Regulation Of The Minister Of Forestry Number P. 18/menhut-Ii/2011 2011

Original Language Title: Peraturan Menteri Kehutanan Nomor P.18/MENHUT-II/2011 Tahun 2011

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Back NEWS REPUBLIC of INDONESIA No. 191, 2011 REGULATIONS MINISTER of FORESTRY of the REPUBLIC of INDONESIA NUMBER p. 18/Menhut-II/2011 LOAN GUIDELINES ABOUT SHARING a FOREST AREA with the GRACE of GOD ALMIGHTY the MINISTER of FORESTRY of the REPUBLIC of INDONESIA, Considering: that in order to implement the provisions of article 3 paragraph (3), article 6 paragraph (4), article 7 paragraph (3), article 8 paragraph (2), article 9 paragraph (3), article 14, article 19 paragraph (3) , Article 22 and article 24 the Government Regulation Number 24 of 2010 on the use of forest areas, the need to set a regulation of the Minister of Forestry of the Republic of Indonesia concerning the guidelines of the Loan Use forested areas;
Remember: 1. Act No. 5 of 1990 concerning conservation of natural resources, the ecosystem and Biodiversity (Gazette of the Republic of Indonesia Number 49 in 1990, an additional Sheet of the Republic of Indonesia Number 3419);
2. Act No. 8 of 1997 about the acceptance of the country instead of taxes (State Gazette of the Republic of Indonesia Number 43 in 1997, an additional Sheet of the Republic of Indonesia Number 14);
3. Act No. 41 of 1999 on Forestry (State Gazette of the Republic of Indonesia Number 167 in 1999, an additional Sheet of the Republic of Indonesia Number 3888), as amended by Act No. 19 of 2004 concerning the determination of the Replacement Government Regulations Act No. 1 of 2004 on changes to the Act No. 41 of 1999 on Forestry into law (Gazette of the Republic of Indonesia Number 86 in 2004 Additional Sheets, the Republic of Indonesia Number 4412);
4. Act No. 22 of 2001 concerning oil and Gas (State Gazette of the Republic of Indonesia year 2001 Number 136, an additional Sheet of the Republic of Indonesia Number 4152);
5. Act No. 3 of 2002 on State Defense (Gazette of the Republic of Indonesia Year 2002 number 3, an additional Sheet of the Republic of Indonesia Number 4169);
6. 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), which has been modified a few times with 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);
7. Act No. 26 of 2007 concerning Spatial (Gazette of the Republic of Indonesia Number 68 in 2007, an additional Sheet of the Republic of Indonesia Number 4725);
8. 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);
9. Government Regulation Number 42 in 2002 about the Agency Executing the business activities Upstream Oil and Gas (State Gazette of the Republic of Indonesia Number 81 in 2002, an additional Sheet of the Republic of Indonesia Number 4216);
10. Government Regulation Number 35 of 2004 concerning the business activities of the upstream oil and Gas (State Gazette of the Republic of Indonesia Number 123 in 2004, an additional Sheet of the Republic of Indonesia Number 4435), as amended by government regulation Number 34 in 2005 about the changes to the Government Regulation Number 35 of 2004 concerning the business activities of the upstream oil and Gas (State Gazette of the Republic of Indonesia Year 2005 number 81 Additional Sheets, the Republic of Indonesia Number 4530);
11. Government Regulation Number 44 in 2004 about Forestry Planning (State Gazette of the Republic of Indonesia Number 146 in 2004, an additional Sheet of the Republic of Indonesia Number 4452);
12. Government Regulation Number 45 in 2004 on the protection of Forests (State Gazette of the Republic of Indonesia Number 147 in 2004, an additional Sheet of the Republic of Indonesia Number 4453), as amended by government regulation Number 60 in 2009 about the changes to the Government Regulation Number 45 in 2004 on the protection of Forests (State Gazette of the Republic of Indonesia Number 137 in 2009, an additional Sheet of the Republic of Indonesia Number 5056);
13. Government Regulation number 6 in 2007 about the grammar of the forest and the preparation of forest management Plans, as well as the utilization of the forest (State Gazette of the Republic of Indonesia number 22 in 2007, an additional Sheet of the Republic of Indonesia Number 4696), as amended by regulation of the Government No. 3 in 2008 about the changes to the Government Regulation number 6 in 2007 about the grammar of the forest and the preparation of forest management Plans, as well as the utilization of the forest (State Gazette of the Republic of Indonesia Year 2008 number 16 Additional Sheets, the Republic of Indonesia Number 4815);
14. 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);
15. Government Regulation number 2 in 2008 about the type and price of the above types of Acceptance State instead of taxes that are derived from the use of forest areas for the sake of development of the outside activities of forestry prevailing at the Forestry Department (State Gazette of the Republic of Indonesia number 15 in 2008, an additional Sheet of the Republic of Indonesia Number 4813);
16. Government Regulation number 26 in 2008 on National Territory Spatial Plans (RTRWN) (State Gazette of the Republic of Indonesia Year 2008 Number 48, additional sheets of the Republic of Indonesia Number 4833);
17. Government Regulation Number 76 in 2008 about Reclamation and Rehabilitation of the forest (State Gazette of the Republic of Indonesia Number 201 in 2008, an additional Sheet of the Republic of Indonesia Number 4947);
18. Government Regulation number 10 in 2010 about how to Change the designation and functions of the forest area (State Gazette of the Republic of Indonesia number 15 in 2010, an additional Sheet of the Republic of Indonesia Number 5097);
19. Government Regulation Number 3 of 2010 about organizing the Spatial (Gazette of the Republic of Indonesia Number 21 of 2010, an additional Sheet of the Republic of Indonesia Number 5103);
20. Government Regulation number 22 in 2010 about Mining Region (State Gazette of the Republic of Indonesia Number 28 in 2010, an additional Sheet of the Republic of Indonesia Number 5110);
21. Government Regulation Number 23 in 2010 on the implementation of the business activities of Mineral and Coal Mining (State Gazette of the Republic of Indonesia Number 29 in 2010, an additional Sheet of the Republic of Indonesia Number 5111);
22. Government Regulation Number 24 of 2010 on the use of forest area (State Gazette of the Republic of Indonesia number 30 in 2010, an additional Sheet of the Republic of Indonesia Number 1065);
23. Government Regulation Number 72 in 2010 of a common Forestry Company (Perhutani) (State Gazette of the Republic of Indonesia year 2010 Number 142);
24. The President of the Republic of Indonesia Regulation number 5 in 2006 about a national energy policy;
25. the President of Republic of Indonesia Regulation Number 47 in 2009 about the formation and organization of the Ministries;
26. The President of the Republic of Indonesia Regulation Number 24 of 2010 about the position, duties and functions of the Ministries as well as the Organization, duties and functions of the Echelon I;
27. The decision of the President of the Republic of Indonesia Number 41 in 2004 about Permissions or agreements in the field of Mining which is in the forest;
28. Regulation of the Minister of forestry Number p. 40/Menhut-II/2010 about the Organization and the work of the Ministry of forestry (Republic Indonesia in 2010 Number 407);

Pay attention: the letter of the Minister of energy and Mineral resources Number 4250/30/MEM. B/2010 dated 21 June 2010 about the preparation of criteria for Impact and broad coverage of Important Strategic Value.

DECIDED: setting:P ERATURAN MINISTER of FORESTRY LOAN GUIDELINES ABOUT SHARING a FOREST AREA.

CHAPTER I GENERAL PROVISIONS Section I of article 1 In the sense of the regulation of the Minister, which is: 1. Forest ecosystem in the form of a Union is a stretch of land contains natural resources biodiversity dominated trees in natural surroundings, the communion with each other are inseparable.
2. the forest area is designated a specific area and/or set by the Government for the sustained existence as permanent forest.
3. the production Forest is a forest area that has the principal function of producing forest products.
4. Protected forest is a forest area that functions as the principal buffer system protection of life to set up the layout of the water, prevent floods, control erosion, prevent the intrusion of sea water, and maintain soil fertility.
5. use of forest area is the use of much forest area for the sake of development of the outside activities of forestry without changing the functions and the allocation of that forest area.
6. Use of forest area that is non-commercial use is the use of forest areas that aim does not seek profit and goods/services users are not subject to tariffs.
7. The use of a non-commercial forest area is the use of forest areas aimed at seeking profits and goods/services users are subject to a tariff.
8. wear forest area borrowed Permits is permission given to use a forest area for the sake of development of the outside activities of forestry without changing the functions and the allocation of forest area.
9. Compensation of land is one of the obligations of the holder of the permit loan use forested areas to provide and submit the land instead of the forest area or pay the amount which is not State Tax Receipts (PNBP) as a replacement for land compensation in accordance with statutory regulations.

10. acceptance of State Tax instead of the use of the forest area which are hereafter PNBP use of forest area is the acceptance of the country instead of taxes that are derived from the use of forest areas for the benefit of development outside the forestry activities that apply to the Ministry of forestry land in lieu of compensation in accordance with statutory regulations.
11. Condition of prospective land compensation that is not problematic in the field (de facto) and law (de jure) is a condition of prospective land compensation who have clear status, are not in dispute, not in the mastery of the parties are not entitled to and do not incur certain land rights and is not maintained by the other party.
12. forest Reclamation business is repair or restore forests or land and vegetation in the forest area damaged as a result of the use of forest areas to function optimally in accordance with the allocation.
13. Reforestation is an effort of planting tree species on forest forest area damaged be the empty land, reeds or undergrowth to restore forest functions.
14. L1 is as stipulated in Government Regulation No. 2 of 2008 namely the area disturbed because of the use of forest areas for ancillary infrastructure which is permanent for the duration of the use of forest areas, and active mine openings that are subsequently subject to one (1) time rates PNBP use of forest area.
15. L2 is as stipulated in Government Regulation No. 2 of 2008 namely the area disturbed due to the use of the forest area which are temporarily which technically can be immediately done the reclamation Furthermore subjected to four (4) times the rate of the use of forest areas PNBP.
16. L3 is as stipulated in Government Regulation No. 2 of 2008 namely the area disturbed due to the use of permanent forest area which is technically not a reclamation can be carried out subsequently subjected to 2 (two) times the rate of the use of forest areas to PNBP acreage handed back.
17. use of the forest area is the Baseline description of the qualitative and quantitative condition early borrowed acreage land closure on each of categories L1, L2, and L3 that classify the condition of the land that can be direvegetasi or direvegetasi as the basis of an assessment of the success of reclamation.
18. The activities of the sampling spread all over the mining exploration activities are to take example of minerals and coal.
19. Extensive utilization permits effective jungles are vast acreage of forest utilization permits reduced with extensive facilities and infrastructure as well as protected areas.
20. The Minister is the Minister of the organizing Affairs of the Government in the field of forestry.
The second part of article 2 of the Common use of forest area aims to regulate the use of some forest areas for the sake of development of the outside activities of forestry.

Article 3 (1) the use of forest areas as referred to in article 2 can only be given in the: a. the production forest area; and/or b.  the area of protected forest.
(2) the use of forest areas as referred to in paragraph (1) be done without changing the function of the principal forest areas taking into account the limitations of broad and specific period of time as well as environmental sustainability.
Article 4 (1) the use of forest areas for the benefit of development outside the forestry activities can only be made for activities that have a strategic objective which cannot be avoided.
(2) the interest of the development of the outside activities of forestry as referred to in paragraph (1), include: a. among other religious places of worship, cemeteries and religious tourism;
b. mining includes mining, oil and gas, minerals, coal and geothermal including facilities and infrastructure;
c. installation of generation, transmission, and distribution of electricity as well as new and renewable energy technologies;
d. telecommunications network, the station radio transmitter, and the television relay station;
e. public roads, highways, and railways;
f. transportation infrastructures are not categorized as public transportation infrastructure for the purposes of transporting production results;
g. infrastructure of water resources, construction of water installations, network and channel of clean water and/or wastewater;
h. public facilities;
i. forestry related industries;
j. defence and security, combat training center, among others, radar stations, and lookouts;
k. infrastructure supporting public safety among other sea traffic safety, air traffic and means of meteorology, climatology and Geophysics; or l.   temporary shelters victims of natural disasters.
(3) the Transport Infrastructures referred to in paragraph (2) letter f, among others, construction of roads, canals, ports or the like for the purpose of transporting the result mining production, forestry, agriculture, fisheries or other.
Article 5 (1) the use of forest areas for mining activities as mentioned in article 4 paragraph (2) letter b done with provisions: a. in the production forest area can be performed: 1. the mining patterns mining open; and 2.  mining with underground mining patterns.
b. in the protected forest area can only be made with patterns mining underground mining is prohibited by the terms result in: 1. the descent of the ground surface;
2. the principal functions of a centralized forest area permanently; and 3.  the occurrence of akuiver groundwater damage.
c. to 13 (thirteen) license/agreement in the field of mining as defined in Presidential Decree Number 41 in 2004 in accordance with Act No. 19 of 2004 can be carried out of the mine opens in protected forest.
(2) the use of the protected forest area for the underground mining as intended in paragraph (1) letter b according legislation.
Article 6 (1) activities for the benefit of the construction of the outside activities that support forestry forest management and pembiayaannya are sourced from Government, the provincial government, and/or district/city can be done with the cooperation mechanism and become a part of forest management.
(2) cooperation as referred to in paragraph (1), includes the following activities: a. the construction of water storage tubs;
b. the construction of the dam;
c. construction of canals/waterways;
d. landfills (LANDFILL) litter with the final product among other compost to use as fertilizer; and e.  planting by outside forestry for forest rehabilitation and reclamation activities.
(3) cooperation as referred to in subsection (2) must first obtain approval from the Minister made a cooperation agreement, provided: a. in the case of cooperation undertaken in forest areas that are in the working area Perhutani, cooperation agreement made between users of forest area with the main Director of Perhutani;
b. in the event that the collaboration is done in forested areas that are outside the working area Perhutani, cooperation agreement made between users of forest area with the head of Department or head of Department Provincial district/city forestry according its wing; and c.  in case of already formed Union of forest management (KPH), the cooperation agreement as stated on the letter b is done between the user forest area with the head KPH.
(4) the documents of the cooperation agreement and the agreement attachment map referred to in subsection (3) is submitted to the Minister.
(5) the implementation of the cooperation referred to in paragraph (2) be reported periodically to the Secretary at least one (1) times within 1 (one) year.
Article 7 (1) the use of forest areas is done with the permission of wear borrowed forest area.
(2) the permission of loan use forested areas as referred to in subsection (1) done with the terms: a. permits borrow use forested areas in the provinces of the vast area of forests below 30% (thirty-perseratus) from broad watersheds, island, and/or province, with land compensation: 1. a 1:1 ratio for non-commercial use plus a vast plan of the area disturbed by category L3;
2. a 1:2 ratio for commercial plus a vast plan of the area disturbed by category L3; and 3.  If the realization of the broader plan of L3 L3 as mentioned on the number 1 (one) and number 2 (two), then the land area of compensation plus a vast difference from the difference between the plans of the L3 with L3 realization.
b. permission borrow use forested areas in the provinces of the vast area of forests above 30% (thirty-perseratus) from broad watersheds, island, and/or province, with compensation pay PNBP use of forest area and do the planting in the framework of rehabilitation of watersheds, provided: 1. the use for non-commercial use subject to compensation pay PNBP use of forest area and do the planting in the framework of rehabilitation of watersheds with ratio 1:1;
2. the use of compensation imposed for commercial use of forest area PNBP pay and do the planting in the framework of rehabilitation of watersheds with ratio 1:1 coupled with vast acreage plans disrupted by category L3.
c. borrow permits wear forest area without compensation or land without compensation pay PNBP use of forest area and without doing any planting in the framework of the rehabilitation of watersheds, provided only for: 1. the activities of the defense of the country, traffic safety means of sea or air, check dam, dam, sabo, and means of meteorology, climatology and Geophysics;
2. survey and exploration activities.
(3) in terms of exploration activities as referred to in paragraph (2) Letter c figure 2 conducted sampling spread all over as a test run of the mine for the benefit of economic feasibility, subject to the provisions referred to in paragraph (2) letter a number 2 or the letter b number 2.

(4) implementation of cultivation in order to the rehabilitation of watersheds, as referred to in paragraph (2) letter b is set in a regulation of the Minister.
Article 8 (1) Permits borrow use forested areas as referred to in article 7 paragraph (1) is given by the Minister upon application.
(2) the authority granting permission borrow use forested areas as referred to in paragraph (1) are delegated to the Governor, with provisions for: a. the area at most 1 (one) hectare;

b. the construction of public facilities; and c.  the activities are non-commercial use.
(3) Ordinances and requirements of application for loan use forest area assigned to the Governor as referred to in subsection (2) applies mutatis mutandis as set forth in the regulations of the Minister.
Article 9 (1) the use of forest areas for mining that impact important and extensive coverage as well as strategic value, use forest area borrowed permits may only be granted after approval from the House of representatives.
(2) the criteria for the use of forest areas for mining that impact important and extensive coverage as well as strategic value as referred to in paragraph (1), namely: a. mining which is Mining Ventures in the area of special (WUPK) originating from the territory of the State of the Backup (WPN) approved the House of representatives;
b. approval of representatives referred to in letter a are the basis of granting permission borrow use forested areas throughout the Region which became WUPK Licences special (WIUPK).
(3) Mining as intended in paragraph (2) letter a there needs to be a Strategic Environmental Study (KLHS) at the time of becoming a WPN WUPK in accordance with legislation.
Article 10 (1) Extensive forest area borrowed permits use for mining activities in the forest area of production forest utilization permission burdened can be considered at most a 10% (ten perseratus) of any effective utilization permits extensive forests.
(2) provision of at most a 10% (ten perseratus) as referred to in paragraph (1), among others, taking into account: a. the business continuity business license utilization of forest products;
b. on the requested area there is some permission to use a forest area.
(3) in case the production forest area are kindly requested to mining activities are not saddled with the permission of the forest utilisation as referred to in paragraph (1), permit extensive loan use forested areas may be considered at most 10% (ten perseratus) production forest area of the County that is not encumbered by the permit utilization of the forest.
(4) Extensive forest area borrowed permits use for mining activities in the area of Perhutani's work can be considered at most a 10% (ten perseratus) from broad unity of Perhutani forest management.
(5) in the case of application for the use of forest areas for mining activities are in the area of protected forest, extensive forest area wear borrowed permission may be considered at most 10% (ten perseratus) from a broad group of protected forest is concerned.
(6) provision of at most 10% (ten perseratus) of vast forest areas as referred to in paragraph (1), subsection (3), subsection (4) and subsection (5) does not apply to the application for permission of use forest area borrowed for the activity stage of mining exploration.
CHAPTER II of the Ordinance and the terms of the petition for the use of forest area is considered part of The Application of article 11 (1) the application for the permit loan use forested areas referred to in article 8 paragraph (1) proposed by: a. the Minister or ministerial officials;

b. the Governor;

c. the bupati/walikota;

d. the leadership of business entities; or e.  the Chairman of the Foundation.
(2) the application for the permit loan use forested areas as referred to in paragraph (1) is filed with the Minister.
Article 12 (1) the application for the permit loan use forested areas referred to in article 11 paragraph (1), compulsory eligible: a. Administration; and b.  technical.
(2) the administrative and technical requirements of the Document referred to in subsection (1) in the form of the original document or copy documents legalized by the notary or the Publisher instance.
Article 13 (1) the Administrative Requirements referred to in article 12 paragraph (1) letter a, comprising: a. an application letter with enclosed location map forest areas are requested;
b. Exploration Licences (IUP Exploration)/Izin Mining Venture production operations (IUP production operation) or other agreements/licence has been issued by the appropriate officials, except for its activities which do not have mandatory licensing/agreements;
c. recommendations: 1. Governor to borrow use forested areas for permissions outside of the field of forestry, published by the bupati/walikota and Government; or 2.  Regent/Mayor to borrow use forested areas for permissions outside of the field of forestry, published by the Governor; or 3.  Regent/Mayor to borrow use forested areas that do not require appropriate licensing field; and d.  legal statement simply contains: 1. ability to meet all obligations and assume the entire cost of his with respect to the application;
2. all documents submitted in the petition is valid; and 3.  yet to conduct activities in the field and will not do the activity before there is permission from the Minister.
(2) the recommendation of the Governor or Regent/Mayor as referred to in paragraph (2) Letter c contains the agreement over the use of forest areas are requested, based on technical considerations Provincial head of Department or head of the Office of the district/city: forestry and the head of the establishment of the Hall of the local forest area.
(3) Technical Considerations as referred to in paragraph (2) contains: a. the layout and location of the area requested appropriate functions of forest areas;
b. broad forest areas that are requested and depicted in the map;
c. conditions of forest vegetation cover, among others, there is not a forest area on the permissions requested.
(4) the recommendations referred to in subsection (2) continue to apply during the process of management of the loan use permit forest area.
Article 14 (1) the technical requirements referred to in article 12 paragraph (1) letter b include: a. work plan the use of forest area with enclosed location map scale of 1:50,000 or the largest scale at that location with extensive forest area information which is requested;
b. the latest satellite imagery with a resolution of detail 15 (fifteen) metres or more resolution detail of 15 (fifteen) meters and the results of the interpretation of satellite images in digital form and hard copy signed by the applicant with the list the source of satellite images and statements that satellite imagery and results interpretation is correct;
c. the AMDAL was confirmed by authorized agencies, except for activities which are not obliged to compile the AMDAL, appropriate legislation or regulations appropriate environmental document and confirmed by authorized agencies; and d.  technical consideration of the Director-General: Mineral coal and Geothermal at the Ministry of energy and Mineral resources for licensing mining activities published by the Governor or appropriate its bupati/walikota, containing information on, among others, that the requested area inside or outside WUPK originating from WPN and pattern mining.
(2) the application for permission of use forest area borrowed for surveys or exploration, completeness of technical requirements referred to in subsection (1) does not include satellite imagery and the AMDAL.
(3) the application for permission of use forest area borrowed for Defense and security, traffic safety means of sea or air, temporary shelters victims of natural disasters, the administrative and technical requirements of completeness as stipulated in article 12 was just a statement and work plan of the use of forest areas.
The second part of the completion of the Application of article 15 (1) the Minister in writing within 15 (fifteen) working days after receipt of the application referred to in article 11 paragraph (2), ordered in writing to the Director-General of Forestry Planologi to: a. assess the technical and administrative requirements as referred to in article 13 and article 14; and b.  coordinate the technical considerations of Echelon I associated the scope of the Ministry of forestry and the Director of Perhutani in terms of being at work Perhutani area.
(2) in the case of the petition does not meet the requirements of Forestry Planologi, Director-General for a period of not longer than 5 (five) working days, publish notice of the terms of the following incomplete returns file the petition.
(3) in the event that the petition meets the requirements of Forestry Planologi, Director-General for a period of not longer than 15 (fifteen) working days delivered a letter request to the technical considerations: a. the Director General of forest protection and nature conservation, in a location that is requested resides on a protected forest area.
b. the Director General Community Development Efforts of forestry, in a location that is requested resides on the production forest area.
c. Director of Perhutani, if the requested location is at work Perhutani area.
(4) on the basis of the letter of request referred to in subsection (3), the Director General of forest protection and nature conservation or Community Development Efforts of forestry Director General or Director of Perhutani for a period of not longer than 30 (thirty) days of work, conveying the technical considerations to the Director General of the Planologi forestry.

(5) in the case of technical consideration has not been received and the time period for the submission of technical considerations as referred to in paragraph (4) has expired, the Director General of the Planologi Forestry in a period of not longer than 15 (fifteen) working days of the meeting initiated discussion in order to provide the technical considerations to the Minister.
(6) on the basis of technical considerations as mentioned in subsection (4) or the results of the discussion referred to in subsection (5), the Director General of the Planologi Forestry in a period of not longer than 30 (thirty) working days deliver a consideration upon application for loan use forested areas to the Minister.
(7) in the case of the petition does not meet the conditions, the Director General of Forestry Planologi on behalf of the Minister published a letter of rejection.
(8) the Minister in writing within 15 (fifteen) working days after receiving the technical considerations as referred to in paragraph (6), published a letter of approval of the principle of the use of forest areas.
The third part liability of the holder of the approval of the principle of the use of forest areas of article 16 (1) approval of the principle of the use of forest areas as referred to in article 15 paragraph (8) contains the obligation: a. carry out the grammar limits approved forest area, with supervision from the porch of the establishment of forest areas;
b. do an inventory of the forest in accordance with the provisions of laws and regulations with the supervision of the Office of the Province: Forestry;
c. make a statement in the form of deed of notariil loading capacity: 1. carry out reclamation and reforestation on forest areas that are not to be used without waiting for the completion of the period of loan use permits forest area;
2. carry out the appropriate forest protection legislation;
3. provide ease for both the Centre of forestry authorities nor the area at the time of monitoring and evaluation in the field;
4. assume the entire cost as a result of loan use forested areas;
5. pay: a) the replacement value of the forest and the provision of forest resources (PSDH) on forest plants from crops from IUPHHK-HT and Reforestation Fund, PSDH (Dr.) and the replacement value of the stands of the plant is not the result of IUPHHK-HT appropriate legislation; or b), Dr. PSDH and the replacement value of the forest, and other financial obligations in the natural forest of IUPHHK-HA, according to the legislation; or c), Dr. PSDH and the replacement value of the forest, and other financial obligations on natural forest outside acreage IUPHHK-HA/HT, appropriate legislation.
6. pay PNBP use of forest area and do the planting in the framework of rehabilitation of watersheds in terms of compensation in the form of payment of the tax is not the Country's acceptance of the use of forest area and do the planting in order to the rehabilitation of watersheds according the provisions of article 7 paragraph (1) letter b;
d. in terms of forest area approved teetering on acreage that has saddled the permit utilization of the forest, replacing: 1. the costs of the investment management/utilization of forests in accordance with the broad area of loan use forest area to permit holder/Manager of forest utilization, appropriate legislation; and 2.  dues paid by the permit holder's permit utilization based on vast acreage that was used according to regulations.
(2) the principle of consent with the obligation To provide compensation in land, in addition to the obligations referred to in subsection (1), the holder of the approval of the principle of compulsory: a. provide and submit the compensation land was not problematic in the field (de facto) and law (de jure) to be designated forest area with ratio according the provisions of article 7 paragraph (2) letter a;
b. implementing land boundary compensation governance has appointed forest area; and c.  do the planting in the framework of the compensation land reforestation has been appointed into forested areas.
(3) the principle of consent with the obligation To pay usage of forest area PNBP and do the planting in the framework of rehabilitation of watersheds, in addition to the obligations referred to in paragraph (1), compulsory use of forest areas deliver a baseline.
Article 17 calculation of investment costs reimbursement Guidelines referred to in article 16 paragraph (1) letter d figure 1 set with its own regulations.

Article 6 Activities or reforestation reforestation over forest areas originating from land compensation as stipulated in article 15 paragraph (2) letter a, provided: a. the land compensation in the working area Perhutani, forestation or reforestation was carried out by the holder of the permit loan use forested areas cooperate with Perhutani;
b. land compensation is outside the working area Perhutani, forestation or reforestation was carried out by the holder of the permit loan use forested areas in cooperation with business entities which have competence in the field of reforestation; or c.  land compensation who have appointed forest area conservation, reforestation or reforestation was carried out by the holder of the permit loan use forested areas in collaboration with the Manager or agency maintaining conservation forest area.
Article 19 (1) in terms of the location of the requested use of the principle of consent has been issued forest area but their location to be used for a higher national interests and urged that if the delayed mengakibat losses to the State, the approval of the principle of the use of forest areas may be cancelled by the Minister.
(2) against the holder of the approval of the principle of the use of the forest area as referred to in paragraph (1) be given the opportunity to apply for other locations to receive new on the province and the same area and are given priority in the completion of its permissions.
The fourth part of the Dispensation of article 20 (1) the holder of the approval of the principle of the use of the forest area can apply for a dispensation to do the activity to the Minister.
(2) an exemption as referred to in paragraph (1): a.  only for activities which is urgent and if postponed resulted in losses of State;
b. given to the Government, State-owned enterprises, regional-owned enterprises, and private-owned enterprises share of financing with the Government; and c.  given for the duration of the longest period of time in accordance with the principle of consent of the use of forest areas and cannot be extended.
(3) To the holder of the approval of the principle of the use of forest areas with land compensation, requests for exemption lodged when the obligation in the letter of approval of the principle of the use of forest areas have been met except for land compensation, with the terms convey the work plan to provide and submit the compensation land by deed Notariil.
(4) an exemption for temporary shelters victims of natural disasters, defense and security, and specific policies that are contained in the instruction of the President or a presidential decree granted without waiting for the fulfillment of obligations in the agreement of principles of the use of forest areas.
Article 21 (1) the Minister in writing within 15 (fifteen) working days after receipt of the application referred to in article 20 paragraph (1), ordered in writing to the Director General of the Planologi Forestry to conduct assessments.
(2) the Director General of the Planologi Forestry in writing within 10 (ten) working days after receiving the written orders referred to in subsection (1): a.  convey the proposed issuance of the letter of dispensation the use of forest area following the map attachment to the Minister, in which case the petition meets the requirements; or b.  on behalf of the Minister published a letter of rejection, in which case the petition does not meet the requirements.
(3) the Minister in writing within 15 (fifteen) working days after receiving the proposal referred to in paragraph (2) letter a, published a letter of exemption from the use of forest areas.
The fifth part of the forest area Borrowed Permits Use of article 22 (1) based on the fulfillment of obligations in the agreement of principles of forest area as referred to in article 16, the holder of the approval of the principle of the use of forest area and loan apply for permission use forested areas to the Minister.
(2) the Minister in writing within 15 (fifteen) working days after receipt of the application referred to in subsection (1), ordered in writing the Director General Planologi Forestry to conduct an assessment of the fulfilment of obligations.
(3) the petition thing nbspDalam & has not filled all the obligations, Director General of the Planologi Forestry in a period of not longer than 15 (fifteen) working days, publish a notice of deficiency of fulfillment of obligations.
(4) in the case of the petition has filled the whole obligation, Director General of the Planologi Forestry in a period of not longer than 30 (thirty) working days deliver the proposed issuance of permission sharing forest area borrowed the following map Appendix to the General Secretary of the Ministry of forestry.
(5) the Secretary General of the Ministry of forestry in the longest period of 15 (fifteen) working days from receiving the proposed licence issuing loan use forested areas as referred to in paragraph (4) did the legal research and convey the concept of loan use permit Decision forest area and map the attachments to the Minister.
(6) the Minister in writing within 15 (fifteen) working days after receiving the concepts referred to in paragraph (4), publish the decision permits borrow use forested areas.
Article 23 (1) if in the area of loan use permits forest area as referred to in article 22 paragraph (6) there is a diversified use of forest area, the holder of the permit loan use forest area in question can apply for loan use forested areas to the Minister.
(2) the Application referred to in subsection (1) is required comes with a revised business license, AMDAL and work plan.

(3) the Minister in writing within 15 (fifteen) working days after receipt of the application referred to in subsection (1), ordered, in writing, to the Director General of the Planologi Forestry to conduct assessments.
(4) the Director General of the Planologi Forestry in writing within 10 (ten) working days after receiving the written orders referred to in subsection (1): a.  proposed changes to permit decisions convey borrow use following forest area map Appendix to the General Secretary of the Ministry of forestry, in which case the petition meets the requirements; or b.  on behalf of the Minister published a letter of rejection, in which case the petition does not meet the requirements.
(5) the Secretary General of the Ministry of forestry in the longest period of 15 (fifteen) working days from receiving the proposals referred to in paragraph (2) letter a doing research the law and convey the concept of Minister's decision regarding changes to permit loan use forested areas and map the attachments to the Minister.
(6) the Minister in writing within 15 (fifteen) working days after receiving the proposal referred to in subsection (5), publish the decision on the change permissions: use forested areas.
Article 24 (1) if in the area of loan use permits forest area as referred to in article 22 paragraph (6) there is a petition for the use of the new forest area in order to diversify the use of forest area before, then the petition is obligated to cooperate with the holder's permit loan use existing forest area.
(2) the Application referred to in subsection (1) is filed by the holder of the permit may borrow wear come with requirements: a. cooperation agreement which poured in deed of notariil;
b. revision of business license, and the AMDAL plan work.
(3) the Minister in writing within 15 (fifteen) working days after receipt of the application referred to in subsection (1), ordered, in writing, to the Director General of the Planologi Forestry to conduct assessments.
(4) the Director General of the Planologi Forestry in writing within 10 (ten) working days after receiving the written orders referred to in subsection (1): a.  proposed changes to permit decisions convey borrow use following forest area map Appendix to the General Secretary of the Ministry of forestry, in which case the petition meets the requirements; or b.  on behalf of the Minister published a letter of rejection, in which case the petition does not meet the requirements.
(5) the Secretary General of the Ministry of forestry in the longest period of 15 (fifteen) working days from receiving the proposals referred to in paragraph (2) letter a doing research the law and convey the concept of Minister's decision regarding changes to permit loan use forested areas and map the attachments to the Minister.
(6) the Minister in writing within 15 (fifteen) working days after receiving the proposal referred to in subsection (5), publish the decision on the change permissions: use forested areas.
The sixth section Permission To Borrow Use forest area Surveying or exploration of article 25 (1) the Minister in writing within 15 (fifteen) working days after receiving the application for permission of use forest area borrowed for surveys or exploration as stipulated in article 11 paragraph (2), ordered in writing to the Director-General of Forestry Planologi to: a. assess the technical and administrative requirements as referred to in article 13 and article 14; and b.  coordinate the technical considerations of Echelon I associated the scope of the Ministry of forestry and the Director of Perhutani in terms of being at work Perhutani area.
(2) in the case of the petition does not meet the requirements of Forestry Planologi, Director-General for a period of not longer than 5 (five) working days, publish notice of the terms of the following incomplete returns file the petition.
(3) in the event that the petition meets the requirements, the Director General of the Planologi forestry, within a period of not longer than 15 (fifteen) working days delivered a letter request to the technical considerations: a. the Director General of forest protection and nature conservation, in a location that is requested resides on a protected forest area.
b. the Director General Community Development Efforts of forestry, in a location that is requested resides on the production forest area.
c. Director of Perhutani, if the requested location is at work Perhutani area.
(4) on the basis of the letter of request referred to in subsection (3) the Director General of forest protection and nature conservation or Community Development Efforts of forestry Director General or Director of Perhutani for a period of not longer than 30 (thirty) days of work, conveying the technical considerations to the Director General of the Planologi forestry.
(5) in the case of technical consideration has not been received and the time period for the submission of technical considerations as referred to in paragraph (4) has expired, the Director General of the Planologi Forestry in a period of not longer than 15 (fifteen) working days of the meeting initiated discussion in order to provide the technical considerations to the Minister.
(6) the Director General of Forestry Planologi after receiving the technical considerations as mentioned in subsection (4) or the results of the discussion referred to in subsection (5): a.  in the matter of the petition does not meet the conditions, on behalf of the Minister in writing within 15 (fifteen) working days, published a letter of rejection; or b.  in the event that the petition meets the conditions, for a period of not longer than 30 (thirty) working days delivered a proposal to permit the issuance of loan use forested areas to survey or exploration activities the following map Appendix to the General Secretary of the Ministry of forestry.
(7) the Secretary General of the Ministry of forestry in the longest period of 15 (fifteen) working days from receiving the proposals referred to in paragraph (6) letter b doing legal research and convey the concept of loan use permit Decision forest area for the activities of the survey or exploration and map the attachments to the Minister.
(8) the Minister in writing within 15 (fifteen) working days after receiving the concept referred to in subsection (7), publish the decision permits borrow use forest area for the activities of the survey or exploration.
The seventh part of the obligations of the holder of the Loan Use Permits forest area of article 26 (1) the holder of the permit loan use forest area as referred to in article 22 paragraph (9), compulsory: a. carry out reforestation on land compensation for holders of permission sharing forest area borrowed with the obligation of providing compensation land;
b. pay PNBP use of forest area and do the planting in the framework of rehabilitation of watersheds for the holder of the permit loan use forest area with the obligation to pay usage of forest area PNBP and do the planting in the framework of rehabilitation of watersheds;
c. carry out reclamation and reforestation on forest areas that are not to be used without waiting for the completion of the period of loan use permits forest area;
d. pay: 1. reimbursement of the value of the forest and the provision of forest resources (PSDH) on forest plants from crops from IUPHHK-HT and Reforestation Fund, PSDH (Dr.) and the replacement value of the stands of the plant is not the result of IUPHHK-HT appropriate legislation; or 2.  PSDH, DR and the replacement value of the forest, and other financial obligations in the natural forest of IUPHHK-HA in accordance of legislation; or 3.  PSDH, DR and the replacement value of the forest, and other financial obligations on natural forest outside acreage IUPHHK-HA/HT appropriate legislation;
e. perform maintenance loan limit wear forest area;
f. carry out corresponding regulations forest protection;
g. secure the forest conservation and protected forest area in terms of loan use forested areas bordering forest conservation and protected forest, and coordinating with: 1. The head of the Balai Besar/Head Technical Implementing (UPT) wing Affairs conservation forest area, forest area for conservation;
2. The Head Office of district/city: forestry affairs or the Director of Perhutani on work areas, for the Perhutani forests protected areas; or 3.  The head of the Union of forest management (KPH) in terms of already formed KPH in the region.
h. provide ease for both the Centre of forestry authorities nor the area at the time of monitoring and evaluation in the field;
I assume the entire cost as a result of loan use forested areas;
j. coordinate the activities of local forestry authorities and/or to the holder of the permit or forest Manager forest utilization;
k. submit work plan fulfilment of obligations referred to in letters a through j, with a maximum of 100 (one hundred) working days after the published decision of the loan use permits forest area; and l.  create reports periodically every 6 (six) months to the Minister regarding the use of forest area borrowed it, with copy of: 1. The Director-General of forestry Planologi;
2. The Director General of Bina Usaha Forestry;
3. The Director General of forest protection and nature conservation;
4. the Director-General of the corporate management of watersheds and Social Forestry;
5. the head of Department of the province and district/city: forestry;
6. Director of Perhutani, when being in the region it works;
7. The head of the establishment of the Hall forest area; and 8.  The Head Of Hall Management Of Watersheds.
(2) the report referred to in subsection (1) the letter l, load: a. plan and realization forest area;
b. plan and realization of reclamation and revegetasi;
c. plan and realization of reforestation of land compensation in accordance with the regulations;
d. fulfillment of obligations to pay PNBP use of forest areas;

e. plan and realization of planting in watersheds in accordance of legislation; and f.   the fulfillment of other obligations appropriate permission borrow use forested areas.
Article 27 (1) the holder of a permit for the forest area use loan activity surveys or exploration as stipulated in article 25 paragraph (9), compulsory: a. carry out the reclamation and reforestation on forest areas that are not to be used without waiting for the completion of the period of loan use permits forest area;
b. pay: 1. reimbursement of the value of the forest and the provision of forest resources (PSDH) on forest plants from crops from IUPHHK-HT and Reforestation Fund, PSDH (Dr.) and the replacement value of the stands of the plant is not the result of IUPHHK-HT appropriate legislation; or 2.  PSDH, DR and the replacement value of the forest, and other financial obligations in the natural forest of IUPHHK-HA in accordance of legislation; or 3.  PSDH, DR and the replacement value of the forest, and other financial obligations on natural forest outside acreage IUPHHK-HA/HT appropriate legislation;
c. replace the cost of investment management/utilization of forests in accordance with the broad area of loan use forest area to permit holder/Manager of forest utilization, appropriate legislation;
d. implement appropriate forest protection legislation;
e. provide ease for both the Centre of forestry authorities nor the area at the time of monitoring and evaluation in the field;
f. assume the entire cost as a result of loan use forested areas; and g.  create a report of fulfillment of obligations set out in the permit regularly every 6 (six) months to the Minister.
(2) the holder of a permit for the forest area use loan activity surveys or exploration as stipulated in article 25 paragraph (8), prohibited from making a permanent building.
Article 28 (1) the holder of a permit for the forest area use loan activities exploration mining that performs sampling activities intervened as stipulated in article 25 paragraph (8), in addition to the obligations referred to in article 27 paragraph (1) is required: a. submit and menghutankan land compensation that is not problematic in the field (de facto) and law (de jure) referred to in article 7 paragraph (2) letter a number 3; or b.  pay funds PNBP use of forest area and execute the plantings in the framework of rehabilitation of watersheds as referred to in article 7 paragraph (1) letter b number 2.
(2) the payment of funds Usage PNBP forest area as referred to in paragraph (1) letter b stops if the revegetasi stated that successful Event News poured in Handover Revegetasi with proof of payment of funds Usage PNBP forest area during the process of revegetasi has not been declared successful.
Article 29 (1) the holder of the permit loan use forested areas are prohibited: a. memindahtangankan disposable forest area borrowed permission to another party or name changes without the approval of the Minister;
b. menjaminkan or mengagunkan permit area borrow use forested areas to the other party.
(2) permit Pemindahtanganan borrow use forest area or name changes as referred to in paragraph (1), done by applying to the Minister accompanied the completeness of document permissions.
(3) the documents referred to in subsection (2) in the form of deed of establishment and its changes following the licensing in the field of original or legalized by a notary public or a Publisher agency officials as well as other supporting documents.
Article 30 (1) the Minister in writing within 15 (fifteen) working days after receipt of the application referred to in Article 29 paragraph (2), ordered, in writing, to the Director General of the Planologi Forestry to conduct assessments.
(2) the Director General of the Planologi Forestry within the period of 5 (five) working days after receiving the written orders referred to in subsection (1): a.  on behalf of the Minister published a letter of rejection, in which case the petition does not meet the requirements; or b.  convey the proposed issuance of pemindahtanganan or changes the name to the Secretary General of the Ministry of forestry, in which case the petition meets the requirements.
(3) the Secretary General of the Ministry of forestry in the longest period of 15 (fifteen) working days from receiving the proposals referred to in paragraph (2) letter b conduct research of law and convey the concept of pemindahtanganan or approval letter changes the name to the Minister.
(4) the Minister in writing within 15 (fifteen) working days after receiving the concepts referred to in paragraph (3), issued the subpoena pemindahtanganan or name change.
The eighth section of the Wood utilization of article 31 (1) Permits borrow use forest area as referred to in article 22 paragraph (6) and article 25 paragraph (8) and the exemption referred to in Article 9 paragraph (3) applies as the permit utilization of the wood, as well as income and permit the use of the equipment.
(2) deforestation do gradually in accordance with the work plan of the opening of the annual land use forest area borrowed acreage.
(3) the holder of the permit loan use forested areas as referred to in paragraph (1), in order to implement mandatory tree felling administering forest products.
(4) Wood Utilization as referred to in paragraph (1), subsection (2) and paragraph (3) are based on the regulations of the Minister about utilization of wood.
The ninth section of land Compensation Article 32 (1) Prospective land compensation referred to in article 16 paragraph (2) letter a, obliged to satisfy the requirements: a. its location directly adjacent to forest area;
b. located in watersheds, island, and/or the same province;
c. can be dihutankan back by conventional means;
d. is not in dispute and are free from any kind of imposition and dependents; and e.  got a recommendation from the Governor or Regent/Mayor.
(2) against the prospective land compensation provided by an applicant referred to in subsection (1) do the inspection field for technical and legal feasibility was assessed by a team coordinated by the Head Office of the Province: forestry.
(3) the team referred to in paragraph (2) with the members of the Department consists of two provinces: Department of forestry, district/city: forestry, management of watersheds, forest area, the establishment of the Hall Office of national land Agency Kabupaten/Kota, Perhutani Unit according the territory it works and elements of the Regional Secretariat of the province or district/city.
(4) the results of the technical and legal feasibility assessment referred to in paragraph (2) was poured in the news show, and delivered by the head of the provincial Department of forestry to the wing Director General Planologi forestry.
(5) the Director General of the Planologi Forestry in a period of not longer than 15 (fifteen) working days after receiving the News of the event referred to in paragraph (4) convey the considerations to the Minister.
(6) the Minister in writing within 15 (fifteen) working days after receiving the consideration referred to in subsection (5), publish: a. letter of rejection, in terms of prospective land compensation does not meet the requirements, or b.  approval of land compensation, in the event that the candidate meets the requirements of the compensation land.
Article 33 (1) in the case of prospective land compensation approved by the Minister as stipulated in article 32 paragraph (6) letter b, the holder of the approval of the principle of compulsory use of forest areas solving land compensation in the field (de facto) and law (de jure), provided that: a. the right to land for land compensation, whether registered or unregistered, that has not been done by granting waiver indemnity;
b. to land the right to the compensation of land registered in the land book pencoretan done and certificate; and c.  to land the right to the compensation of land which has not been registered (c/girik leter) carried out pencoretan in the book and the map of the village.
(2) in the event that the holder of the consent principle has completed the obligation referred to in subsection (1), the Director General of the Planologi Forestry along the applicant within a period of not longer than 30 (thirty) working days to sign the Handover Event News Land Compensation for forest areas.
(3) on the basis of the News Event as referred to in paragraph (2), the Director General of Forestry Planologi longest period of 20 (twenty) working days deliver the proposed issuance of the decision of the land compensation designation into forest areas and attachment to the Secretary-General's map of the Ministry of forestry.
(4) the Secretary General of the Ministry of forestry in the longest period of 15 (fifteen) working days from receiving the proposed issuance of the decision of the land compensation designation referred to in paragraph (3) did the legal research and convey the concept of a decision of the land compensation designation became the forest area and the attachment of a map to the Minister.
(5) the Minister in writing within 15 (fifteen) working days after receiving the concepts referred to in paragraph (4), publish a decision on the designation of land compensation into a forest area.
Article 34 (1) based on a decision of the Minister on the appointment of the compensation land as forest area as referred to in article 33 paragraph (5), the holder of the approval of the principle of the use of forest areas for a period of not longer than 180 (one hundred eighty) days is obligated to carry out the grammar limits forest area originating from land compensation.
(2) activities of tata's upper limit of forest areas as referred to in paragraph (1) was carried out in accordance with the provisions of the legislation.

(3) the Director General of the Planologi Forestry in a period of not longer than 15 (fifteen) days from receiving the news show's Layout limits of forest areas as referred to in paragraph (2) to conduct research and deliver the proposed issuance of the Minister's decision on the determination of forest area originating from land compensation and map Appendix to the General Secretary of the Ministry of forestry.
(4) the Secretary General of the Ministry of forestry in the longest period of 7 (seven) working days from receiving the proposals referred to in paragraph (3) did the study of law and convey the concept of Minister's decision on the determination of forest area originating from land compensation and map the attachments to the Minister.
(5) the Minister in writing within 15 (fifteen) working days from receiving the concept and the map referred to in subsection (4) published a decision on the determination of forest area originating from land compensation.
Article 35 (1) the compensation land reforestation Technical, including the types of plants are determined in accordance with the functions and management plan or the plan of utilization of forest areas or reforestation of the draft drawn up by the applicant with the guidance of the head of the porch of the local Watershed Management or Director of Perhutani for the compensation of land bordering the region Perhutani.
(2) plant handover results poured in reforestation News Event Handover plant reforestation of holder of permission to use borrowed Head district/city: forestry or Director of Perhutani in work areas are in the Perhutani.
(3) the provisions of the implementation of reforestation of land compensation has been appointed into forested areas as stipulated in article 33 paragraph (5) is set in a regulation of the Minister.
CHAPTER III time period and extension of APPROVAL of the PRINCIPLE of the USE of FOREST AREA and forest area Borrowed Permits Wear Parts is considered a period of Article 36 (1) the period of the approval of the principle of the use of forest areas or forest area borrowed permits use for surveys or exploration given for 2 (two) years.
(2) the period of loan use permits forest area in addition to the survey or exploration given licensing period equal to corresponding field and done according legislation.
(3) the length of time the permit loan use forested areas for activities that do not require permissions appropriate field, use forest area borrowed permits are granted for a period of not longer than 20 (twenty) years.
(4) the period of loan use permits forest area in the interest of the defense of the country, traffic safety means of sea or air, public roads, check dam, dam, sabo, and means of meteorology, climatology and Geophysics, as well as religion, provided for use in accordance with the permission of loan use.
(5) in the case based on the evaluation results, the holder of the permit loan use forested areas no longer use forest area in accordance with the permission of loan use forest area, forest area sharing borrow permits revoked by the Minister.
The second part of the extension of the consent principle of use of forest area and forest area Borrowed Permits Use of article 37 (1) approval of the principle of the use of forest areas, forest areas sharing borrow permits and permission to borrow use forested areas to survey or exploration can be extended based on the results of the evaluation.
(2) the application for an extension of the principle of consent of the use of forest areas and permit the extension of the loan use forested areas for exploration or survey as referred to in paragraph (1) is filed within the longest of three (3) months before the expiry of the permit.
(3) the application for extension of the loan use permits forest area in addition to the survey or exploration as referred to in paragraph (1) proposed the longest period of 6 (six) months prior to the expiry of the permit.
(4) the application for an extension referred to in paragraph (2) and paragraph (3) addressed to the Minister of the enclosed evaluation results.
(5) the Minister in writing within 15 (fifteen) working days after receipt of the application referred to in subsection (4), ordered, in writing, to the Director General of the Planologi Forestry to conduct assessments.
(6) in the event that the petition did not meet the requirements, the Director General of Forestry Planologi on behalf of the Minister for a period of not longer than 5 (five) working days to publish a letter of rejection.
(7) in the case of the petition meets the requirements of Forestry Planologi, Director-General for a period of not longer than 15 (fifteen) working days deliver the proposed issuance of an extension of the principle of consent of the use of forest areas or permit loan use forest area and a map of the appendix to the General Secretary of the Ministry of forestry.
(8) the Secretary General of the Ministry of forestry in the longest period of 15 (fifteen) working days from receiving the proposals referred to in paragraph (7) melakukaan research letters convey the concept of law and the extension of the principle of consent of the use of forest areas or wear and borrow permits extension map Appendix to the Minister.
(9) the Minister in writing within 15 (fifteen) working days after receiving the concepts referred to in paragraph (8), published a letter of approval of the extension of the principle of the use of forest areas or permit renewal loan.
CHAPTER IV MONITORING and EVALUATION Article 38 (1) the Minister is doing the monitoring and evaluation of: a. the holder of the approval of the principle of the use of forest areas;
b. the recipient of dispensed borrow use forested areas; and c.  the holder of the permit loan use forested areas.
(2) Monitoring as referred to in subsection (1) done as a construction permit holders in order to borrow use forested areas fulfilling the obligations as set out in the permit.
(3) the evaluation as referred to in paragraph (1) will be conducted to find out the magnitude of the difference between the status of the fulfillment of obligations and duties set forth in the principal agreement of use permit or forest area borrowed wear forest area as an ingredient in the decision-making of the extension or correction measures including sanctions.
(4) the implementation of the activities of the monitoring and evaluation referred to in paragraph (1), assigned to the Governor.
(5) the Governor may assign the head of the Provincial Forestry Department wing to form and coordinate the activities of the monitoring and evaluation referred to in paragraph (1).
(6) the Monitoring and evaluation referred to in paragraph (5) was done by teams with members of the establishment of the Hall consists of forest area, the management of watersheds, Forest Utilization Monitoring Production Hall, Office of the provincial and Regency/City: forestry and/or the Office of the district/city: energy and mineral resources, as well as other related elements.
(7) Monitoring as referred to in paragraph (6) was carried out at least 1 (one) time within 1 (one) year.
(8) the evaluation as referred to in paragraph (6) was carried out at least one (1) times within 5 (five) years.
(9) the Head Office of the Province: forestry convey the results of the monitoring and evaluation referred to in paragraph (7) and (8) to the Minister with a copy to the Director-General of the Planologi forestry.
Article 39 further Provisions regarding the monitoring and evaluation referred to in Article 38 set by regulation Director General Planologi forestry.

Article 40 in terms of results the evaluation over the fulfillment of obligations of the holder's approval of the principle of the use of forest area/recipients/permit holder may borrow use forested areas as stipulated in article 38 paragraph (9), did not fulfill the obligations specified, permit holders are penalized in accordance regulatory legislation.

Chapter V HAPUSNYA PERMISSION Article 41 Consent principle the use of forest areas as referred to in article 15 paragraph (8) or the permission of loan use forested areas as referred to in article 22 paragraph (6) and article 25 paragraph (8) delete if: a. a period of approval of the principle of the use of forest areas or use forest area borrowed permission has expired;
b. repealed by the Minister;
c. voluntarily handed back by the holder of the approval of the principle of the use of forest areas permit holders may borrow or use forested areas to the Minister before the period ends with a written statement;
d. forest area borrowed wear changed designation becomes not a forest area or changing the function into a function of forest usage is prohibited based on legislation; or e.  Exploration licences (IUP Exploration)/production operation Mining business license (IUP-production operations) or other licence revoked by its appropriate officials.
Article 42 (1) Hapusnya borrow permits use forested areas as referred to in article 41 does not absolve the obligation of the holder of the permit loan use forested areas to settle obligations: a. pay PNBP use of forest areas;
b. do the planting in the framework of rehabilitation of watersheds;
c. perform reclamation and/or reforestation in the area of loan use the forest area has not been used;
d. pay the replacement value of the forest, and the PSDH, and/or DR. in accordance with legislation; and e.  carry out other obligations set out in the permit loan use forested areas.
(2) at the time of loan use permit hapusnya forest area as referred to in article 41, the existence of: a. the goods not moving as well as plants that have been grown in the area of loan use permits forest area becomes the property of the State; and b.  chattels belonging to the holder of the permit.
(2) chattels referred to in paragraph (2) letter b mandatory expulsion from the forest area by the holder of the permit to remove permissions for the longest period of 6 (six) months from the hapusnya permit or reclamation activities since judged successful.

(4) When up to the time limit referred to in subsection (3), the holder of the permit does not issue delete permissions for goods moving from forest areas, moving goods auctioned off in accordance with the legislation.
Article 43 (1) with the expiration of the period of loan use permits forest area and assessment of reclamation success have been met, then the Minister issued the decision end of loan use permits forest area.
(2) Upon the expiry of the permit decision borrow use forested areas as referred to in paragraph (1), performed the handover area borrow use forested areas, provided: a. the work done between Perhutani Director Perhutani and the holder of the permit loan use forested areas;
b. on a forest area that has saddled the permit utilization of the forest, or forest area that there has not been and is not encumbered by the permit utilization of the forest, between the Head Office of the Province: forestry permit holders borrow use forested areas.
CHAPTER VI SANCTIONS Article 44 (1) Every holder of a permit loan use forested areas that do not meet the obligations as stipulated in article 26, article 27 and/or Article 28 Article 29 or in violation of subsection (1) are the sanctions in the form of revocation of wear forest area borrowed by the Minister.
(2) revocation borrow use forested areas as referred to in subsection (1) is imposed after the warning is given three (3) times in a row each for a period of 30 (thirty) days of work by the Director General of the Planologi forestry.
CHAPTER VII TRANSITIONAL PROVISIONS Article 45 with the entry into force of this regulation of the Minister: a. petition for the use of forest areas that have yet to gain the approval of the principles, the solution is processed in accordance with this regulation.
b. recommendations of the Governor or Regent/mayor who is one of the requirements of the appropriate regulation of the Minister of forestry Number P. 43/Menhut-II/2008 of 10 July 2008 on guidelines for Loan Use forest area and was declared complete and still in the process stated remains valid.
c. approval of the principle of the use of forest areas that have been given by the Minister prior to the entry into force of these regulations and have filled all the obligations set out in the agreement of principle can be processed into permission borrow wear forest area with the appropriate obligations encumbered with this rule.
d. approval of the principle of the use of forest areas that have been given by the Minister prior to the entry into force of this regulation and have not filled all the obligations in the agreement of principles, obligations adjusted to the provisions of this regulation.
e. use of the principle of consent of the forest area which are not limited by time period stated applies and must meet the conditions in accordance with this regulation.
f. loan agreement to wear a forest area declared as permit loan use forest area and its adapted to the conditions of this regulation.
g. loan agreement or permit sharing forest area that does not include the obligation of providing compensation or liability land mereboisasi forest area outside forest area sharing areal loan burdened obligations in accordance with the provisions of this regulation.
h. application for permit renewal activity surveys, and exploration based on the evaluation results meet the requirements, are processed into permission borrow use forested areas with burdened the obligation in accordance with this regulation.
i. application for extension of approval of the principle of the use of forest areas, based on the evaluation results meet the requirements, are processed in accordance with obligations encumbered with this rule.
j. application permit extension of loan use forested areas that are based on evaluation results meet the requirements, are processed in accordance with obligations encumbered with this rule.
k. permission or agreement loan use forest area which is done before the enactment of government regulation Number 24 of 2010 on the use of forest area remains valid until the expiration of the permit or agreement loan use forested areas, except the change of designation or change the function of the forest area.
b.   approval of the principle of the use of forest areas or licensing the use of forest areas that have not been in compliance with these regulations is given a restriction period of 1 (one) year since the publication of this regulation in order to satisfy the requirements and/or obligations in accordance with the provisions of this regulation.
CHAPTER VIII PROVISIONS COVER Article 46 With the establishment of a forestry ministerial regulation this Regulation, the Minister of forestry Number P. 43/Menhut-II/2008 about the guidelines of the Loan Use forested areas, revoked and declared inapplicable.

Article 47 of the regulation the Minister of forestry began to take effect on the date of promulgation.

So everyone knows, this Minister of forestry Regulation enacted by its placement in the news of the Republic of Indonesia.

Established in Jakarta on 30 March 2011, INDONESIAN MINISTRY of FORESTRY ZULKIFLI HASAN Enacted in Jakarta on April 4, 2011 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR