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Regulatory Region Number 21 Of 2010

Original Language Title: Peraturan Daerah Nomor 21 Tahun 2010

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gation area based on time, amount, and quality in accordance with the need to support agriculture and other purposes.

19. Irrigation Water Settings is an activity that includes division, giving, and use of irrigation water.

20. Irrigation Water Sharing is the activity of dividing the water in buildings for both the primary and or secondary networks.

21. Irrigation water is the activity of channeling water with certain amounts of primary or secondary networks to tertiary tenement.

22. The use of irrigation is the use of water from a tertiary tenement to irrigate the farmland at the time of the water of Irrigation, which is then called drainage, is an overflowing excess of water that is no longer used. Certain irrigation areas.

23. Development of an irrigation network is the construction of a new irrigation network and/or an increase in existing irrigation networks.

24. The construction of an irrigation network is an entire network of irrigation networks in certain areas that no network of irigas has yet to provide.

25. Improved irrigation networks are the activities of improving the function and conditions of existing irrigation networks or activities adding to the area of service area on an existing irrigation network by considering changes in regional environmental conditions. irrigation.

26. Irrigation Network Management is an activity that includes operation, maintenance and rehabilitation of irrigation networks in the irrigation area.

27. Operation of the irrigation network was an attempt to set up irrigation water and its creation, including the opening activities of irrigation buildings, building a plan of planting, compiling a group system, setting up a water-sharing plan, carrying out calibration pintu/building, gathering data, monitoring and evaluating.

28. The maintenance of the irrigation network was an effort to maintain and secure irrigation networks to function properly in order to smooth the operation, and to maintain the preservation of the food.

29. Irrigation network security is an attempt to maintain the conditions and functions of the irrigation network and prevent adverse effects on networks and network facilities, whether human, animal, or natural processes are caused by the use of the irrigation system.

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30. Development and management of the Partisipative irrigation system (PPSIP) is the alignment of role-based irrigation as well as peasant societies ranging from initial thinking, decision making up to the execution of activities on stage planning, construction, improvement, operation, maintenance and rehabilitation.

31. The Peasant Society is a group of people that are in agriculture, both of which have been incorporated into P3 A and other farmers who have not been incorporated in the P3 A.

32 organization. The next-water farmer called P3 A is all farmers who benefit directly from water management and irrigation networks, including the irrigation pump that includes the rice paddies, the rice paddies, the rice fields, the fish pool owners. which gets irrigation water, and the business agency in the field of agriculture that utilits irrigation water

33. The so-called P3 A farmers are the institutional management of irrigation, which is the vessel of water-user farmers in a tertiary or tertiary-or village-formed area of a country or village that is democratically formed by water-speaking farmers, including the use of water-based agricultural products. Local institute of irrigation management.

34. The combined GP3A Group of Water-based Farmers (GP3A), is the institution of a number of P3A who deal with the use of irrigation water and irrigation networks in the secondary block service areas, combined with several secondary blocks or one irrigation area.

35. The next parent of the Water-based Farmers ' Society is called the IP3A, an institutional number of GP3A, which deals with the use of irrigation water and irrigation networks in the primary block service area, a combination of several primary blocks or one. Irrigation area.

36. Network tracking is a joint examination activity with P3A/GP3A/IP3A from upstream to downstream to observe the condition and function of irrigation networks with a period of 6 monthly at the time of drying and beginning of the rainy season or according to the need.

37. Irrigation Area Coordination Forum is a means of consulting and communication from and between P3 A, government officer or local government as well as irrigation network users for other purposes, in order for irrigation management whose tissues function multipurpose in an irrigation area which is exercised on the basis of mutual needs and interests.

38. The next plan for the Planting Detail called RTTD is a plan of planting which describes a broad plan of cultivation in an irrigation and detailed area per tertiary and tertiary tenement.

39. The next Global Planting Plan called RTTG is a plan of planting which describes a broad plan of planting in an irrigation area, not yet detailed per tertiary tenement so that it appears to be the total plant-wide plan per region. irrigation.

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40. The Provincial Irrigation Commission is a coordination and communication institute between provincial regional governments, deputy P3A/GP3A/IP3A, deputy user of irrigation networks in the province and the deputy associated district irrigation commission.

41. The County Irrigation Commission is the coordination and communication institute between the county regional government, the deputy P3A/GP3A/IP3A, and the deputy user of irrigation network in the district.

42. The right to water for irrigation is the right to acquire and use or attempt water from the water source for agricultural purposes.

43. The right to use water for irrigation is the right to acquire and use water from the water source for agricultural purposes.

44. The right to irrigation water is the right to obtain and attempt water from the source of water for the benefit of agricultural enterprises.

45. The rehabilitation of irrigation networks is the repair of irrigation networks to restore the functions and services of the original irrigation system.

46. An inventory of irrigation networks is an activity to obtain the amount of data, dimensions, types, conditions, and functions of all irrigation assets as well as water availability data, the asset value of irrigation networks, and service areal in any irrigation area.

47. The management of irrigation assets is a structured management process for planning maintenance and funding of irrigation systems to achieve a defined and sustainable level of service for irrigation water users and irrigation network users by Asset management of an irrigation asset is as efficient as possible.

BAB II

ASAS, INTENT, PURPOs, buildings for the sadap, the sadap building, and the building.

15. The Tertiary Irrigation is an irrigation network that serves as an irrigation water service infrastructure in a tertiary grid consisting of tertiary channels, quaternary channels and exhaust ducts, tertiary boxes, quarter boxes, and buildings. Keep her full.

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16. Tertiary tenement is a group of irrigated forms of irrigation and is given irrigation water through the same tertiary channel.

17. The Fatherland Basin is a region bounded by a hydrogeologic boundary, where all hydrogeologic events such as the process of recution, flow, and the release of groundwater take place.

18. The provision of irrigation water is the determination of the volume of water per unit of time allocated from a source of water for an irriismantling of buildings and/or irrigation channels on primary and secondary irrigation networks within the cross-county/city irrigation area.

(2) In organizes the authority and responsibilities as referred to in paragraph (1), the Provincial Government may cooperate with the Government, other Provincial Governments, the Government of the Regency/City and the P3A/GP3A/IP3A in the development and management of the network irrigation by agreement in accordance with the provisions of the laws of the apply.

(3) The authority referred to in paragraph (1) is exercised by the technical service in accordance with the field of duty.

(4) The technical service designation as referred to in paragraph (3) shall be further set up with the Regulation. Governor.

(5) The manner of granting permissions and permission requirements as referred to in paragraph (1) the letter l shall be further governed by the Governor's Regulation.

Article 18 of the Provincial Government and the District/City Government can

cooperate in the development and management of primary irrigation networks and secondary on the basis of the agreement in accordance with applicable laws.

Article 19

The Provincial Government may organize a portion of the government's authority in the holding of government affairs in the field the development and management of an irrigation system in accordance with applicable laws.

Article 20

(1) In the case of the Provincial Government it has not been able to exercise its part of its authority as referred to in Article 17 verse (1) letter b and letter c, the Provincial Government may submit such authority to the Government in accordance with applicable laws.

(2) The authority that can be submitted as referred to paragraph (1) includes only the implementation of development, enhancing or rehabilitation of irrigation systems.

(3) The exercise of the submission of some of the authority as referred to in paragraph (1) is conducted under the proposal of submission from the Provincial Government to the Government which is accompanied by an excuse that includes technical and/or financial incompetence.

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(4) The government is conducting an evaluation of the proposed submission by the Provincial Government as referred to in paragraph (3).

(5) Based on the evaluation as referred to in paragraph (4), the Government may declare, either in part or all of the proposed surrender of the Government of the Provincial Government.

(6) The Provincial Government and the Government are making agreement regarding the submission of the Provincial Government's authority to the Government.

Article 21 (1) The Provincial Government may receive the submission of the authorization

from the District/City Government to the authority in the field of development and the management of an irrigation system that is not yet implemented by the municipal/city government.

(2) The authority that can be submitted as referred to in paragraph (1) only includes implementation of the development, enhancer or rehabilitation of irrigation systems.

(3) the implementation of the submission of the portion of the authority as referred to in paragraph (1) performed under the proposed submission of the Provincial Government/City to the Provincial Government accompanied by an excuse that includes technical and/or financial incompetence.

(4) The Provincial Government conducted an evaluation of the proposal Submission as referred to in paragraph (3).

(5) Based on the evaluation as referred to in paragraph (4), the Provincial Government may state the receipt, either in part or in the whole or not accept the proposal of surrender of the Regency/City Government's authority.

(6) In terms of the Provincial Government accepting the submission proposal as referred to in paragraph (5), the Provincial Government and the District/City government made a deal regarding the submission of partial authority of the county/city government to the Provincial Government.

(7) In terms of the Provincial Government not receiving the proposal of submission as referred to in paragraph (5), the Provincial Government forwarded the proposal of the surrender of the authority he had not received to the Government.

(8) Based on the proposal of the submission of authority, as referred to in paragraph (1), the Government, The Provincial Government and the Government/City Government make a deal regarding the surrender of the Regency/City Government's authority to the Government.

Article 22 of the implementation of the partial implementation of the development and management of irrigation systems by The Provincial Government as referred to in Article 21 is required to be taken over by the government on it in terms of: a. The District/City government does not implement part of

the authority of the development and management of irrigation systems so as to compromise the general interest; and/or

b. Disputes between districts/cities.

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CHAPTER VI PARTICIPATION OF THE PEASANT COMMUNITY

IN THE DEVELOPMENT AND MANAGEMENT OF IRRIGATION SYSTEMS

Article 23

(1) Participation of the peasant community in the development and management of irrigation systems manifests from the original thinking, decision making and implementation of activities in the construction, improvement, operation, maintenance and rehabilitation.

(2) The participation of the peasant community as referred to in verse (1) can be realized in the form of donations of thought, ideas, time, power, materials and funds.

(3) The participation of the peasant community as referred to in verse (1) is done either individually or through the water-user farming community.

(4) The participation of the peasant community as referred to in verse (1) is based on a will and The ability of the farmer's society and the spirit of partnership and independence.

(5) The participation of the peasant community as referred to in verse (1) can be channeled through the association of water-user farmers in its work area.

Article 24

The Provincial Government in accordance with its authority encourages the participation of the community farmers in the development and management of irrigation systems to improve the sense of having and responsibility in the sustainability of irrigation.

BAB VII

EMPOWERMENT

Article 25

(1) The Provincial Government provides technical assistance to the District/City Government in empowerment in the field of irrigation and empowerment of P3A/GP3A/IP3A as well as the development and management of irrigation systems based on the needs of the county/city government.

(2) The Provincial Government may provide the assistance of increased capacity to the District/City Government in carrying out the provisions as referred to in paragraph (1).

(3) The Provincial Government may provide assistance to P3A/GP3A/IP3A in carrying out enablement.

(4) The further provisions of the institutional empowerment of irrigation management are governed by the G/div>

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i. providing assistance to the peasant community in the development and management of irrigation systems that are the responsibility of farmers ' society at its request based on the principle of independence;

j. forming the Provincial Irrigation Commission; k. with the associated Provincial Government can

form the inter-Provincial Irrigation Commission; and l. publishing the construction permit, utilization, alteration

and/or the d to in verse (3) that the Irrigation Commission has agreed to have been established with the Governor's Ordinance.

(5) The division and irrigation of irrigation based on the annual plan of division and Irrigation water, as referred to in verse (4), begins in primary, secondary to tertiary order by the executor of irrigation according to their respective needs.

Fifth Section Drainage Section 35

(1) Each irrigation network development is equipped with

the construction of a drainage network that is a single unit with concerned irrigation networks.

(2) The drainage network as referred to in verse (1) serves to drain excess water so that it does not interfere with the productivity of the land.

(3) The excess irrigation water is drained through the drainage network must be guarded by its efforts. Pollution prevention in order to meet quality requirements based on regulatory provisions

(4) Provincial Government and Government/City Government, P3A/GP3A/IP3A and the public must maintain the water quality and continuity of drainage functions.

The Sixth Part of the Water Use for Irrigation

Direct source of Air Article 36

The use of water for irrigation taken directly from the surface water source must get permission from the Provincial Government.

BAB IX IRRIGATION NETWORK DEVELOPMENT

Parts of Irrigation Network Development

Article 37

(1) The development of irrigation networks is carried out based on the water resource management plan in the river region with pay attention to the agricultural development plan and in accordance with norms, standards, guidelines and manuers.

(2) The development of irrigation networks as referred to in paragraph (1) must be given the permission and design approval of the Provincial Government.

(3) Monitoring and evaluation of building irrigation networks as It is referred to in verse (1) exercised by the Provincial Government.

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Article 38 (1) Provincial Government and District Government/City

is responsible for the construction of primary and secondary irrigation networks in accordance with its authority.

(2) Network Maintenance Primary and secondary irrigation can be performed by P3A/GP3A/IP3A according to the needs and abilities under the permission of the Provincial Government.

(3) The Provincial Government and the District Government/City can help with the construction of irrigation networks tertiary based on request of P3A/GP3A/IP3A with regard to principles Independence.

(4) The business agency, the social agency or the individual who is monitoring water from a source of water through an irrigation network built by the Provincial Government can establish its own network after obtaining the permission and design approval of the Provincial Government.

Second Quarter

Imgation Network Irrigation Article 39

(1) Increased irrigation network is implemented on the basis of water resource management plans in the river region with regard to development plans agriculture and in accordance with norms, standards, guidelines and manuers according to Applicable law provisions.

(2) The increased irrigation network as referred to in paragraph (1) must be given the permission and design approval of the Provincial Government.

(3) The supervision of the increased irrigation network as referred to in paragraph (1) exercised by the Provincial Government.

Article 40

(1) The Provincial Government and the District/City Government are responsible for the increase in primary and secondary irrigation networks accordingly His authority.

(2) The improvement of primary and secondary irrigation networks can be carried out by P3A/GP3A/IP3A in accordance with the needs and abilities based on the permission of the Provincial Government and the county/city government in accordance with its authority.

(3) In terms of P3A/GP3A/IP3A is not capable of carrying out the increased tertiary irrigation network, The Provincial Government and the Government/City Government may help increase tertiary irrigation networks based on requests from P3A/GP3A/IP3A with regard to the principle of independence.

(4) the business entity, the social body or the individual leverage water from a water source through an irrigation network built The Provincial Government was able to improve its own network after obtaining design permits and approval from the Provincial Government.

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(1) Changes and or dismantling of primary irrigated networks

and secondary resulting in changes in the form and function of primary and secondary irrigation networks must obtain the permission of the Governor or The regent/Mayor is in accordance with its authority.

(2) The change and or dismantling of tertiary irrigation networks must obtain approval from P3A/GP3A/IP3A.

Article 42 (1) Development and or irrigation of irrigation networks

is carried out in conjunction with the development activities of irrigated farmland in accordance with plans and agricultural development programs by considering the readiness of farmers local.

(2) Further provisions on the implementation of the development of irrigated farmland are governed by the Governor's Ordinance in accordance with the rules of the applicable law-invite rules.

CHAPTER X MANAGEMENT IRRIGATION NETWORK

Part Parts of Operation and Network Maintenance Irrigation

Article 43

The operation of the operation and maintenance of irrigation networks is carried out in accordance with the provisions of the applicable law-invitation regulations.

Article 44

(1) The Provincial Government is in charge answer to the Operation and the maintenance of the primier and secondary irrigation networks that are its authority.

(2) P3A/GP3A/IP3A may play as well as in the operation and maintenance of primary and secondary irrigation networks according to the needs and ability.

(3) The operation of primary and secondary irrigation networks is implemented on the basis of the annual plan of jointly agreed operations in writing between the Provincial Government, the Municipal Government/City, P3A/GP3A/IP3A and the user of irrigation networks in any irrigation area.

(4) Operation and maintenance of irrigation networks tertiary be the right and responsibility of P3A/GP3A/IP3A.

(5) An irrigation network operation of an enterprise entity, social or individual body becomes the responsibility of the concerned party.

Article 45 In terms of P3A/GP3A/IP3A is not capable of carrying out operations and maintenance of irrigation networks that The rights and responsibilities, the Provincial Government and or the Government/City Government may provide assistance and or support facilities based on requests from P3A/GP3A/IP3A with regard to the principle of independence.

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Article 46

(1) The Provincial Government pursuant to its authority sets the drying time and parlong channel of sadap building, building for/sadap and other complementary buildings being the responsibility of the Provincial Government as per its authority.

(4) In terms of P3A/GP3A/IP3A unable to finance the development and rehabilitation of tertiary irrigation networks that became its responsibility, the Provincial Government and the Government/City Government can assist in the financing of the development and rehabilitation of irrigation networks.

(5) Financing of the development of irrigation networks organized by the agency efforts, social or individual bodies are borne by each one.

Article 60 (1) In case there is an urgent interest to

development and rehabilitation of irrigation networks on cross-province irrigation areas or national strategic but not yet a priority of the Government, Government Provinces and Government of the Regency/City can cooperate in financing.

(2) In terms of urgent importance for the development and rehabilitation of irrigation networks on cross-county/municipal irrigation areas but have not been a priority Provincial Government, Provincial Government and the District/City Government can each other cooperate in financing.

(3) In terms of urgent interest, the Provincial Government can assist in financing the development and rehabilitation of the county/city irrigation network authority on the basis of the proposed Regent/Mayor.

section 61 (1) The operational financing of the Provincial Irrigation Commission and Secretariat

The Provincial Irrigation Commission became the responsibility of the Provincial Government.

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(2) The Provincial Government provides financing of the operational development and management of irrigation networks including honorarium, service travel, work equipment, office stationery, transportation tools and communication.

BAB XIII IRRIGATED LAND FUNCTION

Article 62 To ensure sustainability, sustainability function and benefits of irrigation networks, the Governor controls the function of irrigated land.

Article 63 Alih land function Irrigation can not be done except for; a. change of the region layout plan; b. natural disaster resulting in the loss of land function and

irrigation network; c. government approval.

Article 64 (1) The Provincial Government in accordance with its jurisdiction sought

the replacement of the irrigated land along with the The network is caused by a change in the spatial plan of the region.

(2) The Provincial Government is seeking water resource conservation in the water capture area to maintain the sustainability of the water function.

(3) The Business Agency, the social agency, agency Or an individual that performs activities that can result in land function. Irrigation is required to replace irrigated lands as well as their network.

BAB XIV

COORDINATION OF IRRIGATION SYSTEM Section 65

(1) Coordination management of irrigation networks whose network serves multipurpose in one irrigation area can be implemented through the Irrigation Area's Coordinating Forum.

(2) The Irrigation Area Coordination Forum as referred to in paragraph (1) is a forum Deliberations followed by stakeholders in the area of the Irrigation in question to resolve the problem of water utilization and irrigation networks.

(3) The result of the Consultion Forum The Coordination Forum as referred to in paragraph (2) is reported to the Provincial Irrigation Commission.

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BAB XV SUPERVISION

Article 66

(1) In the development and management of irrigation systems on any irrigation area exercised supervision by the Provincial Government by engaging the role as well as the society.

(2) Surveillance as referred to in paragraph (1) includes activities;

a. monitoring and evaluation according to norms, standards, guidelines, and manuers;

b. reporting; c. recommendation grant; d. And a forwarding.

(3) The role as well as the public in monitoring and evaluation as referred to in paragraph (1) is done by passing the report and or complaint to the authorities.

(4) P3A/GP3A/IP3A, the business entity, the social body and the Individual delivers a report on the development information and management of the irrigation network that is its responsibility to the Provincial Government.

(5) In the framework of supervision as referred to in paragraph (1) the Provincial Government providing development and management of irrigation network management to generic.

Article 67

Tata ways of implementation of control, coaching and supervision will be further set up with the Governor ' s Ordinance.

BAB XVI PROVISION OF INQUIRY

SECTION 68 (1) CERTAIN CIVIL SERVANT OFFICIALS in the Government environment

The Province is given special authority as an investigator to conduct an investigation into the breach of the Regulation of the Regions in accordance with the provisions as referred to in the Criminal Event Law Code.

(2) Civil Servant Investigator officials as referred to in paragraph (1) authorized:

a. receive a report or complaint of a person about a criminal offense;

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b. conducted the first act at the time at the scene and performed an inspection;

c. ordered a stop of the suspect and checked the identification tag of the suspect;

d. Do confiscation 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

to do with the suspect's inspection; h. Hold the termination of the washing after it gets

A hint of the Indonesian National Police Investigator that there is not enough evidence or the event is not a criminal offense and next through the Police Investigator The state of the Republic of Indonesia tells the matter to the public prosecutor, suspect or family.

(3) Investigators as contemplated in verse (1) notify the commencement of the inquiry and deliverer of its preparation to the the public prosecutor through the Investigator of the State Police of Indonesia, accordingly with the provisions set in the applicable Criminal Events Law Act.

BAB XVII

CRIMINAL provisions

Section 69

(1) Any person who violates the provisions as referred to in Article 36 of the paragraph (1), Article 37 of the paragraph (2), Section 38 of the paragraph (2) and paragraph (4), Article 39 of the paragraph (2) and paragraph (4), Section 41 of the paragraph (1), Article 48 of the paragraph (4), Section 49 of the paragraph (2), Article 50 of the paragraph (2) and Article 51 of the paragraph (1) is convicted of a prison sentence of six (six) months. or a fine of the most Rp. 50,000,000 (fifty million).

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

(3) In addition to being subjected to criminal sanctions as referred to in paragraph (1) to any person who violates the provisions of Article asset is established with the Governor's Regulation in accordance with the provisions of the applicable laws.

BAB XII FINANCING SECTION

FINANCING Irrigation Network Development section 59

(1) The development and management of primary and secondary irrigation networks are the responsibility of the Provincial Government in accordance with its authority;

(2) Financing of the development and management of the network Tertiary irrigation is the responsibility of P3A/GP3A/IP3A.

(3) Financing Sadap building development, a 50-meter-41 verses (1) and Article 49 paragraph (4) is also subject to the obligation to carry out the demolition and restore the irrigation network function at the expense of the charge.

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BAB XVIII TRANSITION provisions

Section 70 At the time the Regional Regulation is in effect, then:

a. The Regional Rule of South Sumatra Region No. 15 Year 1987 on Irrigation (area of the 1988 Area Number 1 of Series C) was revoked and declared to be not applicable.

b. All permissions related to the development and management of an irrigation network that have been published before the enactment of this Regional Regulation remain in effect until the expiring term.

BAB XIX

provisions Closing

Section 71

The rules of this section begin to take effect on the date of the promulseation.

For everyone to know it, order the invitational of this Area Regulation with its placement in the Leaf of the Province of Sumatra South

Set in Palembang as of December 31, 2010

GOVERNOR OF SOUTH SUMATRA,

dto

H. ALEX NOERDIN

Was promulred in Palembang on December 31, 2010 Plt. PROVINCE COUNTY SECRETARY

SOUTH SUMATRA,

dto

YUSRI EFFENDI

SHEET AREA OF SOUTH SUMATRA PROVINCE 2010 NUMBER 8 SERIES C