Government Regulation Number 38 In 2011

Original Language Title: Peraturan Pemerintah Nomor 38 Tahun 2011

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4f085b76a09d89313231383235.html

PP 38-2011bt fnHeader (); The text is not in the original format.
Back COUNTRY SHEET Republic of INDONESIA No. 74, 2011 (Additional explanation in the State Gazette of the Republic of Indonesia Number 5230) GOVERNMENT REGULATION of the REPUBLIC of INDONESIA NUMBER 38 in 2011 on the RIVER with the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: that in order for conservation of the River, the development of the River, and the river water damaged power control as stipulated in article 25 paragraph (3), article 36 paragraph (2) , and section 58 subsection (2) of Act No. 7 of 2004 about the water resources needs to establish government regulation about the river;
Remember: 1. Article 5 paragraph (2) of the Constitution of the Republic of Indonesia in 1945;
2. Act No. 7 of 2004 about water resources (State Gazette of the Republic of Indonesia Number 32 year 2004, additional sheets of the Republic of Indonesia Number 4377);
Decide: define: GOVERNMENT REGULATION of the river. .

CHAPTER I GENERAL PROVISIONS article 1 In this Regulation the definition: 1. The River is a Groove or a container of natural water and/or artificial form of drainage network with water in it, from the headwaters to the estuary, with right and left is limited by a boundary line.
2. Lake flood exposure is natural water catchment which is part of the face of the waters affected directly by the advance of the river water.
3. Flood plains is the plain along the left and/or right River flooded at the time of the flood.
4. The management of water resources is an effort to plan, implement, monitor, and evaluate the conduct of the conservation of water resources, efficient use of water resources, and water damaged power control.
5. River basin is an area of land which is one unit with the river and its tributaries, which serves to hold, store and stream water derived from precipitation to the sea, which naturally limits on land is the dividing the topographic boundary in the sea and up to the area of waters affected the activity of the Mainland.
6. River basin is the unity of the territory of the management of water resources in one or more watersheds and/or small islands is less than or equal to 2,000 Km2 (two thousand kilos of square meters). 7. is the event of the frequent floods of the river water exceeded the riverbed.
8. The banks of the river is the space between the edge of the riverbed and the foot of the embankment next to the in which is located on the left and/or right of the riverbed. The line of the boundary was the line of maya on the left and right trough the River was designated as a protection limit of the river.
9. The community is the whole people of Indonesia, both as individual people, groups of people, indigenous people, business entities, or gathered in an institution or civic organization.
10. The Central Government, hereinafter referred to as the Government, is the President of the Republic of Indonesia that holds the powers of the Government of the Republic of Indonesia based on the Constitution of the Republic of Indonesia in 1945.
11. Local Government is the Governor, bupati/walikota device area, and as an organizer of local governance.
12. the Minister is the Minister of the organizing Affairs of the Government in the field of water resources.
Article 2 this regulation governing space River, river management, licensing, information systems, and community empowerment.

Article 3 (1) of the river is controlled by the State and is the wealth of the country.
(2) the management of the River was done thoroughly, and environmentally integrated, with the objective to realize the benefit of sustainable river function.
Chapter 4 management of rivers as stipulated in article 3 paragraph (2) was conducted by the Government, the Government of the province, or district/city governments in accordance with those powers.

CHAPTER II RIVER SPACES article 5 (1) of the river consists of: a. the riverbed; and b. the border river.
(2) the riverbed and the border of the River as referred to in paragraph (1) to form the river room.
(3) in the case of certain topographical conditions and/or flooding, the river room can be connected with Lake flood exposure and/or flood plains.
(4) the riverbed as referred to in paragraph (1) letter a function as a container of water flow and space as a place for the life of the river ecosystem.
(5) a border river as referred to in paragraph (1) letter b serves as buffer space between the river ecosystem and the Mainland, so that the function of the river and human activities are not interrupted each other.
Article 6 (1) the riverbed as stipulated in article 5 paragraph (1) letter a form a drainage network, both of which flow continuously or periodically.
(2) the riverbed as referred to in subsection (1) is determined based on the topography of the low flow of the river.
Article 7 in the event in the border river there are levees to control floods, the space between the edge of the riverbed and banks in the foot of the embankment is the Bank of the river.

Article 8 (1) the border rivers as stipulated in article 5 paragraph (1) letter b include space on the left and right of the riverbed in between the border and the edge of the Riverbed to the river is not bertanggul, or between the lines of the border and the outer edge of the foot embankment to the river bertanggul. (2) the line of the border referred to in subsection (1) is determined on: a. the river is not bertanggul in the urban areas;

b. the river is not bertanggul outside urban areas;

c. bertanggul River in urban areas;

d. bertanggul River outside urban areas;

e. the affected River tides;

f. Lake flood exposure; and g. springs.
Article 9 Line borders on the river is not bertanggul in the urban areas referred to in article 8 paragraph (2) letter a specified: a. at least a 10 m (ten meters) from the left and right edges of the riverbed along the flow of the River, in terms of the depth of the river is less than or equal to 3 m (three meters);
b. at least a 15 m (fifteen meters) from the left and right edges of the riverbed along the flow of the River, in terms of the depth of the river is more than 3 m (three metres) up to 20 m (twenty meters); and c. at least 30 m (thirty meters) from the left and right edges of the riverbed along the flow of the River, in terms of the depth of the river more than 20 m (twenty meters).
Article 10 (1) of the river is not bertanggul outside the urban areas referred to in article 8 paragraph (2) letter b consists of: a. the great river WATERSHED with an area larger than 500 Km2 (five hundred square kilometers); and b. the little river WATERSHED area is less than or equal to 500 (five hundred square kilometers).
(2) the great river Boundary Line is not bertanggul outside the urban areas referred to in paragraph (1) letter a is determined at least a 100 m (one hundred metres) from the left and right edges of the riverbed along the flow of the river.
(3) the small river Boundary Line is not bertanggul outside the urban areas referred to in paragraph (1) letter b is determined at least 50 m (fifty meters) from the left and right edges of the riverbed along the flow of the river.
Article 11 lines of the border river of bertanggul in the urban areas referred to in article 8 paragraph (2) Letter c is determined at least a 3 m (three metres) from the outside edge of the foot embankment along the flow of the river.

Article 12 the line of the border river of bertanggul outside the urban areas referred to in article 8 paragraph (2) letter d is determined at least a 5 m (five metres) from the outside edge of the foot embankment along the flow of the river.

Article 13 determination of the boundary line which affected tides as referred to in article 8 paragraph (2) letter e, is done in the same way with the determination of the boundary line in accordance with clause 9, article 10, article 11 and article 12 as measured from the edge of the face of the average high tide.

Article 14 the line of boundary Lake flood exposure referred to in article 8 paragraph (2) letter f is determined to surround the Lake flood exposure of at least 50 m (fifty meters) from the edge of the face of the highest water ever happened.

Article 15 the line of boundary Springs as stipulated in article 8 paragraph (2) Letter g is determined to surround the fountain at least a 200 m (two hundred meters) from the center of the eye water.

Article 16 (1) line the borders as stipulated in article 8 laid down by the Minister, Governors, or Regent/Mayor in accordance with the provisions of the legislation.
(2) the determination of the boundary line as referred to in subsection (1) is performed based on the study of the determination of the boundary line.
(3) in the determination of the boundary lines should take into consideration the characteristics of river geomorphology, socio-cultural conditions of local people, as well as paying attention to the road access for equipment, materials, and human resources to perform the operation and maintenance of the river.
(4) the study of the determination of the boundary line as referred to in paragraph (2) contains the least about the limits of sections of the River, the location of the boundary line, as well as details of the number and types of buildings that are on the border.
(5) the study of the determination of the boundary line as referred to in paragraph (4) is carried out by teams set up by the Minister, Governors, or appropriate its bupati/walikota.
(6) study Team determination of boundary line as referred to in paragraph (5) composed of representatives from institutions and technical elements of society.
Article 17 (1) in terms of the results of the study referred to in article 16 paragraph (2) indicates there are buildings in the border river then the building is revealed in the status quo and gradually have to ditertibkan to restore the function of the border river.
(2) the provisions referred to in subsection (1) does not apply to buildings that are found in the border river to facilities of particular interest include: a. the building infrastructure of water resources;

b. bridge and pier facilities;


c. gas pipeline and drinking water; and d. the stretch of power lines and telecommunications.
CHAPTER III MANAGEMENT of the RIVER Part One General Article 18 (1) of the management of the river include: a. conservation of rivers;

b. development of the river; and c. a damaged power control river water.
(2) the management of the River as referred to in subsection (1) is done through the stages: a. the preparation of programmes and activities;

b. implementation of activities; and c. monitoring and evaluation.
Article 19 (1) of the management of the River as referred to in article 18 was conducted by: a. the Minister, to cross the River at River region of the province, the region of the river cross country, and national strategic River region; b. the Governor, to the River on the territory of the Cross-River district/city; and c. the bupati/walikota, to the River on the river within one district/city.
(2) the management of the River as referred to in subsection (1) is carried out by technical agencies and involves elements of society.
(3) the management of the River was carried out on the basis of norms, standards, guidelines, and criteria established by the Minister.
The second part of conservation River article 20 (1) the conservation of the River as referred to in article 18 paragraph (1) letter a is done through activities: a. the protection of rivers; and b. the prevention of water pollution of the river.
(2) the protection of the River as referred to in paragraph (1) letter a is done through the protection of: a. the riverbed;

b. border river;

c. Lake flood exposure; and d. flood plains. (3) the protection referred to in subsection (2) are conducted to: a. the maintenance of river flow; and b. the restoration section of the river.
Article 21 (1) protection of Riverbed as referred to in article 8 paragraph (2) letter a is done by keeping the dimensions of the riverbed.
(2) keep the riverbed dimension referred to in subsection (1) is done through the settings taking commodities mines in the river.
(3) commodity Retrieval mines in the River as referred to in paragraph (2) may only be carried out on the rising River.
Section 22 (1) the protection of boundary river as referred to in article 8 paragraph (2) letter b is done through restrictions on the utilization of the border river.
(2) in case the river is the boundary in the embankment for the purpose of controlling floods, levee protection agency carried out with a ban: a. plant crops other than grass;

b. the building; and c. reduce the dimensions of the embankment.
(3) a border river Utilization as referred to in paragraph (1) can only be made for specific purposes.
Article 23 (1) of the protection of the Lake flood exposure referred to in Article 8 paragraph (2) Letter c is done by controlling sediment and water pollution on the Lake.
(2) sediment Control as referred to in subsection (1) done with the prevention of erosion in the catchment.
Article 24 (1) protection of flood plains as referred to in article 8 paragraph (2) letter d performed on flood plains that could potentially accommodate floods.
(2) the protection of floodplains, as referred to in subsection (1) done by freeing the flood plains of the designation that interferes with the function of reservoir flood.
Article 25 (1) protection of the flow of the river maintenance as stipulated in article 8 paragraph (2) letter a is intended to keep the river ecosystem.
(2) keep the river ecosystem as referred to in subsection (1) is carried out starting from the headwaters to the estuary of the river.
(3) the protection of the flow of the river maintenance is done by controlling the availability of specialty discharge 95% (ninety-five percent).
(4) in the case of discharge mainstay 95% (ninety-five percent) is not reached, the water resource manager must control the use of water upstream.
Article 26 (1) restoration of the river segment Protection as stipulated in article 8 paragraph (3) the letter b is intended to return the River to a natural condition.
(2) the protection of river restoration sections referred to in subsection (1) is carried out through: a. physical activities; and b. the engineering in the vegetation.
(3) physical activities as referred to in paragraph (2) letter a covering Riverbed Setup, Setup a border river and the border of the Lake flood exposure, as well as the rehabilitation of river flow.
Article 27 (1) prevention of pollution of the river water as stipulated in article 20 paragraph (1) letter b is done through: a. the determination of the capacity load of pollution;

b. identification and inventory of source of waste water goes into the river;

c. determination of the requirements and procedures for the disposal of waste water;

d. Prohibition of dumping garbage into the river;

e. monitoring of water quality in the river; and f. the supervision of waste water into the river.
(2) the prevention of the pollution of the river water was carried out in accordance with the laws and regulations with the provisions.
Article 28 the provisions of the Ordinance on the protection of the river is controlled by a regulation of the Minister.

The third part of article 29 River Development development of the stream as referred to in article 18 paragraph (1) letter b is part of the development of water resources.

Article 30 (1) the development of river as referred to in article 29 is done through the utilization of the river.
(2) utilization of the River as referred to in subsection (1) include the utilization for: a. household;

b. Agriculture;

c. environmental sanitation;

d. industry;

e. tourism;

f. sports;

g. defence;

h. fisheries;

i. power plants; and j. transport.
(3) the development of river as referred to in paragraph (1) do not damage the ecosystem of the River, consider the characteristics of the River, the sustainability of biodiversity, as well as the idiosyncrasies and aspirations of regional/local community.
Article 31 (1) utilization of rivers as stipulated in article 30 paragraph (1) is done with the terms: a. giving priority to the fulfillment of the basic necessities of everyday folk in farming and irrigation systems that already exist; and b. allocate water needs to flow the river maintenance.
(2) in conducting the river utilization as referred to in paragraph (1) are prohibited: a. led to pollution; and b. resulting in the disruption of the flow of the river and/or collapse of the river bank.
Article 32 in the conduct of the utilization of the river for fisheries referred to in article 30 paragraph (2) letter h, in addition must follow the conditions as referred to in article 31, should also consider the capacity and resources support neighborhood River.

Article 33 in the conduct of the utilization of the river for power generation as stipulated in article 30 paragraph (2) letter i, in addition must follow the conditions as referred to in article 31, banned cause floods and droughts in areas downstream.

The fourth part of damaged river water Power Control of article 34 (1) defective power River Water Control as stipulated in article 18 paragraph (2) Letter c is done through the management of the risk of flooding.
(2) the management of flood risks as referred to in subsection (1) is carried out together with the integrated owner's interests.
Article 35 (1) flood risk management as stipulated in article 34 are aimed at reducing the losses of flood.
(2) the management of flood risks as referred to in subsection (1) is carried out through: a. magnitude of flood risk reduction; and b. flood vulnerability risk reduction.
(3) flood risk reduction Activities as referred to in paragraph (2) was done based on water resource management plan in accordance with the provisions of the legislation.
Article 36 (1) the magnitude of flood risk reduction as referred to in article 35 paragraph (2) letter a is done with building: a. flood control infrastructures; and b. governing infrastructures of surface flow.
(2) the construction of flood control infrastructure referred to in paragraph (1) letter a is done by make: a. capacity building;

b. the embankment;

c. pelimpah flooding and/or pumps;

d. the dam; and e. the urban drainage improvement.
(3) development of infrastructure surface flow control as referred to in paragraph (1) letter b done by make: a. resapan water; and b. the reservoir flooding.
Article 37 (1) Resapan the water as stipulated in article 36 paragraph (3) the letter a can be either hollow pipes, channels, wells, ponds, resapan and resapan areas in accordance with soil conditions and the depth of the face of the ground water.
(2) in the case of fields resapan as referred to in subsection (1) is used for other purposes, the mandatory use of layers of coverings or roughness pass water.
Article 38 (1) the construction of the reservoir flood as stipulated in article 36 paragraph (3) the letter b must be connected to the river.
(2) in the event of flooding reservoir as intended in paragraph (1) is built on the land rights of individuals or legal entities, the implementation was required in accordance with the provisions of the legislation in the field of land.
Article 39 (1) development of infrastructure that serves as a flood control as stipulated in article 36 paragraph (2) letter a to letter d is carried out by the Minister, Governors, and/or the bupati/walikota according those powers.
(2) development of infrastructure that serves as the drainage of the city as stipulated in article 36 paragraph (2) letter e was implemented by the bupati/walikota.
Article 40 (1) governing the flow of surface Infrastructure Development as stipulated in article 36 paragraph (3) was carried out by the Minister, Governors, and/or the bupati/walikota in surface flow control serves as a flood control.
(2) development of infrastructure surface flow control as stipulated in article 36 paragraph (3) was implemented by the bupati/walikota in surface flow controller serves as the drainage of the city.
Article 41 (1) flood vulnerability risk reduction as referred to in article 35 paragraph (2) letter b is performed through the management of flood plains. (2) the management of floodplains, as referred to in subsection (1) include the following: a. determination of the boundaries of flood plains:


b. land allocation zoning according to the risk of flooding;

c. supervision of the provision of land in flood plains;

d. preparation for floods;

e. mitigation flooding; and f. the restoration after flooding.
Article 42 (1) the determination of the boundary of the floodplain as referred to in article 41 paragraph (2) letter a is done with identification of Flood inundation occurred earlier and/or modeling of inundation with debit plan 50 (fifty) years.
(2) the determination of the boundary of the floodplain carried out by Ministers, Governors, and/or the bupati/walikota according those powers.
Article 43 (1) in floodplains, as stipulated in article 42 paragraph (2) is assigned a zone designation of the land according to the risk of flooding as referred to in article 41 paragraph (2) letter b.
(2) the determination of the zones referred to in paragraph (1) a zoning map designation poured in floodplain land.
(3) the provisions of the zoning of land according to the risk of flooding performed by the bupati/walikota.
Article 44 Bupati/walikota to conduct surveillance over land allocation zone according to the risk of flooding which has been determined as stipulated in article 43 paragraph (3).

Article 45 (1) preparation for flooding as referred to in article 41 paragraph (2) letter d activity conducted through: a. the provision of flood forecasting system and the testing and early warning;

b. mapping areas at risk of flooding;

c. periodic inspection the condition of flood control infrastructures;

d. increase public awareness;

e. supply and evacuation routes for socialization and a shelter; and f. the preparation and determination of flood mitigation field operating procedures.
(2) the activities referred to in paragraph (1) will be conducted by the Minister, Governors, Regents and/or appropriate its mayor.
Article 46 Flood Relief as referred to in article 41 paragraph (2) letter e is coordinated by the national disaster management agency, province, or district/city in accordance with the provisions of the legislation.

Article 47 (1) recovery after flooding as referred to in article 41 paragraph (2) letter f is done by the Government, the provincial government, and/or district/city governments in accordance with those powers through rehabilitation and reconstruction activities.
(2) rehabilitation and reconstruction Activities as referred to in subsection (1) is performed to restore environmental conditions, public fasillitas, social facilities, and infrastructure.
Article 48 further Provisions regarding the guidelines on management of flood plains are regulated by ministerial regulation.

The fifth part of the preparation of the programs and Activities of article 49 Drafting programs and activities referred to in Article 18 paragraph (2) letter a conservation program encompasses rivers, river development, and control of broken river water power.

Article 50 (1) Program of conservation of the River, the river development, and control of broken river water resources as stipulated in article 49 are arranged based on the management plan of water resources on the territory of the river that has been designated in accordance with the provisions of the legislation in the field of water resource management.
(2) in terms of water resource management plans at river basin as referred to in paragraph (1) has not been established, the program of conservation of the River, the development of the River, and control power broken river water drawn up based on your needs.
(3) the Program referred to in paragraph (2) should be adapted to the water resources management plans at river basin that will be set.
Article 51 (1) River Conservation Program, the development of the River, and the river water damaged power control as stipulated in article 50 paragraph (1) are drawn up for a period of 5 (five) years.
(2) Program of conservation of the River, the development of the River, and the river water damaged power control as referred to in paragraph (1) was elaborated further in the annual activity plan.
(3) the annual plan of activities as referred to in paragraph (2) contains a detailed plan of implementation of the activities as well as monitoring and evaluation activities of the conservation of the River, the development of the River, and the river water damaged power control.
Article 52 (1) the preparation of the program and annual activity plans must take into account: a. the benefits and long-term impact;

b. the use of environment-friendly technologies;

c. the cost of operation and minimum maintenance; and d. resistance to local natural conditions change.
(2) the preparation of the programs and activities of the plan referred to in subsection (1) is carried out in accordance with the provisions of the legislation.
The sixth part of the implementation Activities of article 53 of the implementation activities as stipulated in article 18 paragraph (2) letter b include the following activities: a. physical and nonphysical river conservation, development of the River, and control power broken river water; and b. operation and maintenance of the infrastructure of the River as well as the maintenance of rivers.

Article 54 (1) implementation of physical and nonphysical activities referred to in Article 53 the letter a can be done by the community for the benefit of its own based on permissions.
(2) the holder of a permit referred to in subsection (1) is responsible for the operation and maintenance of physical activity.
(3) in the case of certain physical and nonphysical activities implementation can be carried out without permission.
(4) further Provisions regarding the procedures for granting permission to the communities governed by regulation of the Minister.
Article 55 (1) of the implementation activities of operation and maintenance of river infrastructures referred to in Article 53 the letter b is done through activities: a. setting up and allocating river water;
b. preventive maintenance for damage and/or decreased function of the infrastructure; and c. an improvement against damage infrastructure.
(2) the implementation of the river maintenance activities as referred to in article 53 the letter b is done via the Providence river conservation activities as referred to in article 20 to article 28, and river development as stipulated in article 29 to article 33.
(3) further Provisions regarding the procedures for the operation and maintenance of infrastructure as well as maintenance of the river the river is regulated by regulation of the Minister.
The seventh part of the monitoring and evaluation Article 56 (1) the monitoring and evaluation referred to in Article 18 paragraph (2) Letter c is carried out at regular intervals and at any time as needed.
(2) the monitoring and evaluation referred to in paragraph (1) is done through observation activities, record-keeping, and evaluation of the results of the monitoring.
(3) the results of the evaluation of the monitoring referred to in paragraph (2) is used as input in performance improvement and/or review management plan of the river.
CHAPTER IV LICENSING Article 57 (1) every person who will perform at the river room is obligated to obtain permission. (2) the activities referred to in subsection (1) include the following: a. implementation of construction on the space;

b. implementation of the construction that modifies the flow and/or flow of the river;

c. utilization of the river and the border of the river;

d. utilization of the former River;
e. utilization of river water in addition to the basic necessities of everyday folk in farming and irrigation systems that already exist; f. utilization of the River as water power;

g. utilization of the River as a waterway;

h. utilization of rivers in forested areas;

i. disposal of waste water into the river;

j. River mine at the commodities retrieval; and k. River utilization to fisheries using karamba floating net or.
Article 58 (1) the permit referred to in Article 57 paragraph (2) letter a to letter f is given by the Minister, Governors, or bupati/walikota in accordance with those powers.
(2) the permit referred to in Section 57 subsection (2) the letter g is given by the agency that organizes the Affairs of Government in the field of transport in accordance with the provisions of the legislation, following the recommendations of the technical manager of water resources.
(3) the permit referred to in Section 57 subsection (2) the letter h is given by the Minister, Governors, or bupati/walikota according those powers in the form of business license utilization of environmental services the utilization of water and pemanfataan water after technical recommendations from institutions conducting the Affairs of the Government in the field of forestry except for the forested areas that management has been delegated to the State-owned enterprises in the field of forestry.
(4) the permit referred to in Article 57 paragraph (2) letter i and j is given by the bupati/walikota in accordance with the provisions of the legislation, following the recommendations of the technical manager of water resources.
(5) a permit referred to in Article 57 paragraph (2) letter k is given by the agency that organizes the Affairs of Government in the field of fisheries in accordance with the provisions of the legislation, following the recommendations of the technical manager of water resources.
Article 59 the holder of the permit activity on the river spaces as stipulated in article 57 obliged to: a. protect and maintain continuity of functions;

b. protect and secure infrastructure;

c. prevent the occurrence of water pollution of the river;

d. cope and recover the function of river water pollution of the river;
e. prevent social turmoil arising with regard to space activities on the river; and f. provide access to the implementation of the monitoring, evaluation, supervision, and inspection.
Article 60 (1) Every holder of a permit who do not carry out obligations as stipulated in article 59 are administrative sanctions by the giver of the consent in accordance with the provisions of the legislation.
(2) in addition to the administrative sanctions are referred to in subsection (1), in the implementation of activities on the space of the river performed by the holder of the permit raises: a. damage to the river space and/or the surrounding environment, obligatory recovery and/or repairs for damage caused; and/or b. a loss on public, mandatory change cost disadvantages experienced by the community.
Chapter V Article 61 RIVER INFORMATION SYSTEM

(1) the Government, provincial government, or district/city governments in accordance of its organizing information systems.
(2) the river information system referred to in subsection (1) is part of the information system of water resources.
(3) the river information system referred to in subsection (1) must be updated as needed.
(4) the river information system are open and accessible to everyone.
Article 62 the Providence river information system referred to in Article 61 paragraph (1) was carried out by the implementing technical units: the management of water resources.

Article 63 (1) the community can organize information systems related to the river for the benefit of its own.
(2) the information generated from the information system referred to in subsection (1) is submitted to the compulsory and/or accessible to the Government, provincial government, or district/City Government accordingly its.
Article 64 of the river information system includes the following: a. data variables and parameters;

b. operation of the equipment; and c. the implementing information systems.

Article 65 (1) variable Data streams as stipulated in article 64 the letter a is information about data availability of water and the Genesis flood.
(2) Data on the availability of water and the flood occurrence referred to in subsection (1) at least include the following data: a. rainfall;

b. elevation faces the river water;

c. sediment content water of the river;

d. uptake of water;

e. physical data flooding; and f. the causes, types, and the amount of loss due to flooding.
(3) the Data regarding the availability of water and the flood occurrence referred to in subsection (2) inventoried by the agencies: water resources.
Article 66 (1) information system about the parameters of the rivers as stipulated in article 64 the letter a include physical data the physical data streams and watersheds as well as socio-economic data to communities in the watersheds.
(2) the Data referred to in subsection (1) at least about: a. the topography of the flow of the river;

b. infrastructure;

c. physical condition of watersheds;

d. e. hydrogeological Hydrometeorology;

f. land cover conditions;

g. spatial plans;

h. institutional arrangements associated with the river;

i. population;

j. the livelihoods of the population; and k. local wisdom.
(3) the Data referred to in paragraph (2) obtained from establishments that manage data in accordance with the provisions of the legislation.
Article 67 (1) river information system equipment Operations as referred to in article 64 the letter b is necessary for conducting the activities of data collection, data processing, and data delivery.
(2) equipment river information systems consist of hardware and software.
(3) hardware and software referred to in subsection (2) must meet the criteria of easy operation, accurate, and not easily damaged.
(4) the procurement of the equipment should give priority to river information system of production in the country.
Article 68 (1) Implementing river information system referred to in Article 64 of the letter c must be carried out by the human resources who have expertise in the field of river information systems.
(2) Expertise in the field of river information system referred to in subsection (1) consists of data collecting skills data processing streams, rivers, and delivery of data streams.
(3) the Government, provincial government, and the Government district/city fits its organizes education and training to enhance the capability of human resources assigned to handle the river information system.
CHAPTER VI COMMUNITY EMPOWERMENT of article 69 (1) of the Government, the provincial government, and the Government district/city fits its doing community empowerment in well-planned and systematic in managing the river.
(2) the empowerment of the community as referred to in subsection (1) includes the following activities: a. socialization;

b. public consultation; and c. public participation.
(3) Dissemination, public consultation, and public participation as referred to in paragraph (2) conservation activities carried out in the River, the development of the River, and the river water damaged power control.
(4) in conducting community empowerment, Government, provincial government, and the Government district/city match those powers should provide information center.
Article 70 (1) activities of socialization as stipulated in article 69 paragraph (2) letter a is intended to foster community awareness towards the problems associated with the protection of the River, the river's water pollution prevention, risk reduction and vulnerability to flooding.
(2) dissemination Activities carried out through the introduction of the river environment, field visits, problem identification, mentoring, and training.
Article 71 (1) activities of public consultation as stipulated in article 69 paragraph (2) letter b is intended to gain feedback in order to improve the effectiveness of the activities of the management of the river.
(2) the public consultation Activities conducted through public opinion surveys, discussions, hearings, and workshops on the management of the river.
Article 72 (1) of the public participation Activities as referred to in article 69 paragraph (2) Letter c is intended to improve the management of the river.
(2) public participation Activities carried out through the establishment of working groups and cooperation management of the river.
Article 73 further Provisions regarding the empowerment of communities in the management of the river is controlled by a regulation of the Minister.

Article 74 in order to provide motivation to people to care about the River, the date of the establishment of this Government Regulation was set as the day of National River.

CHAPTER VII miscellaneous PROVISIONS Article 75 (1) of the former River controlled by the State.
(2) the location of the former River can be used to build the infrastructure of water resources, land as a replacement for the land owners whose land exposed to the flow of the river recently, the area of cultivation and/or protected areas in accordance with the provisions of the legislation.
(3) in the case of a river as referred to in paragraph (2) was recorded as goods belonging to the country/region, use the former River is carried out in accordance with the provisions of the legislation in the field of the management of goods belonging to the country/region.
(4) the provisions on the setting of the former River referred to in subsection (1) is controlled by a regulation of the Minister.
Article 76 (1) in the event of a transfer of the flow in the river so that the river flow formed a new implementation financed Budget of revenue and Expenditure of the State and/or other acquisition in accordance with the provisions of the legislation, then the new river flow recorded as State-owned goods in accordance with the provisions of the legislation.
(2) in the event of a transfer of the flow in the river so that the river flow formed a new implementation financed Budget of income and Expenditure and/or other acquisition in accordance with the provisions of the legislation, then the new river flow recorded as items belonging to the region in accordance with the provisions of the legislation.
Article 77 (1) of the river and/or creeks throughout the area that catches the water located in urban areas, one can function as urban drainage.
(2) the river and/or streams that serve as urban drainage management, organized by the County Government/cities with technical coaching of the Minister.
(3) the determination of the river and/or streams that serve as urban drainage is carried out on the basis of the agreement between the Government of the kabupaten/kota with the Minister or the Governor accordingly its.
Article 78 the management of the river performed by the Minister as stipulated in article 19 paragraph (1) letter a can be assigned a portion of the operations to the Governor and/or bupati/walikota based on the principle of dekonsentrasi or pembantuan duty in accordance with the provisions of the legislation.

Article 79 River Management can be done through cooperation between the Government, the provincial government, and/or district/city governments in accordance with the provisions of the legislation.

CHAPTER VIII PROVISIONS COVER Article 80 within 5 (five) years since the Government regulations accounting for this effect, the Minister, Governor, bupati/walikota obliged to set a boundary line on all the rivers that are in those powers.

Article 81 (1) at the time when this Regulation comes into force, every river utilization permits remain valid up to the expiry of the permit.
(2) the application for the permit utilization of the river which is in the process of compulsory adapted to the provisions of this Regulation.
Article 82 at the time this Regulation comes into force, all the rules of implementation of the Government Regulation Number 35 of 1991 about Rivers stated remains valid along does not conflict with this Regulation.

Article 83 at the time when this Regulation comes into force, the Government Regulation Number 35 of 1991 on the River (Gazette of the Republic of Indonesia Number 44 in 1991, an additional Sheet of the Republic of Indonesia Number 3445) revoked and declared inapplicable.

Article 84 this Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Regulation with its placement in the State Gazette of the Republic of Indonesia.

Established in Jakarta on July 27, 2012, the PRESIDENT of the REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on July 27, 2011 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR fnFooter ();