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Regulation Of The Minister Of Forestry Number P. 65/menhut-Ii/2013 2013

Original Language Title: Peraturan Menteri Kehutanan Nomor P.65/MENHUT-II/2013 Tahun 2013

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STATE NEWS
REPUBLIC OF INDONESIA

No. 1451, 2013 MINISTRY OF FORESTRY. Permission To Borrow. Forest area. Mining. Policy Advisor Forestry.


ORDINANCE MINISTER OF THE REPUBLIC OF INDONESIA
NUMBER P. 65/Menhut-II/2013
ABOUT
POLICY ADVISOR FIELD FORESTRY
ON LOAN PERMIT USE FOREST AREA
FOR PRODUCTION OPERATION MINING ACTIVITIES

WITH THE GRACE OF THE ALMIGHTY GOD

MINISTER FOR FORESTRY OF THE REPUBLIC OF INDONESIA,

Weigh: a.  that under Article 16 paragraph (1) the letter f Ordinance of the Minister of Forestry Number P. 18/Menhut-II/2011 on the Pinjam Guidelines Use the Forest Area, as it has been last modified with the Regulation Minister of Forestry Number P. 14/Menhut-II/2013, has been assigned an obligation for the holder's approval of the use of the forest region to have the policy advisor field for mining production operations;
B.   that under consideration as intended in the letter a, it is necessary to establish the Minister of Forestry Regulation on the Policy Advisor Field Policy on the Pinjam Pass. Use Forest Area for Production Operations Mining Activities;

Remembering: 1.  Law No. 5 Year 1990 on the Conservation of Natural Resources Hayati and Ekosystem (Sheet State Of The Republic Of Indonesia 1990 Number 49, Additional Sheet Of State Republic Of Indonesia Number 3419);
2. Act No. 41 of 1999 on Forestry (sheet of State of the Republic of Indonesia Year 1999 Number 167, Additional Gazette Republic of Indonesia Number 3888), as amended by Law No. 19 of 2004 (State Sheet) Republic of Indonesia Year 2004 Number 86, Additional Gazette of the Republic of Indonesia No. 4412);
3. Law No. 32 Year 2004 on Regional Governing Law (Indonesian Republic of Indonesia 2004 Number 125, Additional Gazette Republic of Indonesia Number 4437), as amended several times with the Act Number 12 In 2008 (sheet Of State Of The Republic Of Indonesia 2008 Number 59, Additional Gazette Of The Republic Of Indonesia Number 4844);
4. Law No. 26 Year 2007 on Alignment Of Spaces (State Sheet Of The Republic Of Indonesia Year 2007 Number 68, Additional Sheet Of State Republic Indonesia Number 4725);
5. Law No. 32 Year 2009 on the Protection and Management Of The Environment (sheet Of State Of The Republic Of Indonesia In 2009 Number 140, Additional Gazette Of The Republic Of Indonesia Number 5059);
6. Government Regulation No. 44 Year 2004 on Forestry Planning (State Gazette Indonesia Year 2004 Number 146, Additional Gazette Republic of Indonesia Number 4452);
7. Government Regulation Number 45 Year 2004 on the Protection of Forest (Sheet State Indonesia Year 2004 Number 147, Additional Gazette Republic Indonesia Number 4453), as amended by Government Regulation Number 60 Year 2009 (sheet Of State Of The Republic Of Indonesia In 2009 Number 137, Additional Gazette Of The Republic Of Indonesia Number 5056);
8. Government Regulation No. 6 Year 2007 on Tata Forest and Drafting The Forest Management Plan, as well as Forest utilization (Republic of Indonesia Gazette 2007 number 22, Additional Gazette Republic of Indonesia Number 4696), As amended by the Government Regulation No. 3 of 2008 (State of the Republic of Indonesia 2008 No. 16, Additional Sheet Republic Of Indonesia Number 4814);
9. Government Regulation Number 38 Year 2007 on the Partition of Government Affairs Between the Government, Provincial Local Government, and the District/City Local Government (Indonesian Republic of 2007) Number 82, additional State Sheet Republic of Indonesia No. 4737);
10. Government Regulation No. 2 Year 2008 on Types and Tarif on Types of State Reception Not Tax Originating from the Use of Forest Areas for Development Interests Outside Forestry Activities Applicable to the Forestry Department (State of the Republic of Indonesia 2008 No. 15, Additional Gazette of the Republic of Indonesia No. 4813);
11.2008 Government Regulation No. 26 of 2008 on the Plan of the National Area Code (RTRWN) (sheet of state of the Republic of Indonesia 2008 No. 48, Additional Gazette of the Republic of Indonesia Number 4833);
12.regulations Government Number 76 Year 2008 on Rehabilitation And Forest Reclamation (State Of The Republic Of Indonesia 2008 Number 201, Additional Sheet Of State Republic Indonesia Number 4947);
13.7 Government Regulation No. 15 of 2010 on the Hosting Of Space (sheet Of State Of The Republic Of Indonesia In 2010 Number 21, Additional Gazette Of The Republic Of Indonesia Number 5103);
14.7 Government Regulation No. 24 of 2010 on the Use of Forest Areas (State Sheet of Indonesia Year 2010 Number 30, Additional Gazette Republic of Indonesia No. 5112) as amended by Government Regulation No. 61 2012 (sheet State of the Republic of Indonesia Year 2012 Number 140, Extra Gazette of the Republic of Indonesia No. 5325);
15 Government Regulation No. 72 Year 2010 on the State Forestry General Corporation (Perum Perhutani) (sheet of State of the Republic of Indonesia of 2010 No. 142);
16.4 Government Regulation No. 27 of 2012 on Environmental Permits (Sheet Country Indonesia 2012 No. 48, Additional Gazette Republic of Indonesia Number 5285);
17.Decision Presidential Decree No. 84 /P of the Year 2009 on the Establishment of the United Indonesia Cabinet II, as amended by Presidential Decree Number 59 /P of the Year 2011;
18.7 Presidential Regulation No. 24 Year 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 it has been several times amended last with the Presidential Regulation Number 92 2011 (State of the Republic of Indonesia in 2011 Number 142);
19.Regulation No. 28 Year 2011 on the Use of Protected Forest Areas For Underground Mining;
20.Regulation Minister Forestry Number P. 40/Menhut-II/2010 on the Organization and Work Order of the Ministry of Forestry (News of the State of the Republic of Indonesia 2010 No. 405), as amended by the Regulation of the Minister of Forestry Number P. 33/Menhut-II/2012 (State News of the Republic of Indonesia 2012 Number 779);
21.Regulation Minister Forestry Number P. 18/Menhut-II/2011 on the Pinjam Guidelines Use of Forest Area (State News of the Republic of Indonesia 2011 Number 191), as has been several times amended last with the Regulation Minister of Forestry Number P. 14/Menhut-II/2013 (State News of the Republic of Indonesia in 2013 Number 328);

DECIDED:

Establishing: FORESTRY MINISTER REGULATION ON THE POLICY ADVISOR FIELD ON LOAN PERMIT USING FOREST AREA FOR PRODUCTION OPERATION MINING ACTIVITIES.

BAB I
UMUM CONDITIONS
Section 1
In Regulation of the Minister this is referred to:
1. Use of forest area is the permission granted to use forest areas for development purposes beyond forestry activities without altering the function and tail of forest area.
2. Licensee is authorized to use the IBM DB2 for DB2 for DB2 for DB2 for DB2 for DB2 for DB2 for DB2 for DB2
3. Policy Advisor Field of Forestry is an official or full of duty derived from the Ministry of Forestry or other agencies of competence in the field of forestry development policy placed and appointed by the Licensee's permission holder. Use the forest area for mining operations.
4. Minister is the Minister who organizes government affairs in the field of forestry.

Section 2
(1) Use of a forest area for mining operations is required to have a Policy Advisor Field Policy.
(2) The Field Policy Advisor for Forestry as referred to in paragraph (1), may be derived from:
a.   the official or plenary duties of the Ministry of Forestry; or
B.   Other agencies, who are competence in the field of forestry development policy.
(3) Policy Advisor Field of Forestry derived from the Ministry of Forestry as referred to in paragraph (2) letter a, is:
a.   that still serves as low-level as Eselon II level; and
B.   In the end of the term, the lower end of the term is IV/b.
(4) In terms of the Policy Advisor comes from the instance as referred to in paragraph (2) the letter b, with the criteria:
a.   educated forestry scholar; or
B.   Other educated scholars who have experienced the foresight at least 15 (fifteen) years.

BAB II
TATA WAYS APPOINTMENT POLICY ADVISOR FIELD FOREST
Section 3
(1) Use of a forest area for production operation mining activities, lifting the Policy Advisor Field Field Policy and working for the permit holders tied to the Contract based on Key Performance Indicators (KPIs) between the Policy Advisor to the Cloud Service with the following:
(2) The KPIs as referred to in paragraph (1), contain the rights and obligations of the parties and are evaluated by Licensee within a period of 1 (1) year after the contract is signed, and may be extended by the consent of the parties.
(3) In terms of permit holders use forest area for production operation mining activities as referred to by paragraph (1) do not lift Policy Advisor, Secretary General of the Forestry Ministry establishes the name Policy Advisor with Consider the competence of the competency.

BAB III
POLICY ADVISOR POLICY ADVISOR FIELD
Section 4
Each Policy Advisor Field Forestry is required to comply with the ethical code as follows:
a.   There is no conflict of interest in the process of granting permission to use the forest area;
B.   not to interfere with the underlying tasks and functions, for the Policy Advisor that is derived from the Ministry of Forestry;
c. prohibited from conducting the licensing process of use of the forest area; and
D.   Perform tasks based on KPIs.

BAB IV
CLOSING PROVISIONS
Section 5
The Minister ' s rules are beginning to apply at the date of the invitation.

In order for everyone to know it, order the invitational of the Minister's Regulation with its placement in the News of the Republic of Indonesia.

Set in Jakarta
on December 11, 2013
FORESTRY MINISTER
REPUBLIC OF INDONESIA,

ZULKIFLI HASAN

Promulgated in Jakarta
on December 12, 2013
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN