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| Angeline Fremalco, a member of Commission III of the West Kalimantan Provincial Legislature. Photo source: Goodkind.id |
PONTIANAK, West Kalimantan — Angeline Fremalco, a member of the West Kalimantan Provincial Legislature’s Commission III, has firmly rejected Governor Ria Norsan’s plan to repeal Regional Regulation No. 1 of 2022, which governs land clearing for traditional farming based on local wisdom.
Fremalco said the regulation cannot simply be revoked by the governor on the grounds of an emergency caused by forest and land fires. Any move to repeal a regional law, she said, must follow the legal procedures established by Indonesia’s system of government.
“The governor cannot simply repeal a regional regulation on his own. Indonesia is a state governed by law, and there are clear procedures for making and repealing legislation,” Fremalco said in Pontianak on Sunday, Aug. 23, 2026.
Fremalco said the regulation was never intended to legitimize the burning of forests. Instead, she said, it provides a legal framework for Indigenous communities, particularly the Dayak, to maintain traditional farming practices subject to specific restrictions.
Fremalco: Do Not Make Traditional Farmers the Scapegoat
Fremalco said the fires that occur during the dry season should not automatically be blamed on traditional farming practices among Dayak communities.
“Do not let the government turn local farmers into scapegoats, as though they are the main reason our air quality has deteriorated,” she said.
The government, she said, needs to examine the sources of the fires more broadly. According to data from the West Kalimantan Regional Disaster Management Agency through late August 2026, more than 38,310 hectares of land had burned. Ketapang accounted for the largest area, at roughly 12,443 hectares, while the number of detected hotspots had reached 1,795 at one point.
Fremalco also pointed to fires in peatland areas, where burning can produce dense, persistent smoke. She urged authorities to distinguish traditional subsistence farming from large-scale land clearing.
Tighten Enforcement Instead of Repealing the Regulation
For Fremalco, the central problem is not the existence of Regional Regulation No. 1 of 2022 but inadequate oversight and enforcement in the field.
She called on the provincial government to strengthen monitoring of land clearing, particularly in peatlands and concession areas. Where violations are found, she said, enforcement should target those responsible.
“There are other ways to address this besides repealing the regulation. The government should strengthen oversight of how the regulation is implemented on the ground,” she said.
Authorities, Fremalco added, must ensure that anyone clearing land is actually complying with the rules.
“Make sure that those opening the land are acting within the law, not corporations or illegal burners,” she said.
Fremalco Helped Draft the Regulation
Fremalco’s opposition to the repeal is also rooted in her own involvement in drafting the regulation. She served on the special committee of the West Kalimantan legislature that discussed and approved Regional Regulation No. 1 of 2022.
The regulation, she said, was designed to address the needs of Indigenous Dayak communities while placing limits on traditional farming practices. Among its provisions is a maximum clearing area of two hectares per household and a ban on burning land on peat.
“The regulation is not a license to burn forests. It gives Indigenous communities a legal space to continue traditional farming within clearly defined limits,” she said.
Repealing the regulation now, Fremalco warned, could create the impression that Indigenous Dayak communities are primarily responsible for West Kalimantan’s forest and land fires.
“I was a member of the special committee when this regulation was drafted. Repealing it unilaterally would amount to discrediting Indigenous Dayak communities,” she said.
Dispute Over the Repeal Process
Fremalco also questioned the legal mechanism for repealing a regional regulation. A governor, she said, cannot simply nullify a regulation through an executive instruction.
Any repeal or annulment, she said, must follow the procedures established by law, whether through the adoption of a new regional regulation or through a judicial review process handled by the institution authorized under Indonesian law.
Fremalco urged Governor Norsan to reconsider the plan and focus instead on prevention, firefighting, monitoring and enforcement against those responsible for illegal land burning.
“We are all deeply concerned about this haze disaster,” Fremalco said. “But the solution cannot be to disregard the Constitution or sacrifice the traditional knowledge and cultural identity of our own communities.” (X-5)
