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Government Regulation Number 38 In 2011

Original Language Title: Peraturan Pemerintah Nomor 38 Tahun 2011

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hree meters);
B. At least 15 m (fifteen meters) from the left and right bank of the river along the river plot, in terms of the river depth of more than 3 m (three meters) up to 20 m (twenty meters); and
c. at least 30 m (thirty meters) from the left and right bank of the river along the flow of the river, in terms of the river depth of more than 20 m (twenty meters).

Section 10
(1) The river does not embankment outside the urban area as referred to in Article 8 of the paragraph (2) the letter b consists of:
a. The large river with a large area of DAS is greater than 500 Km2 (five hundred square kilometers); and
B. The small river with an area of DAS is less than or equal to 500 Km2(five hundred square kilometers).
(2) The outline of a large river is not embankment outside the urban area as it is referred to in verse (1) the letter a is determined at least 100 m (100 meters) from the left and right edges of the river along the river plot.
(3) The narrow line of the river does not embankment outside the urban area as it is referred to in verse (1) the letter b is determined at least 50 m (fifty meters) from the left and right bank of the river along the river plot.

Section 11
The splinter line of the river embankment in the urban area as referred to in Article 8 of the verse (2) of the letter c is determined at least 3 m (three meters) from the outer edge of the levee along the river plot.

Section 12
The splinter line of the river embankments outside of the urban area as referred to in Article 8 of the verse (2) the letter d is determined at least 5 m (five meters) from the outer edge of the levee's feet along the river plot.

Section 13
The determination of the border crossing affected by sea tides as referred to in Article 8 of the paragraph (2) of the letter e, performed in the same manner as the determination of the border in accordance with Article 9, Section 10, Section 11, and Section 12 measured from the front bank. the average tide.

Section 14
The border of the flood-exposure lake as referred to in Article 8 of the verse (2) of the letter f is determined to circumnavigate the flood exposure lake at least 50 m (fifty meters) from the highest waterface ever to occur.

Section 15
The water-eye splinter line as referred to in Article 8 of the verse (2) of the letter g is determined to surround the spring's eyes at least 200 m (two hundred meters) from the center of the spring.

Section 16
(1) The border crossing as specified in Section 8 is defined by the Minister, the governor, or the regent/mayor in accordance with the provisions of the laws.
(2) The crossing of the border of the border as referred to in verse (1) is based on the study of the border crossing.
(3) In the designation of the border border must consider the characteristics of river geomorphology, the social conditions of the local people's culture, as well as paying attention to the access road for equipment, materials, and human resources to conduct operations activities and River maintenance.
(4) The presentation of the border setting as referred to in verse (2) contains at least the boundary of the specified river field, the line of the border, as well as the details of the number and type of buildings that are present in the border.
(5) The presentation of the border crossing as referred to in verse (4) is performed by a team formed by the Minister, the governor, or the regent/mayor in accordance with his authority.
(6) The border designation study team as referred to in paragraph (5) consists of representatives of the technical agencies and the elements of society.

Section 17
(1) In terms of the results of the study as referred to in Article 16 of the paragraph (2) indicates that there is a building in the border of the river then the building is expressed in the status of quo and it gradually must be It was crucified to restore the border of the river.
(2) The provisions set forth in paragraph (1) do not apply to the buildings contained in the river border for a specific facility of interest including:
a. the building infrastructure of the water resource;
B. Bridge facilities and docks;
c. pipeline of gas and drinking water; and
D. Electric cord and telecommunications.

BAB III
RIVER MANAGEMENT

The Kesatu section
Common

Section 18
(1) The management of the river includes:
a. river conservation;
B. river development; and
c. Power control damaged river water.
(2) The management of the river as referred to in paragraph (1) is done through stage:
a. the drafting of the program and activities;
B. execution of activities; and
c. monitoring and evaluation.

Section 19
(1) The management of the river as referred to in Article 18 is done by:
a. Minister, for rivers on the cross-province river region, cross-country river region, and national strategic river region;
B. the governor, for the river on the cross county/kota; river region; and
C. The mayor/mayor, for the river on the river region in one district/city.
(2) The management of the river as referred to in paragraph (1) is carried out by engaging the technical agencies and the related community elements.
(3) The management of the river is exercised on the basis of norms, standards, guidelines, and criteria established by the Minister.

The Second Part
River conservation

Section 20
(1) The conservation of the river as referred to in Article 18 of the paragraph (1) the letter a performed through the activities:
a. river protection; and
B. Water pollution prevention.
(2) The protection of the river as referred to in paragraph (1) the letter a is performedkment, or between the border of the border and the outer rim. The embankment for the river embankment.
(2) The boundary line as referred to in paragraph (1) is determined at:
a. the river does not embankment in the urban area;
B. the river does not embankment outside the urban area;
c. Rivers embankment in urban areas;
D. the river embankments outside the urban area;
e. rivers affected by sea water;
f. flood exposure lakes; and
G. The springs.

Section 9
The splinter line on the river does not embankment in the urban area as referred to in Article 8 of the paragraph (2) of the letter a specified:
a. at least 10 m (ten meters) from the left and right edges of the river along the river plot, in terms of the river depth less than or equal to 3 m (tflood losses.
(2) The management of the flood risk as referred to in paragraph (1) is conducted through:
a. the risk reduction of the flood magnitude; and
B. The risk reduction is a vulnerability
(3) The flood risk reduction activities as referred to in paragraph (2) are conducted based on the water resource management plan in accordance with the provisions of the laws.

Section 36
(1) The reduction of the risk of flood magnitude as referred to in Article 35 of the paragraph (2) of the letter a is performed by building:
a. flood control infrastructure; and
B. Surface flow control infrastructure.
(2) The construction of a flood control infrastructure as referred to in paragraph (1) the letter a is done by creating:
a. increased river capacity;
B. embankment;
c. flood pelican and/or pump;
D. dam; and
e. Urban drainage repair.
(3) The construction of a surface flow controller as referred to in paragraph (1) the letter b is performed by creating:
a. water rescaters; and
B. The flood section.

Section 37
(1) The water drain as referred to in Article 36 of the paragraph (3) of the letter a can be a channel, perforated pipe, a well, the pool of resment, and the field of resction according to the soil conditions and the depth of the groundwater.
(2) In the case of the field of recapan as referred to in verse (1) is used for other purposes, it is required to use a cover layer or a water pass.

Section 38
(1) The construction of a flood reservoir as referred to in Article 36 paragraph (3) of the letter b must be connected by the river.
(2) In the event of a flood section as referred to in paragraph (1) is built upon the right of a person's land or legal entity, it is mandatory to do so in accordance with the provisions of the laws of the field.

Section 39
(1) The construction of a prasarana which serves as a flood controller as referred to in Article 36 of the paragraph (2) of the letter a until the letter d is exercised by the Minister, the governor, and/or the mayor/or the mayor in accordance with its authority.
(2) The construction of a infrastructure that serves as a municipal drainage as referred to in Article 36 of the verse (2) of the letter e is exercised by the regent/mayor.

Section 40
(1) The construction of a surface flow control infrastructure as referred to in Article 36 of the paragraph (3) is exercised by the Minister, the governor, and/or the regent/or the mayor if the surface flow controller functions as a flood control.
(2) The construction of a surface flow control infrastructure as referred to in Article 36 of the verse (3) is exercised by the regent/mayor if the surface flow controller serves as the city's drainage.

Section 41
(1) The reduction of the risk of flood susceptibility as referred to in Article 35 paragraph (2) of the letter b is performed through the management of the floodplain.
(2) The management of the floodplain as referred to in paragraph (1) includes:
a. flood plain setting:
B. the land designation zone set at the flood risk;
c. supervision of land disservice in the floodplain;
D. preparations are facing flooding;
e. flood countermeasures; and
f. Recovery after flood.

Section 42
(1) The limits of the flood plain as referred to in Article 41 of the paragraph (2) of the letter a performed with the identification of a previous flood of flood and/or a modeling of a puddle with the discharge of plan 50 (fifty) annual.
(2) The limits of floodplain boundary are performed by the Minister, the governor, and/or the regent/mayor as per his authority.

Section 43
(1) In the flood plain as referred to in Article 42 of the paragraph (2) set forth the land for the flood risk as referred to in Article 41 of the paragraph (2) of the letter b.
(2) The zone ' s penetration as referred to in paragraph (1) is poured in the zoning map of the floodplain land.
(3) Determination of land zone to the risk of flooding is carried out by the mayor/mayor.

Section 44
The regent/mayor conducts surveillance of the land zone for the flood risk set as specified in Article 43 of the paragraph (3).

Section 45
(1) The preparation of facing flood as referred to in Article 41 of the paragraph (2) of the letter d is carried out through the activities:
a. provisioning and testing of the flood forecast system as well as early warning;
B. region mapping is at risk of flooding;
c. periodic inspections of flood control infrastructure conditions;
D. increased public awareness;
e. the provision and socialization of evacuation lines and the refuge; and
f. Drafting and setting up flood relief field operation procedures.
(2) The event as referred to in paragraph (1) is performed by the Minister, the governor, the regent and/or the mayor as per his authority.

Section 46
The flood countermeasures as referred to in Article 41 of the paragraph (2) of the letter e are coordinated by the national, provincial, or district/city disaster relief agency in accordance with the provisions of the laws.

Section 47
(1) Recovery after the flood as referred to in Article 41 of the paragraph (2) of the letter f performed by the Government, provincial government, and/or the district/city government in accordance with its authority through rehabilitation and reconstruction activities.
(2) The rehabilitation and reconstruction activities as referred to in paragraph (1) are conducted to restore environmental conditions, general fasillity, social facilities, as well as river infrastructure.

Section 48
Further provisions on flood plain management guidelines are set up with the Minister ' s regulations.

The Fifth Part
Program and Activity Creation
Section 49
The drafting of the program and activities as referred to in Article 18 of the paragraph (2) of the letter a covering the riverwater Damaged Power Control

Article 34

(1) Water damaged power control as referred to in Article 18 paragraph (1) of the letter c is carried out through flood risk management.
(2) The management of the flood risk as referred to in paragraph (1) is done in a unified joint with the owner of the interests.

Section 35
(1) The management of the flood risk as referred to in Article 34 is aimed at reducing r conservation program, river development, and control of the river water damaged power.

Section 50
(1) River conservation program, river development, and river water damaged power control as referred to in Article 49 are compiled based on the water resource management plan on the designated river region in accordance with the provisions laws in the field of water resource management.
(2) In terms of plan of management of water resources on the river region as referred to in verse (1) are not yet set, river conservation programs, river development, and waterbending damaged power of the river are compiled based on the need.
(3) The Program as referred to in paragraph (2) must be adjusted to the water resource management plan on the river region to be established.

Section 51
(1) River conservation program, river development, and river water damaged power control as referred to in Article 50 paragraph (1) is compiled for a term of 5 (five) years.
(2) The river conservation program, river development, and river water damaged power control as referred to in paragraph (1) are further outlined in the annual activities plan.
(3) The annual activity plan as referred to in paragraph (2) contains detailed plans for implementation of activities as well as monitoring and evaluation of river conservation activities, river development, and waterbending damaged power of the river.

Section 52
(1) The composition of the program and the annual activity plan should take into account:
a. benefits and long-term impact;
B. the use of eco-friendly technology;
c. The minimum operating and maintenance costs; and
D. The resistance to local natural conditions changes.
(2) The composition of the program and the plan of activities as referred to in paragraph (1) are performed in accordance with the provisions of the laws.

The Sixth Part
Activity Implementation

Section 53
The execution of activities as referred to in Article 18 of the paragraph (2) of the letter b includes activities:
a. physical and nonphysical river conservation, river development, and waterbending damaged power of the river; and
B. the operation and maintenance of the river infrastructure as well as river maintenance.

Section 54
(1) The implementation of physical and nonphysical activities as referred to in Article 53 of the letter a may be performed by the public for its own sake based on permission.
(2) Licensee's authorized use of the Program is subject to the terms of the IBM International Program License and the Program.
(3) In certain terms the execution of physical and nonphysical activities can be done without permission.
(4) Further provisions on the manner of the granting of permits to the public are governed by the rules of the Minister.

Section 55
(1) The implementation of the operating activities and maintenance of the river infrastructure as referred to in Article 53 of the letter b is done through activities:
a. setting and allocation of river water;
B. maintenance for damage prevention and/or decreased river infrastructure functions; and
c. repairs to the damage to the river infrastructure.
(2) The implementation of the river maintenance activities as referred to in Article 53 of the letter b is conducted through the hosting of the river conservation activities as referred to in Article 20 to Section 28, and the development of the river as referred to in Article 29 to Article 33.
(3) The further provisions of the manner of operation and maintenance of the river infrastructure as well as river maintenance are governed by the Minister's regulations.

The Seventh Part
Monitoring and Evaluation

Section 56
(1) Monitoring and evaluation as referred to in Section 18 of the paragraph (2) of the letter c is performed periodically and at any time according to the need.
(2) Monitoring and evaluation as referred to in paragraph (1) is carried out through observation, logging, and evaluation of monitoring results.
(3) The results of monitoring evaluations as referred to in paragraph (2) are used as input in increased performance and/or re-review of river management plans.

BAB IV
PERIZSE
Article 57
(1) Any person who will perform activities on the river room is required to obtain a permit.
(2) The activities as referred to in paragraph (1) include:
a. the execution of construction on the river room;
B. the implementation of the construction that changes the flow and/or the river groove;
c. utilization of dings and river border;
D. utilization of the former river;
e. utilization of river water in addition to the daily staple needs and the people ' s agriculture in the existing irrigation system;
f. utilization of the river as a hydropower provider;
G. utilization of the river as a transport infrastructure infrastructure;
h. utilization of rivers in forest areas;
i. waste of waste water into the river;
J. mining commodities are on the river; and
No, utilization of the river for fisheries using caravas or buoyate nets.

Section 58.
(1) The permit as referred to in Article 57 of the paragraph (2) of the letter a to the letter f be granted by the Minister, the governor, or the regent/mayor in accordance with its authority.
(2) Permission as referred to in Section 57 of the paragraph (2) of the letter g given by the instance of the instance of the government in the field of transport in accordance with the provisions of the laws, upon receiving a technical recommendation from Water resource manager.
(3) Permission as referred to in Section 57 of the paragraph (2) of the letter h provided by the Minister, the governor, or the regent/mayor in accordance with the form of the Environmental Services Utilization of the Environmental Services utilization of the water flow and the water heater upon receiving The technical recommendations of an agency that organizes government affairs in the field of forestry except for the forest area whose management has been devolve to the state-owned enterprise in the field of forestry.
(4) The permission as referred to in Article 57 of the paragraph (2) of the letter i and the letter j be griated with river protection, river water contamination, and risk reduction. Flood vulnerability.
(2) The activities of socialization are conducted through the introduction of river environments, field visits, problem identification, assistance, and training.

Section 71
(1) Public consultation activities as referred to in Section 69 of paragraph (2) letter b are intended to obtain input in order to increase the effectiveness of river management activities.
(2) Public consultation activities are conducted through a general survey of opinion, discussion, hearings, and workshops on the management of the river.

Section 72
(1) The activities of the community as referred to in Section 69 of the paragraph (2) of the letter c are intended to improve the management performance of the river.
(2) Public participation activities are conducted through the formation of working groups and the work of river management.

Section 73
A further provision of public empowerment in river management is governed by the Minister ' s regulations.

Section 74
In order to provide motivation to the public to care for the river, the date of the Government Regulation is designated as National River Day.

BAB VII
OTHER LAIN-CONDITIONS

Section 75
(1) The former river is controlled by the state.
(2) The location of the former river can be used to build water resource infrastructure, as a replacement land for landowners whose land is exposed to new river flows, cultivated areas and/or protected areas in accordance with regulatory provisions. It's
(3) In terms of the river as referred to in paragraph (2) is recorded as belonging to the state/region, the use of the former river is carried out in accordance with the provisions of laws in the area of management of goods belonging to the state/region.
(4) Further provisions concerning the arrangement of the former river as referred to in paragraph (1) are governed by the rules of the Minister.

Section 76
(1) In the event of a transfer of the flow of the river into the form of a new river flow, the implementation of the Revenue Budget and the State Shopping and/or other acquisitions in accordance with the provisions of the laws, the river flows. It is not recorded as a state item in accordance with the provisions of the laws.
(2) In the event of a transfer of flow to the river so that a new river plot is funded by the Revenue Budget and Regional Shopping and/or other acquisitions in accordance with the provisions of the laws, the river flows. It is not listed as an area that is owned by the local government.

Section 77
(1) The river and/or tributaries that the whole area of its water catch is located in one urban area, can serve as urban drainage.
(2) Rivers and/or tributaries which serve as urban drainage, the management is organized by the municipal/municipal government with technical coaching from the Minister.
(3) The determination of rivers and/or tributaries that serve as urban drainage is done under agreement between the county/city government with the Minister or the governor in accordance with its authority.

Section 78
The management of the river conducted by the Minister as referred to in Article 19 of the paragraph (1) letter a may be partially transferred to the governor and/or bupati/mayor based on the principle of deconcentration or the duties of the host according to the the provisions of the laws.

Section 79
River management can be done through cooperation between the Government, provincial government, and/or county/city governments in accordance with the provisions of the laws.

BAB VIII
CLOSING PROVISIONS

Section 80
Within 5 (five) years of the last 5 (5) years since the rule of the Government is in effect, the Minister, the governor, the regent/mayor is required to set the border with all the rivers that are in its authority.

Section 81
(1) At the time the Government Regulation is in effect, any river utilization permit remains in effect until the termination of the permit.
(2) The application permit permit of the river which is in the process of conscription is adjusted to the provisions in this Government Regulation.

Section 82
By the time this Government Regulation is in effect, all implementation regulations of the Government Regulation No. 35 of 1991 on the River are declared to remain in effect as long as it does not conflict with this Government Regulation.

Section 83
By the time this Government Regulation came into force, Government Regulation Number 35 of 1991 on the River (Indonesian Republic of Indonesia 1991 No. 44, Additional Gazette of the Republic of Indonesia No. 3445) was revoked and declared no applies.

Section 84
This government regulation goes into effect on the promulgated date.

In order for everyone to know it, order the invitational of this Government Regulation with its placement in the State Sheet of the Republic of Indonesia.

Set in Jakarta
on July 27, 2011
PRESIDENT OF THE REPUBLIC OF INDONESIA,

-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on July 27, 2011
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

PATRIALIST AKBAR