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Government Regulation Number 76 In 2008

Original Language Title: Peraturan Pemerintah Nomor 76 Tahun 2008

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s referred to in Article 5 must use the criteria and standards:
a. activity location characteristic;
B. type of activities;
c. Land alignment;
D. Erosion control and waste;
e. revegetation; and
f. economic social development.

Section 7
Further provisions on the composition of general patterns, criteria, and standards of rehabilitation and forest reclamation as referred to in Article 3 to Section 6 are governed by the Minister's regulations.

BAB II
REHABILITATION

The Kesatu section
Common

Section 8
(1) The rehabilitation activities can be carried out in and outside the forest area.
.,, (2) Rehabilitation Activities within the forest area are carried out in all forests and forest areas except the nature reserve and the national park core zone.
.,, (3) The rehabilitation activities outside of the forest area are carried out in all critical lands.

Section 9
.,, (1) The entire forest, forest area, and critical land as referred to in Article 8 of the paragraph (2) and verse (3) are in some areas of DAS.
.,, (2) The rehabilitation activities as referred to in Article 8 are performed using DAS as a management unit.
.,, (3) DAS as referred to in paragraph (2) based on the prioritised DAS region.

Section 10
., (1) The DAS that is prioritised as referred to in Section 9 of the paragraph (2) is set by the Minister based on the least of the criteria:
., a., a. biophysical specific conditions;
B. social economic;
c. critical land on the upstream part of the DAS; and
D. The forest area is vulnerable to climate change.
.,, (2) The DAS priority as referred to a paragraph on (1) is set by the Minister after coordinating with the associated minister.

Section 11
(1) Rehabilitation Forests and lands organized through stages:
., a., a. planning; and
B. Execution.
., (1) Rehabilitation of forests and lands as referred to in paragraph (1) is organized based on general pattern, criteria, and standard rehabilitation of forests and lands as referred to in Article 3.

The Second Part
Planning

Paragraph 1
Common

Section 12
Forest rehabilitation planning and the land as referred to in Article 11 of the paragraph (1) letter a, consists of:
., a., a. Plans for Forest Rehabilitation Techniques and Land of the River Flow Area (RTkRHL-DAS);
B. Forest and Land Rehabilitation Management Plan (RPRHL); and
C. Annual Forest Rehabilitation And Land Rehabilitation Plans (RTnRHL).

Paragraph 2
Forest Rehabilitation Engineering Plan
and the River Stream Area Estate

Section 13
.,, (1) RTkRHL-DAS as referred to in Section 12 of the letter a, for each DAS management region, is compiled and set forth by the Minister.
(2) RTkRHL-DAS as referred to in paragraph (1) is compiled by referring to:
., a., a. the national forestry plan;
B. set space plan; and
c. Integrated DAS management plan and water resource management plan.
(3) The most recent RTkRHL-DAS load:
., a., a. forest recovery plans and land;
B. erosion control and sedimentation;
c. development of water resources; and
D. Institutional.
.,, (4) Further provisions on the order of the RTkRHL-DAS drafting are governed by the Minister ' s regulations.

Paragraph 3
Forest Rehabilitation Management Plan and Land

Section 14
.,, (1) The Forest and Land Rehabilitation Management Plan as referred to in Article 12 of the letter b, is compiled based on:
., a., a. RTkRHL-DAS;
B. administrative region;
c. forest management plans; and
., d. the potential for resources available, among others, power, infrastructure means, and funding.
(2) Forest Rehabilitation Management Plan and Land consists of:
., a., a. Rehabilitation Management Plan in the forest area (RPRH); and
B. "Rehabilitation Management Plan on land (RPRL)".

Section 15
.,, (1) The RPRH as referred to in Section 14 of the paragraph (2) the least bit of a policy and strategy, location, type of activity, institutional, financing, and the time-set.
.,, (2) The RPRH in the production forests and protected forests is set by the bupati/mayor.
(3) The RPRH on the conservation forest is set by the Minister.
.,, (4) Further provisions on the order of drafting the RPRH are set up with the Minister ' s regulations.

Section 16
.,, (1) the RPRL as referred to in Section 14 of the paragraph b (2) the least bit of the policy and strategy, location, type of activity, institutional, financing, and the time period.
(2) The RPRL is set by the bupati/mayor.
.,, (3) Further provisions on the order of drafting the RPRL are set up with the Minister ' s regulations.

Paragraph 4
The Annual Plan Of Forest Rehabilitation and Land

Section 17
.,, (1) The Annual Plan of Forests Forest and Land (RTnRHL) as referred to in Article 12 of the letter c is compiled based on RPRHL.
.,, (2) RTnRHL as referred to in paragraph (1) contains the design of forest and land rehabilitation activities, location details and volume of physical activities, requirements of cost, order, institutional, coaching, training, counseling, monitoring, and monitoring. Evaluation.

Section 18
.,, (1) The Annual Plan of Rehabilitation within the forest area (RTnRH) which has been burdened with the right or permission is composed by the holder of the right or permit holder.
(2) RTnRH unburdened rights or permission drawn up by the Minister.

Section 19
The Annual Rehabilitation plan on land (RTnRL) is set by the bupati/mayor.

Section 20
Further provisions on the order of the RTnRHL drafting as referred to in Article 17 to Section 19 are governed by the Minister ' s regulations.

The Third Part
Execution

Paragraph 1
and reclamation of forests as referred to in Article 3 include aspects:
., a., a. region;
B. Institutional; and
C. Technology.
.,, (2) The region aspect includes the certainty of handling of the area defined through the planning analysis based on the DAS ecosystem, clarity of land mastery status, and based on the function of the region.
., (3) The institutional aspects include competent human resources, effective organizations according to their respective framework of authority, and the working relationship.
.,, (4) The technology aspects include the application of technology defined by the suitability of local land or footprint, the level of community participation, and the provision of sufficient input.

Section 6
Forest reclamation, in addition to using criteria and standards a Section 34
.,, (1) To support the rehabilitation activities of the forest and the land as referred to in Article 21 of the paragraph (2) carried out activities included:
., a., a. the development of the flag;
B. forest rehabilitation technology and land;
c. The prevention and countermeasures of forest fires and land;
D. Counseling;
e. training;
f. Community empowerment;
G. coaching; and/or
h. Surveillance.
., (2) Further provisions on the activities of the rehabilitation support of forests and lands as referred to in paragraph (1) are governed by the Minister ' s regulations.

Paragraph 5
Forest Rehabilitation Executors and Land

Section 35
.,, (1) Rehabilitation Forests in the conservation forest areas are implemented by the Government except for the forest park.
.,, (2) The rehabilitation of forests on forest parks is exercised by the provincial government or the county/city government in accordance with its authority.
.,, (3) Rehabilitation Forests in the conservation forest as referred to in paragraph (1) and paragraph (2) exercised with the provisions must be:
., a., a. plant the local native plant type;
B. grow plants that fit the state of the local habitat; and
c. plant with various types of forest plants.

Section 36
.,, (1) Rehabilitation in areas of the production forest and protected forests whose rights are to be devolve to the State-owned Enterprises, or given forest utilization permits, or permit for use of forest areas is exercised by the holder of the right or permit.
.,, (2) Rehabilitation in areas of the production forest and protected forests that are unburdened with the right or permission exercised by the county/city government.
.,, (3) Rehabilitation in the production forest area and protected forests as referred to in paragraph (1) and paragraph (2) is exercised with the provisions of:
., a., a. the plant type that is planted must conform to the hydroorological function;
B. the planted plant can be monocultural or mixed; and
., c. as far as possible avoiding the kind of exotic plants or any kind of foreign plant.

Section 37
.,, (1) Rehabilitation Forests in areas of forest managed by agencies that are given the management of forest areas with special purpose is performed by the maintainer.
., (2) Rehabilitation in a forest area managed by indigenous legal communities as a customary forest, exercised by the customary legal society concerned.

Section 38
(1) The land rehabilitation is implemented by the county/city government.
.,, (2) Rehabilitation of land burdened rights to the land, be the duty and responsibility of the rights holder.

Section 39
., (1) Licensee's rights or permission holder in carrying out the rehabilitation of the forest and/or land as referred to in Article 36, Section 37, and Article 38 of the paragraph (2) may request assistance, service, and support from the Government, the provincial government, and the respective rights of the Government of the United States. The government of the district/city, and/or the non-governmental organization.
., (2) The use of the government, service, and support of the Government, provincial or municipal government/city as referred to in paragraph (1) is provided for forest and land rehabilitation activities with the purpose of protection and conservation.

Section 40
.,, (1) For successful rehabilitation activities then the Government, provincial government, or district/city government can provide an incentive, whether or not a convenience of service or award.
.,, (2) Further provisions of the awarding of incentives as referred to in paragraph (1) are governed by the Minister ' s regulations.

Paragraph 6
Utilization Of Forest Rehabilitation and Land Rehabilitation.

Section 41
.,, (1) The refinancing of forest rehabilitation results financed by the Government, provincial government, county/municipal governments are governed in accordance with the provisions of the laws.
.,, (2) The restoration of forest rehabilitation results exercised by the holder of the right or permit is governed in accordance with the provisions of the laws.
.,, (3) The restoration of land rehabilitation results is exercised by the holder of the right or permit holder.
.,, (4) The refinancing of land rehabilitation results financed by the Government, provincial government, and/or county/city government are governed by the Minister ' s regulations.

BAB III
FOREST RECLAMATION

The Kesatu section
Common

Section 42
.,, (1) Forest reclamation is carried out on land and forest vegetation on forest areas that have undergone soil surface changes and changes in soil closure.
.,, (2) The change of soil surface and the change of soil closure as referred to in paragraph (1) may occur as a result of:
., a., a. the use of the forest area; or
B. Natural disaster.

Section 43
(1) Forest Reclamation includes activities:
., a., a. the inventory of the location;
B. location assignment;
C. planning; and
D. Staging reclamation.
.,, (2) Forest Reclamation can be done on the activities of the former mining, construction of electrical networks, telephones, water installations, religious interests, security defense interests, or natural disasters.
., (3) In terms of forest reclamation activities as referred to in verse (2) in the former area of the mining area, it is done according to the course of the mining activities.
.,, (4) Forest Reclamation as referred to in paragraph (1) is carried out by the use of forest area permit holders for activities outside of forestry.

The Second Part
Location inventory

Section 44
., (1) The inventory of the location as referred to in Article 43 of the paragraph (1) of the letter a, is the activity of data collection and information on all areas of the forest area that will be disturbed and/or disturbed by the use of forest areas.
., (2) The inventory of locations is conducted through surveys to obtain primary data and secondary data collection of biophysical and social economic data, as well as forest area use work plans.
.,, (3) The activity of inventories results in numerical data and spatial data of all areas of the forest area that will be disrupted and/or disrupted by the use of forest areas.

The Third Part
Forest n to vegetatively and technical civilians as referred to in verse (1), the application of soil conservation techniques can be carried out through chemical engineering.

Section 33
Further provisions on the manner of the implementation of the rehabilitation of the forest and the estate as referred to in Article 21 up to Section 32 are governed by the Minister's regulations.

Paragraph 4
Forest Rehabilitation Support Activities and Land

d to in paragraph (1) the letter c is directed against the related parties.
.,, (5) the granting of directions as referred to in paragraph (1) of the letter d includes the activities of drafting plans, programs, and activities that are national.
.,, (6) Supervision as referred to paragraph (1) letter e addressed to the implementation of rehabilitation and reclamation of the forest.

Section 55
(1) The control includes activities:
., a., a. monitoring;
B. evaluation;
C. reporting; and
D. Follow up.
.,, (2) The monitoring activity as referred to in paragraph (1) the letter a is done to obtain data and information, policy and implementation of rehabilitation and reclamation of the forest.
.,, (3) The evaluation activities as referred to in paragraph (1) letter b are performed to assess the successful implementation of the rehabilitation and reclamation of the forests performed periodically.
.,, (4) The reporting activities as referred to in paragraph (1) of the letter c are performed to save the performance achievement associated with the process of achieving objectives and goals.
.,, (5) the follow-up activity as referred to in paragraph (1) of the letter c is a follow-up to the monitoring and evaluation of the restoration of the policy and implementation of rehabilitation and reclamation of the forest.
.,, (6) Further provisions on the assessment of the successful implementation of rehabilitation and reclamation of the forest as referred to in verse (3) are governed by the Minister's regulations.

Section 56
.,, (1) The results of the control conducted by the Minister, the governor, and the regent/mayor as referred to in Article 55 are actionable by the rehabilitation executors and reclamation of the forest.
.,, (2) The rehabilitation and reclamation of forests report the implementation of the outcome of the control to the Minister, the governor, and the bupati/mayor.

Section 57
Further provisions on the coaching and control guidelines as referred to in Article 54 to Section 56 are governed by the Minister ' s regulations.

The Third Part
Supervision

Section 58.
The provisions of the oversight as referred to in Article 53 of the paragraph (1) of the letter c are set in its own Government Regulation.

BAB VI
ADMINISTRATIVE SANCTION

Section 59
.,, (1) Licensee ' s rights or permission do not perform the rehabilitation of the forest and the estate as referred to in Article 21 of the paragraph (3), as well as the permit holder of the forest area which does not perform the forest reclamation as referred to in Article 48 verse (1), subject to the following:
., a., a. Reprimand, and/or
B. Cancellation.
(1), (1) the equivalent of a verse (1) is done by the Minister, the governor, or the regent/mayor according to his authority.
.,, (2) The cancellation as referred to in paragraph (1) of the letter b concerning the regional regulations in accordance with the provisions of the laws.
(3), (3) The cancellation of the term (1) of the letter b which concerns the use of forest utilization and/or the use of the use of the forest area is issued by the licensor according to its authority.

BAB VII
THE TRANSITION PROVISION

Section 60
.,, (1) Rehabilitation Forests and lands that have been implemented in the form of the National Movement Rehabilitation of forests and lands, or other forest rehabilitation programs and other lands remain in effect, and for further implementation must be adjusted to This government rules.
.,, (2) In terms of RTkRHL-DAS are not yet composed, then RTkRHL-DAS existing in the form of a Five-Year Rehabilitation Plan, considered RTkRHL-DAS.
.,, (3) In terms of RPRHL not yet composed, then RTnRHL can refer to the Five-Year Rehabilitation Plan.
.,, (4) Reclamation results that have been assessed and accepted by the Government in accordance with the provisions of the laws before the provisions of this Government ' s regulations, are declared valid and applicable.
.,, (5) Reclamation results that have not been assessed or have been assessed but have not yet received the Government, are governed in accordance with the provisions of the laws after coordinating with the Minister.

BAB VIII
CLOSING PROVISIONS

Section 61
At the time the Government ' s Ordinance comes into effect:
., a., a. RTkRHL-DAS drafting in Section 13 must be completed at least 1 (1) year; and
., b. The composition of the RPRHL as referred to in Article 14 to Article 16 should be finished at most 2 (two) years.

Section 62.
This Government Regulation shall come into effect on the date of the promulctest.

In order for everyone to know it, order the invitational of this Government Regulation with its placement in the State Sheet of the Republic of Indonesia.

.,, Set in Jakarta
on December 16, 2008
PRESIDENT OF THE REPUBLIC OF INDONESIA,

-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on December 16, 2008
THE MINISTER OF LAW AND HUMAN RIGHTS

ANDI MATTALATTA
.,, (5) the government, provincial government, and/or county/city government in accordance with its authority may provide facilitation in the implementation of forest reclamation carried out by the holder of the management and/or forest utilization permit holders.
.,, (6) Further provisions on forest reclamation guidelines on natural disaster areal are governed by the Minister ' s regulations.

BAB IV
THE ROLE AS WELL AS SOCIETY

Section 52
.,, (1) The rehabilitation activities and reclamation of forests are executed by engaging roles as well as the community.
.,, (2) The role as well as the public in rehabilitation and reclamation of forests can be carried out through public consultation, partnership, and information delivery.

BAB V
COACHING, CONTROL, AND OVERSIGHT

The Kesatu section
Common

Section 53
.,, (1) the Minister, governor, or bupati/mayor in accordance with his authority do:
., a., a. coaching;
B. control; and
C. Surveillance.
., (2) In order to ensure the treatment of rehabilitation and reclamation of the forest, the Minister in exercising his authority conducts coaching, control, and oversight of the governor's and bupati/mayor's policies.

The Second Part
Coaching and Control

Section 54
(1) Coaching includes the granting:
., a., a. guidelines;
B. guidance;
C. training;
D. direction; and/or
e. Supervision.
.,, (2) The giving of guidelines as referred to paragraph (1) of the letter a addressed to the staging of rehabilitation and reclamation of the forest.
.,, (3) the granting of guidance as referred to in paragraph (1) the letter b is directed against the drafting of the procedure and the work order.
.,, (4) the granting of training as referre