Advanced Search

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 for only USD$40 per month.
is an area that is included in the function of protected forests, conservation forests, and production forests.

14. Other Use Areas of the mangrove system are coastal areas that are not included within the State forest area.

15. Supporting power is the mangrove resource ' s ability to improve human life and other living beings in the form of economic activity that are serted by the mangrove ecosystem.

16. The shoreline is a line formed by a low-water line percuperation with the coastal landmass used to set the outermost point on the mangrove recosystem.

17. An ecosystem is an element of the environment that is a fully intact entity, and affects each other in shaping the stability of the environment and productivity of the environment.

18. Mangrove ecosystems are an elaborate ecosystem due to the terrestrial ecosystem and offshore aquatic ecosystems, which brings together the land ecosystem with the ocean ecosystem.

19. The Coastal Region is a meeting area between the influence of land ecosystems and marine ecosystems.

20. The small island is an island with an area of less than 2,000 km2 (two thousand square kilometers) and an ecosystem of ecosystems.

21. The mouth of the river is an estuary area to the interior that is still affected by seawater (payau) and is a mangrove natural habitat.

22. The mainland of the mangrove mangrove is the land of the alluvial soil of the alluvial soil of the mainland.

23. Mangrove is a typical tropical coastal vegetation community, grown and thrives on tidal areas, especially in lagoons, riverestuaries, and sheltered beaches with mud substrates or sandy mud.

24. Mangrove forests are forests that grow on the alluvial soil of the coastal areas and around the mouth of the rivers that are affected by tidal tides of seawater and are characterized by other types of trees Avicennia, Sonneratia, Rhizophora, Bruguiera, Lumnitsera excoecaria, Xylocarpus, and Nipa.

25. The mangrove forest habitat is where the mangrove vegetation grows naturally with the following features: a. the soil type is muddy, clay or sandy, with ingredients that

come from mud, sand or coral shards; b. The land is periodically seawater, either every day or just

purest on the full moon. The puddle fission determines the composition of the mangrove forest vegetation;

c. receives sufficient supply of fresh water from land (river, springs) which serves to determine the salinity, adding to the supply of the elements of the hara and mud. The supply of fresh water is not always observable with clarity;

d. The water may be brackish with salinity 2-22 ppm or salty with salinity of 38 ppm.

26. Habitat is the environment where plants or animals can live and develop naturally.

5

27. The mangrove forest ecosystem is a natural conservation area in coastal areas that have native ecosystems, managed by zoning systems utilized for research purposes, science, education, cultivation, tourism, and recreation. and protection.

28. The management of the mangrove ecosystem is a concerted effort, establishing, planning, preservation, and control of the mangrove ecosystem, in order to support community improvement efforts and the quality of life by keeping the ecosystem alive. The mangrove.

29. The coastal border is a land along the edge that is wide proportional to the shape and physical condition of the beach at least 100 (a hundred) meters from the highest point of the tide to the ground.

30. Rehabilitation is an attempt to restore, maintain, and improve the function of the mangrove ecosystem so that its support, productivity, and perforations remain awake.

31. Reclamation is an attempt to repair or recover the damaged mangrove ecosystem in order to function optimally according to its designation.

32. A strategic plan is a plan that includes a cross-sectoral policy direction for the development planning area through establishing objectives, goals and strategies and target execution with appropriate indicators for regional-level plans.

33. A zoning plan is a plan that determines the direction of the use of the resources of each unit with the designation of a grid of space within a zone that contains activities that can be done and should not be performed and activities that only can be done. It was done after obtaining permission.

34. A management plan is a plan that contains a policy framework, procedures and responsibilities in order to coordinate decision making between various agencies/agencies on the terms of the use of resources or activities development within the zone.

35. An action plan is a plan that contains a coordinated and budgeted setting of time and budget to carry out various activities required by the agencies-the local government agencies to achieve the goals of resource management and development within the zone.

36. A zone is a space that is used in conjunction with a variety of stakeholders and has been established as a legal status.

37. Zoning is an engineering form of space utilization through the designation of boundary-functional limits according to the potential for resources and support and ecological processes that take place as a single unit within the mangrove ecosystem.

38. A protected zone is a part of the mangrove ecosystem area that has a protection function established based on physical, biological, social and economic characteristics to be maintained.

39. The utilization zone is a part of the mangrove ecosystem area which is designated for various sectors of activity.

40. A village or village called a village is a unit of legal society that has the boundaries of the region which is authorized to organize and take care of the interests of the local people, based on the origins of local customs. It is recognized and respected in the system of government of the Republic of Indonesia.

6

41. The Mangrove Ecosystem Management Organization is an agency or other designable to exercise coordination functions between various stakeholders in the management of the mangrove ecosystem.

42. Stakeholders are the resource resource ecosystem of mangrove ecosystems, including government elements, local communities, fish and mangroves, mangrove tourism entrepreneurs, forest products, entrepreneurs, and mangrove entrepreneurs. fishing, and coastal communities.

43. The data center and the mangrove information are the means provided by the Provincial Government as a data service center and the management information of the mangrove ecosystem.

44. Community empowerment is an effort to grant facilities, encouragement or help to the public to be able to determine the option in improving the utilization of sustainable mangrove ecosystems.

45. The local community is a person, a group of peopl the natural communion of the environment, the one with the other inseparable.

9. A forest area is a designated area designated and/or designated by the government to maintain its existence as a fixed forest.

10. A 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.

4

11. 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.

12. The forest of production is a forest area that has a central function of producing forest products.

13. The state forest area of the mangrove recosysteme who have a legal entity inhabiting coastal areas of the mangrove recosystem.

46. The coastal community is a social entity that resides in the coastal region, and part of its members are related to the utilization of coastal resources.

47. A legal entity is a group of people and or capital that is a unit of either undertaking or not doing business that includes limited liability, a commander-in-law, another company, a state owned or regional entity. name and any form, firm, conglomerate, cooperative, pension fund, fellowship, society, foundation, organization of a kind of fixed effort and other body shape.

48. The role as well as society is a variety of community activities, which arise over the will and initiative of the community, to be interested in and to move in the holding of space arrangements.

49. Public consultation is an activity that is undertaken to obtain input from stakeholders, community-level institutions, colleges, and the local community on a variety of matters regarding the management of the mangrove ecosystem.

50. An examination is a set of activities to search, collect, process data and or other captions for compliance fulfillment compliance and for other purposes in order to execute an invite-invite rule.

BAB II

Target and First Part Benefits

Target Section 2

The management target of the mangrove ecosystem is the coastal region, small islands, river estuaries and the mainland of the mangrove recosystem.

Second Quarter Benefits Article 3

The management benefits of the Mangrove Ecosystem are: a. The shape of the coastal region, the small islands, the mouth of the river and the land

recosystems mangrove; b. The functioning of the mangrove ecosystem as a buffer of life,

the uniformity of the ecosystem and the mitigation of marine natural disasters in coastal areas, low-lying islands, river estuaries and the inland mangrove recosystem; and

c. Local welfare.

7

BAB III

SCOPE

Section 4 (1) This area regulations regulate the management of the mangrove ecosystem that includes

the entire coastal region of the mangrove recosystem, including the islands small, estuarine rivers and land recosystems mangrove.

(2) The mangrove ecosystem as referred to in verse (1) does not include mangrove ecosystems in the country forest area.

(3) the management of the mangrove ecosystem as referred to in paragraph (1) includes: a. planning; b. utilization; c. protection; d. rehabilitation; e. Reclamation; f. Community empowerment; and g. supervision and control.

(4) The Mangrove Ecosystem Management Process is carried out by integrating activities related to the mangrove ecosystem between: a. the government and the provincial government and/or the county/township government; b. government, the swasta/world of enterprise and society; c. continental ecosystems and marine ecosystems; d. science and management; and e. Enable/sub-function/program/activities.

CHAPTER IV PLANNING First Section

General Section 5

(1) Mangrove Ecosystem Management Planning is composed of hierarchically consisting of: a. Strategy Plan; b. The Zonasi Plan; c. Management Plan; and d. Action Plan.

(2) Tata's way of drafting the mangrove ecosystem management plan as referred to in paragraph (1) is implemented in accordance with the Rules of Invitation.

Second Section

Strategy Plan

Article 6 (1) The Regional Government sets out its vision, mission, objectives, objectives and planning strategies

management of the mangrove ecosystem. (2) The strategy plan contains performance indicators to measure the success rate

the management of the mangrove ecosystem. (3) The strategy plan is structured in a consistent, synergistic and unified strategy and is

a mangrove ecosystem management tool.

Article 7 The effective date of the strategy plan is 20 (twenty) years and can be reviewed Five (five) years at most.

8

Article 8 (1) The strategy plan as referred to in Section 6 is the guideline

The Local Government to achieve the management goal of the mangrove ecosystem. (2) Further provisions on the strategy plan are set up with the Governor ' s Regulation

referring to the National Strategy of Managing Ecosystem Mangrove (SNPEM).

Third Part of the Zonasi Plan

Article 9

(1) The zoning plan establishes the use of the mangrove ecosystem resource based on its support.

(2) The zoning plan is being called, punctuated and balanced with the Provincial Regional Governance Plan (RTRWP).

(3) The Zonation Plan is used to guide the utilization and prevent conflict utilization of the mangrove ecosystem.

Article 10 The Term of the Zonation Plan is 20 (twenty) years and can be reviewed at most 5 (five) years once.

Article 11 (1) The zoning plan as referred to in Article 9 of the paragraph (1) consists of zones

protection and utilization zones. (2) Further provisions on the zoning plan are set up with the Governor ' s Rules

based on the Provincial Area Board Plan (RTRWP).

The fourth part of the Management Plan

Section 12

The management plan as referred to in Article 5 of the paragraph (1) of the letter c has a purpose: a. establish a policy of setting, utilization, protection, control and

supervision of the mangrove ecosystem; b. establishing cooperation between the government, local government, business abusers and

society; c. to be the basis agreed upon to systematically review

against the proposed development; and d. coordinate the planning initiative.

Section 13

The term of the management plan is 5 (five) years and can be reviewed at least 2 (two) years.

Section 14

(1) The management plan Based on the Strategic Plan Document, the Zonasi Plan and the stakeholders ' aspirations.

(2) Further provisions of the management plan are set up with the Gubenur Regulation.

Fifth Section of Action Plan

Section 15

(1) The action plan as referred to in Article 5 of the paragraph (1) D.

(2) The Term of Action Plan is 1 (one) up to 2 (two) years.

9

The Sixth Section of Data and Information

Article 16

(1) The Regional Government manages data and information on coastal areas, small islands, estuaries and landlands that recosystem mangrove.

(2) The data and information updates are conducted by the Local Government periodically and are documented as well as published officially as public documents in accordance with the Laws.

(3) Each person can utilize the data and information as referred to in paragraph (1) with regard to the interests of the Local Government.

(4) Any person who utilised the mangrove ecosystem resource as referred to in verse (2) must deliver the data and information to the Local Government and/or the slowest 60 (sixty) business days since the commencement of utilization.

(5) The change of data and information as referred to paragraph (1) only can be performed with the Local Government and/or the Organization of the Managed Cloud Service.

CHAPTER V UTILIZATION

First Section

General

Article 17 (1) The mangrove ecosystem resource resource includes:

a. activities for the purpose of the business; and b. activities not for elic can perforate in the supervision and control management of the mangrove ecosystem.

(4) Oversight and management control the mangrove ecosystem by the community as referred to in paragraph (1) performed coordinated by the mangrove ecosystem managing organization with the associated agencies in accordance with its authority.

Article 47 The supervision by the public is carried out through the delivery of reports and/or complaint to the parties Authorized.

Article 48 The further provisions of oversight and control of the management of the mangrove ecosystem by the public as referred to in Article 46 and Section 47 are governed by the Governor's Rule.

BAB XI ORGANIZATION MANAGER

First Part

The Occupation and Duty of Pokok

Article 49 (1) the managing organization is an institution below and

is responsible to the Governor. (2) The management organization as referred to in paragraph (1) has the underlying task

conduct planning, utilization, protection, rehabilitation, reclamation, supervision and management control of the mangrove ecosystem.

The Second Part Maintainer organization functions

Article 50

The mangrove ecosystem maintainer organization has a function: a. execute and coordinate the management of the mangrove ecosystem;

16

b. facilitate peranation of society in policy formulation; c. composing transparent planning documents. D. Disseminate information about government policy and local government; e. facilitate and supervise the permit publishing process; f. facilitate the resolution of disputes in the utilization of the mangrove ecosystem; g. prepare and process data centers and the mangrove ecosystem information; h. conduct a study of environmental conditions related to the plan

utilization of the mangrove ecosystem; i. conducting monitoring and evaluation of the impact of ecosystem utilization

mangrove; j. exercise the socialization of laws and laws to the stakeholders

interests.

Third section of the maintainer of the maintainer organization

Article 51

Further provisions regarding the makeup and organizational governance of the mangrove ecosystem are set up with the Governor's Rule.

BAB XII FINANCING

Section 52

The financing of the mangrove ecosystem can be sourced from the Provincial Regional Revenue and Shopping Budget and/or other authorized sources.

BAB XIII LARALs

Section 53

Each person is prohibited: a. conducting the conversion of mangrove ecosystems in the non-

utilization zone

taking into account the sustainability of ecological function; b. cutting trees on protected areas or mangrove protection zones; c. doing activities that can result in forest fires; d. conducting activities that can polluting seawater or mangrove habitat; e. doing a protected wildlife hunt; f. catch fish or other aquatic creatures using strum, chemical substances, toxins and

explosives; g. use the way or method that damages the mangrove ecosystem that is not

according to the biogeophysical characteristics; h. perform unguidable utilization activities on the staregis plan and

management plan.

BAB XIV SETTLEMENT DISPUTE

Article 54

(1) Settlement of dispute utilization of mangrove ecosystem In the first phase of the debate based on the principle of deliberation for the mufakat.

17

(2) In the event of a dispute settlement through deliberation and mufakat as referred to in paragraph (1) is not reached, the parties may take a settlement effort through Arbitration or Court.

BAB XV INQUIRY PROVISION

Article 55

(1) Certain civil servant officials in the Regional Government environment in the scope of their duties and responsibilities in the management field of the mangrove ecosystem may be given special authority as a Investigator, as referred to in the Law Number 8 Year of 1981 on the Law of the Event Criminal.

(2) The authority of the Investigators as referred to in paragraph (1) is: a. receive, search, collect, and examine the description or report

with respect to the criminal conduct in the mangrove ecosystem management for the description or report to be complete and clear;

b. examine, seek and collect information about persons or bodies about the correctness of deeds committed in connection with the criminal conduct in the management of the mangrove ecosystem;

c. requesting the information and evidence of the person private or body related to the management of the mangrove ecosystem;

d. examine the books, notes and other documents with regard to the non-criminal management of the mangrove ecosystem;

e. Conducting searches to obtain bookkeeping, logging, and other documents and forfeiture of such evidence;

f. ask for expert power assistance in order to perform criminal investigation duties in the mangrove ecosystem management field;

g. Whether or not to leave a room or place at the time of examination is underway and check the identity of the person and/or the document as referred to in the letter e;

h. photographing a person related to the mangrove ecosystem management felon;

i. calls for people to be heard of his description and in check as suspects and witnesses;

j. Stop the investigation; k. perform other actions that need to smooth the criminal investigation at

the management field of the mangrove ecosystem and according to the law that can be accounted for.

(3) Investigators as referred to in paragraph (1) notifying the start of the investigation and relay the results of its inquiry to the Public Prosecutions in accordance with the provisions set in the Act No. 8 of 1981 on Criminal Events Law.

BAB XVI CRIMINAL provisions

Article 56

(1) Each person without the right conduct utilization of the mangrove ecosystem as It is referred to in Article 17 of the paragraph (1) of the letter a being convicted of the penultimate confinement of 3 (three) months or a fine of the most Rp 50,000,000,-(fifty million rupiah).

(2) Each person violates the provisions of Article 24 of the letter a and Article 39 of the paragraph (1) is convicted of a penultimate criminal confinement 3 (three) months or a fine of at most Rp30,000,000,-(thirty million rupiah).

(3) Criminal Tindak as referred to in paragraph (1) is a violation.

18

Section 57 (1) Any person who violates the provisions as referred to in Article 53

is criminalised with the criminal as referred to in Section 73 of the Law No. 27 of 2007 on the Management Of The Region Coastal and Small Islands.

(2) Criminal Tindak as referred to in paragraph (1) is a crime.

BAB XVII CLOSING provisions

Article 58

At the time the Territory of Regulation is in effect, all laws of equal or under which regulate the mangrove ecosystem remainwhich It has.

(3) certain civil servant officials as intended on paragraph (2) authorized by: conduct a coastal area patrol/desecration of the mangrove recosystem or

its jurisdiction; b. received a report concerning the destruction of the mangrove ecosystem.

(4) In order to exercise oversight and control of the mangrove ecosystem management as referred to paragraph (1), the Local Government conducted monitoring, field observations, and/or evaluation of planning and execution of the management.

Article 46

(3) The pubis "the result of the forest instead of wood can be derived from the forest of plants and/or forest of nature" is like fruit, seeds, leaves, and sap.

Article 24 is pretty clear.

Article 25 is quite clear

22

Article 26 Verse (1) is quite clear. Verse (2)

In question "the study of strategic living environment" is the study of a comprehensive environment with respect to aspects that provide a very large impact and require great costs.

Article 27 In question, "identification" is the introduction of the natural conditions of the mangrove ecosystem in factually. The "inventorization" is the summation, picker, and the mangrove resource group. In question, the "environmental study" is a study that includes analysis on environmental impacts (AMDAL), environmental management efforts (UPL), and environmental monitoring efforts (UKL).

Article 28 is pretty clear.

Article 29 Verse (1)

Quite clear. Verse (2)

Which is referred to as "natural-power" is such as earthquakes, floods, storms, volcanic eruptions, and droughts. The meaning of "cattle" is the type of livestock potentially damaging the mangrove vegetation such as goats, cows, and others. The meaning of "pest" is a pest in addition to livestock such as the leaf-wrecker insects, the stem and roots of the mangrove plant. The other diseases are the various types of diseases that cause the damage or death of the mangrove plant.

Article 30 reasonably clear

Article 31 is pretty clear

Article 32 is pretty clear

Article 33 Verse (1) is quite clear. Verse (2)

The letter a "greening" is the cultivation of mangrove plants on a critical and unproductive land outside of the forest area.

The letter b referred to as "maintenance" is the maintenance of the cultivation plant or Natural mangrove vegetation in order to increase its growth productivity.

The letter c referred to as "plant enrichment" is the cultivation activity of broken mangrove ecosystems or sparsely vegetation by means of adding plants Among the mangrove vegetation that exists with the type that fit the biophysical conditions of its lava.

The d letter referred to as "the application of technical civil conservation techniques, on critical and unproductive land, as well as disaster-prone" is the creation of a wave-breaking building, or other technical civilian buildings that can support growth. plants as well as protect mangroves from damage.

23

Article 34 is fairly clear.

Article 35 is fairly clear.

Article 36 is fairly clear.

Article 37 is pretty clear.

The article 38 is pretty clear.

Article 39 is pretty clear.

The article 40 is pretty clear.

Article 41 Quite clear.

Article 42 is pretty clear.

Article 43 is pretty clear.

Article 44 Is pretty clear.

Article 45 is pretty clear.

Article 46 is pretty clear.

Article 47 is pretty clear.

Article 48 is pretty clear.

Article 48 Clearly enough

Article 50 is pretty clear.

Article 51 is pretty clear.

Article 52 is pretty clear.

Article 53 Is Enough Clear.

Article 54 Is pretty clear.

Article 55 is pretty clear.

Article 56 is pretty clear.

Article 57 is pretty clear.

Article 58 is pretty clear.

Article 59 is pretty clear.

Article 59 is pretty clear.

The 60 is pretty clear.

ral functions that do not lose importance to the preservation efforts of coastal ecosystems to support development. sustainably in the coastal region as follows:

a. Geophysical functions with the following benefits: (1) coastal security of the abrasion; (2) acceleration of land expansion (land-land occur due to sedimentation); (3) seawater intrusion control; (4) the protection of the area behind the mangroves of the Wave and wind break and tsunami wave breaker; (5) organic waste processing.

20

b. Biological/ecological function with the following benefits: (1) spawning places, food search, and breeding of various types of fish, shrimp, shells and other marine biota; (2) nesting places of various types of wildlife (especially birds); (3) sources Germ plasma.

c. The social function of the culture with the benefits as follows: Kitchen salt, trawler materials, pharmaceuticals and cosmetics, livestock, and food preparation.

The three major functions of the mangrove ecosystem if managed in a unified and multiple use will give you economic value. Not small for the development of coastal areas as well as the improvement of community welfare.

The utilization of the mangrove ecosystem has been integrated to achieve good results by maintaining the preservation of mangroves in particular in the field. The fishery is by means of the application of silvofisheries (mangroves). Another result of the mangrove's use without having to change its function is by means of monitoring the mangrove environment for the tourism industry, research and science development activities, as well as the use of mangrove results instead of wood. like fruit, leaf and sap.

2. The management of the mangrove ecosystem is geared to: a. rescue coastal region from environmental damage; b. Coastal community empowerment; c. sustainability of fishery efforts (tambak) through the application of the silvofisheries system for

obtaining the double benefit of the mangrove ecosystem; d. an increased benefit of the mangrove ecosystem environment services; e. the legal alignment and the mangrove ecosystem management laws;

and f. sustainability of the presence of mangrove ecosystems.

II. ARTICLE BY SECTION Article 1

Is quite clear. Section 2

Clear enough. Section 3

Clear enough. Section 4

Clear enough. Article 5

Clear enough. Article 6

Clear enough. Section 7

Clear enough. Article 8

Clear enough. Article 9:

Verse (1) Is quite clear. Verse (2)

In question "the zoning plan is being invaded, aligned and balanced with the Provincial Regional Plan of Regions (RTRWP)" is the allocation of space utilization in coastal areas, small islands, estuaries and land recosystem mangrove in the designation and its suppressor is adjusted to RTRWP.

Verse (3) Pretty clear.

21

Article 10 is quite clear. Article 11

Verse (1) The "protection zone" is a mangrove ecosystem whose provisions are reserved for habitat protection, nufah plasma protection, and the protection of coastal areas of natural disasters, and green pathways. The coastal.

Which is referred to as "utilization zone" is an ecosystem reserved for the cultivation activities of fisheries, agriculture, forestry, tourism, and the relationship.

Verse (2) Is quite clear. Section 12

The letter a fairly clear.

The letter b is quite clear.

The letter c is quite clear.

The letter d is intended to plan every sector/sub sector in coastal areas, small islands, estuaries and land The mangrove recosystem is integrated into the plan force.

Article 13 is pretty clear. Section 14

Clear enough. Section 15

Clear enough. Section 16

Clear enough. Section 17

Clearly. Article 18

Clear enough. Article 19

Pretty clear. Article 20

Is quite clear. Article 21

Clear enough. Article 22

Quite clear Article 23

Verse (1) Is quite clear. Verse (2) Is quite clear. Verse (3)

Which