Regulation Of The Minister Of Forestry Number P. 30/menhut-Ii/2010 2010

Original Language Title: Peraturan Menteri Kehutanan Nomor P.30/Menhut-II/2010 Tahun 2010

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51ccbbfea097c0313233383133.html

BN 329-2010 .doc REPUBLIC INDONESIA No. 329, 2010 the MINISTRY of FORESTRY. Corridor. Permission. REGULATION of the INDONESIAN MINISTRY of FORESTRY number: p. 30/Menhut-II/2010 ABOUT the CHANGES to the REGULATION of the MINISTER of FORESTRY NUMBER p. 9/MENHUT-II/2010 ABOUT the MANUFACTURE and USE of CORRIDORS PERMISSION with the GRACE of GOD ALMIGHTY the MINISTER of FORESTRY of the REPUBLIC of INDONESIA, Considering: a. that it is based on the regulation of the Minister of forestry Number p. 9/Menhut-II/2010, has set conditions on the corridors; b. that based on the results of the evaluation and dissemination of the regulation on the letter a to some areas of the province, there is still some material that has not been terakomodir in the Ministerial Regulation; c. that in respect of the above matters, the need to change the regulation of the Minister of forestry Number p. 9/Menhut-II/2010 about Permission manufacture and use of Corridors with regulation of the Minister of forestry. Remember: 1. Act No. 41 of 1999 on Forestry (State Gazette of the Republic of Indonesia Number 167 in 1999, an additional Sheet of the Republic Indonesia 3888), as amended by Act No. 19 of 2004 concerning the determination of the www.djpp.depkumham.go.id 2010, no. 329 2 Substitute Government Regulations Act No. 1 of 2004 on changes to the Act No. 41 of 1999 on Forestry into law (Gazette of the Republic of Indonesia Number 86 in 2004 Additional Sheets, the Republic of Indonesia Number 4412); 2. Government Regulation Number 44 in 2004 about Forestry Planning (State Gazette of the Republic of Indonesia Number 146 in 2004, an additional Sheet of the Republic of Indonesia Number 4453); 3. Government Regulation Number 45 in 2004 on the protection of Forests (State Gazette of the Republic of Indonesia Number 147 in 2004, an additional Sheet of the Republic of Indonesia Number 4453), as amended by government regulation Number 60 in 2009 about the changes to the Government Regulation Number 45 in 2004 on the protection of Forests (State Gazette of the Republic of Indonesia Number 137 in 2009, an additional Sheet of the Republic of Indonesia Number 5056); 4. Government Regulation number 6 in 2007 about the grammar of the forest and the preparation of forest management Plans, as well as the utilization of the forest (State Gazette of the Republic of Indonesia number 22 in 2007, an additional Sheet of the Republic of Indonesia Number 4696), as amended by regulation of the Government No. 3 of 2008 (State Gazette of the Republic of Indonesia number 16 in 2008, an additional Sheet of the Republic of Indonesia Number 4815); 5. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance And local governance of the province, Kabupaten/Kota (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737); 6. The decision of the President of the Republic of Indonesia Number 84/P in 2009 on the establishment of a United Indonesia Cabinet II; www.djpp.depkumham.go.id 2010, no. 329 3 7. Presidential regulation Number 47 in 2009 about the formation and Organization of the Ministry of the Republic of Indonesia; 8. the President of Republic of Indonesia Regulation Number 24 of 2010 about the position, duties and functions of the Ministries as well as the Organization, duties and functions of the Echelon I Ministries; 9. Regulation of the Minister of forestry Number p. 13/Menhut-II/2005 concerning the organisation of work and the Ministry of forestry, as already modified several times, with the number p. 64/Menhut-II/2008; 10. Regulation of the Minister of forestry Number p. 09/Menhut-II/2007 jo. Regulation of the Minister of forestry Number p. 14/Menhut-II/2007 on a work Plan, the annual work plan, and the body Work Wood forest products Utilization Efforts on Forest Industry Plants in the forest Plants; 11. Regulation of the Minister of forestry Number P. 39/Menhut-II/2008 concerning the procedures for the imposition of Sanctions against the Admnistratif Holder Permits the utilization of Forests (Republic Indonesia No. 14 in 2008); 12. Regulation of the Minister of forestry Number P. 56/Menhut-II/2009 on Business work plan the utilization of forest products Timber In natural forest and Ecosystem Restoration (news of the Republic of Indonesia year 2009 Number 263); Decide: define: FORESTRY MINISTERIAL REGULATION ABOUT the CHANGES to the REGULATION of the MINISTER of FORESTRY NUMBER p. 9/MENHUT-II/2010 ABOUT the MANUFACTURE and USE of the CORRIDOR'S PERMISSION. Article I some provisions in the regulations the Minister of forestry Number p. 9/Menhut-II/2010 about the manufacture and use of Corridors Permission (news of the Republic of Indonesia year 2010 Number 65), amended as follows: 1. The provision of article 1 point 8, Figure 9, Figure 10, Figure 11 and amended to read as follows: www.djpp.depkumham.go.id 2010, no. 329 4 Article 1 8. The corridor is the road transport can be a road, Canal, lori/Rails, or other created and or are used primarily to transport forest products timber or wood instead of, or the results of the industrial production of primary forest products and wood instead of wood from natural forest acreage IUPHHK or IUPHHK on forest plants or IPK or areal primary forest products industry to place the wood/log tailing pond at the edge of the river/sea or elsewhere through a inhabited forest outside acreage IUPHHK/BK on natural forest or at forest plants, IPK or areal primary forest products industry is concerned. 9. Permits the creation of corridors is the permission granted by the competent authority to a holder of a natural forest, IUPHHK IUPHHK on forest plants or IPK to create and use a wooden transit roads outside the area for his permission. 10. Permission to use the corridor is the permission granted by the competent authority to a holder of a natural forest, IUPHHK IUPHHK on forest plants or IPK to use existing corridors and no holder of his permission. 11. Wood Utilization Permit hereinafter the IPK is the permission to exploit forest products timber and/or wood instead of the production forest area can be converted (PPC), Exchange, and use of Other area (APL) or regions Non Forestry Cultivation (KBNK). 2. The provisions of article 3 paragraph (1) and subsection (2) amended to read as follows: article 3 (1) Permits the creation of a corridor can be given on: a. the production forest area; b. the area of the use of the other. (2) Permit the use of a corridor can be given on: a. the production forest area; b. the area of the protected forest; c. other uses of the Area. 3. The provisions of article 4 is modified, so that the overall article 4 reads as follows: www.djpp.depkumham.go.id 2010, no. 329 5 article 4 (1) Permits the creation of corridors on forest production could be given to: a. Holder IUPHHK on natural forests; b. Holders IUPHHK on forest plants; c. the Permit holder's utilization of Wood; or d. the holder of the business license for the primary forest products Industry. (2) permission to use the corridors on forest production could be given to: a. Holder IUPHHK on natural forests; b. Holders IUPHHK on forest plants; c. the Permit holder's utilization of Wood; or d. the holder of the business license for the primary forest products Industry. (3) the holder of the permit utilization of Timber as referred to in paragraph (2) Letter c, is not included for the holder of the permit may borrow. 4. The provisions of article 5 paragraph (1) amended to read as follows: article 5 (1) permission to use the corridor as referred to in article 3, paragraph (2) may be granted against existing corridors and made legally and there is no holder of his permission. 5. The provisions of article 6 paragraph (1) amended to read as follows: article 6 (1) the application for the permit the creation of Corridors proposed by the holder of the permit referred to in article 4 paragraph (1) to the Governor, with copy to: a. the Director General; b. the Head Office of the province; c. the head of the service of the district/city; and d. the head Establishment Hall forest area. 6. The provisions of article 7 paragraph (1) amended to read as follows: article 7 (1) in the event that one of the requirements as dimakud in article 6 paragraph (2) are not met, at least fourteen (14) working days since the www.djpp.depkumham.go.id 2010, no. 329 6 receipt of application as referred to in article 6 paragraph (1), the Governor or the officials appointed by the Governor rejected the petition. 7. The provisions of article 9 paragraph (1) and subsection (3) amended to read as follows: article 9 (1) in the case of teams as referred to in article 8 paragraph (2) to recommend for approval, no later than 15 (fifteen) working days since the receipt of the recommendation, the Governor or the officials appointed by the Governor issued the permit Decision making corridors, which were submitted to: a. the Director General; b. the Governor (if permission is issued by the designated officials); c. the Head Office of a district/city: forestry; d. the head of Hall Monitoring utilization of Forest production; e. establishment of the Hall forest area; and f. the claimant concerned. (3) in case the teams referred to in article 8 paragraph (2) recommend to not approved, at least 10 (ten) working days, the Governors or officials appointed by the Governor to publish a letter of disapproval to the applicant, which tembusannya submitted to: a. the Director General; b. the Governor (if permission is issued by the designated officials); c. the Head Office of a district/city: forestry; d. the head of Hall monitoring and utilization of Forest production; and e. the head Establishment Hall forest area. 8. The provisions of article 11 were changed so that the whole article 11 reads as follows: article 11 (1) Permits the use of a corridor can be appealed against the corridor had expired period of permissions. www.djpp.depkumham.go.id


2010, no. 329 7 (2) the Application referred to in subsection (1), submitted by the holder of the permit referred to in article 4 paragraph (2), to the Governor or an officer appointed by the Governor, and fitted the requirements map corridor which will be used with a scale of 1:25000 along with an explanation of the length and condition of the corridor, with copy to: a. the Director General; b. Forestry Chief of the province; and c. the Head Office of district/city: forestry. 9. The provisions of article 12 paragraph (1) and subsection (2) amended to read as follows: article 12 (1) in the event that the requirements referred to in article 11 paragraph (2) are not met, at least 10 (ten) working days since the receipt of the petition, the Governor or the officials appointed by the Governor rejected the parmohonan. (2) in the event that the requirements referred to article 11 paragraph (2) has been fulfilled, at least 10 (ten) working days since the receipt of the petition, the Governor or the officials appointed by the Governor to form a team of Technical Personnel of forestry in the Forestry Department of the province and Kabupaten/Kota wing forestry to conduct an examination of the corridor which will be used. 10. The provisions of article 13 were changed so that the whole of article 13 reads as follows: article 13 (1) of at least 2 (two) working days after the publication of the task Warrants (SPT) of Governor or officials appointed by the Governor, the team referred to in article 12 paragraph (2), perform an examination of the corridor which will be used and the result is poured in the news of the proceedings (BAP). (2) at least 7 (seven) working days since the inspection was carried out, the team reported the results of an examination of the corridor as referred to in subsection (1) to the Governor or an officer appointed by the Governor for approval or denial of the petition. www.djpp.depkumham.go.id 2010, no. 329 8 11. The provisions of article 14 paragraph (1) and subsection (3) amended as well as between subsection (2) and paragraph (3) is inserted 1 (one) new paragraph, i.e. subsection (2a), to read as follows: article 14 (1) in case the application for permission to use the approved of the corridor, the Governor or the officials appointed by the Governor to publish decisions of the permission to use the corridor, that a copy was delivered to: a. the Director General; b. the Governor (if permission is issued by the designated officials); c. the Head Office of a district/city: forestry; d. the head of Hall monitoring and utilization of Forest production; and e. the head Establishment Hall forest area. (2a) in the event that a repair is required, then the corridor plan of the improvements incorporated into the permission to use the corridor. (3) in the case of the petition is denied, the Governors or officials appointed by the Governor to publish a letter of disapproval to the applicant, with a copy to: a. the Director General; b. the Governor (if permission is issued by the designated officials); c. the Head Office of a district/city: forestry; and d. the head of Hall monitoring and utilization of Forest production. 12. The provisions of article 16 paragraph were changed so that the whole article 16 reads as follows: article 16 (1) the holder of the permit the use of corridors as stipulated in article 14 paragraph (1), can perform a widening of the corridor after the approval of the Governor or an Officer appointed by the Governor. (2) the widening of the corridor as referred to in paragraph (1), adapted to the needs of the holder's permission to use and no more than 40 (forty) meters. 13. Between article 16 and article 17, insert one (1) new article, namely Article 16a which reads as follows: www.djpp.depkumham.go.id 2010, no. 329 9 Article 16a (1) in case the holder IUPHHK will use the corridor belongs to the holders of other pretty IUPHHK approval of the holder of the permit holder as IUPHHK corridor. (2) the holder of the permit holder as IUPHHK corridor required to provide approval against the plan the use of the corridor by the holder other IUPHHK. (3) the consent of the holder of the permit corridors referred to in paragraph (2), reported by the holder of the permit is the corridor to the head of the Provincial Forestry Department, with copy to: a. the Director General; b. the Governor; c. the Head Office of a district/city: forestry; d. establishment of the Monitoring Hall Head of forest production; and e. the head Establishment Hall forest area. (4) in the event that the holder of the permit is the corridor within sixty (60) working days does not provide consent, the Director-General to publish the agreement. 14. The provisions of article 17 is amended so that the overall article 17 reads as follows: article 17 implementation of the making of the corridor should meet the following conditions: a. Strived trucking road is in order for the shortest distance; b. take precedence on the acreage that is not wooded; c. Not burning; and d. the maximum corridor Width 40 (forty) meters which consists of the main street/road, the right and left shoulder, slash the Sun from the edge of the right and left shoulder, and others. 3. The provisions of article 10 paragraph (3), to read as follows: article 22 (3) the results of the assessment (evaluation) of the field referred to in paragraph (2), reported to the Governors at least 7 (seven) working days after carrying out an assessment (evaluation), with copy to the Governor and head of Department of the province. 16. The provisions of article 11 paragraph (1) letter b modified, so that it reads as follows: www.djpp.depkumham.go.id 2010, no. 329 10 Article 23 (1) administrative sanctions Imposed fines amounting to 15 times PSDH, in: b. holder's permission to use the corridors that do widening the corridor without a subpoena or a Governor-appointed officials. 17. The provisions of article 24 was changed, so the whole Article 24 reads as follows: article 24 (1) of the application for the permission of manufacture and use of the proposed corridor before the publication of the regulation of the Minister of forestry No. P. 9/Menhut-II/2010 who have meet the requirements: a. the corridor Plan for arbitration was made on a map scale of 1:25000; b. waiver does not object to the holder, if the corridor IUPHHK will be made through the working area of the other party; IUPHHK c. Letter from the district/city Governments in the corridors to be created through APL/KBNK; and d. a letter of approval from the holders of land rights, in the corridors to be created through land which bears the title rights. can be followed up by forming a team to conduct the inspection plan for arbitration was a corridor that is poured in the news of the proceedings (BAP). (2) permit application against the manufacture and use of the corridor, which had been processed and poured in the news of the proceedings (BAP) as referred to in paragraph (1), the Governor may publish the decision Permits the creation of corridors. (3) Permits the creation of corridors referred to in paragraph (2), have been included in it permission to use the corridor. (4) Permits the manufacture and or use of the corridor which has been derived based on a decision of the Minister of forestry Number SK Menhut-352./II/2004, stated remains valid until a period of permissions over. www.djpp.depkumham.go.id 2010, no. 329 11 article II Regulations the Minister of forestry began to take effect on the date of promulgation. So everyone knows, this Minister of forestry Regulation enacted by its placement in the news of the Republic of Indonesia. established in Jakarta on June 29, 2010, the INDONESIAN MINISTRY of FORESTRY ZULKIFLI HASAN enacted in Jakarta on July 5, 2010 the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR www.djpp.depkumham.go.id