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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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51d80d2960a1a2313233383332.html

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Back NEWS REPUBLIC of INDONESIA No. 1451, 2013 the MINISTRY of FORESTRY. Permission Is Borrowed. Forest Area. Mining. Policy Advisor Forestry.

REGULATION of the INDONESIAN MINISTRY of FORESTRY NUMBER p. 65/Menhut-II/2013 ABOUT POLICY ADVISOR on FORESTRY PERMIT LOAN USE FORESTED AREAS for MINING ACTIVITIES PRODUCTION OPERATIONS with the GRACE of GOD ALMIGHTY the MINISTER of FORESTRY of the REPUBLIC of INDONESIA, Considering: a. that under article 16 paragraph (1) letter f Regulations the Minister of forestry Number p. 18/Menhut-II/2011 about Loan Guidelines Use forested areas, as it has several times changed with the regulation of the Minister of forestry Number p. 14/Menhut-II/2013 , has established an obligation for the holder of the approval of the principle of the use of forest areas have a policy advisor for forestry mining production operations;
b. that based on considerations as referred to in letter a, the need to set a regulation of the Minister of Forestry Policy Advisor on Forestry Permit Loan Use forested areas For mining activities production operations;
Remember: 1. Act No. 5 of 1990 concerning conservation of natural resources, the ecosystem and Biodiversity (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 (State Gazette of the Republic of Indonesia Number 86 in 2004, an additional Sheet of the Republic of Indonesia Number 4412);
3. 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 several times with the Act No. 12 of 2008 (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844);
4. Act No. 26 of 2007 concerning Spatial (Gazette of the Republic of Indonesia Number 68 in 2007, an additional Sheet of the Republic of Indonesia Number 4725);
5. Law Number 32 year 2009 on the protection and management of Environment (State Gazette of the Republic of Indonesia Number 140 in 2009, an additional Sheet of the Republic of Indonesia Number 5059);
6. 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);
7. 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 government regulation Number 60 in 2009 (State Gazette of the Republic of Indonesia Number 137 in 2009, an additional Sheet of the Republic of Indonesia Number 5056);
8. Government Regulation number 6 in 2007 about the grammar of the forest and the preparation of forest management Plans, as well as the utilization of the forest (State Gazette of the Republic of Indonesia number 22 in 2007, an additional Sheet of the Republic of Indonesia Number 4696), as amended by regulation of the Government No. 3 of 2008 (State Gazette of the Republic of Indonesia number 16 in 2008, an additional Sheet of the Republic of Indonesia Number 4815);
9. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance and local governance of the province, Kabupaten/Kota (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737);
10. Government Regulation number 2 in 2008 about the type and price of the above types of Acceptance State instead of taxes that are derived from the use of forest areas for the sake of development of the outside activities of forestry prevailing at the Forestry Department (State Gazette of the Republic of Indonesia number 15 in 2008, an additional Sheet of the Republic of Indonesia Number 4813);
11. Government Regulation number 26 in 2008 on National Territory Spatial Plans (RTRWN) (State Gazette of the Republic of Indonesia Year 2008 Number 48, additional sheets of the Republic of Indonesia Number 4833);
12. Government Regulation Number 76 in 2008 about Reclamation and Rehabilitation of the forest (State Gazette of the Republic of Indonesia Number 201 in 2008, an additional Sheet of the Republic of Indonesia Number 4947);
13. Government Regulation Number 3 of 2010 about organizing the Spatial (Gazette of the Republic of Indonesia Number 21 of 2010, an additional Sheet of the Republic of Indonesia Number 5103);
14. Government Regulation Number 24 of 2010 on the use of forest area (State Gazette of the Republic of Indonesia number 30 in 2010, an additional Sheet of the Republic of Indonesia Number 5112) as amended by the Government Regulation Number 61 in 2012 (the State Gazette of the Republic of Indonesia in 2012 the number 140, Supplement State Gazette Number Indonesia 5325);
15. Government Regulation Number 72 in 2010 of a common Forestry Company (Perhutani) (State Gazette of the Republic of Indonesia year 2010 Number 142);
16. Government Regulation Number 27 in 2012 about the Environmental Permit (State Gazette of the Republic of Indonesia Number 48 in 2012, an additional Sheet of the Republic of Indonesia Number 5285);
17. Presidential Decree Number 83/P in 2009 on the establishment of a United Indonesia Cabinet II, as amended by presidential decree number 59/P in 2011;
18. the 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 it has several times changed the last presidential regulation Number 92 in 2011 (State Gazette of the Republic of Indonesia in 2011 Number 142);
19. Presidential regulation Number 28 in 2011 on the use of Protected forest area for the Underground Mining;
20. 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 401), as amended by regulation of the Minister of forestry Number P. 33/Menhut-II/2012 (news of the Republic of Indonesia year 2012 Number 779);
21. Regulation of the Minister of forestry Number p. 18/Menhut-II/2011 Loan Guidelines about Sharing forest area (news of the Republic of Indonesia Number 190 by 2011), as it has several times changed with the regulation of the Minister of forestry Number p. 14/Menhut-II/2013 (news of the Republic of Indonesia Number 328 2013);
Decide: define: FORESTRY MINISTERIAL REGULATION ABOUT the POLICY ADVISOR on FORESTRY PERMIT LOAN USE FORESTED AREAS for MINING ACTIVITIES PRODUCTION OPERATIONS.
CHAPTER I GENERAL PROVISIONS article 1 In this ministerial regulation does Permit: 1. borrow a ready-made forest area is permission given to use a forest area for the sake of development of the outside activities of forestry without changing the functions and the allocation of forest area.
2. The holder of the permit is a permit holder may borrow use forested areas for mining activities production operations.
3. Policy Advisor Forestry is a full-time officer or a task that derives from the Ministry of forestry or other agency officials who berkompetensi in the field of forestry development policies that are placed and lifted by the holder of the permit loan use forest area for production operation mining activities.
4. the Minister is the Minister of the organizing Affairs of the Government in the field of forestry.
Article 2 (1) the holder of a permit for the forest area use loan activities mandatory production operation mining have Policy Advisor Forestry.
(2) Policy Advisor Forestry as referred to in paragraph (1), may be derived from: a. the officer or full-time duties of the Ministry of forestry; or b.  officials of other agencies, which berkompetensi in the field of forestry development policy.
(3) Policy Advisor Forestry which comes from the Ministry of forestry as referred to in paragraph (2) letter a, is: a. which still served as serendah-rendah-level Echelon II; and b.  the full-time assignments already perfect humility at the end position of the lowest rank IV/b.
(4) in terms of Policy Advisors come from establishments as referred to in paragraph (2) letter b, with criteria: a. educated Bachelor of forestry; or b.  educated other scholars experienced in the field of forestry at least 15 (fifteen) years.
CHAPTER II PROCEDURES for APPOINTMENT of POLICY ADVISOR FORESTRY article 3 (1) the holder of a permit for the forest area use loan activity of mining production operations, lifting the Policy Advisor Forestry and works for the holder of a permit who is bound by a contract based on Key Performance indicators (KPIS) between Policy Advisor Forestry with the holder of the permit.
(2) the KPIS as referred to in paragraph (1), contain the rights and obligations of the parties and evaluated by the holder of the permit for a period of one (1) year after the contract is signed by the parties, and can be extended upon agreement of the parties.
(3) in the event that the holder of the permit loan use forest area for production operation mining activities as referred to in subsection (1) no lifting Policy Advisor, Secretary General of the Ministry of forestry to resolve names Policy Advisors having regard to considerations of competence concerned.
CHAPTER III of the CODE of ETHICS POLICY ADVISOR FORESTRY article 4 Each Policy Advisor Forestry is obligated to obey the code of conduct as follows: a. not have conflict of interest in the process of granting permission to wear borrowed forest area;
b. do not interfere with the basic tasks and functions, for Policy Advisors who came from the Ministry of forestry;

c. prohibited conduct clearance process of licensing loan use forested areas; and d.  perform duties based on KPIS.
CHAPTER IV CLOSING PROVISIONS article 5 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 December 11, 2013, the INDONESIAN MINISTRY of FORESTRY ZULKIFLI HASAN Enacted in Jakarta on 12 December 2013 MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();