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STATE NEWS
REPUBLIC OF INDONESIA
| No. 862, 2013 | MINISTRY OF MARINE AND FISHERIES. Coastal region. Little Island. Surveillance, surveillance. |
RULE
MINISTER OF MARINE AND FISHERIES REPUBLIC OF INDONESIA
NUMBER 12 /PERMEN-KP/2013
ABOUT
AREA MANAGEMENT OVERSIGHT
COASTAL AND SMALL ISLANDS
WITH THE GRACE OF THE ALMIGHTY GOD
MINISTER OF MARINE AND FISHERIES REPUBLIC OF INDONESIA,
Weigh: a. that to carry out the provisions of Article 36 of the paragraph (4) and Article 39 of Law No. 27 of 2007 on the Management Of Coastal Areas and the Small Islands, it needs to regulate the supervision of the management of coastal areas and small islands;
B. that based on the consideration of the letter a, it is necessary to establish the Minister of the Marine and Fisheries Regulations on the Supervision Of Coastal Areas and Small Islands;
Given: 1. Act No. 2 of 2002 on the State Police of the Republic of Indonesia;
2. Law No. 32 Year 2004 on Regional Governance (Sheet State Republic Indonesia Year 2004 Number 125, Additional Leaf Indonesia Republic Indonesia Number 4437), as amended last by Law Number 12 2008 (sheet State of the Republic of Indonesia 2008 2008 Number 59, Additional Gazette of the Republic of Indonesia);
3. Law No. 27 Year 2007 on Management Of Coastal Regions and Small Islands (sheet Of State Of The Republic Of Indonesia Year 2007 Number 84, Additional Sheet Of State Republic Indonesia Number 4739);
4. Government Regulation No. 62 of 2010 on Utilization Of The Outer Islands (sheet Of State Of The Republic Of Indonesia In 2010 Number 101, Additional Gazette Republic Of Indonesia Number 5151);
5. Government Regulation No. 64 of the Year 2010 on Disaster Mitigation in Coastal Areas and Small Islands (State Sheet of Indonesia Year 2010 Number 109, Additional Gazette Republic of Indonesia Number 5154);
6. 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);
7. Presidential Regulation No. 24 of 2010 on Occupation, Duty, and Functions of the Ministry of State as well as Susunan Organization, Duty, and Functions of the Ministry of State, as amended, lastly with the Presidential Regulation Number 92 of the Year 2011 (State of the Republic of Indonesia in 2011 Number 142);
8. Presidential Regulation Number 121 Year 2012 on Rehabilitation Of Coastal Regions And Small Islands (State Sheet Of The Republic Of Indonesia Year 2012 Number 266);
9. Presidential Regulation Number 122 of 2012 on Reclamation of Coastal Region and Small Islands (State of the Republic of Indonesia 2012 Number 267);
Ten. Presidential Decree No. 84 /P of the Year 2009 as amended, lastly with Presidential Decree Number 61 /P of 2012;
11. Marine Minister and Fisheries Regulation Number PER.16/MEN/2008 on the Planning of Managing Coastal Areas and Small Island-Islands;
Twelve. Marine Minister and Fisheries Regulation Number PER.17/MEN/2008 on the Conservation Area in the Coastal Region and Small Island-Islands;
Thirteen. The rules of Marine and Fisheries Affairs Number PER.20/MEN/2008 on the Expediency of Small Islands and the Waters in the vicinity;
14. The Regulation of the Minister of Maritime Affairs and Fisheries of PER.15/MEN/2010 on the Organization and the Working Governance of the Ministry of Marine and Fisheries;
DECIDED:
establish: Minister of Marine and Fisheries Regulations on the supervision of the management of coastal areas and small islands.
BAB I
UMUM CONDITIONS
Section 1
In this Minister ' s Rule, which is referred to:
1. The management of the coastal region and the smaller islands called PWP3K, is a process of planning, utilization, supervision, and control of coastal resources and small islands between sectors, between the Government and the Government. The area, between land and sea ecosystems, as well as between science and management to improve the welfare of the community.
2. The coastal region is a transitional area between the land and sea ecosystems that are affected by changes on land and sea.
3. The small island is an island with an area smaller or equal to 2,000 km2 (two thousand square kilometers) and an ecosystem.
4. Ecosystem is a unity of plant-growth communities, animals, organisms and non-organisms and processes connecting it in shaping balance, stability, and productivity.
5. Non-yustisiile review is the first act taken nonyusticiil against any disorder that occurs in the enforcement process, further submitted/resolved by each of the law enforcement elements authorized in accordance with the Each of them.
6. Patrol is a form of activity moving from a place to a particular place to prevent and ward off the occurrence of a violation of laws in the field of PWP3K.
7. Report/Replacement is a notification delivered by a person to the Polsus PWP3K about having or is being or suspected of the destruction of the PWP3K field.
8. The pollution is the entry or inclusion of living things, substances, energy, and/or other components into coastal environments and small islands due to the presence of people's activities so that coastal quality and small islands descend to the level. It is certain that the coastal environment and the small islands cannot function according to its tail.
9. Perusakan is the act of people who pose a direct or indirect change to the physical, chemical and/or biodiversity properties of coastal areas and small islands that meet the damage criteria in coastal areas and small islands.
Ten. The Great Impact is a negative change of environmental function on a wide scale and old intensity resulting from an effort and/or activity in coastal areas and small islands.
11. Zoning is a form of engineering engineering of space utilization through the designation of functional boundaries according to the potential resources and power of support as well as the ecological processes that take place as a single unit within the coastal ecosystem.
Twelve. Rehabilitation is the process of recovery and repair of the ecosystem conditions or populations that have been damaged, although the results can be different from the original conditions.
Thirteen. Reclamation is the activities performed by people in order to increase the benefits of land resources being reviewed from the environmental and social corners of the economy by means of decoding, land drying, or drainage.
14. A conservation area is a part of the coastal region and small islands that have a particular feature as a unit of protected ecosystem, conserved and/or utilized continuously to realize PWP3K continuously.
15. Disaster mitigation is an attempt to reduce disaster risk, either structurally or physically through natural physical development and/or artificial or nonphysical or nonphysical through an increased capability facing disaster threat in coastal areas and beyond the risk of disaster recovery. Small islands.
16.Ministry is the Ministry of Marine and Fisheries of the Republic of Indonesia.
17.Minister is the Minister of Oceans and Fisheries.
18.Director General is Director General Oversight of Marine Resources and Fisheries.
19.The Regional Government is the provincial and/or county/or district/city government.
Article 2
The scope of the Minister ' s Regulation includes:
a. PWP3K supervisor;
B. The authority and task of Polsus PWP3K;
c. implementation of PWP3K supervision;
D. coaching; and
e. clothing and attributes.
BAB II
MONITOR PWP3K
Section 3
(1) In order to guarantee the establishment of a unified and continuous PWP3K, it is conducted surveillance by certain civil servants officials who are authorized in accordance with the nature of its workers.
(2) Certain civil servant officials as referred to in paragraph (1) are granted special police authority that is subsequently called the Polsus PWP3K.
Section 4
(1) Polsus PWP3K as referred to in Article 3 of the paragraph (2) is lifted and dismissed by the Minister.
(2) The Minister in its implementation is delegating the appointment and dismissal of Polsus PWP3K to the Director General.
Section 5
(1) The requirement to be appointed as Polsus PWP3K as referred to in Section 4 of the paragraph (1) includes:
a. Civil servants who are monitoring the supervision of PWP3K in accordance with the nature of their work, with the lowest rank of the II/b Class I Level with the lowest education level of the SLTA; and
B. has been following the special policing training as evidenced by the graduation certificate.
(2) Civil Servants as referred to in paragraph (2) the letter a may be derived from the civil servant of the Ministry or the Local Government.
(3) Special policing training as referred to in paragraph (2) letter b is organized by the State Police of the Republic of Indonesia.
Section 6
The dismissal of Polsus PWP3K as referred to in Article 4, if concerned:
a. excused from PWP3K supervision field;
B. withdrew as Polsus PWP3K;
c. Polsus member sign card revoked;
D. task of learning more than 6 months;
e. leave off the State dependents;
f. Fixed impediation;
G. are undergoing a legal process;
h. undergo severe level of disciplinary punishment; and/or
i. dismissed as a civil servant.
Section 7
Appointment and Stopping Polsus PWP3K from Civil Servlet of the Local Government as referred to in Article 5 of the paragraph (2) and Article 6 is proposed by the governor or regent/mayor in accordance with its authority.
BAB III
AUTHORITY, TASK, AND LEGAL REGION
Section 8
(1) Polsus PWP3K authorized:
a. conduct patrols/desecration in coastal areas and small islands or its legal regions; as well as
B. receive reports/complaints concerning the destruction of coastal ecosystems, conservation areas, general utilization areas, and certain national strategic areas.
(2) In addition to the authority as referred to in paragraph (1), the Polsus PWP3K has other polyitional tasks.
Section 9
(1) Patrol/desecration as referred to in Section 8 of the paragraph (1) letter a, consists of:
a. routine patch/routine; and
B. Special care-patrol.
(2) Patrol/routine desecration as referred to in paragraph (1) letter a is an inspection of the patrol which is an inspection and is organized to monitor the state of the area or some place that is estimated to be estimated to be expected. disruption to order in PWP3K.
(3) Patrol/special desecration as referred to in paragraph (1) letter b is a specially ordered patrol assignment that is repressive non-yustisiil or oppressor in the field as per the demands or needs of which It is in the enforcement efforts of the laws of the PWP3K.
(4) If in patrol/desecration as referred to in paragraph (1) the alleged destruction/infringement, may be done:
a. examination of the suitability of zoning plan documents with the utilization of coastal areas and small islands;
B. sample/sample retrieval from a place of activity, if required;
c. request information and/or the description of the various related parties;
D. Preventive measures against the possibility of a violation of laws in the field of PWP3K.
Article 10
(1) Polsus PWP3K performs patrol/desecration by way:
a. walks of foot;
B. using ground transport mode;
c. use the laut/perairan; and/or
transport mode
D. Use other modes of transportation.
Section 11
(1) Polsus PWP3K conducts patrols/desecration based on the duties of the board of the Polsus PWP3K, and delivers a report of the results of the task execution to the taskmaster.
(2) The form and format of the letter of duty and the report of the execution of the patrol/desecration as referred to in paragraph (1) are listed in Annex I and Annex II which is an inseparable part of the Regulation of this Minister
Article 12
Polsus PWP3K in performing patrol/Perondaan equipped with:
a. uniform clothes and attributes;
B. member sign card;
c. The security equipment of the cawing, handcuffs, or other; and
D. Firearms and/or sharp weapons.
Section 13
(1) Polsus PWP3K receives report/complaint as referred to in Section 8 of paragraph (1) letter b comes from the public both orally and in writing.
(2) In terms of the location of the destruction/difficult violation of the transport service, the oral report/complaint (s) as referred to in verse (1) may be delivered by telephone or other modes of communication.
(3) The report/complaint in writing as referred to in paragraph (1) is delivered through:
a. letter;
B. electronic mail;
C. facsimile; and/or
D. Short message service.
Section 14
Polsus PWP3K follow up report/complaint with stage:
a. acceptance;
B. repressor;
c. field check.
Section 15
(1) The acceptance of the report/complaint as referred to in Article 14 of the letter a, performed by Polsus PWP3K which is poured in the report/complaint receipt.
(2) The acceptance of the report/complaint as referred to in paragraph (1) contains information about:
a. the least number of user/snitch identity containing name, address, and phone number to be reached;
B. identity of the report/complaint recipient;
c. The location of the destruction/violation of the PWP3K field;
D. the time of the destruction/violation of the PWP3K field; and
e. The reported thing.
(3) The form and format of the report/complaint acceptance sheet as referred to in paragraph (1) are listed in Annex III which is an inseparable part of the Regulation of this Minister.
Article 16
(1) As proof of the acceptance of the report/complaint as referred to in Article 15 of the paragraph (1), the Polsus PWP3K gives the receipt to the por/snitch.
(2) The receipt of the report/complaint as referred to in paragraph (1) contains:
a. identity of the por/complaint;
B. identity of the report/complaint recipient;
c. registration number of the report/complaint; and
D. It's a reported thing.
(3) The form and format of the receipt of the report/complaint as referred to in paragraph (1) are listed in Annex IV which is an inseparable part of the Regulation of this Minister.
Article 17
(1) The complaint of the report/complaint as referred to in Section 14 of the letter b is performed against any report/complaint associated with PWP3K.
(2) The results of the exoperation as referred to in paragraph (1) are delivered to the PWP3K polsus superior, the recommendation:
a. follow-up on field checks; or
B. Rejection.
(3) If the recommendation of the course of a field inspection as referred to in paragraph (2) the letter a, the supervisor of the Polsus PWP3K publishes a duty letter to conduct a field inspection.
(4) If the recommendation of a rejection is referred to in paragraph (2) the letter b, the supervisor of the Polsus PWP3K publishes a letter of rejection of the report/complaint to be delivered to the snitch and reason.
(5) The form and format of the letter of duty and rejection letters as referred to in verse (3) and verse (4) are listed in Annex I and Annex V which are an inseparable part of this Minister's Regulation.
Section 18
(1) Field inspection as referred to in Article 14 of the c is done by addressing the location of the destruction/violation to check the information correctness, in a way:
a. request information and/or the description of various related parties;
B. taking samples and/or examples, if required; and
c. do documentation.
(2) Field inspection as referred to in paragraph (1) is poured in the news of the field examination event.
(3) The results of field checks as referred to in paragraph (1) are grouped to:
a. expected destruction/violation in the field of PWP3K;
B. No company has been found in the community.
(4) The results of the field examination as referred to in paragraph (3) are reported to the supervisor of the Polsus PWP3K accompanied by the news of the field examination event as referred to in verse (2).
(5) The form and format of field examination events and field examination results as referred to in paragraph (4) are listed in Annex VI and Annex VII which is an inseparable part of Regulation This minister.
Article 19
(1) Based on the field of field results report the alleged destruction in the field of PWP3K as referred to in Section 18 of the paragraph (3) letter a, the supervisor of the PWP3K Polsus is in its continued continuation with:
a. Submit a recommendation to the authoring that there is a suspected destruction/violation in the field of PWP3K;
B. Submit a report to the authorities in the event of an indication of a criminal conduct in the field of PWP3K; and/or
c. notifying to the snitch/snitch.
(2) Based on the report of the field examination results in the absence of destruction in the field of PWP3K as referred to in Section 18 of the letter b, the supervisor of the Polsus PWP3K continues to follow it by notifying to the complainants/complainants that no destruction is found in the field of PWP3K.
Article 20
(1) Polsus PWP3K has other polyitional tasks as referred to in Section 8 of the paragraph (2) includes:
a. as a Polri partner in performing the enforcement duties of laws, which are pre-emptive, preventative, and repressive non-yustici; and
B. Capture, capture, investigate, and make reports of events for any activities that are held in accordance with the provisions of the laws.
(2) the pre-emptive law enforcement task referred to in paragraph (1) letter b, includes:
a. Socialization and counseling; and
B. Correctional training activities.
(3) preventative law enforcement duties as referred to in paragraph (1) letter b, including:
a. utilization of utilization in coastal areas and small islands;
B. identify the extent of captivity, disruption, and threats to the damage to coastal areas and small islands; and
C. Other activities that can limit opportunities, opportunities, and possible destruction of coastal resources and small islands.
(4) repressive laws enforcement duties as referred to in paragraph (1) letter b, include:
a. countermeasures of disruption and threats to the destruction of coastal areas and small islands:
B. carrying out the handling of evidence of criminal acts in PWP3K field; and
c. assist in the investigation of the criminal proceedings in the field of PWP3K based on the investigator's orders.
Section 21
The Polsus PWP3K legal area, covering:
a. Coastal areas and small islands throughout the State of the Republic of Indonesia for Polsus PWP3K are from civil servants officials at the Ministry level, which is implemented through the ministry ' s technical executor units in accordance with its workspace.
B. coastal areas and small islands in the provincial jurisdiction for the Polsus PWP3K which are derived from civil servants in provincial local governments;
c. coastal regions and small islands in the county/city authority area for the Polsus PWP3K which is derived from civil servants in the municipal/municipal government.
BAB IV
IMPLEMENTATION OF COASTAL AREA MANAGEMENT SUPERVISION AND SMALL ISLANDS
Section 22
(1) PWP3K supervision includes planning and execution of PWP3K.
(2) The supervision of the planning and execution of PWP3K as referred to in paragraph (1) is carried out coordinated with the corresponding instance according to its authority.
(3) The supervision coordinated with the associated agencies as referred to in paragraph (2) is done in terms of:
a. collection and acquisition of management plan documents;
B. exchange of data and information;
c. follow-up report/complaint;
D. sample check;
e. Other activities to support the surveillance of coastal areas and small islands.
Section 23
The implementation of the PWP3K supervision refers to the document of coastal area zoning plans and small islands that have been established with regional regulations.
Section 24
(1) Polsus PWP3K is conducting surveillance on the utilization of coastal areas and small islands carried out in:
a. generic utilization area;
B. conservation area;
C. Certain National Strategic Areas; and
D. The ocean.
(2) Supervision in coastal areas and small islands should pay attention to local kearifan and indigenous peoples.
Section 25
The general utilization area as referred to in Article 24 of the paragraph (1) of the letter a covering the zone:
a. tourism;
B. settlement;
C. port;
D. agriculture;
e. forest;
f. mining;
G. fishing fisheries;
h. catch fisheries;
i. industry;
J. public infrastructure; and
No, The utilization zone is limited in accordance with its environmental biogeophysicist characteristics.
Section 26
(1) The Conservation Area as referred to in Article 24 of paragraph (1) letter b includes:
a. Water conservation;
B. coastal conservation and small islands;
c. maritime conservation; and/or
D. Border crossing.
(2) The conservation area as referred to in paragraph (1) of the letter a, consists of zone:
a. core;
B. sustainable fisheries;
C. utilization; and
D. Otherwise.
(3) The conservation area as referred to in paragraph (1) letter b and letter c, consists of zone:
a. core;
B. limited utilization; and
c. others correspond to regional disservice.
Section 27
A specific national strategic region as referred to in Article 24 of the paragraph (1) the letter c includes the zone:
a. security defense;
B. world heritage site;
C. border; and
D. Outer small islands.
Section 28
The flow of the sea as referred to in Article 24 of the paragraph (1) of the letter d includes:
a. shipping flow;
B. common means of means;
c. fish migration flow; and
D. pipes and undersea cables.
Article 29
Polsus PWP3K in addition to conducting surveillance on the utilization of coastal areas and small islands as referred to in Article 24 also conducts oversight of activities:
a. rehabilitation;
B. reclaimed; and
c. mitigation of disaster.
BAB V
COACHING
Section 30
Coaching to Polsus PWP3K includes:
a. administration coaching; and
B. Technical coaching.
Section 31
Administrative Coaching as referred to in Article 30 of the letter a, performed by:
a. The Director General for the Polsus PWP3K Ministry;
B. the governor or the regent/mayor for the Polsus PWP3K in the Regional Government environment.
Section 32
Technical Supervision of the utilization of coastal areas and small islands as referred to in Article 30 of the letter b is performed by:
a. The Director General for the technical oversight of PWP3K; and
b. Head of State Police of the Republic of Indonesia for the technical special police force.
BAB VI
CLOTHING AND ATTRIBUTES
Section 33
(1) In any carrying out Polsus PWP3K duties are equipped and mandatory using:
a. service attire; and
B. Attributes.
(2) Further arrangements regarding service attire and attributes are set up with its own Ministerial Regulation.
BAB VII
CLOSING
Section 34
The Regulation of the Minister is beginning to apply at the designated date.
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 June 21, 2013
MINISTER OF MARINE AND FISHERIES
REPUBLIC OF INDONESIA,
SHARIF C. SUTARDJO
It is promulred in Jakarta
on 24 June 2013
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
AMIR SYAMSUDIN
Attachment:
bn862-2013
