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Regulatory Region Number 9 In 2011

Original Language Title: Peraturan Daerah Nomor 9 Tahun 2011

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>plays a role and has a principal task and function in the control and management of irrigation.

7. Water is all the water that is on, above or below the surface of the ground, including in this sense the surface water, groundwater, rainwater and sea water that are on the ground.

8. A source of water is a place or vessel of natural and/or artificial water that is present on, above, or below the surface of the ground.

9. Irrigation water is all water above or below ground level including surface water, groundwater, rainwater and seawater used for irrigation water purposes.

10. Irrigation is a means of provision, arrangement, and disposal of irrigation water to support agriculture, which includes irrigation of surface water, marsh irrigation, groundwater irrigation, irrigation pump and irrigation of tambak.

11. Irrigation systems include the Irrigation Prasarana, irrigation water, irrigation management, the institutional management of irrigation, and human resources.

12. The provision of irrigation water is the determination of the volume of water per unit of time allocated from a source of water for an irrigation area based on time, quantity and quality in accordance with the need to support agriculture and other disarmament.

13. Irrigation Water Settings is an activity that includes division, giving, and use of irrigation water.

14. Irrigation Water Sharing is the activity of dividing the water in buildings for the primary and/or secondary networks.

15. Irrigation water is the arousal of channeling the water with certain amounts of primary or secondary tissue to tertiary tenement.

16. Irrigation water is the use of water from tertiary tenement to irrigate agricultural land at the time of the need.

17. Irrigation water disposal, then called drainage, is a watershed of excess water that is no longer used in a particular irrigation area.

18. Irrigation area is a unit of land that gets water from a single irrigation network.

19. Irrigation Network is a conduit, building, and full building which is a single unit required for the provision, sharing, granting, use, and disposal of irrigation water.

20. The Primary Irrigation Network is part of an irrigation network consisting of the main building, the primary/primary channel, its opening line, building for, the building for the sadap and the building.

21. The Secondary Irrigation Network is part of an irrigation network consisting of secondary channels, its opening lines, buildings for the sadap, the sadap building and the building.

22. The Fatherland Basin is a region that is bounded by a boundary by the hydrogeologic boundary, where all hydrogeologic events such as the process of recution, flow, and release of groundwater are in place.

23. The Groundwater Irrigation Network is an irrigation network whose waters come from groundwater, ranging from wells and pump installations up to the groundwater irrigation channel including buildings in it.

24. The Groundwater Irrigation Channel is part of a groundwater irrigation network that started after the pumping building until the land is watted.

25. The Village Irrigation Network is an irrigation network that is built up and managed by the village community or village government.

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26. The Tertiary Irrigation Network is an irrigation network that serves as an irrigation water service infrastructure in a tertiary grid consisting of a tertiary channel, quaternary channel and exhaust ducts, tertiary boxes, quarter boxes, and more buildings.

27. The so-called P3A of the Water-based Farmers ' Society is the institutional irrigation manager of a hokum-based irrigation farmer in a service area or village, which is established democratically by and for the peasant community.

28. The next combined water-based farmer called GP3A is the institutional irrigation agency of the law, which is the vessel of water-wearer farmers in a secondary irrigation network service that is set up democratically by and for the next time. Farmer society.

29. The water-based farmer's parent, called the IP3A, is the institutional irrigation agency of the hokum, which is the vessel of water-user farmers in an area of primary irrigation network services or a democratically shaped irrigation area. by and for the peasant community.

30. The Peasant Society is a group of people that are engaged in agriculture, both of which have been incorporated into the P3A/GP3A/ IP3A and other unincorporated peasants and/or are not affiliated with the P3A/GP3A/IP3A organization.

31. The Provincial Irrigation Commission is the coordination and communication institution between the deputy Provincial Government, the deputy P3A level of irrigation area, the deputy user of irrigation network in the Regions and deputy of the District/City Irrigation Commission on which the network is located The irrigation is the responsibility of the Provincial Government.

32. The County/City Irrigation Commission is the coordination and communication institute between the deputy P3A/GP3A/IP3A, the deputy user of the irrigation network in the District/City.

33. Development of an irrigation network is the construction of a new irrigation network and/or an increase in existing irrigation networks.

34. The development of irrigation networks is a whole of the provision of irrigation networks in certain areas that no network of irigas has yet to provide.

35. An improved irrigation network is an activity to improve the functioning and conditions of existing irrigation networks or activities adding to the area of service to an existing irrigation network by considering changes in regional environmental conditions. irrigation.

36. The management of irrigation networks is an activity that includes operations, maintenance, and rehabilitation of irrigation networks in the irrigation area.

37. The operation of irrigation networks was an attempt to set up irrigation water and its creation, including the opening of the building's doors

irrigation, building a plan of planting, compiling a group system, setting up a water-sharing plan, carrying out Calibration/building calibration, collecting data, monitoring, and evaluating.

38. The maintenance of the irrigation network was an effort to maintain and secure irrigation networks to function properly in order to smooth the operation and preserve its own delictest.

39. The rehabilitation of the irrigation network is an improved irrigation network to restore the functions and services of the irrigation as originally.

40. The Provincial Irrigation Commission is a coordination and communication institution between the deputy provincial government, deputy assembly of the water-users of the irrigation area, the deputy user of irrigation networks in the province, and the deputy district irrigation commission/City that is related.

41Province Number 4 of 2008 on the Establishment of the Organization and Regional Services of the Provincial Regional Service of West Sumatra;

With the Joint Agreement

COUNCIL OF REPRESENTATIVES OF THE REGION OF WEST SUMATRA PROVINCE

and WEST SUMATRA GOVERNOR

DECIDE:

STIPULATING: AN AREA REGULATION ON IRRIGATION

CHAPTER I OF THE GENERAL PROVISION

Article 1 In this Area Regulation, referred to: 1. Area is West Sumatra Province. 2. Regional Government is the Government of West Sumatra Province. 3. The Governor is the Governor of West Sumatra. Service is the Ministry of Water Resources Management of the Province of Sumatra

West. 5. The head of the Service is the Head of the Provincial Water Resources Management Service

West Sumatra. 6. The related Technical Service is a Regional Device Working Unit, which

BAB II

ASAS, PURPOSE, FUNCTION AND SCOPE OF THE Section

Asas Section 2

Irrigation is managed under asas: a. Participatory; b. Environmental insight; c. Sustainability; d. balance; e. General security; f. An alloy; g. It's a little bit. justice; i. Self-reliance; j. transparency; and k. accountability.

The Second Part of Purpose and Functions

Article 3 (1) Irrigation is managed with the purpose of regulating development and

management of an irrigation system in the Regions efficiently and effectively, directionally, and sustainable, and put on the farmers ' interests.

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(2) Irrigation serves to support agricultural productivity in order to increase agricultural production in the framework of food catering as well as improve public welfare, especially farmers.

Third Quarter of the Scope Room

Section 4 The scope of irrigation arrangements includes: a. the development and management of a hosted irrigation system

partiatively, integrated, environmental insight, transparent, accountable and fair-minded.

b. the construction of irrigation networks that include the provision of irrigation networks in certain wilyah that have not yet been its irigas network; and

c. an increase in irrigation networks covering the activities of improving the functioning and conditions of the irrigation network already there or activities add to the area of service area on an existing irrigation network considering changes in the environmental conditions of irrigation.

Article 5

Development and management of irrigation systems, network development irrigation and the improvement of irrigation networks as referred to in Article 4 It takes place throughout the irrigation area that is the authority of the local government by engaging all interested parties as well as the role of peasant society.

BAB III

THE AUTHORITY AND RESPONSIBILITY OF THE PART

The provisions and responsibilities of Section 6 of the Government Section

The authority and responsibility of local government in the holding of government matters of development and management of irrigation systems include: a. establish a policy in the development and management of the system

irrigation based on national policy by considering the interests of the surrounding provinces;

b. carry out the development of primary and secondary irrigation systems in the area of cross-county irrigation/Kota;

c. carry out the management of primary and secondary irrigation systems on irrigation areas that area 1,000 ha up to 3,000 ha or on County-type irrigation area/kota;

d. provide technical recommendations to the county/city government for the use and company of groundwater for irrigation taken from the county/city cross-water basin for irrigation;

e. facilitate the resolution of inter-county/city disputes in the development and management of irrigation systems;

f. maintaining the effectiveness, efficiency and order of implementation of the development of primary and secondary irrigation systems in cross-county irrigation areas/kota;

g. maintaining the effectiveness, efficiency and order of execution of primary and secondary irrigation systems in an irrigation area which is 1,000 ha to 3,000 ha or on the district/kota;

irrigate irrigation area. providing technical assistance in the development and management of irrigation systems to the county/kota;

i. providing assistance to the peasant community in the development and management of irrigation systems that are the responsibility of farmers ' society at its request based on the principle of independence;

j. forming a provincial irrigation commission; k. along with the related provinces can form an irrigation commission

between provinces; and/or l. provide development, utilization, alteration, and/or

dismantling of buildings and/or irrigation channels on primary and secondary irrigation networks in cross-county/city irrigation areas.

Article 7

(1) The local government may cooperate with the government and/or the county/city government in the development and management of primary and secondary irrigation networks on the basis of the agreement.

(2) Deal as set forth in an IBM International Program, as specified in the applicable paragraph (1),

Article 8

(1) The local government may receive the transfer of authority from the county/city government to carry out the management of primary and secondary irrigation systems on irrigation areas in one county/city which area is less of 1,000 ha, in terms of the county/city government not yet able to enforce it.

(2) The local government may accept the surrender of the authority of the county/city government to carry out the development of primary and secondary irrigation systems on the area irrigation in one

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district/city, in terms of the Regency/City Government not yet able to enforce it.

(3) the acceptable authority in submission as referred to in paragraph (1) and (2) only includes implementation of construction, enhancers or rehabilitation of irrigation systems.

(4) The implementation of the acceptance of some authority as referred to in paragraph (1) and paragraph (2) is conducted under the proposed submission of the county/city government to the local government which is accompanied by reason which includes technical and/or financial incompetence.

(5) The Government The area performs evaluation of the proposed submission as referred to in paragraph (4).

(6) Based on the evaluation as referred to in paragraph (5), the local government may state the receipt, either in part or in the whole, or not accept the proposal of surrender of the District/City Government's authority.

(7) In terms of the local government accepting the submission proposal as referred to in paragraph (6), local government and district/city government made a deal regarding the submission of partial authority of the county/city government to the government region.

(8) In terms of the local government not accepting the submission proposal as referred to in paragraph (6), the local government and the county/city government forwarded the proposed submission of authority that it had not received to the Government.

(9) In terms of local government not accepting the submission proposal as referred to in paragraph (8), local government, the kabupatencity government made a deal regarding the surrender of the county/city government's authority to the government.

Article 9

The local government is required to take over the implementation of some of the development authority and management of irrigation systems by the municipal/city government in terms of: a. The county/city government does not exercise some authority

development and management of irrigation systems so that it can harm the common interest; dan/or

b. Disputes between districts/cities.

The Second Part of the Task and Responsibility of the Farmer Society

Article 10 The duties and responsibilities of the peasant community in the development and management of irrigation systems include: a. carrying out the development and management of tertiary irrigation systems; b. maintaining the effectiveness, efficiency and order of development impld by the Governor's Ordinance in accordance with the provisions of the laws.

BAB IX

IRRIGATION NETWORK DEVELOPMENT Article 42

(1) The development and enhancing of irrigation networks is exercised based on the master plan of water resources in the river region with regard to the plan the construction of agriculture and the layout of the region, as well as in accordance with norms, standards, guidelines and manuers.

(2) The development and enhancer of irrigation networks as referred to in paragraph (1) must be given the permission and design approval of the government area.

(3) Building supervision and irrigation network upgrades exercised by the local government.

(4) The local government is responsible in the construction and increase of primary irrigation networks and skunder.

(5) The development and increase of primary and secondary irrigation networks can be carried out by P3A, GP3A and IP3A according to their requirements and capabilities based on regional government permits in water resource management.

(6) Construction and increase of tertiary irrigation networks become the rights and responsibilities of P3A, GP3A and IP3A

(7) In terms of P3A is not capable of carrying out development and upgrading networks Tertiary irrigation is the right and responsibility, the local government can help the construction of a tertiary irrigation network based on requests from P3A, GP3A and IP3A with regard to the principle of self-reliance.

(8) The business agency, the social body, Or individuals who used water from the water source through irrigation networks that the government built could build their own network for agricultural purposes after obtaining local government approval.

Article 43

Development and/or increased irrigation networks are carried out simultaneously with Agricultural development activities are irrigated in accordance with plans and agricultural development programs by considering the readiness of local farmers.

the provisions of the laws.

(6) In terms of water availability from insufficient water to cause changes in water supply plan resulting in changes in water allocation for irrigation, the P3A readjusting the design plan for the irrigation area. concerned.

Section 34

Drafting of the annual plan of irrigation water which is the authority of the Government that is granted to the Governor based on the principle of deconcentration, applicable provisions as referred to in Article 33.

Article 35 In case there is a drought on the source of the water resulting in a shortage of irrigation water so that the substitution of irrigation water, local governments may attempt additional irrigation water supply from other sources of water or make adjustments to the provision and arrangement of irrigation water after the end of the water. Consider the input of the regional irrigation commission in accordance with the laws.

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Fourth section of the irrigation water setup

section 36 (1) The implementation of irrigation water arrangements is based on the designation of the plan

The cultivation and annual plan of providing irrigation water containing the division's annual plan of division and irrigation water.

(2) The draft annual plan of division and irrigation irrigation was compiled by the Service based on the annual recana of the provision of irrigation water and P3A, GP3A and IP3A regarding the needs of water and the plan of planting.

(3) An annual plan for the division and irrigation of irrigation as it means. verse (2) discussed and agreed upon by the provincial irrigation commission and irrigation commission of the Regency/City in accordance with the area of the irigas and specified by the Governor and/or Regent/Mayor with regard to the water needs for irrigation agreed to P3A, GP3A and IP3A are in any irrigation area.

(4) The division and irrigation of irrigation based on the annual plan of division and irgation of irruse water as referred to in verse (3) begin in the primary, secondary to tertiary tenement. by managing irrigation according to their respective needs.

Article 37

(1) The division of irrigation water in primary and or secondary networks is carried through the building for or building for the specified disadap.

(2) The division of irrigation water to tertiary tenement must be

(1) The use of irrigated water at tertiary level becomes the right and responsibility of the P3A.

(2) The use of irrigation water dperform from tertiary channels or quaternary channels on fixed places designated by P3A, GP3A and IP3A

(3) The use of water outside of the provisions as referred to in paragraph (2), done with regional government permission.

(4) The use of water for irrigation taken directly from the groundwater basin should get permission from the county/city government in accordance with the laws.

Article 39 In terms of the provision of insufficient irrigation water, the irrigation water setting is performed in rotation specified by the Governor and/or the Regent/Mayor in accordance with its responsibilities.

The Fifth Part

Drainage Section 40

(1) To regulate irrigation water properly that meets the terms of irrigation and agricultural engineering, then on any development of irrigation networks must be accompanied by the construction of a drainage network that is a single system entity with an irrigation network in question.

(2) Local governments together with county/city governments, P3A, GP3A and IP3A and society maintain and/or improve the survival of drainage functions.

(3) The public can enable drainage of drainage for agricultural purposes by means of the local government. receiving permission from service or county/city government according to the proposed P3A, GP3A and IP3A as long as it does not interfere with drainage functions.

(4) Seable drainage water may be reused in accordance with the rules of the rule. conservation.

(5) The excess irrigation water is flowing through Drainage networks must be guarded by a pollution prevention effort to meet quality requirements under the laws.

(6) Local Government, District/City Government, P3A, GP3A and IP3A and society are obligated to maintain drainage function.

Part Sixth

The use of Water for Water Irrigation Direct from the Water Resources Article 41

(1) Each water-user who uses water for irrigation taken directly from a surface water source, must be granted permission from the local Government in accordance with its authority in the management of water resources.

(2) Water Use for irrigation by way of taking directly from the groundwater basin should get permission from the local government in accordance with regulations and laws.

(3) Irrigation Aqueducts for fisheries must obtain recommendations from local and county/municipal governments in accordance with its authority on the proposal of the water-user farmers.

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(4) Further provisions on the regulation of irrigation water utilization for fisheries are regulateg, adjusting, or revoking the use of water efforts for irrigation.

Article 29

Further provisions on the layout and mechanisms for obtaining water for irrigation rights are governed by the Governor's Ordinance.

Third Part of the Irrigation Water Provision

Section 30 (1) The provision of irrigation water is intended to support land productivity

in order to increase the production of maximum agricultural production. (2) In this particular case, the provision of irrigation water as referred to

parag

Article 44 (1) Changes and/or dismantling of primary irrigation networks and

secondary resulting in shape changes and functions of primary and secondary irrigation networks must obtain the permission of the Governor.

(2) Changes and/or dismantling of tertiary irrigation networks must obtain approval of P3A, GP3A and IP3A

Article 45

Development, dismantling, alteration and/or the addition of building-water buildings and/or irrigation networks performed by the legal entity and individual social bodies must first obtain the permission of the Governor.

Article 46 The provisions are further on the layout the granting of construction permits, changes and/or the dismantling of irrigation networks is governed by the Governor's Ordinance.

BAB X

MANAGEMENT OF THE IRRIGATION NETWORK Section

The Irrigation Network Operations Section 47

(1) The operations of irrigation networks include: a. data collection jobs (data discharge, precipitation data, data

grow area, etc); b. work calibration work calibration tools; c. work makes the annual water supply plan, division

and annual water delivery, annual planting plan, drying plan, etc.;

d. work carrying out sharing and granting of water (including work: creating water demand reports, filling operating boards, setting door openings);

e. work regulates the doors of water on the bendung relating to the coming of the flood river discharge;

f. work set up a mud bag door to drain the silt deposits;

g. coordinate between related agencies; and h. monitoring and evaluation of irrigation network operation activities.

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(2) The operating system of irrigation operations includes:

a. The planning phase includes annual water supply planning, detailed planting planning, irrigation commission meetings to structure the plantt

Article 66 (1) The technical services are irrigated, in accordance with the responsibility

he is responsible for carrying out the management of irrigation assets under a set of established irrigation assets.

(2) the Agency efforts, social entities, individuals, or P3A, GP3A and IP3A carry out the management of irrigation assets that are their ongoing responsibility.

Fifth Quarter Evaluation of Irrigation Assets Management

Section 67 (1) Technical Service that rinse irrigation conduct evaluaraph (2) follows the norm, standart, guideline and applicable manual

Second Section

Irrigation Network Maintenance Section 48

(1) The scope of network maintenance activities includes inventory of irrigation network conditions, planning, execution, monitoring and evaluation.

(2) The type of maintenance of irrigation networks consists of Irrigation network security, routine maintenance, periodic maintenance and emergency repair.

(3) Tata irrigation systems include stages as follows: a. inventory of irrigation networks on any irrigation area; b. irrigation network maintenance planning; c. implementation of irrigation network maintenance; d. the monitoring and evaluation of irrigation network maintenance; and

(4) The maintenance of the irrigation network as referred to in paragraph (3) follows the norm, standard, guideline and applicable manual.

Third Part

Rehabilitation Irrigation Network Section 49

(1) Rehabilitation of irrigation networks is exercised based on the order of priority needs, irrigation improvements include: a. repair of a watercatcher building consisting of reservoirs,

hood, free retrieval and water pump;

b. primary irrigation network; c. secondary irrigation network; and

;

(2) d. Its master building

Rehabilitation of irrigation networks as referred to in verse (1) is exercised with regard to consideration of the provincial irrigation commission.

(3) Redemption of the priority order of rehabilitation is based on the level irrigation network damage, area of service affected by damage, financing limitations and the magnitude of the impact arising from delays of damage repair.

(4) The rehabilitation method of irrigation networks includes stages as Here's a. inventory of irrigation networks on any irrigation area through

irrigation network search; b. the planning of rehabilitation of irrigation networks; c. implementation of the rehabilitation of irrigation networks; and d. the monitoring and evaluation of rehabilitation of irrigation networks.

(5) The rehabilitation of irrigation networks as referred to in paragraph (3) follows the norm, standard, guideline and applicable manual.

Fourth Quarter

Use of Article 50 Irrigation Network

(1) The use of irrigation networks is only reserved for the purpose of irrigation water arrangements ranging from the provision, division and irrigation water supply.

(2) The use of irrigation networks other than referred to the paragraph (1) is required to obtain permission from the Governor.

(3) the irrigation network as referred to in paragraph (1) may be used without permission in terms of: a. meets the daily needs of the day; b. feed and bathe the cattle on a place that has been

determined; c. refine the danger of fire; da

. n

(4 d. capturing fish

) The provisions as referred to in verse (3) can only be done by not inhibiting the flow and not changing the nature of the water as well as not damaging the irrigation network as well as its turial soil

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The Fifth Quarter of the Sementation

Article 51 (1) As an attempt to secure an irrigation infrastructure along with the building

The complete, set of the border line for the fence building. (2) The border of the liquid physical infrastructure is set according to

the function and capacity of the physical infrastructure of the water and its full building.

(3) The physical amenity of the water is referred to in verse (1) and the verse (2) is the river, irrigation networks, telaga and swamp reservoirs and its buildings.

Article 52

(1) The border of the river for buildings and or the permanent fence, is measured from the side of the river that is not embankment or from the foot of the river. The river levees beyond/the river building with a distance: a. 5 (five) meters for the building; and b. 3 (three) meters for the permanent fence.

(2) In the solid development area, the distance as referred to in letters (a) and (b) the verse (1) can be narrowed to 4 meters and 2 meters.

Section 53

(1) The border crossing Irrigation networks for buildings are measured from either side of the edge of the channel that is not embankment or from the foot of an embankment beyond the duct/irrigation building or disposal by distance: a. 5 (five) meters for channels with a capacity of 4 m3/dt or more; b. 3 (three) meters for channels with a capacity of 1 to 4 m3

/dt; and c. 1 (one) meter for channel with a capacity of less 1 m3/dt.

(2) Pagar Semper Line, measured from the top edge of the channel or from outside the feet of the channel/her building, with a distance: a. 3 (3) meters for waterworks, retrieval and

disposal as referred to in paragraph (1) letter a. B. 2 (two) meters for waterworks, retrieval and

disposal as referred to in paragraph (1) letter b; and c. 1 (one) meter for waterworks, retrieval and

disposal as referred to in paragraph (1) letter c. (3) In areas with solid development, the distance as referred to

in paragraph (1) letter a and letter b, can be narrowed to each 4 and 2 meters.

59, Section 59, and Section 60 of the inquiry may also be conducted by certain Civil Service Investigators in the Regional Government environment whose appointment is specified in accordance with the applicable laws.

(2) The authority of the investigator as referred to in paragraph (1) is: a. receive, search, collect, and examine the description or

report with respect to the field of irrigation in the field of irrigation for the description and the report becomes more complete and clear;

b. examine, search and collect information about persons, personal or body about the correctness of deeds committed in connection with an irrigation criminal;

c. requesting the description and evidence of persons, personal or body in respect of the with an irrigation crime;

d. examine books, records, other experiments with regard to criminal conduct in the field of irrigation;

e. Conducting searches to obtain evidence, bookkeeping, logging and other documents and confiscation of such evidence;

f. ask for expert power in order for the execution of criminal investigation duties in the field of irrigation;

g. Order to stop, prohibit someone from leaving the room or place at the time of inspection and checking the identity of the person and or the document being carried out as referred to in the letter e;

h. Photographing a person related to criminal conduct in the field of irrigation;

i. calls for people to be heard of his attachment and checked as a suspect or a witness;

j. Stop the investigation; and k. perform other actions that need to smooth the investigation

criminal acts in the field of irrigation according to the accountability law.

(3) Investigators as referred to in paragraph (1), notify the start of the investigation and convey the results of his inquiry to the Public Prosecutor through Investigator of the State Police of Indonesia.

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BAB XVI SANCTION

Part Parts of Administrative Sanctions

Section 79 Against deviations from the provisions of Article 53, the Governor or the authorized official: a. ordered the owner to unload the building or

the yard boundary fence at the cost incurred by the owner of each other; and

b. Forcefully unloading both the building and the fence at the cost of being charged to the respective owners.

Second Section of Criminal Sanction

Article 80 (1) Any violation of the provisions as referred to in Article

53, Article 54, Article 55, Article 56, Article 57, Article 58, Section 59and Section 60., threatened with imprisonment. For ever six (six) months or a fine of most Rp. 50,000,000,-(fifty million rupiah).

(2) If a violation of the criminal offence as referred to in paragraph (1) is carried out by a legal entity then the criminal threat is imposed against the administrator.

(3) In addition to the criminal sanctions as referred to in paragraph (1) to the violators Which causes the disruption of the water flow and/or the rusting of irrigation buildings and/or irrigated irrigation water may be subject to criminal sanctions based on Law No. 7 of 2004 on Water Resources and the Law No. 32 Year 2009 about the Protection and Environmental Management.

BAB XVII

provisions CLOSING Article 81

At the time the Regional Regulation is in effect, then the Regional Regulation of West Sumatra Province No. 7 of 1991 The Waters was revoked and declared not to be valid.

Article 82

The provisions of this Section Regulation shall be fixed at least six (six) months from the Ordinance of this Section.

Section 83 of the Regulation of the Regions begins in effect on the date of promulgations. In order for everyone to know, order the invitational of the County Regulation with its placement in the section of the province of West Sumatra.

Set in Padang On 21 November 2011 GOVERNOR OF WEST SUMATRA

dto

IRWAN PRAYITNO

Reundfiled in Padang On 21 November 2011 SECRETARY OF THE AREA WEST SUMATRA PROVINCE dto Drs. H. ALI ASMAR, MPD PRINCIPAL PEMBINA Madya NIP. 19580705 197903 1 004 SHEET AREA WEST SUMATRA PROVINCE 2011 NO: 09

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333

EXPLANATION FOR

REGULATIONS OF WEST SUMATRA PROVINCE NUMBER 9 YEAR 2011

ABOUT IRRIGATION

I UMUM Act No. 32 of 2004 on Government

Province, mandating the governance of the government adhering to the decentralization of the government by giving the area to the Regional Autonomy of the Regions. approach of service to communities in various fields including irrigation fields.

Law Number 33 Year 2004 on Financial Balance between the Central Government and Local Government, it basically has a purpose to empower and improve the economic capabilities of the region in this case financing The implementation of irrigation is primarily the responsibility of the people and the Provincial Government.

Government Regulation No. 38 of 2007 on the Partition of Government Affairs between Government, Provincial Government and Local Government. The District/City authorizes the Province to organize municipal/city-level administrative activities, including cross-service activities that are interchange. It is thus expected to increase the welfare of the people, the alignment of justice, democratization, and respect for local culture and regard to the potential and diversity of the region.

Adanya shifts the value of water from The resources are abundant and can be consumed without the cost of being an economic resource that is a social function, the use of irrigation competition with use by other sectors and the more widespread conversion of land. Irrigation for other purposes requires a management policy. Effective irrigation so the sustainability of the irrigation system and water rights for all users becomes guaranteed.

In accordance with the reality above, the Provincial Government provides the financing of the development and management of the system Primary and secondary irrigation, while the water-user farming societies can play a role. Water-user farmers ' association

provides financing for the development and management of irrigation systems that are its responsibility, while the Provincial Government in accordance with its authority may assist in accordance with the request of the sororities. Water-user farmers with regard to the principle of self-reliance.

The development of irrigation networks includes development activities and improved irrigation networks, based on the master plan of water resource management. The Provincial Government is responsible for the construction and improvement of the primary and secondary irrigation networks, while the water-user farming societies can play a role. The water-user farmers ' association is responsible for the development and improvement of tertiary irrigation networks.

The management of irrigation networks includes operations, maintenance, and rehabilitation of irrigation networks. The Provincial Government is responsible for the operation, maintenance, and reion of all parties supported irrigation water availability, irrigation facilities, institutional and financial good.

(2) The government of the area is obliged to determine the scale the priority of water usage specified in the water to be based on Its availability.

BAB XV INQUIRY

Article 78 (1) In addition to by the Investigator official of the Republic of Indonesia who

is charged with criminal conduct as referred to under Article 53, Section 54, Section 5. 55, Section 56, Section 57, Section 58, Sectioncle 48 Quite clearly Article 49 Quite clearly Article 50 Clear Enough Article 51 verse (1) Quite clearly the paragraph (2) referred to as the "border line" is

the security limit for the Channels and/or

irrigation network buildings with certain distances along the channel and around building.

verse (3) Quite clear Article 52 Quite clearly Article 54 Quite clearly Article 55 Quite clearly Article 56 Quite clear Article 57 Quite clearly Article 58 Quite clear Article 59 Quite clearly Article 59 Quite clearly Article 60 Quite clearly Article 61 Is clearly clear Article 61 is clear enough Article 62 Quite clear Article 63 Quite clear Article 64 Quite clearly Article 65 Quite clearly Article 66 Quite clearly Article 67 It is clear that Article 67 is clear enough Article 68 is clear enough Article 69 is clear

344343

Article 70 Simply clear Article 71 fairly clearly Article 72 Quite clearly Article 73 Quite clearly Article 74 Quite clearly Article 75 reasonably clear Article 76 Quite clearly Article 77 Quite clear Article 78 Quite clearly Article 79 Quite clearly Article 79 Quite clearly Article 81 It is clear Enough Article 81 is clearly written Clear Article 81 Pretty clear Article 82 is pretty clear that Article 83 is pretty clear that the extra sheet of West Sumatra province of West Sumatra in 2011

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NUMBER 60

The letter c referred to as a sustainability azas is to preserve the integrity of the water and the environment to maintain the water guarantee of the irrigation area

The letter in question with azas balance is the determination of the balance. For example, the availability of water for the farmer's friendship.

The letter e referred to as general expediency is the availability of water in an irrigation area that the public can use as a more basic requirement.

The letter f In question, the azas is in the management of irrigation. public in the use of irrigation water.

The g-letter referred to the greed is an irrigation management activity can be adapted to the customs and customs that the local community is doing.

The letter h Yang In accordance with the azas of justice is in the irrigation management of the group of peasant communities (P3A, GP3A and IP3A) can provide justice for the rights of the peasant people.

Letter i

Letter j

Article 3

Enough Clearly Article 4 Is quite clear Article 5 Clear Enough Article 6 Quite clearly Article 7 Is quite clear Article 8 Verse (1) It is quite clear that Verse (2) is quite clear Verse (3)

The rosy portion of the authority in these provisions is temporary and can be returned to the provincial government. In the agreement the submission is partially authorized to at least contain matters related to the type of authority that is submitted, the deadline of submission, and the requirement that must be met for resubmission.

Verse (4) It is quite clear

338

Verse (5) Pretty clear

337

Verse (6) Quite clearly Verse (7) Quite clearly Verse (8) Quite clearly Verse (9) Quite clearly Article 9 Quite clearly Article 10 Verse (1) Quite clearly Article 11 Verse (2) The systematic water-user farmer's empowerment

is the way Empowerment that begins with the identification of the problem of urgent development needs as required by the farmer's needs in increased ability, then followed by measurement of the conditions of the peasant community associated with the Its potential and its capabilities include social, cultural, economic and resource resources. Physical environment.

Integrated Enablement, which includes aspects of planning, institutional, technical, and financing and management with the goal of growing participation and setting up farmers in development activities and irrigation system management.

Empowerment is carried out and continuous in accordance with the level of development of society dynamics and refers to the process of execution of the development and management of irrigation systems coordinated by the related instance.

Article 12 Quite clear Article 13 Is pretty clear

Article 14 Simply clear Article 15 Clear Enough Article 16 Verse (1) Quite clear Verse (2) letters a fairly clear letter b

To administer irrigation channels on nagari, the leaders of customs and penghulu appoint a person as the known tuo (head) as a "tuo banda" who is given the confidence to regulate water in the area of friendship and solve all problems arising from the water, within a certain extent. Furthermore, in the P3A there are several tuo banda.

the letter c is fairly clear that Verse (3) is quite clear

Article 17 Verse (1)

the letter a is referred to as "technical assistance", among others, it is technical guidance, power, and/or equipment. Technical assistance to the county/city government is given through the consultation process by keeping the principle of self-reliance.

The letter b is fairly clear

The letter c is fairly clear

Verse (2) Clearly Verse (3) It is clear enough

340339

Verse (4) Quite clearly Verse (5) Simply Clear Article 18 Quite clearly Article 19 Quite clearly Article 20 Verse (1) Quite clearly Verse (2) The task of the provincial irrigation commission covers the irrigation area

which is the authority and responsibility of the Governor, as well as the the irrigation area that has been assigned to the provincial government by the Government. The "representation" is that members of the irrigation commission represent institutions related to the management of irrigation systems, water-user farmers ' societies, or irrigation network users.

In question, the following is a member of the irrigation system.

The one in which they are used With "irrigation network users" is an irrigation network other than farmers who have their own right to water.

Verse (3) The provincial irrigation commission's task includes irrigation areas

that is the authority and responsibility of the irrigation system. The governor, as well as an irrigation area that has been assigned to the provincial government by Government.

Verse (4) Quite clearly Article 21 Quite clear Article 22 Quite clearly Article 24 Quite clearly Article 24 Quite clearly Article 25 Quite clear

Article 26 Quite clearly Article 27 Verse (1) Quite clearly Verse (2) Quite clearly Verse (3) Quite clearly Verse (4) Which is referred to as "people's farm" is the mind

the agricultural power that encompasses the various commodities, namely crops of crops, fisheries, farms, plantations, and forestry, which are managed by the people with a particular area of the the water needs no more than 2 liters per second of the family head.

Verse (5) Pretty clear Verse (6) Clear enough Article 28 Verse (1) Clear enough Verse (2) The right to use water for irrigation is intended only

to meet the need for water for its own farmlands outside the people's farm.

Verse (3) Quite clearly Verse (4) Quite clearly Article 29 Quite clear Article 30 Quite clear Article 31 Quite clear Article 32 It is clear enough Article 32 is clear

342

Article 33

341

Quite clearly Article 34 Quite clearly Article 35 Quite clearly Article 36 Quite clearly Article 38 Quite clearly Article 39 Quite clearly Article 39 Quite clearly Article 41 Quite clear Article 42 Quite clearly Article 43 Quite clearly Article 43 Quite clearly Article 44 Quite clearly Article 44 Article 45 is quite clear Article 46 Quite clearly Article 47 It is clear Arti