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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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51c85166a0a500313233383036.html

BN 699-2013 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 699, 2013 the MINISTRY of FORESTRY. Dekonsentrasi. Forestry. The Governor.

REGULATION of the INDONESIAN MINISTRY of FORESTRY NUMBER P. 25/Menhut-II/2013 ABOUT PELIMPAHAN MOST GOVERNMENT AFFAIRS (DEKONSENTRASI) FORESTRY 2013 to 33 PROVINCIAL GOVERNORS AS the REPRESENTATIVES OF GOVERNMENTS with the GRACE of GOD ALMIGHTY the MINISTER of FORESTRY of the REPUBLIC of INDONESIA, Considering: a. that in order to improve the effectiveness of implementation of Government Affairs in the field of forestry, there are several Government forestry affairs assigned to the Governor as the representative of the Government;
b. that as a follow-up article 16 paragraph (5) the Government Regulation number 7 in 2008, the pelimpahan Government Affairs from the Government to the Governor as the representative of the Government established by regulation of the Minister;
c. that based on considerations as referred to in letter a and letter b needs to set a regulation of the Minister of Forestry of Pelimpahan Most Government Affairs (Dekonsentrasi) Forestry 2013 To 33 Provincial Governors as the representatives of Governments;
Remember: 1. Act No. 5 of 1990 concerning Conservation of natural Biodiversity Resources and their ecosystems (Gazette of the Republic of Indonesia Number 49 in 1990, an additional Sheet of the Republic of Indonesia Number 3419);
2. Act No. 41 of 1999 on Forestry (State Gazette of the Republic of Indonesia Number 167 in 1999, an additional Sheet of the Republic of Indonesia Number 3888) as amended by Act No. 19 of 2004 concerning the determination of the Replacement Government Regulations Act No. 1 of 2004 on changes to the Act No. 41 of 1999 on Forestry into law (State Gazette of the Republic of Indonesia Number 86 in 2004 an additional Sheet of the Republic of Indonesia Number 4412);
3. Act No. 1 of 2004 on the Treasury of the State (State Gazette of the Republic of Indonesia in 2004, an additional Sheet No. 5 of the Republic of Indonesia Number 4355);
4. Act No. 3 of 2004 concerning the examination of the management and financial responsibility of the State (State Gazette of the Republic of Indonesia Number 66 in 2004, an additional Sheet of the Republic of Indonesia Number 4400);
5. Act No. 25 of 2004 about National Development Planning System (State Gazette of the Republic of Indonesia Number 104 in 2004, an additional Sheet of the Republic of Indonesia Number 4421);
6. 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 amended by Act No. 8 of 2005 about the determination of the Replacement Government Regulations Act No. 3 of 2005 about the change in the Law Number 32 of 2004 concerning Regional Government became law (State Gazette of the Republic of Indonesia Indonesia 2005 Number 108 Additional Sheets, the Republic of Indonesia Number 4548);
7. Act No. 33 of 2004 concerning the Financial Equalization between the Central Government and the regional Government (the State Gazette of the Republic of Indonesia Number 126 in 2004, an additional Sheet of the Republic of Indonesia Number 4438);
8. Government Regulation Number 44 in 2004 about Forestry Planning (State Gazette of the Republic of Indonesia Number 146 in 2004, an additional Sheet of the Republic of Indonesia Number 4452);
9. Government Regulation Number 45 in 2004 on the protection of Forests (State Gazette of the Republic of Indonesia Number 147 in 2004, an additional Sheet of the Republic of Indonesia Number 4453); as amended by the Government Regulation Number 60 in 2009 about the changes to the Government Regulation Number 45 in 2004 on the protection of Forests (State Gazette of the Republic of Indonesia year 2009 Number 145);
10. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, the Government of the province, and the Government district/city (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737);
11. Government Regulation Number 41 in 2007 about the Organization of the device area (State Gazette of the Republic of Indonesia Year 2007 Number 89, an additional Sheet of the Republic of Indonesia Number 4741);
12. Government Regulation number 7 in 2008 on Dekonsentrasi and Pembantuan (State Gazette of the Republic of Indonesia Number 20 in 2008, an additional Sheet of the Republic of Indonesia Number 4817);
13. The decision of the President of the Republic of Indonesia Number 84/P in 2009 as amended by presidential decree number 59/P in 2011;
14. Regulations the President Republic of Indonesia Number 47 in 2009 about the formation and organization of the Ministries;
15. Regulation of the Minister of forestry Number p. 40/Menhut-II/2010 about the Organization and the work of the Ministry of forestry (Republic Indonesia in 2010 Number 405) as amended by regulation of the Minister of forestry Number P. 33/Menhut-II/2012 about changes to the Ministerial Regulation Number p. 40/Menhut-II/2010 about the Organization and the work of the Ministry of forestry (Republic Indonesia in 2012 Number 779).
Decide: define: REGULATION of the MINISTER of FORESTRY of PELIMPAHAN MOST GOVERNMENT AFFAIRS (DEKONSENTRASI) FORESTRY 2013 to 33 PROVINCIAL GOVERNORS AS REPRESENTATIVES OF GOVERNMENTS.
CHAPTER I the SENSE of article 1 In this regulation, the definition of: 1. The Government of the (Central) Government, hereinafter referred to as the President of the Republic of Indonesia that holds the powers of the Government of the Republic of Indonesia as stipulated in the Constitution of the Republic of Indonesia in 1945.
2. Dekonsentrasi is pelimpahan the authority of the Government to the Governor as the representative of the Government.
3. Dana dekonsentrasi is the funding comes from the STATE BUDGET that is exercised by the Governor as the representative of a Government that includes all of the receipts and expenditure in the framework of the implementation of the dekonsentrasi, does not include the funds allocated to the vertical center of the agencies in the area.
4. Forest ecosystem in the form of a Union is a stretch of land contains natural biodiversity sumber-daya dominated by trees in the natural environment, the fellowship with each other can not be separated.
5. State forest is a forest located on the land that is not encumbered by rights over the land.
6. The inaugural forest area is the series designation activities, structuring the boundaries, mapping and the determination of forest area with the aim to provide legal certainty over the status, layout, borders and vast forest areas.
7. Setup the boundaries of forest area is an activity that includes projections peg construction limit, limit, announcements, an inventory and the settlement of third-party rights, installation of a pal limits, measurement and mapping as well as making the news event layout limits.
8. the Penatagunaan forest area is a series of activities in order to assign the function and use of forest area.
9. Union of forest management, forest management is an appropriate subject matter and the allocation of functions, which can be managed efficiently and sustainably.
10. Business license harvesting forest wood is a business license is given to make use of forest products in the form of timber in natural forest on forest harvesting activities through production or logging, enrichment, maintenance and marketing.
11. Forest plants of forest people's plants in forest production, built by community groups to enhance the potential and quality of production forests by applying silvikultur in order to guarantee the sustainability of forest resources.
12. PSDH is the levy imposed on the holder of the permit as a substitute for the intrinsic value of forest products that are withheld from the State forest.
13. DR. is the funds withheld from the holder of the business license hasilhutan utilization of timber in natural forest on forest production for mereboisasi and rehabilitate forests.
14. the results of the primary forest Industry wood is wood processing round and/or raw material wood flakes become intermediate goods or finished goods.
15. the primary industry of non timber forest products is the processing of forest products in the form of wood instead of being intermediate goods or finished goods.
16. The forest and land Rehabilitation (RHL) is an effort to restore, maintain and improve the function of forests and land so that power support, productivity and its role in supporting the system buffer life stay awake.
17. the Community Forest is a State forest utilization primarily aimed at empowering local communities.
18. Jungle Village is State forest managed by the village and utilized for the welfare of the village and yet burdened permission/rights.
19. River basin (DAS) is an area of land which is one unit with the river and its tributaries, which serves to hold, store and stream water derived from precipitation to the lake or into the sea in a natural limit on land, which is dividing the topographic boundary in the sea and up to the area of waters affected the activity of the Mainland.
20. The Minister is the Minister responsible in the field of forestry.
CHAPTER II AIMS and OBJECTIVES article 2 (1) the intention of the Organization of the dekonsentrasi is to improve the conduct of the Affairs of the Government forestry.
(2) the purpose of the Organization of the dekonsentrasi is to improve the effectiveness of the role and the position of the Governor as the representative of the Government in carrying out the Affairs of Government forestry.
CHAPTER III ORGANIZATION of the first part of DEKONSENTRASI Dekonsentrasi type of article 3 (1) the Minister bestows some Government Affairs in the field of forestry to 33 Governor of the provincial government.

(2) details of the Affairs of Government in the field of forestry which delegated to the Governor as referred to in paragraph (1), is as listed in the appendix to this regulation of the Minister.
(3) Government Affairs in the field of forestry which delegated to the Governor should not be assigned to the bupati/walikota nor to the village chief.
(4) Pelimpahan the Affairs of Government in the field of forestry as referred to in paragraph (1), valid until December 31, 2013.
The second part Dekonsentrasi Implementation of article 4 (1) the Governor set a working device units dealing with the Affairs of the provinces the Government forestry as the executor of Government forestry affairs assigned as referred to in article 3.
(2) after receiving the most Government Affairs pelimpahan forestry as referred to in article 3, the Governor set a financial manager device includes a power user/budget items, the official manufacturer of the commitment, the official signing of the Bill/examiners warrant pay, and Treasurer of the expenses.
(3) the Governor conveyed the results of the determination of the user's power budget/finance manager and other goods to the Minister with a copy to the Minister of finance in particular the Director General of the Treasury.
(4) the Governor in the exercise of most government forestry affairs assigned as referred to in article 3, are bound to mandatory norms, standards, procedures, and criteria established by the Minister.
(5) the implementation of governmental affairs assigned to the Governor as referred to in article 3, section of the budget is financed by the Ministry of forestry by 2013.
(6) the implementation of the budget by the units of the device work area that handles the Affairs of the Government forestry as referred to subsection (1), are bound to the laws and regulations in force.
(7) the management of the budget for the implementation of governmental affairs in the field of forestry assigned as referred to article 3, required in an orderly, obedient to regulations, efficient, economical, effective, transparent, and accountable with a sense of Justice and propriety.
The third part Reporting Dekonsentrasi of article 5 (1) every 3 (three) months, 6 (six) months and at the end of the year the head unit device work areas that handle most Affairs of the Government forestry assigned mandatory reporting implementation of forestry Government affair in part to the Minister with a copy to the Secretary General of the Ministry of forestry, the Inspector General of the Ministry of forestry, the Director General of Forestry Planologi, Director General of forest protection and nature conservation , Director General of the corporate management of watersheds and Social Forestry, Director General of Bina Usaha Forestry, and the head of the Agency for the extension and development of human resources in forestry.
(2) Reporting as referred to in paragraph (1) covers aspects of managerial and accountability aspects.
(3) the managerial Aspect consists of the development of the realization of absorption of funds, achievement of target output, constraints encountered, and the follow-up suggestions.
(4) the accountability Aspect consists of the realization of the budget report, the balance sheet, notes to financial statements, and reports of the goods.
CHAPTER IV SUPERVISION and COACHING of article 6 (1) the technical Coaching over the implementation of the dekonsentrasi referred to in article 3 is carried out by the Secretary-General, the Director-General of Forestry Planologi, Director General of forest protection and nature conservation, Director General of the corporate management of watersheds and Social Forestry, Director General of Forestry, Business and community development agency for the extension and development of human resources in forestry.
(2) the construction referred to in subsection (1) include the grant guidelines, facilitation, training, technical guidance, monitoring, and evaluation.
(3) the norm, standards, procedures, and criteria referred to in article 4 paragraph (4) is the instrument of Government Affairs to carry out construction of forestry who didekonsentrasikan to the Governor.
(4) the functional Supervision over implementation of the dekonsentrasi referred to in article 3 and to review the financial statements of the Fund dekonsentrasi carried out by the Inspector General of the Ministry of forestry.
(5) the Minister may waive the forestry Government affair didekonsentrasikan, if: a. the Minister change the policy; and/or b. the Governor implement dekonsentrasi as referred to in article 3 are not in accordance with the norms, standards, procedures and criteria determined by the Minister.
(6) the recall of the Affairs of the Government forestry as referred to in paragraph (5), established by regulation of the Minister.
Chapter V article 7 SANCTIONS (1) units of work device referred to provincial areas article 4 paragraph (1) the recipient of funds dekonsentrasi deliberately negligent or did not submit a report the accountability of the implementation Fund referred to the penalized in the form of Ministerial delays in disbursements and/or termination of funding allocations.
(2) the sanctions delay disbursements referred to in article 7 paragraph (1) is imposed, when units of the device work area of the province cannot reconcile financial reports with the Office of the Ministry of State Treasury and accounting unit of the auxiliary budget users Echelon I in accordance with regulation of the Minister of finance governing the accounting and financial reporting system of the Central Government.
(3) delays in disbursements and/or termination of funding allocations referred to in article 7 paragraph (1) is designated by the Minister after consultation with the Minister of finance.
(4) the imposition of a sanction delay disbursement of the working units of the device does not absolve the provincial area of dekonsentrasi funds report obligation.
(5) termination of payments in the current year may be done if: a. the working units of the device area did not convey the financial reports monthly to the Minister's three in a row 2 (two) times during the financial year; and/or b. Discovered the existence of the irregularities of the inspection results of the Agency's Financial Examiners, financial and Supervisory Development, the Inspectorate-General of the Ministry of forestry, the Inspectorate-General of the Ministry of the Interior or the regional Inspectorates.
(6) the Minister establishes a decision of cessation of payments referred to in subsection (4), setelahberkoordinasi with the Minister of finance.
CHAPTER VI CLOSING PROVISIONS article 8 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 8 May of 2013, the INDONESIAN MINISTRY of FORESTRY ZULKIFLI HASAN Enacted in Jakarta on May 15, 2013 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN Attachment: bn699-2013 fnFooter ();