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Regulation Of The Minister Of Forestry Number P. 9/menhut-Ii/2009 Year 2009

Original Language Title: Peraturan Menteri Kehutanan Nomor P.9/Menhut- II/2009 Tahun 2009

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STATE NEWS
REPUBLIC OF INDONESIA

No. 27, 2009

FOREST MINISTER REGULATION
NUMBER: P. 9/MENHUT-II/2009
ABOUT
CHANGE RULES MINISTER FORESTRY NUMBER P. 35/MENHUT-II/2008
ABOUT THE PRIMARY INDUSTRIAL EFFORT PERMIT THE FOREST RESULTS

WITH THE GRACE OF THE ALMIGHTY GOD

MINISTER OF FORESTRY,

.,, weighed: a. that in order to improve competability as well as contributing to the growth of national and regional economies, jobs, and poverty alleviation, especially in anticipation of the effects of the crisis then need to be taken measures ease in investing in the subsector of the forestry industry;
., b. that in relation to the above, it is considered necessary to make changes to the Forestry Minister Regulation No. 35/Menhut-II/2008 on the Primary Industrial Business License of the Forest Results with the Ordinance of the Minister of Forestry;

.,, Given: 1. Law No. 5 of 1990 on the Conservation of Natural Resources Hayati and Ekosystem (Sheet State Of The Republic Of Indonesia 1990 Number 49; Additional Sheet Of State Republic Of Indonesia Number 3419);
., 2. Law No. 41 of 1999 on Forestry (sheet of state of the Republic of Indonesia in 1999 number 167, additional state sheet number 3888) as amended by Law No. 19 of 2004 on Government Regulation Penetration Successor Act No. 1 of 2004 on Changes to Law No. 41 of 1999 on Forestry Act (Sheet State Republic Of Indonesia In 2004 Number 86, Additional Leaf Country Number 4412);
., 3. Law No. 32 of 2004 on Local Government (Indonesian Republic of Indonesia 2004 Number 125, Additional Gazette Republic of Indonesia Number 4437) as amended by Act No. 8 of 2005 of the Republic of Indonesia Rule Number 3 Act 2005 on Change of Law Number 32 Year 2004 on Local Government Act (2005) Act Number 108 (2005) Number 108, Additional Sheet of State of Indonesia No. 4548);
., 4. Act Number 25 Year 2007 on Capital Cultivation (State Sheet Of Republic Of Indonesia In 2007 Number 67; Additional Leaf Of State Republic Of Indonesia Number 4724);
. .5. Government Regulation Number 27 Years 1999 On Analysis Regarding The Environmental Impact (State Sheet Of The Republic Of Indonesia Year 1999 Number 59, Additional Sheet Of State Of Indonesia Number 3838);
., 6. Government Regulation No. 44 of 2004 on Forestry Planning (State Of The Republic Of Indonesia 2004 Number 146, Additional Sheet Of The Republic Of Indonesia Number 4452);
., 7. Government Regulation No. 45 of 2004 on the Protection of Forests (Indonesian Republic of Indonesia Year 2004 Number 147, Additional Gazette of the Republic of Indonesia No. 4453);
., 8. Government Regulation No. 6 of 2007 on the Forest and Drafting Of Forest Management Plan And The Utilization Of Forest (sheet Of State Of The Republic Of Indonesia In 2007 Number 22, Additional Sheet Of State Republic Indonesia Number 4696) as it has been Changed to Government Regulation No. 3 of 2008 (State Gazette 2008 2008 Number 16, Extra sheet of State of Indonesia No. 48140);
., 9. Government Regulation Number 38 Of 2007 On The Division Of Government Affairs Between Government, Provincial Government, And County/Municipal Government (Sheets Of State Republic Of Indonesia In 2007 Number 82, Additional State Sheets Republic of Indonesia No. 4737);
.,, 10.Decree of the President of the Republic of Indonesia Number 187 /M 2004 on the Establishment of the United Indonesia Cabinet, as it has been several times amended last with Presidential Decree Number 31 /P of 2007;
.,, 11.Ordinance of the President of the Republic of Indonesia No. 9 Year 2005 on Occupation, Duty, Function, Suspension Organization and the Working Tata Ministry of the Republic of Indonesia, as it has been several times amended last with Presidential Regulation Number 20 Year 2008;
.,, 12.Regulation of the President of the Republic of Indonesia Number 10 Year 2005 on Unit of Organization and Duty of Eselon I Ministry of State of the Republic of Indonesia as it has been several times amended last by Presidential Regulation No. 50 of 2008;
.,, 13.Regulation Minister of Forestry Regulation Number P. 13/Menhut-II/2005 on the Organization and Work Order of the Forest Department as it has been several times amended last with P. 64/Menhut-II/2008;
., 14. Regulation of Forestry Minister Number P. 35/Menhut-II/2008 on the Primary Industrial Business License of the Forest Results;

DECIDED:

.,, Setting: REGULATION OF THE MINISTER OF FORESTRY ON THE CHANGE OF FORESTRY MINISTER REGULATION NUMBER P. 35/MENHUT-II/2008 ON THE PERMIT OF THE PRIMARY INDUSTRIAL EFFORTS OF FOREST RESULTS.

Section 1
Some provisions in the Forestry Minister Regulation Number P. 35/Menhut-II/2008 on Forest Results Primary Industry Permit Permit, are changed as follows:

., 1. The provisions of Article 1 of the number 3 and the number 4 are changed, and add one new number to the number 3a so that it reads as follows:
.,,
" Section 1
., 3. Round wood is part of the tree that is cut down and cut into a bar with a size 50 centimetres up.
., 3a. Medium round wood is a part of the tree that is cut down and cut into a bar with a size 30 (thirty) centimetres up to 49 (forty-nine) centi meters.
., 4. Small Round Wood (KBK) is a wooden grouping consisting of wood with a diameter of less than 30 (thirty) centimetres, cerucuk, jermal mast, stake, branch, firewood, and round wood with a diameter of 30 (thirty) centi meters. or more of a milestone or wood that is reduced due to a defect/rotten terrace part/gerowong of more than 40% (forty percent). "

2. The provisions of Article 1 of the number 5, are removed.

3. The provisions of Article 2 are changed, so it reads as follows:
.,,
" Article 2
(1) The primary industry type of wood forest output (IPHHK) consists of:
., a., a. Wood Sawmill Industry;
B. Wood Shale Industry (wood chip);
C. Vinir Industry (veneer);
D. Lumber Industry (Plywood); and/or
e. Laminated Veneer Lumber.
.,, (2) The Primary Industry of Wood Forest Results (IPHHK) can be built with advanced timber industry by using the raw materials of Bulat, Medium Bulat Wood and or Small Bulat Wood.
.,, (3) The Primary Industry Results of the Forest Not Wood (IPHHBK) is the processing of the raw materials instead of wood levied from the forest, including rotan, sago, nipah, bamboo, bark, leaves, fruit or seeds, and sap, as well as the result of other intermediate forest products. It's a wood charcoal.
.,, (4) In terms of one primary industry the timber forest results of more than one type of industry as referred to in paragraph (1), permission is granted in one Decision which lists the types of primary industries. "

., 4. In between three verses (2) and verse (3) is a verse (1), verse (2a), which reads as follows:
.,,
" Section 3
., (2a) IUIPHHK application requirements with capacity up to 2,000 (two thousand) cubic meters per year, are not required terms as referred to in paragraph (2) letter b, letter e, letter f, and letter i. "

5. Terms of Section 3 paragraph (2) of the letter h, deleted.

6. The provisions of Article 6 of the paragraph (2) are changed, so it reads as follows:
.,,
" Section 6
.,, (2) IUIPHHK holders can expand production up to 30% (thirty percent) of the permitted production capacity without expansion permits, by adding raw materials derived from folk/plantation forests and originating from forests The natural conditions of IUPHHK-HA have obtained the certificates of Natural Forest Production of Lestari as well as report to the Minister of Cq the Director General. "

7. The provisions of Article 7 of the paragraph (1) letter b, letter c, and letter d, are deleted.

8. The provisions of Article 9 of the paragraph (1) the letter b, the letter c, and the letter e, are deleted.

., 9. Between Section 9 and Section 10 of each section, Section 9a, which reads as follows:
.,,
" Section 9a
IUI holders can add an industry type in the same location through an expansion permit application, submitted:
a. above 6,000 (six thousand) cubic meters per year to the Minister of Forestry;
B. up to 6,000 (six thousand) cubic meters per year to the Governor;
., c. up to 2,000 (two thousand) cubic meters per year to the Regent/Mayor, in terms of the authority of granting industry clearance to the Regent/Mayor. "

., 10. Between Section 15 and Section 16 is inserted into a new section, the Article 15a which reads as follows:
.,,
" Article 15a
IUI holders may reduce the type of industry in the same location through the request for a production decrease in production capacity. "

11. The provisions of Article 19 are changed, so it reads as follows:
.,,
" Article 19
In order to improve competusability, it can be granted primary industry permit in the work area of IUPHHK. "

12. The provisions of Article 20 paragraph (1) are changed, so it reads as follows:
.,,
" Section 20
.,, (1) In order to improve saing power, it can be given a waste treatment treatment permit in the production forest area:
., a., a. in the work area IUPHHK-HT;
., b. in the IUPHHK-HA working area that has a category PHAPL certificate is not bad;
., c. in terms of the newly published IUPHHK-HA and has not been assessed the performance to get a PHPL certificate, can be given the longest trial of 2 years and can be extended after being assessed by the Minister of Forestry c.q. Director General Bina Production Forestry. "

13. The provisions of Article 21 are changed, so it reads as follows:
.,,
" Section 21
., 1. The holder of the IUPHHK can be granted a processing test permit as referred to in Article 20 of the paragraph (2) using a mobile (portable) or non-portable (non-portable) wood processor in its work area.
., 2. A portable machine type as referred to as verse (1) is Portable band saw or portable circular saw and/or Portable rotary peeler or portable slicer and/or portable chipper. "

14. The provisions of Article 22 are changed, so it reads as follows:
.,,
" Article 22
IUPHHK holders may submit a processing test permit by using the portable machine as referred to in Section 21 of the paragraph (2) with the following requirements:
., a., a. The holder of IUPHHK has had a Work Plan for Timber Forest Results (RKUPHHK);
., b. The holder of IUPHHK has had its Annual Work Plan (RKT) one last year and/or the year running. "

15. The provisions of Article 23 are changed, so it reads as follows:
.,,
" Article 23
.,, (1) The request of a processing test permit as referred to in Article 20 paragraph (2), submitted to the Director General by busan to the Director, Head of the Provincial Service, the Head of the District/City Service.
.,, (2) The processing of the processing test permit as referred to in paragraph (1) is attached to:
., a., a. AMDAL DOCUMENT IUPHHK-HA/IUPHHK-HT;
B. Proposals and viability of the investment plan waste treatment plan;
C. The company's establishment and its changes and the NPWP.
.,, (3) In the event the completeness of the application requirements as referred to in paragraph (2) is not met, the Director General publishes the rejection letter of the processing test permit no later than 30 (thirty) business days since the request Accepted.
.,, (4) In the event the completeness of the application requirements as referred to in paragraph (2) is met, the Director General publishes a processing trial permit no later than 30 (thirty) business days since the application is accepted.
.,, (5) Based on the processing trial permit as referred to in paragraph (4), the Licensee is required to execute the processing of the processing of the processing of the Cloud Service in accordance with the terms and limits of the time specified in the trial license, and submit the report. progress to the realization of the process of processing test activities per month to the Director General by busan to the Director, Provincial Service Head, District/City Department of Service, and the Head of the Hall.
.,, (6) The Director assigned the Head of the Hall to carry out a field examination of the processing test activities of the social, economic and environmental aspects, which the results were poured in the News Examination News (BAP) and delivered to the Director General.
.,, (7) In terms of field inspection results of processing test activities providing a more poor social, economic and environmental impact, the Director General revoked the processing test permit after being given a warning of as much as 3 (three) times with Thirty (thirty) business days.
.,, (8) The casting Criteria as referred to in verse (7) is set by the Director General. "

16. The provisions of Article 24 are changed, so it reads as follows:
.,,
" Article 24
The term of the Trial License Agreement as referred to in Article 23 of the paragraph (4) is the longest of 1 (one) years after the installation of the tool in the field and cannot be extended. "

17. The provisions of Article 25 are amended, so it reads as follows:
.,,
" Article 25
An industrial application permit for Licensee to test the Processing of Logging Waste as referred to in Article 23 of the paragraph (4) is submitted to the Minister of the slowest 4 (four) months prior to the end of the trial license. "

., 18. Adding a new paragraph to Article 38 is the verse (5), which reads as follows:
.,,
" Section 38
.,, (5) The fulfilment of the requirements as referred to in paragraph (3) and the verse (4) can be published and delivered after the Regulation is published. "

19. The provisions of Article 39, be removed.

Section II
The Forest Minister ' s regulation comes into effect since the date is set.

In order for everyone to know, the Ordinance of the Minister of Forestry is promulred by its placement in the News of the Republic of Indonesia.

.,, Set in Jakarta
on February 9, 2009
MINISTER OF FORESTRY,

H. M.S. KABAN
Promulgated in Jakarta
on February 23, 2009
MINISTER OF LAW AND HAM
REPUBLIC OF INDONESIA,

ANDI MATTALATTA