while the firm has been retained to assist the city attorney in the defense of an unrelated voting rights case against the city. [FN20]

Conflicts Between Clients

Other times, a conflict may arise when a municipal attorney is appointed on retainer, and a conflict arises between the position of a municipal client and another client. For example, it was held a violation of DR 5-105(A)(B) and (C) for a village attorney and his firm to represent the zoning board of appeals and at the same time appear as attorneys for an interest requesting relief from the ZBA. The same case held that it is also a conflict for the same attorney to file a petition challenging the determination of the board. [FN10] 

 

Similarly, the New York Attorney General opined that the counsel to a municipal water supply board may not represent a developer in applications for subdivision approval before the city planning and zoning commissions. [FN11] 

 

Disciplinary Rule 9-101 provides in part, "1. A lawyer shall not represent a private client in connection with a matter in which he participated personally and substantially as a public officer or employee...." While most people would recognize this as a "revolving door" provision, the question remains as to what exactly "personal and substantial participation" means, and whether this precludes representation years down the road. At least one state has determined that it is unethical for an attorney for the town zoning board of appeals to represent a client in a private matter before the town board. [FN12]

 

In one case, an attorney representing a borough in New Jersey began representation of a attorney did not represent the planning board, the board of adjustment or the developer during the land-use approval process, the court nonetheless held that such dual representation was forbidden as contrary to the public interest. [FN13] The court noted that the very nature of the work of a developer involves a high degree of municipal interaction. The court stated: [T]he likelihood of transactions with a municipality and the room for public misunderstanding are so great that a member of the bar should not represent a developer operating in a municipality in which the member of the bar is the municipal attorney or the holder of any other municipal office of apparent influence. [FN14] 

developer after the developer had already received final approval for his project. The attorney was retained to handle matters including mortgage financing. Although the

Professional Ethics vs. Government Ethics

Determining the nature of a potential ethical issue is not often as easy as it appears. For example, attorneys may be functioning in more than one advisory role, and they may be subject to both professional and governmental ethical considerations. These standards may not always be in agreement with each other. What follows is a discussion on three areas of concern for the lawyer both as a professional and as an advisor to a municipality. The issues addressed below merely begin to uncover the ethical dilemmas which may confront the land-use practitioner.

A. Attorney as a Professional.

As noted in the introduction, the conduct of attorneys is governed by the code of professional responsibility

adopted by each state.

1. CONFLICTS OF INTEREST

The Code of Professional Responsibility DR 5-105 prohibits attorneys from representing clients with differing interests. Sometimes, the municipal attorney finds herself in a conflict of interest situation. For example, when a town attorney discovers a conflict between the position of the town board and the town zoning board of appeals, each municipal body would be entitled to their own legal counsel. [FN7] In Kentucky, the Attorney General opined that it is a common law conflict of interest and incompatibility of office situation for an attorney to function as an independent contractor for a municipal planning and zoning board while at the same time serving as an assistant county attorney, where the municipalities are within the county. [FN8] It is not uncommon for attorneys or law firms to represent more than one and sometimes dozens of municipalities. At times this can also test ethical limits as at least one state ethics committee has opined that it is not improper per se for a lawyer to be both the town attorney and the village attorney for a village located with the town. [FN9].

Applicable Ethics Rules

There are a number of places where a land-use lawyer must search for guidance on ethical dilemmas arising in the land-use context.

A. The Code of Professional Responsibility

All lawyers adhere to the code of ethics adopted by the state court system in each jurisdiction. The Code of Professional Responsibility was initially promulgated by the American Bar Association (ABA) in 1969, and contains nine cannons with myriad disciplinary rules and ethical considerations. In 1983, the ABA adopted the Model Rules of Professional Conduct which contain commentary to the Rules. States have adopted one of the two models, and in many cases made changes to reflect jurisdictional concerns. Therefore, individual state laws governing attorney conduct need to be consulted for variation and caselaw interpretation.

B. State Ethics Laws

Every state has enacted a code of ethics or a code of conduct for public employees. While some states pay minimal attention to the issue of municipal ethics (where land-use planning and zoning decisions generally take place), other states have specific statutory provisions for local government officials.

*387 C. Local Government Ethics Laws A number of states specifically authorize and/or mandate that local governments adopt their own codes of ethics. Some state statutes make specific reference to conflicts of interest in state and regional planning acts and laws. Attorneys who work for or in front of planning and zoning boards must be conversant with these rules as well as the more generally applicable rules of legal ethics, for a number of obvious reasons: (1) under a statutory or local law definition, if the lawyer represents the municipality or the board, she may be bound individually by the law; (2) lawyers counseling local entities or individuals therein must be familiar with special ethical considerations in the public sector; and (3) lawyers representing applicants before the boards need to know the applicable standards of ethical conduct to best serve the interests of their clients.

D. Ethics Committees and Commissions

In addition to the codes and local laws, there are special committees and commissions which may provide formal and informal opinions on professional and government ethics. These include committees of the American Bar Association, state bar associations, the Federal Bar Association, state ethics commissions or boards, and local government ethics boards. These opinions at the state and association levels may be available through online research databases, through subscription services, and in some cases, on the Internet. Opinions from local ethics committees may be more of a challenge to research.

E. State Attorneys General and Comptrollers

The state attorney general and comptroller may also offer formal and informal opinions to  municipal officials and municipal attorneys on a wide variety of ethics issues including conflicts of interest and compatibility of dual office holding. These opinions are published, readily available online, and serve as a useful source of insight into the application and interpretation of constitutional, statutory, and common law ethics principles.

F. Other Professional Organizations

Finally, if your client is the municipality and you represent the professional planning staff, both the American Planning Association and the American Institute of Certified Planners have issued guidance documents on appropriate ethical conduct for planning. In addition, other professionals who may come into contact with the municipality with respect to a land-use matter may also be governed by a code of ethics from their professional association (e.g., architects, [FN4] engineers, [FN5] and realtors [FN6]).

Defining Ethics

Government officials, elected and appointed, and those who interact with government, are expected to conduct themselves in an ethical manner. Defining "ethical" may be a challenge.

 

A. Ethics as Conduct or Behavior

Ethics may be conduct or behavior relating to things such as ex parte communications among members of planning and zoning boards and applicants, [FN1] assurances given to applicants by individual board members prior to a public meeting, or the sharing of otherwise confidential information with those not a party to the issue at hand.

 

B. Ethics as Morals or Values

Ethics may also be defined as morals or values which include the ability to make determinations between right and wrong. One troublesome aspect of viewing ethical conduct in this regard is that the public will judge the extremes of right and wrong through community standards which may change from time to time and may differ from jurisdiction to jurisdiction. It becomes a subjective issue of what the community is willing to tolerate, and less of a self-inquiry by the official taking the action into what their own value system dictates.

 

C. Conflicts of Interest

Ethics may be more readily defined through conflicts of interest situations, particularly where there is potential for personal financial gain. Conflicts of interest situations may arise in dozens of scenarios including pecuniary interests in applications before a board, or employment opportunities and/or benefits for family members. Abuse of public office for personal gain is another area where work in the local land-use arena may present ethical problems. For example, an attorney or her clients may be knowledgeable about certain information regarding the potential purchase of property within the municipality. It would be unethical to quickly "buy up" the land in question in the hopes of turning a quick profit since, based upon "insider information," this land could be worth a premium in the near future. Although George Plunkett of Tammany Hall might refer to this as "honest graft," [FN2] today *386 it would be analogous to laws protecting confidentiality and the prohibition of insider trading in the securities arena. More flagrant ethical issues, including bribery and influence peddling, can carry criminal penalties (and in fact are found within state penal laws rather than codes of ethics), while conflicts of interest matters may yield to lesser civil fines.

 

D. Avoiding Headlines

The bottom line is that lawyers and their clients would prefer to avoid headlines in local newspapers which suggest allegations of unethical conduct. As Senator Alan Cranston professed during the Keating Five investigation, "It's easy to make an allegation of unethical conduct; it's hard to defend against such an allegation." [FN3] So often the allegation is reported and followed on the front pages, but news that months (and sometimes years) later the allegations were found unsubstantiated usually goes unreported.

Earning the Public Trust

While the vast majority of public officials are honest, well-intentioned, good people, it is relatively easy for a simple oversight or lack of consideration of the potential outside appearance which may give rise to public scrutiny of their actions. The public expects and deserves the highest degree of ethical conduct when it comes to government decision making. Without this "public trust," our planning and zoning boards and local legislative bodies would not have the confidence and support of the people. This would undermine the public purpose behind local land-use decision making, and further complicate what may already be difficult and controversial situations.

 

A. Conflicting Ethics for People with Expertise

One aspect of earning the public trust is the appointment of knowledgeable and interested people to serve on land-use decision making boards. It is not uncommon to find planners who work in neighboring localities, architects, engineers, lawyers, realtors, and builders interested in serving in such a capacity. On one hand, their professional expertise is desirable. On the other hand, the public needs to be certain that these same people, whose earning potential may be tied to land-use planning and zoning decisions, avoid conflicts of interest, decision making out of self-dealing, and even the appearance of impropriety. While these may prove to be (un)intentional disincentives to service, there are thousands of people on boards and legislative bodies who earn a living in a field related to land-use decision making, and questions of ethics are constantly on the horizon for them.

LEGAL ETHICS AND LAND USE PLANNING

A LAWYER SITS AS A MEMBER of the planning board. 

May she step down to represent a client before the board and then return to her seat after the matter is presented and/or resolved? A lawyer in private practice who advised the zoning board for five years was recently replaced with another attorney when the new mayor took office. Can he now represent an applicant before that same board? A member of the planning board is also a local real estate agent for the largest realty company in the town. Is this an inherent conflict of interest? May she vote on proposed new housing developments when she is likely to earn a commission on any sale she makes within these developments? May members of zoning boards vote on matters involving their neighbors, friends, business associates, or anyone they know? What happens when the mayor or supervisor needs a variance from the zoning board--can she appear without an appearance of putting undue pressure on the board? How should they proceed? When is disclosure enough? When is recusal appropriate? When a full-time city attorney is assigned to review a matter pending before the planning and zoning boards and to advise them on appropriate action(s), who is the client of the city attorney? Does it make a difference if different offices and divisions within the government have different ideas on how to proceed? Careful consideration by land-use attorneys of appropriate actions when confronted with ethical dilemmas such as those raised above is critical. Unique circumstances are presented in the public sector arena because multi-million dollar decisions are made by planning and zoning boards, and partly because decisions affect the use of land in individual neighborhoods. This contributes to heightened awareness by applicants and the public of potential conflicts of interest and other ethical dilemmas. For attorneys, it is not enough to simply be conversant with the Code of Professional Responsibility *384 or the Rules of Professional Conduct. For those lawyers working in or interacting with the public sector arena, whether employed or retained by the government or representing a client before the government, additional codes of ethics at the state and local level are relevant to a land-use and zoning practice. This article provides an overview of some of the major issues raised when ethics meets land-use planning and zoning decision making.

SISTEM INFORMASI

adalah kombinasi antara prosedur kerja, informasi, orang dan teknologi informasi yang diorganisasikan untuk mencapai tujuan tertentu dalam suatu organisasi (Alter, 1992). adalah kumpulan perangkat keras dan perangkat lunak yang dirancang untuk mentransformasikan data ke dalam bentuk informasi yang berguna (Bodnar dan Hopwood, 1993). adalah suatu sistem yang mengumpulkan, memproses, menyimpan, menganalisa dan menyebar informasi untuk tujuan tertentu (Turban, McLean dan Wetherbe, 1999). adalah suatu rangkaian prosedur formal dimana data dikelompokkan, diproses menjadi informasi dan didistribusikan kepada pemakai (Hall, 2001)

KOMPONEN SISTEM INFORMASI

* Perangkat Keras (hardware) : mencakup perangkat keras seperti komputer, printer dsb.

* Perangkat lunak (software) : sekumpulan instruksi yang memungkinkan perangkat keras untuk dapat memproses dat

* Prosedur : sekumpulan aturan yang dipakai untuk mewujudkan pemrosesan data dan pembangkitan keluaran yang dekedendakan.

* Orang : sesua pihak yang bertanggung jawab dalam pengembangan sistem informasi, pemrosesan dan penggunaan keluaran sistem informasi

* Basis data (database) : sekumpulan tabel, hubungan dll. yang berkaitan dengan penyimpanan data.

* Jaringan komputer dan komunikasi data : sistem penghubung yang memungkinkan resources dipakai secara bersama atau diakses oleh sejumlah pemakai.

KAWASAN AGROPOLITAN DALAM RANGKA PENGEMBANGAN WILAYAH YANG BERBASIS RENCANA TATA RUANG WILAYAH NASIONAL

Kesenjangan antara kawasan perkotaan dan perdesaan serta kemiskinan di perdesaan telah mendorong upaya-upaya pembangungan di kawasan perdesaan. Meskipun demikian, pendekatan pengembangan kawasan perdesaan seringkali dipisahkan dari kawasan perkotaan. Hal ini telah mengakibatkan terjadinya proses urban bias yaitu pengembangan kawasan perdesaan yang pada awalnya ditujukan untuk meningkatkan kawasan kesejahteraan masyarakat perdesaan malah berakibat sebaliknya yaitu tersedotnya potensi perdesaan ke perkotaan baik dari sisi sumber daya manusia, alam, bahkan modal (Douglas, 1986).

Kondisi tersebut diatas, ditunjukkan dengan tingginya laju urbanisasi. Data Survey Penduduk Antarsensus (SUPAS) menunjukkan bahwa terjadi peningkatan tingkat urbanisasi di Indonesia dari 37,5% (tahun 1995) menjadi 40,5% (tahun 1998). Proses urbanisasi yang terjadi seringkali mendesak sektor pertanian ditandai dengan konversi lahan kawasan pertanian menjadi kawasan perkotaan, dimana di pantai utara Jawa mencapai kurang lebih 20 %. Konsekuensi logis dari kondisi ini adalah menurunnya produktifitas pertanian.

Meskipun demikian, pengembangan kawasan agropolitan sebagai bagian dari pengembangan wilayah nasional tidak bisa terlepas dari Rencana Tata Ruang Wilayah Nasional (RTRWN) yang merupakan matra spasial yang menjadi kesepakatan bersama. RTRWN penting untuk dijadikan alat untuk mengarahkan pengembangan kawasan agropolitan sehingga pengembangan ruang nasional yang terpadu dan sistematis dapat dilaksanakan. Sosialisasi kepada pihak-pihak yang terkait dengan pengembangan kawasan agropolitan tentang hal ini mutlak diperlukan, sehingga muncul pemahaman bersama tentang pentingnya proses ini untuk mewujudkan pembangunan yang serasi, seimbang, dan terintegrasi
 

Berdasarkan kondisi tersebut, tidak berarti pembangunan perdesaan menjadi tidak penting, akan tetapi harus dicari solusi untuk mengurangi urban bias. Pengembangan kawasan agropolitan dapat dijadikan alternatif solusi dalam pengembangan kawasan perdesaan tanpa melupakan kawasan perkotaan. Melalui pengembangan agropolitan, diharapkan terjadi interaksi yang kuat antara pusat kawasan agropolitan dengan wilayah produksi pertanian dalam sistem kawasan agropolitan. Melalui pendekatan ini, produk pertanian dari kawasan produksi akan diolah terlebih dahulu di pusat kawasan agropolitan sebelum di jual (ekspor) ke pasar yang lebih luas sehingga nilai tambah tetap berada di kawasan agropolitan
 

Kondisi ini mengakibatkan Indonesia harus mengimpor produk-produk pertanian untuk memenuhi kebutuhan dalam negerinya. Tercatat, Indonesia harus mengimpor kedelai sebanyak 1.277.685 ton  pada tahun 2000 dengan nilai nominal sebesar US$ 275 juta.  Pada tahun yang sama, Indonesia mengimpor sayur-sayuran senilai US$ 62 juta dan buah-buahan senilai US$ 65 juta (Siswono Yudohusodo, 2002)

The Ethical Framework

prcatices and a variety of urban and rural uses such as underground storage tanks, landflls, and agricultural operations. land use practises are even at the core of many of our global envoronmenel problems. wprldwide, the emission of CO, and other green house gases is in no small part the result of the heavy reliance of cities on inefficient auto-oriented transportation system and heating and cooling systems thet rely on fossil-fuel energy. the loss of global biodiversity, evidenced most dramatically by the rapid deforestation and degradation of tropical forests, is largely caused by inappropriate or ineffective landuse policies

ROOM AREA ORGANIZATION OF LAKE TOBA

Toba lake region is one of Indonesia prime tourism area which lies north of the province of Sumatra in administratife region covers seven districts namely North Tapanuli, Humbang Hasundatan, Toba, Samosir Simalunggun, Karo and Dairi total area of Lake Toba own around 372,681 hectares of land covering 259,721 hectares and 112,960 hectares of water (water body) In addition to the function

toba lake district tourism plays an important role for the life of North Sumatra Province, there are 19 rivers that drain the water from the catchment area around the lake into a water body lake Toba with only one river that is the release of water from this lake that is hone river which empties into the east coast of northern Sumatra , river water is used for hydropower shavings ASAHAN Yang is one of the suppliers of electricity in the province of North Sumatra Lake Toba in addition act as a provider of water various activities of the community of North Sumatra Lake Toba important role is added again to the multiplier effect on regional economic activity created by the presence international scale tourism in Lake Toba, such as trade and service activities related to tourism,

In the tourism sector recorded 12 units 16 units of natural tourist attractions and cultural history of religious tourism 3 units and 1 unit of forest or plantation tours temporal services in the form of 101 hotel restaurant 188 5 200 shops souvenir money changer 8 10 travel agents view karaoke discos and 6 is a very strategic role since 1990 North Sumatra government has issued a number of local regulations concerning the arrangement of lake Toba region. This regulation aims to achieve environmental maintenance and utilization of lake Toba region optimally balanced harmonious and sustainable development through the regulation and control is implemented by various government agencies and communities in an integrated manner.

Local Regulation contains various provisions in settlement areas in the region include the mandate of structuring general spatial planning and development plan in the arrangement of environmental conditions include the settings in the community activities that could interfere with the preservation of Lake Toba laden provisions in settlement building and the arrangement of industrial buildings. Local Regulation No. 1 / 1990 is also equipped with the implementation and oversight provisions and criminal provisions

PEAT LAND DEVELOPMENT AREA EKS hectare MILLION

Long enough not been heard from Regions floating a million hectares of peatland (PLG) In the middle of a crowded Kalimantan province reported in the 1990's interesting to look back in this time region the profile area PLG region is one obvious example of space utilization in relation to sustainability Indonesia's natural environment in accordance with the theme of the publication of this edition of the Space Utilization Harmonization with the efforts of Environmental Conservation.

Area Profile PLG

PLG region is located at the southeastern province of Central Kalimantan, with total area of about 1.4471 million hekter as specified in the ministerial decree number 166/Menhut/Vii/1996 concerning forestry reserve forest area to this area is limited by the river on the western Sebangau. Java Sea to the south, rivers and roads on the east side barito Palangkaraya - Buntok north

Administratively, most of the area PLG entry in Kapuas district (43%) and the district returned the knife (42%) and the remainder included in Palangkaraya city and district Barito PLG southern region is divided into five blocks with an area which is different as indicated in table 1 and figure 1

PLG region including the freshwater tidal area in addition to several sections in block D which is an area of brackish tidal rivers that pass through some of these areas include river barito kapur Kahajan river river river Sebangau mengkatif. Land area of PLG in the form of peat soil with a depth varying from the thickness of shallow to very deep (more than 28 feet) thick spread of peat with more than three meters are dominant in block C partially blocked A and B based on the thickness of the peat land area enter the bloc each region PLG can be seen in Table 2

FLASHBACK BEHIND THE PLG AREA

The development of this region begins with the issuance of Presidential Decree number 82 of 1995 on the development of peatlands for agriculture crops was the province of Kalimantan. The main purpose of such determination is to convert the peat swamp forests (wet land) into rice fields in order to maintain rice self-sufficiency that has been achieved in 1984. But the opening program known as peatlands are not following the rules kidah planning, giving rise to some negative impact from the social environment ekomoni which resulted in termination of a million hectares of peat land was marked by the issuance of Presidential Decree number 80 of 1990 on general guidelines for planning and management of a million hectares of peatland development in Central Kalimantan

At the time of termination of the field in the ETC has been there Transmigran population originating either from the local community (local) or from outside the island of Kalimantan, about 17,953 houses have been built in 43 settlements tenasmigrasi units (UPT) in the village Lamunti Dadahup, and Palingkuh overall have blocked A 15 594 families who moved this kearea then reduced to 54% to 8.487 families live by the year 2006. proportion of families who moved unevenly in 43 UPT UPT that is 17 there are 50% of the families who settled these diarea while on 8 UPT about 33% indigenous population has moved and settled there UPT left by their inhabitants are found along the river dadahup barito and regions lamuti near the Kapuas River

Also has built a network infrastructure, among others, form a network of canals with a length of 4,400 km at the same time increasingly severe environmental conditions, indicated by frequent forest fires due to decreased levels of peat water and flood events during the rainy season due to reduced ability of peatlands in the sink in the water other than that illegal logging in forest areas is increasingly widespread because open access and availability of canal aqueducts to carry timber. In terms of the existing infrastructure is still inadequate perceived low level of comfort, causing residents to live in settlements PLG

These conditions mainly concern the condition of the existing population pushed various rehabilitation efforts from various relevant agencies. But in practice these efforts will be done in less organized so as to provide less than optimal outcome of this case, among others, indicated by the field conditions at the time of the editorial team's visit to the region that is the area Dadahup PLG

In this region there are inhabitants of settlements along both rice farms, vegetable gardens and manicured moor enough working paper facilities such as schools, health centers, and places of worship are still used there is also an agricultural extension center had just entered the local field extension. Based on the information given agricultural area is good enough even reviewed by President Yudhoyono in 2006 but the problems still perceived by the floods that hamper agricultural activities. Lack of infrastructure distribution of agricultural products directly to markets and lack of manpower to work on existing land. This led to yet maximum agricultural production and low prices of agricultural products offered by collectors that further reduces the interest of the community to settle and manage land PLG. Some residents have been moved or seek another livelihood as construction or road. So most of the land is no longer treated well and left stranded.

Rehabilitation and Revitalisi Regions PLG

The spirit and concern for the rehabilitation and revitalization of a comprehensive and coordinated manner by all parties continued effort and marked by the introduction of the Rehabilitation and revitalization of the region Ex PLG million hectares by the president of Indonesia on August 31, 2006 following the then issued Presidential Instruction No. 2 of 2007 on the acceleration of Rehabilitation and Revitalization Development Zone One Million Hectare Peatland in Central Kalimantan, which give instructions to several parties, among others, coordinating minister for the Economy Ministry of Forestry, Ministry of Public Works, Minister, Agriculture, Minister of Labour, Home Affairs Minister, Minister of Finance, Minister for the Environment Ministry of Research and Technology Minister of State for National Development Planning Head of Bappenas Governor of Central Kalimantan, Palangkaraya Mayor and Regent Kapuas instructions given above are for each party to take steps in accordance duty and responsibility to accelerate the rehabilitation and revitalization of the area PLG by referring to the program attached to the Presidential Instruction, Forming National Team Rehabilitation and Revitalization PLG synergizing the implementation of the program, commissioned Governor of Central Kalimantan as the responsible implementation of integrated programs in the region include the establishment of the Secretariat of PLG in Palangkaraya to assist the Governor of Central Kalimantan as the responsible implementation of the program The Multiple Activities in the framework of the Acceleration and Revitalization Development area of peatland in Central Kalimantan, called the Instruction Must attachment can be seen in Table 3

Agriculture and Ecosystem Services

What is an appropriate methodology for generating “land use credits”from sending areas? What attributes of rural land and natural resources will be measured? How will whatever is measured be used to calculate the number of credits a landowner in a sending area receives? What conservation actions must the landowner take to generate the credits? Are credits available only for conservation actions that go beyond the minimum that would have been required by applicable regulations (such as the Endangered Species Act and Section 404 of the Clean Water Act)? 

What is the appropriate methodology for identifying and designing development in receiving areas? What is it that land use credits are “buying”in the way of number of units, density of development, mixed uses, and so on? What is the “conversion rate”from credits for conservation of natural resources and rural lands in sending areas into development rights in receiving areas? How many square feet of development is an acre of wetlands worth? 

How will the program calibrate the number of credits being generated in sending areas with the number of credits demanded in receiving areas? Will there be a cap on credits? Will they be auctioned off? Will they be traded in markets? Can credits be createdthrough restoration, or only through conservation of existing resources?

As the size of a RLSA grows larger, say upwards of 50,000 acres, may landowners in sending and receiving phase in conservation and development over time, or must they commit to a conservation and development plan that covers the entire RLSA and is fixed in place?

What is it about rural lands that is being preserved? How is rural land preservation valued? Who benefits from it? Why is this an important land use policy? How do we know it is better than the alternative? What is the alternative?

How will receiving area governments deal with the increased development units and density made possible by the transfer of RLSA land use credits? Who will finance the additional schools and other public services that are generated by development carried out with RLSA land use credits?

BUSWAY

TransJakarta began operations January 15, 2004 with I serve corridor links between Blok M - Kota with a route length of 12.9 km. System inspired by the success of BRT systems in Curitiba (Brazil) and Bogota (Colombia), as if opening a new era in the structuring of urban public transport in the capital Jakarta.

After the failure of the special bus lane system and the pilot project RMB (Route New Method), which introduced the late 1990s, practically no significant initiatives in the development of public transportation system in Jakarta after that. While the 3-in-1 effect and even enhanced the scope of the due date, on the other hand, the increase in fuel prices led to growth of motorcycles in the 3-5 last year, became the highest for 30 years. From various research carried out the 1994 World Bank, JICA, 2001, Swisscontact 2001, JICA / SITRAMP 2001, the ADB / IVERS, 2003, the ADB / UAQI 2006, revealed, health costs and congestion increased significantly. Although we can, the skeptics call this not because of the increasingly dense traffic, but because of better research methods and complex, than previously.

The success of the corridor I TransJakarta bring a new era for modern bus system in Indonesia, and an inspiration to other cities in Indonesia, such as BPP Batam, Bogor and TransJogja TransPakuan. Also gives confidence to the Governor of Jakarta Sutiyoso to build a busway corridors next to the corridor X.

While the corridor I did well and got public support, the implementation of the corridors after it got a huge challenge associated with governance (in the Department of Transportation) and corporate governance (BP TransJakarta). Preparation of financial and organizational management unfinished cause tendering process operator constrained. Implementation of the physical development of the busway also found barriers, especially when construction is done through Pondok Indah and national roads. On the other hand, busway subsidy which currently reaches about 1% of APBD DKI Jakarta, will certainly increase if the entire corridor (number 14 corridor) was completed.

The important question in the program implementation of this busway is, how governments use this busway, not only as a medium to meet the transportation needs for the citizens of the city, but also used as an instrument for improving governance of the development of the Jakarta area.