Regulation Of The Minister Of Marine And Fisheries No. 17/candy-Kp/2013 2013

Original Language Title: Peraturan Menteri Kelautan dan Perikanan Nomor 17/PERMEN-KP/2013 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c50fb230b50b6f9313233323232.html

BN 900-2013 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 900, 2013 the MINISTRY of MARINE and fisheries. Reclamation. The Coastal Area. Small Islands. Permissions.
REGULATION of the MINISTER of MARINE and FISHERIES of the REPUBLIC of INDONESIA number 17/candy-KP/2013 ABOUT LICENSING in the AREA of RECLAMATION of COASTAL and small islands with the GRACE of GOD ALMIGHTY the MINISTER of MARINE and FISHERIES of the REPUBLIC of INDONESIA, Considering: that in order to implement the provisions of article 21 and article 28 presidential regulation Number 122 in 2012 about Reclamation in the coastal areas and small islands, the need to establish the ministerial regulation on Licensing of reclamation and impact on the lives and Livelihoods of people in the coastal areas and small islands;
Remember: 1. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437), as last amended by law No. 12 of 2008 (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844);
2. Act No. 27 of 2007 about management of Coastal Regions and small islands (Gazette Republic of Indonesia Number 84 in 2007, an additional Sheet of the Republic of Indonesia Number 5068);
3. 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);
4. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance and local governance Provincial district/city (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737);
5. Government Regulation Number 62 in 2010 about the utilization of Small Outlying Islands (Gazette Republic of Indonesia Number 109 in 2010, an additional Sheet of the Republic of Indonesia Number 5154);
6. Government Regulation Number 64 in 2010 about disaster mitigation in Coastal Regions and small islands (Gazette Republic of Indonesia year 2010 Number 101, an additional Sheet of the Republic of Indonesia Number 5151);
7. Government Regulation Number 27 in 2012 about the Environmental Permit (State Gazette of the Republic of Indonesia Number 48 in 2012, an additional Sheet of the Republic of Indonesia Number 5285);
8. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries, as last amended by regulation of the President Number 91 in 2011 (State Gazette of the Republic of Indonesia Number 141 in 2011);
9. Presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministry NegaraSerta Organization, duties, and functions of the Echelon I Ministries of the Republic of Indonesia, as amended last presidential regulation Number 38 by 2013 (the State Gazette of the Republic of Indonesia by 2013 the number 90);
10. Presidential regulation Number 122 in 2012 about Reclamation in the coastal areas and small islands (Gazette Republic of Indonesia in 2012 the number 141);
11. Presidential Decree Number 83/P in 2009, as amended by Presidential Decree Number 60/P by 2013;
12. Regulation of the Minister of marine and fisheries the number PER 16/DOWNLOAD/2008 about the planning of the management of the coastal areas and small islands;
13. the regulation of the Minister of marine and fisheries the number PER 15/DOWNLOAD/2010 about the Organization and the Work of the Ministry of marine and Fisheries;
Decide: define: REGULATION of the MINISTER of MARINE and FISHERIES of the COASTAL REGION in RECLAMATION LICENSING and small islands.
CHAPTER I GENERAL PROVISIONS article 1 In this ministerial regulation is: 1. is the Reclamation activities performed by people in order to increase the benefits of land resources reviewed from an economic and social environment by means of pengurugan, drying or land drainage.
2. the national strategic area is the area associated with State sovereignty, environmental control, and/or a world heritage site, the development was a priority for the national interest.
3. the national strategic areas are those areas prioritized its spatial Setup because it has a very important influence nationally against the sovereignty of the State, defense and homeland security, economic, social, cultural, and/or the environment, including the area that has been designated as a world heritage.
4. plan zoning the coastal areas and small islands, hereinafter abbreviated RZWP-3-K, is a plan that determines the direction of the use of resources for each planning unit accompanied by the determination of the structure and pattern of the space on the planning area that contains activities that can be done and should not be done as well as activities that can only be made after obtaining permission.
5. Fishing port is a place made up of surrounding lands and waters with a certain boundaries as the place of the activities of the Government and the activities of fisheries business system that is used as a fishing boat leaned, anchored, and/or unloading fish were equipped with safety facilities supporting fishing activities and cruise.
6. the Environmental Permit is a permission that is granted to any person who is doing business and/or activities required analysis of the impact of the environment or UKL-UPL in order of protection and management of the environment as a prerequisite to obtain a business license and/or activities.
7. National Vital Objects is the area/location, building/installation and/or effort regarding his living people, the interests of the country and/or state income source that is strategic.
8. Sustainability is the principle that resource utilisation activities at the present time do not lead to loss of the ability to fulfill the needs of the resource in the future.
9. Life is a characteristic that distinguishes objects that have a cue and self-sustaining processes (living organisms) and objects that don't have one (inanimate), either because such functions have died or because of objects (inanimate) does not have such functions and are classified as inanimate objects.
10. Economic activity is where access to capital or asset (financial, human, natural, social, and physical) is mediated by the institutional and social relationships that together affect the results obtained by the individual and family.
11. Access is a facility set up and/or affecting the ability of different between people in owning, controlling, claim and/or use of resources.
12. Coastal communities is the community which officially settled in villages or villages bordering the coastal area or a society that officially settled close to the coastal area and most of its citizens have a profession related to the coastal economy.
13. The fisherman is a man who in his daily work or catching fish and other biota living at the base, the column or the surface of the water.
14. fish Farms are activities to maintain, raise and/or fish breeds, as well as harvesting results in a controlled environment, including activities that use fleets of transport for loading, transporting, storing, cooling, handle, process and/or mengawetkannya. 15. fish Farmers are people whose livelihoods do fish farms.
16. Marine and fishery Business is production and/or service utilizing marine resources and fisheries with a view to profit. 17. The coastal area is a transition area between land and sea ecosystems are affected by changes in the land and sea.
18. Small Island is an island with an area less than or equal to 2,000 km2 (two thousand square kilometers) along with the unity of their ecosystems.
19. Conservation areas in coastal regions and in small islands and coastal areas are small islands with certain characteristics that are protected in order to realize the management of the coastal areas and small islands on an ongoing basis. 20. people are those individuals and/or legal entities.

21. The Ministry is the Ministry of marine and Fisheries of the Republic of Indonesia.

22. The Minister is the Minister who organized a Government Affairs in the field of marine and fisheries.

23. The Director General is the Director General of the marine, coastal and small islands.

CHAPTER II the LICENSING TYPE of article 2 (1) of the Government, local government, and any person who will carry out reclamation in the coastal regions and small islands obligated: a. site license; and b. Permits the implementation of reclamation.
(2) site license as referred to in paragraph (1) letter a consists of: a. the reclamation site license; and b. Permits the location of Source Material for reclamation.
Article 3 (1) site license and permit implementation of Reclamation Reclamation excluded for reclamation at: a. the area of the working environment (DLKr) and the Regional Environmental Interests (DLKp) the main port and the port of Gatherer as well as in territorial waters of terminals; b. location of the mining, oil, gas, and geothermal; and c.  forest area in order to recovery and/or repair of a forest. (2) Reclamation cannot be done on conservation areas and flow of the sea.

(3) conservation area as referred to in subsection (2) applies only to the core zone.

Article 4 (1) the location Source Retrieval material reclamation can be carried out on land and/or sea.
(2) the location source retrieval of reclamation material referred to in subsection (1) may not be carried out in: a. the outermost small islands (PPKT);

b. conservation areas conservation and coastal waters and small islands;

c. small island with an area of less than 100 (one hundred) hectares; and d. the area of coral reefs, mangroves, and seagrass pasture;

(3) retrieval of source material reclamation as referred to in paragraph (1) should not be: a. damaging the sustainability of ecosystems in coastal regions and small islands;

b. led to erosion of the beach; and c. interfere with the sustainability of life and livelihoods of communities. (4) the retrieval of source material reclamation on the small island at most 10% (ten percent) of the island.

CHAPTER III AUTHORITIES and RESPONSIBILITIES article 5 (1) the Minister is authorized to publish the reclamation site license and permit implementation of Reclamation on: a. the national strategic areas;

b. coastal waters within the national strategic areas;

c. cross-province of reclamation activities;

d. activities of reclamation in the harbour administered by the Ministry of fisheries; and e. the reclamation activities for National Vital Objects in accordance with the legislation.
(2) a Reclamation site license and permit implementation of Reclamation as referred to in subsection (1) for Certain national strategic areas, the coastal waters within the national strategic areas, and reclamation activities cross the province published after consideration of the bupati/walikota and Governor.
(3) the consideration referred to in subsection (2), is associated with: a. the reclamation site; and b. the location of the source material for reclamation.
Article 6 the Governor is authorized to publish the reclamation site license and permit implementation of Reclamation on: a. waters outside the authority of kebupaten/the city up to the furthest 12 (twelve) nautical miles measured from the shoreline towards the sea and/or towards the waters of the archipelago; and b. the reclamation activities at the fishing port which is managed by the provincial government.

Article 7 Bupati/walikota authorities publish a site license and permit implementation of Reclamation Reclamation on marine waters: a. 1/3 (one third) of the provincial authority; and b. the reclamation activities at the fishing port which is managed by district/city governments.

Article 8 (1) site license for reclamation with land coverage above 25 (twenty five) hectares should obtain the recommendation of the Minister.

(2) Permit the implementation of the Reclamation with land coverage above 500 (five hundred) acres must obtain the recommendation of the Minister.
(3) the recommendation of the Minister referred to in subsection (1), published by considering: a. the suitability of the site and RZWP-3-K or RTRW province, kabupaten/kota that already allocates space for reclamation;

b. the condition of ecosystems;

c. public access; and d. the sustainability of life and livelihoods of communities.
(4) the recommendation of the Minister referred to in subsection (2), published by considering: a. environmental impact study according Amdal;

b. the condition of ecosystems;

c. public access;

d. spatial area of reclamation; and e. the sustainability of life and livelihoods of communities.
(5) the petition's recommendations referred to in paragraph (1) proposed by the Governor or the bupati/walikota to the Minister accompanied by requirements: a. certificate of reclamation site and location of the source material from the Governor, bupati/walikota;
b. location of the reclamation and the location of the source material with a scale of 1:1,000 with coordinate system of latitude and longitude (longitute) (latitude) on sheets of the map; and c.  reclamation planning proposals.
(6) the petition's recommendations referred to in paragraph (2) presented by the Governor or the bupati/walikota to the Minister accompanied by requirements: a. certificate of reclamation site and location of the source material from the Governor, bupati/walikota;

b. master plan;

c. feasibility study; and d. the design details.
(7) the Minister provide recommendations within 10 (ten) working days as of receipt of the petition since the recommendations in full.
(8) the recommendations referred to in subsection (1) or subsection (2) is the requirement for the Governor or Regent/Mayor to publish a site license and permit implementation of Reclamation reclamation.
(9) the provisions concerning the preparation of proposals of reclamation planning as mentioned in subsection (5) the letter c are defined more by the decision of the Director General.
Article 9 the Minister, Governor, bupati/walikota and responsible for each site license and permit implementation of Reclamation Reclamation published.

Article 10 granting of permit location source material reclamation was carried out in accordance with the legislation.

CHAPTER IV REQUIREMENTS and PROCEDURES for the ISSUANCE of the PERMIT is considered part of the reclamation site license article 11 (1) Governments, local governments, and everyone has a site license for Reclamation as referred to in article 2 paragraph (2) letter a, must apply to the Minister, accompanied by the requirement for: a. the Government and local governments in the form of affidavits in charge of activities;
b. individual person such as: 1. the affidavits in charge of activities for business entities;

2. photocopy Card (KTP) Resident individual or penangggung responsibility activities; and 3. Tax Payer Number photocopy (NPWP) individuals or business entities.
c. legal entities in the form of: 1. the affidavits in charge of activities;

2. photocopy of the company establishment certificate by showing the original;

3. photocopying Licence trading business;

4. NPWP; and 5. business domicile affidavits.
(2) in addition to requirements as referred to in paragraph (1), added requirements include: a. proof of suitability of reclamation site with RZWP-3-K and/or RTRW from institutions the authorities;
b. location of the reclamation with a scale of 1:1,000 with coordinate system of latitude and longitude (longitute) (latitude) on sheets of the map;
c. location of source material reclamation with a scale of 1:10,000 with the coordinate system of latitude and longitude (longitute) (latitude) on sheets of the map; and d.  the reclamation proposal.
Article 12 (1) the reclamation Proposals as referred to in article 11 paragraph (2) letter d contains: a. background;

b. purpose of the reclamation;

c. consideration of the determination of the location that contains the technical aspects, environmental aspects, economic and social aspects;
d. plan of reclamation material sources-taking at least load method and transporting material, volume and type of material; e. plan of reclamation land use;

f. an overview of the implementation of the reclamation; and g.  schedule of implementation plan of work.
(2) the provisions of the arrangement of reclamation proposals as referred to in paragraph (1) are defined more by the decision of the Director General.
Article 13 (1) Upon application as referred to in article 11, a field inspection carried out in order to verify the correctness of the documents filed.
(2) in terms of assessment and evaluation was appropriate, for reclamation on Certain national strategic areas and reclamation activities cross the province, the Minister delivered a petition to the Governor and the bupati/walikota to get consideration.
(3) the Minister publishes the approval or rejection of the longest Reclamation site license 20 (twenty) working days since the receipt of the complete application including the receipt of consideration of the bupati/walikota and Governor.
(4) the form and format of the reclamation site license as referred to in paragraph (3) as listed in Annex I which is part an integral part of the regulation of the Minister.
The second part of article 14 Permits the implementation of Reclamation (1) Governments, local governments, and everyone to have permission of reclamation Implementation referred to in article 2 paragraph (1) letter b, must apply to the Minister, accompanied by the requirement for: a. the Government and local governments in the form of affidavits in charge of activities.
b. individual person such as: 1. the affidavits in charge of activities;

2. photocopy of ID CARD; and 3. NPWP.
c. legal entities in the form of: 1. the affidavits in charge of activities;

2. photocopy of the company establishment certificate by showing the original;

3. photocopy of SIUP; and 4. NPWP.
(2) in addition to requirements as referred to in paragraph (1), added requirements include: a. photocopying Permission Site Reclamation;

b. photocopy Permission for location Environment the implementation of reclamation issued by the authorized institution/agency;

c. the reclamation site master plan that includes the allocation of coastal boundary in accordance with the regulations;

d. feasibility study;
e. draft document detailing the reclamation are equipped with calculation and image construction, infrastructure plans and drawings; f. implementation of the method and timetable of the implementation of the reclamation;

g. evidence of ownership and/or mastery of the land reclamation site in berhimpitan to the Mainland;

h. affidavit of willingness to maintain and ensure the sustainability of life and livelihoods of the community; and i. letter of agreement between the applicant and the supplier of a Material that legalised by Notary equipped Regional Mining License photocopy and photocopy Permission for the location of the source of the material issued by the authorized institution/agency;
(3) the provisions concerning the preparation of the master plan, feasibility study and detailed design of reclamation as referred to in paragraph (2) Letter c, letter d, letter e and further defined by the decision of the Director General.
Article 15 (1) Upon application as referred to in article 14, conducted field checks to verify the truth of the documents filed.
(2) in terms of assessment and evaluation was appropriate, for reclamation on Certain national strategic areas and reclamation activities cross the province, the Minister delivered a petition to the Governor and the bupati/walikota to get consideration.
(3) the Minister publishes the approval or denial of the permit the implementation of the reclamation of the longest 45 (forty five) working days since the receipt of the complete application including the receipt of consideration of the bupati/walikota and Governor.

(4) the form and format Permits the implementation of Reclamation as referred to in paragraph (3) as listed in annex II which are part an integral part of the regulation of the Minister.
The third section the procedures for issuance of Permits and Permit Implementation by the Governor and reclaiming the Bupati/Walikota article 16 procedures for the issuance of Permits and permit the implementation of the Reclamation Site Reclamation which became the authority of the Governor and the bupati/walikota further regulated by regulation of the Governor and Regent/Mayor with reference to the regulation of the Minister.

Chapter V change, RENEWAL, and replacement of a PERMIT and PERMIT the IMPLEMENTATION of the RECLAMATION the reclamation site license is considered Part of the paragraph 1 changes to article 17 (1) any change in the location of a mandatory expansion of reclamation reported to the Minister.
(2) the extension referred to in paragraph (1) is one of the initial location and can only be done at most 20% (twenty percent) of the total area of the beginning.
Article 18 (1) the expansion of the site reclaimed as stipulated in article 17 can only be done after 6 (six) months from Reclamation site license published.
(2) expansion of the reclamation site referred to in subsection (1) is submitted to the Minister with the permission changes apply for Site reclamation.
Article 19 (1) the application for the change of the reclamation site license as referred to in article 18 paragraph (2) accompanied by requirements: a. photocopying Permission early Reclamation Site;

b. location map change;

c. certificate of reclamation site and location of the source material from the Governor, bupati/walikota; and d. the location environmental conditions change.
(2) if the petition is approved, field inspection is conducted to verify the truth of the documents filed.
(3) the Minister publishes the approval or rejection of the reclamation site license changes most 20 (twenty) working days since the receipt of the complete application. (4) initial Reclamation site license is returned to the Minister at the time of the reclamation site license change is published.
(5) the reclamation site license changes took effect since published up to the end of the expiration of the initial Reclamation site license.
Paragraph 2 the extension of article 20 (1) extension of the reclamation site license can be submitted three (3) months before the expiration of the reclamation site license expire.
(2) the application for an extension of the proposed Reclamation site license to the Minister accompanied by requirements: a. photocopying Permission early Reclamation Site;

b. reason for the extension; and c. an affidavit of his prospective holder of a permit to continue the work.
Article 21 (1) if the application is approved, the Minister 14 (fourteen) days of work published site license renewals since the Reclamation received a complete application.
(2) extension of the Reclamation site license as referred to in subsection (1) applies the longest 2 (two) years from the expiration of the applicable site license Reclaimed early.
(3) If a valid site license does not expire and Reclamation carried out an extension, the extension of the provisions of the permit is in effect the same as publishing the new Reclamation site license.
Paragraph 3 of the replacement of section 22 (1) the replacement of the reclamation site license is done when the original Reclamation site license is corrupted or missing.
(2) the replacement of the proposed Reclamation site license to the Minister accompanied by requirements: a. Permit the damaged original Reclamation Site; or b. the certificate is missing from the police force in terms of the original Reclamation missing site license.
(3) if the petition is approved, the Minister not more than 5 (five) working days to publish the reclamation site license replacement since the receipt of the complete application.
The second part of the implementation of Paragraph 1 Reclamation Permits changes to Article 23 (1) any changes to the mandatory reclamation implementation reported to the Minister.
(2) change the implementation of reclamation as referred to in paragraph (1), can be caused due to: a. the reclamation site license;

b. master plan;

c. Environmental Permits; and/or d. Design detail.
Article 24 (1) change the implementation of reclamation as stipulated in article 11 paragraph (2) may only be carried out after 6 (six) months from the implementation of the Reclamation Permits issued.
(2) change the implementation of reclamation as referred to in paragraph (1) proposed to the Minister to apply changes to Permit the implementation of the reclamation.
Article 25 (1) the application for Permit changes implementation of Reclamation as stipulated in article 24 paragraph (2) accompanied by requirements: a. photocopying Permission early Reclamation Site;

b. photocopy Permission the implementation of initial Reclamation;

c. location map change;

d. certificate of reclamation and site location of the source material from the Governor, bupati/walikota;

e. implementation of the master plan of reclamation changes;

f. photocopying Permission Environmental changes;

g. draft of reclamation details change; and h. the method implementation, use of equipment, and the reclamation schedule.
(2) if the petition is approved, field inspection is conducted to verify the truth of the documents filed.
(3) the Minister publishes the approval of changes to Permit the implementation of the reclamation of the longest 45 (forty five) working days since the receipt of the complete application.
(4) Permit the implementation of the initial Reclamation returned to the Minister at the time of Permit implementation of the reclamation of the change is published.
(5) Permits the implementation of Reclamation changes took effect since published up to the end of the validity period of the implementation of the initial Reclamation Permits.
Paragraph 2 the extension of Article 26 (1) extension of the permit the implementation of the Reclamation can be submitted three (3) months before the expiration of the permit the implementation of the Reclamation is ended.
(2) the application for extension of the Permission the implementation of Reclamation proposed to the Minister accompanied by requirements: a. photocopying Permission Implementation initial Reclamation;

b. reason for the extension;

c. waiver of his prospective holder permission to resume work; and d. the method of implementation and schedule of the reclamation.
Article 27 (1) if the application is approved, the Minister 14 (fourteen) days of work Permit issuing Reclamation Implementation extension since the receipt of the complete application.
(2) Permit the implementation of the Reclamation of the extension referred to in subsection (1) applies more than 5 (five) years from the expiration of the valid Permit the implementation of the initial Reclamation.
(3) if the Implementation Permits the reclamation period ends and does not do the extension, the extension of the provisions of the permit is in effect the same as the publishing Permit the implementation of the new Reclamation.
Paragraph 3 Replacement Article 28 (1) replacement of Permit implementation of the Reclamation carried out in implementation of the original Reclamation permits are damaged or missing.
(2) replacement of Permit implementation of Reclamation proposed to the Minister accompanied requirements: a. Permit the implementation of the Reclamation of damaged; or b. the certificate is missing from the police force in terms of the implementation of the original Reclamation missing Permission.
(3) if the petition is approved, the Minister not more than 5 (five) working days of issuing the permit implementation of Reclamation replacement since the receipt of the complete application.
The third section Changes, renewals and Replacements site license and permit Implementation by the Governor and reclaiming the Bupati/Walikota Section 29 of the Ordinance change, renewal, and replacement of a permit and permit the implementation of the reclamation became the authority of the Governor, bupati/walikota further regulated by regulation of the Governor, bupati/walikota with reference to the regulation of the Minister.
CHAPTER VI IMPLEMENTATION of the RECLAMATION AGAINST the SUSTAINABILITY of LIFE and LIVELIHOODS of the COMMUNITY Part One General article 30 (1) the implementation of the reclamation to safeguarding and paying attention to the sustainability of life and livelihoods of communities.
(2) the sustainability of life and livelihoods of the community as referred to in paragraph (1), performed by: a. providing access to the community to the beach;
b. maintain the livelihoods of inhabitants as fishermen, farmers, fish, and other marine and fishing effort; c. provide compensation/damages to the surrounding communities affected by the reclamation;

d. relocating neighborhoods for the people that are on the site reclamation; and e.  empowering local communities affected by the reclamation.
Part two public access article 31 (1) the holder of the permit the implementation of the reclamation required to provide access to the public beach.
(2) access to the community at the site of the results of the implementation of the reclamation as referred to in subsection (1) include the following: a. access the community capitalize on the border of the beach;

b. public access to the beach in enjoying the beauty of nature;

c. access to fishermen and fish farmers in fisheries activities;

d. access the cruise people; and e. public access to custom and religious activities on the beach.
(3) as a form of granting of access referred to in subsection (2) the holder of the permit the implementation of the mandatory reclamation: a. pouring in master plan of reclamation;

b. allocate some land reclamation for the border of the beach and river/waterways;

c. provide a line to the border of the beach and the river;

d. provide a line to the location of the custom and religious activities on the beach; and e. providing transport infrastructure. (4) a predetermined Access referred to in paragraph (3) should be retained and cannot be dialihfungsikan.

The third part of sustaining the livelihoods of article 32 (1) the holder of the permit the implementation of reclamation sought to sustain the livelihood of the residents as fishermen, farmers, fish, and other marine and fishery businesses.
(2) the livelihood of residents as a fisherman attempted through the provision of: a. fishing facilities and infrastructure; and/or b. a sustainable alternative livelihoods.
(3) the livelihood of inhabitants as farmers have to fish through the provision of: a. location and infrastructure for fish farming; and/or b. a sustainable alternative livelihoods.

(4) the livelihood of residents to other fisheries and marine businesses strived through the provision of: a. infrastructure venture marine and fishery; and/or b. a sustainable alternative livelihoods.
(5) the provision of alternative livelihoods as referred to in paragraph (2) letter b, paragraph (3) the letter b, and paragraph (4) letter b should be given training so it has a ready-made expertise.
The fourth part of article 33/Ganti Loss Compensation (1) the holder of the permit the implementation of the reclamation required to provide compensation for communities affected by the reclamation activities.
(2) Compensation is given in the form of: a. damages in the form of cash; and/or b. improvements to the environment.
(3) damages as referred to in paragraph (2) letter a is given to communities that lost: a. land and buildings and not willing to be relocated; and/or b. a livelihood other than as stipulated in article 34 paragraph (1) that is reclaimed.
(4) the improvement of the environment as referred to in paragraph (2) letter b, done to ecosystems of coastal and small islands are broken based on the results of the study environment. (5) the improvement of the environment as referred to in paragraph (4) is done through the rehabilitation of the ecosystem at the site reclamation.

Part five Relocation Settlements Article 34 (1) the holder of the permit the implementation of the mandatory reclamation do relocation settlements for communities affected by the reclamation activities.
(2) relocation of settlements for the community as referred to in subsection (1) is done through the provision of a viable replacement for settlements and equipped with facilities and infrastructure.
(3) the implementation of the relocation as outlined in subsection (2) is conducted with reference to the policy framework of the settlement back, arranged by the Government/local government.
The sixth community empowerment of article 35 (1) the holder of the permit the implementation of the mandatory reclamation do empowerment against surrounding communities affected by reclamation based on the results of the study environment.
(2) Empowerment of people around is done through social and Environmental Responsibility (TJSL) and/or Corporate Social Responsibility [Corporate Social Responsibility (CSR)].
(3) the TJSL and/or CSR as referred to in paragraph (2) is performed through: a. the granting of facilities;

b. mentoring; and/or c. training.
The seventh part of the procedures for the implementation of the sustainability of life and Livelihoods of communities of article 36 (1) the implementation of the sustainability of life and livelihoods of the community is carried out by means of: a. dissemination plan the implementation of the sustainability of life and livelihoods of the community;

b. logging communities affected by reclamation;

c. determination of how to sustain livelihoods;

d. determination of the types of alternative livelihoods;

e. determination of the value of compensation;

f. determination of relocation of settlements; and g. determination of how community empowerment.
(2) the implementation of the activities referred to in subsection (1) is facilitated by the Minister, the Governor, bupati/walikota in accordance with those powers.
(3) the Minister, Governor, bupati/walikota may delegate the powers referred to in subsection (2) to the Director-General, head of the SEGWAY: marine and fisheries.
(4) the implementation of the activities referred to in paragraph (2) was poured in a news event that is signed by the holder of the permit the implementation of the reclamation and community representatives.
CHAPTER VII MONITORING, evaluation, and REPORTING of article 37 (1) Monitoring and evaluation of the implementation of the reclamation activities carried out by the Director-General, the Minister of the organizing Affairs of the Government in the field of the protection and management of the environment, the Governor, and the bupati/walikota in order to figure out the alignment of the implementation of the reclamation activities by planning and Environmental Permits. (2) the results of monitoring and evaluation are used as material improvements in the implementation of the reclamation.
(3) the provisions concerning monitoring and evaluation of the implementation of the reclamation carried out by the Director-General referred to in paragraph (1) are defined more by the decision of the Director General.
Article 38 (1) the Minister, Governor, bupati/walikota complies with its obligation to perform the monitoring and evaluation of the implementation of the related reclamation against the sustainability of life and livelihoods of communities.
(2) Monitoring and evaluation is conducted to monitor the implementation of the public access, livelihood, maintaining compensation, relocation of settlements, and community empowerment.
(3) a period of period of monitoring and evaluation as mentioned in paragraph (2) is conducted each at least 2 times a year until the implementation of the sustainability of life and livelihoods of the communities completed.
(4) in the event that the results of the monitoring and evaluation of the implementation of the reclamation does not comply with the sustainability of life and livelihoods, communities Minister, Governor, bupati/walikota according those powers, asked the holders permission to conduct the reclamation program improvements.
(5) in terms of the implementation of the sustainability of life and livelihoods of communities affected by the reclamation not implemented then the public can file a lawsuit to District Court.
Article 39 (1) the Governor and the bupati/walikota delivered a report on the issuance of Permits and permit the implementation of the Reclamation Site Reclamation to the Minister. (2) the Governor and the bupati/walikota delivered a report on the implementation of the reclamation to the Minister every 6 (six) months.

(3) the report referred to in subsection (2) is used as an analysis of the implementation of the reclamation activities.
(4) based on the results of the analysis referred to in paragraph (3), when there are discrepancies in the implementation of the reclamation, the Minister may give recommendations to the Governor and Regents/mayors to do the review against the permit the implementation of the reclamation.
CHAPTER VIII SUPERVISION article 40 (1) the supervision of reclamation performed against the suitability of reclamation site license and permit implementation of the reclamation with the implementation of the reclamation. (2) the supervision of site license as referred to in paragraph (1), does not include site license source material reclamation.
(3) Supervision as referred to in subsection (1) done by certain officials of the local authorities for the management of coastal areas and small islands in accordance with the nature of his job and given authority of the special police force (Polsus PWP-3-K).
CHAPTER IX MISCELLANEOUS PROVISIONS Article 41 OTHER provisions on reclamation in the coastal areas and small islands referred to this Ministerial Regulation applies mutatis mutandis in towards reclaiming the artificial island.

CHAPTER X the CLOSING PROVISIONS Article 42 this Ministerial Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia.

Established in Jakarta on July 3, 1995 the MINISTER of MARINE and FISHERIES of the REPUBLIC of INDONESIA, SHARIF c. SUTARDJO Enacted in Jakarta on July 5, 2013 February 2013 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();