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Regulation Of The Minister Of Forestry Number P. 25/menhut-Ii/2013 2013

Original Language Title: Peraturan Menteri Kehutanan Nomor P.25/MENHUT-II/2013 Tahun 2013

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STATE NEWS
REPUBLIC OF INDONESIA

No. 699, 2013 MINISTRY OF FORESTRY. Deconcentrate. Forestry. Governor.


REPUBLIC OF INDONESIA FORESTRY MINISTER REGULATION
NUMBER P. 25/Menhut-II/2013
ABOUT
THE DEVOLUTION OF PART OF THE 2013 FORESTRY DEPARTMENT ' S AFFAIRS TO 33 GOVERNORS OF THE PROVINCIAL GOVERNMENT AS VICE-GOVERNMENT

WITH THE GRACE OF THE ALMIGHTY GOD

MINISTER OF FORESTRY REPUBLIC OF INDONESIA,

Weigh: a. That in order to increase the effectiveness of the implementation of government affairs in the field of forestry, there are several government affairs in the field of forestry that are devolve to the Governor as the Vice Government;
B. that as a follow up of Article 16 paragraph (5) of the Government Regulation No. 7 of 2008, the devolution of government affairs from the Government to the Governor as Deputy Government is established with the Regulation of Ministers;
c. that under consideration as intended in letter a and letter b need to specify the Minister of Forestry Regulation on the Abundance of Governing Affairs 2013 To 33 Governors of the Government of the Government of the Government of the Government of the Government of the United States. The Province As A Vice-government;

Given: 1.Act Number 5 Of 1990 On The Conservation Of Natural Resources Hayati And Ecosystem (sheet Of State Of The Republic Of Indonesia 1990 Number 49, Additional Sheet Of State Republic Indonesia Number 3419);
2. Act No. 41 of 1999 on Forestry (sheet state of the Republic of Indonesia of 1999 No. 167, Additional Gazette Republic of Indonesia Number 3888) as amended by Law No. 19 of 2004 on Redemption Rule Number 1 of the Year 2004 Act on Change of Law No. 41 Year 1999 on Forestry Act (Sheet State Republic Of Indonesia 2004 Number 86 Additional Sheet Of State Republic Of republic of Indonesia) Indonesia Number 4412);
3. Act No. 1 Year 2004 on the State Treasury (State Sheet Indonesia 2004 Number 5, Additional Gazette Republic of Indonesia Number 4355);
4. Act Number 15 Year 2004 on Examination of Management And Responsibilities Of State Finance (Sheet State Of The Republic Of Indonesia In 2004 Number 66, Additional Sheet Of State Republic Of Indonesia Number 4400);
5. Law No. 25 Year 2004 on National Development Planning System (2004 Indonesian State Sheet Number 104, Additional Gazette Republic of Indonesia Number 4421);
6. Law No. 32 Year 2004 on Local Government (Indonesian Republic of Indonesia 2004 Number 125, Additional Gazette Republic of Indonesia Number 4437) as amended by Act No. 8 of 2005 concerning the Change Number 3 Year 2005 on Change of Law Number 32 Year 2004 on Local Government Act (Indonesian Republic of the Republic of Indonesia 2005 Number of the Republic of Indonesia) 108, Additional Gazette of the Republic of Indonesia No. 4548);
7. Act No. 33 of 2004 on the Financial Balance between the Central Government and the Local Government (State Gazette Indonesia Year 2004 Number 126, Additional Gazette of the Republic of Indonesia Number 4438);
8. Government Regulation No. 44 Year 2004 on Forestry Planning (Sheet Country Republic Indonesia 2004 Number 146, Additional Sheet Republic Of Indonesia Number 4452);
9. Government Regulation No. 45 of 2004 on the Protection of Forests (Indonesian Republic of Indonesia Year 2004 Number 147, Additional Gazette Republic of Indonesia Number 4453); as amended by Government Regulation Number 60 Years of Indonesia 2009 on Changes to Government Regulation No. 45 of 2004 on Forest Protection (State Sheet of the Republic of Indonesia Year 2009 Number 137);
10. Government Regulation Number 38 Year 2007 on the Partition of Government Affairs between the Government, Provincial Government, and the District/City Government (State Gazette of 2007 No. 82, Additional Gazette of the State of the Republic of Indonesia) Indonesia Number 4737);
11. Government Regulation No. 41 of 2007 on the Organization of Regional Devices (State Sheet of Indonesia Year 2007 Number 89, Additional Gazette Republic of Indonesia Number 4741);
12. Government Regulation No. 7 Year 2008 on Deconcentration and Duty Pembantuan (Gazette of State of the Republic of Indonesia 2008 No. 20, Additional Gazette Republic of Indonesia Number 4816);
13. Decree of the President of the Republic of Indonesia No. 84 /P of the Year 2009 as amended by Presidential Decree Number 59 /P of the Year 2011;
14. Regulation of the President of the Republic of Indonesia No. 47 of 2009 on the Establishment and Organization of the Ministry of State;
15. Ordinance of the Minister of Forestry Number P. 40/Menhut-II/2010 on the Organization and Work Order of the Ministry of Forestry (News of the Republic of Indonesia 2010 Number 405) as amended by the Regulation of the Minister of Forestry Number P. 33/Menhut-II/2012 about the Changes to the Regulation of Minister Number P. 40/Menhut-II/2010 on the Organization and Work Order of the Ministry of Forestry (State News of the Republic of Indonesia 2012 Number 779).

DECIDED:


SET: FORESTRY MINISTER REGULATION ON THE DEVOLUTION OF PART OF GOVERNMENT AFFAIRS (DECONCENTRATION) OF THE FOREST IN 2013 TO 33 PROVINCIAL GOVERNMENT GOVERNORS AS REPRESENTATIVES OF THE GOVERNMENT.

BAB I
UNDERSTANDING

Section 1

In this Regulation, which is referred to:
1. Government (Centre) later called Government, is the President of the Republic of Indonesia which holds the power of government of the Republic of Indonesia as referred to in the Basic Law of the Republic of Indonesia in 1945.
2. Deconcentration is the devolution of the authority of the Government to the Governor as a representative of the Government.
3. The deconcentration fund is a fund derived from the APBN implemented by the Governor as a representative of the Government which includes all the receipts and expenses in order to exercise deconcentration, excluding the funds allocated to the instance Vertical center in the area.
4. Forest is a unit of ecosystem of land expanses of natural natural resources that are dominated by trees in their natural environment, one with which the other cannot be separated.
5. State forests are forests that are on unburdened land rights to the land.
6. The area of forest territory is a series of activities of appointment, boundary arrangement, mapping and setting forest area with the aim of providing legal certainty over the status, the layout, boundary and area of the forest area.
7. Forest region boundary alignment is activities that include border projection, boundary patterning, announcement, inventory and settlement of third party rights, border pairing, measurement and mapping and setting the news of the show's boundaries.
8. The area of forest area is a series of activities in order to establish the function and use of forest areas.
9. Forest management organization, is a forest management area that fits its principal and tail functions, which can be managed efficiently and lestari.
10. Wood forest product utilization permit is an effort permit given to utilize forest products in natural forests in the forest of production through harvesting or logging activities, enrichment, maintenance and marketing.
11. The forest of the people's crops is a forest of plants in the production forests built by groups of communities to increase the potential and quality of the production forests by applying silvicultures in order to ensure the preservation of forest resources.
12. PSDH is the levy imposed on the permit holder as a substitute for the intrinsic value of the forest results levied from the country ' s forests.
13. DR is the funds levied from the permit holders of the use of wood-forest hasilforests in the natural forests of the production forest to regenerate and rehabilitate the forest.
14. The primary industry of wood forest results is round wood processing and/or wood shale raw materials into half-so-goods or goods so.
15. The primary industry of forest yield is not wood is the processing of forest produce instead of wood into half-so-or-goods.
16. Forest and Land Rehabilitation (RHL) is an attempt to restore, maintain and improve forest and land functions so that its support, productivity and its role in supporting the life buffer system remains awake.
17. The penitentiary forest is a State forest whose primary utilization is aimed at empowering the local community.
18. Forest of the Village is a country forest that is managed by the village and is utilized for the welfare of the village as well as unburdened with permission/rights.
19. River Stream (DAS) is a region of land which is a single unit of river and its tributaries, which serve to accommodate, store, and drain water from rainfall into lakes or into the sea naturally, The boundary on the ground is the topographical separator and the boundary in the sea to the area of the water that is still affected by the mainland.
20. The Minister is the minister in charge of the forestry field.

BAB II
INTENT AND PURPOSE

Section 2

(1) The intent of holding a deconcentration is to improve the performance of the governance of the forestry field.
(2) The purpose of staging a deconcentration is to increase the effectiveness of the role and position of the Governor as the representative of the government in carrying out the governance affairs of the forestry field.

BAB III
STAGING DECONCENTRATION

The First Part
The DeConcentration type

Section 3

(1) The Minister delegated a portion of government affairs in the field of forestry to the 33 provincial governors of the province.
(2) The details of the affairs of government in the field of forestry which are devolve to the Governor as referred to in paragraph (1), are as set forth in the appendix of this Minister ' s Regulation.
(3) The government affairs in the field of forestry devolve to the Governor should not be devolve to the regent/mayor nor to the village chief.
(4) The spleen of government affairs in the field of forestry as referred to in paragraph (1), in effect until 31 December 2013.

Second Part
Deconcentration Execution

Section 4

(1) The governor sets out a unit of work of a provincial device that handles the affairs of the government of forestry as the executor of the devolve areas of forestry as it is referred to in Article 3.
(2) After receiving some kind of forestry government affairs as referred to in Article 3, the Governor establishes a financial management device that includes the power of the budget user/goods, the officer of the commitment maker, The official bill of the bill pays, and the treasury is spending.
(3) The governor delivers the results of the establishment of a budget user/goods and financial manager device to the Minister with busan to the Minister of Finance c.q. Director General of the Treasury.
(4) The governor in carrying out a portion of the devolve areas of forestry affairs as referred to in Article 3, it is mandatory to guide the norms, standards, procedures, and criteria set forth by the Minister.
(5) Implementation of government affairs devolve to the Governor as referred to in Article 3, financed by the budget section of the Ministry of Forestry in 2013.
(6) The implementation of the budget by an area device working unit that handles the governance of the forestry field as referred to paragraph (1), guidelines to the applicable laws.
(7) Budget management for the exercise of governance affairs in the field of devolve forestry as referred to Section 3, mandatory orderly, observant in laws, efficient, economical, effective, and applicable. transparent, and is responsible with regard to the sense of justice and propriety.

Third Part
DeConcentrated Reporting

Section 5

(1) Every 3 (three) months, 6 (six) months and at the end of the year the head of the regional device workforce that handles most of the devolve field government matters is required to report the implementation of a portion of government affairs the field of forestry to the Minister with a gust to the Secretary General of the Ministry of Forestry, Inspector General of the Ministry of Forestry, Director General of Planological Forestry, Director General of Forest Protection and Conservation of Nature, Director General Bina management of the River Stream and Social Forestry, Director General Bina Forestry Endeavor, and Head of the Board of Worship and Human Resource Development of Forestry.
(2) Reporting as referred to in paragraph (1) includes the managerial aspects and the accountability aspect.
(3) The managerial aspect consists of the development of the absorption realization of funds, the attainment of the output targets, the constraints faced, and the follow-up advice.
(4) The accountability aspect consists of the budget realization report, the balance sheet, the notes on the financial statements, and the goods report.

BAB IV
COACHING AND SUPERVISION

Section 6

(1) Technical coaching on the implementation of the deconcentration as referred to in Article 3 executed by the Secretary General, Director General of the Forestry Planology, Director General of Forest Protection and Conservation of Nature, Director General Bina management of the River and Social Forestry Area, Director General of Bina Forests and Forestry and Human Resource Development of Forestry.
(2) Coaching as referred to in paragraph (1) includes guideline, facilitation, training, technical guidance, monitoring, and evaluation.
(3) The Norma, standard, procedure, and criteria as referred to in Article 4 of the paragraph (4) are the instrument of coaching to carry out the governance affairs of the field of forestry that is deconcentrated to the Governor.
(4) Functional supervision over the implementation of the deconcentration as referred to in Article 3 and review of the financial statements of the deconcentration funds exercised by the Inspector General of the Ministry of Forestry.
(5) The Minister may withdraw the deconcentrated forestry field governance affairs, if:
a. The Minister changed the policy; and/or
B. The governor carries out deconcentrations as referred to in Article 3 not according to the norms, standards, procedures and criteria established by the Minister.
(6) The rerunning of the affairs of the governing field of forestry as referred to in paragraph (5), is set with the Regulation of the Minister.

BAB V
THE SANCTION

Section 7

(1) The province of the province's device (s) as specified in Section 4 (1) of the recipient of a deconcentration fund which is intentionally or negligently not to present the account of the responsibility of the funds referred to as the Minister is charged. The sanction is either a delay in the thawing and/or termination of the funding
(2) The sanction of the thawing of the thawing as referred to in Article 7 of the paragraph (1) is imposed, if a provincial device working unit does not conduct a reconciliation of financial statements with the local state treasury office. and the accounting unit of the eselon I budget users as per the provisions of the Finance Minister 's Regulation which governs regarding the central government' s financial accounting and reporting system.
(3) The delay of the thawing and/or termination of the funding allocation as referred to in Article 7 of the paragraph (1) is set by the Minister after consulting with the Minister of Finance.
(4) The introduction of the delay of the thawing of the thawing does not free the working unit of the provincial device from the obligation to deliver a deconcentration fund report.
(5) The payment outage in the running year can be done if:
a. The regional hardware unit does not deliver a three-monthly financial report to the Minister in a row 2 (two) times within the year of the budget running; and/or
B. There is an aberration of the results of the results of the Treasury Board of Finance, the Financial and Financial Supervising Board, the Inspectorate General of the Ministry of Forestry, Inspectorate General of the Ministry of the Interior or the Regional Inspectorate.
(6) The Minister assigns the termination decision of the payment as referred to in paragraph (4), after coordinating with the Minister of Finance.

BAB VI
CLOSING PROVISIONS

Section 8

The rules of this Minister begin to apply on the date of promulgations.
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 May 8, 2013
REPUBLIC OF INDONESIA FORESTRY MINISTER,

ZULKIFLI HASAN


It is promulred in Jakarta
on 15 May 2013
MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN

Attachment: bn699-2013