Regulation Of The Minister Of Forestry Number P. 48/menhut-Ii/201 Year 2013

Original Language Title: Peraturan Menteri Kehutanan Nomor P.48/MENHUT-II/201 Tahun 2013

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51d1a5614081d0313233383232.html

fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 1127, 2013 the MINISTRY of FORESTRY. Reclaiming The Forest. The Area Of The Disaster. The guidelines.

REGULATION of the INDONESIAN MINISTRY of FORESTRY NUMBER P. 48/Menhut-II/2013 ABOUT FOREST RECLAMATION GUIDELINES in the AREA of NATURAL DISASTERS with the GRACE of GOD ALMIGHTY the MINISTER of FORESTRY of the REPUBLIC of INDONESIA, Considering: a. that based on the provisions of article 51 paragraph (6) the Government Regulation Number 76 in 2008 about Reclamation and Rehabilitation of the forest, further conditions of the guidelines on forest reclamation area of natural hazards is governed by ministerial regulation;
b. that based on considerations as referred to in letter a, the need to set a regulation of the Minister of Forestry of Reclamation Forest Guidelines In the area of natural disasters;
Remember: 1. 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 2001 about 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);
2. Government Regulation Number 76 in 2008 about Reclamation and Rehabilitation of the forest (State Gazette of the Republic of Indonesia Number 201 in 2008, an additional Sheet of the Republic of Indonesia Number 4947);
3. Presidential regulation Number 47 in 2009 on the establishment of Ministries and organizations as it has several times changed the last presidential regulation Number 91 in 2011;
4. Presidential Decree Number 83/P in 2009 on the establishment of a United Indonesia Cabinet II as amended by presidential decree number 59/P in 2011;
5. Presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries as well as the Organization, duties, and functions of the Echelon I Ministries as it has several times changed the last presidential regulation Number 92 in 2011;
6. Regulation of the Minister of forestry Number p. 40/Menhut-II/2010 about the Organization and the Ministry of Forestry Work as amended by regulation of the Minister of forestry Number P. 33/Menhut-II/2012;
7. Regulation of the Minister of forestry Number p.4/Menhut-II/2011 about Forest Reclamation Guidelines;
Decide: define: FORESTRY MINISTERIAL REGULATION ABOUT FOREST RECLAMATION GUIDELINES in the AREA of natural disasters.
CHAPTER I GENERAL PROVISIONS Section I of article 1 In the sense of the regulation of the Minister of forestry, which is: 1. forest Reclamation is an attempt to fix or restore the damaged vegetation and land to function optimally appropriate allocation.
2. Revegetasi is an attempt to repair and restore the damaged vegetation through planting and maintenance on the former land of natural disasters.
3. the forest area is designated a specific area and/or specified by the Government for the sustained existence as permanent forest.
4. Protected forest is a forest area that functions as the principal buffer system protection of life to set up the layout of the water, preventing flooding, erosion control, preventing the instrusi sea water and maintain soil fertility.
5. Forest Conservation is a forest area with particular characteristics, the principal functions of preserving the diversity of plants and animals and their ecosystems.
6. Plant Maintenance is the treatment of the plants and their environment in order to make plants grow healthy and normal through pendangiran, weeding, fertilizing, and the stitching is the eradication of pests and diseases.
7. Natural disasters are natural events which result in changes to the landscape, thus decreasing the quality of forests in economic, social, and ecological balance of ecosystems in the WATERSHED, was declared by the authorities.
8. forest and land Rehabilitation is an effort to restore, maintain and improve the function of the forest so that power support productivity and its role in supporting the system buffer life stay awake.
9. The Central Government, hereinafter referred to as the Government, is the President of the Republic of Indonesia that holds the powers of the Government of the Republic of Indonesia as a unitary State within the meaning of the Constitution of the Republic of Indonesia in 1945.
10. Local Government is the Governor, bupati/walikota, or any region as organizer of local governance.
The second part of the intent, purpose and scope of article 2 (1) Mean he arranges these guidelines in order to provide a reference in the implementation of the reclamation of forest in the area of natural disaster for: a. the Government;
b. the Government of the province;
c. Government district/city;
d. management of rights Holders or permit the utilization of forests; and e.  The parties are related.
(2) the purpose of the preparation of these guidelines to bring about the implementation of the reclamation of forest in the area of natural disasters and in accordance with the provisions.
Article 3 scope of the Regulations the Minister of forestry include: a. the determination of location;
b. planning;
c. implementation; and d.  the construction and control.
CHAPTER II PROCEDURE for the DETERMINATION of the LOCATION of the NATURAL DISASTERS Section I General article 4 (1) of the causes of natural disasters are grouped into two, namely: a. naturally; and b.  negligence.
(2) natural disasters are natural as referred to in paragraph (1) letter a, covering natural disasters caused by natural factors, among others, earthquakes, volcanoes, tsunamis, floods, and landslides.
(3) natural disasters are the omission referred to in subsection (1) letter b, caused by the human factor.
(4) human factors referred to in subsection (3) is well over the management rights holder, permit the utilization of forests, or is not the holder of the permit.
Article 5 (1) the determination of the causes of natural disasters is done through identification, observation, and verification in the field.
(2) the determination of the causes of the occurrence of natural disasters is fundamental in the appointment of person in charge of the reclamation of forest activities in the area of natural disasters.

The second part of the formation team of article 6 (1) to carry out the reclamation of forests in the area of natural disasters, Secretary General on behalf of the Minister forming the evaluation team.
(2) the evaluation team referred to in subsection (1) consists of the elements of the service of the province/district/city, elements of implementing technical unit (UPT), and Echelon I the scope of the Ministry of forestry.
(3) the evaluation team is in charge of setting the location and analyze the causes of the occurrence of natural disasters.
Determination of the location of the third part of article 7 (1) the determination of the location of aims to determine the location of the reclamation of forest in forest area or outside the forest area.
(2) the determination of the location is done by the evaluation team as referred to in article 6 paragraph (3) by means of analyzing and evaluating spatial data and numerical disturbed forest area.
(3) in the case of the determination of the location of the reclamation of forest that are outside the forest area, new reklamasinya activities are conducted in a natural disaster comes from sources within the forest area.
(4) the determination of the location of the basis in determining the causes of natural disasters.
The fourth section is responsible for the activities of article 8 (1) of the reclamation of forest in the area of natural disasters by nature as referred to in article 4 paragraph (2) be the responsibility of the Government and local authorities;
(2) the person in charge of the reclamation of forest activities in the area of natural disasters by the Government and local governments, namely: a. On the conservation forest area by Conservation and natural resources/Great Hall of national parks/National Park Hall;
b. On Provincial Department tahura/district/city which handles forestry; or c.  In the area of protected forest and forest production by the Kabupaten/Kota that deal with forestry.
Article 9 (1) the person in charge of the reclamation of forest activities on the forest area that burdened the rights/permits utilization of the forest is done by the holder of rights/permits the utilization of forests;
(2) the rights holder/Negligence permit the utilization of forests as referred to in article 4 paragraph (3) evaluated by the evaluation team as referred to in article 6 and poured in a news event;
(3) the Government, the provincial government, and/or district/city governments in accordance with those powers can provide facilitation in the implementation of the reclamation of forest as referred to in article 8 paragraph (1).
CHAPTER III is considered part of the General PLANNING of article 10 (1) Planning the reclamation of forests in the area of natural disasters made in the form of technical design (technical design) to be used as a reference for details on the location of the tread;
(2) the location of the tread is a local location (site) is going to do the reclamation activities by applying techniques of reclamation;
(3) the technical Design as referred to in subsection (1) is a design detail of each activity will be carried out in the framework of the reclamation activities, both the draft arrangement of land, plant design as well as the design of the building conservation land.
Article 11 (1) of the draft drawn up based on the results of technical analysis: a. the biophysical conditions; and b.  socio-economic conditions.
(2) the biophysical Conditions referred to in paragraph (1) letter a, among others: a. topographic or landform;
b. climate;
c. hydrology;
d. soil fertility;
e. the condition of the vegetation; and f.  native vegetation.
(3) the socio-economic Conditions as referred to in paragraph (1) letter b, among others: a. demographics;
b. infrastructure and facilities;
c. accessibility.
A technical Draft article 12 referred to in article 10 paragraph (1) contains among others: a. location/site reclamation of forests;
b. type of reclamation activities;
c. area or the volume of each type of reclamation activities;

d. patterns of cropping (planting, planting distance stages, plant type and others);
e. the need of materials and tools;
f. labour needs;
g. cost;
h. tata time;
i. map the design of planting (lay out plants); and/or j.  image design of building conservation land.
Article 13 (1) biophysical Conditions referred to in article 11 paragraph (1) letter a as a preliminary step to determine the stages of cultivation activities;
(2) the activities of the planting can be preceded by planting species of plants the preconditions of the pioneers or the types of plants growing fast (fast growing species) prior to enrichment with the planting of native species of plants.
(3) the type of the selected crop directed at planting native plant types, to suit the climate and soil conditions.
The second part of the Compilation, assessment and Attestation of draft Article 14, the drafting process of the assessment and attestation of technical design, namely: a. the conservation forest area On the preparation undertaken by BBKSDA/BKSDA/Balai Besar/Balai TN TN, rated by BPDAS and endorsed by the head of the BBKSDA/BKSDA/Balai Besar/Balai TN TN;
b. At Tahura, preparation was carried out by the provincial/district/city, rated by BPDAS and endorsed by the head of Department of the province/district/city which handles forestry;
c. on the forest area that burdened the rights management or permit the utilization of forests, composed by the holder of the rights is assessed by BPDAS and validated by the holder of the rights.
CHAPTER IV IMPLEMENTATION of Part One General Article 15 implementation of the reclamation of forest due to natural disasters include 3 stages, namely: a. the arrangement of land;
b. revegetasi;
c. maintenance of the plant.
The second part is the arrangement of land article 16 (1) the arrangement of land as stipulated in article 15 of the letter a in the area of natural disasters is carried out where necessary to achieve a stable land conditions and safe.
(2) the arrangement of land referred to in subsection (1) is adjusted with the topography, soil type and climate, include: a. setting the shape of the slope;
b. setting the drains.
Article 17 (1) setting the slope form referred to in article 16 paragraph (2) letter a is intended to reduce the speed of the water runoff (run off), erosion and sedimentation and landslides;
(2) the form of the slope as referred to in paragraph (1) don't get too high or steep and high, having terraces formed and slope the slope in question depends on the nature of the soil structure and texture as well as rainfall.
Article 18 (1) Setting the waterways referred to in article 16 paragraph (2) letter b is intended to regulate the water so that it flows at a certain place and can reduce damage to land;
(2) the amount and density as well as the shape of the water channels depending on the shape of the land (topography), soil type, rainfall and extensive acreage that will be reclaimed.
The third part Revegetasi article 19 Revegetasi as referred to in article 15 and the letter b is done through stages of activity: a. preparation field;
b. the seedbed and/or seed procurement;
c. implementation of planting; and d.  maintenance of the plants.
Article 20 preparation of field Activities as referred to in article 7 letter a, covering the work of: a. land cleanup;
b. processing of land; and c.  improvements to soil fertility.
Article 21 Job cleansing the land referred to in letter a of article 20 of the material remnants of natural disasters do to make room to grow on the plant.

Section 22 tillage Work referred to in article 20 the letter b was done so that the soil becomes loose so that rooting plants can easily penetrate the ground and got the necessary nutrient elements properly, so that plant growth can be as desired.

Article 23 soil fertility improvement Work as stipulated in article 20 subparagraph c was intended to less fertile soil quality for plant growth gets special treatment: the use of mulch, straw and organic matter and fertilization.

Article 24 (1) in terms of the seedbed, the seeds are required to do revegetasi to be met through the seedbed and/or seed procurement;
(2) the provisions of the implementation activities of the seedbed and/or procurement of seed as referred to in article 7 letter b is regulated in accordance with the provisions of the legislation.
Article 25 implementation of the activity Stages of planting referred to in Article 7 letter c, include: a. setting the direction of the array's plant;
b. installation of the marker;
c. distribution of seeds;
d. manufacture of plant holes; and e.  planting.
Article 26 stages of planting is done by way of, among others: a. To control erosion and sedimentation, the first stage done planting the plant cover (cover crop).
b. after the plant cover (cover crop) is growing, at a specific location should be preceded by planting species of plants the preconditions of the pioneers or the types of plants growing fast (fast growing species) with the aim of enabling the closure of land and enriched the soil nutrient elements can be reached quickly.
c. After the pioneering plants aged between 2 – 3 years done enriched through the planting of native type and has high economic value generally requires shade during the initial cultivation occurring.
The fourth part Maintenance Plant article 27 (1) plant maintenance as stipulated in article 15 of the letter c is intended to spur the growth of plants in such a way that it can be realized State of optimum for plant growth.
(2) plant maintenance Activities include: the stitching is done, control of weeds, fertilization, pest control and prevention of diseases, forest fires and grazing.
Chapter V the CONSTRUCTION and CONTROL of Article 28 (1) monitoring and technical guidance was carried out by the Director General, head of the provincial Department of forestry, which handles the Head Office of Kabupaten/Kota that deal with forestry, Managing Technical Unit (UPT), and other Forestry Ministry I Echelon in accordance with those powers;
(2) monitoring and technical guidance are implemented periodically.
Article 29 (1) of the implementing activities in forest reclamation area for natural disasters make mandatory quarterly report and annual;
(2) quarterly and Annual Reports as referred to in subsection (1) is submitted to the Director General with copy Planologi Director General of forestry, Provincial head of Department dealing with forestry, head of Department district/city that handles Large Halls, head of forestry/Natural Resources/Conservation of national parks, the head of BPDAS and related institutions.

CHAPTER VI FINANCE article 30 (1) of the reclamation of forest in the area of natural disasters is the responsibility of the Government, local governments, and the holder of the permit holder's rights management or utilization of forests in accordance with those powers;
(2) natural disaster mitigation Fund referred to in subsection (1) comes from: a. the STATE BUDGET;
b. GRANT;
c. other Funds in accordance with the rules of the applicable legislation.
CHAPTER VII PROVISIONS COVER article 31 of this Ministerial Regulation comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia.

Established in Jakarta on September 11, 2013 AGRICULTURE MINISTER SUSWONO enactment of the Republic of INDONESIA, in Jakarta on September 17, 1995 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();