Government Regulation Substitute Act No. 1 Of 2004

Original Language Title: Peraturan Pemerintah Pengganti Undang-undang Nomor 1 Tahun 2004

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4e2923d0208135313231323130.html

Perpu 1-2004 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 29, 2004KEHUTANAN. Conservation. Protected areas. The production. Flora. Fauna. Topography. (Additional explanation in the State Gazette of the Republic of Indonesia Number 4374)
GOVERNMENT REGULATION SUBSTITUTE Act No. 1 of 2004 on CHANGES to the Act No. 41 of 1999 on FORESTRY, the PRESIDENT of the REPUBLIC of INDONESIA, Considering: a. that in Act No. 41 of 1999 on Forestry does not set permissions or agreements concerning the continuity of mining that had existed prior to the enactment of such laws;
., b., that this gives rise to legal uncertainty in this endeavor in the field of mining in forest areas mainly for investors who already have permits or agreements before the enactment of the legislation, so that it can put the Government in a difficult position in developing the investment climate;
.,, c. that in order to create legal certainty in this endeavor in mining that are located in forest area, and encourage the interest and confidence of investors to endeavor in Indonesia, is seen necessary to perform changes to the Act No. 41 of 1999 on Forestry with the Successor Government Regulation law;
.,, Considering: 1. Section 22 subsection (1) of the 1945 Constitution as amended by the fourth Change the Constitution of 1945;
., ,2. Act No. 41 of 1999 on Forestry (State Gazette of the Republic of Indonesia Number 167 in 1999, an additional Sheet country number 3888);
DECIDED:.,, set: GOVERNMENT REGULATION SUBSTITUTES the law on CHANGES to the Act No. 41 of 1999 on forestry.
Article I Add new terms in the concluding chapter which Article 83A 83B and article, which reads as follows: "article 83A All permissions or agreements in the field of mining in forest areas that had existed prior to the enactment of Act No. 41 of 1999 on Forestry is declared to remain valid until the expiration of the permit or agreement in question."

"Article 83B further implementation of the provisions referred to in Article 83A set by decision of the President."

Article II the replacement Government regulations this Act comes into force on the date of promulgation.

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

.,, Set in Jakarta on March 11, 2004 the PRESIDENT of the Republic of INDONESIA, MEGAWATI SUKARNOPUTRI Enacted in Jakarta on March 11, 2004 the SECRETARY of STATE of the REPUBLIC of INDONESIA, BAMBANG KESOWO RI STATE GAZETTE SUPPLEMENTARY No. 4374 (explanation of the 2004 State Gazette Number 29) EXPLANATION for the REPLACEMENT GOVERNMENT REGULATION of REPUBLIC of INDONESIA law No. 1 of 2004 on CHANGES to the Act No. 41 of 1999 on FORESTRY. ,, With the enactment of Act No. 41 of 1999 on forestry, have led to legal uncertainty in this endeavor in the field of mining in forest areas especially for the holder of the permit or agreement prior to the enactment of such laws. Uncertainty is a concern, because in terms of the law there is no provision to the effect that the permissions or agreements in the field of mining which is in the woods that had existed prior to the enactment of such laws remain in force. The absence of these provisions result in a status of the permit or agreement that existed before the enactment of the legislation is unclear and can even be interpreted as being no longer valid. This reinforced the provisions of article 38 paragraph (4) stating expressly that the protected forest area on the prohibited conduct mining mining patterns. These provisions should only apply after enactment of the legislation and not enforced retroactively.
., Legal Uncertainty, in the conduct of mining business activities in the forest area could result in the Government is in a difficult position in developing the investment climate.
.,, With respect to such matters, viewed the need to amend Act No. 41 of 1999 on Forestry with government regulation of Replacement legislation. The change was adding a provision that all permissions or agreements in the field of mining that had existed prior to the enactment of Act No. 41 of 1999 on Forestry is declared to remain valid until the expiration of the permit or agreement in question. Because of the type and number of permissions and the Treaty still requires research by related Ministers, then the implementation of these policies is further defined by presidential decree.

ARTICLE for the SAKE of the ARTICLE, article I, article II is quite clear, quite clearly.