Regulation Of The Minister Of The Environment Number 9 By 2013

Original Language Title: Peraturan Menteri Lingkungan Hidup Nomor 9 Tahun 2013

Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c50a344cd80bb56313232393534.html

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Back NEWS REPUBLIC of INDONESIA No. 1429, 2013 the MINISTRY OF ENVIRONMENT. The Special Allocation Fund. Utilization. Technical Guide.

REGULATION of the MINISTER of ENVIRONMENT of the REPUBLIC of INDONESIA number 09 2013 TECHNICAL INSTRUCTIONS ABOUT the UTILIZATION of SPECIAL ALLOCATION FUNDS ENVIRONMENTAL FIELD the FISCAL YEAR 2014 with the GRACE of GOD ALMIGHTY MINISTER of ENVIRONMENT of the REPUBLIC of INDONESIA, Considering: a. that to strengthen the implementation of the minimum service standard Field of environment Regional District/city, and support the efforts of adaptation and mitigation of climate change, as well as green infrastructure support The Government has established a special allocation of expenditure policy Areas of environment;
b. that to implement the policy of allocating Funds Environmental Field-specific Allocations referred to in letter a, the necessary technical guide Special Allocation Funds Utilization Fields of environment fiscal year 2014;
c. that based on considerations as referred to in letter a and letter b, need to establish the regulation of the Minister of the environment about the technical instructions Special Allocation Funds Utilization Fields of environment fiscal year 2014;
Remember: 1. Act No. 17 of 2003 about State Finances (State Gazette of the Republic of Indonesia Number 47 in 2003, an additional Sheet of the Republic of Indonesia Number 4286);
2. 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);
3. 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);
4. Act No. 18 of 2008 on waste management (State Gazette of the Republic of Indonesia Number 69 in 2008, an additional Sheet of the Republic of Indonesia Number 4851);
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 82 in 2001 about water quality Management and control of water pollution (State Gazette of the Republic of Indonesia Number 153 in 2001, an additional Sheet of the Republic of Indonesia Number 4161);
7. Government Regulation Number 55 in 2005 about the Equalization Funds (State Gazette of the Republic of Indonesia Number 137 in 2005, an additional Sheet of the Republic of Indonesia Number 4575);
8. Government Regulation Number 39 in 2006 about the procedures for control and evaluation of the implementation of the development plan (State Gazette of the Republic of Indonesia Number 96 in 2006, an additional Sheet of the Republic of Indonesia Number 4663);
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 06 of 2008 about the conduct of the Evaluation Guidelines for local governments (State Gazette of the Republic of Indonesia number 19 in 2008, an additional Sheet of the Republic of Indonesia Number 4815);
11. Government Regulation Number 81 in 2012 about waste management household and Similar Waste home appliances (Gazette of the Republic of Indonesia Number 188 by 2013, an additional Sheet of the Republic of Indonesia Number 5347);
12. the presidential regulation Number 54 in 2010 about Government procurement of goods and services;
13. the regulation of the Minister of State for the environment number 19 in 2008 about the minimum service standard Environmental Field Area of the province and District/city;
14. Regulation of the Minister of State for the environment in 2010 number 11 of Ministry of environment strategic plan 2010-2014 as amended by regulation of the Minister of State for the environment no. 10 in 2011 (News of the Republic of Indonesia Number 730 in 2011);
15. Regulation of the Minister of State for the environment number 16 in 2010 about the Organization and the work of the Ministry of environment as amended by regulation of the Minister of the environment number 18 in 2012 (news of the Republic of Indonesia year 2012 Number 1067);
16. Regulation of the Minister of State for the environment number 03 in 2012 about Garden biodiversity (news of the Republic of Indonesia in 2012 the number 200);
17. Regulation of the Minister of State for the environment number 13 in 2012 on the implementation Guidelines the Reduce, Reuse, and Recycle Through Bank Trash (Republic Indonesia in 2012 the number 804);
Decide: define: REGULATION of the MINISTER of the ENVIRONMENT ABOUT the TECHNICAL INSTRUCTIONS SPECIAL ALLOCATION FUNDS UTILIZATION FIELDS of ENVIRONMENT FISCAL YEAR 2014.
Article 1 In this ministerial regulation is: 1. A special Allocation Funds Environmental Field, hereinafter called DAK Field LH, the Fund is sourced from the State Budget revenues and Expenditures are allocated to specific areas with the aim to help fund the activities of the control of pollution of the environment, support the efforts of adaptation and mitigation of climate change, and in the framework of the environmental preservation function of which is the Regional Affairs and in accordance with national priorities.
2. the revenue and Expenditure Budget of the State, the STATE BUDGET, is hereinafter referred to as Annual Plans approved State Government Representatives.
3. Budget revenue and shopping districts, a GRANT hereinafter referred to, is the annual financial plan local governance was discussed and approved by the local authorities and Representatives of the area, and is set by local regulations.
4. Temporary shelter, hereinafter abbreviated to TPS, is place before the garbage transported to place recycling, processing and/or integrated garbage processing place.
5. The place of final processing, hereinafter abbreviated TPA, is the place to process and return the waste to the media environment.
6. Reduce, Reuse, Recycle hereinafter abbreviated 3 R is Reduce mean reducing everything that led to waste, Reuse means using back garbage that still can be used for the same function or other functions, and Recycle mean composting (recycle) waste into new products or goods are beneficial.
7. Garbage Processing Place with principle 3 R's (reduce, reuse, recycle), hereinafter called the TPS 3R, is where the performance of the activities of collecting, sorting, re-use, and recycling the scale area.
8. The Bank is a place of garbage sorting and collection of waste that can be recycled and/or used the anniversary to have economic value.
9. Installation of waste water processing business scale of micro, small and medium enterprises hereinafter abbreviated IPAL SMEC is a device for processing or processing the rest of the production process of micro small and medium business activities, making it feasible to environment or taken advantage of again.
10. Adiwiyata Program is a program to realize the school cares and cultured environment.
11. Program Adipura is program to help local governments, in this case the city and County as well as the provinces, increasing capabilities in environmental management in its territory in order to achieve Environmental Governance Praja (Good Environmental Government/GEG);
12. Clean the next time the Program abbreviated Prokasih is one of the work program for controlling the river water to improve the quality of the river water allocation according to function;
13. The blue sky Program is a program for controlling air pollution from sources moving and not moving.
14. The Program Toward Green Indonesia, hereinafter in brief Program MIH, is a program of coaching and supervision in the implementation of the conservation area is a protected function, damage control environment and the handling of climate change that is implemented through an assessment of the performance of local governments.
15. The Program Hometown Climate, hereinafter referred to Proklim, national berlingkup program is managed by the Ministry of environment in order to encourage the community to make improvements to the capacity of adaptation to the impacts of climate change and a decrease in greenhouse gas emissions as well as give you an appreciation for the efforts of adaptation and mitigation of climate change that has been implemented at the local level in accordance with the conditions of the region.
16. the river basin, hereinafter called DAS, was 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.
17. Environmental Establishments Kabupaten/Kota, is the Agency that organizes the Affairs of Government in the field of environmental protection and the management of kabupaten/kota.
18. The head of the Environmental Agency Kabupaten/Kota, is the head of a government agency that conducts the Affairs of the Government in the field of environmental protection and the management of kabupaten/kota.
19. the Minister is the Minister of the organizing Affairs of the Government in the field of the protection and management of the environment.
Article 2 DAK Field LH aims to improve the Organization of the responsibility, the role of Government in the district/city: a. carry out the minimum service standard field of environment regional district/city;
b. support the efforts of adaptation and mitigation of climate change; and c.  supports green infrastructure.

Article 3 the LH target field of DAK to complement the physical facilities and infrastructure preservation and environmental management at the kabupaten/kota.

Article 4 scope of regulation of the Minister include: a. activities DAK Field LH;
b. budget DAK Field LH;
c. coaching; and d.  reporting.
Article 5 of organizing, responsibility, and the role of the district/city governments as stipulated in article 2 include the improvement of government performance: a. the kabupaten/kota in the preservation and sustainable management of the environment;
b. independence of the Government's kabupaten/kota in doing conservation and environmental management;
c. support to the bupati/walikota in: 1. set the grade of water at the River a priority in its territory;
2. lower the burden of pollution in water, air, and soil;
3. establish a policy of reduction in the volume of rubbish;
4. Add to the wide open green space that serves as the lungs of the city;
5. restoration of functions of rivers and Lakes;
6. Drawing up the environmental Status of the region; and 7.  support the flagship program, among other things: a) Adiwiyata;
b) Adipura;
c Prokasih);
d) blue sky;
MIH e);
Bank f) Garbage; and g) Proklim.
Article 6 (1) activities of the DAK Field LH include: a. the provision of facilities and infrastructure of the environmental pollution control;
b. procurement of infrastructure and facilities in order to adaptation and mitigation of climate change; and c.  procurement and infrastructure preservation of environmental functions.
(2) the procurement of infrastructure and facilities for controlling the pollution of the environment as referred to in paragraph (1) letter a include: a. facilities and infrastructure for wastewater treatment: 1. IPAL SMALL MEDIUM ENTERPRISES; and 2.  Domestic waste water processing installations (IPAL Communal).
b. waste management and infrastructure with the 3R principle in the polling stations, landfill, public facilities, social facilities, and schools, as well as support the implementation of the Adiwiyata Programme and the Bank trash.
(3) the procurement of infrastructure and facilities in order to climate change mitigation and adaptation as referred to in paragraph (1) letter b include: a. the creation of Garden and Green Park Precautionary;
b. planting mangrove vegetation and the beach/River;
c. modelling of ecosystem damage recovery community based coral reefs;
d. procurement unit for processing organic wastes into biogas; and e.  the procurement unit gas-collecting landfill (biogas) in landfill.
(4) the procurement and infrastructure preservation of environmental functions as intended in paragraph (1) Letter c covers: a. Wells of resapan;
b. biopori resapan hole;
c. Dam (water catchment ponds);
d. planting trees around Springs, border rivers, lakes and the critical area;
e. processing weeds (plant bully), and making the planting medium (bitumen);
f. catcher deposition (sediment trap) vegetative; and g.  building preventive avalanche, turap and eco-friendly.
Article 7 (1), Kabupaten/kota in choosing activities DAK Field LH as referred to in article 6 should consider: a. the national target in lowering the burden of environmental pollution, lowering the rate of damage to the environment and to enhance the capacity of law enforcement and the community in the management of natural resources and the environment;
b. priority of handling environmental issues faced;
c. local environmental conditions;
d. the benefit and sustainability of activities;
e. compliance with regional planning;
f. the amount of budget appropriations; and g.  the availability of human resources.
(2) for the district/city within the 15 (fifteen) and 13 (thirteen) DAS national priorities as listed in Annex I which is part an integral part of this Ministerial Regulation, at least choose activities DAK LH Fields that are included in the provisions in article 6 paragraph (4) of article 8 Activities DAK LH Fields referred to in article 7 is performed according the guidelines of the implementation of the activities of the Special Allocation Funds Environmental Field the year 2014 Budget listed in annex II which are part an integral part of this regulation of the Minister.

Article 9 (1) the Fund is not allowed to Field LH DAK to finance activities: a. Administration of the project;
b. preparation of the physical project;
c. research;
d. training;
e. honor;
f. employee travel areas, sampling for monitoring the quality of water, air, and soil;
g. junk data retrieval; and h.  the preparation of the report.
(2) the activities referred to in paragraph (1) was financed through a GRANT County/city.
Article 10 Kabupaten/kota is obliged to allocate co-funding of at least 10% (ten perseratus) derived from a GRANT County/city.

Article 11 (1) of the management of the budget, and the implementation of DAK Field LH conducted by Environmental Agencies Kabupaten/Kota.
(2) the head of the Environmental Agency Kabupaten/Kota coordinate the utilization of DAK Field LH at the kabupaten/kota.
Article 12 (1) the Minister is implementing coaching and evaluation of the implementation of the activities of the DAK Field LH through coordination based on ecoregions region in the form of: a. periodic technical working meetings;
b. technical guidance;
c. evaluation of the implementation of activities; and d.  assessment of the results of the evaluation of the implementation of the activities.
(2) the Minister for part of the implementation of the monitoring and supervision of the implementation of DAK Field LH to the Governor through the mechanism of the dekonsentrasi field of LH.
(3) further Provisions concerning monitoring and oversight as referred to in subsection (2) subject to the regulations of the Minister.
Article 13 (1) the head of the environmental agency district/municipality has an obligation to draw up a report on the implementation of the activities of the DAK Field LH, consisting of: a. quarterly report the progress of implementation activities, and budget absorption DAK Field LH fiscal year 2014;
b. final report of the implementation activities of the product;
c. the report output and outcomes of the implementation of activities; and d.  Regional Environmental Status reports (SLHD) district/city fiscal year 2013.
(2) the report as in subsection (1) is submitted to a.  Minister; and b.  The Head Of The Regional Environmental Agencies Of The Province.
(3) the submission of the report referred to in subsection (1) are implemented tiered to the Province, the central management of the Ecoregions and the Secretariat of the MOE's Bureau of Planning and cooperation through a foreign country using the on-line reporting system for monitoring and evaluation (monev-e) the implementation of DAK Field LH.
(4) Charging and completeness of data utilization DAK Field LH into the system e-monev, into consideration and assessment of the performance of the implementation of DAK Field LH at the kabupaten/kota.
(5) the report referred to in subsection (1), subsection (2), and subsection (3) is carried out in accordance with the guidelines for preparation of Reports of the Special Allocation Funds Environmental Field as listed in Annex III which is an integral part of part of the regulation of the Minister.
Article 14 at the time of this Ministerial Regulation entered into force, the regulation of the Minister of the environment number 26 in 2012 about technical guide Special Allocation Funds utilization of Environmental Fields by 2013 was revoked and declared inapplicable.

Article 15 this Ministerial Regulation went into effect on January 1, 2014.

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 November 28, 2013, MINISTER of ENVIRONMENT of INDONESIA, BALTHASAR KAMBUAYA Enacted in Jakarta on 9 December 2013 MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN Attachment: bn1429-2013 fnFooter ();