Regulatory Region Number 27 Of 2010

Original Language Title: Peraturan Daerah Nomor 27 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/11e452bd9f6b0d5097f5313634353130.html

The DRAFT of the REGULATION REGION of WEST JAVA NUMBER 27 in 2010 on the PROTECTION of AGRICULTURAL LAND SUSTAINABLE FOOD by the GRACE of GOD ALMIGHTY the GOVERNOR of West Java, Considering: a. that the West Java as an agricultural region have contributed in a great national food supply, industrial raw materials and export of non oil and gas, as well as being a staple source of livelihoods and the provision of employment; b. that the ever increasing population, economic and industrial development led to relegation, instead of the functionality and the fragmentation of agricultural land to food dayadukung in order to guarantee independence, resilience and food sovereignty in the region; c. that to control over the function of food agricultural land in West Java as stated on the letter b, consideration needs to be guaranteed provision of agricultural land sustainable food based on the principle of mutuality, efficiency, fairness and environmentally to enhance the well-being of the community; d. that based on considerations as referred to in letters a, b, and c, need to set local regulations of West Java province on the protection of agricultural land sustainable food; Remember: 1. Act No. 11 of 1950 on the establishment of the province of West Java (Republic Indonesia on 4 July 1950), Jo. Act No. 8 of 1950 the Government of Jakarta Raya (Indonesia Country Sheet Republic of 1950 the number 31, an additional Sheet of the Republic of Indonesia number 15) as amended several times, the last by Act No. 29 of 2007 about the Government of the province of Jakarta as the capital of the State Union of Republic Indonesia (State Gazette of the Republic of Indonesia Number 93 in 2007, an additional Sheet of the Republic of Indonesia Number 4744) and Act No. 23 of 2000 on the establishment of Banten Province (State Gazette of the Republic of Indonesia Year 2000 Number 182, additional sheets of the Republic of Indonesia Number 4010); 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. 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); 4. Act No. 12 of 1992 about the Cultivation System (State Gazette of the Republic of Indonesia Number 46 in 1992, an additional Sheet of the Republic of Indonesia Number 3478); http://www.bphn.go.id/2 5. Act No. 7 of 1996 on Food (Gazette of the Republic of Indonesia Number 66 in 1996, an additional Sheet of the Republic of Indonesia Number 3656); 6. Act No. 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. Act No. 10 of 2004 concerning the formation of Legislation (State Gazette of the Republic of Indonesia Number 53 in 2004, an additional Sheet of the Republic of Indonesia Number 4389); 8. Act No. 25 of 2004 about National Development Planning System (State Gazette of the Republic of Indonesia Number 104 in 2004, an additional Sheet of the Republic of Indonesia Number 4421); 9. Act No. 31 of 2004 concerning Fisheries (Gazette of the Republic of Indonesia Number 118 in 2004, an additional Sheet of the Republic of Indonesia Number 2133); 10. 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 amended several times, the last by Act No. 12 of 2008 about the second amendment in the Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844); 11. Act No. 33 of 2004 concerning the Financial Equalization between the Central Government and the regional Government (the State Gazette of the Republic of Indonesia Number 126 in 2004, an additional Sheet of the Republic of Indonesia Number 4438); 12. Act No. 17 of 2007 about the Long-term National Development Plan 2005-2025 (State Gazette of the Republic of Indonesia Number 33 in 2007, an additional Sheet of the Republic of Indonesia Number 4700); 13. 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); 14. Law Number 32 Year 2009 on the management and Protection of environment (State Gazette of the Republic of Indonesia Number 140 in 2009, an additional Sheet of the Republic of Indonesia Number 5059); 15. Act No. 41 of 2009 on the protection of agricultural land sustainable food (State Gazette of the Republic of Indonesia Number 149 in 2009, an additional Sheet of the Republic of Indonesia Number 5068); 16. Government Regulation Number 68 in 2002 about the Thickness of food (Gazette of the Republic of Indonesia Number 142 in 2002, an additional Sheet of the Republic of Indonesia Number 4254); 17. 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); http://www.bphn.go.id/3 18. Government Regulation Number 20 in 2006 about Irrigation (Gazette of the Republic of Indonesia Number 46 in 2006, an additional Sheet of the Republic of Indonesia Number 4624); 19. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance and local governance of the province, Kabupaten/Kota (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737); 20. Government Regulation number 26 in 2008 on National Territory Spatial Plans (State Gazette of the Republic of Indonesia Year 2008 Number 48, additional sheets of the Republic of Indonesia Number 4833); 21. Presidential regulation Number 36 in 2005 about the procurement of Land for the implementation of the development to the public interest; 22. West Java area of Regulation No. 3 of 2005 on the establishment of Regional Regulations (Gazette No. 13 of 2005 Regional E series, an additional Sheet region number 15) as amended by regulation region of West Java province number 5 in 2010 about the changes to the regulations of the province of West Java Area number 3 in 2005 on the establishment of Regional Regulations (Gazette No. 5 of 2010 Area E series Additional Sheets, region number 71); 23. West Java area of Regulation No. 4 in 2008 of Irrigation (the regional Gazette in 2008 number 3 Series E, Supplemental Sheet region number 40); 24. West Java area of Regulation No. 9 of 2008 the long-term development plan of the region of West Java in 2005-2025 (Regional Gazette in 2008 number 8 E series, an additional Sheet region number 45) as amended by regulation region of West Java province Number 24 of 2010 about the changes to the Regulation region of West Java province no. 9 in 2008 about the long-term development plan of the region of West Java in 2005-2025 the regional Sheets 2010 (Number 24-E series Additional Sheets, region number 87); 25. West Java area of Regulation No. 10 in 2008 about the Affairs of the Government of the province of West Java (Gazette No. 9 of 2008 the area of Serie D, additional Regional Gazette No. 46); 26. the regulations of the province of West Java Area number 2 in 2009 about the medium term development plan (RPJM) region of West Java province in 2008-2013 (Gazette year 2009 number 2 Area E series, an additional Sheet region number 60), as amended by regulation region of West Java province number 25 in 2010 about the changes to the regulations of the province of West Java Area number 2 in 2009 about the medium term development plan (RPJM) region of West Java province in 2008-2013 the regional Sheets 2010 (number 25 E series Additional Sheets, region number 88); 27. West Java area of Regulation number 1 of 2010 about the preparation and the management of a Program of regional Legislation (Gazette No. 1 of 2010 Area E series, an additional Sheet region number 68); http://www.bphn.go.id/


4 28. West Java area of Regulation No. 9 in 2010 about the holding of Regional Cooperation (Regional Sheets 2010 E Series No. 9, Addendum Sheet region number 71); 29. Regulation of the area of West Java number 7 in 2010 about Organizing an integrated Licensing Service (Gazette Area of 2010 number 7 Series E); 30. West Java area of Regulation number 22 in 2010 about Spatial Plan area of West Java province in 2009-2029 (the regional Sheets 2010 number 22 Series E, Supplemental Sheet region number 86); With the approval of the HOUSE of REPRESENTATIVES along with the AREA of WEST JAVA and WEST JAVA GOVERNOR DECIDED: setting: LOCAL REGULATIONS on the PROTECTION of AGRICULTURAL LAND SUSTAINABLE FOOD. CHAPTER I GENERAL PROVISIONS article 1 in regulation of this area, which is: 1. The area is the province of West Java. 2. Local Government is the Governor of the Region as an element of the device along with the organizers of local governance. 3. The Governor is the Governor of West Java. 4. District/city is a Kabupaten/Kota in West Java. 5. the Bupati/Walikota is the Bupati/Walikota in West Java. 6. the Department is Department of agriculture food plants of West Java province. 7. Land is part of the land surface of the Earth as a physical environment that includes the land along with all the factors that affect its use such as climate, relief, geology, and hydrology aspects formed naturally or due to human influence. 8. Agricultural land is land areas used for agricultural businesses. 9. Sustainable food Farm farmland field is set to protected and developed consistently to produce staple food for self-reliance, resilience, and national food sovereignty. 10. Sustainable farming food Reserve Land is land protected its utilization in order for potential suitability and availability remain restrained to be utilized as agricultural lands sustainable food in the future. 11. The protection of agricultural land sustainable food systems and processes are in planning and establishing, developing, utilizing and fostering, controlling, and supervising food and farmland region on an ongoing basis. http://www.bphn.go.id/5 12. Rural area is a region which has major agricultural activities including the management of natural resources with the functions of the area as a place of rural settlement, government services, social services, and economic activity. 13. Sustainable food agricultural areas are areas of agricultural cultivation especially in rural areas which have expanses of agricultural land sustainable food and/or a stretch of land sustainable farming food reserves as well as elements of penunjangnya with the main function to support self-reliance, resilience, and national food sovereignty. 14. Irrigation business is supplying, delivery, use and disposal of water to support agriculture, types include surface irrigation, irrigation, irrigation, irrigation pumps, and irrigation pond. 15. Irrigated Land is land that get water from the irrigation network technical, technical, and semi rural irrigation. 16. Over the function of land Irrigated is a deliberate process by humans to change the function of the land around the irrigation area which consequently may affect sustainability and land preservation functions. 17. Control Over Irrigated Land is a Function of activity to prevent the occurrence of irrigated land over the function that can affect land preservation functions. 18. Empowerment is all efforts and activities undertaken to ensure the security, order, obedience, maintenance, sustainability and good luck. 19. RTRWP is the Spatial Plan of the province of West Java. CHAPTER II the BASIS of article 2 of the protection of agricultural land sustainable food held upon the basis of: a. the benefits; b. sustainable and consistency; c. alignment; d. openness and accountability; e. togetherness and mutual; f. participatory; g. Justice; h. harmony, harmony and balance; i. environmental sustainability and local wisdom; a. decentralization; k. responsibility of the State; b. diversity; and d. social and cultural. http://www.bphn.go.id/6 CHAPTER III GOALS and PURPOSE of article 3 of the protection of agricultural land sustainable food intended to carry out the construction, supervision and control over the function of farmland to ensure food availability of agricultural land sustainable food, through the granting of incentives to farmers and the application of a disincentive to those who perform over the function of food agricultural land. Article 4 the purpose of the protection of agricultural land sustainable food is: a. maintain the area of irrigated farmland and not irrigated; b. maintain and boost agricultural production to achieve food security in the region; c. protect and empower farmers and communities surrounding agricultural land irrigated and not irrigated; d. improving the welfare of farmers; and e. maintain the balance of the ecosystem. CHAPTER IV section 5 AUTHORITY in carrying out the protection of agricultural land sustainable food in the region, local governments have the authority that includes: a. the determination of policy, guidelines and guidance, development, rehabilitation, conservation, optimization and control of agricultural land; b. preparation of the map development, rehabilitation, conservation, optimization and control of agricultural land; c. development, rehabilitation, conservation, optimization and control of farmland in cross County/City; d. the determination and supervision of spatial and land use agriculture; e. potential mapping and management of agricultural land; f. setting and application of the integrated agricultural areas; g. determination of Center for agricultural commodities; h. the planting acreage goal setting; and i. determination of extensive raw agricultural land that can be cultivated in accordance the ability of existing land resources. Chapter V SCOPE of article 6 the scope of the protection of agricultural land sustainable food is implemented are integrated, include: a. planning and strategy; b. the determination; c. development; d. research; http://www.bphn.go.id/7 e. utilization; f. protection and empowerment of farmers; g. land over the function; h. incentives and disincentives; i. coordination; j. cooperation; k. information systems; l. peranserta community; m. coaching, monitoring and control; n. Prohibition; and o. sanctions. Article 7 food agricultural land designated as agricultural land sustainable food can be: a. irrigated land; b. not irrigated land; and c. land reclaiming tidal marshes and nonpasang subsided. CHAPTER VI is considered part of the ASSIGNMENT PLANNING and Planning Public article 8 Paragraph 1 (1) the protection of agricultural land sustainable food in the area of agricultural land reserve lands for agriculture and food sustainable food located inside or outside the area of agriculture, which is carried out based on the planning of agricultural land sustainable food. (2) the planning of agricultural land sustainable food in the area referred to in subsection (1) are drawn up with reference to the planning of sustainable food national farmland, consisting of: a. long-term planning, load analysis and prediction, target, as well as the preparation of reserve land area and land area of baku; b. medium-term planning, load analysis and prediction, target, as well as the preparation of reserve land area and land area of baku; and c. annual planning, load the target production, acreage and distribution, as well as policy and financing. (3) the planning of agricultural land sustainable food as referred to in paragraph (2) be used as a reference for planning agricultural land sustainable food at the Kabupaten/Kota. http://www.bphn.go.id/8 Paragraph 2 Proposing Plans article 9 (1) local government is drawing up proposals for the planning of agricultural land sustainable food based on inventory, identification and research. (2) the planning Proposal referred to in subsection (1) are socialized to the community to get feedback and suggestions for further improvements, made into consideration preparation of food agricultural land planning in the region. (3) the implementation of an inventory, identification and research and dissemination as referred to in paragraph (1) and (2) conducted by the Department. Paragraph 3 of article 10 Plan Preparation (1) local government is drawing up the planning of agricultural land sustainable food, which includes: a. agricultural area of sustainable food; b. agricultural lands sustainable food; and c. the reserve land farming sustainable food. (2) the preparation of a plan of agricultural land sustainable food as referred to in paragraph (1) was carried out with attention to: a. population growth and food consumption needs of the population; b. productivity growth; c. food needs; d. the needs and availability of food agricultural land; e. the development of science and technology; and f. deliberation farmers. (3) Planning needs and the availability of land made to the agricultural lands of existing food and land reserve, having regard to: a. the suitability of the land; b. the availability of infrastructure; c. land use; d. the technical potential of the land; and/or e. land expanse unity area. Article 11 (1) Upon planning as referred to in article 10, draw up: a. prediction of number of production; and b. the raw land and wide distribution of the location of agricultural land sustainable food, including a land area land area of reserves, and the intensity of the pertanaman farming food in the area. http://www.bphn.go.id/


9 (2) preparation of the prediction of the number of productions, the continuation of widespread distribution of raw land, and the location of agricultural land sustainable food as referred to in paragraph (1), held every year. The second part of Paragraph 1 the General Designation of article 12 (1) the determination of agricultural land protection plan sustainable food contained in document planning areas include Long-term Regional development plan (RPJPD), medium-term Regional development plan (RPJMD) and local government work plan (RKPD). (2) the protection of agricultural land sustainable food as referred to in paragraph (1) will be conducted with determination: a. agricultural area of sustainable food; b. agricultural lands sustainable food; and c. the reserve land farming sustainable food. Paragraph 2 sustainable food agricultural areas of article 13 (1) the determination of the sustainable food agricultural areas referred to in article 12 paragraph (2) letter a is implemented with a criteria, include: a. has the potential to produce staple food production levels and regions, provided the least amount of staple food can meet the needs of society in the region; and b. have a stretch of land with a certain area designated as agricultural land for sustainable food and/or food reserve land. (2) sustainable food agricultural areas can be established with terms not in the forest area. (3) further Provisions on the criteria and conditions of sustainable food agricultural areas referred to in paragraph (1) and (2), is set in the regulations the Governor based on the provisions of laws-invitation. Article 14 sustainable food agricultural areas that have met the criteria and terms as referred to in Article 13 of the regulation set out in the Area of RTRWP. Paragraph 3 of agricultural lands sustainable food Article 15 (1) the determination of agricultural land sustainable food as referred to in article 12 paragraph (2) letter b include agricultural land inside and outside of the area of sustainable food farm. (2) the determination of agricultural land sustainable food executed with http://www.bphn.go.id/10 criteria: a. has the technical potential and the suitability of the land with the provision of farming food; b. the availability of basic infrastructure; c. utilized as foodstuff of agricultural land; and/or d. extents unity expanse of farmland in one area of sustainable food. (3) the determination of agricultural land sustainable food must meet the requirements: a. are not on forested areas; and b. not in dispute over structuring space. (4) further Provisions on the criteria and conditions of the area of agricultural lands sustainable food as referred to in paragraph (2) and (3), regulated by the Bupati/Walikota based on the provisions of the legislation. Article 16 (1) the determination of agricultural land sustainable food that meets the criteria and terms as referred to in Article 15 paragraph (2) and (3) set out in the Regulatory Region of RTRWP. (2) the determination of agricultural land sustainable food in the district/city refers to local regulations about RTRWP. Paragraph 4 of land Sustainable farming food Reserves Clause 17 (1) the assignment of reserve land farming sustainable food as referred to in article 12 paragraph (2) Letter c include agricultural reserve lands within and outside the region agriculture sustainable food. (2) the determination of the sustainable farming food reserve land held by criteria including: a. has the technical potential and the suitability of the land with the provision of farming food; b. the availability of basic infrastructure; and c. the extents of the unity of the expanse of farmland in one area of sustainable food. (3) the determination of reserve land farming sustainable food must meet the requirements: a. are not on forest area; and b. not in dispute. (4) further Provisions regarding the criteria and terms of land sustainable farming food reserves as referred to in paragraph (2) and (3), is set in the regulations the Governor based on the provisions of the legislation. Article 18 (1) the assignment of reserve land farming sustainable food that meets the criteria and terms as referred to in article 17 is set http://www.bphn.go.id/11 in local regulations about RTRWP. (2) the determination of reserve land farming sustainable food in the district/city refers to local regulations on RTRWP criteria: a. a technical irrigated; b. the paddy fields irrigated spring technical; and c. simple irrigated paddy fields and countryside. (3) the determination of the protection is part of the determination of the RTRWP and RTRW Kabupaten/Kota. (4) determination of the criteria and procedures for the protection of paddy fields irrigated with further regulated by regulation of the Governor, in accordance with the legislation. CHAPTER VII is considered part of the General DEVELOPMENT article 19 local governments develop sustainable food and agricultural areas of agricultural lands sustainable food in the area include the intensification and extensification, implemented through inventory and identification. The second part intensification of article 20 (1) intensifying the sustainable food and farming area of agricultural lands sustainable food done with: a. an increase in soil fertility, through balanced fertilization that is organic, inorganic, biological and pembenah land; b. improved quality of seed/seedlings through certification; c. pendiversifikasian food crops through rotation/crop plants, penganekaragaman and/or increased pertanaman index; d. Prevention and countermeasures plant pests through integrated pest control systems; e. irrigation development through the development of new irrigation networks and/or improvement of existing irrigation networks; f. utilization of agricultural technology, among others, through integrated technological innovation and management system of rice intensification program (system of rice intensification); g. development of agricultural innovations through research and development, review the terap, and/or the experience of farmers; h. agricultural extension, include information dissemination of the results of research and development, review the terap and experience farmers; and/or i. guarantee of access to capital, through a credit program. (2) the intensification of the agricultural area of sustainable food and sustainable food agricultural land as referred to in paragraph (1) may be made by the Corporation's activities anyway in agribusiness food crops http://www.bphn.go.id/12 or cooperatives and/or company core plasma with a majority of the shares controlled by a citizen of Indonesia. (3) provision of further intensification of agricultural areas regarding sustainable food and sustainable food, farm land is set out in the regulations of the Governor. The third part Extensification clause 21 (1) the Extensification of agricultural area of sustainable food and sustainable food farm is done through the development of agri-food crops, with: a. printing of agricultural land sustainable food; b. determination of food agricultural land into agricultural land sustainable food; and/or c. transfer of function food nonpertanian land into agricultural land sustainable food. (2) the transfer of the functions of the land nonpertanian food be sustainable food agricultural land as referred to in paragraph (2) Letter c is done against the ground displaced and former forest areas that have not been given in accordance with land rights laws-invitation. (3) further Provisions regarding the extensification of agricultural area of sustainable food and sustainable food, farm land is set out in the regulations of the Governor. CHAPTER VIII RESEARCH section 22 (1) local Governments conduct research in support of the protection of agricultural land sustainable food in the area. (2) the research of agricultural land sustainable food as referred to in subsection (1) include the following: a. the development of food penganekaragaman; b. identification and mapping of land use suitability; c. mapping the zoning of agricultural land sustainable food; d. agricultural innovations; e. functions agroklimatologi and hydrology; f. functions of ecosystems; and g. socio-cultural and local wisdom. (3) the research referred to in subsection (1) may be executed with peranserta research institutions and/or college. Article 23 (1) sustainable food farm Research done to existing land as well as land reserve to be designated as agricultural land sustainable food and sustainable farming food reserve land in the area. (2) the results of the research of agricultural land sustainable food as referred to in paragraph (1) shall be communicated to the public through the media http://www.bphn.go.id/


13 which is easily accessed by farmers and other users. (3) Dissemination of information to the public as referred to in paragraph (2) was conducted by the Department. CHAPTER IX UTILIZATION of section 24 (1) of the local Government's responsibility to guarantee the conservation of land and water to agricultural land use sustainable food, in accordance with the legislation. (2) soil and Water Conservation as referred to in subsection (1) include the following: a. the protection of water and land resources; b. the preservation of water and land resources; c. management of land and water quality; and d. pollution control. Article 25 in the land use designated as agricultural land sustainable food, local governments are obligated: a. utilize appropriate land allotment; b. maintain and prevent damage to irrigation; c. maintaining and enhancing soil fertility; d. prevent land damage; and e. maintaining environmental sustainability. Article 26 (1) every owner of land rights or any other party relating to the utilization of land designated as agricultural land sustainable food in the area, utilizing obligated: a. appropriate land allotment; and b. maintain and prevent damage to irrigation. (2) any owner of land rights or any other party relating to the utilization of the land referred to in subsection (1) participate in: a. maintaining and enhancing soil fertility; b. maintain and prevent damage to the land; and c. maintain environmental sustainability. (3) any owner of land rights or any other party relating to the land use which do not carry out obligations as referred to in paragraph (1) and impact against the destruction of the land, the obligatory repair such damage. CHAPTER X the PROTECTION and EMPOWERMENT of FARMERS http://www.bphn.go.id/14 Part One General article 27 local government is obliged to protect and empower farmers, farmer groups, cooperatives and farmers ' associations. The second part of protection Farmers Article 28 (1) of the protection of farmers is implemented in the form of a grant of a guarantee in: a. the determination of the price of staple food commodities that benefit farmers; b. facilitating the means of agricultural production and infrastructure; c. marketing agricultural staple food; d. the centrality of domestic food crops to meet the national food needs; and/or e. protection due to failed harvest. (2) the provisions concerning the protection of farmers arranged further by appropriate authorities of the Governor based on the provisions of laws-invitation. The third part of empowerment of the farmers Article 29 (1) empowerment of farmers conducted in the form of: a. the institutional strengthening of farmers; b. extension and training to improve the quality of human resources and the results of the agricultural production of food crops; c. the granting of facilities capital financing/sources; d. a credit grant ownership of agricultural land; e. establishment of a bank for farmers; f. granting of educational facilities and health of farmer households; and/or g. grant facilities for mengakes science, technology and information. (2) the provisions regarding the further empowerment of farmers referred to in paragraph (1) established by regulation of the Governor. CHAPTER XI is considered part of the Public OVER the FUNCTION of article 30 (1) of the land which has been designated as agricultural land sustainable food, forbidden dialihfungsikan. (2) sustainable food agricultural land as referred to in paragraph (1) can only be dialihfungsikan by local governments or Government to the public interest or in the event of natural disasters. http://www.bphn.go.id/15 Second Piece over the function of land for public interest Paragraph 1 the requirement of article 31 (1) over the function of agricultural lands sustainable food for public interest is implemented for the purposes of development: a. public roads; b. reservoirs; c. the dam; d. irrigation; e. channel drinking water or clean water; f. drainage and sanitation; g. building irrigation; h. the port; i. airports; j. train station; k. terminal; b. General safety fasiltasi; m. nature reserve; and/or plant and n. electricity network. (2) over the function of land for the public interest referred to in subsection (1) must be carried out with the following conditions: a. the feasibility studies have to strategically; b. have the planning over the function of the land; c. exemption ownership rights over the land; and d. the availability of replacement land. (3) Extensive agricultural lands sustainable food that can be dialihfungsikan to the public interest, most extensive 10% (ten percent) of the total area of agricultural lands sustainable food at the Kabupaten/Kota. Paragraph 2 of article 32 of the study of the feasibility of the Strategic study of the feasibility of strategic control of the functions of agricultural land sustainable food as referred to in article 31 paragraph (2) letter a at least includes: a. spacious and the location of the land that will be dialihfungsikan; b. the potential loss of results; c. the risk of investment losses; and d. the impact of economic, environmental, social and cultural. Paragraph 3 the planning over the function of land Article 33 Planning over the function of agricultural lands sustainable food as http://www.bphn.go.id/16 referred to in article 31 paragraph (2) letter b at least includes: a. spacious and the location of the land that will be dialihfungsikan; b. outline over the function; c. are spacious and the location of the replacement land; and d. land use surrogates. Paragraph 4 Exemption ownership of land rights Article 34 (1) release of the ownership rights to the land for sustainable food agricultural land as referred to in article 31 paragraph (2) Letter c is done with reparation and compensation for the value of the infrastructure investment by the parties who perform over the function. (2) the determination of the magnitude of damages referred to in subsection (1) is conducted through deliberation and consensus between land owners and those who perform over the function in accordance with laws-invitation. Paragraph 5 of the availability of Land Replacement Article 35 (1) the availability of sustainable food farm's replacement as referred to in article 31 paragraph (2) letter d required by parties who did over the function condition must meet suitability and land in a condition ready for planting, with the following conditions: a. for irrigated land pengalihfungsian land, provided the replacement of at least three (3) times the size of the land; b. to pengalihfungsian land reclaiming tidal marshes and non tidal (the lebak), replacement land provided at least 2 (two) times the size of the land; and c. to pengalihfungsian land is not irrigated land, provided the replacement of at least 1 (one) by land area. (2) the provision of replacement land to agricultural lands sustainable food as referred to in subsection (1) must be loaded in RKPD, RPJPD, and the RPJMD in accordance with legislation. (3) the provision of replacement land farming sustainable food done at least 2 (two) years after control of the functions performed, and can be obtained from: a. opening new land reserve agriculture sustainable food; b. pengalihfungsian of land from agricultural to non sustainable food farming, especially of the wastelands and former area; and c. the determination of agricultural land as agricultural land sustainable food. Article 36 Replacement agricultural lands sustainable food that dialihfungsikan should pay attention to: a. the level of productivity of land; b. stretch of land area; and c. the condition of the infrastructure. 17 http://www.bphn.go.id/the third part over the function due to natural disasters, Paragraph 1 the terms of article 37 (1) over the function of agricultural lands sustainable food due to natural disasters, is done for the construction of infrastructure which cannot be postponed in the area of natural disasters, provided: a. the release of ownership rights over the land; and b. the replacement land availability in the Kabupaten/Kota is concerned. (2) the determination of the occurrence of natural disasters referred to in subsection (1), defined by the Agency's Disaster Area of West Java province. Paragraph 2 liberation of Ownership Rights on the ground of article 38 (1) the liberation of ownership rights to the land of the dialihfungsikan of agricultural land sustainable food due to the natural disasters referred to in Article 37 a is done by awarding punitive damages by the party who did over the function, in accordance with the legislation. (2) the magnitude of damages referred to in subsection (1) is conducted through deliberation and consensus between land owners and those who perform over the function in accordance with the legislation. Paragraph 3 the provision of Land Article 39 (1) the provision of replacement land farming sustainable food due to the natural disasters referred to in Article 37 subparagraph b done by parties who did over the function, provided must meet the suitability of land and planting conditions. (2) the provision of replacement land as referred to in subsection (1) done at least 2 (two) years after control of the functions performed. CHAPTER XII the INCENTIVE and DISINCENTIVE to article 40 (1) local governments carry out the control of agricultural land sustainable food are coordinated, through the granting of incentives and disincentives to farmers. (2) the incentives given to farmers, including: a. tax relief Earth and buildings; b. development of agricultural infrastructure; c. Financing of research and development of superior varieties and seeds; d. ease in accessing information and technology; http://www.bphn.go.id/


18 e. provision of agricultural production and infrastructure; f. the guarantee issuance of a certificate of food agricultural plots of land through the land registry are sporadic and systematic; and/or g. Farmer Award for top achievers. (3) the granting of incentives referred to in paragraph (1) may be made in the form of cost allocation in the budget revenue and Expenditure area (BUDGETS) in accordance with the legislation. (4) local governments are implementing to disincentive: a. farmers who do not meet the obligations referred to in Article 26; and b. the parties do over the function of agricultural lands food plants as referred to in Article 35 paragraph (1). (5) the provisions on the granting of incentives and disincentives established in the regulations of the Governor. CHAPTER XIII the COORDINATION of Section 41 (1) local governments carry out coordination of the protection of agricultural land sustainable food by involving other sectors, agencies of Government vertical, district/city, STATE-OWNED ENTERPRISES, LOCAL, farmers Association and other related institutions. (2) the coordination of technical protection of agricultural land sustainable food, implemented by the Department. (3) the procedures for coordination and the involvement of other sectors in support of the acceleration of sustainable food farmland protection, regulated further in a regulation the Governor. CHAPTER XIV is considered part of the CO-OPERATION and PARTNERSHIP of cooperation Article 42 (1) local governments develop patterns of cooperation in the framework of the protection of agricultural land sustainable food. (2) cooperation as referred to in subsection (1) is performed between the local governments with: a. the Government; b. the Government of the district/city; c. the Government of another province; and d. the parties abroad. (3) cooperation as referred to in paragraph (2) letter a, b, and c shared decision forms poured in and/or cooperation agreement, in accordance with the legislation. (4) cooperation with foreign parties as referred to in paragraph (2) letter d was carried out in accordance with the provisions of laws-invitation field relations and cooperation abroad. 19 http://www.bphn.go.id/the second part of the partnership Article 43 (1) local government formed a partnership with the business world and/or other institutions in the framework of the protection of agricultural land sustainable food. (2) a partnership referred to in subsection (1) is carried out through: a. increase in competence education and training human resources; b. research and development; c. asset management; and d. other activities according to agreement of mutual benefit. (3) Partnerships as referred to in paragraph (1) and paragraph (2) was poured in the form of a cooperation agreement, in accordance with the laws-invitation. CHAPTER XV INFORMATION SYSTEM Article 44 (1) the local government organized information systems of agricultural lands sustainable food that can be accessed by the public. (2) the information system of agricultural land sustainable food as referred to in subsection (1) done in a concerted and coordinated. (3) the information system of agricultural land sustainable food at least contain data on land: a. agricultural area of sustainable food; b. agricultural lands sustainable food; c. sustainable farming food reserve land; and d. wastelands and subject its due. (4) land Data in the information system of agricultural land sustainable food as referred to in paragraph (3) contains the least amount of information regarding: a. physical nature; b. artificial physical; c. human resources and social conditions of the economy; d. status of ownership and/or mastery; e. are spacious and the location of the land; and f. a certain types of commodities that are staple food. Article 45 (1) District/City Government organized information systems of agricultural lands sustainable food that can be accessed by the public at the district/city. (2) the information system of agricultural land sustainable food Kabupaten/Kota referred to in paragraph (1) be integrated in information system of agricultural land sustainable food. CHAPTER XVI PERANSERTA COMMUNITY http://www.bphn.go.id/46 Article 20 (1) of the public can join in the protection of agricultural land sustainable food. (2) the procedures for the implementation of the role of the community as referred to in paragraph (1) are governed by regulation of the Governor. CHAPTER XVII Administrative Penalties is considered part of the SANCTIONS of article 47 any activity pengalihfungsian of agricultural land sustainable food outside of the provisions of article 30, paragraph (2) of administrative penalties in the form of: a. a written reprimand; b. coercion of the Government; c. freezing of the permit; and d. the revocation. Article 48 the administrative Sanctions referred to in section 47 does not absolve the offender from criminal responsibility and recovery. Article 49 (1) the imposition of administrative sanctions in the form of freezing or revocation as referred to in Article 47 of the letters c and d, done when offenders does not implement the administrative sanction in the form of government coercion. (2) Government Compulsion as referred to in paragraph (1) be: a. temporary suspension of activities; b. the transfer of the means of activities; c. dismantling; d. foreclosure against goods or tools that could potentially cause offence; e. the temporary suspension of all activities; and f. other action that aims to stop the breach. (3) the imposition of Government coercion can be dropped without preceded reprimand if the performed infringement gives rise to: a. a very serious threat to humans and the environment; b. the impact of the larger and more spacious if not immediately stopped perusakannya; and/or c. greater losses to the environment when not immediately stopped perusakannya. The second part of criminal sanctions in article 50 (1) Whoever violates the provisions of the pengalihfungsian agricultural land sustainable food, threatened criminal confinement of not longer than three (3) months or a maximum fine of Rp 50,000,000.0.-(fifty million rupiah). http://www.bphn.go.id/21 (2) of the criminal act referred to in subsection (1) is an offence. (3) in addition to the criminal offence referred to in subsection (1), criminal acts against the land over the function which resulted in damage to the irrigation function, incur criminal threats in accordance with laws-invitation. (4) in the event of a criminal offence committed is liable to a higher criminal from criminal threats in this Area, then the Regulations imposed higher criminal threats. (5) the fines referred to in subsection (1) constitutes acceptance of cash deposited to the region and the region of West Java. CHAPTER XVIII INVESTIGATION Article 51 (1) in addition to the investigating police officials of the Republic of Indonesia, certain civil servant officials in the Regional Government agency environment the scope of the task and the responsibility in the field of the protection of agricultural land and/or environmental management, special investigators authorized as referred to in the law of criminal procedure. (2) civil servant Investigators as intended in paragraph (1) is authorized to: a. receive reports or complaints from a person of a criminal offence; b. action at the time was first on the scene and conducting an examination; c. sent to stop a suspect and examining the self identifier suspects; d. perform the seizure of objects and/or letter; e. taking fingerprints and a photograph of a person; f. calling the people to be heard and examined as a suspect or a witness; g. bring the necessary expert people in connection with the proceeding; h. termination of investigation held after receiving instructions from the NATIONAL POLICE Investigators that there was no sufficient evidence, or such events does not constitute a criminal offence, and further through the Investigator notify the matter to the public prosecutor, the suspect or his family; and i. held another action according to the law which can be accounted for. (3) civil servant Investigators as intended in paragraph (1) notify the commencement of the investigation and the results of penyidikannya to POLICE Investigators. (4) civil servant Investigators as intended in paragraph (1) to convey the results of the investigation to the public prosecutor's Office through the NATIONAL POLICE. http://www.bphn.go.id/22 CHAPTER XIX of the CONSTRUCTION, supervision and CONTROL of Article 52 (1) of the construction of agricultural land sustainable food protection is exercised by the Governor in the form settings, guidance, monitoring and control. (2) the construction of sustainable food agricultural land protection as referred to in paragraph (1) was held in order to created the conditions that favor the interests of self-sufficiency, resilience and food sovereignty of the region. (3) in order to realize the construction of sustainable food agricultural land protection as referred to in paragraph (2), efforts: a. coordination of protection; b. dissemination of legislation; c. the granting of guidance, supervision, and consultation; d. education, training and outreach to the community; e. dissemination of information on sustainable food and farming area of agricultural lands sustainable food; and f. increase in the awareness and responsibility of the society. CHAPTER XX CONDITIONS COVER Article 53 things haven't quite set in the regulation of this area is all about the technical implementation, further specified by the Governor. Article 54 at the latest 1 (one) years counted since the enactment of the regulations in this Area, regulations, Regulatory Guidelines about the Governor of this region must have been set. Article 55 of the regulation of this area comes into force on the date of promulgation. So that everyone can know it, ordered the enactment of regulations in this Area with its placement in the piece area of West Java province. Set in Bandung on December 31, 2010 http://www.bphn.go.id/


23 WEST JAVA GOVERNOR AHMAD HERYAWAN ttd, Enacted in Bandung on December 31, 2010 SECRETARY of West Java, ttd LEX ADMIRAL SHEET REGION of WEST JAVA in 2010 NUMBER 27 E series http://www.bphn.go.id/