Regional Regulation No. 5 Of 2010

Original Language Title: Peraturan Daerah Nomor 5 Tahun 2010

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bd983f00c0908c313634343538.html

The DRAFT of the REGULATION REGION of CENTRAL SULAWESI PROVINCE number: 05 in 2010 ABOUT the MANAGEMENT of MANGROVE ECOSYSTEMS by the GRACE of GOD ALMIGHTY the GOVERNOR of CENTRAL SULAWESI, Considering: a. that the mangrove ecosystem in Central Sulawesi has the function of ecological, economical and socially quite strategic in land use as well as the preservation of the environment in coastal areas, small islands, estuaries and mangrove berekosistem land for the improvement of the well-being of the community; b. that the existence of mangrove ecosystems in Central Sulawesi have already severely threatened the kelestraiannya impact on the large number of beaches terabrasi so requires development that is based on the preservation and protection of the mangrove ecosystem, sustainability, consistency, integrity, legal certainty, equity, community participation, openness, accountability, and justice; c. that the development activity in the Central Sulawesi terkonsetrasi on coastal mangrove ecosystem sustainability threatening; d. that based on considerations as referred to in letter a, letter b, letter c, and the need to establish local regulations about the management of Mangrove Ecosystems; Remember: 1. Article 18 paragraph (6) of the Constitution of the Republic of Indonesia in 1945; 2. Act No. 5 of 1960 concerning the basic regulation of the Agrarian issues (State Gazette of the Republic of Indonesia Number 104 in 1960, an additional Sheet of the Republic of Indonesia Number 2043); 3. Act No. 13 of 1964 concerning the determination of the replacement Government Regulations Act No. 2 of 1964 on the establishment of the area of level I Central Sulawesi and Southeast Sulawesi level I by changing the Act No. 47 Prp in 1960 about the formation of the regional level I North Sulawesi and South Sulawesi level I Regional-Southeast (State Gazette of the Republic of Indonesia number 7 1964) became law (Gazette of the Republic of Indonesia Number 94 in 1964 Additional Sheets, the Republic of Indonesia Number 2630);

2 4. Legislation – Act No. 5 of 1990 concerning conservation of natural resources, the ecosystem and Biodiversity (Gazette of the Republic of Indonesia Number 49 in 1990, an additional Sheet of the Republic of Indonesia Number 3419); 5. Law – Law Number 41 of 1999 on Forestry (State Gazette of the Republic of Indonesia Number 167 in 1999, an additional Sheet country number 3888) as has been with 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); 6. Law – Law number 7 of 2004 about water resources (State Gazette of the Republic of Indonesia Number 32 year 2004, additional sheets of the Republic of Indonesia Number 4377); 7. Law – Law Number 31 of 2004 concerning Fisheries (Gazette of the Republic of Indonesia Number 118 in 2004, an additional Sheet of the Republic of Indonesia Number 4197); 8. 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 last amended by law 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); 9. Act No. 26 of 2007 concerning Spatial (Gazette of the Republic of Indonesia Number 68 in 2007, an additional Sheet of the Republic of Indonesia Number 4725); 10. Act No. 27 of 2007 about management of Coastal Regions and small islands ((State Gazette of the Republic of Indonesia Number 84 in 2007, an additional Sheet of the Republic of Indonesia Number 5068); 11. Law – Law Number 32 year 2009 on the protection and management of Environment (State Gazette of the Republic of Indonesia Number 140 in 2009, an additional Sheet of the Republic of Indonesia Number 5059); 12. Government Regulation Number 68 in 1998 about the area of Asylum and the Nature Conservation (Gazette of the Republic of Indonesia Number 132 of 1998, an additional Sheet of the Republic of Indonesia Number 3776); 13. Government Regulation number 16 in 2004 of Penatagunaan land (State Gazette of the Republic of Indonesia Number 45 in 2004, an additional Sheet of the Republic of Indonesia Number 4385); 14. 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); 15. The Government of the Republic of Indonesia 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);

3 16. Government Regulation Number 76 in 2008 about Reclamation and Rehabilitation of the forest (State Gazette of the Republic of Indonesia Number 201 in 2008, an additional Sheet of the Republic of Indonesia Number 4947); 17. Applicable local central Sulawesi province no. 2 of 2004 concerning the plan of Spatial region of Central Sulawesi province (Central Sulawesi Provinces Sheet 2004 Number 4 series E no. 2); 18. Applicable local central Sulawesi province number 06 of 2007 about the management of the coastal areas and Small Islands Pulua (Central Sulawesi Provinces Sheet No. 3 of 2007); With the approval of the REGIONAL HOUSE of REPRESENTATIVES Shared CENTRAL SULAWESI PROVINCE and CENTRAL SULAWESI GOVERNOR DECIDED: setting: LOCAL REGULATIONS ABOUT the MANAGEMENT of MANGROVE ECOSYSTEMS. CHAPTER I GENERAL PROVISIONS article 1 In this Area Regulations is: 1. The area is an area of Central Sulawesi province. 2. Local Government is the Governor and the Region as organizer of the local government. 3. The Governor is the Governor of Central Sulawesi. 4. Space is a container that includes space land, sea, space and air spaces, including spaces in the Earth as a whole region, where humans and other sentient life, running errands, and maintaining his survival. 5. room Setup is a system of spatial planning process, use of space and controlling the utilization of space. 6. The area is the space that is geographical unity with all related elements and system limits are determined based on administrative aspects and/or functional aspects. 7. The region is a region which has the primary function of patronage or cultivation. 8. Forest ecosystem in the form of a Union is a stretch of land contains Bioresource dominated trees in the natural environment, the fellowship with each other can not be separated. 9. the forest area is designated a specific area and/or designated by the Government to maintain its existence as a forest remains. 10. Protected forest is a forest area that functions as the principal buffer system 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.


4 11. Forest conservation is a forest area with particular characteristics, the principal functions of preserving the diversity of plants and animals and their ecosystems. 12. the production Forest is a forest area that has the principal function of producing forest products. 13. the country's mangrove berekosistem forest area is the area which is included in the function of protected forest, forest conservation, and forest production. 14. Other berekosistem use of mangrove Area is a region of coastline that are not included in the forest area of the country. 15. Power support is the ability of mangrove resources to improve the lives of human beings and other living beings in the form of economic activity that is in harmony with the ecosystem of mangroves. 16. The coastline is the line formed by the intersection of the line of low water to the mainland coast that is used to define the outermost point on the coast mangrove berekosistem. 17. The ecosystem is the environmental elements which is thorough, and the unity of the whole interplay in shaping the balance of stability and productivity of the environment. 6. mangrove Ecosystems is a complex ecosystem because of the land ecosystem and related ecosystems offshore waters outside, which bring together land ecosystem with the ecosystem of the ocean. 19. The coastal area is the area between the influence of land ecosystems and ocean ecosystems. 20. Small Island is an island with an area of less than 2,000 km2 (two thousand square kilometers) along with the unity of their ecosystems. 21. The River estuary is the estuary of the area to the hinterland that are still influenced by the ocean waters (brackish) and is the natural habitat of mangrove. 22. Land berekoistem land is overgrown with mangrove vegetation in alluvial soils in the area of the Mainland. 23. Mangrove community is a typical tropical beach vegetation, grow and thrive on the ups and downs, especially in the lagoon, the mouth of the River, and the beaches are protected by mud or mud substrate. 24. mangrove forests are forests that grow on alluvial soils in coastal areas and around the mouth of the river that are affected by the tides and sea water is characterized by species of tree include Avicennia, Sonneratia, Rhizophora, Bruguiera, Lumnitsera, excoecaria and Xylocarpus, Nipa. 25. mangrove forest Habitat is where the growth of mangrove vegetation naturally with the following characteristics: a. the type of soil is sandy or muddy, berlempung, with ingredients that come from mud, sand or coral fragments; b. land sea flooded regularly, either daily or only inundated high tide when it is full. Puddle frequency determines the composition of the vegetation of mangrove forests; c. receiving a sufficient supply of fresh water from the land (rivers, springs) which serves to determine the salinity, increase the supply of nutrient elements and mud. The supply of fresh water is not always can be observed clearly; d. the water is brackish with salinity may 2 – 22 ppm or salted with salinity reaches 38 ppm. 26. Habitat is the environment where a plant or animal can live and evolve naturally.

5 27. Mangrove forest ecosystem is a natural preservation area in the coastal areas which have original ecosystems, managed by the zoning system is utilized for the purpose of research, science, education, support the cultivation, tourism, and recreation as well as protection. 28. The management of mangrove ecosystems is a concerted effort, determination, planning, preservation, and controlling the utilization of mangrove ecosystems so better support increased community and quality of life while maintaining the sustainability of mangrove ecosystems. 29. The border along the mainland coast is measuring proportionate to the shape and the physical condition of the beach at least 100 (one hundred) meters from the highest tidal point towards the ground. 30. Rehabilitation is an attempt to restore, maintain, and improve the function of mangrove ecosystems so that power support, productivity, and their role was still awake. 31. The reclamation is an attempt to fix or restore the damaged mangrove ecosystems to function optimally in accordance with the allocation. 32. The strategic plan is a plan that contains cross-cutting policy direction for the area development planning through goal setting, goal and target as well as the implementation of the strategy with the right indicators for local level plans. 33. Zoning Plan is a plan that determines the direction of resource usage of each unit is accompanied by the determination of the grating spaces in the zone that contains activities that can be done and should not be done as well as activities that can only be made after obtaining permission. 34. Management Plan is a plan that contains the arrangement of policy frameworks, procedures and responsibilities in order to pengkoordinasian the decision making among the various institutions/agencies regarding resource usage agreement or development activity in the zone. 35. The action plan is a plan that contains the setup time and budget are coordinated to carry out various activities required by the local government agencies-agencies in order to achieve the goal of resource management and development in the zone. 36. The zone is the space usage is mutually agreed between the various stakeholders and has established its legal status. 37. Zoning is a form of engineering use of space through the functional limits of the assignment in accordance with the potential power resources and support as well as ecological processes that take place as a single entity in the mangrove ecosystem. 38. Zone protection is part of the mangrove ecosystem that has the function of protection are set based on characteristics of physical, biological, social and economic to maintained its existence. 39. utilization Zone is part of the mangrove ecosystem of the allocation assigned to the various sectors of activity. 40. The village or called by another name hereinafter referred to as the village is the unity of Community law which has territorial boundaries are authorized to arrange and take care of the interests of the local community, based on the origin of the local customs are recognized and respected in the system of Government of the Republic of Indonesia Unity State.

6 41. Mangrove Ecosystems Manager organization is an agency or another term with formed to run the functions of coordination between different stakeholders in the management of mangrove ecosystems. 42. The stakeholders are the users of the mangrove ecosystem resources that have a direct kepetingan, includes elements of Government, local communities, farmers, fish and tourism entrepreneurs mangrove, mangrove, forest products entrepreneurs, entrepreneurs are fishing, and coastal communities. 43. The Centre of the mangrove information and data is provided by the provincial government as the service center data and information management of mangrove ecosystems. 44. Community empowerment is the attempt of granting facilities, encouragement or assistance to the community in order to be able to specify options in improving the utilization of the resource of mangrove ecosystems sustainably. 45. The local community is a person, group of people who inhabited the region of law incorporated the coast mangrove berekosistem. 46. Coastal communities is the social unity that resides in the coastal area, and most of its members are associated with the utilization of coastal resources. 47. A legal entity is a group of people and or capital which is the unity of both doing business and not doing business that includes limited liability company, the company komanditer, the company's other State-owned enterprises or areas with your name and any form, firm, peers, cooperatives, pension funds, Association, Assembly, Foundation, an organization that is a type of business form and other forms. 48. The role of the community is the variety of community activities, arising upon the will and initiative of the community, to interested and engaged in the Organization of spatial. 49. Public consultation is an activity performed to obtain input from stakeholders, NGOs, universities, as well as the local community about various things with regard to the management of mangrove ecosystems. 50. Examination is a series of activities to search for, collect, process data and other information for compliance or fulfillment of obligations and for other purposes in order to carry out laws-invitation. CHAPTER II OBJECTIVES and BENEFITS the first part of the goal of ecosystem management Objectives article 2 mangrove is the coastal areas, small islands, the mouth of estuaries and mangrove berekosistem mainland. The second part of article 3 Benefits Benefits management of Mangrove Ecosystems are: a. the national integrity of coastal, small islands, estuaries and mangrove; berekosistem land b. berdayagunanya mangrove ecosystem functions as a buffer to life, harmony of ecosystems and the mitigation of natural disasters in coastal areas, small islands of palau, estuaries and mangrove; berekosistem land and c. the increasing prosperity of the local community.


7 CHAPTER III SCOPE of article 4 (1) of the regulation area is the mangrove ecosystem management set encompasses all areas of coastal mangrove berekosistem, including small islands, estuaries and mangrove berekosistem mainland. (2) the mangrove Ecosystems referred to in subsection (1) does not include mangrove ecosystems found in the forested areas of the country. (3) the management of mangrove ecosystems referred to in subsection (1) include the following: a. the planning; b. utilization; c. protection; d. rehabilitation; e. reclamation; f. community empowerment; and g. supervision and control. (4) Mangrove Ecosystem management processes is done by integrating activities related to mangrove ecosystems between: a. Government and provincial governments and/or Government district/city; b. governance, private/business world and the community; c. Inland ecosystems and marine ecosystems; d. Science and management; and e. functions/sub function/program/activity. CHAPTER IV the General PLANNING of the first part of article 5 (1) Planning the management of Mangrove Ecosystems are arranged in a hierarchy that consists of: a. strategic plan; b. Zoning Plans; c. management plan; and d. action plan. (2) the procedures for the preparation of the mangrove ecosystem management planning as mentioned in subsection (1) is carried out in accordance with Laws-invitation. The second part of the Strategy Plan article 6 (1) local governments set the vision, mission, goals, objectives and strategies of mangrove ecosystem management planning. (2) strategic plan contains performance indicators to measure the level of success of the management of mangrove ecosystems. (3) the strategic plan prepared on a consistent basis, synergetic and integrated as well as a governing tool is management of mangrove ecosystems. Article 7 the term Plan strategy is a 20 (twenty) years and can be reviewed more than 5 (five) years.

8 article 8 (1) strategic plan referred to in article 6 to become local government guidelines for achieving the objectives of the management of mangrove ecosystems. (2) further Provisions regarding the strategic plan is set by regulation of the Governor refers to the Mangrove Ecosystem Management National Strategy (SNPEM). The third part of Zoning Plans article 9 (1) the plan zoning sets the direction of the use of the mangrove ecosystem resources based on the resource dukungnya. (2) Zoning Plan diserasikan, aligned and balanced with the Spatial Plan of the province (RTRWP). (3) the Zoning Plans are used to guide the utilization and prevent conflict resource utilization of mangrove ecosystems. Article 10 validity of Zoning Plan was 20 (twenty) years and can be reviewed more than 5 (five) years. Article 11 (1) Zoning Plan referred to in article 9 paragraph (1) is composed of zones of protection and utilization zones. (2) the provisions of the plan of further zoning is controlled by a Regulation the Governor based on the Spatial Plan of the province (RTRWP). The fourth part of article 12 management plan management plan referred to in article 5 paragraph (1) the letter c has the purpose of: a. set the policy settings, the utilization, protection, control and monitoring mangrove ecosystems; b. build cooperation between Governments, local authorities, businessmen and society; c. the basis agreed to conduct a review of systematically against the proposed development; and d. coordinating planning initiatives. Article 13 term management plan is 5 (five) years and can be reviewed most 2 (two) years. Article 14 (1) management plan was drawn up based on the strategic plan Document, the plan Zoning and aspirations of stakeholders. (2) further Provisions regarding the management plan is governed by regulation Gubenur. The fifth action plan part of article 15 (1) the action plan referred to in article 5 paragraph (1) letter d contains a schedule of activities and budgeting. (2) the expiration of a plan of action is 1 (one) up to 2 (two) years.

the sixth Part 9 Data and information article 16 (1) local governments manage data and information on the coastal areas, small islands, estuaries and mangrove land that berekosistem. (2) data and information Updates are performed by local governments periodically and documented and published officially as public documents in accordance with the legislation. (3) every person can benefit from the data and information referred to in subsection (1), having regard to the interests of local governments. (4) any person who utilizes the resources of mangrove ecosystems referred to in subsection (2) must deliver the data and information to local governments and/or organizations who manages at least sixty (60) working days since the commencement of utilization. (5) the changes to the data and information referred to in subsection (1) may only be done with permission from the local authorities and/or organization Manager. Chapter V UTILIZATION of part one General article 17 (1) utilization of the resource of mangrove ecosystems include: a. for the purpose of business activities; and b. activities rather than for the business. (2) activities of utilization as referred to in paragraph (1) in the form of utilization of the resource of mangrove ecosystems. The second part of the resource utilization of Mangrove Ecosystems Article 18 (1) utilization of the resource of mangrove ecosystems for the purpose of the venture as referred to in article 5 paragraph (1) required to have a permit. (2) the utilization of the resource of mangrove ecosystems is not a business for the purposes referred to in article 17 paragraph (1) letter b mandatory registered. (3) every person who contravenes the provisions of article 18 paragraph (1) of the administrative penalties in the form of: a. a warning; b. administrative fines; or c. the suspension. Article 19 mangrove ecosystem Resource Utilization as referred to in article 18 paragraph (1) includes the utilization of land for aquaculture ventures (embankment), forestry, tourism, transportation and mining. Article 20 the utilization of mangrove ecosystem resources as stipulated in article 18 paragraph (2) covers the utilization for the purposes of fulfillment of the minimum needs of a family traditionally, research and development, education and training.

10 Article 21 utilization of mangrove ecosystem resources as stipulated in article 18 paragraph (1) can only be done on the utilization zone. Article 22 the resource utilization of mangrove ecosystems for fisheries (embankment) referred to in article 19 are conducted in the following way: a. the construction of new embankment using intercropping system of ponds-mangrove (silvofihseries) as technology advances the utilization of mangrove ecosystems are multiple; b. the planning and construction of new embankment which do not implement the system of intercropping embankment-mangrove (silvofihseries) allocates an area for the benefit of the Green Line Regulation Perudang appropriate mangrove-invitation; c. building the embankment which is included in the zone of mangrove ecosystems in accordance RTRWP utilization is permissible continue his efforts with the provisions establishing the Green Line Regulation Perudang appropriate mangrove-invitation; d. building the embankment which is included in the mangrove ecosystem protection zones accordance RTRWP prohibited continued his efforts, and the area is returned to its original function. Article 23 (1) utilization of the resource of mangrove ecosystems in the form of forest products as referred to in article 19 include business: a. wood; and b. the forest instead of wood. (2) wood Venture as referred to in paragraph (1) letter a is restricted to the forests of mangrove plants for the purpose of production. (3) forest Businesses instead of wood as referred to in paragraph (1) letter b can be derived from forest plants and/or natural forests. Article 24 the resource utilization of mangrove ecosystems to tourism undertakings referred to in article 19 are conducted through the utilization of mangrove environment services with the following conditions: a. prohibited establishing permanent and semi permanent buildings on locations of mangrove; b. utilization of mangrove ecosystems are traditionally without destroying the mangrove ecosystem that exists; c. maintain, safeguard and secure habitat and mangrove vegetation is included in its business area. Article 25 (1) utilization of the resource of mangrove ecosystems for the means of transport referred to in article 19 are conducted with the following conditions: a. the construction dock on mangrove land surrounding area allowed mangrove location nobody qualifies technically appropriate Laws-an invitation; b. the construction of road networks (cross street) in mangrove land is limited to the area of right of way (DMJ) according the status of roads will be built; and c. the opening of mangrove vegetation for development of marine transportation, the width is adjusted to the type of sea transport that would pass through. (2) the utilization of the resource of mangrove ecosystems for the means of transport referred to in paragraph (1) mandatory strategic environmental study.


11 Article 26 (1) utilization of the resource of mangrove ecosystems for mining undertakings referred to in article 19 are conducted in accordance with the provisions of the closed Mining Regulations Perundangan-undangan. (2) the utilization of the resource of mangrove ecosystems for mining ventures as referred to in paragraph 1 of the obligatory study of the strategic environment. Article 27 In the utilization of the resource of mangrove ecosystems for the purpose of the venture as referred to in article 23, 24, 25 and 26 do attempt identification, inventory, environmental studies, monitoring and control effectively. Article 28 (1) any person who contravenes the provisions of article 24 and Article 25 a, paragraph (2) and article 26 paragraph (2) imposed an administrative sanction in the form of: a. a warning; b. administrative fines; c. suspension; or d. the revocation. (2) further Provisions regarding the procedures for the imposition of administrative penalties and procedures as stipulated in article 18 paragraph (3) and article 28 paragraph (1) are governed by regulation of the Governor. CHAPTER VI PROTECTION of Common first part of article 29 (1) of the protection of mangrove ecosystems was held with a view to: a. prevent damage of mangrove forests; b. maintain the existence of mangrove; c. limit the utilization of mangrove ecosystems for the purpose of business; d. protecting the mangrove flora and fauna from extinction; e. protecting the beach from abrasion, intrusion, fierce waves and other natural disasters; maintaining the sustainability of mangrove ecosystems. (2) the protection of mangrove ecosystems conducted against damage caused by human action, fire, natural resources-power, livestock and pests and other diseases. The second part of the implementation of the protection of article 30 in order to achieve the objectives of protection as stipulated in article 29 which is caused by human action then the Government and/or regional Governments as well as the public: a. do dissemination and outreach; b. do an inventory of the problems of the biophysical, social and economic aspects, and culture (biososekbud); c. enhancing the role of the community in the mangrove ecosystem protection activities; d. cooperation with the holders of the rights or permissions;

12 e. increase the effectiveness of coordination activities of the mangrove ecosystem protection; f. facilitating the formation of institutional community group of mangroves; g. increase the effectiveness of reporting the occurrence of interference of mangrove ecosystems; Article 31 in order to achieve the objectives of protection as stipulated in article 29 which is caused by fire, natural resources-power, livestock and pests and other diseases then the Government and/or regional Governments and society do: a. Prevention and fire control; b. Prohibition of livestock grazing in the wild; c. pest and plant disease; d. monitoring of the biogeofisik environment that could potentially give rise to natural disasters; e. mapping a location prone to disaster; f. creation of civil building technical. Article 32 the provisions more about planning and execution of the mangrove ecosystem protection is regulated by regulation of the Governor. CHAPTER VII General REHABILITATION of the first part of article 33 (1) Rehabilitation is intended to restore, maintain, and improve the function of mangrove ecosystems so that power support, productivity and its role in supporting the system buffer life stay awake. (2) rehabilitation of mangrove ecosystems carried out through activities: a. greening, b. c. maintenance, enrichment plants, or d. the application of conservation technique in civilian technical, on the critical land and unproductive, as well as disaster-prone. (3) a government authority be Rehabilitation and/or local governments. The second part of the implementation of the rehabilitation of article 34 (1) mangrove ecosystem rehabilitation Activities referred to in Article 33 paragraph (2) was held on the utilization and protection zone zone based on specific conditions biogeofisik. (2) the Organization of rehabilitation of mangrove ecosystem preferred implementation through a participatory approach in order to develop the potential and empower communities. Article 35 further Provisions regarding the planning and implementation of rehabilitation of mangrove ecosystems are governed by regulation of the Governor.

13. CHAPTER VIII first part of RECLAMATION Public Article 36 (1) mangrove habitat Reclamation are intended to improve or regain land and mangrove vegetation damaged to function optimally in accordance with the allocation. (2) the reclamation Activities as referred to in subsection (1) include the following: a. an inventory location; b. the determination of the location; c. planning; and d. implementation of reclamation. (3) a government authority be Reclamation and/or local governments. The second part of article 37 Reclamation Reclamation Implementation habitat of mangrove as stipulated in article 36 paragraph (1), implemented by the terms: a. maintaining a balance between the interests of the preservation of the environment and the significance of utilization of mangroves; b. maintain the sustainability of life and livelihoods of local people. Article 38 further Provisions regarding the planning and execution of the mangrove ecosystem is reclamation is regulated by regulation of the Governor. CHAPTER IX COMMUNITY EMPOWERMENT part one Rights Article 39 (1) mangrove ecosystem Management are prohibited from reducing and/or eliminate the traditional rights of local communities including indigenous rights. (2) the traditional rights of local communities as referred to in subsection (1) include the following: a. the right to settle in the area of mangrove ecosystems that have been assigned in accordance with the Regulations; b. the right to management of mangrove ecosystems. (3) the rights of traditional communities and indigenous rights of the local community as referred to in paragraph (1) may be confirmed through the regulation of the village based on legislation. Article 40 in the management of mangrove ecosystems, local communities have the right to: a. the benefit over the management of mangrove ecosystems; b. obtain information with regard to the management of mangrove ecosystems; c. stating objections to the mangrove ecosystem management plan; and d. filed a lawsuit to the Court for losses suffered as a result of the management of mangrove ecosystems.

2 the second part of article 41 of the community Obligations in the management of mangrove ecosystems, the local community is obliged to: a. provide information with regard to the management of mangrove ecosystems; b. protect, supervise and maintain the sustainability of mangrove ecosystems; c. provide reports the occurrence of damage or pollution of the environment of mangrove ecosystems; and d. monitor and oversee the implementation of the mangrove ecosystem management plan. The third part of the construction of the community Article 42 (1) of the construction community in the mangrove ecosystem management oriented on empowering and improving the welfare of the local community; (2) the construction of the local community as referred to in subsection (1) done by giving rights: a. to involve local communities in planning the management of mangrove ecosystems; and b. involving local communities in decision-making related to the mangrove ecosystem management policies. (3) the provider of the mangrove ecosystem is obligated to make improvements to the welfare of the local community as referred to in paragraph (1) in the form of: a. utilize the workforce that has the skills required; b. improving skills through education, training and/or internship; c. establish a partnership with the local community; d. making the local village as the village built. Part four Article 43 College Role colleges can participate in the management of mangrove ecosystems in order to: a. provide scientific support in the form of an opinion, the results of research and technological development; b. assist the development of the system and mechanism of management of mangrove ecosystems; c. organizing education and training as well as research and development of human resources; and/or d. process data and information about the mangrove ecosystem and deployment mechanisms. The fifth part of the role of non-governmental organization Article 44 non-governmental organizations may participate in the management of mangrove ecosystems in order to: a. deliver suggestions and opinions in policy formulation; b. improving the ability and responsibility of society; c. menumbuhkembangkan community participation in the supervision and control of the implementation of the management; and/or d. disseminate information regarding the implementation of the management.


15. CHAPTER X MONITORING and CONTROL of article 45 (1) to ensure the management of mangrove ecosystems in this integrated and sustainable basis, supervision and/or control of the implementation of the management of mangrove ecosystems. (2) Supervision and/or control as referred to in subsection (1) done by certain civil servant officials who handle the mangrove ecosystem according the nature of the work. (3) officials of certain civil servants referred to in subsection (2) is authorized: a. hold a patrol/patrolling coastal mangrove areas or berekosistem law; b. received reports concerning the destruction of the mangrove ecosystem. (4) in the framework of the implementation of supervision and control of the management of mangrove ecosystems referred to in subsection (1), the local government monitoring, field observations, and/or evaluation of planning and implementation management. Article 46 (3) of the public can join in the supervision and control of the management of mangrove ecosystems. (4) Supervision and control of the management of mangrove ecosystems by the communities as referred to in subsection (1) done in a co-ordinated by the organization manager of mangrove ecosystems along with relevant agencies in accordance with those powers. Article 47 the supervision by the public is done through the submission of reports and/or complaints to the appropriate authorities. Article 48 further Provisions regarding the supervision and control of the management of mangrove ecosystems by society as stipulated in article 46 and article 47 set by regulation of the Governor. CHAPTER XI the ORGANIZATION first section MANAGER position and basic tasks of article 49 (1) the organization is the Manager of the institution based at the bottom and is responsible to the Governor. (2) the Organization Manager referred to in subsection (1) has the principal task of planning, utilization, protection, rehabilitation, reclamation, supervision and control of the management of mangrove ecosystems. The second part of article 50 Manager Organization Function Organization mangrove ecosystem Manager functions: a. carry out and coordinate the management of mangrove ecosystems;

16 b. facilitate the peranserta of the community in the formulation of policy; c. drafting planning documents that are transparent. d. disseminate information about government policy and local government; e. facilitate and oversee the process of issuance of the permit; f. facilitate the resolution of disputes in the utilization of mangrove ecosystems; g. prepare and manipulate data and information center of mangrove ecosystems; h. perform assessment against environmental conditions related to the plan of utilization of mangrove ecosystems; i. perform monitoring and evaluation of the impact of the utilization of mangrove ecosystems; j. carrying out socialization law and legislation to the stakeholders. The third part of article 51 Manager Organization further Provisions regarding the order and layout of work organization mangrove ecosystem Manager is set by regulation of the Governor. CHAPTER XII FINANCING Article 52 of financing management of mangrove ecosystems can be sourced from the budget income and Expenditure the provincial Areas and/or other sources. CHAPTER XIII PROHIBITION of article 53 any person is prohibited: a. do mangrove ecosystem conversion on the utilization of zones does not account for the sustainability of the ecological functions; b. cut down trees in protected areas or mangrove protection zone; c. undertake activities that can lead to forest fires; d. undertake activities that can pollute sea water or mangrove habitats; e. conduct of protected wildlife poaching; f. capture fish or other aquatic beings using strum Tuesday, chemical substances, poisons and explosives; g. using the way or methods that damage the mangrove ecosystem that does not comply with the characteristics of the biogeofisik; h. perform utilization which is not based on a staregis plan and management plan. CHAPTER XIV the DISPUTE RESOLUTION Article 54 (1) mangrove ecosystem utilization of dispute resolution in the first stage attempted based on the principles of deliberation for consensus.

17 (2) in the event of dispute resolution through deliberation and consensus as intended in paragraph (1) is not reached, the parties can reach a settlement through arbitration efforts or the courts. CHAPTER XV the PROVISION of INVESTIGATION Article 55 (1) of the particular civil servant Officials in the local government environment within the scope of the duties and responsibilities for the management of mangrove ecosystems may be authorized as a Special Investigator, referred to in law No. 8 of 1981 on the law of criminal procedure. (2) the authority of the investigator as referred to in subsection (1) is: a. receive, search for, collect, and researching information or reports with regard to criminal acts in the field of the management of mangrove ecosystems in order to make the report or information to be complete and clear; b. researching, finding and collecting personal information about the person or entity about the truth of the acts committed in connection with a criminal offence in the management of mangrove ecosystems; c. requesting information and evidence from a private person or entity relating to the management of mangrove ecosystems; d. examine the books, records and other documents relating to the management of mangrove ecosystems not criminal; e. conducting the search to obtain evidence bookkeeping, record keeping, and other documents as well as do foreclosures against evidence; f. enlisted the help of experts in the framework of the implementation of the tasks of investigation criminal acts in the field of the management of mangrove ecosystems; g. sent stop and/or prohibit someone leave the room or place at the time of the ongoing examination and checking the identity of the person and/or documents as stated on the letter e; h. photographing someone related to the mangrove ecosystem management of criminal acts; i. call the people to hear his statement and in check as suspects and witnesses; j. stop the investigation; k. perform other actions that are necessary for the smooth running of the crime investigation in the field of the management of mangrove ecosystems and by law that can be accounted for. (3) the investigator as referred to in paragraph (1) notify the commencement of investigation and convey the results of penyidikannya to the public prosecutor in accordance with the provisions set forth in Act No. 8 of 1981 on the law of criminal procedure. CHAPTER XVI of the CRIMINAL PROVISIONS of article 56 (1) every person without the right do the utilization of mangrove ecosystems referred to in article 17 paragraph (1) letter a are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp 50,000,000.0-(fifty million rupiah). (2) any person violating the provisions of article 24 letter a and article 39 paragraph (1) are convicted by criminal confinement of not longer than three (3) months or a maximum fine of Rp 30,000,000 (thirty million dollars). (3) a criminal offence referred to in subsection (1) is an offence.

18 Article 57 (1) every person who contravenes the provisions as referred to in article 53 are convicted with a criminal as stipulated in article 73 of the Act Number 27 in 2007 about the management of the coastal areas and small islands. (2) a criminal offence referred to in subsection (1) is a crime. CHAPTER XVII the CLOSING PROVISIONS Article 58 Rules at the time this area comes into force, all the regulations equal or below which govern the mangrove ecosystem remains valid all not contrary to Rule this region. Article 59 at least 2 (two) years since the enactment of the regulations in this Area, regulations of the Governor as the rules of implementation of these local regulations have been set. Article 60 of the regulation of this area comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of regulations in this Area with its placement in the piece area of Central Sulawesi province. Set in the hammer on December 22, 2010 GOVERNOR of CENTRAL SULAWESI, ttd b. PALIUDJU Enacted in Palu on December 22, 2010, SECRETARY RAIS LAMANGKONA SHEET AREAS of CENTRAL SULAWESI PROVINCE number: 18 2010


19 EXPLANATION of REGULATORY REGION of CENTRAL SULAWESI PROVINCE number: MANGROVE ECOSYSTEM MANAGEMENT of i. General 1. Trees of mangrove Ecosystems is the Mind coastal ecosystems bring together land ecosystems and ocean ecosystems. These ecosystems have functions and strategic role in the framework of the protection and utilization of resources in the coastal area. Utilization of mangrove ecosystems today has given no small contribution to the countries as earner of foreign exchange fishery, especially land use mangroves for the farming of fish, shrimp and crabs. Other mangrove ecosystem is the utilization of opening of the mangrove land for industrial, docks, agriculture, residential, and public facilities. The other side of the utilization of mangrove ecosystems is the utilization of mangrove wood for boat building materials, industrial raw materials, pulp and paper, as well as firewood. Behind the contribution of foreign exchange for the sub sectors of the fishery (embankment) and the opening of land and mangrove wood utilization that exceeds its support, not a few mangrove ecosystems have been damaged and became critical. Various efforts have been undertaken to the Central Government and local governments Central Sulawesi province to maintain the existence of mangrove ecosystems such as mangrove ecosystem restoration of damaged/critical rehabilitation activities, through the designation of protected areas of mangrove, coastal green line assignment, but these efforts are not able to keep up the level of damage the mangroves as well as discontinuing the activity of mangrove ecosystems be reshuffle the allocation else. The rate of such damages do not include mangrove ecosystem damage caused by the activity of power-the power of nature. The biggest contributor to the estimated damage of mangrove ecosystems in Indonesia generally and in areas of Central Sulawesi province in particular among others; caused by the magnitude of the conflict area in coastal, tumpangtindih land use, lack of coordination between sectors/sub sectors concerned against the eksosistem coast, environmental law enforcement is weak, and not specifically the allocation of space to the conservation of mangroves in the coastal area. Learn from bitter experience endured in recent years, so have to have the existence of management and sustainable utilization of mangrove ecosystems. Management and sustainable utilization of mangrove ecosystems can be realized through understanding the functions and benefits of mangrove ecosystems in full and deep. Therefore, reversed the economic benefits of mangrove ecosystems as outlined above, there is actually a function of the geophysical, biological/ecological and socio-cultural importance for the preservation of coastal ecosystems to support sustainable development in the coastal area as follows: a. geophysical Functionality with the following benefits: (1) security of abrasion; (2) acceleration of the expansion of the land (lands occurred caused by sedimentation); (3) the control of sea-water intrusion; (4) the protection of the mangrove area behind from crashing waves and wind as well as breakwater ' tsunami '; (5) processing of organic wastes.

20 b. biological/ecological Function with the following benefits: (1) the place of spawning, the search for food, and breed various species of fish, shrimp, shellfish and other marine biota; (2) the nesting place of many types of wildlife (particularly birds); (3) source of germplasm. c. the socio-cultural Functions with the following benefits: making salt, dye trawl, drugs and cosmetics, forage, and Food flavorings. The third main function of mangrove ecosystems in an integrated managed and utilized in a double will provide economic value are not small for development in the coastal area as well as the improvement of the welfare of the community. The pattern of utilization of mangrove ecosystems are integrated to obtain good results while maintaining the sustainability of mangrove in particular in the field of fisheries is by way of the application of the system of the silvofisheries (pond-mangrove). Another result of the utilization of mangroves without having to change its function is by way of a mangrove environment services pemanfatan for the tourism industry, research activities and the development of science, as well as the utilization of the results of the mangrove wood not like fruit, leaves and SAP. 2. The management of mangrove ecosystems are directed to: a. a rescue of the coastal area of environmental damage; b. empowerment of coastal communities; c. sustainability efforts of fisheries (embankment) through the application of the system of silvofisheries to obtain the benefits of mangrove ecosystems doubles; d. increase the benefits of mangrove ecosystems environmental services; e. legal structuring and legislation management of mangrove ecosystems; and f. the existence of mangrove ecosystem sustainability. II. For the SAKE of ARTICLE ARTICLE article 1 is pretty clear. Article 2 is quite clear. Article 3 is quite clear. Article 4 is quite clear. Article 5 is quite clear. Article 6 is quite clear. Article 7 is quite clear. Article 8 is quite clear. Article 9: paragraph (1) is quite clear. Paragraph (2) the definition "plan zoning diserasikan, aligned and balanced with the Spatial Plan of the province (RTRWP)" is the allocation of space utilization in the coastal areas, small islands, estuaries and mangrove in the berekosistem land designation and its tailored to RTRWP. Paragraph (3) is quite clear.

21 Article 10 is quite clear. Article 11 paragraph (1) the definition of "zone of protection" is a mangrove ecosystem allocation reserved for habitat protection, protection of nufah plasma, and protection of the coastal area of natural disasters, and the green line. The definition of "zone of utilization" is devoted to ecosystems aquaculture activities, agriculture, forestry, tourism, and transportation. Subsection (2) is quite clear. Article 12 letter a is quite clear. The letter b is quite clear. The letter c is quite clear. Letter d letter intended to planning every sector/sub sectors in the coastal areas, small islands, estuaries and mangrove berekosistem mainland integrated in Unity plan. Chapter 13 is quite clear. Article 14 is quite clear. Article 15 is quite clear. Article 16 is quite clear. Article 17 is clear enough. Article 18 is quite clear. Article 19 is quite clear. Article 20 is quite clear. Clause 21 is quite clear. Article 22 Article 23 is quite clear paragraph (1) is quite clear. Subsection (2) is quite clear. Paragraph (3) the definition of "non timber forest products can be derived from forest plants and/or natural forest" is like the fruits, seeds, leaves, and SAP. Article 24 is quite clear. Article 25 is quite clear 22 Article 26 subsection (1) is quite clear. Paragraph (2) the definition of "strategic environmental review" is the study of the environment that are comprehensive with regards to the aspect that gives a very big impact and cost. Article 27 is "identification" is the introduction of natural mangrove ecosystem conditions are factual. The definition of "inventory" is the summation, sorting, and classification of mangrove resources. The definition of "environmental studies" is a study which covers the activities of the analysis of the environmental impact (AMDAL), environmental management (UPL), and Environmental Monitoring Effort (UKL). Article 28 is quite clear. Article 29 paragraph (1) is quite clear. Paragraph (2) the definition of "power-the power of nature" are like earthquakes, floods, hurricanes, volcanic eruptions, and drought. The definition of "livestock" is the kind of potentially damaging mangrove vegetation of livestock such as goats, cows, and others. The definition of "pest" is a pest in addition to livestock such as insect destroyer leaves, stems and roots of mangrove plants. The other diseases are diseases that cause different types of broken or demise of mangrove plants. Article 30 article 31 clearly Quite clear enough Article 32 Article 33 Paragraph is quite clear (1) is quite clear. Paragraph (2) letter a is the "greening" of mangrove plants in cultivation are critical land and not productive outside the forest area. The letter b is a "maintenance" is maintenance of plant cultivation or natural mangrove vegetation in order to increase productivity growth. The letter c is the "enrichment plant" is a mangrove planting activity on the ecosystem is damaged or bervegetasi with how the addition of plants between the mangrove vegetation that exists with the appropriate type of biophysical land conditions. The letter d is "the application of the technique of conservation in civilian technical, on the critical land and unproductive, as well as disaster-prone" was the creation of the building breaking waves, or other technical civil buildings which can support the growth of the plants as well as protect the mangroves from damage.

23 Article 34 is quite clear. Article 35 is quite clear. Article 36 is quite clear. Article 37 is clear enough. Article 38 is quite clear. Article 39 is quite clear. Article 40 is quite clear. Article 41 is quite clear. Article 42 is quite clear. Article 43 is quite clear. Article 44 is quite clear. Article 45 is quite clear. Article 46 is pretty clear. Article 47 is quite clear. Article 48 is quite clear. Article 49 article 50 quite obviously is quite clear. Article 51 is clear enough. Article 52 is quite clear. Article 53 is quite clear. Article 54 is quite clear. Article 55 is quite clear. Article 56 is quite clear. Article 57 is quite clear. Article 58 is quite clear. Article 59 is quite clear. Article 60 sufficiently clear.