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Regulatory Region Number 27 Of 2010

Original Language Title: Peraturan Daerah Nomor 27 Tahun 2010

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REGULATION OF THE PROVINCE OF WEST JAVA PROVINCE

NUMBER 27 IN 2010 ABOUT

PROTECTION OF SUSTAINABLE FOOD FARMING

WITH THE GRACE OF THE ALMIGHTY GOD

THE GOVERNOR OF WEST JAVA,

DRAWS: A. that West Java as an agrarian area has contributed a great deal in the provision of national food, industrial raw materials and non-migas exports, as well as being the principal livelihood and source of employment provision;

b. That increasing population growth, economic and industrial development has resulted in degradation, function and fragmentation of crops of food agriculture that affect dayadukung to ensure self-reliance, resilience and protection. food sovereignty in the Regions;

c. that to control the function of food agriculture in West Java as intended on letter b, it needs to be guaranteed to provide sustainable food farming based on principle togetherness, efficiency, justice and environmental insight to improve Community welfare;

d. that based on considerations as referred to in letters a, b, and c, need to be specified the Regional Regulation of the Province of West Java on the Protection of Sustainable Food Farm Land;

Given: 1. Law No. 11 of 1950 on the Establishment of West Java Province (State News of the Republic of Indonesia on 4 July 1950) Jo. Law No. 20 of 1950 on the Government of Greater Jakarta (State of the Republic of Indonesia 1950 No. 31, Additional Gazette of the Republic of Indonesia Number 15) as amended several times, last with Invite-Invite No. 29 Year 2007 on the Government of the Provincial Special Region of Jakarta as the State Capital of the Republic of Indonesia (Indonesian Republic of Indonesia Year 2007 Number 93, Additional Gazette Republic of Indonesia Number 4744) and Law No. 23 Year 2000 on the Establishment of the Banten Province (State Sheet) Republic of Indonesia Year 2000 Number 182, Additional Gazette of the Republic of Indonesia No. 4010);

2. Law Number 5 of the Year 1960 on the Basic Law of Pokok-principal Agrarian (State of the Republic of Indonesia 1960 No. 104, Additional Gazette of the Republic of Indonesia Number 2043);

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

4. Law Number 12 of 1992 on System Cultivation System (sheet Of State Of The Republic Of Indonesia In 1992 Number 46, Additional Sheet Of State Of Indonesia Indonesia Number 3478);

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5. Law No. 7 of 1996 on Food (State Gazette of Indonesia in 1996 Number 66, Additional Gazette of the Republic of Indonesia Number 3656);

6. Law Number 7 of 2004 on Water Resources (Indonesian Republic of 2004 Number 32, Additional Gazette Republic of Indonesia Number 4377);

7. Law No. 10 Year 2004 on the Establishment of the Laws (Indonesian Republic of 2004 Law Number 53, Additional Gazette of the Republic of Indonesia Number 4389);

8. Law No. 25 of 2004 on National Development Planning System (2004 Indonesian State Sheet Number 104, Additional Gazette of the Republic of Indonesia No. 4421);

9. Law No. 31 Year 2004 on Fisheries (State Gazette Indonesia Year 2004 Number 118, Additional Gazette of the Republic of Indonesia Number 2133);

10. Law Number 32 of the Year 2004 on Local Government (Indonesian Republic of Indonesia 2004 Number 125, Additional Gazette of the Republic of Indonesia No. 4437) as amended several times, last with Invite-Invite Number 12 Years 2008 on Second Changes to the 2004 Invite-Invite Number 32 Year on Government of Regions (State Gazette 2008 No. 59, Additional Gazette of the Republic of Indonesia Number 4844);

11. Law No. 33 of 2004 on the Financial Balance between the Central Government and the Local Government (State Gazette Indonesia Year 2004 Number 126, Additional Gazette of the Republic of Indonesia Number 4438);

12. Law Number 17 Year 2007 On The National Long-term Development Plan 2005-2025 (State Sheet Of The Republic Of Indonesia Year 2007 Number 33, Additional Sheet Of The Republic Of Indonesia Indonesia Number 4700);

13. Law Number 26 of 2007 on the Alignment of the Space (State Sheet of the Republic of Indonesia in 2007 Number 68, Additional Gazette of the Republic of Indonesia Number 4725);

14. Law No. 32 of the Year 2009 on Management and Protection of the Environment (State Sheet of the Republic of Indonesia Year 2009 Number 140, Additional Gazette of the Republic of Indonesia Number 5059);

15. Law No. 41 of 2009 on the Protection of Land of Sustainable Food Agriculture (sheet Of State Of The Republic Of Indonesia In 2009 Number 149, Additional Sheet Of The Republic Of Indonesia Indonesia Number 5068);

16. Government Regulation No. 68 of 2002 on Food Durability (State Sheet of the Republic of Indonesia 2002 No. 142, Additional Gazette of the Republic of Indonesia Number 4254);

17. Government Regulation Number 16 Year 2004 on Land Penatagunaan (Indonesian Republic of Indonesia 2004 Number 45, Additional Gazette Republic of Indonesia Number 4385);

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18. Government Regulation No. 20 Year 2006 on Irrigation (sheet Of State Of The Republic Of Indonesia In 2006 Number 46, Additional Gazette Of The Republic Of Indonesia Number 4624);

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

20. Government Regulation No. 26 of 2008 on the National Area Tata Plan (State Sheet of Indonesia 2008 No. 48, Additional Gazette of the Republic of Indonesia Number 4833);

21. Presidential Decree No. 36 of 2005 on the Absence Of Land For The Implementation Of Construction for Public Interest;

22. Province of West Java Regulation No. 3 Year 2005 on the Establishment of the Regional Regulation (Sheet Area 2005 Number 13 Series E, Additional Sheet Area Number 15) as amended by the Regional Regulation of West Java Province No. 5 2010 on Changes to the Regional Regulation of the Province of West Java No. 3 of 2005 on the Establishment of the Regional Regulation (Sheet Area 2010 Number 5 Series E, Additional Leaf Area Number 71);

23. Regional Rule of West Java Province No. 4 of 2008 on Irrigation (A 2008 Area Sheet Number 3 Of Series E, Additional Leaf Section 40);

24. Area of West Java Province Number 9 Year 2008 on the West Java Provincial Regional Development Plan 2005-2025 (Area Gazette 2008 number 8 Series E, Extra Sheet Area Number 45) as amended by Province of West Java Province Number 24 of 2010 on the Changes to the Regional Regulation of West Java Province Number 9 Year 2008 on the Regional Long Term Development Plan of West Java Region 2005-2025 (Sheet Area 2010 Number 24 Series E, Extra Sheet Area Number 87);

25. West Java Province Ordinance Number 10 Years 2008 on Government Affairs of West Java Province (section 2008 Area Number 9 Series D, Extra Sheet Area Number 46);

26. Province of West Java Province Number 2 of the Year 2009 on the Mid-Term Development Plan (RPJM) West Java Province 2008-2013 (Section Section 2009 Number 2 Series E, Additional Sheet Area Number 60) as amended with the Regional Regulation of West Java Province No. 25 of 2010 on the Changes to the Regional Regulation of West Java Province No. 2 Year 2009 on the Mid-Term Development Plan (RPJM) of the West Java Province of 2008-2013 (Sheet Area 2010 Number 25 Series E, Extra Gazette Number 88);

27. Province of West Java Regulation No. 1 of 2010 on Drafting And Management Of Regional Legislation Program (2010 Area Number 1 Series E, Extra Sheet Area 68);

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28. Province of West Java Law Number 9 Year 2010 on Organizing Regional Cooperation (2010 Section Sheet Number 9 Series E, Additional Leaf Area Number 71);

29. The Regional Rule of West Java Province No. 7 of 2010 on the Hosting Of Integrated Licensing Services (sheet Area Of 2010 Number 7 Series E);

30. Province Of West Java Province Number 22 Year 2010 On The West Java Provincial Regional Plan Plan 2009-2029 (2010 Area Sheet Number 22 Series E, Extra Sheet Area Number 86);

With Common Approval

THE PEOPLE REPRESENTATIVE COUNCIL OF WEST JAVA PROVINCE

AND

GOVERNOR OF WEST JAVA

DECIDED:

SET: THE REGIONAL REGULATIONS ON THE PROTECTION OF SUSTAINABLE FOOD FARMING LAND.

BAB I

provisions of UMUM

Article 1

In this Region Regulation, referred to:

1. The area is the province of West Java.

2. The Regional Government is the Governor and the Regional Devices as an organizer of the Regional Government.

3. The Governor is the Governor of West Java.

4. District/Town is District/City in West Java.

5. " The Mayor is the Regent/Mayor in West Java.

6. Service is the Food Plant Farm of West Java Province.

7. Land is a land part of the Earth's surface as a physical environment that includes soil along with all factors influencing its use such as climate, relief, geological aspects, and hydrology that are both naturally occurring and as a result of influence. human.

8. Farmland is a field of land used for agricultural endeavour.

9. Sustainable Food Farm is a field of agricultural land that is set to be protected and developed consistently to produce a staple food for independence, resilience, and national food sovereignty.

10. Sustainable Food Farm Reserve is a potential land protected for its suitability and its availability to be used as a sustainable food farm in the future.

11. Sustainable Food Farm Protection is a system and process in planning and establishing, developing, utilizing and fostering, controlling, and overseeing the sustainable land of food and its care.

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12. The Perdesaan region is a region that has major agricultural activities including the management of natural resources with regional functions as a place for rural settlements, government services, social services, and economic activities.

13. Sustainable Food Agriculture Area is a region of agricultural cultivation especially in rural areas that have a stretch of sustainable food farming and/or expanse of sustainable food farming reserves as well as its support element. with the main function to support national self-reliance, resilience, and food sovereignty.

14. Irrigation is a means of providing, giving, the use and disposal of water to support agriculture, which includes surface irrigation, marsh irrigation, underground irrigation, irrigation pump and irrigation of tambak.

15. Irrigated land is a land that is getting water from a network of technical irrigation, semi-technical, and perdestic irrigation.

16. The Irrigation Land Function is a deliberate process by humans to change the function of land around an irrigation area that can result in the sustainability and sustainability of the land function.

17. Control of Irrigation Land Functions is an activity to prevent irrigation of irrigated land functions, which can affect the preservation of land functions.

18. Empowerment is all efforts and activities that are done to ensure security, order, obedience, maintenance, continuity and luck.

19. RTRWP is the West Java Provincial Area Plan.

BAB II

ASAS

Article 2

The ongoing protection of sustainable food farms is based on asas:

a. benefits;

b. continuous and consistency;

c. allotedness;

d. openness and accountability;

e. togetherness and gotong royong;

f. participative;

g. justice;

h. The uniform, alignment and balance;

i. Sustainability of local environment and kearifan;

j. decentralization;

k. State responsibility;

l. diversity; and

m. social and cultural.

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BAB III

INTENT AND PURPOSE

Article 3

The sustainable food farm land protection is intended to carry out coaching, supervision and control of food agricultural land functions To ensure the continuous availability of food agriculture, through the granting of incentives to farmers and the application of the disincentive to the parties to the function of the food farm.

Article 4

The purpose of Sustainable food farming land protection is:

a. maintain an irrigated and irrigated agricultural land spit;

b. maintain and enhance agricultural production to achieve food resistance in the area;

c. protects and empowers farmers and communities around irrigated and irrigated farmland;

d. improving the welfare of farmers; and

e. maintaining an ecosystem balance.

BAB IV

AUTHORITY

Article 5

In carrying out the protection of sustainable food farming in the Regions, the Regional Government has an authority that includes:

a. Policy assignments, guidelines and guidance, development, rehabilitation, conservation, optimization and agricultural land control;

b. Drafting of development maps, rehabilitation, conservation, optimization and agricultural land control;

c. development, rehabilitation, conservation, optimization and control of cross-county agricultural land/Kota;

d. the designation and supervision of the layout and governance of the agricultural land;

e. mapping of potential and agricultural land management;

f. the setting up and application of the integrated agricultural region;

g. Agricultural commodity sentra;

h. plant target assignment; and

i. The extensive settlement of agricultural land that can be ushered in the capacity of the existing land resources.

BAB V

SCOPE

Article 6

The scope of the sustainable food farm protection space is implemented. Integratively, includes:

a. planning and strategy;

b. assignment;

c. development;

d. research;

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e. utilization;

f. protection and empowerment of farmers;

g. Land function;

h. incentive and disincentive;

i. coordination;

j. cooperation;

k. information systems;

l. the peranation and the community;

m. coaching, oversight and control;

n. prohibition; and

o. sanctions.

Article 7

The food farming area designated as sustainable food farmland can be:

a. irrigated land;

b. unirrigated land; and

c. land reclamation of tidal and nontidal swamps.

BAB VI

PLANNING AND DESIGNATION

Part Parts

Planning

Paragould 1

General

Section 8

(1) The protection of sustainable food farming in the area is done to the land of food farms and sustainable food farming reserves that are inside or outside the agricultural area, which is done based on planning Sustainable food farming.

(2) Food farm land planning continuous in the Regions as referred to in paragraph (1) is compiled by referring to the national sustainable food agricultural land planning, consisting of:

a. long-term planning, load analysis and prediction, target, and area of reserve land area and the default land area;

b. Medium-term planning, analysis and prediction, target, and area of reserve land area and the area of raw land area; and

c. annual planning, loading of production, growing and widening, as well as policies and financing.

(3) Continued food farming land planning as referred to in paragraph (2) is made a reference to the planning of sustainable food farming in the District/City.

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Paragraph 2

Proposed Plan

Article 9

(1) The Local Government is drafting a proposed sustainable food agricultural land plan based on inventories, identification and research.

(2) The planning proposal as referred to in paragraph (1) was socialized to the public to obtain reparations and remediation advice, to further be the consideration of the preparation of food agricultural land planning in the area.

(3) Exercise of inventory, identification and research and socialization as referred to in paragraph (1) and (2) are conducted by the Service.

paragraph 3

The drafting of the Plan

Article 10

(1) The Local Government is compiling sustainable food agricultural land planning, which includes:

A. sustainable food farming area;

b. Sustainable food farming; and

c. Land of sustainable food farming reserves.

(2) The drafting of the sustainable food agricultural land plan as referred to paragraph (1) is exercised with regard to:

a. Population growth and food consumption needs of the population;

b. productivity growth;

c. food needs;

d. the need and availability of food farming land;

e. the development of science and technology; and

f. Farmer's deliberations.

(3) The planning of land needs and availability is made to the existing food farm and reserve land, which is exercised with regard to:

a. Land fit;

b. infrastructure availability;

c. Land use;

d. Land technical potential; and/or

e. a disburse of land expanse of land.

Article 11

(1) Based on the planning as referred to under Article 10, the Service compiles:

a. prediction of production count; and

b. The vast area of land and distribution of sustainable food farms, covering the area of reserve land, land area and the intensity of food farming in the area.

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(2) Drafting the prediction of the amount of production, the extensive continuity of land, and the distribution of the location of the continuous food farm as referred to in paragraph (1), is implemented every year.

The Second Part

Assignment

Paragraph 1

General

Section 12

(1) Resettlement of sustainable food agricultural land protection plans is contained in the Regional planning document including the Regional Long Term Development Plan (RPJPD), the Plan Regional Mid-Term Development (RPJMD) and Regional Government Work Plan (RKPD).

(2) The protection of sustainable food farming lands as referred to in paragraph (1) is carried out with the designation:

a. sustainable food farming area;

b. Sustainable food farming; and

c. land of sustainable food farming.

Paragraph 2

Continued Food Agriculture Area

Article 13

(1) Reward of sustainable food farming as referred to in Section 12 of the paragraph (2) the letter is exercised with the criteria, including the following:

a. have the potential to produce staple food and region production levels, with the least provisions being able to meet the essential food needs of communities in the Regions; and

b. have a certain expanse of land with certain spit to be established as a sustainable food farm and/or food reserve.

(2) The sustainable food farming area can be designated with no conditions in the forest area.

(3) Further provisions on the criteria and conditions of the Continued Food Agriculture Area as referred to in paragraph (1) and (2), are governed in the Governor's Rule under the provisions of the invitational regulations.

Article 14

A sustainable food farming area that has met the criteria and the terms as set forth in Section 13 are specified in the Regional Regulation on RTRWP.

paragraph 3

Continued Food Farm

section 15

(1) The provision of sustainable food farming as referred to in Article 12 of the paragraph (2) letter b includes farmland in and outside the region Sustainable food farming.

(2) The resettlement of sustainable food farming is carried out with the criteria:

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a. have the suitability and the technical potential of land with food farming for the cause;

b. Basic infrastructure availability;

c. utilized as a food farm; and/or

d. The unitary expanse of expanse in a single field of sustainable food farming.

(3) The resettlement of sustainable food farming must meet the requirements of:

a. is not in the forest area; and

b. not in the dispute about space.

(4) Further provisions on the criteria and conditions of the region's continued food farming area as referred to in paragraph (2) and (3), are governed by the Regent/Mayor under the rules of the rules It's

Article 16

(1) Continuous Food Agricultural Land Penetration which has met the criteria and conditions as referred to in Article 15 of the paragraph (2) and (3) are set forth in the Regional Regulation on RTRWP.

(2) The penetration of sustainable food agricultural land in County/City refers to the Regional Regulation on RTRWP.

paragraph 4

Continued Food Farm Reserve

section 17

(1) The provision of sustainable food farming reserves as referred to in Section 12 of the paragraph (2) c of the letter c covers the reserve field agriculture in and outside of sustainable food farming areas.

(2) The resettlement of sustainable food farming reserves is exercised with the criteria, including:

a. have the suitability and the technical potential of land with food farming for the cause;

b. Basic infrastructure availability; and

c. The unavailability of an expanse of expanse in a single field of sustainable food farming.

(3) Continuous food farming reserve land penetration must meet the requirements:

a. is not in the forest area; and

b. not in dispute.

(4) Further provisions on the criteria and conditions of the sustainable food farm reserve as referred to in paragraph (2) and (3), are governed in the Governor's Ordinance under the rules of the rules It's

Article 18

(1) Resettlement of the continuous food farm reserve that has met the criteria and conditions as contemplated in Section 17 is set

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in the Regional Regulation on RTRWP.

(2) The continuous food farm reserve penetration in County/City refers to the Regional Regulation on RTRWP with the criteria:

a. Technical irrigation;

b. Fields of semi-technical fields are semi-technical; and

c. The irrigation fields are simple irrigated and rural.

(3) The protection of protection is part of the RTRWP and RTRW District/City designation.

(4) The definition of irrigation of irrigated fields of rice fields is further regulated by the Governor's Ordinance, as per the provisions of the laws.

BAB VII

DEVELOPMENT

Part Kesatu

General

Article 19

The Regional Government is conducting sustainable food farming areas and sustainable food farmland in the Regions including Intensification and ecstasy, implemented through inventory and identification.

Second Quarter

Intencification

Article 20

(1) Intensification of sustainable food farming areas and agricultural land Continuous food is done with:

a. increased soil fertility, through balanced, organic, inorganic, biological and soil-forming weathering;

b. increased seed/seedling quality through certification;

c. diversification of food crops through rotation/plant rotation, diversity and/or increase in perplant index;

d. prevention and countermeasures of plant pests through a unified pest control system;

e. development of irrigation through the construction of a new irrigation network and/or an increase in existing irrigation networks;

f. utilization of agricultural technology among others through the management of integrated technology innovations and the system rice of intensification;

g. the development of agricultural innovation through the results of research and development, the terap kaji, and/or the farmer ' s experience;

h. farm counseling, covering the dissemination of research and development information, the terap kaji and the farmer ' s experience; and/or

i. A guarantee of access to the application, through the credit of the program.

(2) Intencification of sustainable food farming areas and sustainable food farmland as referred to in paragraph (1) may be done by the corporation's activities. in the fields of agribusiness of food crops

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or cooperatives and/or plasma core companies with majority of the shares are held by the Indonesian Citizen.

(3) Further provisions regarding the Intencification of sustainable food farming and farmland Sustainable food, regulated in the Governor's Ordinance.

Third Section

Exfoliation

Article 21

(1) Exfoliation of sustainable food farming areas and sustainable food farming is carried through the development of a food crop agribusiness, with:

a. Sustainable food farming land printing;

b. the designation of food farming as a sustainable food farm; and/or

c. The diversion of food non-agricultural land functions into sustainable food farming.

(2) The Determination of the function of non-food farms to the Continuous food farming as referred to in verse (1) the letter c is done to the abandoned land and the land of the former forest area which has not been granted the right to the land according to the rules of the invitation-invite rule.

(3) The provisions of further on the ecstasy of sustainable food farming areas and Sustainable food farming, regulated in the Governor's Ordinance.

BAB VIII

RESEARCH

Article 22

(1) The Regional Government conducts research in supporting the protection of sustainable food farms. in the Area.

(2) The research of sustainable food farming land as referred to by paragraph (1) includes:

a. the development of the food diversity;

b. identification and mapping of land suitability;

c. zoning mapping of sustainable food farms;

d. agricultural innovation;

e. Agroclimatological and hydrological functions;

f. ecosystem functions; and

g. social culture and local wisdom.

(3) Research as referred to in verse (1) can be carried out with the peranceas and the research institutes and/or colleges.

Article 23

(1) Food farm research Ongoing land and land reserves to be established as sustainable food farming and sustainable food farming reserves in the area.

(2) Agricultural land research results Continuous food as it is in verse (1) must be informed to public through media

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easily accessible by the farmer and other users.

(3) The dissemination of the information to the public as referred to in paragraph (2) is performed by the Service.

BAB IX

UTILIZATION

Section 24

(1) The Local Government is responsible for ensuring the conservation of land and water for the use of sustainable food agricultural land, as per the provisions of the laws.

(2) The conservation of soil and water as referred to in paragraph (1) includes:

a. the protection of land and water resources;

b. the preservation of land and water resources;

c. management of the quality of land and water; and

d. pollution control.

Article 25

In the land utilization designated as sustainable food farmland, the Local Government is mandatory:

a. leverage the ground as per the tail;

b. maintain and prevent irrigation damage;

c. keep and improve soil fertility;

d. prevent land damage; and

e. maintaining environmental sustainability.

Article 26

(1) Any rights owners of the land or other parties related to land utilization are designated as sustainable food farms in the Regions, compulsory:

a. leverage the soil accordingly for the following; and

b. maintain and prevent irrigation damage.

(2) Any rights owner of the land or any other party related to the land utilization as referred to in paragraph (1) play a role as well as in:

a. maintaining and improving soil fertility;

b. maintain and prevent land damage; and

c. maintain environmental sustainability.

(3) Any rights owner of the land or any other party concerned with land utilization that does not carry out the obligations as referred to in the verse (1) and impact on land rusher, mandatory repair of the damage.

BAB X

FARMER PROTECTION AND EMPOWERMENT

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Part Kesatu

General

Article 27

The Regional Government is obliged to protect and empower farmers, peasant groups, peasant cooperatives and peasant associations.

The Second Part

Protection Farmer

Article 28

(1) The protection of the farmer is exercised in the form of an assurances in:

a. Underlying food commodity prices are favorable to farmers;

b. facilitate the means of production and agricultural infrastructure;

c. marketing of staple food agriculture results;

d. The priority of domestic food crops to meet the national food needs; and/or

e. protection from crop failure.

(2) The provisions of peasant protection are further regulated by the Governor as per the authority under the provisions of the invitation-invitation regulations.

Third Part

The Farmers ' Empowerment

Article 29

(1) The farmer ' s Empowerment is exercised in the form:

a. the institutional strengthening of the farmer;

b. Counseling and training for improving the quality of human resources and agricultural production of crops;

c. awarding facilities of financing/application resources;

d. Agricultural land ownership credit:

e. establishment of a bank for farmers;

f. the awarding of the farmer ' s education and household health facilities; and/or

g. granting of facilities to outsource science, technology and information.

(2) Further provisions on peasant empowerment as referred to in paragraph (1) are defined by the Governor Rule.

BAB XI

ALIH Function

General Parts

General

Article 30

(1) Land that has been designated as sustainable food farmland, is prohibited.

(2) The sustainable food farming area as referred to in paragraph (1) may only be alienable by the Local Government or Government for a common interest or in the event of a natural disaster.

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Second Section

Alih Land Functions for General Interests

Paragraph 1

Requirements

Section 31

(1) Alih the function of sustainable food farms for general interest is exercised. for development purposes:

a. a common road;

b. reservoir;

c. dam;

d. irrigation;

e. the drinking water channel or clean water;

f. drainage and sanitation;

g. water building;

h. port;

i. airport;

j. train station;

k. terminal;

l. a general safety facility;

m. nature reserve; and/or

n. plant and power grid.

(2) The land function for general interest as referred to in paragraph (1) must be exercised with the provision as follows:

a. have a strategic feasibility study;

b. have a land function planning;

c. Release of ownership rights to the land; and

d. the availability of replacement land.

(3) The area of sustainable food farms that can be alizable for general interest, most broadly 10% (ten percent) of the total area of sustainable food farms in County/City.

paragraph 2

Strategic feasibility study

section 32

The strategic feasibility study of sustainable food agricultural land functions as referred to in Section 31 of the paragraph (2) the least bit of a letter:

A. the area and the location of the land to be alidled;

b. potential loss of results;

c. risk of investment loss; and

d. economic, environmental, social and cultural impact.

Paragraf 3

Planning Alih Land Functions

Article 33

Planning on the function of sustainable food farming land as

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referred to in Section 31 of the paragraph (2) the least of the letters includes:

a. the area and the location of the land to be alidled;

b. Schedule of functions;

c. area and location of replacement land; and

d. utilization of replacement land.

Paragraph 4

The Liberation of Entitlement of Land Rights

Article 34

(1) Liberation of land rights entitlement to sustainable food farmland as referred to in Article 31 (2) The paragraph (2) of the letter (2) is performed with the indemnation and damages for the value of the infrastructure investment by the parties that perform the function.

(2) The restitution of the damages magnate as referred to in paragraph (1) is conducted through deliberations and mufakat between landowners and parties that perform the function as per the rules of the Invite-Invitation.

Paragraph 5

Availability of Land Change

Article 35

(1) Availability of continuous food farming land substitutes as referred to in Section 31 of the paragraph (2) the letter d is mandatory by The parties that perform the function under the condition must meet the suitability of the land and in the condition of planting, provided the following:

a. for irrigated land-enabled, provided for at least 3 (three) times the area of land area;

b. For reclaiming land reclamation of the tidal and non-tidal marshes, provided for the least 2 (two) times of land area; and

c. for irrigated land-enabled, provided the most substitutes land little 1 (one) times the land area.

(2) The replacement of the replacement land for sustainable food farmland as referred to in paragraph (1) must be contained in RKPD, RPJMD, and RPJPD as per the provisions of the laws.

(3) The replacement of sustainable food agricultural land replacements performed at least 2 (two) years after the function was performed, and can be obtained from:

a. the new opening of a new sustainable food farm reserve;

b. The outsourcing of land from non-agriculture to sustainable food agriculture, mainly from the abandoned land and the land of the former region; and

c. The designation of agricultural land as a sustainable food farm.

Article 36

A replacement for the alihable sustainable food farm should pay attention:

a. estate productivity levels;

b. land expanse of land; and

c. infrastructure conditions.

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Third Section

Alih Natural Disaster

Paragraph 1

Requirements

Article 37

(1) Alih the function of sustainable food farming due to natural disasters, is performed for Infrastructure development that cannot be delayed in the natural disaster area, on condition:

a. the release of property rights to the land; and

b. the availability of replacement land in the County/City concerned.

(2) The occurrence of natural disaster events as referred to in paragraph (1), set by the Regional Disaster Relief Board of West Java Province.

Paragraph 2

Release of Land Rights entitlements

Article 38

(1) Liberation of land rights granted from sustainable food farms due to natural disasters as referred to in Article 37 of the letter a is performed with The amount of the compensation by the party that performs the function, as per the rules. It's

(2) The indemnism referred to in paragraph (1) is conducted through deliberations and assemblies between the landowner and the parties that perform the function under the provisions of the laws.

paragraph 3

provision of land

section 39

(1) The provision of sustainable food agricultural land replacement by natural disaster as referred to in Article 37 of the letter b is performed by the parties to the cause of the natural disaster. function, provided the provisions must meet the suitability of the land and in plant-ready conditions.

(2) The replacement of the replacement field as referred to the paragraph (1) is performed at the slowest 2 (two) years after the function is performed.

BAB XII

INCENTIVE AND DISINCENTIVE

Article 40

(1) The Local Government carries out Continuous food farm control is coordinated, through granting incentives and disincentives to farmers.

(2) The incentives provided to farmers, including:

a. Earth Tax Breaks and Buildings;

b. development of agricultural infrastructure;

c. financing of seed research and development and superior varieties;

d. ease in accessing information and technology;

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e. the provision of agricultural production means and infrastructure;

f. The guarantee of the issuer's issuer of the field of food agriculture is through a sporadic and systematic land registration; and/or

g. an award for an accomplished farmer.

(3) The granting of incentives as referred to in paragraph (1) can be done in the form of an allocation of costs in the Regional Revenue and Shopping Budget (APBD) under the provisions of the laws.

(4) The Local Government applies disincentive to:

a. farmers who do not fulfill the obligations as referred to in Article 26; and

b. The parties to the function of the agricultural land function as referred to in Article 35 of the paragraph (1).

(5) Further provisions regarding the granting of incentives and disincentives are specified in the Governor's Ordinance.

BAB XIII

COORDINATION

Article 41

(1) The Local Government carries out protection coordination Food farming is sustainable by involving other sectors, vertical agencies, government/municipal government, BUMN, BUMD, association of farmers and other related agencies.

(2) Technical Coordination of sustainable food agricultural land protection, performed by the Service.

(3) The order of coordination and engagement Other sectors in the acceleration support for sustainable food farming are sustainable, further regulated in the Governor's Regulations.

BAB XIV

COOPERATION AND PARTNERSHIP

Part Of The Kesatu

Cooperation

Article 42

(1) The Regional Government develops cooperation patterns in the framework of sustainable food farming.

(2) Cooperation as referred to paragraph (1) is carried out between the Local Government with:

a. Government;

b. County/Kota;

c. Other Provincial Governments; and

d. External parties.

(3) Cooperation as referred to in paragraph (2) letter a, b and c are poured in the form of mutual decision and/or cooperation agreement, as per the provisions of the laws.

(4) Cooperation with overseas parties as referred to in paragraph (2) the letter d is exercised in accordance with the provisions of the rules of the country of foreign relations and cooperation.

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Second Section

Partnership

Article 43

(1) The Local Government is forming a partnership with the business and/or other institutions in the framework of sustainable food farming.

(2) The partnership as referred to in paragraph (1) is done through:

a. education and training improvements in human resources;

b. research and development;

c. asset management; and

d. other activities in accordance with mutually beneficial agreement.

(3) The Partnership as referred to in paragraph (1) and paragraph (2) is poured in the form of a cooperation agreement, as per the terms of the invite-invite rules.

BAB XV

INFORMATION SYSTEM

Article 44

(1) The Local Government organizes the Sustainable Food Farm Land Information System accessible to the public.

(2) The Continued Food Farm Land Information System. referred to the paragraph (1) is done in a unified and coordinated way.

(3) The most minimal sustainable food farming land information system contains any land data about:

a. sustainable food farming area;

b. a sustainable food farm;

c. land of sustainable food farming reserves; and

d. Abandoned land and subject of rights.

(4) The land data in the Continued Food Farm Land Information System as referred to in paragraph (3) at least contains the information about:

a. natural physical;

b. artificial physical;

c. human resources and economic social conditions;

d. entitlement and/or mastery status;

e. area and location of land; and

f. Certain types of commodities that are food staple.

Article 45

(1) The District/City Government organizes the Sustainable Food Farm Land Information System accessible to the public in the District/City.

(2) The Regency/City Continued Food Farm Information System as referred to in paragraph (1) is integrated in the Provincial Continuing Food Farming Information System.

BAB XVI

PERANSERTA Society

Article 46

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(1) The society can be as well as in the protection of sustainable food farms.

(2) The order of the conduct of the role as well as the society as referred to in paragraph (1) is governed by the Governor's Rule.

BAB XVII

SANCTION

The Kesatu Section

Administrative sanction

Article 47

Any activities of the outsourcing of sustainable food farms beyond the provisions of Article 30 of the paragraph (2), are subject to sanctions administration is:

a. written reprimand;

b. Government coercion;

c. freezing permission; and

d. revocation.

Article 48

The administration sanction as referred to Article 47 does not release offenders from both recovery and criminal responsibility.

Article 49

(1) The introduction of administrative sanction is freezing or revocation of the permit as referred to in Article 47 of the c and d of the d, done if the violator does not carry out administrative sanction of government coercion.

(2) The Government Act as referred to in paragraph (1) is:

A. temporary termination of activities;

b. displacement of the means of activities;

c. demolition;

d. Seizure of property or device that could potentially cause a breach;

e. a temporary outage of the entire activity; and

f. Another action is intended to stop the breach.

(3) The introduction of Government coercion may be dropped without precede a reprimand if a committed violation poses:

a. a very serious threat to humans and the environment of life;

b. greater and wider impact if it is not immediately terminated its destruction; and/or

c. greater loss for the environment if not immediately terminated its destruction.

The Second Part

Criminal Sanctions

Article 50

(1) Any person who violates the terms of the outsourcing of a sustainable food farm, is threatened by the criminal confinement of the longest 3 (three) months or the fine of the most Rp. 50,000,000,-(fifty million rupiah).

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(2) Penal Tindak as referred to in paragraph (1) is a violation.

(3) In addition to the criminal act as referred to in paragraph (1), the criminal act against the land function resulting in malfunction irrigation, subject to criminal threats under the provisions of the statute of inviters.

(4) In the event of a criminal offence committed with a criminal higher than the criminal threat in the Regulation of this Region, then the criminal threat is imposed. higher.

(5) The Denda as referred to in paragraph (1) is Section 51

BAB XVIII

INQUIRY

Article 51

(1) Other than the Investigators of the State Police of Indonesia, the official civil servants of the Republic of Indonesia, environment of the Regional Government instance whose scope of duty and responsibility in the field of agricultural land protection and/or environmental management, is given special powers as an investigator as referred to in the Event Law Act Criminal.

(2) Investigators of civil servants as referred to in paragraph (1) are authorized:

a. receive a report or complaint from someone about

a criminal offense;

b. conducted the first act at the time at the scene and

conduct an inspection;

c. order to stop a suspect and check the suspect ' s self-identification mark;

d. conduct forfeiture of objects and/or letters;

e. take fingerprints and photograph someone;

f. call people to be heard and checked as suspects or witnesses;

g. Bring the necessary experts in the relationship with

case check;

h. Held a termination of the investigation after receiving instructions from Investigator POLRI that there was not enough evidence, or that the event was not a felony, and then through Investigator notifying it to the public prosecutor, the suspect or his family; and

i. hold other actions according to the law that can be accounted for.

(3) The Investigator of the Civil Service as referred to in verse (1) notifies the commencement of the investigation and the results of its inquiry to the Investigator POLRI.

(4) Civil Servant Investigators as referred to in paragraph (1) convey the results of the inquiry to the public prosecutor through the Investigator of the Police.

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BAB XIX

COACHING, SUPERVISION AND CONTROL

Section 52

(1) Coaching of sustainable food farming protection is exercised by the Governor in the form of arrangements, guidance, surveillance and control.

(2) The coaching of sustainable food farm protection as referred to in verse (1) is held in order to create conditions that support the interests of self-reliance, resilience and food sovereignty of the Regions.

(3) In order to realize the coaching of food farmland protection ongoing as specified in paragraph (2), attempt is made:

a. coordination of protection;

b. The socialization of the legislation;

c. awarding guidance, supervision, and consulting;

d. education, training and counseling to the community;

e. dissemination of sustainable food farming areas and sustainable food farming land; and

f. the increased awareness and responsibility of the community.

BAB XX

provisions CLOSING

Article 53

Things that have not been sufficiently set in this Regional Regulation along regarding the technical implementation, are further set by the Governor.

Article 54

Most slowly 1 (one) year counts since the enactment of this Regional Regulation, the Governor ' s Regulation on the Implementation Directive of the Regulations of the Region should be set.

Section 55

The rules of this section begin to apply at the date of the promulgable.

To every person can know, ordered the invitational of this Area Regulation with its placement in the section of the West Java province.

Set in Bandung on December 31, 2010

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GOVERNOR OF WEST JAVA,

ttd

AHMAD HERAVAN

Reinvited in Bandung on 31 December 2010 SECRETARY OF THE PROVINCE OF WEST JAVA PROVINCE, ttd LEX ADMIRAL SHEET REGION OF WEST JAVA PROVINCE 2010 NUMBER 27 SERIES E

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