Local Regulations Number 14 Year 2012

Original Language Title: Peraturan Daerah Nomor 14 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bdb4af60109cd2313634353436.html

The SHEET REGION of WEST SUMATRA in 2012 No. Sort: 02 of REGULATION REGIONS of WEST SUMATRA number 14 in 2012 on the PROTECTION and MANAGEMENT of the ENVIRONMENT by the GRACE of GOD ALMIGHTY the GOVERNOR of West Sumatra, Considering: a. that the development activity in the area to contain the risk of the occurrence of pollution and environmental damage, so as to maintain the quality of the environment it takes protective measures and environmental management a comprehensive, integrated and sustainable to ensure the implementation of the regional development which is environmentally; b. that the area of West Sumatra has special characteristics, so that the need for protection and environmental management on a consistent basis by all stakeholders; c. that based on considerations as referred to in letter a and letter b, need to set up the local regulations concerning the second amendment Above Regulation Areas number 3 in 2008 on the establishment of the Organization and the Labor Inspectorate, the regional development planning board And the technical Areas of West Sumatra; d. that based on considerations as referred to in letter a and letter b, letter c, the need to establish local regulations on protection and management of the environment; Mengigat: 1. Act Act No. 61 in 1958 about the setting of the emergency law number 19 in 1957 on the establishment of Autonomous areas level I West Sumatera, Jambi and Riau As legislation (State Gazette of the Republic of Indonesia Number 112 in 1958, additional sheets of the Republic of Indonesia Number 1646); 2. Act No. 5 of 1960 concerning the basic regulation of the Agrarian issues (State Gazette of the Republic of Indonesia Number 104 in 1960 Additional sheets of the Republic of Indonesia Number 2043); 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, the last by Act No. 12 of 2008 about the second amendment in the Law Number 32 of 2004 concerning Regional Government (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 4752); 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. Act No. 12 year 2011 about the formation of Legislation (State Gazette of the Republic of Indonesia Number 68 in 2011, an additional Sheet of the Republic of Indonesia Number 5234); 7. Government Regulation number 19 in 1994 about the management of hazardous materials and Toxic Waste 420 419 (State Gazette of the Republic of Indonesia Number 31 in 1994, an additional Sheet of the Republic of Indonesia Number 3815), as amended several times, the last of the Government Regulation Number 85 in 1999 (State Gazette of the Republic of Indonesia Number 190 in 1999, an additional Sheet of the Republic of Indonesia Number 3910); 8. 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); 9. 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); 10. Regulation of the Minister of the Interior No. 15 in 2011 about the charge Material Guidelines Draft local regulations in the field of the protection and management of the environment; 11. Regulation of the Minister of the Environment Minister number 5 in 2012 about the type of Business Plans/Activities Mandatory AMDAL; Together with the approval of the HOUSE of REPRESENTATIVES of the REGIONAL PROVINCE of WEST SUMATRA and WEST SUMATRA GOVERNOR DECIDED: setting: LOCAL REGULATIONS on PROTECTION and MANAGEMENT of the ENVIRONMENT CHAPTER I GENERAL PROVISIONS Section I the sense of article 1 in regulation of this area are: 1. The area is the province of West Sumatra. 2. The Governor is the Governor of West Sumatra. 3. Local Government is the Government of the province of West Sumatra. 4. The House of representatives next abbreviated areas of PARLIAMENT is the House of representatives of the regional province of West Sumatra. 5. District/city is a Kabupaten/Kota in West Sumatra. 6. Nagari is the unity of Community law which has territorial boundaries, and are authorized to arrange and take care of the interests of the local community based on the philosophy of the minangkabau adat (adat basandi syarak, syarak basandi book) and or based on origin and local customs in the region of West Sumatra. 7. The regional unit of the device Work hereinafter abbreviated to SEGWAY the device Work is a unit of area of West Sumatra Province which has duties and responsibilities in the field of the environment. 8. The environment was the unity spaces with all objects, resources, circumstances, and living things, including human beings and their behaviour, which affect the survival of nature itself, perikehidupan, and the welfare of humans and other living beings. 9. Sustainable development is planned and conscious effort that blends aspects of the environmental, social, and economic development strategy into to ensure the integrity of the environment as well as the safety, capacity, quality of life and well-being, generation of present and future generations. 10. The ecosystem is the order of the elements of the environment which is the unity of the whole and influence each other in the form of balance, stability, and productivity of the environment. 11. environmental protection and management is a systematic and concerted efforts are being made to preserve environmental functions and prevents the occurrence of pollution and/or damage to the environment which includes planning, utilization, control, maintenance, surveillance, and law enforcement. 12. The preservation of environmental functions are a series of efforts to maintain the continuity of power support and the capacity of the environment. 13. Power support environment is the ability of the environment to support human perikehidupan, living creatures, and the balance between the two. 422 421


14. the capacity of the environment is the ability of the environment to absorb substances, energy, and/or other components that enter or put into it. 15. Natural resources are environmental elements consisting of biological resources and the nonhayati as a whole formed the unity ecosystem. 16. The Strategic Environmental Study, hereinafter abbreviated KLHS, is a series of systematic analysis, comprehensive, participatory and to ensure that the principle of sustainable development has become a basic and integrated in the development of a region and/or the policy, plan, and/or programs. 17. The plan for the protection and management of the environment hereinafter abbreviated RPPLH is written that contains potential, environmental issues, as well as its management and protection efforts in the past year. 18. Analysis of the impact of the environment, hereinafter called the AMDAL, is the study of the important impact of a business and/or planned activities on the environment necessary for the decision-making process of the Organization of the business and/or activities. 19. The regional Amdal Commission of Appraisers is the Commission which is in charge of assessing the regional amdal documents. 20. The efforts of environmental management and Environmental Monitoring Efforts, hereinafter called UKL-UPL, was management and monitoring efforts and/or activities that do not have an impact on the environment that is necessary for the decision-making process of the Organization of the business and/or activities. 21. Waiver of his management and monitoring of the environment, hereinafter called SPPL is a statement of the ability of responsible business and/or activity to perform management and monitoring environmental impact over the environment of business and/or its activities outside of the business and/or activities that are mandatory or UKL AMDAL-UPL. 22. environmental quality is Raw size limits or levels of living things, energy, substances, or components that exist or should exist and/or the polluters tolerated its existence in a particular resource as an element of the environment. 23. Environmental Pollution is entered or the inclusion of living things, substances, energy, and/or other components into the environment by human activities so as to go beyond the raw quality of the environment that has been established. 24. raw environmental damage Criteria is the size limit of the changing nature of the physical, chemical, and/or biological environment that can be tolerated by the environment to be able to keep to preserve its function. 25. The destruction of the environment is the Act of a person who raises a change directly or indirectly against the nature of the physical, chemical, biological and/or environmental so raw damage criteria go beyond the environment. 26. the Environmental Damage is directly and/or indirectly against the nature of the physical, chemical, biological and/or environmental criteria that go beyond raw damage the environment. 27. natural resource conservation is the management of natural resources to ensure it is used wisely and the continuity of its availability with keep and improve the quality and value with. 28. hazardous materials and Toxic Waste, hereinafter called Waste B3, are the remains of a business and/or activities that contain B3. 29. B3 waste management is an activity that includes reduction, storage, collection, transportation, processing, utilization, and/or stockpiling. 30. Dumping (disposal) is a throw, put, and/or incorporate waste and/or material in amount, concentration, time, and location of certain specific requirements to certain environmental media. 31. Environmental Dispute is a dispute between two or more parties that arise from activities that potentially and/or have an impact on the environment. 32. Environmental Impact is the influence of changes in the environment caused by an undertaking and/or activities. 33. Environmental Organization is a group of people who organized and formed over the will of its own goals and activities related to the environment. 34. Environmental Audit is an evaluation that was conducted to assess the obedience of the person in charge of business and/or activities against the requirements of the law and the policies set by the Government. 35. Ecoregions is a geographical area have the same characteristics of climate, soil, water, flora, and fauna, as well as patterns of human interaction with nature 424 423 which portrayed the integrity of natural systems and the environment. 36. Local wisdom is a great value in force in people's lives for, among others, to protect and manage the environment sustainably. 37. customary law Community is a community group that is hereditary in a particular geographical area because of the bond on the origin of the ancestors, the existence of a strong relationship with the environment, as well as the existence of a system of values that define the institution of economic, political, social, and legal. 38. every person is an individual person or business entity, whether incorporated or not incorporated legal law. 39. Economic Instruments for the environment is a set of economic policies to encourage Governments, local governments, or any person towards the protection and management of the environment. 40. the Environmental Permit is a permission that is granted to any person who is doing business and/or activities that are mandatory or UKL AMDAL-UPL in order of protection and management of the environment as a prerequisite to obtain a business license and/or activities. 41. Business license and/or activities is published by permission of the technical agencies to do business and/or activities. 42. The standard minimum service field of the Environment hereinafter Environmental Fields with SPM is the stipulation regarding the type and quality of basic services the field of the environment which is a compulsory affair entitled area retrieved every citizen are minimal. The second part of the principle of article 2 (1) of the protection and management of the environment is based on the following basis: a. sustainability and sustainability; b. harmony and balance; c. alignment; d. benefits; e. prudence; f. Justice; g. ecoregions; h. biodiversity; i. the polluter pays; j. participatory; k. local wisdom; b. good governance; and d. the autonomy of the region. (2) in addition to the basis referred to in paragraph (1), the protection and management of the environment is also based on the principle of the philosophy of nature takambang so teachers as follows: a. wise; b. deliberations and consensus; c. respect customary rights and indigenous customary law; d. awareness; and e. togetherness. The third part of the purpose of article 3 protection and environmental management aims: a. maintain the quality of the environment and enhance support and the capacity of the environment; b. ensure the continuity of the life of living beings and ecosystem sustainability; c. guarantee satisfy the Justice of the present generation and future generations; d. ensure the fulfillment and protection of environmental rights as part of human rights; e. realizing sustainable development having regard to the geographical conditions of the area which belongs to the category of disaster-prone areas; f. environmental sustainability manifest based on the wisdom of the local region; and g. menumbuhkembangkan and increase public awareness in environmental management. The fourth part of article 4 Scope the scope of the arrangements for the protection and management of the environment includes: 426 a. planning; b. utilization; c. control; 425


d. maintenance; e. management of hazardous materials and Toxic Waste; f. information systems; and g. coaching and supervision. The fifth part of the duties and authorities of the regional Governments of article 5 in the protection and management of environment, local government and authorities: a. establish local level policies; b. establish and implement KLHS regional levels; c. establish and implement policies regarding the RPPLH region; d. establish and implement policies regarding the amdal and UKL-UPL; e. organizing an inventory of natural resources and greenhouse gas emissions at the local level; f. develop and implement a cooperation and partnership; g. coordinating and implementing pollution control and/or damage to the environment of cross-district/city; h. do coaching and supervision towards the implementation of the policies, rules and regulations of the area head of County/City; i. do the construction and supervision of adherence to a responsible business and/or activities against environmental and licensing provisions of the regulations in the field of the protection and management of the environment; j. develop and implement environmental instruments; k. coordinate and facilitate cooperation and the settlement of disputes between kabupaten/kota as well as dispute settlement; b. do the coaching, technical assistance, and oversight to the kabupaten/kota in the areas of programs and activities; d. carry out minimum service standard; n. set of policies regarding the procedures for the recognition of the existence of the Community law related to the protection and management of the environment at the local level; o. manage environmental information the level region; p. develops and promotes the utilization of environmental-friendly technologies; q. provide education, training, coaching and recognition; r. published the environmental permit at the local level; and s. doing environmental law enforcement at the local level. PLANNING CHAPTER II article 6 (1) in the framework of efforts for the protection and management of the environment to support sustainable local development and insightful environment, local governments compiled a RPPLH area. (2) RPPLH the area referred to in subsection (1) prepared on the basis of: a. the national RPPLH; b. inventory level Island/Islands; and c. an inventory level of the ecoregions or ecosystems. Article 7 preparation of RPPLH the area referred to in article 6 paragraph (1) notice: a. diversity of characters and ecological functions; b. distribution of the potential of natural resources; c. distribution of population and resource pressures; d. local wisdom; e. aspiration; f. climate change; and disaster-prone areas g.. Article 8 (1) RPPLH the area contains about: a. the plan of utilization and/or backup of natural resources; b. maintenance and protection of the quality and/or environmental functions; c. control, monitoring, as well as the utilization and preservation of natural resources; and d. adaptation and mitigation to climate change. (2) the plan referred to in subsection (1) notice: a. Geological and ecological conditions with an emphasis on environmental issues of strategic areas that include water, forests, and areas prone to disasters and other environmental issues that have an important impact; and b. the interests of Community law in the management of natural resources. 428 427 (2) Pollution Control and/or damage to the environment as referred to in subsection (1) include the following: article 9 (1) RPPLH the area of the basis of drafting and loaded in a long-term development plan and medium-term development plan of the region. (2) further Provisions regarding the RPPLH Area set up with its own local regulations, based on legislation. CHAPTER III UTILIZATION of article 10 (1) utilization of natural resources based on protection and management of the environment is done based on the RPPLH of the region. (2) in terms of RPPLH the area referred to in subsection (1) has not been arranged, the utilization of natural resources shall support and resource capacity of the environment with attention to: a. sustainability of processes and functions of the environment; b. sustainability of productivity of the environment; and c. safety, quality of life, and the well-being of the community. (3) in addition to the considerations referred to in paragraph (2), the utilization of natural resources before RPPLH Area composed should also consider: a. granting permission against businesses and/or activities that could potentially lower the environmental functions of forest resources and water environmental issues to pay attention to other areas that have an important impact, and reduces the occurrence of disaster risk; b. supervision of business activities against and/or activities that directly borders on or is in a protected area; c. avoiding productive land conversion in the utilization of natural resources; and d. local wisdom that developed in the middle of the community. (4) Power support and environmental capacity of provincial and district/city traffic ecoregions designated by the Governor in accordance with the legislation. CHAPTER IV CONTROL of article 11 (1) protection and environmental management can be done through the control of pollution and/or damage to the environment. a. Prevention; b. countermeasures; and c. recovery. Part One of article 12 prevention of pollution prevention Instruments and/or damage the environment consists of: a. KLHS; b. spatial; c. the raw quality of the environment; d. criteria for raw damage the environment; e. AMDAL; f. UKL-UPL; g. licensing; h. economic instruments for the environment; i. legislation-based environment; j. budget-based environment; k. environmental risk analysis; b. environmental auditing; and d. other instruments according to your needs and/or development of science. Paragraph 1 Strategic Environmental Review Article 13 (1) KLHS should pay attention to long-term efforts to realize the provincial conservation for the welfare of the community. (2) policies, plans and programs are carried out in addition to the study must contain KLHS as set forth in the regulations, should also contain the review clearly on: a. changes to forest vegetation and land cover; b. impact on the decrease of water quality; c. surface water quantity fluctuations between wet season and dry season; d. vulnerability to environmental disasters; and e. other areas of environmental issues that have an important impact. 430 429


Paragraph 2 of article 14 Spatial (1) spatial planning area is mandatory based on the customary rights by considering KLHS, local wisdom and cultural areas to maintain the sustainability of the environmental function and safety of the community. (2) the utilization of the area of cultivation on spatial planning regions should consider aspects of disaster mitigation. Paragraph 3 of the Environmental Quality of the raw Article 15 (1) determination of the occurrence of environmental pollution is measured through the raw quality of the environment according to the legislation. (2) in addition to the raw quality that has been set forth in laws-the invitation referred to in paragraph (1), set the raw quality of the more stringent and specific by the Governor in order to preserve the function of the environment of the region, namely include: a. the raw waste water quality workshop activities; b. raw water quality of the river; c. raw water quality of the Lake and the Lake; and d. other quality raw based on development progress and needs of the region. (3) the raw waste water quality activities of the workshop referred to in paragraph (2) letter a is a parameter of the chemical and biological waste of potentially polluting sources and/or media. (4) the raw river water quality as referred to in paragraph (2) letter b is the criteria of the quality of the river water is appropriate classification and designation. (5) Raw water quality of the Lake and the Lake as referred to in paragraph (2) Letter c is the criteria of the quality of the water of the Lake and Lake zoning and the provision of the appropriate set. (6) the raw quality of the environment it is the guideline for the implementation of the environmental management and protection of areas based on the capacity of the environment. (7) provision of more about the raw quality of the environment is regulated by regulation of the Governor. Article 16 any person prohibited from disposing of waste into the environment unless the media have met the following requirements: a. meets the raw quality of the environment; and b. the sewage received permission to the media environment of Governor accordingly its. Paragraph 4 of the criteria of the Environmental Damage the Baku article 17 (1) determination of the occurrence of the damage to the environment was measured through the criteria of raw damage the environment. (2) raw damage Criteria of environment referred to in subsection (1) is a guide for the implementation of the environmental management and protection of areas based on power support environment. (3) the criteria of the environmental damage that baku has been established on the basis of laws and regulations, be made in the implementation of the guidelines for the protection and management of the environment in the area. Paragraph 5 AMDAL Article 18 (1) any business and/or activities that have an impact on the environment required to have the AMDAL. (2) business Criteria and/or activities that impact important compulsory equipped AMDAL adapted to the legislation. (3) in addition to the criteria of the business which had been contained in laws-invitations, the Governor may propose business and/or activities not be compulsory AMDAL AMDAL mandatory based on the consideration of aspects of disaster unless the disaster emergency response is in order. (4) determination of the disaster aspect of consideration referred to in paragraph (3) coordinated by the SEGWAY along with relevant agencies in accordance with legislation. Article 19 (1) the document prepared by the proponent based on AMDAL regulations, by involving the community and based on the principle of awarding a transparent and complete information. 432 431 (2) involvement of the community in the form of public consultation on the community affected to be done with the right targets and implementation process should be documented. (3) the process of the implementation of community involvement that is documented as referred to in paragraph (2) was used as the attachment of documents submitted to the Commission the AMDAL Appraisers AMDAL Region as a basis for the assessment document AMDAL. (4) the giving of a transparent and complete information referred to in subsection (1) is carried out by the proponent as a responsible attempt through announcements in local print media and announcement to the local community through the distribution of pamphlets, written in the form of liflet or other media, which taped in public places and other places which can be easily accessed by the public. Article 20 (1) of document AMDAL Commission assessed by Appraisers AMDAL Area in accordance with the Authority set out in the laws-invitation. (2) the procedures for the assessment by the Commission of the regional AMDAL Appraiser is obligated to fulfill the requirements according to regulations. (3) the regional Amdal Commission Assessor as referred to in paragraph (1) was formed and established by the Governor with membership as follows: a. the Agency conducts the Affairs of the Government in the field of spatial area; b. the Agency conducts the Affairs of the Government in the field of the protection and management of the environment; c. the Agency conducts the Affairs of the Government in the field of investment; d. the Agency conducts the Affairs of the Government in the field of land areas; e. the Agency conducts the Affairs of the Government in the field of defence in the area; f. Agency which organizes the Affairs of Government in the health area; g. Government agencies and/or local government business wing and/or activity concerned; h. Government agencies, local government agencies and/or district/city that his Government Affairs related to the impact of efforts and/or activities; i. Government district/city; j. Environmental Studies Center; k. experts in the field related to the business plan and/or activities; b. experts in fields related to the impact of the business plan and/or activities; m. environmental organizations; n. impacted communities; and/or o. other elements as required. (4) the impacted communities as referred to in paragraph (3) the letter n is represented by a community representative selected by the people whose territory affected by business plans and/or activities. (5) the election and the determination of the representative of the community as referred to in paragraph (4) is carried out in conjunction with the implementation of a public consultation. (6) in addition to the community representatives chosen by the communities as referred to in paragraph (4), the representative of communities affected by business plans and/or activities can be represented by: a. Wali Nagari/village chief/Head; b. Indigenous Nagari Density; and c. the institution of community empowerment or the like. Article 21 (1) in carrying out its task, the Commission is assisted by the regional Amdal Evaluator technical team consisting of independent experts who do technical studies and the Secretariat. (2) technical team referred to in paragraph (1) was formed and established by the Governor. Article 22 Eligibility or impropriety of the environment established by the Governor on the basis of the results of the assessment of the regional AMDAL Commission Assessment in accordance with the legislation. Article 23 (1) preparation of the AMDAL for businesses and/or activities of the weak economy impacting on the environment helped by local governments in accordance with the legislation. (2) help drafting the AMDAL referred to in subsection (1) in the form of facilitation, cost, and/or preparation of AMDAL. 434 433


Paragraph 6-UKL UPL section 24 (1) every effort and/or activities not included in the mandatory criteria AMDAL as stipulated in article 18 are required to have the UKL-UPL. (2) the type of business and/or activities that must be equipped with UKL-UPL referred to in subsection (1) is designated by the Governor in accordance with the legislation. (3) the examination of the above form UKL-UPL implemented by SEGWAY with the involvement/relevant agencies in the area. (4) the results of the examination referred to in subsection (3) in the form of recommendations UKL-UPL published by the Governor. (5) Publishing recommendations UKL-UPL referred to in subsection (4) may be exercised by the head of the SEGWAY. (6) the preparation of UKL-UPL for the weak economy in the form of facilitation, cost, and/or technically assisted by local governments. Article 25 attempts and/or activities that do not include effort and compulsory activities/UKL UPL-equipped as referred to in article 24 paragraph (2) is required to make SPPL. Paragraph 7 Licensing Article 26 (1) any business and/or activities that are required to have the AMDAL or UKL-UPL mandatory environmental clearances. (2) an Environmental Permit for a business and/or activities that are required to have the AMDAL or UKL-UPL referred to in subsection (1) is published by the Governor. Article 27 (1) every application for the environmental permit is mandatory and the decision announced by the Governor. (2) the announcement referred to in subsection (1) is carried out in a way that is easily recognised by the community. Article 28 (1) the Environmental Permit was required to obtain a business license and/or activities. (2) in terms of the environmental permit is revoked, then the business license and/or activities cancelled. (3) every effort and/or changing activities, in charge of the effort and/or obligatory updating environmental permit activity. (4) the procedures for the issuance of the environmental permit is carried out in accordance with the legislation. Paragraph 8 of the Environmental Economic Instrument of article 29 (1) in order to preserve environmental functions of local government is obligated to develop and implement economic instruments for the environment. (2) Economic Instruments for the environment as referred to in subsection (1) include the following: a. development planning and economic activities; b. funding environment; and c. the incentive and/or disincentive. (3) the Form and shape of each of the environmental economic instruments as referred to in paragraph (2) was carried out in accordance with the legislation. Paragraph 9 of the budget-driven environment of article 30 (1) local governments and PARLIAMENT to allocate a sufficient budget to finance the activities of the protection and management of the environment. (2) the Allocated budget as referred to in subsection (1) is adjusted with the financial capability of the region. Paragraph 10 of the environmental risk analysis of article 31 (1) every effort and/or activities that potentially impact on environment, ecosystems and threats to life, and/or the health and safety of man is obligated to conduct environmental risk analysis. (2) environmental risk analysis as referred to in subsection (1) includes: 436 435 a. study of risk; b. risk management; and/or c. risk communication. (3) further Provisions regarding environmental risk analysis is set by regulation of the Governor in accordance with laws-invitation. Paragraph 11 of the Environmental Audit of article 32 (1) of the Environmental Audit include: a. voluntary environmental audits; and b. environmental audit is required. (2) the Governor in charge of pushing attempts and/or activities for voluntary environmental audit as referred to in paragraph (1) letter a in order to improve the environmental performance in accordance with the legislation. (3) the required environment Audit referred to in subsection (1) letter b put in place to: a. efforts and/or certain high-risk activities towards the environment; and/or b. in charge of the effort and/or activities that show disobedience against the legislation. (4) Environmental Audit is required as referred to in paragraph (2) letter a is performed periodically. (5) the Governor may propose implementation of environmental audit is required as referred to in paragraph (3) the letter b in accordance with the legislation. The second part of the response to article 33 (1) every one who commits the pollution and/or destruction of the environment, the obligatory contamination countermeasure and/or damage to the environment. (2) the Pollution Prevention and/or environmental damage referred to in subsection (1) is carried out by: a. the giving of information pollution warnings and/or damage to the environment to the community; b. insulation pollution and/or damage to the environment; c. termination of the source of the contamination and/or damage to the environment; and/or d. any other means that comply with the development of science and technology. (3) disaster-prone Area, upstream of the river and the conservation area is an area that is prioritized in pollution prevention and/or damage to the environment. (4) the Pollution Prevention and/or environmental damage as referred to in paragraph (2) was held in accordance with the legislation. The third part of the recovery of article 34 (1) every one who commits the pollution and/or destruction of the environment, the obligatory environmental function recovery. (2) the restoration of the functions of the environment as referred to in subsection (1) is carried out by stages: a. cessation of the source of the contamination and cleaning elements of polluters; b. remediation; c. rehabilitation; d. restoration; and/or e. any other means that comply with the development of science and technology. (3) the restoration of the functions of the environment was held in accordance with the legislation. (4) disaster-prone Area, upstream of the river and the conservation of the degraded quality of the environment is a priority area in recovery efforts. Article 35 (1) the Governor authorized force in charge of the effort and/or activity to do recovery of environment pollution and/or destruction of the environment that he did. (2) the Governor may appoint or authorized third parties to undertake the restoration of the environment pollution and/or destruction of the environment that he did over the burden of the cost of the person in charge of business and/or activities. 438 437 Article 36 (1) the environmental permit Holder referred to in Section 26 subsection (1) is obligated to provide funds to guarantee the recovery of the functions of the environment. (2) guarantee Funds deposited at the bank or the bank of local government appointed by the Governor in accordance with the provisions of the legislation. (3) the Governor may designate a third party to perform the recovery of the functions of the environment with the use of funding guarantee. (4) provision of more about the mechanism of the guarantee fund is regulated by regulation of the Governor in accordance with laws-invitation. Chapter V MAINTENANCE of article 37 (1) of the environmental Maintenance is carried out through the efforts of: a. conservation of natural resources; b. backup natural resources; and/or c. preservation function of the atmosphere. (2) in addition to the efforts referred to in subsection (1), maintenance of the environment should also pay attention to: a. regional environmental issues; b. balance between utilization and conservation of natural resources; and/or c. local wisdom community. (3) environmental Issue areas as referred to in paragraph (2) letter a include forests, water and disaster as well as other issues that developed that provide important environmental impacts. (4) a balance between utilization and conservation of natural resources as referred to in paragraph (2) letter b was done so that the sustainable use of natural resources still consider power support and capacity of the environment. (5) the local wisdom of the community as referred to in paragraph (2) Letter c is done in order to maintain and utilize spaces is based on the philosophy of nature takambang so teachers. CHAPTER VI WASTE MANAGEMENT HAZARDOUS MATERIALS and TOXIC Article 38 (1) every one who commits waste management mandatory permission from B3 the Governor in accordance with the legislation. (2) if any person referred to in subsection (1) is not able to perform their own waste management B3, management was handed over to another party who already have permission. (3) the granting of a waste management permit B3 referred to in subsection (1) include the following: a. the collection of waste, unless provincial scale B3 oil lubrication/oil scars; and/or b. waste collection recommendations B3 oil lubrication/oil container. (4) the Governor is obligated to include environmental requirements that must be met and duties that must be obeyed in B3 waste Manager permissions. (5) the decision of granting the permission referred to in subsection (3) mandatory announced on media which is easily accessible by the public. (6) implementation of B3 waste management is carried out in accordance with the legislation. Article 39 in addition to the authority of the Governor in the B3 waste management as referred to in article 38 paragraph (3), the Governor also is authorized to: a. supervision of the implementation of the waste management B3 scale province; b. supervision of the implementation of the recovery of the waste pollution B3 on the scale of the provinces; c. oversight of the implementation of the emergency response system of provincial scale; and/or d. supervision of waste management accident countermeasure B3 scale province. Article 40 further Provisions regarding the procedures, requirements and waste management licensing mechanism B3 as stipulated in article 38 and article 39 are governed by regulation of the Governor. Article 41 (1) every person is prohibited from doing the dumping of waste and/or materials to environmental media without permission. 440 439


(2) the Measures referred to in paragraph (1) can only be done with permission from the Governor in accordance with laws-invitation. (3) Measures referred to in paragraph (1) can only be done at a location has been determined. (4) the provisions concerning the implementation of further dumping is controlled by Regulation of the Governor in accordance with the legislation. CHAPTER VII INFORMATION SYSTEM Article 42 (1) local government develop environmental information systems to support the implementation and development of policy for the protection and management of the environment. (2) the development of environmental information systems directed to: a. information systems, integrated and connected with the district/city; b. information systems accessible to the public; c. traditional communication that develops in local communities; and/or d. granting of environmental information via the education both formal and informal. (3) the type of communication that develops in a traditional local communities which can be developed as a system of environmental information referred to in paragraph (2) Letter c, among others, the following: a. through the local folk art; b. through Dawah delivered by clerics on its residents; c. delivery through announcements by mosques, surau and/or constrained before religious activity begins; d. through activities or cultural bagurau pantun reciprocated; and/or e. delivery by community leaders on child friendly activities and/or the village. Article 43 (1) the environmental information referred to in Article 42 contains the least amount of information regarding the status of the environmental disaster-prone areas, the maps, the implementation of MSS field environment, ecological character, diversity and other environmental information. (2) the granting of environmental information is exercised based on the type of information of its nature include: a. information provided compulsory and announced periodically; b. mandatory information promulgated immediately; c. information that must be available at all times; and/or d. information excluded. (3) On disaster-prone regions, local governments prepare environmental emergency response information system which can be accessed quickly. (4) implementation of environmental information system based upon legislation. CHAPTER VIII RIGHTS and OBLIGATIONS Part One Rights Article 44 everyone is entitled to a good environment and healthy as part of human rights which include: a. the right of environmental education, access to information, participation, access and access to justice in environmental management and protection; b. rights submits the proposal and/or objections to the business plan and/or activities that may give rise to an estimated impact on the environment; c. the right to play a role in the protection and management of the environment in accordance with the regulations; d. right of complaint alleged pollution due to perform and/or destruction of the environment; e. rights to get service in the protection and management of the environment; and/or f. a right gained coaching in order to carry out the activities and/or business good and environmentally. Article 45 every person who fought for the rights to a good environment and healthy can't be prosecuted in a criminal or civil litigation are sued. Part two Obligations Article 46 any person liable: a. maintaining sustainability of environmental functions and control the pollution and/or damage to the environment; 442 441 b. preserving local wisdom and menumbuhkembangkan communities in the protection and management of the living environment that is already contained in or about the location of the business plan and/or activities; c. conduct land use by observing local wisdom and paying attention to the specific characteristics of a region; and d. to preserve the quality of the local wisdom values environment and preventing the degradation of the quality of local wisdom values. Article 47 any person doing business and/or activities shall be obliged to: a. provide information related to the activities of the environmental management and protection are true, accurate, and timely; b. implementing the management and monitoring of the environment as a whole and consistent compliance with environmental permits; and/or c. maintaining and preserving the survival tree ecosystem andalas (Morus macroura) as the identity of the flora of the area and pheasant (Argusianus argus) as the identity of the fauna of the region. Article 48 Every environmental permit holder shall be obliged to: a. comply with the requirements and obligations contained in the environmental permit and the permit for the protection and management of the environment; b. make and submit a report of implementation periodically every 6 (six) months against requirements and liability and an environmental permit to the Governor; and c. provide a guarantee fund for the recovery of the functions of the appropriate environmental legislation. CHAPTER IX MINIMUM SERVICE STANDARD of article 49 (1) of the environmental field of SPM is the basic services the field of the environment. (2) the local government held a service in the field of the environment in accordance with SPM Environmental Fields that have been defined in accordance with the legislation. Article 50 (1) the Governor is responsible for organizing services in the field of the environment in accordance with SPM Field environment. (2) the Organization of the Ministry in the field of the environment as referred to in subsection (1) for operations carried out by SEGWAY. (3) planning, crafting a SEGWAY the achievement and implementation of the environmental Field and SPM report the results of the achievement of the performance application of SPM Environmental Field to the Governor. (4) the SEGWAY can establish plan achievement and application of SPM Field Environment faster and appropriate time limit the capability and potential of the region. CHAPTER X COMMUNITY ROLE of article 51 (1) the community has the right and the existence of equal opportunities and to play an active role in the protection and management of the environment. (2) the role of the community as referred to in paragraph (1) may include: a. the social supervision based on local wisdom; b. the giving of advice, opinions, the proposal, objections, complaints; c. submission of information and/or reports; d. do the protection and management of the environment independently; and/or e. reinforcement of local wisdom that has evolved in the protection and management of the environment into the rules that apply in the environment of the local community. (3) the role of the community is conducted to: a. raise awareness in environmental protection and management; b. enhancing the independence, keberdayaan society, and partnership; c. menumbuhkembangkan ability and pioneering community; d. menumbuhkembangkan ketanggapsegeraan society for social surveillance; and/or e. develop and maintain the cultural and local wisdom in order of protection and management of the environment. 444 443


CHAPTER XI the COOPERATION AREAS of article 52 (1) to maintain the balance of environmental quality on ecosystems upstream and downstream, the Governor can conduct cooperation in the environmental field with: a. the other provincial governors by involving each of the Bupati/Walikota related; and/or b. the Bupati/Walikota residing in another province by engaging provincial Governor concerned. (2) in addition to the cooperation referred to in paragraph (1), the Governor can conduct cooperation in the environmental field with third parties in order for the protection and management of the environment. (3) cooperation in the field of the environment can be realized in the form of a commitment to maintain the quality of the environment and/or compensation mechanism/yield environmental services between regions. Article 53 the Governor can coordinate and facilitate cooperation between Bupati/Walikota and Bupati/Walikota with third parties in order for the protection and management of the environment. CHAPTER XII COACHING and SUPERVISION Article 54 (1) local governments do coaching against: a. implementation of policies, rules and regulations of the area head of County/City; b. the obedience of the person in charge of business and/or activities against environmental and licensing provisions of the regulations in the field of the environment; and/or c. drafting program and environmental activities in kabupaten/kota. (2) the construction referred to in subsection (1) is carried out by means of: a. education and training as well as technical guidance; b. the application of norms, standards, procedures and/or criteria of the field of the environment; c. socialization; and/or d. monitoring evaluation to the kabupaten/kota Governments. (3) in the course of construction, the local Government can provide: a. motivation and stimulation to the society for the protection and management of the environment; and/or b. Award in the field of the environment to the community, in charge of the effort and/or activities as well as Bupati/Walikota. Article 55 (1) Governor to conduct surveillance against obedience in charge of the effort and/or activity upon the provisions of the legislation in the field of the protection and management of the environment and environmental licensing. (2) in addition to the supervision referred to in subsection (1), the local governments also conduct surveillance against: a. implementation of policies, rules and regulations of the area head of County/City; and/or b. implementation of environmental programs and activities in kabupaten/kota. (3) Supervision as referred to in paragraph (1) and paragraph (2) is done through monitoring, monitoring and evaluation of Government's kabupaten/kota and/or in charge of the effort and/or activities. (4) the Governor may delegate those powers in conducting surveillance to officials/responsible technical agencies in the field of the protection and management of the environment. (5) in exercising supervision, the Governor sets the supervisory officials of the environment which is a functional official. (6) Supervisory Officials of the environment as referred to in paragraph (5) carry out duties and the authority according to legislation. (7) in charge of the effort and/or activities prohibited to impede the execution of the duties of a supervisory official of the environment. Article 56 further Provisions regarding the implementation of coaching and supervision as referred to in article 54 and article 55 set by regulation of the Governor. CHAPTER XIII the ADMINISTRATIVE SANCTIONS Article 57 (1) every person who commits violation of the provisions of article 47 and article 48 imposed administrative sanctions. 446 445 (2) administrative Sanctions referred to in subsection (1) include the following: a. a written reprimand; b. coercion of the Government; c. freezing of the environmental permit; or d. the revocation of the environment. (3) administrative Sanctions referred to in paragraph (1) was carried out in accordance with the legislation. Article 58 administrative Sanctions referred to in Article 57 did not free the person in charge of business and/or activity of recovery and criminal responsibility in accordance with the laws – invitation. CHAPTER XIV the ENVIRONMENTAL DISPUTE RESOLUTION Article 59 (1) of the environmental dispute settlement can be reached through the courts or out of court. (2) environmental dispute resolution options are done voluntarily by the parties to the dispute. (3) a lawsuit through the courts can only be taken if the dispute resolution efforts outside the chosen court is declared unsuccessful by one of the parties to the dispute. Article 60 (1) of the environmental dispute resolution outside the Court were made to reach agreement on: a. the form and magnitude of the indemnification; b. pollution recovery actions and/or destruction; c. specific actions to guarantee will not be a recurrence of the pollution and/or destruction; and/or d. action to prevent negative impact on the environment. (2) resolution of disputes outside of the courts referred to in paragraph (1) to give priority to the principle of consensus based discussion to order value of customary law society of Minangkabau "adat basandi syarak, syarak basandi book" (the indigenous bersendikan religions and religious bersendikan the book) and the order of the values of the society in other common law jurisdictions West Sumatra. (3) the principle of consensus discussion as referred to in paragraph (2) is done through the mechanism of the prevailing custom. (4) when the environmental disputes as referred to in paragraph (2) are on two or more district/city, then dispute resolution environment facilitated by local governments. (5) in the case of the environmental dispute resolution referred to in subsection (3) and subsection (4) does not reach an agreement, then it can use the services of the mediator and/or arbitrator to help settle environmental disputes. (6) the Mediator and/or arbitrator referred to in subsection (5) is more preferred to have a mastery and understanding of the value of the order to the local customary law community. (7) resolution of disputes outside of the Court do not apply to criminal acts under environmental laws-invitation in the protection and management of the environment. Article 61 (1) the society may form dispute resolution service providers for the environment that is free and does not take sides. (2) local governments can facilitate the establishment of the institution of dispute resolution service providers for the environment that is free and does not take sides. (3) the establishment of the institution of dispute resolution service providers for the environment as referred to in paragraph (2) was carried out with based on the legislation. CHAPTER XV Article 62 Implementation FUNDING protection activities and environmental management by local Governments contained in the Regulation of this area is charged to the budget of income and Expenditure Area of West Sumatra and/or the assistance of a third party that is not binding in accordance with the legislation. CHAPTER XVI TRANSITIONAL PROVISIONS Article 63 environment Documents have approval prior to the enactment of Regulations in this Area, stated remains valid and used interchangeably as Permission of the environment. 448 447


CHAPTER XVII the CONCLUDING PROVISIONS of article 64 of the regulation at the time of this area came into effect: a. all legislation is the regulation of implementation of local regulations No. 4 in 1989 about the management and preservation of the environment (Gazette I Dati Provinces of West Sumatra in 1990 Number Sort 2 series C-1), was still valid or not does not contradict all replaced with new regulations based on the regulation of this area; b. Regulatory region number 4 in 1989 about the management and preservation of the environment (Gazette I Dati Provinces of West Sumatra in 1990 Number Sort 2 series C-1), was revoked and declared inapplicable. Article 65 of the regulation of this area comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of regulations in this Area with its placement in the sheet Region of West Sumatra. Set the field on 17 December 2012 WEST SUMATRA GOVERNOR IRWAN PRAYITNO dto Enacted in the field on 17 December 2012 SECRETARY of WEST SUMATRA dto ALI ASMAR SHEET REGION of WEST SUMATRA in 2012 number 14 EXPLANATION for WEST SUMATRA AREA REGULATION number 14 in 2012 on the PROTECTION and MANAGEMENT of the ENVIRONMENT i. General the Constitution of 1945 Article 28 h in principle has stated explicitly that every person has the right to earn a good living environment and healthy, this means that local governments should also undertake various efforts in the field of the protection and management of the regional environment in order to realize the mandate of the Constitution. All these efforts made the Government the area has to be done on an ongoing basis with a clear purpose and direction i.e. in order to realize human rights in order to get a good environment and healthy. In practice, the environment as a gift of God That Esa has also been utilized as a natural resources that benefit economically and used to increase the income of the region in order to improve the welfare of society. However it is also undeniable that the development activity in the area to contain the risk of the occurrence of pollution and environmental damage, so as to maintain the quality of the environment required a protective measures and environmental management a comprehensive, integrated and sustainable to ensure the implementation of the regional development which is environmentally. West Sumatra Province have areas with special characteristics and typical local wisdom in managing and protecting the environment. The principle of the protection and management of the environment is reflected in the local wisdom of the community of West Sumatra expressed in the saying "nature takambang so teachers" (nature created for teachers) and do the utilization of natural resources follow the wisdom. In the use of space for example need to understand terms such as: "nan software in planting baniah, nan kareh dibuek fields, nan bancah palapeh ganangan fish katabek, itiak, the airy bakeh taranak" (the software planted seeds, hard created field, which tarnish the place let go ducks, which are inundated for fish ponds, pasture fields for farming). 450 449 Protection and management of the environment can only be maintained if there is sufficient understanding of the uniqueness and distinctive nature of the ecosystem that is so diverse. Local wisdom as expressed above was created from long observation and hereditary against each of the ecosystems. Therefore there is empirical and scientifically excuse enough for use in environmental management division known detail about the aquatic and forest ecosystems in the culture of the community of West Sumatra. As a province with a relatively hilly topography is mountainous and very risky for the people and the Government of the province of West Sumatra to undertake the exploitation of natural resources such as mining extractive in nature and utilization of forest products timber. Therefore, the area is also drawn up Regulations to encourage the realization of provincial conservation that is a province in the implementation of the development of a stronger emphasis on the primacy of human resource and the sustainable utilization of natural resources. The sustainable utilization of for example the utilization of environmental services such as ecotourism, water power plant, utilization of non wood forest products and educational services. In addition to the above matters with the promulgation of Act No. 32 of 2009 on the protection and management of the environment, then the new settings required in the field of the protection and management of the environment in areas that are adapted to the matter and substance of the legislation. The rules of the old Area i.e. the area Rule number 4 in 1989 about the management and preservation of the environment is no longer in compliance with the new legislation and also not in accordance with the principles and material charge protection and environmental management. The charge of the material Rules this area among other things include the scope of planning, utilization, control, maintenance, construction and supervision and law enforcement. Planning on drafting of the Regional RPPLH been concerned that is directed to create a good regional environment and healthy but still incorporate the principles of the community's regional local wisdom in managing and protecting the environment. In part it is also asserted that the utilization and management of protection of the environment should be carried out in accordance with the RPPLH Area still pay attention to the values of local wisdom. Likewise in the control, maintenance, construction and supervision and law enforcement environment, all based on Act No. 32 of 2009 and also retaining the values of local communities in the areas of indigenous knowledge in managing and protecting the environment. Some of the new material is set out in Rule this region i.e. minimum service standard, among others, the areas of environment, regional cooperation in the field of the environment and the resolution of disputes outside the courts apply the local wisdom of existing systems and customs that have been inherent in the life of the local community. Considering the ecosystem will be protected and managed in accordance with the primary purpose of drafting local regulations is ecosystems that are cross-border Administrative Regulations, then this area is intended to also be a Regulatory region that will become the overarching goals and reference for the determination of rules of protection and management of the environment in the district/city level. Sustainability of ecosystem functions of rivers and Lakes for example requires the utilization of which are cross-city and cross county which is the authority of the province. II. For the SAKE of ARTICLE ARTICLE article 1 is pretty clear. Article 2 paragraph (1) letter a is the principle of sustainability and sustainability is that everyone assume obligations and responsibilities towards future generations and towards his fellow man in a generation with power conservation efforts support ecosystems and improve the quality of the environment. The letter b is a basis of harmony and balance is that the utilization of the environment should pay attention to various aspects such as the importance of economic, social, cultural, and protection and preservation of ecosystems. The letter c is the basic alignment is that the protection and management of the environment is done by blending various elements or menyinergikan various related components. The letter d is the basic benefit is the protection and management of the environment not only meant the preservation of environmental aspects solely, but rather there is the added value of "maintenance of assets and resources 452 451


That is the basis of the local wisdom is that in the protection and management of the environment should pay attention to the lofty values that apply in the public life of West Sumatra. natural "sustainable development as capital of West Sumatra. The letter e is the principle of prudence is that uncertainty about the impact of a business and/or activities because of lack of mastery of science and technology is not a reason to delay measures to minimize or avoid threats against pollution and/or damage to the environment. The letter f is the principle of Justice is that the protection and management of the environment should reflect justice proportionately for any society of West Sumatra good cross-generational as well as cross-gender. The letter g is the basis of the ecoregions was that protection and environmental management should pay attention to the characteristics of natural resources, ecosystems, ecology, cultural society of West Sumatra, and local wisdom community. The letter h is the principle that the protection of biodiversity and environmental management must pay attention to the concerted effort to maintain the existence, diversity, and sustainability of natural resources biodiversity of vegetable and natural resources natural resources animal along with the nonhayati element of the overall form of the surrounding ecosystems. The letter i is the principle of polluters pay is that each person in charge who ventures and/or its activities pose contamination and/or damage the environment compulsory bear the costs of the restoration of the environment. The letter j is the participatory principle is that any members of the public are encouraged to play an active role in the decision-making process and the implementation of protection and management of the environment, either directly or indirectly. The letter k Letter l is the basis of good governance is that the protection and management of environment imbued by the principles of participation, transparency, accountability, efficiency, and fairness. The letter m is the basis of the autonomous region is that the local Government of West Sumatra can manage their own affairs and take care of the Government in the field of the protection and management of the environment by observing local wisdom that does not conflict with the rule of higher. Subsection (2) is a philosophy of nature takambang so teachers (nature created for teachers) was a minangkabau society point of view shows how against the very essence of everything that exists or happens on the Earth's surface, either as a natural process as well as result of human action is a follow-up lesson to be taken for the considerations behind the survival of mankind. The letter a is a wise principle character is the character of the community of West Sumatra which puts raso jo pareso (taste and feeling) and having consideration for the interests of the people and the environment. The letter b is a basis for discussion and consensus is a form of democratization of Minangkabau society "bulek kato deck conciliating, bulek aie deck pambuluah" (round, round consensus said because of the water due to the vessels) in decision making related to the protection and management of the environment. The letter c is the basis of customary rights and respect customary law society is a society of West Sumatra in any activity utilizing sustainable natural resources committed by upholding the order of values and norms of customary law. 454 453 letter d is the basic attitude of consciousness is growing from within the community of West Sumatra to carry out protection and management of the environment as a responsible society in the interest of future generations. The letter e is the principle of togetherness is the affirmation of the principle of "light dijinjiang samo, samo dipikua barek" (light in the same dijinjing, same weight bear) in the conduct and management of protection of the environment is not just the responsibility of the Government but of all elements of society to provide support. Article 3 is quite clear. Article 4 is quite clear. Article 5 is quite clear. Article 6 is quite clear. Article 7 letter a is the diversity of character and ecological function is typical and specific area with a wealth of diverse nature. The diversity of characters and ecological functions of natural areas that uniqueness is formed by itself including the uniqueness of the flora, fauna and ecosystems as well as the specificity of physical aspects in the form of conditions of geomorphology, topography, hydrology, fisiografi and others. The ecological function as buffer land and water, biological resources and biodiversity, as well as a climate buffer and socio-economic life. The letter b include natural resource potential of forest resources and biodiversity, natural resources, marine mining and natural resources energy, water and natural resources in the social and cultural resources. The letter c of the scattered population and source of pressure was a factor that influenced and affected the quality of the environment. The letter d is the local wisdom is the habit of local people who have become public awareness since the beginning so that the environment is maintained. The letter e represents the aspiration the aspiration of the Community area that rests on the principle of consensus discussion. Letter f climate change is a change in the climate component, i.e. temperature, rainfall, institutional, evaporating, direction and wind speed as well as perawanan. The disaster-prone areas of the letter g covering an area of potentially catastrophic occurrence whether caused by natural or human activities. The disaster-prone areas include the region prone to landslides, tidal wave, flood, earthquake and the geology of the region and gives protection against ground water. Article 8 paragraph (1) letter a is quite clear. The letter b is quite clear. The letter c is quite clear. The letter d is the adaptation and climate change is an effort/adjustment action themselves against climate change conditions that occur (focused on sectors that are considered vulnerable to climate change, such as in coastal areas, water resources, human health, agriculture and infrastructure. 456 455 is the climate change mitigation is the effort/action to reduce the causes of the occurrence of climate change both in the energy sector, industry, transport, forestry and others. Examples of mitigation: waste management, reduce the use of plastic, controlling the use of BPO, GRK emission reduction and others. Paragraph (2) letter a is quite clear. The letter b is the customary law community interests in the management of natural resources is the rights of local community natural resources owned and maintained as long as it has become a habit, even have been widespread, such as ownership of land which would have been used as their customary over the years. Article 9 is quite clear. Article 10 paragraph (1) is quite clear. Subsection (2) is quite clear. Paragraph (3) a grant of permission against businesses and/or activities that could potentially lower the environmental functions of forest resources and water environmental issues to pay attention to other areas that have an important impact as well as reduce the risk of disaster, as far as possible be done cautiously and backed up with in-depth studies. Letter b Surveillance against business activities and/or activities that directly borders on or is in a protected area needs to get serious attention and done intensively. The letter c is quite clear. The letter d is meant by local wisdom that develops in a society is a great value in force in people's lives, among others, to protect and manage the environment sustainably. Subsection (4) is quite clear section 11 is quite clear. Article 12 is quite clear. Article 13 paragraph (1) is the provincial conservation is an administrative region which hosts the development based on sustainable use, protection buffer system of life, the preservation of biological resources, which are defined based on a particular krieria. Paragraph (2) letter a is the change of forest vegetation and land cover was an effort in the area of coaching, supervision and policy regarding conservation of the protected areas of functioning and control of environmental degradation and the handling of climate change adaptation. The letter b is the impact of the decline in water quality is declining levels of water quality parameters. The letter c is the quantity of water surface fluctuations between wet season and the dry season is the difference maximum and minimal discharge of a river or lake water face height difference. The letter d is the vulnerability to environmental disasters i.e. include vulnerability to catastrophic landslides, tidal wave, flood, earthquake and geology. Geology and earthquake disaster vulnerability include vulnerability to geological nature reserve area, the disastrous eruption of 458 457


volcanoes, earthquake, ground motion, tsunami, abrasion and active fault. The letter e is the environmental issue which has an impact on other areas of importance is the issue of who would later arise in addition to forests, water and disaster but very influential towards the protection and management of the environment of the region. Article 14 paragraph (1) is quite clear. Paragraph (2) the need for consideration of aspects of disaster mitigation efforts is due to anticipation in reducing disaster risk, given the areas of West Sumatra who is prone to disaster. The provision of space for disaster mitigation, among others, such as for the path of the evacuation, evacuation location (place of exile/gathering of the community in the event of a catastrophe), area-an area that needs to be maintained to reduce the occurrence of potential disasters, and others, need to be allocated early and terakomodasi in spatial planning (RTRW), so not all of the area of cultivation on RTRW termanfaatkan runs out for cultivation activities, meaning that there is some space in the area of cultivation that is provided for the purposes of disaster mitigation. Article 15 paragraph (1) is quite clear. Subsection (2) is quite clear. Paragraph (3) which is the raw waste water quality workshop activities, among others, is a raw quality to servicing vehicles, workshop vehicles, as well as washing and replace the lubricating vehicles that could potentially pollute water sources or media particularly water river in kabupaten/kota in West Sumatra that its activities mostly do not have waste water treatment Installations (IPAL). Subsection (4) is quite clear. Subsection (5) is the quality of the raw water of the Lake and lake water quality criteria is the Lake and the Lake that are assigned based on zoning, layers depth and specific character of specificity/Lake and Lake in West Sumatra. Subsection (6) is quite clear. Paragraph (7) is quite clear. Article 16 is quite clear. Article 17 is clear enough. Article 18 paragraph (1) is quite clear. Subsection (2) is quite clear. Paragraph (3) is quite clear. Subsection (4) is the related institutions is relevant: aspects of the disaster, and spatial planning. Article 19 paragraph (1) of document AMDAL consists of documents terms of reference of the environmental impact analysis (KA-RELIABLE), Environmental impact analysis document (RELIABLE), the Environmental management plan document (RKL) and document the Environmental Monitoring Plan (RPL). Subsection (2) is quite clear. Paragraph (3) is quite clear. Paragraph (4) the giving of information through announcements intended to get feedback from the community in the form of advice, opinions and challenges against the environmental impact that may arise from the business plan and/or activities. 460 459 article 20 is quite clear. Clause 21 is quite clear. Section 22 is quite clear. Article 23 is quite clear. Article 24 paragraph (1) is quite clear. Subsection (2) is quite clear. Paragraph (3) is the Office/relevant agencies in the area is the responsible government agencies/wing efforts and/or activities that will be carried out or authorized agencies doing coaching and/or surveillance against businesses and/or activities. Subsection (4) is the recommendation of UKL-UPL is a letter of approval and/or rejection of an undertaking and/or obligatory UKL-UPL. Subsection (5) is quite clear. Subsection (6) is quite clear. Article 25 is quite clear. Article 26 subsection (1) any business and/or activities that are required to have the AMDAL refers to regulation of the Minister of the environment and for business and/or activities that are required to have the UKL-UPL refers to the Regulations of the Governor who set them up. Subsection (2) is quite clear. Article 27 is quite clear. Article 28 is quite clear. Article 29 is pretty clear. Article 30 subsection (1) is a sufficient budget is allocated a budget of decent, reasonable and in accordance with their needs. Subsection (2) is quite clear. Article 31 is quite clear. Article 32 paragraph (1) is quite clear. Subsection (2) is quite clear. Paragraph (2) letter a is a business and/or high-risk activities towards the environment is a business and/or activities in case of an accident and/or emergencies pose a great impact and influence on human health and the environment such as petrochemicals, oil and gas refineries, and nuclear power plants. 462 461 Letter b is quite clear. Subsection (4) is quite clear. Subsection (5) is quite clear. Article 33 subsection (1) is quite clear. Subsection (2) is quite clear. Paragraph (3) which included conservation area is the area of the Sanctuary of nature, a nature reserve, a nature Park and the national parks of Kerinci Sebelat (TNKS). To maintain this area in a way doing the rehabilitation of the region, such as through tree-planting activities, safeguarding, coaching and counseling. Subsection (4) is quite clear. Article 34 is quite clear. Article 35 is quite clear. Article 36 is quite clear. Article 37 paragraph (1) is quite clear. Subsection (2) is quite clear. Paragraph (3) is another issue that developed that provide important environmental impact are issues that would later arise in addition to forests, water and disaster. The issues related to coastal and sea and air. Environmental issues can be developed in accordance with changes in the environment. Subsection (4) is quite clear. Subsection (5) is a philosophy of nature takambang so teachers (nature created for teachers) in order to utilize space and maintain environmental functions is the attitude and the way society of Minangkabau in utilizing space in accordance with the allocation, this has long been embraced by the community of the policy, as expressed in the phrase that had been widespread in Minangkabau, namely: "Nan data ka parumahan ka pakuburan Sunday, nan tabiang, nan, nan bamboo planted ka lereang ka planted taboo, nan bancah ka planted rice, nan lakuak ka puddle kabau, nan rawang itiak bataranak ka "(a flat to the housing, the Sunday to the cliffs, a necropolis for the slopes of bamboo planted to sugar cane is grown, the tarnish to the rice planted, which dent/concave for a Buffalo wallow, the swamp for livestock ducks). Article 38 paragraph (1) is quite clear. Subsection (2) is quite clear. Paragraph (3) is quite clear. Subsection (4) is quite clear. Subsection (5) is the media which is easily accessed by the public is among other things the Bulletin Board at the environmental agency, the Bulletin Board at the agencies/related sectors, the Bulletin Board on site business and/or activities, the Bulletin Board in the Office of the Wali Nagari/Head/village chief near the location of businesses and/or activities as well as copies of the decision letter to the parties concerned. 464 paragraph (6) is quite clear. Article 39 is quite clear. Article 40 is quite clear. 463 Article 41 is quite clear. Article 42 paragraph (1) is quite clear. Paragraph (2) letter a is quite clear. The letter b is quite clear. The letter c traditional Communication is usually more easily understood by the local people. Environmental information and messages delivered through traditional communication can be more familiar in the midst of local communities. For example a Tuo Rimbo will convey some messages to people who traditionally ask permission/advice-his time will enter the area of forest (forest). The message was generally in the form of what is possible when one is in the jungle (jungle), besides for the sake of safety is concerned, the General message of a more nuanced Rimbo Tuo maintain environmental functions. The letter d is quite clear. Paragraph (3) is quite clear. Article 43 paragraph (1) is quite clear. Paragraph (2) letter a is information that must be provided and announced periodically is information relating to the performance and environmental good financial reports carried out by a public body or any other institution that utilizes the Community Fund or foreign assistance for the benefit of the environment, such as information on the implementation of minimum service Standards (SPM), information on environmental recovery assistance to non-governmental organizations (NGOs) and others. The letter b is mandatory information promulgated immediately i.e. information relating to Stojanovic live crowds and harm ecosystems, such as jebolnya IPAL, an industry event of an oil spill and others. The letter c is the information that must be available at all times i.e. the information needed for the public interest especially in relation to social control, such as information on the implementation of the AMDAL. The letter d is exempt information i.e. information environment that when published will cause action crime environment, such as the theft of natural resources. Paragraph (3) is the environmental emergency response information system is an information system which is easily accessible and quickly accepted by the public, such as early warning systems use sirens, short messages (sms), and others. Subsection (4) is quite clear. Article 44 is quite clear. Article 45 is quite clear. Article 46 the letter a is quite clear. The letter b is quite clear. The letter c is the area that has certain characteristics are, among others, include:-the area which has endemic species, such as Lake Singkarak in Solok Regency, which has endemic fish (fish 466 465


bilih, Mystacoleucus Padangesis) and rare plants (plants dalu-dalu, Shalya tetrosperma roxb) on the edge of the Lake that helps fish spawning bilih. The areas have ecological vulnerabilities, such as in the city of Bukittinggi Sianok Canyon. Areas that have natural attractions that could serve as tourist attractions, such as the Beautiful Ngalau in Payakumbuh. The letter d is the "occurrence of degradation of the quality of local wisdom values for environment" is the occurrence of loss of quality and values of local wisdom that has been embraced and thrive on local communities in preserving the deceased in function of the environment, so the values, attitudes and behaviour that has become the culture and traditions of local communities may be endangered. For example: the existence of a ban on forest nagari, when there is an activity or action that causes the closed access to local communities can continue to maintain or keep the ban on forest sustainability, then the activity or action that has led to a decrease in the quality of the local wisdom of society in preserving the forest ban which could have resulted in a ban on forest punahnya nagari. This condition may occur on a plantation where previously HGU such acreage is the customary nagari where inside are the forest restrictions. Some other examples are analogous to the forest restrictions as described above may occur in the form of activity or other action. Article 47 is quite clear. Article 48 is quite clear. Article 49 paragraph (1) is the basic services the field of the environment is a kind of public services that are fundamental and inalienable to got environmental good and healthy in a sustainable way. Subsection (2) is quite clear. Article 50 is quite clear. Article 51 paragraph (1) sufficiently clear paragraph (2) letter a is a social supervision based on local wisdom is a surveillance mechanism is a form of local wisdom already executed/performed hereditary by local people who are affected by the socio-cultural values of customs on the basis of the understanding that nature is the source of life and place. For example: rimbo fish ban, ban, the obligation to plant a tree for every child surian nagari who would get married, etc etc. The letter b is quite clear. The letter c is quite clear. The letter d is quite clear. The letter e is the local wisdom that has evolved in the protection and management of the environment in West Sumatra are among others:-Tuo Rimbo is a socialite who is believed by the local people who considered the leadership/role model respected by society which is believed to lead in an activity and set certain rules that have been agreed jointly to safeguard forests in the framework of preservation of the environment. -Kampuang and Tuo Tuo Pasie is a socialite who is believed to lead the traditional ceremonies such as the ritual of Talisman and regulate the taking of mangrove wood, as there is still in the village of Sikabau sub-district of the Koto, Pasaman Barat Balingka. Sikabau village community until now still has rules prohibiting 468 467 took wood from mangrove forests except for the needs of timber to build houses. The taking of the mangrove wood for other purposes, can be done after getting the approval of the House of custom and Tuo Kampuang. This prohibition is based on the understanding of the local community about the function of mangrove forests that is home grown biaknya of fish and crabs. -The sharing of maintenance and utilization of the water is a habit that has been made hereditary by the public water users farmers to irrigate their rice fields with share/Group conducted by the local community in the form of passes, the system pickets and working together simultaneously. In addition to draining the rice fields they also clearing bandar strap and the environment around agricultural land in order to be clean to avoid pest rodents and other insects. The more important thing again is keeping the surrounding forests to protect the water source so that the drought did not happen so environmental functions can be maintained its existence and prevent the occurrence of land degradation and forests in order to avoid natural disasters such as floods and landslides. Paragraph (3) is quite clear. Article 52 paragraph (1) is quite clear. Subsection (2) is quite clear. Paragraph (3) the definition of "compensation/return environmental services" is a payment/convenience provided by the users of environmental services to the service provider environment. Article 53 is quite clear. Article 54 is quite clear. Article 55 is quite clear. Article 56 is quite clear. Article 57 is quite clear. Article 58 is quite clear. Article 59 is quite clear. Article 60 paragraph (1) is quite clear. Subsection (2) is quite clear. Paragraph (3) the applicable customs Mechanism in applying the principle of consensus in the deliberations of the environmental dispute resolution outside of court, can be described as follows:-If the environmental disputes are in one House, then Ninik Mamak or another name for the same function, according to the local Customs Act as the person who will resolve the dispute in the House. -In environmental disputes are on between the House in a single nagari and/or village, then completed by Ninik Mamak interbank or other names for the same function, according to the local customs with the facilitation of custom Density Nagari (RIGHT) or other similar institutions function according to local customs. -In environmental disputes are on and/or involving two nagari and/or village or more, then a solution through consensus discussion between RIGHT or other institutions function according to the same local customs with facilitated by district/city Governments. 470 paragraph (4) is quite clear. 469 paragraph (5) is quite clear. Subsection (6) is quite clear. Paragraph (7) is quite clear. Article 61 is quite clear. Article 62 is quite clear. Article 63 is quite clear. Article 64 is quite clear. Article 65 is quite clear. ADDITIONAL SHEET REGION of WEST SUMATRA in 2012 the NUMBER 80 471