Government Regulation No. 2 Of 2008

Original Language Title: Peraturan Pemerintah Nomor 2 Tahun 2008

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4e33ab8420a2b0313231323238.html

! kc STATE BUDGET. Taxes. PNBP. The Department Of Forestry. PP 2-2008ul {margin-bottom: 0; margin-top: 0; margin-left: 10pt;} Text copy _?.
Back COUNTRY SHEET REPUBLIC of INDONESIA No. 15, 2008 (Additional explanation in the State Gazette of the Republic of Indonesia Number 4813) GOVERNMENT REGULATION of the REPUBLIC of INDONESIA number 2 in 2008 ABOUT the TYPE and PRICE of the ABOVE TYPES of ACCEPTANCE STATE INSTEAD of TAXES that are DERIVED FROM the USE of FOREST AREAS for the BENEFIT of DEVELOPMENT OUTSIDE the FORESTRY ACTIVITIES APPLICABLE to the DEPARTMENT of FORESTRY with the GRACE of GOD ALMIGHTY the PRESIDENT of the REPUBLIC of INDONESIA ,.,, Considering: that in order to obtain compensation for its forested areas for the sake of development of the outside activities of forestry and to implement the provisions of article 2 paragraph (2) and paragraph (3) and article 3 paragraph (2) of Act No. 8 of 1997 about the acceptance of the State is not a Tax, it needs to establish government regulation about the type and price of the above types of Acceptance State instead of taxes that are derived from the use of forest areas for the benefit of Development outside the Forestry Activities applicable to the Department of Forestry;
.,, Considering: 1. Article 5 paragraph (2) of the Constitution of the Republic of Indonesia in 1945;
., ,2. Act No. 8 of 1997 about the acceptance of the country instead of taxes (State Gazette of the Republic of Indonesia Number 43 in 1997, an additional Sheet of the Republic of Indonesia Number 14);
., ,3. 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);
., ,4. Government Regulation number 22 of 1997 and about the types of Deposit Receipts State instead of taxes (State Gazette of the Republic of Indonesia Number 57 in 1997, an additional Sheet of the Republic of Indonesia Number 3694) as amended by the Government Regulation Number 52 in 1998 (Gazette of the Republic of Indonesia Number 85 in 1998, an additional Sheet of the Republic of Indonesia Number 3760);
DECIDED:.,, set: GOVERNMENT REGULATION of the TYPE and PRICE of the ABOVE TYPES of ACCEPTANCE STATE INSTEAD of TAXES that are DERIVED FROM the USE of FOREST AREAS for the BENEFIT of DEVELOPMENT OUTSIDE the FORESTRY ACTIVITIES APPLICABLE to the DEPARTMENT of forestry.
Section 1.,, (1) the type of Tax in the country of Reception rather than government regulations it is the acceptance of the country instead of taxes that are derived from the use of forest areas for the benefit of development outside the forestry activities of the forest area in the top 30% (thirty percent) of the vast watershed and/or the island.
.,, (2) the rate of acceptance State instead of Tax referred to in subsection (1) is calculated based on the following formula:.,, PNBP = (L1 x rate) + (4 x L2 x rate) + (2 x L3 x tariff) Rp/year.
.,, L1 is an area disturbed because of the use of forest areas for ancillary infrastructure permanent openings and mine during the period of use of forest area (ha).
.,, L2 is the area disturbed due to the use of the forest area which are temporarily the reclamation can be done technically (ha).
.,, L3 is the area disturbed due to the use of permanent forest areas which technically cannot be done the reclamation (ha).
., (3), type and price of the above types of Acceptance State instead of the Tax referred to in subsection (1) and paragraph (2) is as set out in the annex to this Regulation.
.,, (4) further Provisions on the supporting infrastructure that is permanent, the mine openings, and the use of the forest area which are temporarily and permanently arranged with Minister of forestry Regulation based on the proposal of the Minister of technical related.
Article 2 the whole acceptance of the Country instead of Taxes referred to in article 1 the mandatory deposited directly as soon as possible to the State Treasury.

Article 3 types of acceptance of a country not a Tax referred to in article 1 in the form of tariff has units of dollars.

Section 4.,, (1) against the use of forest areas for the sake of development of the outside activities of forestry that is non-commercial use subject to a tariff of Rp0,00 (zero dollars).
.,, (2) further Provisions regarding the use of forest areas for the sake of development of the outside activities of forestry that is non-commercial use as intended in paragraph (1) are governed by regulation of the Minister of forestry.
Article 5 procedures for the imposition, collection, remittance and receipt of State instead of the Tax referred to in article 1 is regulated further by the Secretary of the Treasury after receiving proposals and consideration in writing from the Minister of forestry.

Article 6 the user forest area for the sake of development of the outside activities of forestry who have completed the compensation liability of land before the entry into force of this Regulation, are not subject to the State's Acceptance rate is not a Tax referred to in article 1.

Article 7 this Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Regulation with its placement in the State Gazette of the Republic of Indonesia.

.,, Set in Jakarta on February 4, 2008 The PRESIDENT of the REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on February 4, 2008 the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, STATE GAZETTE SUPPLEMENTARY MATTOANGIN RI No. 4813 (explanation of State Gazette No. 15 in 2008) EXPLANATION for the REGULATION of the GOVERNMENT of the REPUBLIC of INDONESIA number 2 in 2008 ABOUT the TYPE and PRICE of the ABOVE TYPES of ACCEPTANCE STATE INSTEAD of TAXES that are DERIVED FROM the USE of FOREST AREAS for the SAKE of DEVELOPMENT of the OUTSIDE ACTIVITIES FORESTRY PREVAILING at the FORESTRY DEPARTMENT i.., forest resources, Indonesia is the gift of God Almighty as the receptacle of human life through a variety of functions. Loss of function of the forest resulting in a disaster such as floods, droughts, the loss of biodiversity, food reserves, reserves of medicines, the results of wood and nonkayu, and others. Therefore, it is the object of forest resource at the same time the subject of strategic development.
.,, The use of forest areas for the benefit of development outside the forestry activities that are currently performed, not yet fully give an appreciation of the value of forest benefits are lost. The value of forest benefits among other compensations is in the form of land compensation, but compensation land is difficult to obtain. Therefore, it needed a replacement value against the compensation land.
.,, With respect to the meaning of the above and in order to meet the provisions of Act No. 8 of 1997 about the acceptance of the State is not a Tax, it needs to set the type and price of the above types of Acceptance State instead of taxes that are derived from the use of forest areas for the sake of development of the outside activities of forestry.

II. For the SAKE of ARTICLE ARTICLE article 1, paragraph (1), quite obviously, subsection (2), based on the formula, calculation of PNBP, with examples as follows:.,, a. use of production forest area to open mines that are moving horizontally (horizontal open mine), an area of agreement = 50,000 ha which his rope operations from 2006-2036 Broad permission borrow use forest area in the production forest area in 2006-2011 identified = 12,500 ha , with details: infrastructure (roads, housing, means of processing) = 800 ha Wide openings mine = 1,400 ha Stockpiling materials/waste dump = 2,400 ha Acreage unopened = 7,900 ha mine Openings that cannot be reclaimed can be determined in the year 2035, ahead of the closing of the mine.
The first year is PNBP calculation: (L1 x rate) + (4 x L2 x rate) + (2 x L3 x rate) = [(800 + 1400 ha ha) x Rp 2,400,000] + (2400 ha x 4 x Usd 2,400,000) + (0 x Rp 2,400,000 ha) = Rp Rp + 5.280.000.000 23.040.000.000 + 28.320.000.000 = Rp Rp0 PNBP second year Calculation is: Reclamation has been reported by the company to the Minister of forestry, was successfully performed on an area covering an area of 100 ha =. The expansion of the mine openings in the second year covering an area of 200 ha, so vast is the mine openings 1400 ha-ha ha 100 + 200 = 1500 ha. There is no addition of facilities and infrastructure of the mine.

(L1 x rate) + (4 x L2 x rate) + (2 x L3 x rate) = [(800 + 1500 ha ha) x Rp 2,400,000] + (2400 ha x 4 x Usd 2,400,000) + (0 x Rp 2,400,000 ha) = Rp Rp + 5.520.000.000 23.040.000.000 + 28.560.000.000 = Rp Rp0.,, b. Use production forest area to open mines that moves vertically.,, an area of agreement = 20,000 ha which his rope operations from 2006-2036 Broad permission borrow use forest area in the production forest area in 2006-2011 identified 5,000 ha , with details: infrastructure (roads, housing, means of processing) = 1000 ha Extensive mine openings which can be reclaimed = Widespread 200 ha site hoarding materials/waste dump = 400 ha of the mine Openings that cannot be reclaimed = 250 ha area of unopened = 3,150 ha PNBP first year Calculation is: (L1 x rate) + (4 x L2 x rate) + (2 x L3 x rate) = [(1000 + 200 ha ha) x Rp 1.8 million] + (400 ha x 4 x 1.8 million Usd) + (250 ha x 2 x 1.8 million Rp) = Rp 2.160.000.000 Rp Rp + 2.880.000.000 + 900.000.000 = 5.940.000.000 Idr The second year is PNBP calculation: Reclamation has been reported by the company to the Minister of forestry, was successfully carried out on acreage acres = 20 ha. The expansion of the mine openings = 0 ha wide openings, so mine is 200-20 = 180 ha. There is no addition of facilities and infrastructure of the mine.


(L1 x rate) + (4 x L2 x rate) + (2 x L3 x rate) = [(1000 ha + 180 ha) x Rp 1.8 million] + (400 ha x 4 x 1.8 million Usd) + (250 ha x 2 x 1.8 million Rp) Rp Rp + 2.124.000.000 = 2.880.000.000 + 900.000.000 = Rp 5.904.000.000 Rp c. use of forest areas for the production of underground mines, Widely sharing borrow permits, forest area in the production forest area in 2006-2011 identified = 53 ha, with details : Path = 4 = 10 ha ha Tailings mine mouth, ventilation, waste/waste = 2 ha ha = 6 processing Base camp and means supporters = 1 buffer Area = 30 ha ha PNBP Calculation is: (L1 x rate) + (4 x L2 x rate) + (2 x L3 x rate) = [(4 ha ha + 2 + 10 + 6 ha ha ha + 1) x Rp 1.8 million] + (0 x 4 x ha Rp 1.8 million) + (0 x 2 x ha Rp 1.8 million) = Usd 41.400.000 d. use of forest areas for production of oil and gas or geothermal. , Area, agreement = 17.60 ha which his rope operations from 2006-2036 Broad permission borrow use forest area in the production forest area in 2006-2011 identified = 17.60 ha, with details: infrastructure (roads, housing, means of processing) = 17.60 ha Wide openings mine = 0 ha Widespread hoarding of materials/waste dump = 0 ha mine Openings that cannot be reclaimed = 0 ha Acreage unopened = 0 ha PNBP Calculation is : (L1 x rate) + (4 x L2 x rate) + (2 x L3 x rate) = (17.6 ha x Rp 1.200.000) + (0 x 4 x ha Rp 1.200.000) + (0 x 2 x ha Rp 1.200.000) = Rp 21.120.000 + Rp0 + Rp0 = Rp 21.120.000 e. Use production forest area for the construction of telecommunications networks.,, extensive forest area borrowed permits use on production forest area in 2006-2011 identified = 0.54 ha, with details: driveway = 0.5 ha Footprint tower = 0.04 mine Openings = 0 ha ha PNBP Calculation is : (L1 x rate) + (4 x L2 x rate) + (2 x L3 x rate) = (0.54 ha x Rp 1.200.000) + (0 x 4 x ha Rp 1.200.000) + (0 x 2 x ha Rp 1.200.000) = 648.000 Rp0 + Rp + Rp0 = Rp 648.000 f. Use production forest area for the construction of electric networks, permit, extensive wear on the forest area borrowed forest area production in the 2006-2011 identified = 7.2 ha, with details: electric Chain = 7.2 ha (30 m x 2,400 m) mine Openings = 0 ha PNBP Calculation is : (L1 x rate) + (4 x L2 x rate) + (2 x L3 x rate) = [(4.5 ha ha + 0) x Rp 1.200.000] + (0 x 4 x ha Rp 1.200.000) + (0 x 2 x ha Rp 1.200.000) = Rp 8.640.000 + Rp0 + Rp0 = Rp 8.640.000 g. usage of production forest area for the construction of toll roads, Extensive wear borrowed permits, forest area in the production forest area in 2006-2011 identified 150 ha, with details : broad Street: 150 ha (100 m x 15,000 m) Areal unopened = 0 ha PNBP Calculation is: (L1 x rate) + (4 x L2 x rate) + (2 x L3 x rate) = [(150 + 0 ha ha) x Rp 1.200.000] + (0 x 4 x ha Rp 1.200.000) + (0 x 2 x ha Rp 1.200.000) = Rp 180.000.000 + Rp0 + Rp0 = Rp 180.000.000 h. use of forest areas for HYDROELECTRIC POWER production, Extensive wear borrowed permits, forest area in the production forest area in 2006-2011 identified = 307 ha , with details: roads and electricity networks = 5 ha of the Dam and dam = 101 ha Base camp and means supporters = 1 ha = ha 200 buffer Area Calculation PNBP is: (L1 x rate) + (4 x L2 x rate) + (2 x L3 x rate) = [(5 ha + ha + 1 101 ha) x Rp 1.200.000] + (0 x 4 x ha Rp 1.200.000) + (0 x 2 x ha Rp 1.200.000) = Rp 128.400.000 + Rp0 + Rp0 = Rp 128.400.000 subsection (3). Quite obviously, subsection (4),, is quite clear, article 2, article 3 clearly Enough, clear enough, article 4, article 5, it is clear enough, clear enough, Section 6.,, is quite clear.

Article 7, it is pretty clear the text in PDF format