SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 19, 2012 | (Explanation in Additional Sheet Country Indonesia Number 5279) |
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
Number 12 YEAR 2012
ABOUT
SUSTAINABLE FOOD FARMING LAND PROTECTION INCENTIVE
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Weighing: that to implement the provisions of Article 43 of the Law No. 41 Year 2009 on the Protection of Sustainable Food Agriculture, it needs to establish Government Regulation on Food Farm Land Protection Incentives Continuous;
Remembering: 1. Section 5 of the paragraph (2) of the Basic Law of the Republic of Indonesia Year of 1945;
2. Act No. 41 of 2009 on the Protection of Sustainable Food Farming Lands (sheet Of State Of The Republic Of Indonesia In 2009 Number 149, Additional Sheet Of State Of Indonesia Republic Number 5068);
DECIDED:
Establish: GOVERNMENT REGULATIONS ON THE INCENTIVES OF SUSTAINABLE FOOD FARMING LAND PROTECTION.
BAB I
UMUM PROVISIONS
Section 1
In this Government Regulation referred to by:
1. The Sustainable Food Agriculture is a field of agricultural land that is set to be protected and developed consistently to produce a staple food for self-reliance, resilience, and national food sovereignty.
2. Food farmers who are next called Farmer are every Indonesian citizen and his family who are working on land for the staple food commodity in the Sustainable Food Farm Land.
3. Inincentives are the awarding of the award to the Peasants that maintain and do not enable the Sustainable Food Agriculture Land.
4. The next Central Government called the Government is the President of the Republic of Indonesia which holds the power of the Government of the Republic of Indonesia as referred to in the Basic Law of the Republic of Indonesia in 1945.
5. The Provincial Government is the governor and device of the area as an organizer of the provincial government ' s government.
6. County/City Government is the regent/mayor and device of the area as an element of the governing body of the district/city area.
7. The Minister is the minister who is drugging the agricultural affairs.
Section 2
The Sustainable Food Farm Land protection incentives are aimed at:
a. encourage the embodiment of the Sustainable Food Farm Land;
B. enhance the controlling efforts of the Sustainable Food Farm Land functions;
c. enhancing the empowerment, revenue, and welfare for Farmers;
D. provide certainty of land rights for the Farmers; and
e. enhance the partnership of all stakeholders in the framework of utilization, development, and protection of the Sustainable Food Farm in accordance with the spatial layout.
Section 3
The Sustainable Food Farm Land protection incentives are carried out on the Sustainable Food Farm Estate which has been set in:
a. National Area Space Tata Plan;
B. Provincial Regional Governance Plan;
C. District District/Kota; and/or
plan
D. Detailed Plan Of The County/City Area Grammar.
Section 4
The Government, the Provincial Government, and the District/City Government in accordance with its authority provide the Incentive Protection Land Protection of the Sustainable Food to Farmers.
BAB II
TYPE, CONSIDERATION, AND LAYOUT
THE INCENTIVE GRANT
The Kesatu section
The Incentive Type
Paragraph 1
Common
Section 5
The Government provides the Sustainable Food Farm Land protection Protection to Farmers with a type of form:
a. agricultural infrastructure development;
B. the financing of research and development of seeds and superior varieties;
c. ease in accessing information and technology;
D. providing the means and infrastructure production infrastructure;
e. The issuance of the issuance of the rights to the land in the Continued Food Agriculture; and/or
f. The award for Farmers is high-achieving.
Section 6
The Provincial Government provides the Sustainable Food Farm Land protection Protection to the Farmers with a type of:
a. agricultural infrastructure development;
B. the financing of research and development of seeds and superior varieties;
c. ease in accessing information and technology;
D. the provision of agricultural production means;
e. help of publishing funds of land rights on the Sustainable Food Farm Land; and/or
f. The award for Farmers is high-achieving.
Section 7
The District/City Government provides the Sustainable Food Farm Land Protection Incentive to Farmers with a type of form:
a. the aid of the earth and building tax breaks;
B. agricultural infrastructure development;
c. financing the research and development of seeds and superior varieties;
D. Ease of access to information and technology;
e. the provision of agricultural production means;
f. help of publishing funds of land rights on the Sustainable Food Farm Land; and/or
G. The award for Farmers is high-achieving.
Paragraph 2
Agricultural Infrastructure Development
Section 8
The development of agricultural infrastructure as referred to in Article 5 of the letter a includes:
a. development and/or increased irrigation network;
B. development, development, and/or rehabilitation of farm ventures;
c. expansion of the Sustainable Food Farm Land;
D. the soil fertility fix; and/or
e. Soil conservation and water.
Section 9
The development of agricultural infrastructure as referred to in Article 6 of the letter a and Article 7 of the letter b includes:
a. development and/or increased agricultural infrastructure;
B. development and/or increased tertiary irrigation networks;
C. development, development, and/or rehabilitation of farm ventures;
D. the soil fertility fix; and/or
e. Soil conservation and water.
Paragraph 3
Financing Research and Development of Seed
and Superior Varieties
Section 10
(1) The research of research and development of seeds and superior varieties as referred to in Article 5 of the letter b, Section 6 of the letter b, and Section 7 of the letter c includes:
a. the provision of demonstration of seed testing pilot testing and superior varieties, hybrids, and local varieties; and
a. The coaching and supervision of seed captors.
(2) The research and development of seeds and superior varieties is assigned to the research institutes, colleges, and other institutions that have competence in accordance with the provisions of the laws.
(3) The results of the research and development of seeds and superior varieties as referred to in verse (2) are disseminated by the Government, the Provincial Government, and the District/City Government to the Farmers and are only used for the benefit of the Farmer.
Paragraph 4
Ease in Access Information and Technology
Section 11
(1) Ease of accessing information and technology as referred to in Section 5 of the letter c, Section 6 of the letter c, and Article 7 of the d is in the form of providing the provision and distribution of information and technology.
(2) The preparation and distribution of information and technology as referred to in paragraph (1) is organized through the institutional cultivation of agriculture in accordance with the provisions of the laws.
Paragraph 5
The Provision Of Agricultural Production Means
Section 12
(1) Agricultural production of means and infrastructure of agricultural production as referred to in Article 5 of the least letter d including the provision of seed and/or seeds, agricultural machinery and machinery, organic and inorganic fertilizers, pesticides, soil-forming, regulatory substances grow, and production facilities.
(2) The agricultural production facility as referred to in paragraph (1) is least included:
a. the rice mill and the jemur floor; and
B. Barn.
(3) Sarana and the agricultural production infrastructure as referred to in verse (1) is given to Peasants in accordance with the needs and recommendations of the assessor team set up by the Minister.
(4) The provisions of the membership element and the work order of the assessor team as referred to in paragraph (3) are governed by the Minister's Rules.
Section 13
(1) The supply of agricultural means of production as referred to in Article 6 of the least letter of d includes the provision of seeds and/or seeds, agricultural tools and machinery, organic and inorganic fertilizers, pesticides, soil-forming, and regulatory substances.
(2) The production of agriculture as referred to in verse (1) is given to Peasants in accordance with the needs and recommendations of the assessor team set up by the governor.
(3) The provisions of the membership element and the assessor of the assessor team as referred to in paragraph (2) are governed by the Governor's Rule.
Section 14
(1) The supply of agricultural means of production as referred to in Article 7 of the least letter of e includes the provision of seeds and/or seeds, agricultural tools and machinery, organic and inorganic fertilizer, as well as pesticides.
(2) The production of agriculture as referred to in verse (1) is given to Peasants in accordance with the needs and recommendations of the assessor team formed by the mayor/mayor.
(3) The terms of the membership and governance of the assessor team as referred to in paragraph (2) are governed by the Regent Ordinance/Mayor.
Paragraph 6
Publication of the Land Rights Sertiallure
on the Continued Food Farm Estate
Section 15
(1) The warranty of the issuance of land rights to the Land of Sustainable Food Agriculture as referred to in Article 5 of the letter e is embodied through the program of soil sertipication on the Sustainable Food Farm Land.
(2) The land-based program of the Sustainable Food Farm as referred to in verse (1) is carried out with sporadic and systematic registration of the land organized by the agencies that have been led to the land of affairs.
(3) In carrying out a land-based program on the Sustainable Food Agriculture, the agency that enforces the civil affairs coordinating with the Minister and the working unit of the area's device that has agricultural affairs in the Government. Province and Government/City.
Section 16
(1) The assistance of publishing funds of land rights to the Sustainable Food Agriculture as referred to in Article 6 of the letter e is provided through the Regional Revenue and Shopping Budget of the province.
(2) The Program and the issuer of the license of sertial publishing funds as referred to in paragraph (1) are coordinated with the agency that is drugging the matter of the tantaposition.
Section 17
(1) The assistance of publishing funds of land rights to the Sustainable Food Agriculture as referred to in Article 7 of the letter f is provided through the county/city Regional Revenue and Shopping Budget.
(2) The Program and the issuer of the license of sertial publishing funds as referred to in paragraph (1) are coordinated with the agency that is drugging the matter of the tantaposition.
Paragraph 7
The Award For High-achieving Farmers
Section 18
(1) The award for the High-achieving Peasant as referred to in Article 5 of the letter f, Section 6 of the letter f, and Article 7 of the letter g is given in form:
a. training;
B. charter; and/or
c. Other forms of stimulant.
(2) The award for high-achieving Farmers as referred to in paragraph (1) is provided by the Government, the Provincial Government, and the Government/City Government based on the assessment of teams that are each established by the Minister, the governor, and It's the mayor.
(3) The provisions of the criteria and regulations of the High-achieving Peasant assessment by the Government as referred to in paragraph (2) are governed by the Regulation of the Minister.
(4) The provisions of the criteria and regulations of the High-achieving Peasant assessment by the Provincial Government as referred to in paragraph (2) are governed by the Governor's Rule.
(5) The terms of the criteria and manners of the High-achieving Farmers ' assessment by the Government of the Regency/City as referred to in paragraph (2) are governed by the Regent/Mayor Rules.
Paragraph 8
Earth Tax Relief Relief and Building
Section 19
(1) The assistance of the earth and building tax breaks as referred to in Article 7 of the letter a given in accordance with the provisions of the rules of the law.
(2) The District/City Government may provide funds to facilitate the tax relief of the Earth and the building on the Farmers ' Sustainable Food Farm through the County/city Regional Revenue and Shopping Budget and Regional Shopping Area.
(3) The provision of funds to facilitate the tax breaks of the earth and building as referred to in paragraph (2) is specified with the criteria set forth in accordance with the provisions of the laws.
The Second Part
The Incentive Grant Consideration
Section 20
The Government, Provincial Government, and the District/City Government provide an Incentive To Farmers based on consideration:
a. The Sustainable Food Farm Land Typology;
B. soil fertility;
c. cultivation area;
D. irrigation;
e. land fragmentation levels;
f. agricultural venture productivity;
G. location;
h. farm business collectives; and/or
i. environment friendly farm practice.
Section 21
(1) The Continuous Food Agriculture Field Tipology as referred to in Article 20 of the letter a, includes:
a. irrigated land;
B. the tidal lands of the tides and/or lebak; and/or
c. unirrigated land.
(2) The Incentive Offering (s) of the Cloud Service (s) and/or lebak as referred to in paragraph (1) of the letter b other than the Incentive as referred to in Section 5, Section 6, Section 7, and Section 7, obtaining additional Incentive (s) in accordance with the authority. Government/Provincial Government/Municipal Government/City.
Section 22
(1) The fertility of the soil as referred to in Article 20 of the letter b is based on a fertility rate.
(2) The Sustainable Food Agriculture with low fertility rates is given more Incentive Types compared to the Sustainable Food Farm with high fertility rates.
(3) The provisions of soil fertility rate as referred to in paragraph (2) based on the suitability of the land on a particular commodity are governed by the Ordinance of the Minister.
Section 23
The growing area is referred to in Article 20 of the least 25-letter c (twenty-five) hectares in a single expanse.
Section 24
(1) Irrigation as referred to in Article 20 of the letter d is based on the performance of irrigation networks as well as the degree of operation and maintenance of irrigation.
(2) The Incentive is prioritised in an irrigation area that:
a. require an irrigation network rehabilitation; and
B. The operation and its drivers have a good category.
(3) The Incentive (s) as specified in paragraph (2) is provided by the Government on:
a. irrigation area with the most 3,000 acres (three thousand) of hectares that are in the province ' s cross; and
B. Irrigation area with a spit of at least 3,000 acres.
(4) The Incentive (s) as referred to in paragraph (2) is provided by the Provincial Government on:
a. irrigation area with the most 1,000 acres (thousand) acres that are in cross-county/city in one province; and
B. Irrigation area with 1,000 (thousand) acres up to 3,000 acres (3,000 acres) of acres.
(5) The Incentive (2) is provided by the Government of the Regency/City in an irrigation area with the least 1,000 acres (1,000) acres and is within a single district/city.
Section 25
(1) The level of land fragmentation as referred to in Article 20 of the letter e is based on fragmentation on a single expanse.
(2) The Incentive (s) are subject to the terms of this Agreement.
Section 26
(1) Productivity of the farm as referred to in Article 20 of the letter f is based on the average productivity of major food commodities.
(2) The Incentive Incentive ("Agreement") is provided by the Government on the Sustainable Food Estate which is a productive level under the national average productivity of the country.
(3) The Incentive is prioritised given by the Provincial Government on the Sustainable Food Agriculture which levels its productivity under the average productivity of the province.
(4) The Incentive Incentive ("Agreement") provides the following terms and terms of the Agreement, as well as the terms of this Agreement.
Section 27
(1) The location as referred to in Article 20 of the letter g is based on the distance between the site of the land and the road network.
(2) The Incentive Incentive ("Agreement") will be used to provide the following terms and terms of the Agreement.
(3) For the Sustainable Food Farming Area in an urban area as referred to in verse (2) located less than 100 (one hundred) meters from the road body is given more Incentive than the Sustainable Food Agriculture Land located more than 100 (a hundred) meters from the road body.
Section 28
(1) Collectivity of the agricultural venture as referred to in Article 20 of the letter h is based on the collectivities of the agricultural endeavour.
(2) The Incentive is given to:
a. Farmers who have high levels of agricultural enterprises in the irrigation area and the tidal swamps and/or lebak; and
B. Farmers who have a collection of agricultural businesses in the area are not irrigated.
Section 29
(1) The practice of environmental friendly farmers as referred to in Article 20 of the i is prioritised on the Sustainable Food Farm, which applies the utilization of eco-friendly technologies.
(2) Environmental friendly technology expediency as referred to in paragraph (1) includes:
a. the application of the cultivation of organic and/or water-efficient food farms;
B. the application of soil and water conservation rules;
c. use of agricultural technology recommendations as per suggested; and/or
D. the lowest use of fertilizers and inorganic pesticides.
The Third Part
Set The Incentive Method
Paragraph 1
Common
Section 30
Set the way of the Incentive Incentive by the Government, the Provincial Government, and the Government/City Government includes:
a. planning;
B. proposals; and
C. assignment.
Paragraph 2
Planning
Section 31
(1) The Incentive Incentive (PWA) will be used to provide the following services:
(2) The Incentive Incentive Planning as referred to in paragraph (1) is contained in the National and Regional Long Term Development Plan, the National and Regional Long-Term Development Plan, as well as the Government Work Plan and the Work Plan Provincial and District Government/City.
Paragraph 3
The proposal
Section 32
The proposal to obtain an Incentive from the Government as referred to in Article 5 is done by step:
a. The District/City Government proposes an area of land and a list of the name of the Farmer given the Incentive to the Provincial Government;
B. The Provincial Government coordinates and verifies the proposal of the District/City Government as referred to in the letter a;
c. verification results as referred to in the letter b delivered by the Provincial Government to the Government through the Minister;
D. The Minister conducts an evaluation of the proposal of the Provincial Government and coordinates it with the leadership of the related ministries/agencies;
e. Evaluation results as referred to in the letter d were communicated to the minister who led to a national development planning affairs and a minister who had been given financial affairs and reported to the President.
Section 33
The proposal to obtain an Incentive from the Provincial Government as referred to in Article 6 is done by stage:
a. The District/City Government proposes an area of land and a list of the name of the Farmer given the Incentive to the Provincial Government;
B. The Provincial Government through the Head of the Service coordinates and verifies the proposal of the Regency/City Government as referred to in the letter a;
c. verification results as referred to in the letter b delivered by the Head of the Service to the governor through an area device working unit that governs the planning affairs of the province area;
D. the governor conducted an evaluation of the County/City Government ' s proposal.
Section 34
The proposal to obtain an Incentive from the District/City Government as referred to in Article 7 is done by stage:
a. The head of the Service proposes a location, land area, and a list of the name of the Farmer who is given the Incentive to the regent/walikota;
B. The head of the regional device's working unit proposes the type of Incentive that the farmer needs at the location as referred to in the letter a to the regent/mayor through an area device working unit that guides development planning affairs. district/kota;
c. the type of Incentive (s) as defined in the letter b is verified and coordinated by an area device working unit that has led to a district/kota; development planning business.
D. Verification results as defined in the letter c are delivered by a unit of work of the regional device that guides the planning affairs of the district/city to the regent/walikota;
e. The mayor conducts an evaluation of the proposal of the Head of the Service and the head of the associated regional device's unit of work.
Paragraph 4
The assignment
Section 35
(1) Based on the evaluation results as referred to in Article 32 of the letter e, the Government sets out the Incentive given to the Farmer.
(1) The pricing of the incentive (s) as referred to in paragraph (1) is contained in the Ministry/related Institution ' s Work Plan.
Section 36
(1) The Minister compiles the norms, standards, procedures, and criteria of granting Incentives.
(2) The Minister coordinates the implementation of the granting of Incentive to Farmers conducted by the ministry or non-related non-ministerial government agencies.
Section 37
(1) Based on the results of the evaluation as referred to in Article 33 of the letter d, the Provincial Government sets out the Incentive given to the Farmer.
(2) The Designation Incentive as referred to in paragraph (1) is contained in the Provincial Regional Government Work Plan.
Section 38
(1) The governor compiles the norms, standards, procedures, and criteria of granting Incentives.
(2) The Governor coordinates the implementation of the Incentive Reward to Farmers with the Government of the District/City.
Section 39
(1) Based on the evaluation results as referred to in Article 34 of the letter e, the District/City Government sets out the Incentive given to the Farmer.
(2) The Designation Incentive as referred to in paragraph (1) is contained in the Regency/city Local Government Work Plan.
Section 40
The regent/mayor compiles the norms, standards, procedures, and criteria of granting Incentives.
BAB III
THE BENEFICIARY OF THE INCENTIVE FARMER
Section 41
(1) The Incentive Farmers are mandatory:
a. leverage the land as per its tail;
B. keeping and improving soil fertility;
c. prevent land damage; and
D. Preserve the environment.
(2) In terms of the Food Agriculture Agreement, there is a network of irrigation and agricultural roads, Peasant recipients are required to maintain and prevent the damage of irrigation networks and farm roads.
Section 42
The Peasant's obligation as referred to in Article 41 of the paragraph (1) is performed by:
a. Working on it every year with commodities that match the plant's patterns as set in rules of legislation; and
B. carry out the optimization of sustainable and sustainable food agricultural land on the basis of local specific technology recommendations and/or local wisdom.
Section 43
Peasant's obligation to maintain and prevent irrigation and agricultural roads, as referred to in Article 41 of the paragraph (2), involves the role of the public in the operation and maintenance of irrigation networks and the road of agricultural endeavour and report it to the stakeholders if the damage occurs.
BAB IV
INCENTIVE REVOCATION
The Kesatu section
Common
Section 44
Revocation of Government incentives, Provincial Government, and District/City Governments in terms of:
a. Farmers do not meet the obligations of the Sustainable Food Farm Land Protection;
B. Farmers disobeying the norms, standards, procedures, and criteria of giving Incentives; and/or
C. Sustainable Food Farm Land has been alienable.
Section 45
(1) The revocation of the Incentive Revocation is performed through the stage:
a. a preliminary warning;
B. The reduction of the Incentive offering; and
c. revocation of the Incentive.
(2) The revocation of the incentive to the Farmer as referred to in paragraph (1) of the letter c is exercised based on the results of control and supervision.
The Second Part
Control and Oversight
Section 46
(1) The control and supervision as referred to in Article 45 of the paragraph (2) at the Government level is done through the monitoring, evaluation and reporting of the Government, the Provincial Government, and the District/City Government.
(2) Monitoring, evaluation, and reporting as referred to in paragraph (1) are executed by teams that are each formed by the Minister, the governor, and the regent/mayor.
Section 47
(1) The control and supervision as referred to in Article 45 of the paragraph (2) at the Provincial Government level is carried out through the monitoring, evaluation and reporting of the Provincial Government and the District/City Government.
(2) Monitoring, evaluation, and reporting as referred to in paragraph (1) are executed by teams that are each formed by the governor and the bupati/mayor.
Section 48
(1) Controlling and Oversight as referred to in Section 45 of the paragraph (2) at the Regency/City Government level done through monitoring, evaluation, and reporting of the District/City Government.
(2) Monitoring, evaluation, and reporting as referred to in paragraph (1) are executed by a team formed by the mayor/mayor.
The Third Part
Post Revocation Coaching
Section 49
(1) For Farmers charged with the revocation of the Incentive Incentives are required to obtain coaching from the Government, the Provincial Government, and the District/City Government.
(2) Coaching the revocation of the Incentive Revocation as intended in paragraph (1) is performed to improve performance and provide motivation for the Farmer.
BAB V
CLOSING PROVISIONS
Section 50
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 January 9, 2012
PRESIDENT OF THE REPUBLIC OF INDONESIA,
SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on January 9, 2012
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
AMIR SYAMSUDIN
* not yet in the form of loose sheets
