Regulation Of The Minister Of Forestry Number P. 9/menhut-Ii/2010 2010

Original Language Title: Peraturan Menteri Kehutanan Nomor P.9/MENHUT-II/2010 Tahun 2010

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51da20e9c0c022313233383336.html

BN 065-2010 REPUBLIC INDONESIA No. 65, 2010 the MINISTRY of FORESTRY. Corridor. The use of. Making. REGULATION of the INDONESIAN MINISTRY 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 under article 74 and article 75 subsection (5) the Government Regulation number 6 of 2007 jo. Government Regulation number 3 of 2008 about the grammar of the forest and the preparation of forest management Plans, as well as the utilization of the forest set about the manufacture and use of corridors for Forest Harvesting business license (IUPHHK) in natural forests or forest Plants; b. that with respect to the grain of a above, the need to establish ministerial regulation about the manufacture and use of the corridor's permission; Remember: 1. Act No. 5 of 1990 concerning Conservation of natural Biodiversity Resources and their ecosystems (Gazette of the Republic of Indonesia Number 49 in 1990, an additional Sheet of the Republic of Indonesia Number 3419); 2. Act No. 23 of 1997 on environmental management (www.djpp.depkumham.go.id 2010 Country Gazette, no. 65 2 of the Republic of Indonesia Number 68 in 2007, an additional Sheet of the Republic of Indonesia Number 3674); 3. Act No. 41 of 1999 on Forestry (State Gazette of the Republic of Indonesia Number 167 in 1999, an additional Sheet of the Republic of Indonesia Number 3888), as amended by Act No. 19 of 2004 concerning the determination of the Replacement Government Regulations Act No. 1 of 2004 on changes to the Act No. 41 of 1999 on Forestry into law (Gazette of the Republic of Indonesia Number 86 in 2004 Additional Sheets, the Republic of Indonesia Number 4412); 4. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437), as it has been modified several times, the last by Act No. 12 of 2008 about the second amendment in the Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844); 5. Government Regulation Number 20 in 2001 about coaching and supervision over the conduct of the local government (State Gazette of the Republic of Indonesia Number 41 in 2001, an additional Sheet of the Republic of Indonesia Number 4090); 6. Government Regulation Number 35 Year 2002 about Reforestation Funds (State Gazette of the Republic of Indonesia Number 67 in 2002, an additional Sheet of the Republic of Indonesia Number 4207), as amended by government regulation Number 58 in 2007 (State Gazette of the Republic of Indonesia Number 4776); 7. Government Regulation Number 44 in 2004 about the planning of the forest (State Gazette of the Republic of Indonesia Number 146 in 2004, an additional Sheet of the Republic of Indonesia Number 4452); www.djpp.depkumham.go.id 2010, no. 65 3 8. 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); 9. 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); 10. 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); 11. the presidential Regulation No. 10 in 2005 about the Task and Organizational Unit Echelons I Ministries of the Republic of Indonesia, as has been modified several times, the last presidential regulation Number 50 in 2008; 12. the presidential regulation Number 47 in 2009 about the formation and Organization of the Ministry of the Republic of Indonesia; 13. Presidential Decree Number 83/M in 2009 on the establishment of a United Indonesia Cabinet II; 14. The decision of the Minister of forestry Number 6652/Kpts-II/2002 on the assignment, the assessment and Attestation of the annual Work Plan IUPHHK on natural forest or forest Plants; 15. The decision of the Minister of forestry Number 124/kpts-II/2003 jo. The decision of the Minister of forestry Number 447/Kpts-II/2003 about the technical procedures for the imposition, payment, Collection and Remittance Provisions of Forest Resources (PSDH); www.djpp.depkumham.go.id 2010, no. 65 4 16. Regulation of the Minister of forestry Number p. 13/Menhut-II/2005 concerning the organisation of work and the Ministry of forestry, as it has several times changed the last number with P. 64/Menhut-II/2008 (news of the Republic of Indonesia Year 2008 number 80); 17. Regulation of the Minister of forestry Number P. 55/Menhut-II/2006 about Administering forest products originating from the Forests of the country, as it has been modified several times, the last with a regulation of the Minister of forestry Number P. 45/Menhut-II/2009; 18. Regulation of the Minister of forestry Number P. 56/Menhut-II/2009 on the annual work plan of forest Timber Harvesting Efforts in natural forests and restoration of ecosystems; 19. Regulation of the Minister of forestry Number p. 18/Menhut-II/2007 Technical Instructions about procedures for the imposition, Collection and payment of the provision of forest resources (PSDH) and the remittance Fund Reforestation (DR); 20. Regulation of the Minister of forestry Number P. 39/Menhut-II/2008 concerning the procedures for the imposition of Administrative Sanctions Against the holder of the permit utilization of Forests (Republic Indonesia No. 14 in 2008); 21. Regulation of the Minister of forestry Number p. 62/Menhut-II/2008 about Business work plan the utilization of forest products Timber the Forest Industry and forest Crop Plants (Republic Indonesia in 2008 Number 74); 22. Regulation of the Minister of Forestry of the Republic of Indonesia Number P. 58/Menhut-II/2009 on the replacement value of the forest From Timber Utilization Permit And or from Land Preparation in the development of Forest Plants; Decide: define: FORESTRY MINISTERIAL REGULATION ABOUT the MANUFACTURE and USE of PERMIT CORRIDORS CHAPTER I GENERAL PROVISIONS article 1 In this regulation, the definition of www.djpp.depkumham.go.id: 2010, no. 65 5 1. Forest area is designated and certain regions or set by the Government for the sustained existence as permanent forest. 2. Protected forest is a forest area that has the principal function as a buffer system of protection of life to set up the layout of the water, prevent floods, control erosion, prevent the intrusion of sea water, and maintain soil fertility. 3. Forest Conservation is a forest area with particular characteristics, the principal functions of preserving the diversity of plants and animals and their ecosystems. 4. The production Forest is a forest area that has the principal function of producing forest products. 5. State forest is a forest located on the land that is not encumbered by rights over the land. 6. Business license Harvesting Forest wood (IUPHHK) in natural forest Concession Rights previously called a forest (HPH) in natural forests is a business license to utilize the forest production activities consist of harvesting or felling, planting, maintenance, security, processing and marketing of forest products. 7. Business license Harvesting Forest wood (IUPHHK) in the forest plant, which was formerly called the right of concession Forest Industrial Plant (HPHTI) is a business license to utilize the forest production activities consisted of the preparation of the land, perbenihan or nurseries, planting, maintenance, harvesting or logging, processing and marketing of forest products. 8. the road infrastructure is Transport Corridors on land in the form of road trucks or lori, who created and or are used primarily to transport forest products timber, or instead of wood, or wood industry production results from the area of natural forests, on IUPHHK IUPHHK on forests plants, GPA, or industrial area to place a wooden hoarding/logpond by the river/sea or elsewhere through a inhabited outside the area of natural forest on IUPHHK , Or plant forests on IUPHHK GPA 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 GPA to make the road transport wood beyond the area of natural forests, on IUPHHK IUPHHK on forest plants or IPK is concerned. www.djpp.depkumham.go.id


2010, no. 65 6 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 corridors that have been completed and/or corridor, outside the area of natural forests, on IUPHHK IUPHHK on forest plants or IPK is concerned. 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), the use of the region with the status of loan use, Exchange, and use of Other area (APL) or regions Non Forestry Cultivation (KBNK). 12. Another Area of use (APL) or regions Non Forestry Cultivation (KBNK) is an area that is a forest country that based on the decision of the Minister of forestry on the designation of forest area and the waters of the province became not a forest area. 13. The Minister is the Minister delegated duties and responsibilities in the field of forestry. 14. the Director-General is the Director General of the delegated duties and responsibilities in the field of Community Forestry Production. 15. the Office of the Department was delegated duties and responsibilities in the field of forestry in the region of the province. 16. Office of County/city is delegated the following duties and responsibilities in the field of forestry in the region of Kabupaten/Kota. CHAPTER II type, requirements, and PROCEDURES for the GRANTING of a PERMIT is considered part of the CORRIDOR type of Permission article 2 (1) the type of permission corridor consists of: a. Permit the creation of corridors; b. permission to use the corridor. (2) Permits the creation of corridors referred to in paragraph (1) letter a, have been included in it permission to use the corridor. The second part of the requirements of the area of www.djpp.depkumham.go.id 2010, no. 65 7 article 3 (1) Permits the creation of a corridor can be given in the areas of: a. Forest production; b. the area of the use of the other (APL). (2) Permit the use of a corridor can be given in the areas of: a. Forest production; b. protected forest; c. the area of other uses (3) On the area of protected forest, forest conservation, forest area with a special purpose (KHDTK) can not be given permits the creation of corridors. (4) the corridor are not allowed to pass the location of the stands, seed plots measure permanent, plot-the plot research, the area of genetic resources, seeds and garden seed collection. Article 4 Permits the manufacture and use of corridors on forest production could be given to: a. Holder IUPHHK on natural forests; b. Holders IUPHHK on forest plants; or c. the holder of the GPA. Article 5 (1) permission to use the corridor as referred to in section 3 subsection (2) may be granted against existing corridors and made lawfully. (2) the holder of a GPA IUPHHK/will use the corridor which crosses protected forest are required to create the integrity Pact in which: a. is willing to permit the use of the corridor was cancelled in the event of appropriation of protected forest area. b. willing replanted forests due to encroachment. The third part of the Ordinance the petition Permits the creation of corridors of article 6 (1) the application for the permit the creation of corridors proposed by the holder in natural forest, IUPHHK IUPHHK on forest plants or the holder of the GPA to the Governor, with copy to: a. the Director General; www.djpp.depkumham.go.id 2010, no. 65 8 b. Provincial head of Department; c. the head of the service of the district/city; and d. the head Establishment Hall forest area. (2) the Application referred to in subsection (1) is fitted the requirements: a. the corridor Plan for arbitration was made on a map scale of 1:25,000; b. waiver does not object to the holder on the natural forest or IUPHHK IUPHHK on forest plant, in the corridors to be created through the work area on natural forest or IUPHHK IUPHHK on forest plants are concerned. c. approval from Director General of Bina Forestry Production in the corridors to be created through the forest Production that is not encumbered by rights/permissions; d. Certificate from the district/city Governments in the corridors to be created through the APP; and e. a letter of approval from the holders of land rights, in the corridors to be created through land which bears the title rights. Article 7 (1) in the event that one of the terms referred to in article 6 paragraph (2) are not met, no later than fourteen (14) working days since the receipt of the application referred to in article 6 paragraph (1), the Governor of the implementation is done by the Head Office of the province rejected the petition. (2) in the event that the requirements referred to in article 6 paragraph (2) are met, a maximum of 10 (ten) working days since the receipt of the application referred to in article 6 paragraph (1), the Head Office of the province formed a team consisting of Technical Personnel, officers of the Provincial Department of Forestry, Department of County/City Hall and the establishment of forest areas to conduct assessment and examination plan for arbitration was referred to in article 6 paragraph (2) letter a, and the team is obligated to pay attention to in case there are existing corridors. (3) the examination Fee charged to an applicant on the basis of standard costs in accordance with the local Province. Article 8 (1) of at least 2 (two) working days after the publication of the letter Task Command (SPT) from the head of the Provincial Forestry Department, the team is referred to www.djpp.depkumham.go.id 2010, no. 65 9 on article 7, paragraph (2) did the inspection plan for arbitration was a corridor which is poured in the news of the proceedings (BAP). (2) at least 7 (seven) working days, the team reported the results of the inspection plan for arbitration was corridors referred to in subsection (1) to the head of the Provincial Forestry Department accompanied the recommendation to be approved or not approved. Article 9 (1) in the case of teams 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 head of the provincial Office of the Governor published the Decree a.n. Permits the creation of corridors, which were submitted to: a. the Director General; b. the Governor; c. Monitoring the utilization of the forest Hall head of production; and d. applicants (2) permit Decision making corridors referred to in paragraph (1) contain among other things: a. the name and address of the holder of the permit; b. the length and the width of the corridor; c. Provisions making the corridor; d. date of establishment and introduction of the permit; e. the attachment permission schrot map plans for arbitration was a corridor. (3) in case the teams referred to in article 8 paragraph (2) recommend to not approved no later than 10 (ten) working days, the head of the provincial Office of the Governor published a.n. rejection to the applicant, which tembusannya submitted to: a. the Director General; b. the Governor; c. the head of the service of the district/city; and d. the head Establishment Hall forest area. Article 10 validity period time period permits the creation of corridors is granted having regard to the conditions of the nature and length of the corridor are made. www.djpp.depkumham.go.id 2010, no. 65 of the Fourth Section 10 of the Ordinance the petition for permission to use article 11 (1) petition for permission to use the corridor proposed by the holder in natural forest, IUPHHK IUPHHK on forest plant, IPK or holder of the permit to the Governor sharing loan, with copy to: a. the Director General; b. the Head Office of the province; and c. the Head Office of Kabupaten/Kota. (2) the petition referred to subsection (1) is fitted the requirements: a. a map of corridors to be used with a scale of 1:25,000; b. letter of approval from the permit holder of the corridor. (3) in case the plan of making the road by the holder of the permit is passed through sharing areal IUPHHK borrowed, making the road directed at existing corridor with the permission to use the corridor. (4) permission to use the corridor as referred to in paragraph (3) provided to the holder of a permit to transport the production sharing loan charged PNBP according to applicable legislation. Article 12 (1) in the event that the requirements referred to in article 11 paragraph (2) are not met, a maximum of 10 (ten) working days since the receipt of the petition, the Head Office of the provincial Governor refused a.n. petition. (2) in the event that the requirements referred to in article 11 paragraph (2) has been fulfilled, no later than 10 (ten) working days since the receipt of the petition, the head of the Provincial Forestry Department formed a team consisting of Technical Personnel in the service of the Provincial Forestry Forestry and Forestry district/city to conduct an examination of the corridor which will be used. (3) the examination Fee charged to an applicant on the basis of standard costs in accordance with the local Province. Article 13 (1) of at least 2 (two) working days after the publication of the letter Task Command (SPT) from the head of the Provincial Forestry Department, the team is referred to www.djpp.depkumham.go.id


2010, no. 65 11 on article 12 paragraph (2), perform an examination of the corridor which was poured on 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 head of the Provincial Forestry Department as approval or denial of the petition. Article 14 (1) in the case of the petition is approved, the head of the provincial Office of the Governor published the Decree a.n. permission to use the corridor, that a copy was delivered to: a. the Director General; b. the Governor; c. the head of Department of forestry district/city; d. the head of Hall Monitoring utilization of Forest production; and e. the applicant concerned. (2) the decision permits the use of corridors referred to in paragraph (1) contain among other things: a. the name and address of the holder of the permit; b. Measure the length and width of the corridor; c. conditions of use and maintenance of the corridor; d. the date set and the enactment of the permit; e. the attachment permission schrot map corridor used; and f. the obligation of maintaining and securing forest in/around the corridors. (3) in the case of the petition is denied, the Head Office of the provincial Governor of a.n. published rejection to the applicant, which tembusannya submitted to: a. the Director General; b. the Governor; c. the head of Department of forestry district/city; and d. the head of Forest Utilization Monitoring Production Hall. www.djpp.depkumham.go.id 2010, no. 65 12 of article 15 (1) period of validity period is permission to use the longest corridor up to the natural forest, IUPHHK IUPHHK on forest plant, the holder of the permit holder or GPA borrow use ended. (2) in the case of natural forest, IUPHHK IUPHHK on forest plant, the holder of the permit holder or GPA borrow use referred to in subsection (1) is extended, permission to use the corridor remains valid. Article 16 (1) the holder of the permit the use of a corridor can perform widening the corridor after receiving a letter of approval of the Head Office of the province. (2) the widening of the corridor as referred to in paragraph (1) needs permission to use by the holder of the permit may borrow. CHAPTER III PROVISIONS MAKING CORRIDORS and UTILIZATION of WOOD is considered part of the terms of the creation of Corridors for activities On natural forest Or IUPHHK IUPHHK On Forest Plant article 17 implementation of the creation of corridors must follow the following conditions: a. using appropriate applicable provisions; b. Attempted so that the distance is the distance the shortest transit path; c. take precedence on the acreage that is not wooded; d. Not burning; and e. the maximum corridor width of 34 metres with the details: 1. the width of the main road to a maximum of 10 meters; 2. the width of the right and left shoulder a maximum of 2 metres; 3. Wide slash Sun from the edge of the road right and left shoulders respectively to a maximum of 10 meters. The second part of the provisions of article 18 Wood Utilization (1) utilization of timber in order to manufacture the corridors are given with the following conditions: www.djpp.depkumham.go.id 2010, no. 65 13 a. Wood obtained in the framework of the creation of a corridor of areal IUPHHK traveled corridors prioritized its utility to the holder of the corresponding IUPHHK. b. Wood obtained from the results of the creation of corridors referred to in letter a, the target volume utilization is entered at once in the corridors of the permission. c. the timber obtained from the State forest acreage not burdened the rights given to the holder of the permit is a corridor with a target volume utilization of wood included in the permit the creation of corridors; or d. the wood obtained from the area of the land handed over to the owner of the area today. (2) obtained from the manufacture of Wooden corridors that comes from the forest of the country subject to the levy of tax instead of State acceptance (PNBP) forestry in accordance with the legislation in force. CHAPTER IV OBLIGATIONS of the HOLDER of the PERMIT holder's permission article 19 CORRIDOR the corridor is mandatory: a. secure the forest area that traversed the corridors from encroachment, illegal logging, fire, wild, wild mining settlement, and or other tort; b. make and put up signs-traffic signs at specific places; and chapter V the CONSTRUCTION and CONTROL of article 20 (1) Directorate conducts coaching and organizing the licensing control of the corridor. (2) the provincial Agency doing coaching and technical control of the implementation of the permit the creation of corridors. (3) service of the district/city do the control of the implementation of the permit the creation of corridors and the use of the corridor. Article 21 Construction and control as referred to in article 20 paragraph (1), subsection (2) and paragraph (3), carried out in the form of surveillance and monitoring. www.djpp.depkumham.go.id 2010, no. 65 14 Article 22 (1) the holder of a permit to convey mandatory corridor monthly reports about the realization of the creation of a corridor to the Head Office of the province with a copy to the Head Office of kabupaten/Kota. (2) Sekurang-kurang 3 (three) months once the Head Office of kabupaten/Kota performs assessment (evaluation) of the field towards the implementation of creation and permissions or permission to use the corridor. (3) the results of the assessment (evaluation) of the field referred to in paragraph (2) was reported to the Governor at least 7 (seven) working days after carrying out an assessment (evaluation). (4) the Head Office of the province delivered the report on the Organization of the licensing of the corridor every 3 (three) months to the Director General. CHAPTER VI PENALTIES Article 23 (1) administrative sanctions Imposed fines amounting to 15 times PSDH if: a. the holder IUPHHK or GPA that makes the corridor before any permits or not in accordance with permit the creation of corridors, as the provisions in article 132 letter b Government Regulation number 6 of 2007 jo. Government Regulation number 3 of 2008. b. Holders permission to use the corridors that do widening the corridors without the letter of approval of the Head Office of the province. (2) the creation of a corridor that does not comply with the permit referred to in subsection (1) letter a is in making a corridor the corridor for arbitration was not in accordance with the permitted. CHAPTER VII TRANSITIONAL PROVISIONS section 24 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 about the manufacture and use of Corridors Permission for business license Harvesting Forest wood (IUPHHK) in natural forests or forest Plants before this rule, set forth stated remains valid. www.djpp.depkumham.go.id 2010, no. 65 15 CHAPTER VIII PROVISIONS COVER Article 25 with the establishment of this rule, then the decision of the Minister of forestry Number SK Menhut-352./II/2004 about the manufacture and use of Corridors Permission For business license Harvesting Forest wood (IUPHHK) in natural forests or forest plants, stated does not apply. Article 26 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 January 29, 2010 MINISTER of AGRICULTURE of the REPUBLIC of INDONESIA, ZULKIFLI HASAN Enacted in Jakarta on February 2, 2010 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA PATRIALIS AKBAR www.djpp.depkumham.go.id