Machine Translation of "Regulation Of The Minister Of Forestry Number P. 12/menhut-Ii/2010 2010" (Indonesia)

Regulation Of The Minister Of Forestry Number P. 12/menhut-Ii/2010 2010

Original Language Title: Peraturan Menteri Kehutanan Nomor P.12/MENHUT-II/2010 Tahun 2010

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REPUBLIC OF INDONESIA STATE NEWS

No. 100, 2010 MINISTRY OF FORESTRY. Use Of The Utilization Effort. Procedure. Hutam Production.

REGULATION OF THE REPUBLIC OF INDONESIA FORESTRY MINISTER

NUMBER P. 12/MENHUT-II/2010 ON

TATA METHOD OF IMPOSITION, BILLING, AND PAYMENT OF THE USE OF FOREST UTILIZATION EFFORTS ON THE FOREST OF PRODUCTION

WITH THE GRACE OF GOD "THE SUPREME MINISTER OF THE REPUBLIC OF INDONESIA,

" DRAWS: A. that under Article 79 paragraph (2), paragraph (3), and paragraph (7) of the Government Regulation No. 6 of 2007 on the Forest and Drafting Of Forest Management Plans and the Forming of the Forest is determined that the Forest of Forested Expediency Permit (IIUPH) is imposed on the Order of the Forest. to a forest utilization permit holder based on the area of the forest provided in the permit and levied once upon the time the forest utilization effort is given;

b. that in order to accelerate the increase in the acceptance of non-tax countries (PNBP), the IIUPH and in order to carry out the provisions of the terms of the letter a, need to specify the Minister of Forestry Regulation on the Order of the Introduction, Biling, and Payment of Iuran Permission to Utilize Forest Utilization in the Production Forest.

Given: 1. Law No. 20 Year 1997 on Reception of State Not Tax (State Sheet

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Republik Indonesia Tahun 1997 Number 43; Additional Gazette Republik Indonesia Republik Indonesia Number 3687);

2. Act Number 25 of 1999 on the Financial Balance between the Central Government and the Local Government (State of the Republic of Indonesia in 1999 No. 84; Additional Gazette of the Republic of Indonesia Number 3759);

3. Law No. 41 of 1999 on Forestry (sheet of state of the Republic of Indonesia in 1999 number 167, additional state sheet number 3888) as amended by Law No. 19 of 2004 on Government Regulation Penetration Successor Law Number 1 Year 2004 On The Changes To Law Number 41 Of 1999 On Forestry Act Of Law (sheet Of State Of The Republic Of Indonesia 2004 Number 86, Extra State Sheet Number 4412);

4. Law No. 32 of 2004 on Local Government (Indonesian Republic of Indonesia 2004 Number 125, Additional Gazette Republic of Indonesia No. 4437) as has been several times amended last by Invite Number 12 2008 About The Second Change Of The Law Number 32 Of 2004 On Local Government (sheet Of State Of The Republic Of Indonesia 2008 Number 59, Additional Gazette Of The Republic Of Indonesia Number 4844);

5. Government Ordinance Number 22 Of 1997 On The Type And Deposit Of State Acceptance Not Taxes (State Sheet Of The Republic Of Indonesia In 1997 Number 57, Additional Sheet Of State Republic Indonesia Number 3694), As amended By Government Regulation Number 52 Of 1998 (sheet Of State Of The Republic Of Indonesia In 1998 Number 85, Additional Gazette Of The Republic Of Indonesia Number 3760);

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6. Government Regulation Number 59 of 1998 on Tariffs On Types Of State Acceptance Not Taxes Applicable To The Department Of Forestry And Plantation (State Sheet Of The Republic Of Indonesia In 1998 Number 94, Additional Sheet Of State Of The Republic Of Indonesia Number 6767), as has been several times amended, last with Government Regulation No. 92 of 1999 (State Gazette of the Republic of Indonesia in 1999 No. 201, Additional Gazette of the Republic of Indonesia Number 3914);

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

8. 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 of 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);

9. Presidential Decree No. 84 /P of the Year 2009 on the Establishment of the United Indonesia Cabinet II;

10. 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 amended last several times with the Presidential Regulation No. 20 of 2008;

11. Policy of the President of the Republic of Indonesia No. 47 of 2009 on the Establishment and Organization of the Ministry of State;

12. The Decision Of The Minister Of Forestry And Plunder Number 700 /Kpts-II/1999 On The Resettlement Of The magnitude Of The Forest Company ' s Rights (IHPH) For All Indonesia;

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13. The decision of the Finance Minister Number 109 /KMY.06/ 2004 on the Tata Cara Reception of the State Reception Is Not Taxes Coming From The Natural Resources Sector ' s Natural Resources;

14. 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);

15. Regulation of Minister of Forestry Number P. 39/Menhut-II/2008 on the Tata Cara's Introduction to Permit Holders Of Forest Heating (Indonesian State News 2008 Number 14).

DECIDED: SET: THE FOREST MINISTER ' S REGULATIONS ON TATA

THE WAY IMPOSITION, BILLING, AND PAYMENT OF FOREST UTILIZATION EFFORTS ON FOREST PRODUCTION

CHAPTER I OF THE GENERAL PROVISIONS

Article 1 In this Regulation which referred to: 1. The Forest of State is a forest that is on unburdened land rights

over the ground. 2. The Forest of Rights/People ' s Forest is a forest that is on the ground that has been

burdened the rights to the land. 3. Natural Forest is a natural-trees field

that is an entirely natural living communion with its environment.

4. The Forest of Plant Industry (HTI) is a forest of plant forests built by forestry industry groups to improve the potential and quality of the production forests by applying silvicultures in order to meet the the need for raw materials.

5. The people ' s forest forest which is abbreviated to HTR is a crop forest in the production forest built by community groups

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to enhance the potential and quality forest production by applying silvicultures in order to ensure the preservation of forest resources.

6. HTHR's next Rehabilitation Plant Forest is a plant forest in the production forest built through the rehabilitation of land and forests in the forest area of production to recover, maintain, and improve the function of the plant. the land and the forest in order to maintain its support, productivity, and its role as a life buffer system.

7. IIUPH-The first IIUPH permit is a levy imposed on the use of forest utilization permit holders in the production forest of a particular forest area performed once in the time of the permit. It was given.

8. The next Forest Utilization Effort (IUPH) is a permit issued by authorized personnel made up of the Neighbourhood Utilization (IUPK), Environmental Service utilization permit (IUPJL), a yield for the utilization of the results. Wood and/or Not Wood (IUPHHK/BK) forest, in the predetermined forest area.

9. The next holder of the forest utilization permit is called the Entity ID, Koperating, or a person given a business permit in the forest utilization field as referred to in number 8.

10. (IUPHHK) (IUPHHBK) and the Forests of the Timber Forest Results (IUPHHBK) are permitted to use forest products and or not to use the forest products. wood in the natural forest in the forest of production through harvesting or logging, enrichment, maintenance, and marketing.

11. IUPHHK and or IUPHHBK in a plant forest is the permit given to make use of forest products of wood and/or not wood in the forest of plants in the forest of production through the activities of land preparation, nursery, planting, maintenance, and timber. harvesting and marketing.

12. The next International Use of the Area (IUPK) is a permit given to use the area in the protected forest and the production forest.

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13. The next operating permit for the Environmental Services (IUPJL) is a permit granted to use environmental services in protected forests and in the production forest.

14. The next payment for the Forests of the Forest Service (SPP-IIUPH) is a document that contains the bulk of the obligation to deposit the Forest's Expediency Efforts.

15. A collector's official is the Director General or Head of the Provincial Service or Head of the Regency/City Service who is assigned the task and the authority to publish the SPP-IIUPH.

16. The Minister is the Minister responsible in the field of Forestry; 17. The Director-General is the director general of the duty and responsibility

answers in the field of Bina Production Forestry. 18. The Provincial Service is the duty and responsibility service in the

area of forestry in the province. 19. County/City Services are services that are in charge of duty and responsibility

answer in the field of forestry in the county/city area. 20. Structural officials are the Director General of Bina Bina Forestry Production

or the Head of the Provincial Forest Service or the Head of the District/City Forest Service.

CHAPTER II OF THE IIUPH SUBJECT

Section 2 of the Forest Expediency Business Permit Permit (IIUPH) is imposed on the Licensee that includes: a. Area Utilization Permit (IUPK); b. Environmental Services Permit (IUPJL); c. Woodland Use Permit Holders Of Wood Forest Results In Natural Forests

(IUPHHK-HA); d. Holder Of The Venture Permit Utilization Of Forest Forest Restoration Efforts

in the Natural Forest (IUPHHK-Restoration Ecosystem); e. Holder Of Woodland Extraction Efforts in Plant Forest

Industry (IUPHHK-HTI); f. Woodland Use Permit Holder In Plant Forest

People (IUPHHK-HTR);

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g. Holders Of Woodland Extraction Efforts Instead Of Wood In Natural Forests (IUPHHBK-HA); and

h. Holders Of Woodland Extraction Efforts Instead Of Wood In Plant Forest (IUPHHBK-HT).

CHAPTER III RULES OF IMPOSITION, VOTING, AND PAYMENT

Article 3 (1) of the debt of the owed IIUPH as referred to in

Section 2 of the letters a, b, e, f, g, and letter h, is calculated based on the area of the forest area is given in permission multiplied by the magnitude of the IIUPH fare.

(2) The indebted IIUPH imposition as referred to in Article 2 of the letter c and the letter d, calculated based on the area of the forest area given in the permit multiplied by the magnitude of the IIUPH fare multiplied by the term of utilization.

Article 4 (1) IIUPH as referred to in Article 3, imposed also against

the addition of work areal and or extension of the forest utilization effort in the production forest.

(2) The value of the IIUPH fare as contemplated in Section 3, defined under the terms of the laws of the In effect.

Section 5 (1) Collector Officials publishes the License Payment Letter License

The Forest Expediency Attempt (SPP-IIUPH) as the basis for the debt payment IIUPH.

(2) The SPP-IIUPH (SPP-IIUPH) payment owed as a result. Referred to in paragraph (1), performed at least 7 (7) business days after a copy of the Decree of IUPH received by the Officer of the Collealer.

(3) The Acting Officer, as referred to in verse (1), is: a. Director General for licensing the region's utilization, efforts

utilization of the environment, the utilization of timber and or non-timber in the natural forest, and the use of wood forest products and or not wood in plant forests. whose permission was issued by the Minister of Forestry;

b. Head of the Provincial Service for the licensing of the region's utilization of the environment, the use of environmental services, the use of woodland use instead of timber in the natural forest, and the use of wood forest products

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and or not wood in the plant forests that the authorized governor or authority has been granted to the Governor;

c. The head of the District/City Department for licensing the region's utilization of the environment, the utilization of environmental services, the use of woodland products instead of wood in the natural forest, and the use of wood forest products and or not wood in the forest of plants that permits the use of timber. Issued by the Regent/Mayor or the authority of the permit has been granted to the Regent/Mayor.

(4) The specified SPP-IIUPH (SPP-IIUPH) application in paragraph (3), is required to be named the 15-digit reference code of the permit holder as Mandatory Pay in payment of IIUPH in accordance with the producing area, consisting of:

a. Provincial code of the province; b. District/kota; c. Code-type code; d. Company's initial code; and e. Year and billing month. (5) The specified SPP-IIUPH is referred to in paragraph (4), with

the officer of the collector as referred to in paragraph (3) of the letter a, created by 5 (5) with the tail:

a. A spreadsheet for the Licensee as a Pay-per-Service (MAS); b. Second sheet for the Minister; c. Third sheet for the Secretary General of the Forestry Department; d. Fourth sheet for Provincial Service Head; and e. The fifth sheet for the Head of the District/City Service. (6) The specified SPP-IIUPH is referred to in paragraph (4), with

the officer of the collector as referred to in paragraph (3) of the letter b, created by 5 (5) with the following:

a. A spreadsheet for the Licensee as a Pay-per-Service (MAS); b. A second sheet for the local governor; c. Third sheet for the Secretary General of the Forestry Department; d. The fourth sheet for the Director General; and e. The fifth sheet for the Head of the District/City Service.

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(7) AUPIIUPH in debt as referred to in paragraph (4), with a collector's official as referred to in paragraph (3) of the letter c, is made a double 5 (5) with the tail:

a. A spreadsheet for the Licensee as a Pay-per-Service (MAS); b. The second sheet for the Regent/Walikota; c. Third sheet for the Secretary General of the Forestry Department; d. The fourth sheet for the Director General; and e. Fifth sheet for the head of the Propinsi Service. (8) The debted blanko SPP-IIUPH Format as set forth in

Attachment 1, 2, and 3 of these Rules. Section 6

Based on SPP-IIUPH as referred to in Section 5, Licensee as Mandatory Service pays IIUPH which is owed to the Kas State through the Bendaharawan Beneficiary Department of the bank appointed by the Minister of Forestry by listing the 15-digit reference code.

Article 7 (1) The debt payment IIUPH is slowest 30 (three

days of work since the date of the received SPP-IIUPH).

(2) If the Licensee is authorized to use the Program, Licensee is not authorized to use the Program.

(2) If Licensee is authorized to use the Program, As a result of the payment of the payment of the last term, the payment of the payment of the payment of the Referred to in verse (1), to the Licensee is granted a reprimand letter containing the request of a softening of the IIUPH which is the requirement of a Decree of IUPH, 3 (three) times with a half-time of 15 (15) business days for any reprimand.

(3) If up to the end of the term of the time of reprimand III, the holder of the permit is not to pay off the owed IIUPH, the Decree of the IUPH was not submitted and to Wajib Pay was issued the notice signed on behalf of the authorized issuer ' s official.

Article 8 (1) In terms of have already paid the debt payment of the IIUPH owed, holder

as Wajib Pay reports the realisation of the payment of the IIUPH by handing over evidence of the softening of the recipient bank to the Acting Officer as referred to in Article 5 of the paragraph (3).

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(2) The proof of IIUPH softening the bank of the recipient as referred to in paragraph (1), is used as the basis for the submission of the granting of IUPH granting.

Article 9 (1) The provisions of the Amar Decree of the Minister of Forestry/Forestry Minister

and the Plantation of HPH/HPHTI renewal requires the softening of the IIUPH payment for the remainder of the unpaid date At least two (two) years before the 20th year of HPH/HPHTI work, it is declared not to be valid.

(2) IIUPH for the remainder of the unpaid time as referred to in paragraph (1), it is mandatory at least 30 (three) Twenty days since the receipt of the SPP-IIUPH.

(3) The application of SPP-IIUPH as referred to in paragraph (2) is completed within 4 (four) months since the Regulation is promulred.

(4) The violation of the provisions in verse (2), against the holders of the IUPH are imposed on sanctions The administrative and administrative decisions of HPH/HPH/HPHTI are already passed and the permit holder has been submitted. pay IIUPH for a certain period of time, but still have IIUPH debt owed to the recycling Next, the mandatory permit to pay off the debt IIUPH is referred to in the slowest time of 30 (thirty) days of work since the receipt of the SPP-IIUPH.

(2) The application of SPP-IIUPH as referred to in paragraph (1), completed within 4 (four) months since the Regulation is promulred.

(3) The violation of the provisions in paragraph (1), against the holders of the IUPH imposed sanctions Administrative rules for the Cloud Service can be used to support the Cloud Service. Minister for Forest Minister P. 32/Menhut-II/2007 jo. Regulations

Forestry Minister Number P. 15/Menhut-II/2009 on Tata Cara

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introduction, Biling, And Payment Of Forest-to-forest Expediency Efforts In The Production Forest, And

b. Other provisions that are contrary to this Regulation, are stated to be not applicable.

Article 12 of the Ordinance of the Minister of Forestry is in effect on the date of promulgations. In order for everyone to know, the Ordinance of the Minister of Forestry was promulsted by its placement in the News of the Republic of Indonesia.

Specified in Jakarta on 17 February 2010 MINISTER OF FORESTRY OF THE REPUBLIC OF INDONESIA, ZULKIFLI HASAN.

promulred in Jakarta on 23 February 2010 MINISTER OF LAW AND HAM REPUBLIC OF INDONESIA, PATRIALIST AKBAR

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Appendix 1: The Regulation of the Minister of Forestry of the Republic of Indonesia

Number:

About: The Cara's introduction, Biling, and IIUPH Billing Of The Production Forest.

----------------------------------------------------------------------------------------------------------------------------------

WARRANT PAYMENT DUES OF FOREST UTILIZATION EFFORT (SPP-IIUPH)

Number:

Date:

Based on:

1. The Republic of Indonesia Act No. 20 of 1997 on the Acceptance of State Not Tax;

2. Constitution of the Republic of Indonesia No. 41 of 1999 jo. Constitution of the Republic of Indonesia No. 19 of 2004 on Forestry;

3. The Government Of The Republic Of Indonesia Regulation Number 22 Year 1997 On The Type And Receipt Of The State Reception Was Not Taxes;

4. Regulations of the Government of the Republic of Indonesia No. 51 of 1998 on the Provision of Forest Resources;

5. Regulation of the Government of the Republic of Indonesia Number 59 of 1998 on Tariffs On The Type Of State Acceptance Is Not A Tax Applicable To The Department Of Forestry And Plantation, as has been several times amended, last with Government Regulation Number 92 Years 1999;

6. Government of the Republic of Indonesia No. 6 Tahun 2007 jo. Regulation of the Government of the Republic of Indonesia No. 3 Year 2008 on the Forest and Drafting Of Forest Management Plans, as well as Forest Expediency;

7. The Decision Of The Minister Of Forestry And Plunder Number 700 /Kpts-II/1999 On The Reassignment Of The magnitude Of The Forest Company's Rights (IHPH) For All Of Indonesia;

8. -Regulations Minister For Forestry Number P./Menhut-II/2009 on the Order of Introduction, Polling, And Payment Of Forest-benefit Expediency Efforts In The Production Forest.

9. The decision ... No. .. about the granting of the Expediency Efforts .........

Rule Director General Bina Forestry Production Number P. .../VI-Set/200 ....

ordered to: PT. We're going to take care of it, and we're going to have to do this for you. description as follows:

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1. Spacious Areal: ...... acres

2. Province: ...

3. District: ...

4. Duration of the utilization effort: ....... year

5. IIUPH fare per hectare: Rp 9 ...

6. The magnitude of the IIUPH:

(....... hectares x Rp = = Rp me.........)

Says:. Provision: a. Recipient's Account: Bank of Mendiri Jakarta Branch of the Upper Forest Center

name of Bendaharawan Recipient Sedeposits IIUPH account number 102-000-4203870 b. Payment deadline ... c. Copy/photocopy of the payment proof that the bank has been legalized for

delivered to: 1) Director of Forestry and Forest Results, 2) Head of the Bureau of Finance, General Secretariat of the Department of Forestry, 3) The Head of the Bureau of Law and Organization, Secredance General Department

Forestry, 4) The Head Of The Provincial Forestry Binas .......

d. In SSB-IIUPH to list the 15-digit reference, the Director-General. (PIP): NIP ... Minister Forestry (as a report); 2. Secretary General of the Forest Department; 3. Head of the Provincial Forest Service; 4. Head of the District Forest Service; 5. Pay is concerned. MINISTER OF FORESTRY OF THE REPUBLIC OF INDONESIA, ZULKIFLI HASAN

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Appendix 2: The Regulation of the Minister of Forestry of the Republic of Indonesia

Number:

About: The Order of the Introduction, Billed, and IIUPH Sealing Of The Production Forest.

----------------------------------------------------------------------------------------------------------------------------------

WARRANT PAYMENT DUES OF FOREST UTILIZATION EFFORT (SPP-IIUPH)

Number:

Date:

Based on:

1. The Republic of Indonesia Act No. 20 of 1997 on the Acceptance of State Not Tax;

2. Constitution of the Republic of Indonesia No. 41 of 1999 jo. Constitution of the Republic of Indonesia No. 19 of 2004 on Forestry;

3. The Government Of The Republic Of Indonesia Regulation Number 22 Year 1997 On The Type And Receipt Of The State Reception Was Not Taxes;

4. Regulations of the Government of the Republic of Indonesia No. 51 of 1998 on the Provision of Forest Resources;

7. The Decision Of The Minister Of Forestry And Plunder Number 700 /Kpts-II/1999 On The Reassignment Of The magnitude Of The Forest Company's Rights (IHPH) For All Of Indonesia;

8. -Regulations Minister For Forestry Number P./Menhut-II/2009 on the Order of Introduction, Polling, And Payment Of Forest-benefit Expediency Efforts In The Production Forest.

9. The decision ... Number: ... about the granting of the Expediency Efforts .........

10. Rules of Director General Bina Production Foresight Number P. .../VI-Set/200 ....

ordered to: PT. We're going to take care of it, and we're going to have to do this for you. description as follows:

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1. Spacious Areal: ...... acres

2. Province: ...

3. District: ...

4. Duration of the utilization effort: ....... year

5. IIUPH fare per hectare: Rp 9 ...

6. The magnitude of the IIUPH: (....... hectares x Rp 8 ... = Rp 8 .........) Said:. Provision: a. Recipient's Account: Bank of Mendiri Jakarta Branch of the Upper Forest Center

name of Bendaharawan Recipient Sedeposits IIUPH account number 102-000-4203870 b. Payment deadline ... c. Copy/photocopy of the payment proof that the bank has been legalized for

Forestry, 4) The Head Of The Provincial Forestry Binas .......

d. On the SSB-IIUPH to list the 15-digit reference, the "

Head of the Provincial Service". Busan: NIP. 1. Minister Forestry (as a report); 2. Secretary General of the Forest Department; 3. Governor. ... 4. Head of the District Forest Service; 5. Pay is concerned. MINISTER OF FORESTRY OF THE REPUBLIC OF INDONESIA, ZULKIFLI HASAN

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Appendix 3: Regulation of the Minister of Forestry of the Republic of Indonesia