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Regulation Of The Minister Of Forestry Number P. 58/menhut-Ii/2009 Year 2009

Original Language Title: Peraturan Menteri Kehutanan Nomor P.58/Menhut- II/2009 Tahun 2009

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est areas is the use of forest areas for development outside forestry activities without changing the status and function of the forest area through the use of forest areas.

10. An area of use (APL) is a forest area based on the Decree of the Minister of Forestry about the designation of the Provincial Forest and the Waters of the Province, or by the Tata Guna Forest Agreement (TGHK) not a forest area.

11. A converted area of production forest is a production forest that can be converted to a non-forest area by the release of forest areas or by means of exchange for the Minister of Forestry's decision.

12. The release of the forest area is the conversion of the forest area to not the forest area with the Decree of the Minister of Forestry.

13. Tukar-trading forest areas is a fixed forest area for development interests outside the forestry sector, which is offset by inserting a replacement ground, which is not a forest area to be a permanent forest area.

14. Use of the forest area is the partial surrender of the use of some parts of the forest that have been designated as well as those that have been assigned to other parties for development outside of forestry without changing the status, the tail, and the other. Forest function.

15. A cooperative is a body of enterprise that consists of a person or the legal entity of the cooperative, with its activities based on the principle of cooperatives as well as the economic movement of the people based on family-based azas.

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16. Forest treatises are the activities of measurement, observation and recording of the trees planned to be cut down with an intensity of 5% (five percent).

17. A working chart is a work plan that is enforced against the IPK holder.

18. RKT is a working plan with a term of 1 (one) year that is the definition of RKUPHHK (Work Plan for the Timber Forest Results of Benefit Efforts).

19. The Repayment Fee (SPP-GR) is a document that contains the magnitude of the reimburte value that Mandatory Pay is paid for.

20. Bendaharawan Recipient of the Department of Forestry is a civil servant of the Department of Forestry, appointed by the Minister and given the duty and authority to accept and lease to the State Kas and to administer the replacement of the value of the tegakan.

21. The Minister is the Minister for the duty and responsible for the field of forestry.

22. The Secretary-General is Secretary General of the Forest Department. 23. The Director-General is the Director General who is in charge of duty and responsibility

answers in the field of forestry production bina. 24. The Director General of the Forestry Planes is the Director General who

is called on duty and is responsible in the field of forestry planology. 25. Governor is Governor of the Province. 26. Regent/Mayor is the chief organizer of the local government

District/City corresponds to its work area. 27. The Provincial Service is the duty and responsibility Service in the

area of forestry in the province area. 28. County/City Services are Services assigned to task and responsibility

in forestry in the district/city area. 29. Head of the Hall is the Head of the Production Forest Utilition of the Production Forest

in accordance with its work area and is responsible to the Director General.

30. The SPP-GR Board official was the official set by the Chief of Hall. 31. APHI is the Indonesian Forest Company Association.

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CHAPTER II THE REPLACEMENT OF THE TEGAKAN VALUE FOR WOOD UTILIZATION PERMIT

Section Parts of the Areal and Applicant Requirements

Section 2 (1) Replacement of the tegwill is performed through the granting of IPK. (2) The endeable Areal for IPK is:

a. other use areas (APL) that have been saddled with perforated permits; b. Forest areas due to changes in the forest area through

the release of forest areas or the exchange of forest areas; or c. forest area as a result of the use of forest areas by borrowing

use of forest areas. D. areal of land preparation activities in plant forest development,

the timber is not utilized by IUPHHK-HT holders. Section 3

(1) The granting of the IPK as referred to in Section 2 of the paragraph (2) of the letter a and b is provided by the Regent whose implementation is performed by the Head of the District/City Service.

(2) The granting of the IPK as referred to in Section 2 of the paragraph (2) of the letter c and d is given by the Governor whose implementation is performed by the Provincial Service Chief.

Article 4 The applicant who can apply the IPK on the areal as referred to in Paragraph 2 (2) is: a. Personal; b. Cooperative; c. State Owned Entity; d. Regional Entity Belonging (BUMD); or e. Private Property Agency (BUMS).

The Second Part of the IPK method of granting IPK in APL and Forest Release

section 5 (1) of the IPK Request in the areal as referred to in Section 3 of the paragraph (1),

is submitted by the applicant to the Head of the County/City Service with

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gust to: a. -Bupati/Walikota; b. Director General; c. Director-General of Planological Forestry; d. Head of the Provincial Service; and e. Head of the Hall.

(2) The request as referred to paragraph (1) is subject to requirements: a. Photocopies of the Population Card for individual petitioners or Akte

The establishment of the applicant company and its changes; b. Photocopies permit use of land such as field permits

agriculture, plantation, fishery, settlement, transportation development, area infrastructure, construction of communications facilities and information published by the Minister, The governor or Regent/Mayor is in compliance with his authority, which is legalized by authorized officials;

c. Location map, please. Article 6

(1) The IPK Requests that do not meet the requirements referred to in Section 5 of the paragraph (2), the Head of the District/City Service rejected that request in the term of 14 (fourteen) days from the request received.

(2) The application of the IPK meets the requirements as referred to in Article 5 of the paragraph (2), the Head of the Regency/City Service requesting technical consideration to the Head of the Provincial Service, with busan to the Head of the Hall.

(3) Technical Perscales as referred to in a paragraph (2) is attached to the terms of the request as contemplaed in Article 5 of the paragraph (2).

Section 7 (1) of the Provincial Service in the term of 7 (7) business days since

the date of the receipt of the technical consideration as referred to in Article 6 of the paragraph (2), issuing technical consideratio land preparation, nursery, planting, maintenance, harvesting and marketing.

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4. IUPHHBK-HT is a business permit that is given to make use of forest products instead of wood in the forest of crops in the forest of production through land preparation, nursery, planting, maintenance, harvesting and marketing.

5. The replacement of tegakan value is the replacement of the tegakan value of IPK activities and or from land preparation in plant forest development.

6. The value of tegakan is the price paid based on the Production Results Report (LHP).

7. The forest area is a designated area designated and or designated by the Minister for its existence as a fixed forest.

8. The forest of the country is a forest that is on unburdened land rights to the land.

9. The use of foreferred to in paragraph (1) the letter b is used as the basis for determining the Volume of Volume Messages in the IPK Decision, setting the Bank The warranty of a government bank that is magnitude 3/12 (three per twelfth) of an estimate the volume of wood, and making the Statement of willingness to pay the replacement of the value of the IPK results made on paper-filled paper, containing the company name, address, administrator name, and the pay mat.

(3) In the case of the applicant have been eligible as referred to in paragraph (1), the Head of the Provincial Service granted the IPK approval letter and to the applicant is required to: a. Make a Plan of Redemption within two (two) months of

receiving a Warrant; b. implement the IPK floating block alignment, and be completed

at least 2 (two) months since the receipt of the Warrant;

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c. delivered Garansi Bank from a government bank; and d. submit a Statement of willingness to pay reimburzations

the value of the IPK results as referred to in paragraph (2).

(4) In terms of meeting the requirements as paragraph (3) is issued the IPK Giving Decision.

(5) In case the applicant does not carry out the obligation as referred to in paragraph (3) in time 2 (two) the month of the IPK approval letter as referred to in paragraph (3) is cancelled.

Article 18

The IPK Decision Decision is as is referred to in Section 17 of the paragraph (4) or the cancellation letter as referred to in Section 17 of the paragraph (5), the copy/tembulation is delivered to:

a. Director General;

b. Governor;

c. Director-General of Planological Forestry;

d. Hall Head

Article 19

(1) Based on the PIP Decision as referred to in Section 17 of the paragraph (4), the IPK holder conducts logging activities, rod division, sweep, loading, loading, and demolition in the premises Wood collecting (TPK) is set by the Provincial Head and created the Production Results Report (LHP).

(2) Based on the LHP as the verse (1), the payment of the payment of the value of tegakan.

(3) In the case there is a difference in the volume between LRH and LHP, which is used is the volume of wood as it is used in the LHP.

Section 20

(1) The timber company of the IPK results follows the rules of the applicable invitatory rules.

(2) IPK holders are required to pay the replacement of the value of the IPK. (3) The wood volume for the calculation of the tegshall value is calculated based on

volume on the Production Results Report (LHP).

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Article 21 (1) In addition to paying the replacement of the value of the tegakan as referred to in

Article 20 paragraph (2) of the IPK holder remains required to pay PSDH and DR in accordance with applicable laws.

(2) Based on the LHP as referred to in Article 20 of the paragraph (3), the Acting Commissioner of the SPP-GR publishes the SPP-GR to the IPK holder.

The Fourth Section of the Priority Timber Expediency Permit

Article 22 (1) of the IPK is prioritised to:

a. Perhutani perum if the IPK location comes from Perum Perhutani's work area;

b. Use of the Forest Area or the Exemption Permit holder against the timber that is on the permit area.

(2) In terms of the use of the loan permit are in the IUPHHK-HA or IUPHHK-RE or IUPHHK-HT or IUPHHK-HTR areas then IPK grants are prioritidied by IUPHHK-HA or IUPHHK-HT or IUPHHK-HTR.

(3) In the event that gets priority as referred to in paragraph (1) and the verse (2) does not use the opportunity to exploit the timber of its work area, then the IPK may be impaced and given to the other party.

Article 23 The decision of the IPK by the Head of the Regency/City Service as referred to in Article 8 of the paragraph (4) or the Decision of the IPK by the Provincial Service Chief as referred to in Article 18 of the paragraph (4), at least-the lack of loading: 1. and address Permission holder; 2. the area and location of the IPK location; 3. the number, volume and type of round wood to be produced; 4. rights, obligations and the ban of IPK holders; 5. IPK expiring term; 6. The place and date of the date is IPK; 7. name, and signature of IPK publishing officials; and 8. IPK's stamp/stamp instantiation stamp.

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Article 24 (1) In terms of the use of forest area or on the wood APL

not economically with the volume of most 50 cubic meters in one IPK candidate, then the permit holder does not require an IPK and have the right to perform activities including land opening and tree logging.

(2) Wood Potency as referred to in paragraph (1), the obligation to pay the replacement of the value of the tegakan based on the results of the forest treatises with intensity 100% (one hundred percent) for the wooden diameter above 30 cm, which is carried out by the Head of the Service District/City.

(3) Against the lumber yield as referred to in paragraph (1), after being paid off to the state of the replacement of tegakan, PSDH and DR can be transported with documents, processed and marketed.

BAB III REPLACEMENT OF THE TEGAKAN VALUE FROM THE ACTIVITIES OF THE PREPARATION

LANDS IN THE FOREST CONSTRUCTION OF THE PLANT

SECTION OF THE ORDER OF THE APPLICATION AND THE EXTENSION IUPHHK-HT

SECTION 25 OF THE ORDER OF THE APPLICATION AND EXTENSION OF THE IUPHHK-HT REFERS TO the applicable laws.

The Second Part Is Calculations And Reimburts Value Tegshall

Article 26 (1) of the timber results of the areal activities of land preparation in forest development

the plant is included in RKT. (2) Against the timber results as referred to in paragraph (1) the holder

IUPHHK-HT is required to: a. perform a forest treatise on an area of land preparation with

the intensity of 5% (five percent) for the tree is ≥ 30 cm in diameter and completed in the slowest term of 1 (one) months since the receipt of the warrant and making recapitulation Report of Forests Forest (LRH);

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b. recapitulation LRH as letter a is poured in the News Event used as the basis of RKT's enactment in accordance with applicable laws.

c. passing Statement of Supplies to pay reimbursed The value of the amount of land preparation activities created on paper stamps is sufficient to contain the company name, address, administrator name, and pay error.

(3) In terms of IUPHHK-HT holders do not utilize the wooden results as referred to in paragraph (1), given to other parties through the application of IPK which published by the Provincial Service Chief as referred to in Section 14.

Article 27 (1) of the timber company IUPHHK-HT follows the rules of the regulations

applicable laws. (2) IUPHHK-HT holders are required to pay the replacement of the tegakan value of

of the land preparation activities. (3) The wood volume for the calculation of the tegshall value is calculated based on

volume on the Production Results Report and completed in the slowest time of 1 (one) months since the receipt of the warrant and make recapitulation of the Report Forest Treatise (LRH);

b. pouring the recapitulation of LRH as referred to in the letter a in the News Event and signed by the company's administrator equipped the Integrity Pact containing the name, title, address, statement of truth execution of the forest treatise and could be able to use it. given the cancellation of the IPK if the implementation of the forest treatise is not true.

(2) The Recapitulation of LRH as rnction;

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c. submitted back to the permit prior to the expiration date.

(2) With the expiration of the IPK as referred to in paragraph (1), do not remove the obligation of Licensee for: a. Paid off the PSDH and DR payments; b. pay off payment reimburs; c. carry out all the provisions set out in order

end of the IPK in accordance with the applicable provisions. Article 42

(1) IPK may be revoked, if the holder of the IPK: a. not carry out real wood utilization activities in

time 30 (thirty) days since the publication of IPK; b. leaving the IPK area for 45 (forty-five) consecutive days-

not before the IPK ends; c. transfer the IPK without the permission of the permit; or d. Conducting a forestry criminal as set up in the Invite-

Invite Number 41 of 1999 jo. Law No. 19 of 2004.

(2) Sanctions of the revocation of the offence as referred to in paragraph (1) of the letter a, b, and c be preceded by a warning of 3 (three) times by half the time each warning of 20 (twenty) days, by the permission of the authorized third (s).

(3) Sanctions of the revocation to the breach as referred to in paragraph (1) of the letter d without being given a warning first after a court ruling of a fixed law of law remains.

CHAPTER IX OF SANCTIONS FOR THE TIMBER UTILIZATION PERMIT

Article 43 (1) IPK holders are subject to sanctions:

a. Criminal under Act No. 41 of 1999 jo. Invite-Invite Number 19 of 2004, in the event of logging outside the perforated area before acquiring an IPK.

b. A fine of 15 times the PSDH and plus the replacement of the timber value, if logging outside of the IPK area but still in the area of the permit permits.

(2) Licensee's other authorized permissions (such as plantation permits, transmigration, and -

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others) were sanctioned: a. Criminal under Act No. 41 of 1999 jo. Invite-

Invite Number 19 of 2004, if logging outside the area of permission to obtain before obtaining an IPK.

b. A fine of 15 times the PSDH and plus the replacement of the timber value, if logging in the areal clearance area, without having an IPK for the volume of more than 50 cubic meters.

(3) Tata method of imposition of sanction fines as Referred to in paragraph (1) letter b and verse (2) letter b refers to the Ordinance of the Minister of Forestry Number P. 39/Menhut-II/2008 on the Order of the Introduction of Administrative Sanctions Against Forest Utilization Permit.

CHAPTER X OF OTHER PROVISIONS

Article 44 (1) of this Regulation applies also to the construction of IUPHHBK-HT and

The utilization of forest results is not wood in IPK. (2) In terms of the areal that the IPK shall be encumbered for the forest result is not

wood, the permit for its guidance is included in the IPK. (3) In the case of the permit holder to perform the logging in the area

without IPK before it is issued this Regulation, then against the lumber it remains to be subjected to PSDH and DR.

CHAPTER XI PROVISIONS TRANSITION

Article 45 With the provisions of this Regulation, then: a. IPK which was published under the Decree of the Minister of Forestry Number SK

382 /Menhut-II/2004, remained in effect until the permit expired. B. The IPK application submitted under the Minister's Decision

Forest Number SK 382 /Menhut-II/2004, the next stage is processed according to this Regulation.

c. The Decree of the Minister of Forestry Decree No. 382 /Menhut-II/2004 of the Wood Expediency Permit was declared to be not applicable.

d. Against the RKT IUPHHK-HT which is running at the expiration of this Regulation, the mandatory replacement of the value of the tegwill is in accordance with this Regulation.

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BAB XII CLOSING provisions

Article 46 of the Ministry of Forestry Ordinance came into effect on the date of the promulcings. In order for everyone to know, the Ordinance of the Minister of Forestry is promulred by its discoverer in the News of the Republic of Indonesia.

Specified in Jakarta on 4September 2009 MINISTER OF FORESTRY REPUBLIC OF INDONESIA, H. M.S. KABAN

Was promulred in Jakarta on 4 September 2009 MINISTER FOR LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA, ANDI MATTALATTA

SDH and DR; c. create and deliver monthly reports on the implementation of IPK activities

in accordance with applicable laws; d. carrying out real activities at the field no later than 30 (three

twenty) days after the publication of IPK; e. carrying out IPK activities based on the Working Bagan; f. carrying out the forest results company from the IPK area as per the provisions

applicable laws; g. securing the IPK areal from a wide range of security disruptions and

forest fires; h. perform the IPK workspace areal limit; i. obtaining equipment permissions for the implementation of IPK; and j. obey any provision in the field of forestry.

Article 35 In preventing the misuse of IPK for plantation activities, then IPK is carried out: a. for an area of IPK phase I adjusted to the availability of the number of seedlings

available plantation plants; b. Next-stage IPK is given based on the ability

The widespread realization of plantation plant cultivation in the I IPK stage. BAB VI

WOODEN UTILIZATION PERMIT EXTENSION Section 36

(1) IPK is given the longest for a term of 1 (one) year, and can be extended.

(2) The application extension of IPK is delivered to: a. Head of the District/City Service for APL and Region Release

Forest; b. Head of Provincial Forest Service for the Pinjam Area Use the Area

Forest. Article 37

(1) The application of the IPK extension as referred to in Article 36 of the paragraph (2) is attached to the requirements:

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a. Location map please; b. proposal of land use; c. progress report of implementation of land use; d. IPK implementation realisation report from the previous year; e. the proof of proof of payment of PSDH and DR payment as well as the replacement

value of tegakan from the previous year's IPK implementation. (2) The application/mechanism application extension of IPK follows the provisions

granting IPK as set in this Regulation. BAB VII

COACHING, CONTROL, AND REPORTING FOR THE IMPLEMENTATION OF WOOD UTILIZATION PERMIT

Article 38 (1) The Director General conducts coaching and technical control over

IPK implementation published by the Head of Provincial Service. (2) The Head of the Provincial Service conducts coaching and technical control over

the implementation of IPK published by the Head of the Regency/City Service. Article 39

(1) The Head of the Provincial Service conducts control of the implementation of the IPK which is published in accordance with its authority.

(2) The Head of the Regency/City Service does control over the implementation of the IPK which is published according to its authority.

Article 40 (1) of the IPK Licensee is required to deliver a monthly report on the realization of IPK

to the Head of the District/City Service and the Head of the Provincial Service. (2) The Head of the Provincial Service and the Head of the Regency/City Service shall make

and deliver the recapitulation of the monthly report to the Director General over the realization of the IPK.

BAB VIII REMOVES WOOD UTILIZATION PERMIT

Article 41 (1) IPK delete due to:

a. The given term has expired; b. revoked by the licensor as a sa