REPUBLIC OF INDONESIA STATE NEWS

No. 65, 2010 MINISTRY OF FORESTRY. The corridor. Use. Creation.

REGULATION OF THE REPUBLIC OF INDONESIA FORESTRY MINISTER

NUMBER P. 9/MENHUT-II/2010 ON

PERMIT CREATION AND USE OF THE CORRIDOR

WITH THE GRACE OF GOD ALMIGHTY

MINISTER OF FORESTRY REPUBLIC OF INDONESIA,

A draw: a. that under Article 74 and Article 75 of the paragraph (5) of the Government Regulation No. 6 of the Year 2007 jo. Government Regulation No. 3 of 2008 on the Forest and Drafting Of Forest Management Plans, as well as forest maintenance arrangements regarding the manufacture and use of corridors for the activities of the Timber Forest Results (IUPHHK) Permit Activities of the Natural Forest. or the Plant Forest;

b. that with respect to the item a above, it needs to establish the Minister ' s Regulation on the Creation and Use of Corridor Use;

Given: 1. Law No. 5 of 1990 on the Conservation of Natural Resources Hayati and Ecosystem (sheet of state of the Republic of Indonesia 1990 No. 49, Additional Gazette of the Republic of Indonesia Number 3419);

2. Law No. 23 of 1997 on Environmental Management (State Sheet

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Republic Indonesia Year 2007 Number 68, Additional Gazette Republic of Indonesia Republic Number 3699);

3. Law No. 41 of 1999 on Forestry (sheet of state of the Republic of Indonesia Year 1999 Number 167, Additional Gazette of the Republic of Indonesia No. 3888), as amended by Invite-Invite Number 19 Year 2004 on Redemption Government Regulation Replacement Law Number 1 Year 2004 on Changes to Law No. 41 of 1999 on Forestry being the Invite-Invite (state Gazette of the Republic of Indonesia in 2004 No. 86, Additional Gazette of the Republic of the Republic of Indonesia Indonesia Number 4412);

4. Law No. 32 of the Year 2004 on Local Government (Indonesian Republic of Indonesia Year 2004 Number 125, Additional Gazette of the Republic of Indonesia No. 4437), as it has been several times amended, last with Act Number 12 Years 2008 on Second Amendment to the Law No. 32 of 2004 on Local Government (Indonesian Republic of Indonesia 2008 No. 59, Additional Gazette of the Republic of Indonesia Number 4844);

5. Government Regulation Number 20 of 2001 on Coaching and Supervision of the Local Government (sheet of State of the Republic of Indonesia 2001 No. 41, Additional Gazette of the Republic of Indonesia No. 4090);

6. Government Regulation Number 35 Year 2002 on Dana Rebozation (State of the Republic of Indonesia 2002 Number 67, Additional Gazette Republic of Indonesia Number 4207), as amended by Government Regulation No. 58 Year 2007 (State of the Republic of Indonesia Number 4776);

7. Government Regulation No. 44 Year 2004 on Forest Planning (Indonesian Republic Gazette 2004 Number 146, Additional Gazette Republic of Indonesia Number 4452);

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8. Government Regulation No. 45 of 2004 on Forest Protection (State Sheet Indonesia 2004 Number 147, Additional Gazette of the Republic of Indonesia Number 4453);

9. Government Regulation No. 6 of 2007 on the Forest and Drafting Of Forest Management Plan, as well as Forest utilization (State Gazette of 2007 No. 22, Additional Gazette of the Republic of Indonesia Number 4696), as well as the has been amended by Government Regulation No. 3 of 2008 (Gazette of the Republic of Indonesia 2008 No. 16, Additional Gazette of the Republic of Indonesia No. 4814);

10. Government Regulation No. 38 of 2007 on the Division of Government Affairs between Government, Provincial Government, and District/City Government (State Gazette of 2007 Indonesia Number 82, Extra State Sheet) Republic of Indonesia No. 4737);

11. The Presidential Decree No. 10 of 2005 on the Unit of Organization and Duty of Eselon I Ministry of State of the Republic of Indonesia, as it has been several times amended, was last with the Presidential Regulation No. 50 of 2008;

12. Presidential Decree No. 47 of 2009 on the Establishment and Organization of the Ministry of State of the Republic of Indonesia;

13. Presidential Decree No. 84 /M of 2009 on the Establishment of the United Indonesia Cabinet II;

14. Decision of Minister Forestry Number 6652/Kpts-II/2002 on the Assignment, Assessment And Concern Of The IUPHHK Annual Works Plan on the Natural Forest or Plant Forest;

15. Decision of Minister Forests Number 124 /kpts-II/2003 jo. Decision of the Minister of Forestry No. 445 /Kpts-II/2003 on the technical directive of the manner of the imposition of the motion, payment, and the Provision of the Forest Resource Provision (PSDH);

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16. Rules of Minister for Forestry Number P. 13/Menhut-II/2005 on the Organization and Work Order of the Department of Forestry, as it has been several times amended last with the Number P. 64/Menhut-II/2008 (State News of the Republic of Indonesia of 2008 Number 80);

17. Minister of Forestry Law Number P. 55/Menhut-II/2006 on the Company of Forests of Forests Coming From the Forest of State, as has been several times amended, lastly with the Ordinance of the Minister of Forestry P. 45/Menhut-II/2009;

18. Regulation of Forestry Minister Number P. 56/Menhut-II/2009 on the Annual Work Plan for the Results of Wood Forest Results in the Natural Forest and Ecosystem Restoration;

19. Regulation Minister P. 18/Menhut-II/2007 Regulation On Technical Guidance Of The Introduction Of Introduction, Forest Resources Provision (PSDH) and Rebozation Fund (DR) Reseller;

20. Regulation of Minister of Forestry Number P. 39/Menhut-II/2008 on the Way of the Introduction of Administrative Sanctions against the Holders Of The Forest (Indonesian Republic Of Indonesia 2008 Number 14);

21. Minister of Forestry Number P. 62/Menhut-II/2008 on the Work Plan for Expediency Efforts of the Wood Forest Results of the Industrial Plant and the Forest of the People's Plant (News of the Republic of Indonesia 2008 Number 74);

22. Regulation of the Minister of Forestry of the Republic of Indonesia number p. 58/Menhut-II/2009 on the replacement of the Tegakan Value of the Timber Utilization Permit and Or From Land Setup In The Building Of A Plant Forest;

DECIDED: Establishing: REGULATION OF THE MINISTER FORESTER ABOUT PERMISSION

MANUFACTURE AND USE OF CORRIDOR BAB I

provisions Of UMUM

Section 1

In this Regulation, referred to as:

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1. Forest Area is a designated area designated and or designated by the Government to maintain its existence as a fixed forest.

2. The protected forest is a forest area that has a central function as the protection of the life buffer system to regulate the water system, preventing flooding, controlling erosion, preventing the intrusion of seawater, and maintaining soil fertility.

3. Conservation forest is a forest area with particular characteristics, which has a central function of the preservation of plant and animal diversity and its ecosystem.

4. The Production Forest is a forest area that has a central function of producing forest products.

5. The Forest of State is a forest that is on unburdened land rights to the land.

6. Wood Forest Exploitation (IUPHHK) efforts in natural forests previously called Forest Service Rights (HPH) in the natural forest are the permit to utilize the production forests that their activities consist of harvesting or logging, planting, and making use of the forest. maintenance, security, processing, and marketing of wood forest results.

7. (IUPHHK) in the forest of plants formerly called the Governing Body Forest Industry (HPHTI) is the permit to utilize the production forests whose activities are made up of land preparation, perbenihan or nursery, planting, maintenance, harvesting or logging, processing and marketing of wood forest results.

8. A corridor is a road-road infrastructure of road trucks or lori, which are made and or used mainly for transporting wood forest products, or not wood, or the production of timber industry production of IUPHHK area in natural forests, IUPHHK in the plant forest, the IPK, or the industrial area to the wood/logpond stockpile on the banks of the river/sea or elsewhere by via the areal outside the IUPHHK area of natural forests, IUPHHK in the plant forest or the corresponding IPK.

9. Corridor Creation permit is a permit granted by officials authorized to IUPHHK holders in natural forests, IUPHHK on plant forests or IPK to make timber transport roads outside the IUPHHK area of natural forest, IUPHHK in the plant forest or the IPK in question.

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10. Corridor use permit is the permission granted by officials authorized to IUPHHK holders in natural forests, IUPHHK in plant forests or IPK to use completed corridors and/or corridors that have existed, outside of areal IUPHHK on natural forest, IUPHHK on the plant forest or the IPK concerned.

11. The next timber utilization permit called IPK is the permit to utilize the wood and/or non-wood forest output of the converted production forest area (HPK), the use of the area with the status of the use, exchange exchanges, and from Areal. Other Use (APL) or Non-Forestry Cultivation Area (KBNK).

12. The Other Use Area (APL) or Non-Forest Cultivation Area (KBNK) is an area of forest status that is based on the Decree of the Minister of Forestry on the designation of the Forest Area and the Waters of the Province into a non-Forest Area.

13. The Minister is the Minister for the duty and responsibility in the field of forestry.

14. The Director General is the Director General of the Board of Directors and responsibility in the field of Forestry Production Bina.

15. The Provincial Service is the Service that is the duty and responsibility of the forestry in the province region.

16. County/City Services are the Services that are the duty and responsibility in the field of forestry in the District/City area.

CHAPTER II OF THE TYPE, REQUIREMENT, AND LAYOUT OF THE CORRIDOR PERMIT

Section Parts Permission Type 2

(1) The corridor permit type is made up of: a. Corridor creation permit; b. Corridor use permit.

(2) The corridor creation permit as referred to in paragraph (1) letter a, has included in it the corridor use permit.

The Second Section

Area Requirements

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Article 3 (1) corridor creation permit can be provided on the region:

a. Wood Production; b. Other Use areas (APL).

(2) The permit of the use of the corridor can be provided on the region: a. Wood Production; b. The Forest of Shelf; c. Other Use Areas

(3) In areas of protected forest, conservation forest, forest area with special purpose (KHDTK) cannot be granted corridor creation permit.

(4) The corridor is not allowed to pass the seeds of seed, the measure of the measure. permanent, plot-plot research, areal genetic resources, seed gardens and seed collection.

Article 4 The permit of the manufacture and use of corridors on the production forest can be given to: a. IUPHHK holders in the natural forest; b. Holder of IUPHHK in the forest of plants; or c. The IPK holder.

Article 5 (1) The use of the corridor usage as referred to in Section 3 of the paragraph (2)

may be provided against the existing corridor and is made lawfully. (2) IUPHHK/IPK holders who will use the corridor crossing

protected forests are required to make the Integrity Pact its contents: a. Permission to permit the corridor to be cancelled if the encroachment

protected forest area. B. are willing to relive the forest as a result of encroachment.

Third Section Tata Cara Request corridor

article 6 (1) The request of corridor creation permit submitted by IUPHHK holder

on the natural forest, IUPHHK on the plant forest or IPK holders to the Governor, with a gust to: a. Director General;

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b. Head of the Provincial Service; c. Head of the District Service/Kota; and d. The Head of Forest Area Hall.

(2) The invocation as referred to in paragraph (1) is subject to requirements: a. A planned corridor trase plan made on a scale map of 1: 25,000; b. The affidavit does not object from the holder of IUPHHK in

the natural forest or IUPHHK in the plant forest, if the corridor to be made through the IUPHHK work area of the natural forest or IUPHHK in the forest of the plant is concerned.

c. Approval of the Director General of Bina Production Forestry if the corridor to be made through the Production Forest is unburdened by hak/izin;

d. Letter from the District/City Government if the corridor will be made via APL; and

e. Letter of consent from the holder of the rights to the land, if the corridor to be made through the land of the title rights.

Article 7 (1) In the case of one of the requirements as referred to in Article 6 of the paragraph

(2) is not met, At least 14 (fourteen) days of work since the acceptance of the application as referred to in Article 6 of the paragraph (1), the Governor whose implementation is performed by the Provincial Office of the Provincial Service.

(2) In terms of terms as referred to Section 6 of the paragraph (2) fulfilled, at least ten (ten) business days since He received a request as referred to in Article 6 of the paragraph (1), the Head of the Provincial Service formed a Team consisting of the Technical Power of Forestry, Provincial Service Officer, County/City Service and the Forest Area Meeting Hall to perform the assessment. and an examination of the trase plan as referred to in Section 6 of the paragraph (2) of the letter a and the Team is required to pay attention in the event of a existing corridor.

(3) The cost of the check is charged on the applicant based on the standard of the fee accordingly. the local Province provision.

Article 8 (1) The slowest 2 (two) business days after The Task Order Letter

(SPT) of the Provincial Forest Service Head, Team as intended

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in Section 7 of the paragraph (2), examination of the planned trase corridor plans were poured in the News Examination News (BAP).

(2) The slowest 7 (seven) business days, the team reports the results of the inspection of the corridor trase plan as referred to in paragraph (1) to the Head of the Provincial Forest Service accompanied by a recommendation to be approved or unapproved.

Article 9 (1) In the event of the Team as referred to in Section 8 of the paragraph (2)

Recommendations for the slowest 15 (fifteen) business days since the receipt of the recommendation, the Chief of Department of the Province of a.n. Governor publishes a Decision of Permission The creation of a corridor, a copy was delivered to: a. Director General; b. Governor; c. Head of the Forest utilization monitoring hall; and d. The applicant in question

(2) The decision of a corridor making permission as referred to in paragraph (1) contains another: a. The name and address of the holder; b. Length and width of the Corridor; c. Corridor creation; d. The date is fixed and the permission is required; e. The permit attachment is a map of the corridor trase plan.

(3) In terms of the Team as referred to in Article 8 of the paragraph (2) Recommend for not approved the slowest 10 (ten) business days, the Chief of the Provincial Service of the A.n. Governor publishes a letter The rejection of the applicant, whose envoy is delivered to: a. Director General; b. Governor; c. Head of the county/Kota; and d. Head of the Forest Area Building Hall.

Article 10 Term expiry of the corridor creation is provided with regard to the nature and length conditions of the corridor being created.

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Fourth Section Of The Layout Permit Usage

Section 11 (1) Application Permit Permit submitted by Holder IUPHHK

on the natural forest, IUPHHK on the plant forest, IPK or holder Use your license to the Governor, with the stew to: a. Director General; b. Head of the Provincial Service; and c. Head of the District/City Service.

(2) the invocation of paragraph (1) is subject to a requirement: a. The corridor map to be used with a scale of 1: 25,000; b. The approval letter of the corridor permit.

(3) In terms of road-making plans by loan permit holders passing through IUPHHK areal, the making of the road is directed at existing corridors with a corridor use permit scheme.

(4) The use of the corridor usage as referred to in paragraph (3) provided to the use of the use permit holder to transport its production is subject to the PNBP pursuant to applicable law.

Section 12 (1) In terms of terms as referred to in Section 11 of the paragraph (2) not

fulfilled, At least ten (ten) days of work since the acceptance of the application, the Chief of the Provincial Department.

(2) In terms of the terms as referred to Article 11 of the paragraph (2) are already fulfilled, at least at least 10. (ten) a day of work since receiving the request, the Head of the Provincial Forest Service formed a Team consisting of Forestry Technical Power in the Provincial Forest Service and the District/City Forest Service to conduct a corridor inspection of the used.

(3) The check charge is charged on the applicant based on the standard of the cost Under the terms of the local province.

Article 13 (1) The slowest 2 (two) business days after the publication of the Task Order

(SPT) of the Provincial Forest Service Head, Team as intended

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on Section 12 of the paragraph (2), conduct a corridor check that results be poured on the News Examination News (BAP).

(2) The slowest 7 (seven) business days since the inspection is implemented, the team reports the results of a corridor inspection as referred to in paragraph (1) to the Provincial Forest Service Chief as a matter of approval or rejection.

Article 14 (1) In the event of an application approved, the Chief of the Provincial Service of the A.n. Governor

publishes the Corridor Use Permission Decision, a copy of which is delivered to: a. Director General; b. Governor; c. Head of the District Forest Service/Kota; d. Head Hall Monitoring Utilization Forest Production; and e. The applicant is concerned.

(2) The decision of the use of the corridor usage as referred to in paragraph (1) contains another: a. The name and address of the holder; b. The length and width of the corridor; c. Provisions of the use and maintenance of the corridor; d. The date is specified and the permission is required; e. A permit attachment is a map of the corridors used; and f. The obligation to keep and secure the forest in the vicinity

the corridor. (3) In the event of a request to be denied, the Provincial Office of the A.n. Governor

published a rejection letter to the applicant, whose envoy was delivered to: a. Director General; b. Governor; c. Head of District Forestry/Kota; and d. Head Of The Production Forest Utilization Monitoring Hall.

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Section 15 (1) Term expires the use of the longest corridor until

with IUPHHK in the natural forest, IUPHHK in the plant forest, IPK holder or loan permit holder is terminated.

(2) In IUPHHK thing in natural forest, IUPHHK on plant forest, IPK holder or loan holder usage as referred to in paragraph (1) is extended, the corridor use permit remains in effect.

Article 16 (1) Licensee's use of the use of the corridor can be conducted a corridor widening

after it got the Provincial Service Chief ' s approval letter. (2) The distribution of the corridor as referred to in paragraph (1) is adjusted

with the need for use permission by the use of the use permit holder. BAB III

PROVISIONS OF CORRIDOR CREATION AND TIMBER UTILIZATION

THE PROVISION OF CORRIDOR CREATION FOR IUPHHK ACTIVITIES IN NATURAL FORESTS OR IUPHHK IN FOREST FOREST

SECTION 17 IMPLEMENTATION OF CORRIDOR CREATION MUST BE following the provisions of the following: a. Use tools as defined in the applicable Terms of Use; b. The distance of the transport is the shortest distance; c. It takes precedes in unwooded areal; d. No burning; and e. Maximum corridor width of 34 meters with details:

1. the main road width of 10 meters; 2. the width of the right and left road shoulders maximum 2 meters; 3. Wide of the sun bang from the shoulder edge of the right and left side of the right road

maximum 10 meters. Second Part

Timber Utilization Provisions Section 18

(1) The utilization of wood in the framework of corridor creation provided with the following conditions:

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a. The timber obtained in the framework of the corridor from IUPHHK area through which the corridor is prioritised is prioritised to the relevant IUPHHK holders.

b. Wood obtained from the result of the corridor manufacture as referred to in the letter a, the target volume utilization of the wood was entered at once in the corridor permit.

c. Wood obtained from unburdened State forest areal rights granted to corridor permit holders with the target volume of wood utilization are included in the corridor Creation Permit; or

d. The wood obtained from the land area belongs to the owner of the areal.

(2) Wood obtained from the making of the corridor from the country forest is charged with the state's acceptance of the state's acceptance of non-tax (PNBP) of the forest. with applicable laws.

CHAPTER IV OBLIGATIONS OF THE CORRIDOR PERMIT HOLDER

Article 19 of the mandatory corridor permit: a. Securing forest areas traversed by the corridors of encroachment,

illegal logging, fire, wildlife settlement, wildlife mining, and or deeds against other laws;

b. Create and install traffic signs at specific places; and

CHAPTER V COACHING AND CONTROL

Article 20 (1) The General Directorate does the coaching and control of

the hosting of corridor permits. (2) The Provincial Service carried out technical coaching and control of

the execution of corridor creation permits. (3) County/City Services do control of the implementation of permits

corridor creation and use of the corridor. Article 21

The coaching and control as referred to in Article 20 of the paragraph (1), paragraph (2) and paragraph (3), is conducted in the form of surveillance and monitoring.

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Section 22 (1) The corridor permit is required to pass a monthly report on

The realization of the making of the corridor to the head of the Provincial Service by busan to the Head of the City/City Service.

(2) Less than 3 (3) months the county/City Service Head does a field assessment (evaluation) of the field against the execution of the making and or the use of corridor usage.

(3) The results of the field evaluation (evaluation) as well as the referred to the paragraph (2) is reported to the Governor of the slowest 7 (seven) business days after carrying out the assessment (evaluation).

(4) The head of the Provincial Service delivered a report of the licensing corridor every 3 (three) months to the Director General.

CHAPTER VI SANCTION Article 23

(1) Imposed administrative sanction is a fine of 15 times PSDH if: a. Holder of IUPHHK or IPK that makes the corridor before there is a permit

or not according to the corridor creation permit, as is the provision in Article 132 of the letter b of Government Regulation No. 6 of the Year of 2007 jo. Government Regulation No. 3 of 2008.

b. The use of the corridor's use of the corridor without the Provincial Head's approval of the corridor.

(2) The creation of a corridor that does not comply with the permission as it is referred to in paragraph (1) letter a is if it makes the corridor that not in accordance with permitted corridor trase.

BAB VII TRANSITION provisions

Section 24 of the authoring and or use of the published corridor under the Decree of the Minister of Forestry Number SK.352/Menhut-II/2004 on Permission Transport and Use of the Corridor for the Timber Forest Results Permit activities (IUPHHK) on the Natural Forest or Plant Forest prior to this Regulation, is set to be declared to remain in effect.

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BAB VIII provisions CLOSING

Article 25 With the provisions of this Regulation, then the Decree of the Minister of Forestry Number SK.352/Menhut-II/2004 on the Creation And Corridor Use Permit For Business Permit Activities Utilization of the Results of Wood Forest (IUPHHK) In the Natural Forest or Plant Forest, declared not to apply.

Article 26 of the Minister of Forestry Ordinance came into effect on the date of the promulgations. In order for everyone to know, the Ordinance of the Minister of Forestry is promulred by its discoverer in the News of the Republic of Indonesia.

Specised in Jakarta

on 29 January 2010 MINISTER OF AGRICULTURE REPUBLIC OF INDONESIA,

ZULKIFLI HASAN

PROMULSTED IN JAKARTA ON FEBRUARY 2, 2010 MINISTER OF LAW AND HAM REPUBLIC INDONESIA ' S PATRIALIST AKBAR

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