Government Regulation Number 68 By 2014

Original Language Title: Peraturan Pemerintah Nomor 68 Tahun 2014

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e4a076ccc14d0eb834313433343432.html

LN190_5574_pp068 .doc-2014 STATE GAZETTE of REPUBLIC of INDONESIA No. 190, 2014 defense. Region. Setup. Assignment. Planning. REGULATION of the GOVERNMENT of the REPUBLIC of INDONESIA NUMBER 68 by 2014 ABOUT STATE DEFENSE AREA SETUP with the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: that in order to implement the provisions of article 10 paragraph (2) of Act No. 3 of 2002 on State Defense and article 17 paragraph (7) of the Act No. 26 of 2007 about the Structuring of space, needs to establish government regulation about the arrangement of the territory of the State Defence; Remember: 1. Article 5 paragraph (2) of the Constitution of the Republic of Indonesia in 1945; 2. Act No. 3 of 2002 on State Defense (Gazette of the Republic of Indonesia Year 2002 number 3, an additional Sheet of the Republic of Indonesia Number 4169); 3. Act No. 26 of 2007 concerning Spatial (Gazette of the Republic of Indonesia Number 68 in 2007, an additional Sheet of the Republic of Indonesia Number 4725); 2014 www.djpp.kemenkumham.go.id, no. 190 2 decide: define: GOVERNMENT REGULATIONS ABOUT STATE DEFENSE AREA SETUP. CHAPTER I GENERAL PROVISIONS article 1 In this Regulation the definition: 1. Space is a container that includes space land, sea, space and air spaces, including spaces in the Earth as a whole region, where humans and other living creatures, doing activities, and maintaining his survival. 2. The area is the space that is the geographical unity with all related elements and system limits are determined based on administrative aspects and/or functional aspects. 3. The territory of the State Defence hereinafter called the area Defence is an area which is set to defend the country's sovereignty, territorial integrity and unity of the Republic Indonesia Country safety of all Nations from the threat of disorder and the integrity of the nation and the State. 4. Arrangement of Territory defense is a defense of Territory assignment based on a Territorial Defence planning process, the utilization of the region's defense, and controlling the utilization of Territorial defense. 5. plan the Defense Territory further abbreviated RWP was the result of a planning area that indicates the location of the Territorial Defense in the interest of the defense of the country. 6. Detailed Plans Area Defence hereinafter abbreviated to RRWP is a listing of the planning area that indicates the location of the area of Defense, according to matra Indonesian army, INDONESIAN ARMY, Navy and air force the AIR FORCE made in detail for the sake of the defense of the country. 7. The Central Government that the Government is hereinafter referred to as the President of the Republic of Indonesia that holds the powers of the Government of the Republic of Indonesia as stipulated in the Constitution of the Republic of Indonesia in 1945. 8. Local Government is the Governor, Governor or mayor, and other areas as the organizer of local governance. 10. the Minister is the Minister of the organizing Affairs of the Government in the field of Defense. 2014 www.djpp.kemenkumham.go.id, no. 190 3 article 2 scope of Area Defense Setup includes the following: a. the determination of Territorial Defence; b. planning Territory Defense; c. utilization of Territorial Defence; and d. control the utilization of the region's defense of article 3 (1) of part or all of the territory of the State Union of Republic of Indonesia can be used for the purpose of organizing the defense of the country, both in peacetime and in war. (2) in peacetime as referred to in paragraph (1), the territory of the Republic of Indonesia Unity State is used as a defense for the benefit of development and the construction of the ability of the defense as the embodiment of power charms the nation. (3) in a State of war as mentioned in subsection (1), the territory of the Republic of Indonesia Unity State is used as a defense for the sake of the war. Article 4 implementation of the Setup is done in the Defense Area is integrated with spatial territory of national, provincial, territory spatial and spatial area of kabupaten/kota. CHAPTER II DETERMINATION of the TERRITORY Considered part of the Common DEFENCE of article 5 (1) the region of Defense established by the Government to give guarantees of certainty to the existence of Areas of Defense. (2) the defence Area was set having regard to the interests of the region and defense functions. (3) the region of Defense referred to in subsection (1) include the following: a. ground Defense Regions; b. the area of the defence of the sea; and c. the area air defense. 2014 www.djpp.kemenkumham.go.id, no. 190 4 Article 6 Defense Area referred to in article 5 consists of: a. a military base or kesatrian; b. regional military exercises; c. military installations; d. regional trials of military weaponry and equipment; e. areas of explosive and dangerous goods storage; f. regional disposal of ammunition and other dangerous defense equipment; g. National vital objects which are strategically; and/or h. air defence interests. Article 7 (1) Defence Area as referred to in article 6 letter a, letter b, letter c and listed in annex II which are part an integral part of this Regulation. (2) the defence Area as referred to in article 6 letter d up with the letter h is specified by a decision of the Minister. Article 8 (1) the defence Area as referred to in article 6 may be defined as a national strategic areas of Defense and security interests (2) the determination of the area of Defense referred to in subsection (1) is carried out in accordance with the provisions of the legislation. (3) After the defence Area was designated as a national strategic areas, spatial plan drawn up national strategic areas. The second part of the procedures for Drafting Spatial Plans national strategic areas of Defense and Security Interests article 9 the procedures for drafting spatial plans national strategic areas as referred to in article 8 paragraph (3) was conducted by the national level stakeholders by involving community participation. Article 10 (1) the process of the preparation of spatial plan national strategic areas as referred to in article 9 is done through stages: a. the preparation of drafting, include: www.djpp.kemenkumham.go.id 2014, no. 190 5 1. drafting the terms of reference of the work; 2. determination of the methodology; 3. budgeting; and 4. the involvement of elements of the INDONESIAN ARMY. b. data collection, at least include the following: 1. the data of the administration area; 2. distinct physiographic data; 3. data on population; 4. data on social conditions; 5. financial and economic data; 6. data availability of infrastructures and means basis; 7. data on land use; 8. provision of data space; 9. data on natural resources and the environment; and 10. basic topographical maps and thematic maps needed. c. data processing and analysis, at least covering the techniques of analysis related to the strategic value of the area. d. formulation of the conception of the plan, at least must be: 1. refer to: a Spatial Plan) the national territory; b) RWP; c) public policy defence State; d) policy of organizing the defence of the State; and e) guidelines and instructions of the implementation field of structuring space and defense. 2. pay attention: a) the Spatial Plan of the island or islands; b) Spatial Plan of the province and/or Spatial Plan area of kabupaten/kota; c) national long-term development plan; and d) national medium term development plan; 2014 www.djpp.kemenkumham.go.id, no. 190 6 3. load: a) the purpose, policy, and strategy of development of the national strategic areas; and b) concept of the development of the national strategic areas. (2) the process of the preparation of Spatial Plan national strategic areas as referred to in article 8 paragraph (3) is carried out in accordance with the provisions of the legislation. Article 11 Spatial Plan referred to in article 10 established by regulation of the President. CHAPTER III PLANNING REGION is considered part of the DEFENSE planning of the Region's defense of article 12 Paragraph 1 Common Defense Planning Region implemented to produce: a. RWP; and b. RRWP. Article 13 (1) RWP and RRWP as referred to in article 12 is used as one reference in drafting plans for spatial provinces and kabupaten/kota with detailed plans or plan detail. (2) the RWP and RRWP as stipulated in article 12 be used as one input in drafting plans for spatial territorial and spatial plan national strategic areas. Paragraph 2 of article 14 of the Defence Area Plan RWP drafted having regard to: a. the country's defense policy and strategy; b. the defense system of the country; c. the availability of resources and national infrastructure; www.djpp.kemenkumham.go.id


2014, no. 190 7 d. welfare and interests of the community; and e. the spatial plan of the area along with plan details. Article 15 (1) RWP valid for 20 (twenty) years and reviewed one (1) times within 5 (five) years. (2) the RWP can be reviewed more than 1 (one) time within 5 (five) years in case of: a. national disaster; b. change the territorial limits set by the legislation; and/or c. national policy changes in the field of Defense. Article 16 (1) which contains the location of the RWP Territory Defence as stipulated in article 6 letter a, letter b, letter c, and depicted in a map with a scale of 1:1,000,000 as listed in Annex I which is part an integral part of this Regulation. (2) the location of the Region that contains the RWP Defense referred to in the article 6 letter d up with the letter h is specified by a decision of the Minister. Paragraph 3 Detailed Plans Area Defense article 17 (1) RRWP is a tool operasionalisasi RWP and as a basis to develop facilities and infrastructure defense. (2) RRWP as referred to in subsection (1) consists of: a. land RRWP; b. RRWP sea; and c. RRWP. Article 18 (1) RRWP referred to in article 17 prepared by each Force's Chief of staff in integrated and coordinated antarmatra of land, sea, and air. (2) the preparation of the RRWP referred to in paragraph (1) should refer to the RWP. 2014 www.djpp.kemenkumham.go.id, no. 190 8 (3) RRWP as referred to in paragraph (1) established by decision of the Minister after paying attention to the advice of the Commander of the TNI. Article 19 (1) RRWP valid for 20 (twenty) years and reviewed one (1) times within 5 (five) years. (2) RRWP can be reviewed more than 1 (one) time within 5 (five) years in case of: a. national disaster; b. change the territorial limits set by the legislation; and/or c. national policy changes in the field of Defense. The second part is the utilization of the region's Defense Public article 20 Paragraph 1 (1) the defence Area utilized by the INDONESIAN ARMED FORCES in order to strengthen the defense capability and safeguard the country's sovereignty. (2) the utilization area of Defense referred to in subsection (1) must be made in accordance with the RWP and RRWP. Article 21 In the utilization of the region's defense, TNI can involve community participation in activities to safeguard the interests of the defence. Article 22 the defence Area Utilization is carried out on the basis of guidelines, standards, and technical criteria set by the Minister. Paragraph 2 Landing Area Utilization of Defense Article 11 utilization of Area Defense is done with do not interfere with the functions of the environment and natural ecosystems, as well as paying attention to the increase in added value to the Region's defense is concerned. 2014 www.djpp.kemenkumham.go.id, no. 190 9 Article 24 (1) utilization of the region's defense should be in line with the functions of the defense. (2) utilization of the region's defense outside the Defense function must have the permission of the Minister. (3) utilization of the region's defense outside the Defense function as referred to in paragraph (2) was carried out in accordance with the provisions of the legislation. Paragraph 3 the construction and development of the region's defense of article 25 (1) in the framework of the construction or development of the area of defence procurement, implemented land. (2) the procurement of land referred to in subsection (1) is carried out in accordance with the provisions of the legislation. Article 26 (1) the Government and/or local government is obliged to provide land for the construction and development of the region's defense as stipulated in article 6 a to the letter with the letter g in its territory. (2) the provision of the land referred to in subsection (1) done at the suggestion of the Minister. (3) the land referred to in subsection (1) is adjusted with the function peruntukkannya the area of Defense as stipulated in article 6 a to the letter with the letter g. Article 27 in terms of land area required for military exercises, the Government and/or local government is obliged to provide land for the AIR FORCE units from the level of individual exercise up to a combined level of exercise the TNI. Article 28 (1) military exercise Areas are provided for units of the AIR FORCE on the national scale, the scale of the provinces, and the scale of the district. (2) on a national scale, the military exercises at least consists of 3 (three) combined exercise the TNI area. (3) On the provincial, regional-scale military exercises at least consist of 1 (one) combined exercise the TNI area level: www.djpp.kemenkumham.go.id 2014, no. 190 10 a. Indonesian army battalion; b. Marine combat force supporting marine landing forces of the INDONESIAN Navy; and/or c. squadrons or battalions of TNI air force Paskhas. (4) on a scale of district, regional military exercises at least consists of one (1) company-level exercise the TNI area. Paragraph 4 the preparation and use of Military Exercise Areas are temporary or not Keep Article 29 the Government and/or regional Governments set up its territory to be used as a military exercise area which is temporary or permanent. Article 30 (1) preparation of the territory referred to in Article 29 is done at the request of the leadership of the TNI units according its lowest-level unit of local territorial command. (2) preparation of the area referred to in subsection (1) include the following aspects of the geography, demographics, as well as supporting infrastructure organization of defense interests. Article 31 (1) the use of the area as referred to in article 29 should pay attention to the rights of the people, social value of the cultural community, and the balance of the ecosystem. (2) the use of the area as referred to in paragraph (1) should coordinate with relevant agencies. The third part Control the utilization of the region's defense of article 32 (1) utilization of the area around a military base or kesatrian as referred to in article 6 a, must support and maintain the function of the military base. (2) in terms of utilization around military bases or potentially kesatrian does not support and does not maintain a military base or kesatrian function, it is used must meet the requirements in accordance with the provisions of the legislation. 2014 www.djpp.kemenkumham.go.id, no. 190 11 Article 33 (1) utilization of the area around the area of military training as referred to in article 6 letter b, must support and keeping the functions of the regional military exercises. (2) in case of utilization of military exercise areas around potentially does not support the function of the military exercise area, it is used must meet the requirements in accordance with the provisions of the legislation. Article 34 (1) utilization of areas around military installations as referred to in article 6 letter c, the need to support and maintain the function of the military installation. (2) in case of utilization of military installations around potentially does not endorse and is not keeping the functions of military installations, it is used must meet the requirements in accordance with the provisions of the legislation. Article 35 (1) utilization of the area around the area of testing equipment and military weaponry as stipulated in article 6 letter d, must support and keeping the functions of the regional trials of military equipment and weaponry. (2) in terms of the utilization of the area around the trials of military equipment and armaments potentially does not support and does not keep the interests of the defence, it is used must meet the requirements in accordance with the provisions of laws-invitation. Article 36 (1) utilization of the area around the area of explosive and dangerous goods storage more as stipulated in article 6 letter e, must support and keeping the functions of explosive goods storage areas and other dangerous. (2) in terms of the utilization of the storage area in the vicinity of explosive and other dangerous goods potentially does not support and does not keep the interests of the defence, it is used must meet the requirements in accordance with the provisions of the legislation. Article 37 (1) utilization of the area around the area of disposal of ammunition and other dangerous defense equipment as referred to in article 6 www.djpp.kemenkumham.go.id


2014, no. 190 12 letter f, it should support the regional function and keeping disposal of ammunition and other dangerous defense equipment. (2) in terms of the utilization of the area around the disposal of ammunition and other potentially hazardous defense equipment does not support and does not keep the interests of the defence, it is used must meet the requirements in accordance with the provisions of the legislation. Article 38 (1) utilization of the area around the vital national objects of strategic nature as referred to in article 6 of the letter g, should support and preserve a vital national objects function that is strategic. (2) in terms of the utilization of national vital objects around that are potentially strategic does not support and does not keep the interests of the defence, it is used must meet the requirements in accordance with the provisions of the legislation. Article 39 (1) utilization of the area around air defence interests referred to in the article 6 letter h, must support and maintain air defence functions. (2) in terms of the utilization of air defence interests around potentially does not support and does not keep the interests of the defence, it is used must meet the requirements in accordance with the provisions of the legislation. Article 40 (1) Control the utilization of the region's defense is done through monitoring, surveillance, and curbing. (2) Control the utilization of the region's defense as intended in paragraph (1) was carried out by the Government and/or regional Governments in accordance with those powers. Article 41 the monitoring referred to in article 40 paragraph (1) is carried out through the management information systems and communication. Article 42 the supervision referred to in article 40 paragraph (1) is carried out through supervision and reporting. 2014 www.djpp.kemenkumham.go.id, no. 190 13 Article 43 (1) Action as stipulated in article 40 paragraph (1) will be conducted based on the results of the reporting referred to in Article 42. (2) the Action referred to in subsection (1) may include recovery of function spaces suit RWP and RRWP. (3) Reform undertaken by the Government apparatus and/or local governments along the TNI. CHAPTER IV OVER the FUNCTION of article 44 (1) the region of Defense can only be dialihfungsikan with the following conditions: a. based on the assessment of ineffective and inefficient for the benefit of the defense; and/or b. There are interests of national development. (2) assessment of ineffective and inefficient as referred to in paragraph (1) letter a is assigned by the Minister after coordinating with the Commander of the Indonesian armed forces and the Navy's Chief of staff. (3) the interests of the larger national development as referred to in paragraph (1) letter b is assigned by the President. (4) the Defense Area over the function referred to in subsection (1) done with the terms of the replacement area has been prepared which meet the criteria as Areas of Defense. (5) the Defense Area over the function referred to in subsection (1) and subsection (4) is carried out in accordance with the provisions of the legislation. Chapter V CLOSING PROVISIONS Article 45 at the time this Regulation comes into force, all the provisions of the regulation implementation with regard to structuring the territory Defense remains valid along does not contradict or have not changed based on government regulations. Article 46 of this Regulation comes into force on the date of promulgation. 2014 www.djpp.kemenkumham.go.id, no. 190 14 so that everyone knows it, ordered the enactment of this Regulation with its placement in the State Gazette of the Republic of Indonesia. Established in Jakarta on 19 August 2014 PRESIDENT REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on August 19, 2006 MINISTER OF JUSTICE and HUMAN RIGHTS of REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.kemenkumham.go.id