Government Regulation Number 71 By 2014

Original Language Title: Peraturan Pemerintah Nomor 71 Tahun 2014

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LN209_5580_pp071 .doc-2014 STATE GAZETTE of REPUBLIC of INDONESIA No. 209, 2014. Peat ecosystems. The protection. The management. (Additional explanation in the State Gazette of the Republic of Indonesia Number 5580) REGULATION of the GOVERNMENT of the REPUBLIC of INDONESIA NUMBER 71 by 2014 on the PROTECTION and MANAGEMENT of PEAT ECOSYSTEMS with the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: that in order to implement the provisions of article 11, article 12, article 9 paragraph (3) the letter f and subsection (5), article 56, article 57 subsection (5), article 75, as well as Article 83 Act No. 32 of 2009 on the protection and management of the environment , need to set Government regulations on the protection and management of Peat Ecosystems; Remember: 1. Article 5 paragraph (2) of the Constitution of the Republic of Indonesia in 1945; 2. Law Number 32 year 2009 on the protection and management of Environment (State Gazette of the Republic of Indonesia Number 140 in 2009, an additional Sheet of the Republic of Indonesia Number 5059); Decide: Define: GOVERNMENT REGULATIONS On The PROTECTION And MANAGEMENT Of PEAT ECOSYSTEMS. 2014 www.djpp.kemenkumham.go.id, no. 209 2 CHAPTER I GENERAL PROVISIONS article 1 In this Regulation the definition: 1. Ecosystem Protection and management of Peat is a systematic and concerted efforts are being made to preserve the Ecosystem functions of Peat and prevent the occurrence of damage to Peat Ecosystems that include planning, utilization, control, maintenance, surveillance, and law enforcement. 2. Peat is organic material that is formed naturally from the remains of plants that decomposes is not perfect and accumulates in swamps. 3. The ecosystem of Peat is Peat element order which is a unified whole overarching influence each other in the form of balance, stability, and productivity. 4. Unity of Peat is Peat Hydrological Ecosystem that is located between two rivers, between the river and the sea, and/or in bogs. 5. the Minister is the Minister of the organizing Affairs of the Government in the field of the protection and management of the environment. Article 2 (1) of the protection and management of the environment include the protection and management of ecosystems: a. land for biomass production; b. coral reefs; c. the mangroves; d. seagrass meadow; e. Peat; f. karst; and/or other appropriate g. with the development of science. (2) In this Regulation only governing the protection and management of Peat Ecosystems. (3) the provisions concerning the protection and management of ecosystems referred to in subsection (1) letter a, letter b, letter c, letter d, letter f, letter g and is set out in government regulations. 2014 www.djpp.kemenkumham.go.id, no. 209 3 article 3 Protection and management of Peat Ecosystems referred to in article 2 paragraph (2) includes the following: a. the planning; b. utilization; c. control; d. maintenance; e. supervision; and f. the administrative sanctions. CHAPTER II the PLANNING Part One General article 4 Planning the protection and management of Peat Ecosystems conducted through stages: a. an inventory of Peat Ecosystems; b. determination of the Ecosystem functions of peat; and c. the preparation and determination of ecosystem Management and protection plan of peat. The second part of an inventory of Peat Ecosystems article 5 (1) an inventory of Peat Ecosystems referred to in article 4 of the letter a is implemented through: a. satellite images; and/or b. the aerial photos. (2) implementation of the inventory referred to in subsection (1) done having regard to the indicative map of the distribution of the national peat moss Ecosystems as listed in the annex which is part an integral part of this Regulation. (3) an inventory of Peatland Ecosystems referred to in subsection (1) is exercised by the Minister. 2014 www.djpp.kemenkumham.go.id, no. 209 4 Article 6 (1) satellite image and/or aerial photographs as stipulated in article 5 clause (1) diinterpretasi with the stages: a. delineate satellite images and/or photos that have been rectified aerial radiometric and geometric to determine the location and boundary of the Hydrological Union of Peat; and b. move the results of delineasi satellite imagery and/or aerial photos into maps of tentative Union Hydrological Ecosystem Peat with most small scale 1:250,000. (2) the results of the interpretation of satellite images and/or photos of air referred to in subsection (1) is verified through field survey activities. (3) a Survey of the field referred to in paragraph (3) was conducted to verify: a. the existence of unity of Hydrological Peat; and b. Peat ecosystem characteristics. (4) the results of the verification as referred to in paragraph (3) be evaluated to obtain a final map of the Hydrological Union of the Peat. (5) a final map of the Hydrological Union of Peat as referred to in paragraph (4) is served with most small scale 1:250,000. Article 7 (1) a final map of the Hydrological Union of the Peat contains the least amount of data and information regarding: a. location, existence, and the Hydrological Union of the Peat land coverage; b. characteristics of the physics, chemistry, biology, hidrotopografi, and type of sediment below the Peat which include: 1. the location of the point or coordinates; 2. the elevation of land; 3. groundwater, inundation, or flooding; 4. land cover, land use, and its condition; 5. the existence of protected flora and fauna; 6. natural and artificial drainage conditions; 7. water quality; 8. type overflow; 9. the thickness of the Peat; 10. the proportion of Peat material weight; 2014 www.djpp.kemenkumham.go.id, no. 209 5 11. the development of the condition or the extent of damage peat; 12. the Peat layer below the substratum characteristics; and 13. the characteristics of the soil and the depth of a layer of pyrite. (2) a final map of the Hydrological Union of Peat as referred to in subsection (1) is used as a reference to define the Ecosystem functions of Peat. Article 8 further Provisions regarding the procedures for the implementation of an inventory of Peat Ecosystems is controlled by a regulation of the Minister. The third part Peat Ecosystem Function Assignment of article 9 (1) the determination of ecosystem function Peat as stipulated in article 4 subparagraph b done by Minister after coordinating with: a. Minister of Government Affairs which hosts in the field of forestry and Minister of Government Affairs which hosts in the field of water resources and spatial, in terms of Peat ecosystems will be assigned are in forested areas; and b. the Minister who organized a Government Affairs in the field of water resources and spatial, in terms of Peat Ecosystems will be assigned is outside the forest area. (2) the functions of the Peat Ecosystems referred to in subsection (1) include the following: a. protected Peat ecosystem function; and b. the cultivation of peat ecosystems function. (3) the Minister is obliged to establish a protected Peat Ecosystem function at least 30% (thirty per hundred) of all broad unity of Hydrological Peat and Peat dome is located at the top and beyond. (4) in matters outside of 30% (thirty per hundred) of all broad unity of Hydrological Peat as referred to in paragraph (3) is: a. Peat with a thickness of three (3) metres or more; b. specific germplasm and/or endemic; 2014 www.djpp.kemenkumham.go.id, no. 209 6 c. species that are protected in accordance with laws-the invitation; and/or d. Peat Ecosystems that are in protected areas as set out in the plan of spatial areas, protected forest areas, forest areas and conservation, Minister designate as protected Peat ecosystems function. (5) the extensive Peat Hydrological Union referred to in subsection (3) and subsection (4) is based on the final map of the Hydrological Union of Peat as stipulated in article 7. (6) in the case of peat Ecosystems do not meet the conditions referred to in subsection (3) and subsection (4), the Minister set as a function of the cultivation of Peat Ecosystems. Article 10 (1) Tions Peat which has been designated by the Minister as a function of ecosystem function and cultivation of protected Peat as referred to in article 9 are presented in the form of a map of Peat ecosystems function. (2) Map Peat Ecosystem functions referred to in subsection (1) consists of: a. the national peat moss Ecosystems function map is presented with most small scale 1:250,000; b. map Peat Ecosystem function of the province served with most small scale 1:100,000; and c. a map Peat Ecosystem function district/city presented with most small scale 1:50,000. Article 11 (1) of the ecosystem functions of cultivation with peat moss can be converted into Peat Ecosystems with a protected function. (2) changes in Ecosystem function Peat as mentioned on paragraph (1): a. done by the Minister; or b. based on the proposals of the Governor or Regent/Mayor in accordance with those powers to the Minister. (3) changes in Ecosystem function Peat as mentioned on paragraph (1) may be made in terms of: a. Peat Ecosystem meets the conditions referred to in article 9 paragraph (2) Letter c and d; www.djpp.kemenkumham.go.id


2014, no. 209 7 b. the existence of ecological urgency to conduct prevention efforts or the restoration of environmental damage on and/or around Peat Ecosystems; c. the existence of ecological urgency to do backup attempt Peat Ecosystems in the province or district/city. (4) changes to Ecosystem function Peat as mentioned on paragraph (1) and paragraph (2) is fixed by the Minister after coordinating with: a. Minister of Government Affairs which hosts in the field of forestry and Minister of Government Affairs which hosts in the field of water resources, in terms of changes in Ecosystem function Peat will be assigned are in forested areas; b. Ministers who organizes the Affairs of Government in the field of water resources, in terms of changes in Ecosystem function Peat will be assigned is outside the forest area; and c. the Governor and/or Regents/mayors of according those powers. (5) in carrying out the coordination referred to in paragraph (3), the Minister may establish a review team changes Peat Ecosystems function. (6) further Provisions regarding the procedures for the establishment of Ecosystem function changes the study team of peat and the procedures for proposing changes to Ecosystem function of Peat by the Governor or Regent/Mayor of regulated by regulation of the Minister. Article 12 the peat moss Ecosystems has been established as a function of protected cultivation or used as ingredients in the preparation and review of the plan of spatial locality along with details of the plan. Article 13 further Provisions regarding the procedures for designation Peat Ecosystem function are regulated by Ministerial Regulation after coordinating with the Minister concerned. The fourth part is the preparation and determination of ecosystem Management and protection plan Peat Article 14 (1) the preparation of a plan for the protection and management of Peat Ecosystems referred to in article 4 letter c includes: www.djpp.kemenkumham.go.id 2014, no. 209 8 a. Ecosystem Management and protection plan for the national peat moss; b. plan of protection and management of Peat Ecosystems of the province; and c. protection plan and management of Peat Ecosystems kabupaten/kota. (2) the plan for the protection and management of the national peat moss Ecosystems referred to in subsection (1) letter a drawn up for the protection and management of Peat Ecosystems cross the province. (3) protection plan and the management of the province's Peat Ecosystem as referred to in paragraph (1) letter b composed for the protection and management of Peat Ecosystems in the province. (4) protection plan and management of Peat Ecosystems kabupaten/kota referred to in paragraph (2) Letter c arranged for the protection and management of Peat Ecosystems in the kabupaten/kota. Article 15 (1) of ecosystem Management and protection plan for the national peat moss as stipulated in article 14 paragraph (1) letter a structured map national peat moss Ecosystems functions as stipulated in article 10 paragraph (2) letter a. (2) the plan for the protection and management of the province's Peat Ecosystem as stipulated in article 14 paragraph (1) letter b composed by: a. Ecosystem Management and protection plan for the national peat moss as referred to in paragraph (1); and b. provincial peat moss Ecosystems function maps referred to in article 10 paragraph (2) letter b. (3) protection plan and management of Peat Ecosystems kabupaten/kota referred to in Article 14 paragraph (1) Letter c is compiled on the basis of: a. Ecosystem Management and protection plan for the national peat moss referred to in subsection (1); b. plan of protection and management of Peat Ecosystems of the province referred to in subsection (2); and c. a map function Peat Ecosystems kabupaten/kota referred to in article 10 paragraph (2) Letter c. 2014 www.djpp.kemenkumham.go.id, no. 209 9 Article 16 (1) of ecosystem Management and protection plan for the national peat moss as stipulated in article 15 paragraph (1) was drafted and enacted by the Minister after coordinating with the Minister: a. organizing the Affairs of the Government in the field of forestry; and b. the Minister who organized a Government Affairs in the field of water resources and the arrangement of the space. (2) the plan for the protection and management of the province's Peat Ecosystem as stipulated in article 15 paragraph (2) was drafted and enacted by the Governor. (3) protection plan and management of Peat Ecosystems kabupaten/kota as stipulated in article 15 paragraph (3) are organized and established by the Regents/mayors. (4) determination of Ecosystem Management and protection plan of peat by the Governor or Regent/Mayor as referred to in paragraph (2) and paragraph (3) should first get the technical recommendations of the Minister. Article 17 (1) protection plan and management of Peat Ecosystems least load plan: a. utilization and/or backup Peat Ecosystems; b. maintenance and protection of the quality and/or Peat Ecosystem function; c. control, monitoring, as well as the efficient use and conservation of Peat Ecosystems; and d. adaptation and mitigation to climate change. (2) the plan for the protection and management of Peat Ecosystems as referred to in paragraph (1) should pay attention to: a. diversity of characters and ecological functions; b. distribution of the population; c. distribution of potential natural resources; d. local wisdom; e. aspiration; f. climate change; and g. the plan of spatial locality. 2014 www.djpp.kemenkumham.go.id, no. 209 10 (3) protection plan and management of Peat Ecosystems is part of a plan for the protection and management of the environment. Article 18 (1) in terms of the ecosystem functions of cultivation with Peat is converted into Peat Ecosystems protected functions referred to in article 11, the protection plan and management of Peat Ecosystems that have been set as mentioned in article 16 to do the changes. (2) changes in Ecosystem Management and protection plan Peat conducted by Governors or Regents/mayors must have the technical recommendations of the Minister. Article 19 further Provisions regarding the procedures for the preparation, determination, and changes in Ecosystem Management and protection plan is controlled by a regulation of the Minister of peat after coordinating with the Minister concerned. CHAPTER III UTILIZATION of article 20 (1) utilization of peat moss Ecosystems was done based on Ecosystem Management and protection plan of national, provincial, Peat and kabupaten/kota referred to in article 16. (2) utilization of Peat Ecosystems referred to in subsection (1) may be made on Peat Ecosystems protected functions and functions with cultivation. (3) utilization of Peat Ecosystems referred to in subsection (2) by keeping the required function hydrological Peat. Article 21 (1) utilization of peat moss peat moss ecosystems Ecosystems with a protected function as referred to in article 8 paragraph (2) may be made to a limited extent to activities: a. research; b. Science; c. education; and/or d. environmental services. 2014 www.djpp.kemenkumham.go.id, no. 209 11 (2) on Peat Ecosystems with the cultivation function can be utilized for all activities in accordance with the plan for the protection and management of Peat Ecosystems. CHAPTER IV CONTROL of Part One General Article 22 (1) Peat Ecosystem damage control is done based on Ecosystem Management and protection plan of national, provincial, Peat and kabupaten/kota referred to in article 16. (2) damage control Peatland Ecosystems consist of: a. the prevention of damage to the Peat Ecosystems; b. Peat Ecosystem damage mitigation; and c. recovery of ecosystem damage to Peat. The second part Peat Ecosystem Damage Prevention Article 23 (1) any Peat Ecosystems can occur in Peat Ecosystems: a. with the function of protected areas; and b. Peat Ecosystems with the function of cultivation. (2) Peat Ecosystems with a protected function declared in beyond raw damage criteria as follows: a. There is an artificial drainage on Peat Ecosystems with a protected function that has been assigned; b. tereksposnya berpirit sediments and/or kwarsa under layers of Peat; and/or c. broad reductions occurred and/or volume of land cover on Peat Ecosystems with a protected function. (3) the ecosystem functions of Cultivating with peat moss declared in raw damage meets the criteria as follows: a. face of ground water in the peat more than 0.4 (zero coma four) meters under the surface of Peat; and/or b. tereksposnya berpirit sediments and/or kwarsa under layers of Peat. www.djpp.kemenkumham.go.id


2014, no. 209 12 Article 24 (1) the provisions concerning raw Peat Ecosystem damage criteria referred to in Article 23 paragraph (3) excluded against Peat Ecosystems with a thickness of less than 1 m (one meter) on Peat Ecosystems with the function of cultivation. (2) raw Peat Ecosystem damage Criteria with a thickness of less than 1 m (one meter) on Peat Ecosystems with the cultivation function as intended in paragraph (1) set out in the permit. Article 25 (1) the person in charge of business and/or activities that perform utilization of Peat Ecosystems with the cultivation function required to have environmental impact analysis on life or environmental management efforts and mandatory environmental monitoring effort gained permission from the Minister of the environment, the Governor, and/or the bupati/walikota in accordance with those powers. (2) the requirements and procedures of application for environmental permit referred to in subsection (1) is carried out in accordance with the provisions of the legislation. Article 26 any person is prohibited: a. open Peat Ecosystems in land with a protected function; b. create a drainage channel that resulted in the Peat dried; c. burning the peat; and/or d. do other activities that result in terlampauinya of raw Peat Ecosystem damage criteria referred to in Article 11 paragraph (2) and paragraph (3). The third part Peat Ecosystem Damage Mitigation article 27 (1) the person in charge of business and/or activities that perform utilization of Peat Ecosystem that causes damage to Peat Ecosystems in or outside the area of efforts and/or appropriate mitigation activities obligatory liability listed in the environmental permit. 2014 www.djpp.kemenkumham.go.id, no. 209 13 (2) Countermeasure of ecosystem damage to Peat as referred to in paragraph (1) mandatory implemented by person in charge of business and/or activities against the ravages of: a. the occurrence of Peat fires; b. tereksposnya berpirit sediments and/or kwarsa; c. construction of the drainage that resulted in the Peat dried; and/or d. Peat Ecosystems on lands opening. (3) Countermeasure of ecosystem damage Peat as referred to in paragraph (2) is performed through: a. fire suppression; b. the area of insulation sediments of berpiritnya and/or kwarsanya exposure; c. manufacture of tabath governing buildings or water; and/or d. any other way which does not cause any negative impact on Peat Ecosystems. Article 28 in terms of the person in charge of business and/or activities are not doing countermeasures to damage as referred to in article 27 in the longest period of 24 (twenty four) hours since he knew of the crash, Minister, or Governor, bupati/walikota correspond to those powers set a third party to do the upper Peat Ecosystem damage mitigation costs in charge of the effort and/or activities. Article 29 (1) in case of the person in charge of business and/or activities are not doing countermeasures, the fees charged to the person in charge of business and/or activities referred to in Article 28 is accounted as loss environment. (2) a quantity of environmental losses referred to in paragraph (1) established on the basis of agreement between the Minister, Governors, or Regent/Mayor with the person in charge of business and/or activities. The fourth part of the restoration of article 30 (1) the person in charge of business and/or activities that perform utilization of Peat which causes damage to the Ecosystem www.djpp.kemenkumham.go.id 2014, no. 209 of 14 Peat Ecosystems within or outside of the area of business and/or appropriate restoration activities obligatory liability listed in the environmental permit. (2) restoration of the inside and outside of the area of business and/or activities referred to in paragraph (1) mandatory implemented by person in charge of business and/or activities against damage as referred to in article 27 paragraph (2). (3) Restoration is carried out by means of: a. rehabilitation; b. the restoration; and/or c. other means in accordance with the development of science and technology. (4) further Provisions on the criteria of recovering Peat Ecosystem function is controlled by a regulation of the Minister. Article 31 in terms of in charge of the effort and/or activities do not do restoration of Peat Ecosystems functions as stipulated in article 30 within a period of not longer than 30 (thirty) days since the crash, he knew the Minister, Governors, or bupati/walikota correspond to those powers set a third party to perform the recovery of the Ecosystem functions of Peat over the burden of the cost of the person in charge of business and/or activities. Article 32 (1) in case of the person in charge of business and/or activities do not perform recovery, the costs charged to the person in charge of business and/or activities referred to in article 31 is accounted as loss environment. (2) a quantity of environmental losses referred to in paragraph (1) established on the basis of agreement between the Minister, Governors, or Regent/Mayor with the person in charge of business and/or activities. Chapter V MAINTENANCE of article 33 Peat Ecosystem Maintenance as stipulated in article 5 paragraph (1) letter b is carried out through the efforts of: www.djpp.kemenkumham.go.id 2014, no. 209 15 a. backup Peat Ecosystems; and/or b. the preservation of Peat Ecosystems function as the controlling effects of climate change. Article 34 (1) Backup Peat Ecosystems referred to in Article 33 the letter a is done by the Minister, Governors, or Regents/mayors. (2) the backup Peat Ecosystems referred to in subsection (1) is done through the determination of Peat Ecosystems that cannot be managed within a certain period. (3) Peat Ecosystems that cannot be managed in a particular period as referred to in paragraph (2) includes the following: a. Peat Ecosystems with a protected function that the extent of the lesser of 30% (thirty per hundred) of Peat on the Hydrological Union of the province or district/city; b. Peat Ecosystems with the cultivation function of 50% (fifty per hundred) of the extent of which has been awarded business license and/or activities beyond raw damage criteria referred to in Article 23. c. Peat Ecosystems that are set for the moratorium on utilization based on legislation; and/or d. Peat Ecosystems with the cultivation function of set changes its function into a function protected by the Minister referred to in section 11 subsection (3) the letter c. (4) determination of Peat Ecosystems that cannot be managed in a particular period as referred to in paragraph (2) are listed in the plan for the protection and management of Peat Ecosystems in national, provincial, and district/city. Article 35 (1) preservation of Peat Ecosystem function as the controlling effects of climate change as referred to in article 33 the letter b is carried out through the efforts of: a. the mitigation of climate change; and b. adaptation to climate change. (2) the efforts of climate change mitigation and adaptation as referred to in subsection (1) is carried out in accordance with laws-invitation. 2014 www.djpp.kemenkumham.go.id, no. 209 16 CHAPTER VI SUPERVISION Supervision is considered Part of article 36 (1) the Minister, Governors, or bupati/walikota complies with its mandatory to conduct surveillance against obedience in charge of the effort and/or Peat Ecosystems especially of: a. the provisions on the utilization, control, and maintenance of the ecosystem of peat; and b. the terms and obligations listed in the environmental permit. (2) the Minister, Governors, or bupati/walikota can delegate those powers in conducting surveillance to officials/responsible technical agencies in the field of the protection and management of the environment. (3) in the exercise of supervision, the Minister, Governors, or bupati/walikota assign supervisory officials of the environment which is a functional official. Article 37 (1) Supervisory Officials of the environment as referred to in article 36 paragraph (3) authorized: a. monitoring; b. request a description; c. make a copy of the document and/or create the necessary records; d. enter a certain place; e. photograph; f. make audio visual recordings; g. taking samples; h. inspect equipment; i. check the installation and/or means of transport; and/or certain violations stopping j.. 2014 www.djpp.kemenkumham.go.id, no. 209 17 (2) in carrying out its task, the environmental watchdog officials can conduct coordination with officials investigating civil servant. (3) the person in charge of business and/or activities prohibited to impede the execution of the duties of a supervisory official of the environment. Article 38 (1) Supervisory Officials of the environment is a civil servant who meets the requirements of the lowest line of the young stylists/space IIIa. (2) in addition to the requirements of the line referred to in paragraph (1), civil servants must pass in the education and training of environmental overseers. Article 39 the provisions regarding environmental watchdog officials governed by or based on ministerial regulation which organizes the Affairs of Government in the field of utilization of State apparatus and reform the bureaucracy. CHAPTER VII the ADMINISTRATIVE SANCTIONS of article 40 (1) the Minister, Governors, or Regents/mayors in accordance with its administrative sanctions apply. (2) administrative Sanctions referred to in subsection (1) consists of: a. a written reprimand; b. coercion of the Government; c. freezing of the environmental permit; or d. the revocation of the environment. (3) Government Compulsion as referred to in paragraph (2) letter b include: a. temporary suspension of activities; b. the transfer of the means of activities; c. closure drainage channels; d. disassembly; e. forfeiture of goods or tools that could potentially cause offence; www.djpp.kemenkumham.go.id


2014, no. 214 18 f. temporary suspension of all activities; and/or other action g. which aims to stop the violations and actions to restore the functionality of the environment. Article 41 any person who violates the provisions of article 26 is government coercion as stipulated in article 40 paragraph (3). Article 42 (1) in case of violation of the provisions of article 26 was done by the person in charge of business and/or activities, the Minister, Governors, or Regents/mayors in accordance with its administrative sanction in the form of giving government coercion as stipulated in article 40 paragraph (3). (2) in case of the person in charge of business and/or activities not implementing Government compulsion as referred to in paragraph (1), the Minister, Governors, or Regents/mayors in accordance with its administrative sanctions provide freezing permission schrot environment. (3) in case of the person in charge of business and/or activities do not comply with the provisions in the freezing Environment permission referred to in subsection (2), the Minister, Governors, or Regents/mayors in accordance with its administrative sanction in the form giving permission for the removal of the environment. (4) further Provisions regarding the fulfillment of the criteria and timeframes against government coercion, freezing conditions permit revocation and of the environment, the environment is controlled by a regulation of the Minister. Article 43 (1) in charge of the effort and/or activities that perform utilization of Peat Ecosystems in violation of the provisions of article 27 and article 28 is an administrative sanction in the form of government coercion as stipulated in article 40 paragraph (3). (2) in case of the person in charge of business and/or activities that do not implement utilization of Peat Ecosystems Government compulsion as referred to in paragraph (1), the Minister, Governors, or bupati/walikota give administrative sanctions in the form of an environmental permit freezing. (3) in case of the person in charge of business and/or activities do not comply with the provisions in the freezing Environment permission referred to in subsection (2), the Minister, Governors, or Regents Mayor www.djpp.kemenkumham.go.id 2014, no. 209 19 in accordance with the administrative sanction in the form of giving its revocation of the environment. (4) further Provisions regarding the fulfillment of the criteria and timeframes against government coercion, freezing conditions permit revocation and of the environment, the environment is controlled by a regulation of the Minister. Article 44 (1) the person in charge of business and/or activities that perform utilization of Peat Ecosystems in violation of the provisions of article 30 and article 31 administrative sanctions are in the form of government coercion as stipulated in article 40 paragraph (2) letter b. (2) in case of the person in charge of business and/or activities that do not implement utilization of Peat Ecosystems Government compulsion as referred to in paragraph (1), the Minister, Governors, or bupati/walikota give administrative sanctions in the form of an environmental permit freezing. (3) in case of the person in charge of business and/or activities that do not meet the utilization of Peat Ecosystem conditions in the environmental permit the freezing referred to in subsection (2), the Minister, Governors, or bupati/walikota give administrative sanctions in the form of revocation of the environment. (4) further Provisions regarding the fulfillment of the criteria and timeframes against government coercion, freezing conditions permit revocation and of the environment, the environment is controlled by a regulation of the Minister. CHAPTER VIII TRANSITIONAL PROVISIONS Article 45 at the time this Regulation comes into force: a. business license and/or activity to make use of Peat Ecosystems in protected Peat Ecosystems function that had been published before this Regulation applies and is already in operation, otherwise remain in force until the period of the permit expires. b. activities of the utilization of Peat Ecosystems protected function which has got a business license and there has been no activity at the site, business license remains valid with the obligation of maintaining the hydrological function of Peat. 2014 www.djpp.kemenkumham.go.id, no. 209 of 20 c. the permit holder in terms of utilization of not implementing the obligation of maintaining the hydrological function of Peat as stated on the letter b for 2 (two) years, business license revoked by the giver of the consent. CHAPTER IX PROVISIONS COVER Article 46 (1) the Minister establishes a unitary map Hydrological Peat longest 2 (two) years since the Government regulations accounting for this set. (2) the Minister establishes a protected function and the function of cultivating Peat Ecosystems most 2 (two) years counted since the final map of the Hydrological Union of the Peat set. Article 47 of this Regulation comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of this Regulation with its placement in the State Gazette of the Republic of Indonesia. Established in Jakarta on 12 September 2014 PRESIDENT REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on September 15, 2006 MINISTER OF JUSTICE and HUMAN RIGHTS of REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.kemenkumham.go.id 2014, no. 209 21 www.djpp.kemenkumham.go.id