SHEET COUNTRY
REPUBLIC OF INDONESIA
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Number 122 YEAR 2012
ABOUT
RECLAMATION IN COASTAL AREAS AND SMALL ISLANDS
BY THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Weighing: that to implement the provisions of Article 34 of the paragraph (3) of the Law No. 27 Year of 2007 on the Management of the Coastal Region and the Small Islands, it needs to establish the Presidential Regulation on Reclamation in the Coastal Region and the Islands-Islands Small;
Remembering: 1. Section 4 of the paragraph (1) of the Basic Law of the Republic of Indonesia Year of 1945;
2. Law No. 27 of 2007 on the Penge-lolaan Coastal Region and Small Isles (State of the Republic of Indonesia Year 2007 Number 84, Tam-materials Sheet Republic Indonesia Number 4739);
DECIDED:
Establish:THE PRESIDENT ' S REGULATIONS ON RECLAMATION IN COASTAL AREAS AND SMALL ISLANDS.
BAB I
UMUM CONDITIONS
Section 1
In this Presidential Regulation referred to:
1. Reclamation is the activities performed by people in order to increase the benefits of land resources reviewed from the environmental and social corners of the economy by means of decoding, land drying or drainage.
2. The Pengerukan is the excavation or extraction activity of soil and bedrock both on the ground and under water.
3. The anoinugan is the activity of the hoarding and/or the rock above ground level and/or the rock.
4. Land-drying is the activities performed to transform water and/or land into dry land by means of pumping and/or with drainage.
5. Drainage is a method of watershed water or groundwater for the waters to turn to land.
6. Reclamation material is the material used for reclamation purposes.
7. The General Expediency Zone is part of the coastal region that is set to provide for various sectors of activity.
8. Certain National Strategic Areas are areas associated with state sovereignty, environmental control, and/or world heritage sites, whose development is prioritised for the national interest.
9. The coastal disaster is an occurrence of natural events or because of the actions of people who pose a change in coastal physical and/or biological properties and result in casualties, possessions, and/or damage in coastal areas and small islands.
10. The zoning plan is a plan that determines the direction of the use of the resources of each planning unit accompanied by the designation of the structure and the spatial pattern in the planning area which contains activities that may be performed and should not be performed. as well as the activities that can only be done after obtaining permission.
11. Ecosystem is a unity of plant-growth communities, animals, organisms and non-organisms and processes that link it in shaping balance, stability, and productivity.
The 12.ratio of benefits and costs [(Benefit Cost Ratio (B/C-R)] is the value of comparison between the benefits at the prevailing interest rate of the cost that is discontised with the same interest rate during the term of the reclamation.
13. Net value acquisition now [(Net Present Value (NPV)] is the difference between the value of the investment now with the future net acceptance value.
14. The return interest rate [(Internal Rate of Return (IRR)] is counting the interest rates that equate the current value of investment with the current value of net acceptance in the coming days.
15. The duration of the investment return [(Return of Investment (ROI)] is the method for seeking a percentage (%) of the benefit of the comparison of the costs to be exfoliated.
16.Forecasting of the environment is a forecast for effect changes in the environment caused by reclamation.
17. Valuation of natural resource economics and living environment is an attempt at the imposition of monetary value to some or all of the potential natural resources and environment, in accordance with the purpose of its development.
18. People are individual persons and/or legal entities.
19. The Central Government, subsequently called the Government is the President of the Republic of Indonesia which holds the power of the Government of the Republic of Indonesia as it is referred to in the Basic Law of the State of the Republic of Indonesia in 1945.
20. Local government is the governor, bupati/mayor, and device of the area as an element of alignment of local government.
21. The Minister is the minister who organizes government affairs in the fields of marine and fisheries.
22. The environmental feasibility decision is a decision that states the viability of the environment of a business plan and/or activities that are required to be supplemented with analysis of environmental impacts.
23. Recommendations the environmental management efforts and the environmental monitoring efforts, the next so-called UKL-UPL recommendation is a consent letter issued by the minister organizing government affairs in the field The protection and management of the environment, the governor, the regent/mayor according to his authority over the efforts and/or activities of the mandatory UKL-UPL.
24. Environmental permission is permission granted to any person who does business and/or activities that are required to analyze the impact of living environment or UKL-UPL in order for protection and management of the environment as a prerequisite. to obtain a business permit and/or activities.
Section 2
(1) The scope of the Presidential Regulation includes planning and implementation of reclamation of coastal areas and small islands.
(2)
The President Regulation is excluded for reclamation at:
a. Working Environment Area (DLKr) and Regional Interests (DLKp) major port and feeder ports as well as in special terminal water areas;
B. the location of mining, oil, petroleum, and geothermal; and
c. Forest region in order of recovery and/or forest repair.
(3) Reclamation cannot be performed on the conservation area and the flow of the sea.
BAB II
RECLAMATION PLANNING
Section 3
(1) Government, local government, and any person who will carry out the mandatory reclamation make up-mation planning.
(2) Reclamation planning as referred to in paragraph (1) is done through activities:
a. location determination;
B. drafting of the master plan;
C. the feasibility study; and
D. Detail design.
Section 4
(1) The determination of the location as referred to in Article 3 of the paragraph (2) of the letter a performed under the Coastal Area and Small Islands (RZWP-3-K) of the Province, County/City and/or the National System of Regions (RTRW) National, Province, District/City.
(2) The determination of the location as referred to in paragraph (1) includes the determination:
a. site reclamation; and
B. site of the reclamation material source.
(3) The determination of the reclamation location and the location of the reclamation material as referred to in verse (2) is mandatory to consider technical aspects, environmental aspects of life, and the social aspect of the economy (tabulation).
Section 5
The technical aspects as referred to in Article 4 of the verse (3) include hydro-oceanography, hydrology, batimetry, topography, geo-morphology, and/or geoengineering.
Section 6
(1) The oceanographic nose-oceanography as referred to in Article 5 includes tides, currents, waves, and sedimentary ocean sediments.
(2) The hydrology as referred to in Article 5 includes rainfall, groundwater, water discharge/channel, and runoff water.
(3) Batimetries as referred to in Article 5 include the contours of the ground depth of the waters.
(4) Topography as referred to in Article 5 includes the contours of the mainland surface.
(5) Geomorphology as referred to in Article 5 includes the coastal form and typology.
(6) Geoengineering as referred to in Article 5 includes the physical and mechanical properties of the soil layer.
Section 7
The environmental aspect of the living as referred to in Article 4 of the paragraph (3) is of the living environment.
Section 8
Environmental conditions, as referred to in Article 7 include seawater quality, groundwater quality, air quality, coastal ecosystem conditions (mangroves, lamun, coral reefs), flora and land fauna, as well as aquatic biota.
Section 9
The social aspects of the economy as referred to in Article 4 of the paragraph (3) include demographics, public access, and relocation potential.
Section 10
(1) Demography as referred to in Article 9 covers the population, population density, income, livelihood, education, health, and religion.
(2) Public access as referred to in Article 9 includes road and community transport lines as well as information related to reclamation development.
(3) relocation potension as referred to in Article 9 includes land that could be used for the relocation of residents as well as other facilities and facilities.
Section 11
The preparation of the master plan reclamation as referred to in Article 3 of the paragraph (2) letter b must pay attention:
a. Strategic environment review;
B. conformance with the Coastal Area and Small Islands (RZWP-3-K) Province, County/City and/or Regional Governance Plan (RTRW) of the National, Provincial, County/Kota;
c. A means of physical infrastructure on reclaimed land and around the land reclamation;
D. public access;
e. public facilities;
f. coastal ecosystem conditions;
G. entitlement and/or land mastery;
h. social pranes;
i. economic activity;
J. fullness;
No, local kearifan; and
I. the area of cultural reserve and historical sites.
Section 12
The composition of the master plan as referred to in Article 11 of the least contains:
a. reclaimed land for land reclamation;
B. the facility needs associated with the reclamation;
c. stages of development;
D. development plans; and
e. Long-term reclamation time.
Section 13
(1) The feasibility study as referred to in Article 3 of the paragraph (2) of the letter c includes:
a.teknis;
b.economy-financial; and
c.environment.
(2) The technical eligibility as referred to in paragraph (1) the letter a includes the viability of hydro-oceanography, hydrology, batimetry, topography, geomorphology, and geoengineering.
(3) The financial and financial warranties referred to in paragraph (1) of the letter b includes the feasibility of analysis:
a. The benefit ratio and cost [(Benefit Cost Ratio (B/C-R)];
B. Net Present value is now [(Net Present Value (NPV)];
c. return interest rate [(Internal Rate of Return (IRR)];
D. the term of the investment return [(Return of Investment (ROI)]; and
e. Environmental economic valuation of natural resources and the environment.
(4) The eligibility of the environment as referred to in paragraph (1) the letter c is based on the decision of the environmental feasibility or the UKL-UPL recommendation.
Section 14
(1) The detailed design as referred to in Article 3 of the paragraph (2) of the letter d is compiled under the master plan and the feasibility study.
(2) The detailed design as referred to in paragraph (1) at least contains the design:
a. Land preparation and reclaimed infrastructure/reclamation facilities;
B. cleanup and/or land alignment;
c. creation of soil retaining walls and/or wave solvers;
D. transportation of reclaimed material from the location of ground and/or sea material sources;
e. basic ground repair;
f. Reclamation of reclaimed material;
G. handling, widening and stockpiling of reclaimed material from land and/or sea;
h. drying, alignment and maturation of reclaimed land; and
i. Drainage system.
(3) The drafting of the detailed design as referred to in paragraph (1) is required to enter disaster mitigation and contain details of the implementation of the reclamation time.
BAB III
RECLAMATION PERMISSIONS
Section 15
Governments, local governments, and any person who will carry out the mandatory reclamation have a location permit and reclamation permit.
Section 16
(1) To obtain a location permit and a permit for the implementation of the reclamation, the Government, the local government and each person shall first apply to the Minister, the governor, or the bupati/mayor.
(2) The Minister granted the location permission and the permit of implementation of the reclamation on the Necessary National Strategic Area, the cross-province reclamation activities, and reclamation activities in the fishing port managed by the Government.
(3) The granting of location permission and the permission of the implementation of the reclamation on the Specified National Strategic Area and the activities of the province's cross-reclamation as referred to in verse (2) are given after receiving consideration of the regent/mayor and the governor.
(4) The governor and regent/mayor granted the location permission and permission of the reclamation implementation in the region according to his authority and reclamation activities in the fishing ports managed by local governments.
Section 17
(1) The request of the location permit as referred to in Section 15 is required to be supplemented by:
a.
the applicant ' s identity;
B. reclamation proposal;
c. map location with geographic coordinates; and
D. proof of reclamation location with the Coastal Area and Small Islands (RZWP-3-K) and/or Area Space Plan (RTRW) plans of an authorized agency.
(2) Ministers, governors, and regents/mayors in accordance with their authority provide or refuse a request for a location in the slowest 20 (twenty) business days since the request is fully accepted.
(3) The rejection of the plea as referred to in paragraph (2) is given in writing accompanied by reason of rejection.
(4) If in the term of 20 (twenty) business days do not provide or refuse a request, then a request is considered approved and required to issue a permit.
(5) Any location permit holder in the slowest 2 (two) year term is conscripted:
A.plan parent;
b.feasibility study; and
The design detail reclamation.
Section 18
(1) Reclamation of implementation of the Reclamation execution as specified in Section 15 is required to be supplemented by:
a. location permission;
B. Reclaimed master plan;
c. environmental clearance;
D. the financial and financial feasibility document of the financial and financial economy; e. document reclamation design documents;
f. Implementation methods and schedule of reclamation execution; and
G. Proof of entitlement and/or land mastery.
(2) Ministers, governors, and regents/mayors in accordance with their authority provide or deny the implementation of the reclamation execution in the slowest time of 45 (forty-five) days of work since the request was received in complete.
(3) The rejection of the plea as referred to in paragraph (2) is given in writing accompanied by reason of rejection.
(4) If in the term of 45 (forty-five) business days do not provide or refuse a request, then a request is considered approved and required to issue a permit.
(5) Any holder of the implementation of the reclamation in the slowest term of 1 (one) of the year required to perform:
a. physical development since the publication of reclaimed implementation permit;
B. relay reports on a regular basis every 4 (four) months to the authorized instance;
c. Reclamation according to the design detail; and
D. The reclamation matches the environment permit.
Section 19
(1) Reclamation point permits apply for a term of 2 (two) years and may be extended at most 2 (two) years.
(2) The reclamation permit applicable for the longest term of 5 (five) years and may be extended at most five (five) years by considering the method and schedule of reclamation.
(3) The Minister, governor, and regent/mayor of the slowest 14 (fourteen) working days since receiving an application for an extension of the implementation permit as referred to in paragraph (2) have provided an extension or refusal of extension Reclaimed executor permission.
(4) The rejection of an extension as in intent on verse (3) is given in writing accompanied by reason of rejection.
(5) If in the term of 14 (fourteen) business days do not provide or refuse a request, then an extended request is considered approved and required to issue a permit.
Section 20
(1) Reclamation implementation permit may be revoked if:
a. not compatible with reclamation planning; and/or
B. Environmental clearance revoked.
(2) The revocation of the execution of the reclamation as referring to the paragraph (1) is performed with the stage:
a. provides a written warning of 3 (three) times in a row, each in the middle of a month by the Minister, the governor, and the regent/mayor;
B. in the case of a written warning as referred to in the letter a is not adhered to, the next one is done freezing for 1 (one) month; and
c. If the freezing as referred to in the letter b is not adhered to, then the revocation is done.
Section 21
The further provisions of the reclamation permit are governed by the Minister, the governor, and the regent/mayor according to his authority.
BAB IV
RECLAMATION EXECUTION
Section 22
(1) The implementation of the reclamation is performed in accordance with the naan as referred to in Article 3 to Section 14.
(2) The implementation of the reclamation as referred to in paragraph (1) is done in a way:
a. unparsing;
B. land drying; and/or
C. Drainage.
Section 23
The deciphers as referred to in Section 22 of the paragraph (2) of the letter are executed in a way:
a. development of the embankment surrounding the region to be reclami;
B. The distribution of reclamation material is carried out layer by layer through material hoarding from the mainland and/or hydrolis (hydraulic fill) material from the waters;
c. Reclamation of land reclamation;
D. the land maturation through the installation of vertical light-packing equipment (vertical drain) and land compression; and
e. last layer of land heaps (
finishing).
Section 24
Land drying as referred to in Article 22 of the paragraph (2) the letter b is done in a way:
a. the construction of the watertight embankment surrounding the area to be reclaimed;
B. water pumping is exercised on land that will be dire-the proclamation;
c. repair of the ground ground through the buildlers and soil compression; and
D. the creation of a drainage network and/or pompanization-circled the reclaimed land.
Section 25
The drainage is referred to in Article 22 of the paragraph (2) of the letter c by means of making a water flow system with or without the regulatory doors and the elevation of the face of the land is still higher than that of the seawater's elevation.
Section 26
The implementation of the reclamation must keep and pay attention:
a. sustainability of life and the livelihood of the community;
B. the balance between the importance of utilization and fullness preservation of coastal environmental functions and small islands; as well as
c. technical requirements of retrieval, dredging, and material stockpiles.
Section 27
The sustainability of the life and the livelihood of the people as referred to in Article 26 of the letter a is done with:
a. providing access to the community towards the coast;
B. maintain the livelihood of the population as nela-yan, fish fertilization, and other marine and fishery efforts;
c. provide compensation/change losses to the communities around which are affected by the reclamation;
D. relocating settlements for communities that are on the reclamation site; and/or
e. empowering the communities around which are affected by the reclamation.
Section 28
A further provision of the implementation of the reclamation towards the sustainability of life and the livelihood of the people is governed by the Minister.
Section 29
To maintain a balance between the interests of the sweeteners and the preservation interests of coastal environmental functions and the small islands as referred to in Article 26 of the letter b the executor is obliged to reduce the impact:
a. the hydro-oceanographic changes that include currents, waves, and the quality of the seafloor sediment;
B. changes of the water flow and drainage system;
c. increase in volume/frequency of flooding and/or manganese;
D. batimetry changes;
e. changes in morphology and coastal typology;
f. the decline of water quality and environmental pollution; and
G. degradation of coastal ecosystems.
Section 30
(1) The technical requirements of retrieval, dredging, and material stockpiles as referred to in Section 26 of the letter c include:
a. the method of retrieval, dredging, and stockpiling of materials used does not result in pence-maran living environment, damaging ecosystems, mud bursts (mud explosion), mud wave (mud wave), coastal disaster as well as deadly sustainability of community life and livelihood; and
B. Reclamation material is the dominant land of sand and does not contain harmful and toxic materials (B3).
(2) Land-on-land bulk material retrieval method may use:
a. blasting for rock material; and/or
B. Mechanical equipment for rock and soil materials.
(3) The method of dredging the materials of hoarding materials in the waters of the right hand by ship according to the type and the denser-an material.
(4) The stockpile material stockpiling method is carried out with:
a. transport material with dumptruck, poured in reclamation site, scatterered with bulldozer and leveled with grader, after which it is solidized for material source location on land;
B. transport materials by ship, distribute it by layer of layer by layer and solidied for the location of material sources in the waters; and
c. using sandbags (sand bags) and silt barricade to prevent marine environmental pollution.
BAB V
MONITORING AND EVALUATION
Section 31
(1) The monitoring and evaluation of the reclamation is carried out by the Minister, the minister who organizes government affairs in the field of protection and the management of the environment, the governor, the regent/mayor or an official appointed according to his authority.
(2) Monitoring and evaluation as referred to in paragraph (1) is performed at the implementation of the reclamation stagein order to comply with the planning and permissions of the environment.
BAB VI
TRANSITION PROVISIONS
Section 32
(1) the request of the reclamation location permit and the implementation permit of the reclamation prior to it is processed in accordance with the provisions of the laws applicable before the provisions of this Presidential Regulation.
(2) Reclamation point permit and reclamation implementation permit issued before the release of this President's Regulation shall remain in effect until the term of the permit is terminated.
BAB VII
CLOSING PROVISIONS
Section 33
All laws related to the reclamation activities of the coastal areas and the small islands that have existed, as long as do not conflict with the President's Ordinance, remain in effect until the passing of regulations. The new execution.
Section 34
This President ' s regulation comes into effect on the date of the promulctest.
In order for everyone to know, order the President's Regulation with its placement in the State Sheet of the Republic of Indonesia.
Set in Jakarta
on December 5, 2012
PRESIDENT OF THE REPUBLIC OF INDONESIA,
-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on December 6, 2012
MINISTER FOR LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
AMIR SYAMSUDIN
