Presidential Regulation Number 122 In 2012

Original Language Title: Peraturan Presiden Nomor 122 Tahun 2012

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Back COUNTRY SHEET Republic of INDONESIA No. 267, 2012 PRESIDENT REPUBLIC of INDONESIA REGULATION NUMBER 122 in 2012 ABOUT RECLAMATION in the COASTAL AREAS and small islands with the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: that in order to implement the provisions of article 34 paragraph (3) of Act No. 27 of 2007 about the management of the coastal areas and small islands, the need to establish the presidential regulation on Reclamation in the coastal areas and small islands;
Remember: 1. Article 4 paragraph (1) of the Constitution of the Republic of Indonesia in 1945;
2. Act No. 27 of 2007 about the basic lolaan the coastal areas and small islands (Gazette Republic of Indonesia Number 84 in 2007, Tam-slabs of materials of the Republic of Indonesia Number 5068);
Decide: define: PRESIDENTIAL REGULATION on RECLAMATION in the COASTAL AREAS and small islands.
CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the President is: 1. is the Reclamation activities performed by people in order to increase the benefits of land resources reviewed from an economic and social environment by means of pengurugan, drying or land drainage.
2. Dredging is an excavation activity or taking soil and bedrock either on land or under water. 3. Pengurugan is an activity of hoarding land and/or rock above ground level and/or rock.
4. Drying land is an activity that is done to alter aquatic and/or land became dry land by means of pumping and/or with drainage. 5. Drainage water streaming is a method of surface or ground water in order to be transformed into the waters of the land.

6. reclaimed Material is a material that is used for the purpose of reclamation.
7. Public Utilization Area is part of the coastal area which is set peruntukkannya for the various sectors of activity.
8. National strategic area is the area associated with State sovereignty, environmental control, and/or a world heritage site, the development of his priority for the national interest.
9. the coastal Disaster is an event due to natural events or by a person that cause changes in the physical properties and/or coastal biodiversity and lead to the loss of life, property, and/or damage in the coastal areas and small islands.
10. plan zoning is a plan determining the direction of resource use for each planning unit accompanied by the determination of the structure and pattern of the space on the planning area that contains activities that can be done and should not be done as well as activities that can only be made after obtaining permission.
11. The ecosystem is the unity of the community of plants, animals, and other organisms organisms and processes that link it in the form of balance, stability, and productivity.
12. The ratio of benefits and costs [(Benefit Cost Ratio (B/C-R)] is the value of a comparison between the benefits on the prevailing interest rate of the costs didiskontokan with the same interest rate for the duration of the implementation of the reclamation.
13. NET Value acquisition now [(Net Present Value (NPV)] is the difference between the value of the investment is now with the value net receipts in the future.
14. Interest rate of return [(Internal Rate of Return (IRR)] is calculating an interest rate that equates the present value of an investment with a present value of net receipts in the future.
15. the period of return on investment [(Return of Investment (ROI)] is a method for finding percentage (%) of the benefits of comparison of the cost of which will be dikeluar.
16. environmental impact Forecasts are forecasts influences of changes in the environment caused by the reclamation.
17. Economic Valuation of natural resources and the environment was the imposition of a monetary value against some or all of the potential of natural resources and the environment, in accordance with the objectives of its utilization. 18. people are those individuals and/or legal entities.
19. The Central Government, hereinafter referred to as the Government is the President of Indonesia that holds the Government of the Republic of Indonesia as a unitary State — where mentioned in the Constitution of the Republic of Indonesia in 1945.
20. Local Government is the Governor, bupati/walikota, and other areas as elements of penyelengara local governance. 21. The Minister is the Minister who organized a Government Affairs in the field of marine and fisheries.
22. environmental feasibility Decision is a decision stating the environmental feasibility of the business plan and/or activities that must be equipped with the analysis of environmental impact.
23. The recommendations of environmental management efforts and the efforts of the monitoring of the environment, hereinafter called recommendation UKL-UPL is a letter of approval issued by the Minister of the organizing Affairs of the Government in the field of the protection and management of the environment, the Governor, bupati/walikota correspond to those powers against business and/or activities required UKL-UPL.
24. the Environmental Permit is a permission that is granted to any person who is doing business and/or activities required analysis of the impact of the environment or UKL-UPL in order of protection and management of the environment as a prerequisite to obtain a business license and/or activities.
Article 2 (1) the scope of the Regulations the President include the planning and execution of the reclamation of coastal regions and small islands.
(2) Presidential regulation is excluded for reclamation at: a. the area of the working environment (DLKr) and the Regional Environmental Interests (DLKp) the main port and the port of Gatherer as well as in territorial waters of terminals;
b. location of the mining, oil, gas, and geothermal; and c. forest area in order to recovery and/or repair of a forest. (3) Reclamation cannot be done on conservation areas and flow of the sea.

RECLAMATION PLANNING CHAPTER II article 3 (1) of the Government, local government, and any person who will implement the mandatory reclamation planning rekla-masi.
(2) the reclamation Planning as mentioned in subsection (1) is carried out through: a. the determination of location;

b. preparation of the master plan;

c. feasibility study; and d. the preparation of design details.
Article 4 (1) the determination of a location referred to in article 3 paragraph (2) letter a is done based on the Zoning Plan of the coastal areas and small islands (RZWP-3-K) provincial, Kabupaten/Kota and/or Spatial Plan area (RTRW) national, provincial, Kabupaten/Kota.
(2) the determination of a location referred to in subsection (1) include the determination of: a. the reclamation site; and b. the location of the source material for reclamation.
(3) the determination of the location of the reclamation and site reclamation material sources referred to in subsection (2) mandatory posting consider technical aspects, environmental aspects, economic and social aspects (tabulations).
Article 5 technical aspects referred to in article 4 paragraph (2) includes hydro-Oceanography, hydrology, bathymetry, topography, geo-morphological, and/or geotechnical.

Article 6 (1) Hydro-Oceanography, as referred to in article 5 covering the tides, currents, waves, and sea floor sediment.

(2) the Hydrology as stipulated in article 5 includes rainfall, groundwater, river water discharge/channel, and water runoff.

(3) Bathymetry referred to in article 5 covering the basic contours of the depth of the water.

(4) the topography referred to in article 5 covering the contour of the surface of the land.

(5) the Geomorphology as referred to in article 5 covering form and typology of the beach.

(6) Acquisition referred to in article 5 covering physical properties and mechanical soil layers.

Article 7 Environmental Aspects as referred to in article 4 paragraph (3) in the form of environmental conditions.

Article 8 environmental Condition as stipulated in article 7 covers the quality of sea water, water quality, air quality, soil conditions of coastal ecosystems (mangroves, seagrass, coral reefs), terrestrial flora and fauna, as well as the aquatic biota.

Article 9 socio-economic Aspects as referred to in article 4 paragraph (2) includes demographics, public access, and potential relocation.

Article 10 (1) Demography as referred to in article 9 covers a total population, population density, income, livelihood, education, health, and religious.
(2) public access referred to in article 9 covers the road and transportation communities as well as information related to the construction of the reclamation.
(3) the potential relocation of the referred to in article 9 covers land that could be used for the relocation of residents as well as other infrastructure facilities.
Article 11 preparation of the master plan of reclamation as stipulated in article 3 paragraph (2) letter b should pay attention to: a. review the strategic environment;
b. compliance with the Zoning Plan of the coastal Regions and small islands (RZWP-3-K) provincial, Kabupaten/Kota and/or Spatial Plan area (RTRW) national, provincial, district/city; c. physical infrastructure land reclamation in and around land in reclamation;

d. public access;

e. public facilities;

f. conditions of coastal ecosystems;

g. ownership and/or mastery of the land;

h. social institution;

i. economic activity;

j. population;

k. local wisdom; and b. the area of cultural heritage and historical sites.
Chapter 12 preparing the master plan referred to in article 11 to at least contain: a. land reclamation plan designation;

b. needs of facilities associated with the provision of reclamation;

c. stages of development;

d. development plan; and e. the period of execution of the reclamation.

Article 13 (1) feasibility study referred to in article 3 paragraph (2) Letter c covers: a. technical;
b. economic-financial; and c. the environment.

(2) Technical Feasibility as stipulated in paragraph (1) letter a include the feasibility of hydro-Oceanography, hydrology, bathymetry, topography, geomorphology, and geotechnical engineering.
(3) economic-financial Feasibility as stipulated in paragraph (1) letter b include feasibility analysis: a. ratio of benefits and costs [(Benefit Cost Ratio (B/C-R)];

b. NET value acquisition now [(Net Present Value (NPV)];

c. interest rate of return [(Internal Rate of Return (IRR)];

d. the period of return on investment [(Return of Investment (ROI)]; and e. environmental economic valuation of natural resources and the environment.
(4) the feasibility of the environment as referred to in paragraph (2) Letter c is based on the environmental feasibility of the decision or recommendation UKL-UPL.
Article 14 (1) of the draft the details referred to in article 3 paragraph (2) letter d was compiled based on the master plan and feasibility study.
(2) the design of the details referred to in paragraph (1) contains at least: a. the preparation of the draft of the land and the creation of infrastructure/facilities pe-nunjang of reclamation;

b. cleaning and/or leveling the ground;

c. manufacture of retaining walls and/or breakwaters;

d. transportation of material reclamation from the location of the source material by land and/or sea;

e. basic land improvement;

f. pengurugan of reclamation material;

g. handling, promised and stockpiling materials reclamation of land and/or sea;

h. drying, leveling and land reclamation maturation; and i. drainage system.
(3) the preparation of the draft of the details referred to in subsection (1) is obligated to incorporate disaster mitigation and contains the details of the time of the implementation of the reclamation.
CHAPTER III Article 15 RECLAMATION LICENSING Government, local government, and any person who will implement the mandatory reclamation has a site license and permit implementation of the reclamation.

Article 16 (1) to obtain a site license and permit implementation of the reclamation, the Government, local authorities and everyone must be applied for to the Minister, Governors, or Regents/mayors.
(2) the Minister gives a site license and permit implementation of reclamation on national strategic areas of reclamation activities, Certain cross-province, and reclamation activities at the fishing port which is managed by the Government.
(3) the grant of a site license and permit implementation of reclamation on national strategic areas and Specific activities of reclaiming cross-province referred to in subsection (2) is given after consideration of the bupati/walikota and Governor.
(4) the Governor and the bupati/walikota provides site license and permit implementation of reclamation in the territory in accordance with its reclamation activities at the port and fisheries that are managed by local governments.
Article 17 (1) site license Application as referred to in article 15 compulsory equipped with: a. the identity of the applicant;

b. a reclamation proposal;

c. location map with geographical coordinates; and d. proof of the suitability of the site reclamation plan Zoning Areas of coastal and small islands (RZWP-3-K) and/or Spatial Plan area (RTRW) from the authorized agencies.
(2) the Minister, Governors, and the bupati/walikota according kewenang-its skill give or refuse the application for site license within a period of at least 20 (twenty) working days since the application was received in full.
(3) refusal of application referred to in subsection (2) is given in writing accompanied by the reason for rejection.
(4) if within a period of 20 (twenty) working days does not grant or deny the petition, then the petition is considered approved and obligated to issue the permit.
(5) Every holder of a site license for a period of at least 2 (two) years of compulsory drafting: a. master plan;

b. feasibility study; and c. the detail design of the reclamation.
Article 18 (1) the application for the permit implementation of reclamation as on the meaning of in article 15 compulsory equipped with: a. site license;

b. master plan of reclamation;

c. environmental permits;

d. document the technical and economic feasibility study financially; e. draft document detailing the reclamation;

f. the method of implementation and schedule the implementation of reclamation; and g. evidence of ownership and/or mastery of the land.
(2) the Minister, Governors, and the bupati/walikota according kewenang-its skill give or refuse the application for a permit the implementation of the reclamation within at the latest 45 (forty five) working days since the application was received in full.
(3) refusal of application referred to in subsection (2) is given in writing accompanied by the reason for rejection.
(4) if within 45 (forty five) days of work do not grant or deny the petition, then the petition is considered approved and obligated to issue the permit.
(5) Every holder of a permit implementation of reclamation for a period of at least 1 (one) year carry out compulsory: a. physical development since the implementation of the reclamation permits issued;

b. report regularly every 4 (four) months authorities permission giver;

c. the reclamation in accordance with the draft detail; and d. the reclamation in accordance with the environmental permits.
Article 19 (1) reclamation site license is valid for a period of 2 (two) years and can be extended the longest 2 (two) years.
(2) Permits the implementation of reclamation are applicable for a period of not longer than 5 (five) years and can be extended more than 5 (five) year considering the method and schedule of the reclamation.
(3) the Minister, Governors, and the bupati/walikota at least fourteen (14) working days as of receiving the application for permit renewal since the implementation as referred to in paragraph (2) had given an extension or rejection of application for extension of the permission of executor-an reclamation.
(4) the rejection of the application for an extension as in the references in paragraph (3) is given in writing accompanied by the reason for rejection.
(5) if within a period of fourteen (14) working days does not grant or deny the petition, then the application for an extension is considered approved and obligated to issue the permit.
Article 20 (1) Permits the implementation of reclamation can be revoked if: a. do not comply with the planning of reclamation; and/or b. environmental permit revoked.
(2) revocation of reclamation implementation as on the meaning in subsection (1) is carried out by stages: a. provide a written warning as many as three (3) times in a row, each within the grace period of 1 (one) months by the Minister, Governors, and the Regent/Mayor;
b. in the event that a written warning as stated on the letter a is not followed, then the freezing is done during 1 (one) month; and c. when freezing as stated on the letter b is not obeyed, then do the lifting.
Article 21 the provisions regarding licensing further reclamation is regulated by the Minister, Governors, and the bupati/walikota in accordance with those powers.

CHAPTER IV IMPLEMENTATION of the RECLAMATION section 22 (1) the implementation of the reclamation is carried out in accordance with perenca-naan as stipulated in article 3 to article 14.
(2) implementation of reclamation as referred to in subsection (1) is carried out by means of: a. pengurugan;

b. drying land; and/or c. drainage.
Article 23 Pengurugan as referred to in article 10 paragraph (2) letter a is implemented by means of: a. the construction of dikes surrounding the area to be reclaimed;
b. promised material reclamation carried out layer for the sake of layers through the hoarding of materials from the Mainland and/or hidrolis basis pumping (hydraulic fill) material from the waters; c. leveling land reclamation;
d. the maturation of land through the installation of the equipment of the vertical light level (vertical drain) and compaction of land; and e. the hoarding of land the last layer (finishing).

Article 24 Drying land as stipulated in article 22 paragraph (2) letter b is carried out by means of: a. the construction of the dike watertight surrounding areas will be reclaimed;

b. water pumping was carried out on land will be dire-klamasi;

c. improvement of the land base through hoarding and soil compaction; and d. the creation of a network of drainage and/or pompanisasi me-circle of land reclamation.

Article 25 Drainage as stipulated in article 22 paragraph (2) Letter c is done by creating a drainage system with or without the doors face the ground elevation and panning is still higher than the elevation of the sea.

Article 26 implementation of the reclamation to safeguarding and pay attention to: a. sustainability of life and livelihoods of the community;
b. balance between the interests of the utilization and preservation of function tingan kepen-environmental coastal and small islands; and c. technical requirements capture, dredging, and penim-bunan material.

Article 27 the sustainability of life and livelihoods of the community as referred to in article 26 letter a is done with: a. provide access to the public to the beach;
b. maintain the livelihoods of inhabitants as nela-yan, farmers, fish, and other marine and fishing effort; c. provide compensation/damages to the surrounding communities affected by the reclamation;

d. relocating neighborhoods for the people that are on the site reclamation; and/or e. empowering local communities affected by the reclamation.

Article 28 the provisions on the implementation of the reclamation ter-hadap sustainability of life and livelihoods of the community is set by the Minister.

Article 29 to keep the balance between the interests of users and the interest of the preservation of environmental functions of coastal and small islands as referred to in article 26 letter b implementing the mandatory reclamation reduce the impact of: a. change of hydro-Oceanography, which includes current, wave, and ocean floor sediment quality;

b. changes in water flow and drainage systems;

c. increase the volume/frequency of flooding and/or puddle;

d. changes in bathymetry;

e. changes in the morphology and typology of the beach;

f. a decline in water quality and pollution of the environment; and g. ecosystems degradation.

Article 30 (1) the technical requirements of retrieval, dredging, and penim-bunan material as stipulated in article 26 letter c include:

a. methods of retrieval, dredging, and hoarding of materials used do not result in perpetrators maran environmental, ecosystem damage, mudflow (mud explosion), the wave of mud (mud wave), the coastal disaster as well as turn off the sustainability of life and livelihoods of the community; and b. is the dominant land reclamation materials sand and do not contain harmful and toxic materials (B3).
(2) method of the material heap on the ground can use: a. blasting for rock materials; and/or b. a material for mechanical equipment of rocks and soil.
(3) the method of dredging material heap in the waters of dilaku-kan by using the appropriate vessel type and kepadat 70s material.
(4) method of stockpiling a hoard of material performed with: a. the transport material with the dumptruck, poured on site reclamation, overlaid with a bulldozer and leveled with a grader, after that the source location for the compacted material on land;
b. transport material with the ship, were scattered by means of spraying layer and compacted layers in order for the location of the source material in the waters; and c. use a bag of sand (sand bag) and silt barricade to prevent pollution of the marine environment.
Chapter V MONITORING and EVALUATION article 31 (1) the Monitoring and evaluation of the reclamation is carried out by the Minister, the Minister of the organizing Affairs of the Government in the field of the protection and management of the environment, the Governor, bupati/walikota or officials who are appointed in accordance with those powers.
(2) Monitoring and evaluation as specified in subsection (1) is done at this stage of the implementation of the reclamation to fit with planning and environmental permits.
CHAPTER VI TRANSITIONAL PROVISIONS Article 32 (1) a petition for the reclamation site license and permit the implementation of the proposed reclamation before the establishment of the President's Rule is processed in accordance with the provisions of the legislation in force before the establishment of the President's Rule.
(2) a reclamation site license and permit implementation of the reclamation has been published prior to the establishment of the President's Rule was declared still valid until the time period of the permit expires.
CHAPTER VII PROVISIONS COVER Article 33 All legislation related to reclamation activities in the coastal areas and small islands, all is not contrary to the rules of this President, remain in force until the promulgation of the new implementation regulations.

Article 34 this presidential Regulation comes into force on a date to be invited.

In order for the cognizance, ordering pengun-driven presidential regulation this with its placement in the State Gazette of the Republic of Indonesia.

Established in Jakarta on 5 December 2012 PRESIDENT REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on December 6, 2012, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();