Regulation Of The Minister Of Marine And Fisheries No. 12/candy-Kp/2013 2013

Original Language Title: Peraturan Menteri Kelautan dan Perikanan Nomor 12/PERMEN-KP/2013 Tahun 2013

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.5BN 862-2013 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 862, 2013 the MINISTRY of MARINE and fisheries. The Coastal Area. Small Islands. Employee administration. Supervision.

REGULATION of the MINISTER of MARINE and FISHERIES of the REPUBLIC of INDONESIA number 12/candy-KP/2013 ABOUT OVERSIGHT of the MANAGEMENT of the COASTAL AREAS and small islands with the GRACE of GOD ALMIGHTY the MINISTER of MARINE and FISHERIES of the REPUBLIC of INDONESIA, Considering: a. that to implement the provisions of article 36 paragraph (4) and article 39 of the Act Number 27 in 2007 about the management of the coastal areas and small islands, the need to regulate the supervision management of the coastal areas and small islands;
b. that based on considerations as referred to in letter a, the need to set a regulation of the Minister of marine and fisheries on the supervision of the management of the coastal areas and small islands;
Remember: 1. Act No. 2 of 2002 on State police of the Republic of Indonesia;
2. 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);
3. 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);
4. Government Regulation Number 62 in 2010 about the utilization of Small Outlying Islands (Gazette Republic of Indonesia year 2010 Number 101, an additional Sheet of the Republic of Indonesia Number 5151);
5. Government Regulation Number 64 in 2010 about disaster mitigation in Coastal Regions and small islands (Gazette Republic of Indonesia Number 109 in 2010, an additional Sheet of the Republic of Indonesia Number 5154);
6. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries, as amended, the last presidential regulation Number 91 in 2011 (State Gazette of the Republic of Indonesia Number 141 in 2011);
7. Presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries as well as the Organization, duties, and functions of the Echelon I Ministries, as amended, the last presidential regulation Number 92 in 2011 (State Gazette of the Republic of Indonesia in 2011 Number 142);
8. Presidential regulation Number 121 in 2012 about the Rehabilitation of the coastal Regions and small islands (Gazette Republic of Indonesia in 2012 the number 266);
9. Presidential regulation Number 122 in 2012 about Reclaiming the coastal areas and small islands (Gazette Republic of Indonesia year 2012 Number 267);
10. Presidential Decree Number 83/P in 2009 as amended last by Presidential Decree Number 62/P in 2012;
11. 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;
12. Regulation of the Minister of marine and fisheries the number PER 17/DOWNLOAD/2008 about the conservation areas in Coastal Regions and small islands;
13. the regulation of the Minister of marine and fisheries the number PER 20/DOWNLOAD/2008 about the utilization of small islands and the surrounding Waters;
14. 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 on the SUPERVISION of the MANAGEMENT of the COASTAL AREAS and small islands.
CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the Minister, is: 1. Management of Coastal Regions and small islands which are hereinafter referred to as PWP3K, is a process planning, utilisation, supervision, and control of the resources of coastal and small islands between sectors, between Government and local governments, between land and sea ecosystems, as well as between science and management to improve the welfare of society. 2. The coastal area is a transition area between land and sea ecosystems are affected by changes in the land and sea.
3. The 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.
4. Ecosystem is the unity of the community of plants, animals, and other organisms organisms and processes that link it in the form of balance, stability, and productivity.
5. Penindakan non-yustisiil is the first action taken in nonyustisiil against any disturbances that occur in the process of enforcement, hereafter submitted/completed by each element of the law enforcement authorities in accordance with their fields, respectively.
6. The patrol is a form of activity is moving from one place to a certain place in order to prevent and counteract violations of legislation in the field of PWP3K.
7. The report/Complaint notification is delivered by a to Polsus PWP3K about has been or is being or is suspected to be the occurrence of tampering/violations in the field of PWP3K.
8. Pollution is the inclusion or inclusion of any living being, substances, energy, and/or other components into the environment of coastal and small islands due to the activities of the people so that the quality of coastal and small islands down to the level of a particular cause of environmental coastal and small islands may not work in accordance with the allocation.
9. Destruction is the Act of a person who raises a change directly or indirectly against the nature of the physical, chemical and/or biological region coastal and small islands that meet the criteria of damage in the coastal areas and small islands.
10. Major impact is the occurrence of negative changes of environment function in a broad scale and intensity that is caused by a business and/or activities in the coastal areas and small islands.
11. the Zoning is a form of engineering use of space through the functional limits of the assignment in accordance with the potential power resources and support as well as ecological processes that take place as a single entity in the coastal ecosystem.
12. Rehabilitation is the process of recovery and repair the condition of ecosystems or populations that have been damaged although the results can differ from the original condition.
13. The reclamation is an activity performed by the person in order to increase the benefits of land resources reviewed from an economic and social environment by means of pengurugan, draining the land, or drainage.
14. Conservation area is part of the coastal regions and small islands which have certain characteristics as a whole ecosystem is protected, preserved and/or utilized on an ongoing basis to achieve sustainable PWP3K.
15. Disaster mitigation is the effort to reduce the risk of disaster, either in the physical structure or physical development through natural and/or artificial or nonstruktur or nonphysical through improvements in the capabilities of the disaster facing threats in coastal regions and small islands. 16. The Ministry is the Ministry of marine and Fisheries of the Republic of Indonesia.

17. the Minister is the Minister of marine and fisheries.

18. the Director-General is the Director General of Marine Resources and fisheries.

19. Local Government is local government provincial and/or district/city.
Article 2 scope this regulation of the Minister include: a. Trustees PWP3K;

b. the authority and duties of Polsus PWP3K;

c. supervisory PWP3K;

d. construction; and e. the clothes and attributes.

CHAPTER II SUPERVISOR PWP3K of article 3 (1) to ensure this integrated and sustainable PWP3K, supervision by certain civil servant officials who are authorized in accordance with the nature of the pekerjaaannya.
(2) the particular civil servant Officials as referred to in paragraph (1) was given a special police authority hereinafter referred to as Polsus PWP3K.
Article 4 (1) Polsus PWP3K as referred to in article 3 paragraph (2) are appointed and dismissed by the Minister.
(2) the Minister is in practice delegated appointment and dismissal of Polsus PWP3K to the Director General.
Article 5 (1) the requirements for appointment as Polsus PWP3K as referred to in article 4 paragraph (1) includes the following: a. the civil servant wing PWP3K supervision in accordance with the nature of work, with the rank of most low Young Manager level I The Space II/b with the lowest education level ADMIN; and b.  special police training has been evidenced by the certificate of graduation.
(2) the civil servant referred to in paragraph (2) letter a can be derived from a civil servant at the Ministry or local governments.
(3) Special Police Training as referred to in paragraph (2) letter b organized by the State police of the Republic of Indonesia.
Article 6 Termination Polsus PWP3K as referred to in article 4, if the concerned: a. dialihtugaskan from the PWP3K control;

b. resigned as Polsus PWP3K;

c. Polsus members sign cards revoked;

d. the task of learning more than 6 months;

e. leave outside the country dependent;

f. unable to remain;

g. is undergoing legal process;

h. disciplinary punishment severe levels; and/or i.  dismissed as a civil servant.

Article 7 the appointment and dismissal of Polsus PWP3K which derives from civil servants in local government as stipulated in article 5 paragraph (2) and article 6 proposed by the Governor or appropriate its bupati/walikota.

CHAPTER III the AUTHORITY, duties and JURISDICTION, article 8 (1) Polsus PWP3K authorities: a. hold a patrol in coastal patrolling/and small islands or law; as well as the

b. receiving reports/complaints that concern the destruction of coastal ecosystems, conservation areas, the public, and the utilization of national strategic areas. (2) in addition to the authorities referred to in paragraph (1), Polsus PWP3K other polisional have a job.

Article 9 (1) Patrol/patrolling as stipulated in article 8 paragraph (1) letter a, consisting of: a. the patrol/routine patrolling; and b. the patrol/special patrolling.
(2) the patrol/routine patrolling as referred to in paragraph (1) letter a is assigned the patrol which is inspection and organized to monitor the State of the region or some place that according to estimates will be the incidence of disruption of public order in PWP3K.
(3) the patrol/special patrolling as referred to in paragraph (1) letter b is assigned a patrol specially ordered which is a non-repressive yustisiil or penindakan in the appropriate field of the demands or needs that exist in an effort orderly enforcement of legislation in the field of PWP3K.
(4) When in patrol/patrolling as referred to in paragraph (1) ought to be presumed the existence of tampering/violations, can be carried out: a. the examination for compliance with the zoning plan document utilization of coastal regions and small islands;

b. sampling/sample from a place of activity, where necessary;

c. request information and/or information from various related parties;

d. precautions against the possibility of violations of legislation in the field of PWP3K.
Article 10 (1) Polsus PWP3K patrol/patrolling by way of: a. walk;

b. use land transportation modes;

c. use the sea/waterways transportation modes; and/or d. use other transportation modes.
Article 11 (1) Polsus PWP3K patrol/patrolling based on a letter of assignment from the superior Polsus PWP3K, and report the results of the implementation of a task to the tasks of the giver.
(2) the form and format of the letter assignment and report the results of the implementation of patrol/patrolling as referred to in paragraph (1) are listed in Appendix I and Appendix II which is part an integral part of this Ministerial Regulation article 12 Polsus PWP3K in conducting patrols/patrolling is equipped with: a. clothing uniforms and attributes;

b. members sign cards;

c. the form of safeguards equipment batons, handcuffs, or other; and d. firearms and/or weapons sharply.

Article 13 (1) Polsus PWP3K received a report/complaint as referred to in article 8 paragraph (1) letter b derives from the community whether oral or written.
(2) in terms of the location of the destruction/offence transportation service hard to reach, the report/complaint orally as intended in paragraph (1) may be submitted by telephone or other communication modes.
(3) a report/complaint in writing referred to in subsection (1) is delivered through: a. Letter;

b. electronic mail;

c. facsimile; and/or d. short message service.
Article 14 Polsus PWP3K follow up report/complaint with the stages: a. acceptance;

b. review;

c. examination of the field.

Article 15 (1) receipt of report/complaint as stipulated in article 2 letter a, performed by Polsus PWP3K who poured in pieces of the receipt of the report/complaint.
(2) acceptance of report/complaint referred to in subsection (1) include information about: a. the identity of the complainant/plaintiff's least contain information name, address, and phone number you can be reached;

b. the identity of the recipient of the report/complaint;

c. location of the occurrence of tampering/violations of the field PWP3K;

d. the time the occurrence of tampering/violations of the field PWP3K; and e. the things reported.
(3) the form and format of report/complaint acceptance sheet referred to in subsection (1) are listed in Annex III which is an integral part of part of the regulation of the Minister.
Article 16 (1) as evidence report/complaint as stipulated in article 15 paragraph (1), Polsus PWP3K give a receipt to the complainant/plaintiff.
(2) a receipt report/complaint referred to in subsection (1) contains: a. the identity of the complainant/plaintiff;

b. the identity of the recipient of the report/complaint;

c. registration number reports/complaints; and d. the reported case/defendants.
(3) the form and format of the receipt of the report/complaint referred to in subsection (1) are listed in Annex IV that is part an integral part of the regulation of the Minister.
Article 17 (1) Review a report/complaint as stipulated in article 2 letter b made against any reports/complaints associated with PWP3K.
(2) the results of the review referred to in subsection (1) is submitted to the supervisor polsus PWP3K, in the form of recommendations: a. follow-up examination field; or b. the rejection.
(3) if the recommendations in the form of follow-up field inspection as referred to in paragraph (2) letter a, tops Polsus PWP3K published a letter job to do the inspection field.
(4) if the recommendations in the form of refusal referred to in paragraph (2) letter b, tops Polsus PWP3K published a letter of rejection over a report/complaint to be submitted to the complainant/plaintiff accompanied by reasons.
(5) the form and format of letter of assignment and a letter of refusal referred to in subsection (3) and (4) listed in Annex I and Annex V which are part of which is inseparable from the regulation of the Minister.
Article 18 (1) examination of the field as stipulated in article 2 letter c is done with the mendatangani the location of the occurrence of tampering/violations to check the truth of the information, by means of: a. request information and/or information from various related parties;

b. take samples and/or examples, where necessary; and c. perform documentation. (2) examination of the field referred to in paragraph (1) applied in the news of the proceedings.
(3) results of field inspection as referred to in paragraph (1) are grouped into: a. the existence of the alleged tampering/violations in the field of PWP3K;

b. not found the presence of tampering/violations in the field of PWP3K.
(4) the results of the examination field referred to in paragraph (3) reported to the supervisor Polsus PWP3K accompanied by a news event field inspection as referred to in paragraph (2).
(5) the form and format of field inspection event news and reports of field inspection results referred to in paragraph (4) are listed in Annex VI and annex VII, which is the part that is an integral part of this regulation of the Minister.
Article 19 (1) based on the reports of the results of the pemerikaan field in the form of the alleged presence of tampering/violations in the area of PWP3K referred to in Article 18 paragraph (2) letter a, tops Polsus PWP3K follow up with: a. deliver recommendations to the giver of the consent that the existence of the alleged tampering/violations in the field of PWP3K;
b. convey the report to law enforcement authorities in terms of indication criminal acts in the field of PWP3K; and/or c.  notifying the complainant/plaintiff.
(2) based on the reports of the results of the pemerikaan field in the form is not found the presence of tampering/violations in the area of PWP3K referred to in Article 18 paragraph (1) letter b, Polsus PWP3K follow up with boss told reporters that the complainant was not found/destruction/violations in the field of PWP3K.
Article 20 (1) Polsus PWP3K other polisional has a duty referred to in article 8 paragraph (2) includes the following: a. the police as partners in carrying out the task of enforcement of laws and regulations, which are pre emptif, preventive, repressive and non-yustisiil; and b. Ward, capture, investigate, and report the incident to any activities be handled in accordance with the legislation.
(2) the task of enforcement of legislation that is pre emptif as referred to in paragraph (1) letter b, comprising: a. dissemination and outreach; and b. the coaching activities.
(3) the task of enforcement of legislation that preventive as referred to in paragraph (1) letter b, comprising: a. care utilization in coastal regions and small islands;
b. identify the level of insecurity, harassment, and threats to damage coastal areas and small islands; and c.  other activities that can limit the chance, the opportunity, and the possibility of the destruction of coastal resources and small islands.
(4) the task of enforcement is repressive legislation as referred to in paragraph (1) letter b, comprising: a. tackling nuisance and threat to damage to the coastal areas and small islands: b. carry out handling of evidence criminal acts in the field of PWP3K; and c. assist the process of investigation of criminal acts in the field of PWP3K based on the commandments of investigators.
Article 21 jurisdiction Polsus PWP3K, include: a. the coastal regions and small islands in the entire territory of the Republic of Indonesia to the United State Polsus PWP3K that came from officials of the civil servant at the Ministry level, implemented through implementing technical units of the Ministry in accordance with the territory it works each;
b. the coastal areas and small islands in the region of the authority the province for Polsus PWP3K which derives from civil servants in the local Government of the province;
c. coastal areas and small islands in the region of the authority of the district/city for Polsus PWP3K which derives from civil servants in the local government district/city.
CHAPTER IV IMPLEMENTATION of the SUPERVISION of the MANAGEMENT of the COASTAL AREAS and small islands of section 22 (1) the supervision of PWP3K include the planning and execution of PWP3K.
(2) supervision of the planning and execution against PWP3K as referred to in subsection (1) is carried out coordinated with relevant agencies in accordance with those powers.
(3) surveillance coordinated with relevant agencies as referred to in paragraph (2) was done in terms of:


a. collection and acquisition management plan document;

b. the exchange of data and information;

c. follow-up to the report/complaint;

d. examination of the samples;

e. other activities to support the implementation of surveillance of the coastal areas and small islands.
Article 23 Implementation supervision PWP3K document zoning plan refers to the coastal areas and small islands that have been set by local regulations.

Article 24 (1) Polsus PWP3K conduct surveillance against the utilization of the coastal areas and small islands which are carried out in: a. the area of the utilization of the public;

b. conservation areas;

c. national strategic areas; and d. the flow of the sea. (2) Supervision in the coastal areas and small islands should pay attention to local wisdom and indigenous peoples.

Article 25 General utilization of Areas as referred to in article 24 paragraph (1) letter a covering zone: a. tourism;

b. the settlement;

c. port;

d. Agriculture;

e. forest;

f. mining;

g. aquaculture;

h. fisheries catch;

i. industry;

j. public infrastructure; and k. limited utilization zones in accordance with the characteristics of the biogeofisik environment.

Article 26 (1) conservation area as referred to in article 24 paragraph (1) letter b include: a. conservation of waters;

b. conservation of coastal and small islands;

c. maritime conservation; and/or d. borders the beach.
(2) conservation area as referred to in paragraph (1) letter a, consisting of: a. the core zone;

b. sustainable fisheries;

c. utilization; and d. other.
(3) conservation area as referred to in paragraph (1) letter b and c letters, consisting of: a. the core zone;

b. utilization of limited; and c. the other in accordance with the provisions of the area.
Article 27 national strategic areas of particular as stipulated in article 24 paragraph (2) Letter c covers: a. the zone Defense Security;

b. World Heritage sites;

c. border; and d. the small outlying islands.

Article 28 the flow of the sea as stipulated in article 24 paragraph (1) letter d include: a. the Groove cruise;

b. flow of public facilities;

c. fish migration flow; and d. the pipes and cables under the sea.

Article 29 Polsus PWP3K in addition to conducting oversight towards the utilization of the coastal areas and small islands as referred to in article 24 also conduct surveillance against: a. rehabilitation;

b. the reclamation; and c. disaster mitigation.

Chapter V article 30 COACHING Coaching to Polsus PWP3K include: a. the construction administration; and b. the technical coaching.

Article 31 the construction of Administration referred to in article 30 of the letter a, performed by: a. the Director General for the Ministry of PWP3K Polsus;

b. the Governor or Regent/Mayor for Polsus PWP3K in the environment of local government.

Article 32 the technical supervision of the construction of the utilization of the coastal areas and small islands as referred to in article 30 of the letter b was conducted by: a. the Director-General for technical supervision of the PWP3K; and b. the head of State police of the Republic of Indonesia to the technical police special.

CHAPTER VI Article 33 and ATTRIBUTES of CLOTHING (1) in every task Polsus PWP3K come and use: a. clothing service; and b. attribute. (2) further Arrangements regarding the clothing Department and attribute is set by regulation of the Minister.

CHAPTER VII COVER Article 34 this Ministerial Regulation comes into force on the date specified.

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 June 21, 1995 the MINISTER of MARINE and FISHERIES of the REPUBLIC of INDONESIA, SHARIF c. SUTARDJO Enacted in Jakarta on 24 June 2013 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN Attachment: bn862-2013 fnFooter ();

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