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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BN 289-2009 .doc REPUBLIC INDONESIA No. 289, 2009 MINISTRY of FORESTRY. Permit Utilization. Land. Forest Plants. Replacement. REGULATION of the INDONESIAN MINISTRY of FORESTRY number: P. 58/Menhut-II/2009 on the REPLACEMENT VALUE of the FOREST FROM TIMBER UTILIZATION PERMIT and or FROM LAND PREPARATION in the DEVELOPMENT of FOREST PLANTS with the GRACE of GOD ALMIGHTY the MINISTER of FORESTRY of the REPUBLIC of INDONESIA, Considering: a. that the Public Explanations based on the Government Regulation number 6 of 2007 jo. Government Regulation number 3 of 2008 about the grammar of the forest and the preparation of forest management Plans, as well as the utilization of forests, in the production forest area can be converted and the use of forest areas with the status of the loan can be issued disposable wood utilization permission/permits utilization of non timber forest products with the use of the terms business license harvesting forest wood or wood not on natural forest as set forth in a government regulation. b. that in increasing the acceptance of the State not the tax (PNBP) forestry from timber forest products, then against the forest of the State forest through Hardwood Utilization Permission needs to be subject to reimbursement of the value of the forest;

2009, no. 289 2 c. that in the utilization of forest products timber in the forest plants include HTI activities preparation of land as stipulated in article 38 paragraph (2) the Government Regulation number 6 of 2007 jo. Government Regulation number 3 of 2008, in terms of the resulting wood from such activities then it can be utilized as a source of reception of the country instead of taxes (PNBP) forestry through the replacement value of the forest. d. that in connection with the above, it is seen the need to establish a replacement value of the forest from timber utilization permit and or from land preparation in the development of forest plants with regulation of the Minister of forestry. Recall:: 1. Act No. 23 of 1997 on environmental management (State Gazette of the Republic of Indonesia Number 68 in 2007, an additional Sheet of the Republic of Indonesia Number 3674); 2. Act No. 41 of 1999 on Forestry (State Gazette of the Republic of Indonesia Number 167 in 1999, an additional Sheet of the Republic of Indonesia Number 3888), as amended by Act No. 19 of 2004 concerning the determination of the Replacement Government Regulations Act No. 1 of 2004 on changes to the Act No. 41 of 1999 on Forestry into law (Gazette of the Republic of Indonesia Number 86 in 2004 Additional Sheets, the Republic of Indonesia Number 4412); 3. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437) as has been modified several times, the last by Act No. 12 of 2008 about the second amendment in the Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844); 4. Government Regulation Number 27 in 1999 about the analysis on environmental impact (State Gazette of the Republic 2009, no. 289 3 Indonesia Number 59 in 1999, an additional Sheet of the Republic of Indonesia Number 3838); 5. Government Regulation number 6 in 2007 about the grammar of the forest and the preparation of forest management Plans, as well as the utilization of the forest (State Gazette of the Republic of Indonesia number 22 in 2007, an additional Sheet of the Republic of Indonesia Number 4696) as amended by regulation of the Government No. 3 of 2008 (State Gazette of the Republic of Indonesia number 16 in 2008, an additional Sheet of the Republic of Indonesia Number 4815); 6. Government Regulation Number 35 Year 2002 about Reforestation Funds (State Gazette of the Republic of Indonesia Number 67 in 2002, an additional Sheet of the Republic of Indonesia Number 4207), as amended by government regulation Number 58 in 2007 (State Gazette of the Republic of Indonesia number 15 in 2008, an additional Sheet of the Republic of Indonesia Number 4813); 7. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local authorities and the regional Government of the province, Kabupaten/Kota (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737); 8. Presidential Decree Number 194/M in 2004 on the establishment of a United Indonesia Cabinet as it has been modified several times, the last by Presidential Decree Number 31/P in 2007; 9. Presidential Regulation No. 9 of 2005 about the position, tasks, functions, Organization, and the work of Ministries of the Republic of Indonesia as it has been modified several times, the last presidential regulation Number 20 in 2008; 10. Presidential Regulation No. 10 in 2005 about the Task and Organizational Unit Echelons I Ministries of the Republic of Indonesia, as has been modified several times, the last presidential regulation Number 50 in 2008;

2009, no. 289 4 11. Regulation of the Minister of forestry Number p. 18/Menhut-II/2007 Technical Instructions about procedures for the imposition, Collection and payment of provision of Resources of forests and Reforestation Fund; 12. Regulation of the Minister of forestry Number P. 55/Menhut-II/2006 about Administering forest products originating from the Forests of the country, as it has been modified several times, the last with a regulation of the Minister of forestry Number p. 8/Menhut-II/2009 (news of the Republic of Indonesia number 22 in 2009); 13. the regulation of the Minister of forestry Number p. 13/Menhut-II/2005 concerning the organisation of work and the Ministry of forestry as has been modified several times, with the number p. 64/Menhut-II/2008 (news of the Republic of Indonesia Year 2008 number 80). M E M U T U S K A N: setting: REGULATION of the MINISTER of FORESTRY of the REPLACEMENT VALUE of the FOREST FROM TIMBER UTILIZATION PERMIT and or FROM LAND PREPARATION in the CONSTRUCTION of FOREST PLANT CHAPTER I GENERAL PROVISIONS article 1 in this rule is: 1. a Wood Utilization Permit hereinafter the IPK is the permission to exploit forest products timber and/or wood instead of the production forest area converted , the use of production forest area or protected forest with the status of loan use, someone, and from the area of other uses (APP) has been given permission to use the land. 2. IUPHHK-HA is a business license is given to make use of forest products in the form of timber in natural forest on forest harvesting activities through production or logging, enrichment, maintenance, and marketing. 3. IUPHHK-HT is the business license granted to make use of forest products in the form of wood in the forest plants on forest production activities through land preparation, seeding, planting, maintenance, harvesting, and marketing.

2009, no. 289 5 4. IUPHHBK-HT is the business license granted to exploit forest products form instead of wood in the forest plants on forest production activities through land preparation, seeding, planting, maintenance, harvesting, and marketing. 5. The replacement value of the stands is the replacement value of the forest from the activities of the GPA and completion of land or in the construction of forest plants. 6. The value of the forest is the price which is paid on the basis of the report of the results of production (LHP). 7. the forest area is designated and certain regions or specified by the Minister to be maintained its existence as a forest remains. 8. State forest is a forest located on the land that is not encumbered by rights over the land. 9. Use of the forest area is an activity of the use of forest areas for the development of the outside activities of forestry without changing the status and functions of the principal forest areas through loan use forested areas. 10. Another Area of use (APL) is the area of the forest that are set on the basis of a decision of the Minister of forestry on the designation of forest area and the waters of the province, or based on the Use of forests (TGHK) Agreements being not a forest area. 11. the production forest area that can be converted is a production forest can be converted into allocation status or not forest area by way of the release of forest area or by someone with a decision of the Minister of forestry. 12. Release of forest areas is changing the status of the forest area becomes not a forest area with the decision of the Minister of forestry. 13. Exchange-traded forest area is an activity releasing forest area remains in the interest of development outside the forestry sector offset by inserting the replacement land status not forest area into a forest area remains. 14. Loan use forest area is the use of partial surrender of much good forest area that has been designated or assigned to another party for the benefit of development outside of forestry without changing the status, designation, and the function of the forest area. 15. Cooperative is a business entity that consists of a person or legal entity of cooperatives with underpinning its activities based on the principles of the cooperative movement as well as the people's economy which is based on the principle of family.


2009, no. 289 6 16. The treatise of the forest is an activity measurement, observation and record keeping against a planned tree will be cleared implemented with an intensity of 5% (five percent). 17. work is the work plan chart is imposed against the holder of the GPA. 18. CTR are work plan with a period of one (1) year which is a translation of RKUPHHK (work plan Wood forest products Utilization Effort). 19. Payment Warrants the replacement value of the stands As Compensation (SPP-GR) is the document that contains the value of the stands replacement liabilities payable by the compulsory pay. 20. The Treasurer of the recipient of the Department of Forestry is the civil servant Department of Forestry established by the Minister and given the task as well as the authority to receive and deposit to the State Treasury and mengadministrasikan replacement value of the forest. 21. The Minister is the Minister delegated tasks and responsibility in the field of forestry. 22. The Secretary-General is the Secretary General of the Ministry of forestry. 23. The Director General is the Director General of the delegated duties and responsibilities in the field of community forestry production. 24. The Director-General of Forestry Planologi is Director General of the delegated tasks and responsibility in the field of forestry planologi. 25. The Governor is the Governor of the province. 26. the Bupati/Walikota was the Chief organizer of the regional district/city government in accordance with the territory it works. 27. the Office of the province was given the following duties and responsibilities in the field of forestry in the region of the province. 28. Office of County/city is the service given duties and responsibilities in the field of forestry in the area of kabupaten/kota. 29. The head of the Hall is the head of Hall Monitoring Utilization of forest Production in accordance with the territory it works and is responsible to the Director General. 30. The Acting Collector SPP-GR is the official designated by the head of the Hall. 31. The Association of forest Concessions is APHI Indonesia.

2009, no. 289 7 CHAPTER II the REPLACEMENT VALUE of the FOREST FROM TIMBER UTILIZATION PERMISSION is considered part of the Area and the requirements of the applicant article 2 (1) the replacement value of the stands is carried out through the grant of GPA. (2) the Acreage that could be requested for GPA is: a. areal use (APL) that has saddled the permit allocation; b. forest area due to changes in the allocation of forest areas through the release of forest area or exchange-traded forest area; or c. forest areas due to the use of forest area by way of loan use forested areas. d. acreage of land preparation activities in the development of forest plants, which is not utilised by holders IUPHHK-HT. Article 3 (1) the awarding of the GPA as referred to in article 2 paragraph (2) letter a and b is given by the Regent of the implementation is done by the Head Office of Kabupaten/Kota. (2) the giving of the GPA as referred to in article 2 paragraph (2) Letter c and d is given by the Governor that the implementation is done by the Head Office of the province. Article 4 the Applicant may submit a GPA on the area referred to in article 2 paragraph (2) is: a. an individual; b. Cooperative; c. State-owned enterprises; d. Regional owned enterprises (BUMD); or e. a private owned enterprises (BUMS). The second part of the procedures for the granting of Discharge In GPA apps and forest area of article 5 (1) a petition for the CPI on the area referred to in article 3 paragraph (1), submitted by the applicant to the Head Office of Kabupaten/Kota with 2009, no. 289 8 cc to: a. Bupati/Walikota; b. the Director General; c. Planologi Director-General of forestry; d. the Head Office of the province; and e. the head of the Hall. (2) the Application referred to in subsection (1) is fitted the requirements: a. Photocopying Card population to individual applicants or applicant company Statute with changes; b. Photocopy permission land use designation as permit agriculture, forestry, fisheries, transport, the construction of settlements, infrastructure, development of means of communication and information published by the Minister, Governors or Bupati/Walikota according those powers, which legalised by the competent authority; c. a map location requested. Article 6 (1) a petition for the GPA does not meet the requirements referred to in article 5 paragraph (2), the Head Office of Kabupaten/Kota refused the petition within a period of fourteen (14) days from the time the petition is received. (2) the application for the GPA meets the requirements referred to in article 5 paragraph (2), the Head Office of Kabupaten/Kota requesting technical considerations to the Head Office of the province, with copy to the head of the Hall. (3) Technical Considerations as referred to in paragraph (2) enclosed with the petition requirements as referred to in article 5 paragraph (2). Article 7 (1) the Head Office of the province in a period of 7 (seven) working days from the date of receipt of the request for technical considerations as referred to in article 6 paragraph (2), publishes technical considerations or the denial to the Head Office of Kabupaten/Kota with copy to the Director-General, Regent/Mayor, and head of the Hall. (2) Technical Considerations Head the provinces based on the results of a study of the status of the forest area and the activities of the holder of the permit allocation (Superintendent of companies, offices and related technical personnel).

2009, no. 289 9 Article 8 (1) on the basis of technical considerations as mentioned in article 7 the Head Office of Kabupaten/Kota told the claimant to: a. perform a treatise on forest acreage that is requested with an intensity of 5% (five percent) to tree diameter > 30 Cm and completed within a period of at least 1 (one) months from receipt of the warrant and make a recapitulation Report Treatise forest (LRH); b. pour a recapitulation of LRH as stated on the letter a in the News Event and signed by the Executive Board of the company equipped the integrity Pact that contains name, title, address, statement of truth and able treatise execution sanctioned cancellation of PK when implementing forest treatise are incorrect. (2) the LRH Recapitulation as referred to in paragraph (1) letter b is used as the basis for determining the high fells Volume Estimates in decision GPA, set a Bank guarantee from the Government bank of magnitude 3/12 (three per twelve) of the estimated volume of wood, and make a statement of Willingness to pay for the replacement value of the stands of the GPA is made on paper part enough, contains the company name, address , the name of the Trustees, and the ability to pay. (3) in the case of the petition has been qualified as referred to in paragraph (1), the Head Office of Kabupaten/Kota gave a letter of approval to an applicant and the GPA required to: a. create a logging Plan for a period of 2 (two) months from the receipt of the Warrant; b. execute a setup block limit high fells GPA, and completed at least 2 (two) months from the receipt of the Warrant; c. deliver the Bank guarantee from Government banks; and d. delivered a statement of Willingness to pay for the replacement value of the stands of the GPA as referred to in paragraph (2). (4) in the event that meets the requirements as in paragraph (2) was published Decree Granting GPA. (5) in case the applicant does not carry out its obligations as referred to in paragraph (3), within a period of 2 (two) months subpoena GPA as referred to in paragraph (3) was cancelled.

2009, no. 289 10 article 9 Decision Granting GPA as referred to in article 8 paragraph (4) or mail the cancellation as referred to in article 8 paragraph (5), a copy of the/tembusannya submitted to: a. the Director General; b. the Bupati/Walikota; c. the Head Office of the province; d. Director General Planologi; and e. the head of the Hall. Article 10 (1) Upon the decision of granting the CPI as stipulated in article 8 paragraph (4), holders of logging activities GPA, Division bars, skidding, loading, transport, and unloading at the place of gathering of wood (TPK) set by the Head Office of Kabupaten/Kota and created Reports the results of production (LHP). (2) based on LHP as paragraph (1), subject to payment of the replace value of the forest. (3) in the event that there is a difference between the volume of LRH with LHP, wood volume is used as contained in the LHP. Article 11 (1) Administering timber yield GPA following the provisions of the laws applicable invitation. (2) the holder of the IPK is obliged to pay the replacement value of the stands of the GPA. (3) the Volume of timber for the calculation of the value of forest change is calculated based on the volume of Production Results on the report (LHP). Article 12 (1) in addition to the pay the replacement value of the forest as referred to in article 11 paragraph (2) the holder of the GPA is obliged to pay PSDH (provision of forest resources) and Dr. (Reforestation Funds) according to applicable legislation. (2) based on LHP as mentioned in section 11 subsection (3), officials of the Billers SPP-GR published SPP-GR to the holder of the GPA.


2009, no. 289 of 11 third section Ordinance Granting GPA in order to Borrow Use forest area chapter 13 Petition GPA on the area referred to in article 2 paragraph (2) Letter c, was published in the area of production forest or protected forest with the permission of loan use forested areas for the benefit of development outside the forestry activities as stipulated in the regulation of the Minister of Forestry of Loan Guidelines Use forested areas. Article 14 (1) a petition for the CPI on the area referred to in article 2 paragraph (2) Letter c and d presented to the head of Department of the province with a copy to: a. the Governor; b. the Director General; c. Planologi Director-General of forestry; and d. the head of the Hall. (2) the Application referred to in subsection (1) is fitted the requirements: a. Photocopying Card population to individual applicants or applicant company Statute with changes; b. Photocopy permission borrow use forested areas for the benefit of development outside the forestry activities as stipulated in the regulation of the Minister of Forestry of Loan Guidelines Use forested areas; c. a map location requested. Article 15 (1) a petition for the GPA does not meet the requirements referred to in Article 14 paragraph (2), the Head Office of the province rejected the petition within a period of fourteen (14) days from the time the petition is received. (2) the application for the GPA meets the requirements referred to in Article 14 paragraph (2), the Head Office of the province ask for technical considerations to the Director General, with a copy to the head of the Hall. (3) Technical Considerations as referred to in paragraph (2) enclosed with the petition requirements as referred to in article 14 paragraph (2).

2009, no. 289 12 article 16 (1) the Director General for a period of 7 (seven) working days from the date of receipt of the request for technical considerations as referred to in article 15 paragraph (2), publishes technical considerations or the denial to the Head Office of the province with a copy to the Governor, the Director General of the Forestry Department, the head of Planologi district/city, and the head of the Hall. (2) the Director General of technical Consideration based on the results of a study of the status of the forest area and the activities of the holder of the permit allocation (Superintendent of companies, offices and related technical personnel). Article 17 (1) based on technical considerations as mentioned in article 16 the Head Office of the province told the claimant to: a. perform a treatise on forest acreage that is requested with an intensity of 5% (five percent) to tree diameter ≥ 30 cm and completed within a period of at least 1 (one) months from receipt of the warrant and make a recapitulation Report Treatise forest (LRH); b. pour a recapitulation of LRH as stated on the letter a in the News Event and signed by the Executive Board of the company equipped the integrity Pact that contains name, title, address, statement of truth and able treatise execution sanctioned cancellation of the IPK when implementing forest treatise are incorrect. (2) the LRH Recapitulation as referred to in paragraph (1) letter b is used as the basis for determining the high fells Volume Estimates in decision GPA, set a Bank guarantee from the Government bank of magnitude 3/12 (three per twelve) of the estimated volume of wood, and make a statement of Willingness to pay for the replacement value of the stands of the GPA is made on paper part enough, contains the company name, address , the name of the Trustees, and the ability to pay. (3) in case the applicant has qualified as referred to in paragraph (1), the Head Office of the province provide a letter of approval to an applicant and the GPA required to: a. create a logging Plan for a period of 2 (two) months from the receipt of the Warrant; b. execute a setup block limit high fells GPA, and completed at least 2 (two) months from the receipt of the Warrant;

2009, no. 289 of 13 c. delivered a Bank guarantee from Government banks; and d. delivered a statement of Willingness to pay for the replacement value of the stands of the GPA as referred to in paragraph (2). (4) in the event that meets the requirements of paragraph (3) as published a decision Granting GPA. (5) in case the applicant does not carry out its obligations as referred to in paragraph (3) within 2 (two) months subpoena GPA as referred to in paragraph (3) was cancelled. Article 18 Decisions Granting GPA as referred to in article 17 paragraph (4) or mail the cancellation as referred to in article 17 paragraph (5), a copy of the/tembusannya submitted to: a. the Director General; b. the Governor; c. Planologi Director-General of forestry; d. the head of Hall article 19 (1) based on the decision of granting the CPI as referred to in article 17 paragraph (4), holders of logging activities GPA, Division bars, skidding, loading, transport, and unloading at the place of gathering of wood (TPK) established by the head of the province and made a production Report (LHP). (2) based on LHP as paragraph (1), subject to payment of the replace value of the forest. (3) in the event that there is a difference between the volume of LRH with LHP, wood volume is used as contained in the LHP. Article 20 (1) Administering timber yield GPA following the provisions of the laws applicable invitation. (2) the holder of the IPK is obliged to pay the replacement value of the stands of the GPA. (3) the Volume of timber for the calculation of the value of forest change is calculated based on the volume of Production Results on the report (LHP).

2009, no. 289 14 Article 21 (1) in addition to the pay the replacement value of the forest as referred to in article 8 paragraph (2) the holder of the GPA is obliged to pay PSDH and Dr. According to applicable legislation. (2) based on LHP as stipulated in article 8 paragraph (3), the official Collector SPP-GR published SPP-GR to the holder of the GPA. The fourth part of the wood Utilization Permission Granting Priority to article 22 (1) Granting priority to the GPA: a. Perhutani in CPI locations derived from the working area Perhutani; b. the Permit holder of the Loan Use forested areas or the holder of the permit Allocation towards the stands of timber in the forbidden area. (2) in the event that permission is in sharing areal borrow IUPHHK-HA or IUPHHK-RE or IUPHHK-HT or IUPHHK-HTR then awarding priority to the holder of the GPA IUPHHK-HA or IUPHHK-RE or IUPHHK-HT or IUPHHK-HTR. (3) in terms of who gets the priority referred to in paragraph (1) and paragraph (2) do not use the opportunity to exploit the forest wood from the area of the works, then the GPA can be requested and given to the other party. Article 23 the decision Granting the CPI by the Head Office of Kabupaten/Kota referred to in article 8 paragraph (4) or the decision Granting the CPI by head of Department of the province as stipulated in article 18 paragraph (4), at the lack of load: 1. the name and address of the holder of the permit; 2. layout and spacious location GPA; 3. the number, volume and type of round wood to be produced; 4. rights, obligations and restrictions the holder of the GPA; 5. the period of introduction of the IPK; 6. place and date of the publication of the GPA; 7. the name and signature of the acting publisher of the GPA; and 8. stamp/stamp agencies/officials of the Publisher of the GPA.

2009, no. 289 15 Article 24 (1) in the case in the area of loan use forested areas or on the APP is not economical with the volume stands at most 50 cubic meters in one candidate's GPA, then the holder of the permit does not require a GPA and has the right to undertake activities including the opening of land and deforestation. (2) the potential timber referred to in subsection (1), subject to the obligation to pay the replacement value of the forest based on the results of the treatise of the forest with an intensity of 100% (one hundred percent) to wood diameter up to 30 cm, which is done by the Head Office of Kabupaten/Kota. (3) against the wood of the high fells of the results referred to in paragraph (1), after having repaid their obligations to the State in the form of reimbursement of the value of the forest, PSDH and DR can be transported with equipped document, processed and marketed. CHAPTER III of the REPLACEMENT VALUE of the FOREST LAND PREPARATION ACTIVITIES in the DEVELOPMENT of FOREST PLANTS is considered part of The Application and an extension of IUPHHK-HT Article 25 procedures application and extension IUPHHK-HT refers to the legislation in force. The second part of the calculation of the value of the forest and the replacement of Article 26 (1) results of wood from the area of land preparation activities in the development of forest plants included in the CTR. (2) against the results of the timber referred to in subsection (1) the holder of IUPHHK-HT are required to: a. perform a treatise on forest acreage of land preparation activities with an intensity of 5% (five percent) to tree diameter ≥ 30 cm and completed within a period of at least 1 (one) months from receipt of the warrant and make a recapitulation Report Treatise forest (LRH);


2009, no. 289 16th b. recapitulation of LRH referred to a News event that poured in were used as the basis of CTR the attestation in accordance with the applicable legislation. c. delivered a statement of Willingness to pay for the replacement value of the forest from the results of the activities of the preparation of the land made on paper part simply contains the company name, address, the name of the Trustees, and the ability to pay. (3) in case the holder IUPHHK-HT does not exploit the results of the timber referred to in subsection (1), is given to the other party through the GPA application published by the Head Office of the province referred to in Article 14. Article 27 (1) Administering timber IUPHHK-HT following the provisions of the applicable legislation. (2) the holder IUPHHK-HT is obliged to pay the replacement value of the forest land preparation activities. (3) the Volume of timber for the calculation of the value of forest change is calculated based on the volume of Production Results on the report (LHP). Article 28 (1) in addition to the pay the replacement value of the forest as referred to in article 27 paragraph (2) the holder IUPHHK-HT obliged pay PSDH and Dr. According to applicable legislation. (2) based on LHP as stipulated in article 27 paragraph (3), the official Collector SPP-GR published SPP-GR to holder IUPHHK-HT. CHAPTER IV PROCEDURES for the IMPOSITION and REMITTANCE of the REPLACEMENT VALUE of the STANDS of the GPA and COMPLETION of the ACTIVITIES or LAND in the DEVELOPMENT of the FOREST is considered part of the ANAMAN Ordinance To Permit Holders of timber Utilization of article 29 (1) officials of the billers SPP-GR as stipulated in article 12 paragraph (2) and article 9 paragraph (2) publish SPP-GR based on benchmark prices set by trade ministers reduced Liability PSDH , DR and production costs.

2009, no. 289 17 (2) the cost of production as in subsection (1) is designated by the Minister having regard to consideration of the Director-General and the input from Indonesia Forest employers Association (APHI) and can be published every six months. Article 30 (1) SPP-GR as referred to in article 12 paragraph (2) and article 9 paragraph (2) ditembuskan to: a. the first Sheet to be obliged to pay; b. the second Sheet for the Head Office of district/city; c. the third Sheet for the Head Office of the province; d. Fourth Sheet to the head of the Hall; e. Fifth Sheet to archives Officials Billers. (2) based on the SPP-GR as referred to in paragraph (1) the holder of the GPA make payments to accounts of the Treasurer of the recipient. (3) Receipt referred to in subsection (2) is submitted to the head of the Hall and to the Officials the Publisher SKSKB for published Legal Affidavits Logwood (SKSKB). (4) against the awarding of the GPA as stipulated in article 3 paragraph (1), the head of the porch every 3 (three) months obligatory submit a report upon the issuance of the SPP-GR to the Director General, with a copy to the Secretary General, head of Department and head of Department of the province, Kabupaten/Kota. (5) for the giving of the GPA as stipulated in article 3 paragraph (2) the head of the Hall every 3 (three) months obligatory submit a report upon the issuance of the SPP-GR to the Director General, with a copy to the Secretary General and head of Department of the province. The second part of the Ordinance To Land Preparation Activities in the construction of Forest Plant article 31 (1) officials of the billers SPP-GR as stipulated in article 28 paragraph (2) publish SPP-GR based on benchmark prices set by trade ministers reduced Liability, DR PSDH and the cost of production.

2009, no. 289 18 (2) the cost of production as referred to in subsection (1) is designated by the Minister having regard to consideration of the Director-General and the input from Indonesia Forest employers Association (APHI) and can be published every six months. Article 32 (1) SPP-GR as referred to in Article 28 paragraph (2) ditembuskan to: a. the first Sheet to be obliged to pay; b. the second Sheet for the Head Office of district/city; c. the third Sheet for the Head Office of the province; d. Fourth Sheet to the head of the Hall; e. Fifth Sheet to archives Officials Billers. (2) based on the SPP-GR as referred to in paragraph (1) the holder of IUPHHK-HT make a payment to the account of the Treasurer of the recipient. (3) Receipt referred to in subsection (2) is submitted to the head of the Hall, and to the Officials the Publisher SKSKB for published Legal Affidavits Logwood (SKSKB). (4) the head of the Hall every 3 (three) months obligatory submit a report upon the issuance of the SPP-GR to the Director General, with a copy to the Secretary General and head of Department of the province. CHAPTER v. rights, obligations and RESTRICTIONS for the HOLDER of the PERMIT UTILIZATION of the WOOD Article 33 the holder of the IPK has the right as follows: a. carry out logging activities in accordance with the permissions granted; and b. carry out transport, processing and or marketing top forest products timber referred to in letter a in accordance with the applicable provisions. Article 34 the holder is obligated to carry out the provisions of the GPA as follows: 2009, no. 289 19 a. pay the replacement value of the stands of the GPA; b. Pay PSDH and DR; c. create and deliver monthly reports on the implementation of the activities of the GPA in accordance of legislation; d. conduct real field no later than thirty (30) days after publication of the GPA; e. carry out activities based on GPA Chart work; f. implement the administering forest products from the area of the GPA in accordance with legislation in force; g. securing acreage GPA from a wide variety of security disturbances and forest fires; h. do the work area boundaries layout GPA; i. obtaining permission for the implementation of the GPA; and j. comply with all provisions in the field of forestry. Article 35 in preventing abuse of the GPA for the estate, then the GPA conducted: a. for wide GPA of phase I adjusted to availability the amount of plant seed orchards are available; b. granting broad IPK the next stage are given based on the ability of the realization of the vast plantation planting plants in phase I the IPK. CHAPTER VI EXTENSION PERMITS the UTILIZATION of WOOD Article 36 (1) of the GPA were given the longest for a period of one (1) year, and can be extended. (2) the application for an extension of the GPA submitted to: a. Head Office of Kabupaten/Kota to APL and release of forest areas; b. the Provincial Forestry Department Head for areal Borrow Use forested areas. Article 37 (1) the application for an extension of the GPA as stipulated in article 36 paragraph (2) with the enclosed terms: 2009, no. 289 20 a. map a location requested; b. land use proposals; c. progress report on the implementation of land use; d. report on the realisation of the implementation of the GPA from the previous year; e. payment proof PSDH and DR as well as the replacement of the value of the forest from the implementation of the GPA in previous years. (2) the procedure for application for extension of the mechanism/GPA follow provisions granting GPA as set forth in this rule. CHAPTER VII CONSTRUCTION, control, and reporting for WOOD UTILIZATION PERMITS IMPLEMENTATION of article 38 (1) the Director General do coaching and technical control over the implementation of the GPA, published by the Head Office of the province. (2) the Head Office of the province doing coaching and technical control over the implementation of the GPA, published by the Head Office of Kabupaten/Kota. Article 39 (1) the Head Office of the province of controlling the implementation of the GPA were published according those powers. (2) the Head Office of district/city controlling over implementation of the GPA issued according those powers. Article 40 (1) the holder of a compulsory monthly report GPA upon realization of the GPA to the Head Office of Kabupaten/Kota and the Head Office of the province. (2) the head of Department and head of the Provincial Office of Kabupaten/Kota is obliged to make and deliver a recap of the monthly reports to the Director-General upon the realization of the GPA. CHAPTER VIII HAPUSNYA PERMITS the UTILIZATION of WOOD Article 41 (1) delete the GPA because: a. the given time period has ended; b. the permit revoked by the giver as a sanction;

2009, no. 289 21 c. handed back to the giver of the consent prior to the period of the permit expires. (2) with the expiration of the GPA as referred to in paragraph (1), does not remove the obligation of the holder of the permit to: a. pay the payment PSDH and DR; b. pay off the payment of reimbursement of the value of the forest; c. carry out all the provisions set out in the order end of the GPA in accordance with the applicable provisions. Article 42 (1) GPA can be revoked if the holder of the IPK: a. does not implement in the real wood utilization activities within thirty (30) days from the publication of the GPA; b. leave the area of the IPK for 45 (forty five) days continously bandwagon before the GPA ended; c. memindahtangankan GPA without the express permission of the giver of the consent; or d. doing criminal acts of forestry as set forth in Act No. 41 of 1999 jo. Act No. 19 of 2004. (2) for the removal of Sanctions against the offences referred to in subsection (1) letter a, b, and c are preceded by warnings as much as 3 (three) times with grace period of each warning 20 (twenty) days, by the giver of the consent. (3) revocation of Sanctions against the offences referred to in subsection (1) letter d without prior warning was given after a court ruling there. CHAPTER IX SANCTIONS to PERMIT UTILIZATION of the WOOD Article 43 (1) the holder of the IPK penalized: a. Criminal based on Act No. 41 of 1999 jo. Act No. 19 of 2004, when doing the felling outside the acreage allotment permit before obtaining a GPA. b. a fine of 15 times PSDH and plus replacement value of forest wood, when doing the felling outside the area of the GPA but still within the area of the permit allocation. (2) the holder of a valid permit others (such as permit plantations, transmigration, and other


2009, no. 289 22) penalties: a. Criminal based on Act No. 41 of 1999 jo. Act No. 19 of 2004, when doing the felling outside the acreage allotment permit before obtaining a GPA. b. a fine of 15 times PSDH and plus replacement value of forest wood, when doing the logging area permit allocation, without having a GPA for volume stands over 50 cubic meters. (3) imposition of fines sanctions procedures as referred to in paragraph (1) letter b and paragraph (2) letter b refers to the regulation of the Minister of forestry Number P. 39/Menhut-II/2008 concerning the procedures for the imposition of Administrative Sanctions Against the holder of the permit utilization of the forest. CHAPTER X miscellaneous PROVISIONS Article 44 (1) this rule applies also to the construction of the IUPHHBK-HT and utilization of non timber forest products in the GPA. (2) in the event on acreage that will be burdened GPA there is non timber forest products, permit its utility included in the GPA. (3) in the event that the holder of the permit allocation do diarealnya without logging GPA prior to this rule, then against wood harvested remains subject to PSDH and DR. CHAPTER XI TRANSITIONAL PROVISIONS Article 45 With the establishment of this rule, then: a. the CPI published based on the decision of the Minister of forestry Number 375/SK Menhut-II/2004 remain valid until the permit expires. b. Petition the GPA have been proposed based on the decision of the Minister of forestry Number 375/SK Menhut-II/2004, the next step is processed in accordance with this regulation. c. the decision of the Minister of forestry Number 375/SK Menhut-II/2004 about Wood Utilization Permission stated does not apply. d. Against CTR IUPHHK-HT in progress at the time of entry into force of this regulation, subject to the obligation of the replacement value of the forest in accordance with these rules.

2009, no. 289 23 CHAPTER XII CLOSING PROVISIONS Article 46 this Forestry Ministerial Regulation comes into force on the date of promulgation. So everyone knows, this Minister of forestry Regulation enacted by its placement in the news of the Republic of Indonesia. Established in Jakarta on June 4September 2009 MINISTER of FORESTRY of INDONESIA, h.e. M.S. KABAN Enacted in Jakarta on September 4, 2009 the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, ANDI MATTALATTA