Regulation Of The Minister Of Forestry Number P 41/menhut-Ii/2008 Year 2008

Original Language Title: Peraturan Menteri Kehutanan Nomor P.41/Menhut- II/2008 Tahun 2008

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51cffa2b808800313233383139.html

! kc FORESTRY DEPARTMENT. AREA. Preservation. Asylum Nature. The management. The guidelines. BN 22-2008 Text copy _?.
Back NEWS of the REPUBLIC of INDONESIA No. 22, 2008DEPARTEMEN forestry. AREA. Preservation. Asylum Nature. The management. The guidelines.
REGULATION of the MINISTER of FORESTRY number: p. 41/MENHUT-II/2008 about the GUIDELINES for PREPARING the MANAGEMENT PLAN the AREA of ASYLUM and the NATURAL PRESERVATION of NATURE with the GRACE of GOD ALMIGHTY the MINISTER of FORESTRY,.,, Considering: a. that under article 12 and article 36 government regulations Number 68 in 1998 about the area of Natural Preservation and the Sanctuary of nature, a nature Refuge Area set and natural Conservation Area is managed based on the management plan;
.,, b. that based on considerations as the letter a, then need to set the rules for drafting the Guidelines of Ministry of forestry management plan area of Natural Preservation and the Sanctuary of nature;
.,, Considering: 1. Act No. 5 of 1990 concerning Conservation of natural Biodiversity Resources and their ecosystems (Gazette of the Republic of Indonesia Number 49 in 1990, an additional Sheet of the Republic of Indonesia Number 3419);
., ,2. Act No. 41 of 1999 on Forestry, as amended by Act No. 19 of 2004 (State Gazette of the Republic of Indonesia Number 167 in 1999, an additional Sheet of the Republic of Indonesia Number 3888);
., ,3. Act No. 32 of 2004 on local governance as amended several times with the Act No. 12 of 2008 (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437);
., ,4. Government Regulation Number 68 in 1998 about the area of Asylum and the Nature Conservation (Gazette of the Republic of Indonesia Number 132 of 1998, an additional Sheet of the Republic of Indonesia Number 3776);
., ,5. Government Regulation Number 44 in 2004 about Forestry Planning (State Gazette of the Republic of Indonesia Number 146 in 2004, an additional Sheet of the Republic of Indonesia Number 4452);
., ,6. Government Regulation number 6 of 2007 jo. Number 3 in 2008 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 16 in 2008, an additional Sheet of the Republic of Indonesia Number 4815);
., ,7. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance and local governance 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 regulation Number 187/M in 2004 on the establishment of a United Indonesia Cabinet, as amended Presidential regulation Number 20/P in 2005;
., ,9. Regulation of the Minister of forestry Number p. 13/Menhut-II/2005 as it has several times changed with the regulation of the Minister of forestry Number p. 15/Menhut-II/2008 about the Organization and the work of the Ministry of forestry;
., .10. Regulation of the Minister of forestry Number P. 02/Menhut-II/2007 about the Organization and the work of Implementing the technical Conservation of natural resources;
.,, 11. Regulation of the Minister of forestry Number p. 03/Menhut-II/2007 about the Organization and the work of Implementing the Technical Unit of the National Park;
M E M U T U S K A N:.,, set: MINISTER of FORESTRY REGULATION CONCERNING GUIDELINES for the PREPARATION of the MANAGEMENT PLAN the AREA of ASYLUM and the NATURAL PRESERVATION of nature.
CHAPTER I GENERAL PROVISIONS article 1 in this rule is:.,, 1. Area is the Natural Refuge with certain characteristics, both on land and in the waters that functions as the principal areas of preservation of the diversity of plants and animals and the ecosystem that also serves as a buffer system of life.
., ,2. Natural conservation area is a region with particular characteristics, both mainland as well as the waters had functioning of principal protection buffer system of life, preserving the diversity of plants and animals, as well as the sustainable utilization of natural resources, the ecosystem and biodiversity.
., ,3. Park Forest is a natural preservation area for the purpose of the collection of plants and wildlife or natural or not natural, original type and or not the kind of original, which are exploited for the benefit of research, science, education, support the cultivation, culture, tourism, and recreation.
., ,4. The management of the Natural and the Asylum Area Preservation is a concerted effort in planning, structuring, development, utilization, maintenance, supervision, protection, and his.
., ,5. Natural Area management plan Asylum and natural Conservation Area is a guide that contains the goals, activities, and tools necessary for the management of the area and the preservation of the natural sanctuary of nature.
., ,6. Long-term management plan is the macro-management plan that is based on studies compiled indicative aspects of ecology, economy and social participation, with attention to the cultural aspirations, cultural communities, and regional development plans/region.
., ,7. Medium-term management plan is a strategic management plan that is, qualitative, quantitative, and compiled based on a long-term management plan.
., ,8. Short term management plan is a management plan that is technically operational, qualitative and quantitative, and is arranged by the elaboration of a medium-term management plan.
., ,9. The Minister is the Minister delegated tasks and responsibility in the field of forestry.
., .10. The Director General is the Director-General entrusted tasks and responsibility in the field of forest protection and nature conservation.
.,, 11. The Technical Director is the Director of the delegated tasks and responsibility in the conservation area.
., 12. Implementing Technical conservation of natural resources is implementing organization technical tasks in the areas of conservation of natural resources, the ecosystem and biodiversity which is under and is responsible to the Director General of forest protection and nature conservation.
., 13. Technical implementing national park is the implementing organization for technical management of a national park that is under and is responsible directly to the Director General of forest protection and nature conservation.
.,, 14. Implementing the technical Area was the Organization of the technical task was implementing manage Tahura is under and responsible to the Office of provincial/district/city which handles forestry.
., 15. Dinas is a Department of the province/district/city which handles forestry.
.,,16. BAPPEDA is an agency at provincial/district/city which handles and responsible in the field regional development Planning.
., General Agreement. The parties are all parties who have an interest, concern, or interest against the existence of areas of natural preservation and the sanctuary of nature. The parties may come from the Central Government, local governments, community groups, individuals both locally, nationally, and internationally, NGOs, STATE-OWNED ENTERPRISES/LOCAL, BUMS, College of higher education, scientific institutions and the mass media.
., 18. SWOT analysis (Strength, Industry, Opportunities, Threats) analysis method is one that is based on a study of the Internal Environment i.e. aspects of strength (Strength) and weaknesses (Industry); as well as External aspects, namely environmental opportunities (Opportunities), and threats (Threats) for decision making.
Article 2, (1) guidelines for the preparation of the management plan the area of Asylum and the Natural Preservation of this nature is a reference in drafting plans for the management of the Natural and the Asylum Area Conservation Plan drawn up in order to be effective and efficient.
.,, (2) guidelines for the preparation of the natural Conservation Area management plan referred to in subsection (1) does not include the area of the park Forest Kingdom.
Article 3 Asylum Area management plan Nature and the preservation of nature, arranged through the stages of activity: a. the preparation of the management plan; and b. Endorsement management plan.

CHAPTER II PREPARATION of the MANAGEMENT PLAN is considered part of the Public Section 4.,, (1) Asylum Area Management Plan of nature and the natural Conservation Area, consisting of:.,, a. long-term management plan;

b. medium-term management plan;

c. short-term management plan.
.,, (2) management plan referred to in subsection (1) letter a drawn up for a period of 20 (twenty) years.
.,, (3) a management plan as referred to in paragraph (1) letter b composed for a period of 5 (five) years.
.,, (4) a management plan as referred to in paragraph (2) Letter c arranged for a period of 1 (one) year.
Article 5 preparation of the management plan the area of Asylum and the Nature Conservation activities, including: a. the establishment of the team work;

b. preparation of the work plan;

c. the collection of data and information;

d. the processing and analysis of data;

e. preparation of the management plan;

f. Discussion.

The second part is the preparation of a long-term management plan Section 6.,, (1) long-term management plan drawn up by the Working Team set up by the head of the Unit, i.e.: Technical Implementers, a., head of Technical Implementing conservation of natural resources; or b. Implementing Technical Unit Heads National Park.
.,, (2) the arrangement of the work team as mentioned in subsection (1) consists of a Chairman, a Secretary, and members, which include the elements:,, a. Implementing the relevant Technical Units;

b. BAPPEDA;

c. Service; and d. appropriate experts with interest.
.,, (3) team work as intended in paragraph (2) is responsible to the head of Unit Technical Implementers.
Article 7 (1) team work referred to in article 6 paragraph (3) is in charge of:.,, a. conduct the collection, management and analysis of data;

b. drafting plans for management, discussion and improvement.

.,, (2) to carry out the duties referred to in subsection (1), the team devised a plan of work the preparation of a long-term management plan that was passed by the head Unit Technical Implementers with load:.,, a. Framework of thought;

b. types and stages of the activity;

c. the method of collection and analysis of data, as well as the layout implementation time;

d. budget planning.
Article 8.,, (1) the collection of data and information in the preparation of long-term management plans covering aspects of ecological, economic, social and cultural.
.,, (2) ecological aspects of the Data and information referred to in subsection (1), among other things:.,, a. Characteristics and functions of ecosystems;

b. the Flora, fauna, and aquatic biota or;., c. physical Potential, which include the soil type, altitude, geology, landscape, kelerengan, symptoms of nature, natural phenomena, objects of tourist attraction, the closure of the vegetation, and or the depths of the Sea (bathimetri); d. condition of Watersheds (DAS) and water resources;

e. asylum area boundaries of nature and the preservation of nature;

f. Administrative Boundaries at different levels;

g. land use, land use and mastery or the surrounding waters;

h. Spatial Plan area (RTRW);

i. Regional Development Plan.
.,, (3) the economic aspects of the Data and information referred to in subsection (1), among other things:.,, a. Economic value of the area and natural resources;., b., business development and investment utilization in the area of asylum and the preservation of nature; c. utilization of natural resources by communities around the area;

d. infrastructure and facilities management;

e. infrastructure around the area;

f. regional development plans;

g. alternative funding sources.
.,, (4) Data and information on the social aspects of culture referred to in subsection (1), among other things:.,, a. Demographic Developments around the area;

b. traditional wisdom natural resource management of local communities;

c. Institutional, social capital, customs and local communities;., d., public perception and the local regional government against the region and its potential; e. human resources area manager;

f. Security of the area.
.,, (5) the Data and information referred to in subsection (1) may take the form of primary data and secondary data or.
Article 9.,, (1) the processing of data in the preparation of long-term management plan using methods that can be justified scientifically to generate information of the current situation, projections, and problem identification.
.,, (2) the results of the data processing referred to in paragraph (1), proceed with the analysis of the data can use the SWOT analysis.
Section 10.,, (1) based on the results of the processing and analysis of data as referred to in article 9 drawn up long-term management plan.
.,, (2) the long-term management plan referred to in subsection (1), contain:.,, a. clear goals and objectives;

b. Data, information, conditions and potential;

c. Referral activities within the framework of the priority policy management;

d. plan of action and activities necessary for the achievement of the objectives;

e. Financing and institutional arrangements for the implementation of the plan of action and activities;., f., Monitoring, assessment, coaching, supervision, control, and reporting as a feedback for the refinement of future plans.
.,, (3) Systematic long-term management plan in accordance with the provisions in the annex to this regulation.
Article 11 (1) of the long-term management plan discussed involve:., BAPPEDA, a.;

b. Service;

c. The parties concerned, in accordance with their interests.
.,, (2) the results of the discussion referred to in subsection (1) is poured in the News Events Discussion that is signed by at least three (3) people representative of the participants of the discussion.
.,, (3) when the results of the discussion there are things that need to be fixed, the work team did repairs, as well as convey the results of the long-term management plan improvements to the head of Unit Technical Implementers.
.,, (4) the results of the improvements referred to in paragraph (3) was signed by the head of Unit Technical Implementers.
Article 12.,, (1) a long-term management plan that has been corrected and signed by head of the implementing Technical Unit submitted to the Chairman of the BAPPEDA to get recommendations.
.,, (2) the recommendations referred to in subsection (1) to the area of natural preservation area or sanctuary of nature cross-district given by Chairman of the BAPPEDA Province.
.,, (3) long-term management plan referred to in subsection (1), together with the recommendation of the Chairman of the BAPPEDA submitted to technical Director to get pencermatan.
The third part is the preparation of medium-term management plan Article 13.,, (1) medium-term management plan drawn up every 5 (five) years and are the elaboration of a long-term management plan.
.,, (2) medium-term management plan is considered, compiled the longest one (1) year after such a long term management plan was passed.
.,, (3) medium-term management plan for the second, third and fourth, arranged one (1) year before the mid-term management plan which is still running over.
Clause 14.,, (1) medium-term management plan drawn up by the Working Team set up by the head of the Unit, i.e.: Technical Implementers, a., head of Technical Implementing conservation of natural resources; or b. Implementing Technical Unit Heads National Park.
.,, (2) the order of team work as intended in paragraph (1) is composed of the Chairman, the Secretary, members, which include the elements:,, a. implementing the relevant technical Units;

b. BAPPEDA;

c. Service; and d. experts in accordance with the interests of management.
.,, (3) team work as intended in paragraph (2), is responsible to the head of Unit Technical Implementers.
Article 15 (1) team work as stipulated in article 14 paragraph (3) is in charge of:.,, a. Conduct the collection, management and analysis of data;

b. drafting plans for management, discussion and improvement.
.,, (2) to carry out the duties referred to in subsection (1), the team compiled a work plan the preparation of medium-term management plan which was endorsed by the heads of the implementing Technical Unit with load:.,, a. types and stages of the activity;

b. methods of collection and analysis of data, as well as the layout implementation time;

c. budget planning.
Article 16.,, (1) the preparation of the medium-term management plan is considered, using the data and information that has been collected in the preparation of a long-term management plan.
.,, (2) the Data and information referred to in subsection (1) may take the form of primary data and secondary data or.
Article 17 for the preparation of the second medium-term management plan, third, and fourth is required: a. adjustment and updating of data and information;.,, b. evaluation of the implementation of the activities contained in the previous medium-term management plan.
Article 18.,, (1) the processing of data in the preparation of medium-term management plan using methods that can be justified scientifically to generate information of the current situation, projections, and problem identification.
.,, (2) the results of the data processing referred to in paragraph (1), proceed with the analysis of the data can use the SWOT analysis.
Section 19.,, (1) based on the results of the processing and analysis of data as referred to in article 18 mid-term management plan was drawn up.
.,, (2) medium-term management plan referred to in subsection (1), contain:.,, a. clear goals and objectives;

b. Data and condition information and potential;

c. Referral activities within the framework of the priority policy management;

d. plan of action and activities necessary for the achievement of the objectives;

e. Financing and institutional arrangements for the implementation of the plan of action and activities;., f., Monitoring, assessment, coaching, supervision, control, and reporting as a feedback for the refinement of future plans.
., Systematics, (3) medium-term management plan in accordance with the provisions in the annex to this regulation.
Article 20 (1) medium-term management plan discussed involve:., BAPPEDA, a.;

b. Service;

c. The parties concerned, in accordance with their interests.
.,, (2) the results of the discussion referred to in subsection (1) is poured in the News Events Discussion that is signed by at least three (3) people representative of the participants of the discussion.
.,, (3) when the results of the discussion there are things that need to be fixed, the work team did repairs, as well as convey the results of the mid-term management plan improvements to the head of Unit Technical Implementers.
.,, (4) the results of the improvements referred to in paragraph (3) was signed by the head of Unit Technical Implementers.
Article 21 mid-term management plan which has been corrected and signed by head of the implementing Technical Unit submitted to the Technical Director to get the endorsement.

The fourth part of short term management plan Drafting Article 22.,, (1) short term management plan drawn up each year and is the elaboration of a medium-term management plan.
.,, (2) short term management plan the Union compiled the longest one (1) year after the mid-term management plan is considered passed.
.,, (3) short-term management plan referred to in subsection (2) arranged for 1 (one) year ahead than in its compilation.
Article 23.,, (1) short term management plan drawn up by the Working Team formed by Implementing Technical Unit Head consisting of a Chairman, a Secretary, and a member, from the scope of the implementing Technical Unit in question.
.,, (2) team work as intended in paragraph (1), is responsible to the head of Unit Technical Implementers.
Pasal 24.,, (1) Team devised a plan of work preparation of short term management plan passed by the Head Unit Technical Implementers.

.,, (2) work plan preparation of short term management plan as referred to in paragraph (1) contains:.,, a. types and stages of the activity;

b. Governance implementation time;

c. budget planning.
Article 25.,, (1) short term management plan Drafting, use data and information that has been collected in the preparation of the management plan is long term and medium term management plan.
.,, (2) the Data and information referred to in subsection (1) may take the form of primary data and secondary data or.
Article 26.,, (1) for the preparation of short term management plan for the following year are needed:.,, a. adjustment and updating of data and information;.,, b. evaluation of the implementation of the activities contained in the short term management plan before.
.,, (2) preparation of management plan for short-term pay attention to the ability of infrastructure, human resources, finance, and the problems of the field.
Article 27 processing and data analysis in the preparation of short-term management plan using methods that can be justified scientifically.

Article 28.,, (1) based on the results of the processing and analysis of data as referred to in article 27, poured in the form of short-term management recana.
.,, (2) short term management plan referred to in subsection (1), contain:.,, a. clear goals and objectives;

b. Referral activities within the framework of the priority policy management;

c. plan of action and activities necessary for the achievement of the objectives;

d. institutional and Financing for implementation of the plan of action and activities;., e. Monitoring, assessment, coaching, supervision, control, and reporting as a feedback for the refinement of future plans.
., Systematics, (3) short-term management plan in accordance with the provisions in the annex to this regulation.
Article 29.,, (1) short term management plan discussed in the scope of Implementing the relevant Technical Units to get feedback perfected.
.,, (2) if the results of the discussion referred to in subsection (1) there are things that need to be fixed, the work team did repairs, as well as convey the results of short-term management plan improvements to Managing Technical Unit Heads to get the endorsement.
The Fifth Annual work plan section of article 30.,, (1) in terms of the long-term management plan and the medium-term management plan or have not been made or has not yet been enacted, implementation of management activities are based on the annual work plan.
.,, (2) the procedures of the preparation of the annual work plan in accordance with the provisions referred to in Article 23 s/d of article 29.
The sixth Joint drafting of the management plan on the basis of article 31 of the interests of the integrity of the ecosystem, then the management:.,, a. one or more of the area of the nature reserve and Wildlife Area or can be set as one area of management with a single management plan.
.,, b. one or more of the area of the National Park and Garden Area or nature tourism can be defined as an area management with one management plan.
CHAPTER III is considered part of the ENDORSEMENT of the Long-term management plan Article 32.,, (1) a long-term management plan for the area of nature reserves, Wildlife Areas, national parks, Nature Parks and the area that has been covered in the region, and signed by the head of Unit Technical Implementers as framers of the endorsement and recommendation sheet BAPPEDA, subsequently presented to the Technical Director to get pencermatan.
.,, (2) Technical Director within thirty (30) business days, doing the pencermatan long-term management plan, involving the Directorate of the scope of the Directorate General of forest protection and nature conservation.
.,, (3) when the results of pencermatan there are things that need to be fixed, technical director delivered a long-term management plan and the results of pencermatan to Head the implementing Technical Unit for repair.
.,, (4) Implementing Technical Unit Heads in writing within 30 (thirty) days of work to convey the results of the long-term management plan improvements to the technical director.
.,, (5) Technical Director delivering improvements to long-term management plan and the results of pencermatan to the Director-General to get the endorsement.
.,, (6) the Technical Director to sign a long term management plan referred to in subsection (5) as an Assessor.
.,, (7) the Director General signed a long-term management plan referred to in subsection (5) as Pengesah.
Article 33,, (1) long-term Management Plans as referred to in Article 32 that have been validated, communicated to:.,, a. Minister of forestry;

b. a Echelon I the scope of the Ministry of forestry;

c. Echelon II scope of the Directorate General of PHKA;

d. the Governor/Regent/Mayor;

e. BAPPEDA;

f. Service;

g. Technical Executing Unit concerned.
.,, (2) a long-term management plan that has been endorsed as referred to in section 32, socialized to the parties, by Implementing Technical Unit Heads.
The second medium-term management plan Section 34.,, (1) medium-term management plan for the area of nature reserves, Wildlife Areas, national parks, Nature Parks and the area that has been covered in the region, and signed by the head of Unit Technical Implementers as compilers on the next sheet of endorsement, conveyed to the Technical Director to get pencermatan.
.,, (2) Technical Director within thirty (30) business days, doing the pencermatan medium-term management plan.
.,, (3) when the results of pencermatan there are things that need to be fixed, the Technical Director of the conveying medium-term management plan and the results of pencermatan to Head the implementing Technical Unit for repair.
.,, (4) Implementing Technical Unit Heads in writing within 30 (thirty) working days to convey back the results of the mid-term management plan improvements to the Technical Director to get the endorsement.
.,, (5) Technical Director signed a medium-term management plan as referred to in paragraph (4) as Pengesah.
Article 35.,, (1) medium-term management plan as referred to in Article 34 that have been validated, communicated to:.,, a. Director General PHKA;

b. a Echelon II scope of the Directorate General of PHKA;

c. BAPPEDA;

d. Service;

e. Technical Executing Unit concerned.
.,, (2) medium-term management plan that has been endorsed as referred to in Article 34, socialized to the parties by the head Unit Technical Implementers.
The third part of short term management plan Section 36.,, (1) short term management plan area of nature reserves, Wildlife Areas, national parks, Nature Parks and the pencermatan done by the head of the technical Implementers, with Units involving officials: planning and coordinating technicians (PEH and POLHUT).
.,, (2) if the results of the pencermatan referred to in paragraph (1) there are things that need to be fixed, the work team did repairs, as well as convey the results of short-term management plan improvements to Managing Technical Unit Heads to get the endorsement.
.,, (3) head of Unit Technical Implementers signed short-term management plan referred to in subsection (2) as Pengesah.
Article 37 short term management plan that has been endorsed as referred to in Article 36, submitted to: a. Director General PHKA;

b. scope of the Directorate General II Esselon PHKA.

The fourth part management plan forest park Kingdom Article 38 long-term management plan, medium-term and short-term Forest Park Areas shall be governed by regulation of the Minister.

CHAPTER IV EVALUATION Article 39.,, (1) in terms of Asylum Area Management Plan of nature and Nature Conservation Areas are not in accordance with the current conditions, it can be done redenomination (review) Natural Refuge Area management plan and the preservation of nature.
.,, (2) the redenomination (review) as referred to in subsection (1) beginning with the evaluation or review.
.,, (3) the evaluation as referred to in paragraph (2) is performed by Implementing Technical Unit Heads.
Chapter V TRANSITIONAL PROVISIONS article 40 Asylum Area Management Plan of nature and the natural Conservation Area that has been drawn up and ratified before the entry into force of these regulations, is declared to remain valid.

CHAPTER VI COVER Article 41 of this regulation of the Ministry of forestry will take effect from the date set.

So everyone knows, this Minister of forestry Regulation enacted by its placement in the news of the Republic of Indonesia.

.,, Set in Jakarta on July 2, 2008 the MINISTER of FORESTRY M.S. KABAN h. Enacted in Jakarta on July 17, 2008 the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, ANDI MATTALATTA