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STATE NEWS
REPUBLIC OF INDONESIA
| No. 900, 2013 | MINISTRY OF MARINE AND FISHERIES. Reclamation. Coastal region. Small Island. Licensing. |
RULE
MINISTER OF MARINE AND FISHERIES REPUBLIC OF INDONESIA
NUMBER 17 /PERMEN-KP/2013
ABOUT
RECLAMATION PERMITS IN COASTAL REGIONS AND SMALL ISLANDS
WITH THE GRACE OF THE ALMIGHTY GOD
MINISTER OF MARINE AND FISHERIES REPUBLIC OF INDONESIA,
Weighing: that to carry out the provisions of Article 21 and Article 28 of the Presidential Regulation No. 122 of 2012 on Reclamation in the Coastal Region and the Small Islands, it needs to establish the Minister ' s Regulation on Reclamation Licensing and Impact on the Life and Life of the Community in the Coastal Region and Small Island-Islands;
Given: 1. Law No. 32 of the Year 2004 on the Government of Regions (State of the Republic of Indonesia 2004 No. 125, Additional Gazette of the Republic of Indonesia Number 4437), as amended last by Act No. 12 of 2008 (State of the Republic of Indonesia 2008 No. 59, Additional Gazette of the Republic of Indonesia No. 4844);
2. Law No. 27 Year 2007 on Management Of Coastal Regions and Small Islands (leaf Of State Of The Republic Of Indonesia Year 2007 Number 84, Additional Sheet Of State Republic Indonesia Number 4739);
3. Law No. 32 Year 2009 On Protection and Environmental Management (sheet Of State Of The Republic Of Indonesia In 2009 Number 140, Additional Gazette Of The Republic Of Indonesia Number 5059);
4. Government Regulation No. 38 Year 2007 on the Partition of Government Affairs between Government, Provincial Local Government and District/City Government (State Gazette of 2007 Indonesia Number 82, Additional Sheet of State Republic of Indonesia No. 4737);
5. Government Regulation No. 62 of 2010 on Utilization Of The Outer Islands (sheet Of State Of The Republic Of Indonesia In 2010 Number 109, Additional Sheet Of State Republic Indonesia Number 5154);
6. Government Regulation No. 64 of 2010 on Disaster Mitigation in Coastal Areas and Small Islands (State Sheet Indonesia Year 2010 Number 101, Additional Gazette Republic of Indonesia Number 5151);
7. Government Regulation No. 27 of 2012 on Environmental Permits (Sheet State Of The Republic Of Indonesia In 2012 Number 48, Additional Sheet Of State Republic Of Indonesia Number 5285);
8. Presidential Regulation No. 47 of 2009 on the Establishment and Organization of the Ministry of State, as amended last with the Presidential Regulation Number 91 of 2011 (State Sheet of the Republic of Indonesia Year 2011 Number 141);
9. Presidential Regulation No. 24 of 2010 on Occupation, Duty, and Functions of the Ministry of State and Functions of the Organization, Duty, and Functions of Eselon I Ministry of State of the Republic of Indonesia, as amended last with the Presidential Regulation Number 38 Years 2013 (State of the Republic of Indonesia in 2013 Number 90);
10. Presidential Regulation Number 122 of 2012 on Reclamation in Coastal Region and Small Island (State Sheet of the Republic of Indonesia Year 2012 Number 141);
11. Presidential Decree No. 84 /P of the Year 2009, as amended by Presidential Decree Number 60 /P of 2013;
12. Regulation of the Minister of Oceans and Fisheries Number PER.16/MEN/2008 on the Planning of Managing Coastal Areas and Small Islands;
13. Regulation of the Minister of Oceans and Fisheries Number PER.15/MEN/2010 on the Organization and the Working Governance of the Ministry of Marine and Fisheries;
DECIDED:
establish: MARITIME MINISTER AND FISHING REGULATIONS ON RECLAIMED PERMITS IN COASTAL AREAS AND SMALL ISLANDS.
BAB I
UMUM CONDITIONS
Section 1
In Regulation of this Minister referred to:
1. Reclamation is the activities performed by people in order to increase the benefits of land resources reviewed from the environmental and social corners of the economy by means of decoding, land drying or drainage.
2. The National Strategic Area is a region related to the sovereignty of the country, environmental control, and/or world heritage sites, whose development is prioritised for national interests.
3. The National Strategic Area is a region whose space is prioritised because it has a nationally important influence on state sovereignty, state sovereignty, defense and security, economic, social, cultural, and/or environmental issues, including The territory that has been designated as a world heritage.
4. The zoning plan of coastal areas and small islands, which further abbreviated to RZWP-3-K, is a plan that determines the direction of the use of the resources of each planning unit accompanied by the establishment of the structure and pattern of space on the region Planning and planning activities can be performed and should not be done as well as activities that can only be done after obtaining permission.
5. The fishing port is a place that consists of land and surrounding waters with certain limits as a place of government activities and activities of the fishery business system used as the place of fishing vessels leaning, anchorage, and/or unloading of fish equipped with cruise safety facilities and fishery support activities.
6. Environmental permissions are permits granted to any person who does business and/or activities that are required to analyze the impact of the environment or the UKL-UPL in order for protection and management of the environment as a prerequisite to IBM. obtaining an enterprise and/or activities permit.
7. The National Vital Object is the area/location, building/installation and/or effort that concerns the life of many people, the interests of the country and/or the source of income of a strategic state.
8. Sustainability is the principle that current resource utilization activities do not result in losing the ability of resources for the fulfillment of needs in the coming days.
9. Life is a trait that distinguates objects that have a signal and self-imposition (living organism) with an object that does not possess it, either because those functions are dead or because the object (dead object) does not have a Such functions and are classified as dead objects.
Ten. A livelihood is an activity where access to assets or capital (nature, human, financial, social, and physical) is mediated by institutional and social relations that are jointly influencing the results obtained by both individuals and families.
11. Access is a set of facilities and/or that affects the different capabilities between people in having, control, claim and/or use resources.
Twelve. Coastal communities are communities that are officially settled in villages or villages bordering coastal areas or communities that are officially settled close to the coastal areas and some of its citizens have a related profession. With the coastal economy.
Thirteen. Fishermen are people whose days are working to catch fish or other biota that live on the ground, columns or surface waters.
14. Fish cultivation is an activity for nurturing, raising, and/or breeding fish, as well as harvesting the results in a controlled environment, including activities that use a transport fleet to load, transport, store, cool, and cool. handle, process and/or preserve it.
15.The cultivation of fish is the person whose livelihood is performing fish-homelessness.
-16. Marine and fishery businesses are the production and/or services activities that are based on marine and fishery resources with the aim of gaining profit.
17.Coastal Region is a transitional area between the land and sea ecosystems affected by changes on land and sea.
18. A small island is an island with an area smaller or equal to 2,000 km2 (two thousand square kilometers) and an ecosystem of ecosystems.
Nineteen. Conservation areas in coastal areas and small islands are coastal areas and small islands with particular characteristics that are protected to realize the management of coastal areas and small islands in a sustainable way.
20.Person is an individual person and/or legal entity.
21.Ministry is the Ministry of Oceans and Fisheries of the Republic of Indonesia.
22.Minister is the minister who organizes government affairs in the marine field and fishery.
23.The Director General is Director General of Marine, Coastal and Small Islands.
BAB II
JENIS PERIZSE
Section 2
(1) Government, local government, and any person who will carry out reclamation in coastal areas and the small islands are required to have:
a. Location Permission; and
B. Reclamation Clearance.
(2) The location permit as referred to in paragraph (1) of the letter a consists of:
a. Reclamation Location Permission; and
B. Location Permission To Reclamation Material Sources.
Article 3
(1) Reclamation Site Permit and Reclamation Implementation Permissions are excluded for reclamation at:
a. Working Environment Area (DLKr) and the Regional Importance Area (DLKp) major port and feeder port as well as in special terminal waters area;
B. the location of mining, oil, earth gas, and geothermal; and
c. Forest region in order of recovery and/or forest repair.
(2) Reclamation cannot be performed on conservation areas and ocean flows.
(3) The conservation area as referred to in paragraph (2) only applies to the core zone.
Section 4
(1) Reclamation of reclaimed material source materials may be carried on land and/or sea.
(2) The location of the reclamation material source location as referred to in paragraph (1) cannot be performed at:
a. outer small islands (PCCP);
B. the conservation areas of coastal waters and coastal conservation and the small islands;
c. small island with an area of less than 100 (one hundred) acres; and
D. Coral reefs, mangroves, and pastures;
(3) Reclamation of reclamation material as referred to in paragraph (1) should not:
a. destructive the sustainability of ecosystems in coastal areas and small islands;
B. resulting in coastal erosion; and
c. disrupt the sustainability of life and the livelihood of the community.
(4) Reclamation of reclamation material on the small island is at most 10% (ten percent) of the island ' s vast area.
BAB III
AUTHORITY AND RESPONSIBILITIES
Section 5
(1) the Minister authorized to publish Reclamation Site Permit and Reclamation Implementation Permissions on:
a. Certain National Strategic Areas;
B. coastal waters within the National Strategic Area;
c. cross-province reclamation activities;
D. Reclamation activities in the fishing port managed by the Ministry; and
e. Reclamation activities for the National Vital Object in accordance with the laws.
(2) Reclamation of Reclamation Site and Reclamation Implementation as referred to in paragraph (1) for Certain National Strategic Areas, coastal waters within the National Strategic Area, and cross-province reclamation activities published after receiving deliberation from the regent/mayor and governor.
(3) Perscales as referred to in paragraph (2), related to:
a. Reclamation location; and
B. Location of reclaimed material source.
Section 6
Governor authorized to publish Reclamation Location Permit and Reclamation Implementation ' s Permit to:
a. sea waters beyond the patent/city authority to the most distant 12 (twelve) nautical miles measured from the shoreline towards the high seas and/or towards the waters of the islands; and
B. Reclaimed activities in fishing ports managed by the provincial government.
Section 7
The regent/mayor is authorized to publish Reclamation Site Permit and Reclamation Implementation ' s Permit to:
a. sea waters 1/3 (third) of the province ' s jurisdiction; and
B. Reclamation activities in fishing ports run by the county/city government.
Section 8
(1) Reclamation of Reclamation Location with a luasan above 25 (twenty-five) hectares must obtain a recommendation from the Minister.
(2) Reclamation of Reclamation of Reclamation above 500 (five hundred) hectares must obtain a recommendation from the Minister.
(3) The Minister ' s recommendation as referred to in paragraph (1), is published by considering:
a. venue of location with RZWP-3-K or RTRW province, county/city that has already allocated space for reclamation;
B. coastal ecosystem conditions;
c. public access; and
D. The sustainability of life and the livelihood of people
(4) The Minister ' s recommendation as referred to in paragraph (2), is published by considering:
a. Amdal-appropriate environmental impact studies;
B. coastal ecosystem conditions;
c. public access;
D. reclaimed area space alignment; and
e. The sustainability of life and the livelihood of people
(5) The request of a recommendation as referred to in paragraph (1) is submitted by the governor or the regent/mayor to the Minister accompanied by the requirement:
a. reference to reclamation location and material source location of the governor, bupati/walikota;
B. the map of the reclamation location and the location of a material source with a scale of 1: 1,000 with latitude coordinate system (longitute) and longitude (latitute) on the map sheet; and
c. Reclamation planning proposal.
(6) The request of recommendation as referred to in paragraph (2) is submitted by the governor or the regent/mayor to the Minister accompanied by the requirement:
a. reference to reclamation location and material source location of the governor, bupati/walikota;
B. parent plan;
c. feasibility study; and
D. Detailed design.
(7) The Minister provides a recommendation within 10 (ten) days of work since receiving a full recommendation request.
(8) The recommendation as referred to in paragraph (1) or paragraph (2) is a requirement for a governor or a regent/mayor to publish Reclamation Site Permit and Reclamation Permit Permission.
(9) The provisions of the drafting of the reclamation planning proposal as referred to in paragraph (5) of the letter c are further set forth by the Decision of the Director General.
Section 9
Minister, Governor, and regent/mayor are responsible for any Reclamation Location Permission and Reclamation Implementation Permit published.
Article 10
The granting of the reclamation material source location is implemented in accordance with the laws.
BAB IV
REQUIREMENTS AND GRAMMAR ISSUER REQUIREMENTS
The Kesatu section
Reclamation Location Permission
Section 11
(1) Government, local government, and any person to have Reclamation Location Permission as referred to in Section 2 of the paragraph (2) letter a, must apply to the Minister accompanied by the requirement for:
a. Government and local governments are in the case of an activity in charge of activities;
B. Individual persons are:
1. Answer the charge of activities for the business entity;
2. Photocopies of the Population Card (KTP) individual or the responsible for activities; and
3. The IBM Cloud Service is a service that is not a single person or entity that is the subject of a third party.
c. legal entity is:
1. The description of the activity responsible for activities;
2. Photocopy akte founding company by showing the original;
3. Photocopy of the Trade Permit Mail;
4. NPWP photocopies; and
5. Domisili's description of the business.
(2) In addition to the terms referred to in paragraph (1), the requirement is added:
a. evidence of conformity location with RZWP-3-K and/or RTRW of the authority of the authorized instance;
B. site map reclamation with scale 1: 1,000 with latitude coordinate system (longitute) and longitude (latitute) on the map sheet;
c. map location of the reclamation material with scale 1: 10,000 with latitude coordinate system (longitute) and longitude (latitute) on the map sheet; and
D. Reclamation proposal.
Article 12
(1) Reclamation proposals as referred to in Section 11 of the paragraph (2) the letter d contains:
a. background;
B. reclaimed destination;
c. consideration of location determination containing technical aspects, environmental aspects, and economic social aspects;
D. Reclamation material extraction plan for at least loading and transporting materials, volume, and material types;
e. Reclaimed land utilization plan;
f. the general overview of the reclamation execution; and
G. Work on the job plan.
(2) The provisions of the drafting of the reclamation proposal as referred to in paragraph (1) are set further by the Decision of the Director General.
Section 13
(1) Based on the request as referred to in Article 11, the field examination is conducted to verify the validity of the submitted documents.
(2) In terms of assessment and evaluation have been appropriate, to reclamation on the National Strategic Region of Certain and provincial cross-reclamation activities, the Minister delivered a plea to the governor and the regent/mayor to obtain Consideration.
(3) The Minister publishes the approval or rejection of the Reclamation of Reclamation Site for at least 20 (twenty) days of work since the full acceptance of the application includes the acceptance of the regent/mayor and the governor.
(4) The form and format of the Reclamation Site Permit as referred to in paragraph (3) as set forth in Appendix I which is an inseparable part of the Regulation of this Minister.
Second Part
Reclamation Implementation Permission
Section 14
(1) Government, local government, and any person to have Reclamation Implementation Permission as referred to in Section 2 of paragraph (1) letter b, must apply to the Minister accompanied by the requirement for:
a. Government and local governments are in the case of an activity in charge of activities.
B. Individual persons are:
1. The description of the activity responsible for activities;
2. KTP photocopies; and
3. Photocopy of NPWP.
c. legal entity is:
1. The description of the activity responsible for activities;
2. Photocopy akte founding company by showing the original;
3. SIUP photocopy; and
4. Photocopy of NPWP.
(2) In addition to the terms referred to in paragraph (1), the requirement is added:
a. photocopy of Reclamation Location Permission;
B. photocopy of the Environment Permission for the location of the reclamation execution issued by the authorized agencies/agencies;
c. Reclamation point master plan which lists the coastal border allocation in accordance with the laws of the law;
D. feasibility study;
e. Reclamation document design documents equipped with constructions and construction images, and infrastructure plans;
f. Implementation method and schedule of reclamation execution;
G. proof of ownership and/or possession of land if the reclamation location is contided with the mainland;
h. a letter of statement of notions to safeguard and guarantee the sustainability of life and the livelihood of the community; and
i. a letter between the applicant and the Material Supplier Party that is legalized by a Notary equipped with a copy of the Regional Mining License and the Application of the Environmental Permit for the location of the material source issued by the authorized agency/agency;
(3) The terms of the preparation of the master plan, the feasibility study and the design of the reclamation detail as referred to in paragraph (2) of the letter c, the letter d, and the letter e are further established by the Decision of the Director General.
Section 15
(1) Based on the application as referred to in Article 14, conducted a field check to verify the correctness of the submitted documents.
(2) In terms of assessment and evaluation have been appropriate, to reclamation on the National Strategic Region of Certain and provincial cross-reclamation activities, the Minister delivered a plea to the governor and the regent/mayor to obtain Consideration.
(3) The Minister publishes the approval or rejection of the implementation of Reclamation of the Reclamation of the longest 45 (forty-five) days of work since the full acceptance of the application includes consideration of the regent/mayor and the governor.
(4) The form and format of Reclamation Implementation as referred to in paragraph (3) as set forth in Annex II which is an inseparable part of the Regulation of this Minister.
Third Part
Set the Way of the Issuing Location Permit and the Implementation of Reclamation by the Governor and the Regent/Mayor
Section 16
Tata the way of publishing Reclamation Location Permission and Reclamation of Reclamation Permits that are the authority of the governor and the regent/mayor are further set up with the governor's Ordinance and the mayor/mayor by referring to this Minister's Rule.
BAB V
CHANGES, EXTENSIONS, AND REPLACEMENT OF LOCATION PERMISSIONS AND RECLAMATION EXECUTION PERMISSIONS
The Kesatu section
Reclamation Location Permission
Paragraph 1
Changes
Section 17
(1) Any changes to the reclamation location that are mandatory expansion are reported to the Minister.
(2) Enlargement as referred to in paragraph (1) is a single unit of the initial location and can only be performed at most 20% (twenty percent) of the initial dissection.
Section 18
(1) Enlargement of the reclamation location as referred to in Article 17 can only be performed after 6 (six) months since the Reclamation Site's License was issued.
(2) Enlargement of the reclamation location as referred to in paragraph (1) is submitted to the Minister by applying for the Reclamation of Reclamation Location Permission.
Article 19
(1) Reclamation of Reclamation Location Permission change as referred to in Section 18 of the paragraph (2) accompanied by the requirement:
a. photocopy of the initial Reclamation Location Permission;
B. location map changes;
c. Reclamation location information and material source location of the Governor, bupati/walikota; and
D. the location of the location environment changes
(2) If the request is approved, the field examination is conducted to verify the validity of the submitted documents.
(3) the Minister publishes the consent or refusal of the change of Reclamation of the Reclamation Site for at least 20 (twenty) days of work since the complete acceptance of the request.
(4) The initial Reclamation Site permit returned to the Minister at the time of the change Reclamation Location License is published.
(5) Change Reclamation Site permissions are in effect since publication until the expiration of the initial Reclamation Site Permit.
Paragraph 2
Extension
Section 20
(1) The Reclamation Location Permission extension may be submitted 3 (three) months prior to the expiration of the Reclamation Location License.
(2) The application of the Reclamation Site License extension is submitted to the Minister accompanied by the requirement:
a. photocopy of the initial Reclamation Location Permission;
B. the reason for extension; and
c. Licensee's authorized use of the IBM Cloud Service may be used for the following:
Section 21
(1) If the request is approved, the 14 (fourteen) longest ministerial day of the working day publishes the extension Reclamation Site since the acceptance of the application is complete.
(2) The extension of the extension Reclamation Site as referred to in paragraph (1) is valid at least 2 (two) years since the expiration of the initial Reclamation Site License.
(3) If the Reclamation of the Reclamation Site is terminated and there is no extension, the extension of the license extension is in effect with the issuance of the new Reclamation Site Permit.
Paragraph 3
Reimbursed
Section 22
(1) Reclamation of Reclamation Location Permission is performed if the original Reclamation Site Permit is broken or lost.
(2) Reclamation of Reclamation Location Permission submitted to the Minister accompanied by the requirement:
a. Defective original Reclamation Location permissions; or
B. A missing letter from the police department in the case of the original Reclamation point permit missing.
(3) If the request is approved, the current Minister 5 (five) of the working day has issued a replacement Reclamation Site Permit since the receipt of the request is complete.
Second Part
Reclamation Implementation Permission
Paragraph 1
Changes
Section 23
(1) Any changes to the implementation of mandatory reclamation are reported to the Minister.
(2) The change in execution of the reclamation as referred to in paragraph (1), may be due to change:
a. Reclamation Location Permission;
B. parent plan;
C. Environment permissions; dan/or
D. Detailed design.
Section 24
(1) The change of implementation of reclamation as referred to in Article 23 of the paragraph (2) can only be performed after 6 (six) months since the Reclamation Implementation Reclamation was published.
(2) The change in implementation of the reclamation as referred to in paragraph (1) is submitted to the Minister by applying for a change in Reclamation Implementation.
Section 25
(1) Request of the Reclamation of Reclamation Permit Permit as referred to in Section 24 of the paragraph (2) is accompanied by the requirement:
a. photocopy of the initial Reclamation Location Permission;
B. photocopy of the initial Reclamation Implementation;
c. map location change;
D. Reclamation location information and material source location of the Governor, bupati/walikota;
e. the master plan for implementation of the change Reclamation;
f. photocopy Environmental Permit changes;
G. design details reclamation of changes; and
h. Method of execution, use of equipment, and reclamation schedule.
(2) If the request is approved, the field examination is conducted to verify the validity of the submitted documents.
(3) the Minister publishes the consent or refusal of the change of Implementation Of The Reclamation Permit 45 (forty-five) days of work since the full acceptance of the request.
(4) Early Reclamation of Reclamation permit returned to the Minister at the time of the Implementation of the Reclamation of the changes published.
(5) The implementation of the changes entered into effect since it was published until the expiration of the initial Reclamation of Reclaiming.
Paragraph 2
Extension
Section 26
(1) Reclamation of Reclamation Implementation permits may be submitted 3 (three) months prior to the expiration of the Reclamation Implementation Permit terminating.
(2) The application of the Reclamation Implementation Permit extension is submitted to the Minister accompanied by the requirement:
a. photocopy of the initial Reclamation Implementation;
B. the reason of extension;
c. A candidate ' s candidate misrepresentation of the permit to continue the work; and
D. Method of execution and schedule reclamation.
Section 27
(1) If the application is approved, the 14 (fourteen) longest ministerial day of the work publishes the Reclamation of the Reclamation of Reclamation since the full application is received.
(2) The renewal of the renewal of the extension as referred to in paragraph (1) is valid at least 5 (five) years since the expiration of the initial Reclamation of the Staging Permit.
(3) If the expiration of the Reclamation of Reclamation is terminated and there is no extension, the terms of extension of the permit are in effect equal to the issuance of the new Reclamation of Implementation Permit.
Paragraph 3
Reimbursed
Section 28
(1) Reclamation of Reclamation Implementation permit is performed if the original Reclamation Permit Permit is damaged or lost.
(2) Repayment of Reclamation Implementation permit submitted to the Minister accompanied by the requirement:
a. The broken Reclamation Implementation permit; or
B. A missing letter from the police force in the event of the original Reclamation clearance is missing.
(3) If the request is approved, the current Minister 5 (five) days of work published the Implementation Permit of the Reclamation Reclamation since the full acceptance of the request.
Third Part
The changes, the extension, and the Reclamation of Location Permit and the Implementation of Reclamation Implementation by the Governor and
Bupati/Mayor
Section 29
Tata means of change, extension, and replacement of location permissions and reclamation clearance which are the governor's authority, the regent/mayor is further set up with the governor's Ordinance, the regent/mayor by referring to the Minister's Ordinance this.
BAB VI
IMPLEMENTATION OF THE RECLAMATION ON THE SUSTAINABILITY OF LIFE AND THE LIVELIHOOD OF SOCIETY
The Kesatu section
General
Section 30
(1) The implementation of the reclamation is mandatory and pay attention to the sustainability of life and the livelihood of the community.
(2) Continuation of life and the livelihood of the community as referred to in paragraph (1), done with:
a. providing access to the community towards the coast;
B. maintain the livelihood of residents as fishermen, fish fertilization, and other marine and fishery efforts;
c. provide compensation/change losses to the communities around which are affected by the reclamation;
D. relocating settlements for communities that are on the reclamation site; and
e. empowering communities around those affected by the reclamation.
Second Part
Public Access
Section 31
(1) Licensee's mandatory implementation of the reclamation permit provides access to the community towards the coast.
(2) Access to the public at the location of the implementation of the reclamation as referred to in paragraph (1) includes:
a. Community access is utilizing the coastal border;
B. Community access to the beach in enjoying the beauty of nature;
c. Fisherman ' s access and fish fertilization in fishery activities;
D. people ' s cruise access; and
e. Public access for religious and customary activities on the beach.
(3) As a form of granting access as referred to in paragraph (2) the holder of the mandatory Reclamation pass permit:
a. pour in the reclaimed master plan;
B. allocating a portion of reclaimed land for coastal spurs and water/waterways;
c. provide a path to the coastal border and river;
D. provides a path to the location of religious and customary activities on the coast; and
e. Provides transportation infrastructure.
(4) The access that has been specified as referred to in paragraph (3) must remain retained and cannot be alienable.
Third Part
Maintaining Livelihood
Section 32
(1) Reclamation holders are seeking to maintain the livelihood of residents as fishermen, fish fertilization, and other marine and fishery efforts.
(2) The livelihoods of residents as fishermen are attempted through the provision:
a. the means and the fishing infrastructure; and/or
B. an ongoing alternative livelihood.
(3) The livelihood of the population as a fish fertilization is sought through the provision:
a. location and infrastructure for the cultivation of fish; and/or
B. an ongoing alternative livelihood.
(4) The livelihood of residents for marine and other fisheries efforts is sought through the provision:
a. the means and infrastructure of other marine and fishery efforts; and/or
B. an ongoing alternative livelihood.
(5) alternative means of livelihood as referred to in paragraph (2) letter b, paragraph (3) letter b, and paragraph (4) of the letter b must be provided with training so that it has the skills ready to use.
Fourth Quarter
Compensation /Replace Losses
Section 33
(1) Licensee's authorized use of the Reclamation is required to provide compensation for the affected community.
(2) Compensation is given in form:
a. change the loss in cash form; and/or
B. Environmental improvement.
(3) Replace the loss as referred to in paragraph (2) the letter a given to the lost community:
a. ground and building and are not willing to be relocated; and/or
B. a livelihood other than as referred to in Article 34 of the paragraph (1) that is in the reclamation site.
(4) Environmental improvement as referred to in paragraph (2) letter b, performed for coastal ecosystems and damaged small islands based on the results of environmental studies.
(5) Environmental improvement as referred to in verse (4) is done through the rehabilitation of the ecosystem at the reclamation site.
Fifth Part
Settlement Relocation
Section 34
(1) Licensee's authorized use of the Reclamation is required to perform a settlement relocation for communities affected by the reclamation activities.
(2) The resettlement of the settlement for the community as referred to in paragraph (1) is carried out through the provision of a viable replacement settlement and equipped with means and infrastructure.
(3) The implementation of the relocation as referred to in paragraph (2) is done by referring to the resettlement policy framework compiled by the local government/government.
Sixth Part
Community empowerment
Section 35
(1) Reclamation holders are required to perform enablement for the people around the affected reclamation based on environmental study results.
(2) Empowerment of the surrounding communities is done through the Social and Environmental Responsibility (TJSL) and/or Corporate Social Responsibility [Corporate Social Responsibility (CSR)].
(3) TJSL and/or CSR as referred to in paragraph (2) are performed through activities:
a. provisioning of the facility;
B. Distraction; and/or
C. Training.
Seventh Part
Set the Way for the Implementation of Life and Community Life
Section 36
(1) The implementation of life and community sustainability is implemented in a way:
a. Socialization of the plan for the sustainability of life and the livelihood of people
B. the affected community ' s redataan;
c. determination of how to maintain a livelihood;
D. the determination of alternative livelihoods;
e. determination of the compensation value;
f. determination of settlement relocation; and
G. Determination of how to empower people
(2) The implementation of activities as referred to in paragraph (1) is facilitated by the Minister, the governor, the regent/mayor according to his authority.
(3) Minister, governor, bupati/mayor may delegate the authority as referred to in verse (2) to the Director General, the head of the SKPD that has been imbued with marine and fishery.
(4) The implementation of activities as referred to in paragraph (2) is poured in the news of the event signed by the implementation of the reclamation and representative of the community.
BAB VII
MONITORING, EVALUATION, AND REPORTING
Section 37
(1) Monitoring and evaluation of implementation of reclamation activities carried out by the Director General, the Minister who organizes government affairs in the areas of protection and management of the environment, governors, and regents/mayors in Order to determine the agreement between the implementation of the reclamation activities with the planning and the Environment
(2) The monitoring and evaluation results are used as a repair material in the implementation of the reclamation.
(3) The provisions of monitoring and evaluation of the implementation of reclamation conducted by the Director General as referred to in paragraph (1) are set further by the Decision of the Director General.
Section 38
(1) Minister, governor, bupati/mayor in accordance with his authority is obligated to conduct monitoring and evaluation activities related to the implementation of reclamation on the sustainability of life and the livelihood of the people.
(2) Monitoring and evaluation is conducted to monitor the implementation of community access, maintain livelihood, compensation, settlement relocation, and community empowerment.
(3) The term of the monitoring and evaluation period as referred to in paragraph (2) is exercised at least 2 times a year until the implementation of life and the life of the community is completed.
(4) In terms of the results of monitoring and evaluation of the implementation of the reclamation not in accordance with the sustainability of life and the livelihood of the people, Ministers, governors, bupati/mayors are appropriate to their authority, requesting reclamation holders for the Doing a repair program.
(5) In terms of the implementation of the sustainability of life and the liveliancy of the community affected by the reclamation is not implemented then the public can file a lawsuit to the state court.
Section 39
(1) The Governor and the regent/mayor submit a report of Reclamation Site Permission and Reclamation of Reclamation Service to the Minister.
(2) The Governor and the regent/mayor submit a report of the reclamation implementation to the Minister every 6 (six) months.
(3) The report as referred to in paragraph (2) is used as an analytical material against the implementation of reclamation activities.
(4) Based on the results of the analysis as referred to in paragraph (3), if there is a conflict in the implementation of the reclamation, the Minister may provide a recommendation to the governor and the regent/mayor for review. Reclamation clearance.
BAB VIII
SUPERVISION
Section 40
(1) Reclamation control is carried out against the suitability of the reclamation location and the implementation of reclamation with the implementation of the reclamation.
(2) The supervision of the location permit as referred to in paragraph (1), does not include a reclamation material source location permit.
(3) Surveillance as referred to in paragraph (1) is performed by certain officials in the area of management of coastal areas and small islands in accordance with the nature of its work and being granted special policing authority. (POLSUS PWP-3-K).
BAB IX
OTHER PROVISIONS
Section 41
Conditions concerning reclamation in coastal areas and small islands as the Minister Rule is mutated mutatis mutandis to the reclamation of artificial islands.
BAB X
CLOSING PROVISIONS
Section 42
The Regulation of the Minister comes into effect on the date of the promulctest.
For each person to know it, order the invitation of the Order of the Minister with its placement in the News of the Republic of Indonesia.
Specified in Jakarta
on July 3, 2013
MINISTER OF MARINE AND FISHERIES
REPUBLIC OF INDONESIA,
SHARIF C. SUTARDJO
It is promulred in Jakarta
on 5 July 2013 February 2013
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
AMIR SYAMSUDIN
