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Regulatory Region Number 13 In 2009

Original Language Title: Peraturan Daerah Nomor 13 Tahun 2009

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REGULATION OF THE PROVINCE OF WEST SULAWESI

NUMBER 13 YEAR 2009

ABOUT

I R I G A S I

WITH GRACE GOD ALMIGHTY

GOVERNOR OF WEST SULAWESI,

TIED

:

:

that irrigation has an important role and is one of the supporting components of agricultural development in the region of West Sulawesi that needs to be managed well, so it is beneficial for the people of West Sulawesi Province;

b. that the purpose of agricultural development is to preserve food security, increase the income of farmers, increase employment opportunities in rural and family nutrition, as well as the spirit of democracy, decentralization, and openness in the community life order;

c. that to realize the sustainability of the irrigation system, the development and management implemented partisways need to be supported with the setting of tasks, authority and institutional responsibility in the Irrigation management.

d. that under the provisions of Article 22 of the Government Regulation No. 20 of 2006 on Irrigation, the Provincial Government organizes a portion of the Government's authority in the field of development and management of irrigation systems;

e. that based on the consideration as intended on the letter a, the letter b and the letter c, need to establish the Regional Regulation on Irrigation;

1. Law Number 5 of the Year 1960 on the Basic Law of Pokok-principal Agrarian (State of the Republic of Indonesia 1960 No. 104, Additional Gazette of the Republic of Indonesia No. 2013);

2. Law Number 12 of 1992 on System Cultivation System (sheet Of State Of The Republic Of Indonesia In 1992 Number 46, Additional Sheet Of State Of Indonesia Indonesia Number 3478);

3. Law No. 23 of 1997 on Environmental Management (the Gazette of the Republic of Indonesia in 1997 No. 68, Additional Gazette of the Republic of Indonesia Number 3699);

4. Law No. 41 of 1999 on Forestry (State of the Republic of Indonesia Year 1999 Number 167, Additional Gazette Republic of Indonesia Number 3888) as amended by Law No. 19 of 2004 on the Redemption of Regulation

Government Rename Act 1 Year 2004 on Changes To Law No. 41 of 1999 on Forestry Act (2004) Act (2004) Act Number 67, Additional Gazette Republic of Indonesia Number 4401);

5. Law Number 7 of 2004 on Water Resources (Indonesian Republic of 2004 Number 32, Additional Gazette Republic of Indonesia Number 4377);

6. Law No. 10 Year 2004 on the Establishment of the Laws (Indonesian Republic of 2004 Law Number 53, Additional Gazette of the Republic of Indonesia Number 4389);

7. Law No. 18 Year 2004 on Plantations (Sheet State Of The Republic Of Indonesia 2004 Number 85, Additional Sheet Republic Of Indonesia Number) ;

8. Law No. 26 Year 2004 on the Establishment of West Sulawesi Province (State Gazette Indonesia Year 2004 Number 105, Additional Gazette of the Republic of Indonesia Number 4422);

9. Law No. 31 Year 2004 on Fisheries (State Gazette Indonesia Year 2004 Number 118, Additional Gazette of the Republic of Indonesia Number 4433);

10. Law No. 32 Year 2004 on Local Government (Indonesian Republic of Indonesia 2004 Number 125, Additional Gazette Republic of Indonesia Number 4437) as amended several times, last by Act No. 12 2008 About The Second Change Of The Law Number 32 Of 2004 On The Local Government (sheet Of State Of The Republic Of Indonesia 2008 Number 59, Additional Gazette Of The Republic Of Indonesia Number 4844);

11. Law No. 33 of 2004 on the Financial Balance between the Central Government and the Local Government (State Gazette Indonesia Year 2004 Number 126, Additional Gazette of the Republic of Indonesia Number 4438);

12. Law Number 26 of 2007 on the Alignment of the Space (State Sheet of the Republic of Indonesia in 2007 Number 68, Additional Gazette of the Republic of Indonesia No. 4725);

13. Government Regulation Number 35 Year 1991 On River (sheet Of State Of The Republic Of Indonesia In 1991 Number 44, Additional Gazette Of The Republic Of Indonesia Number 3445);

14. Government Regulation Number 27 In 1999 On Analysis Of The Environmental Impact (sheet Of State Of The Republic Of Indonesia In 1999 Number 59, Additional Gazette Of The Republic Of Indonesia Number 3838);

15. Government Regulation No. 20 Year 2006 on Irrigation (sheet Of State Of The Republic Of Indonesia In 2006 Number 46, Additional Gazette Of The Republic Of Indonesia Number 4624);

16. Government Regulation No. 38 Year 2007 on the Partition of Government Affairs Between Government, Provincial Government, and District/City Government (State Gazette of 2007 Indonesia Number 82, Extra State Sheet) Republic of Indonesia No. 4737);

17. Government Regulation No. 42 of 2008 on Management Of Water Resources (sheet Of State Of The Republic Of Indonesia 2008 Number 82, Extra State Of The Republic Of Indonesia Number 4858);

With A Joint Agreement

REPRESENTATIDeputy Users of the irrigation network in the Province, and the Vice-Commission of the District/City of Irrigation.

45. The Inter Province Irrigation Commission is the coordination and communication institution between the Deputy Government of the Regency/City related, Deputy Commission of Irrigation of the Province of the Province, Deputy of the Peasant Associations of the water level of irrigation area, the Deputy User of the Network irrigation in a Provincial Cross irrigation area.

46. The County Irrigation Commission is the coordination and communication institution between the Deputy Government of the Regency, Deputy Farmers ' Association of water-level irrigation areas, the Deputy Users of irrigation network in the related Regency.

BAB II

INTENT, SCOPE, PURPOSE AND FUNCTION

INTENT

SECTION 2

IRRIGATION MANAGEMENT IS INTENDED TO MEET THE RAW WATER NEEDS FOR AGRICULTURE, RESULTING IN INCREASED INCOME OF THE FARMERS ' COMMUNITY.

Scope

Article 3

Given irrigation that is part of the living hajat Many people, therefore, need to be set up and their use to support the productivity of agricultural businesses to increase agricultural production in the framework of national food security and public welfare, especially farmers.

Destination

Section 4

The development and management of irrigation is managed to achieve water-better or thoroughly agricultural, integrated and environmental insight as well as to improve the welfare of people in particular farmers.

Function

Article 5

Irrigation serves to support agricultural productivity in order to increase agricultural production in the framework of national food resistance and public welfare, especially farmers, who are realized through the sustainability irrigation system.

BAB III

Article 6

(1) The development and management of irrigation systems aims to achieve water benefit in agriculture.

(2) The development and management of irrigation systems as intended in paragraph (1) in a participative, unified, insightful, transparent, accountable and insightful environment.

(3) The development and management of an irrigation system as referred to in paragraph (2) is executed. in the entire Province region.

Article 7

(1) The development and management of irrigation systems is carried out by the Local Government, involving all interested parties with the importance of interest and role as well as the peasant society. and business entities, social entities, or individuals

(2) The development and management of irrigation performed by the Enterprise, the Social or Social Agency is organized with regard to the interests of the people around it and encouraging the role as well as the peasant society.

Article 8

(1) The development and management of irrigation systems is carried out by the assistance of water resources based on the connection between rainwater, surface water, and groundwater. integrated with the emphasis of surface water mutineers.

(2) The development and management of irrigation systems as referred to in verse (1) is exercised with the principle of one irrigation system one unit of development and management, with regard to the importance of irrigated water-users and irrigation network users In the upper, middle, and downstream sections are aligned.

BAB IV

INSTITUTIONAL IRRIGATION MANAGEMENT

Article 9

(1) To realize the management of the irrigation system in the Province, was formed. irrigation management institutional.

(2) Institutional management of irrigation as referred to in paragraph (1) includes the Regional Device Workforce which is irrigating the irrigation, P3A, and the Provincial Irrigation Commission.

BAB V

A WATER-SPEAKING PEASANT ASSOCIATION (P3A), A COMBINATION OF WATER-SPEAKING FARMERS (GP3A), AND

PARENT OF THE WATER-SPEAKING FARMERS (IP3A)

Part Kesatu

The Penati Penati Society (P3A)

Article 10

(1) P3A is an organization of socioeconomic and cultural-speaking water-speaking farmers and aspired with royalty.

(2) P3A as referred to by paragraph (1) consists of up:

a. P3A (P3A);

b. Combined Water-based Farmers ' Society (GP3A); and

c. The Water-user Farmers ' Association (IP3A).

(3) The formation of the P3A as referred to in paragraph (1) is facilitated by the Local Government.

Article 11

(1) The carrier of the Water Use is democratically forming P3A on any tertiary/tertiary or village services area.

(2) The formation of the P3A as referred to in paragraph (1) is conducted through a decision-stabilised process by involving at least two-thirds of the number of P3A in a single tertiary service block.

(3) Membership P3A as It is in a verse that is in the hands of a farmer who is able to fatten himself from the ground. Tertiary tenement services, irrigation pumps, and the irihasi perdesaan that includes the owner of the rice paddy, rice paddy, rice paddies, the owner of a fish pond that gets irrigated water, and the agricultural business that utilits irrigation water.

Second Section

Combined Farmers Association of Water (GP3A)

Article 12

(1) P3A may join forces to form GP3A.

(2) GP3A is democratically formed of, by, and for some P3A which is in a secondary service/block area with a membership consisting of ` P3A which is on the secondary block in one irrigation area in its work area.

(3) The formation of GP3A as referred to in paragraph (1) to coordinate some P3A that is in the secondary/secondary/service area, a combination of several secondary blocks, or one irrigation area in order to participate in the development activities and the management of an irrigation system in its work area.

(4) The membership of GP3A as referred to in paragraph (1) consists of the P3A ats which are on the secondary block service area in one irrigation area.

Third Section

The Mother of the Water Usage Society (P3A)

Article 13

(1) GP3A may The IP3A form.

(2) The IP3A is formed from, by and for some GP3A that is in one region of democratically irrigated irrigation and membership consists of a representative of GP3A which is in one irrigation area.

(3) The formation of IP3A As referred to in verse (1) is primarily used to coordinate the GP3A beberap which is in the premier service/block area, a combination of several premier blocks or one irrigation area in the role and in the development and management of irrigation systems.

(4) The membership of IP3A consists of GP3A which is in one irrigation area.

Article 14

(1) P3A is required to form a democratically P3A in any tertiary or village service area or village.

(2) P3A as referred to in paragraph (1) may form the Combined P3A on the secondary/service areas, combined a few secondary blocks, or one irrigation area.

(3) The Combined P3A as referred to in verse (2) may form the Mother P3A in the primary service/block area, a combination of several primary blocks, or an irrigation area.

BAB VI

IRRIGATION COMMISSION

Part Kesatu

The Provincial Irrigation Commission

Article 15

(1) To realize the stewardship of the irrigation system, the Governor forms the Povite Irrigation Commission.

(2) The Irrigation Commission is based in the Provincial Capital, Mamuju.

(3he primary tenement list, (7) The right to use water for irrigation is given to an irrigation system in accordance with the area of the irrigation area utilized.

(8) The right to use water for irrigation is evaluated every 5 (five) years by the Governor, to review the suitability between the rights to use water for the Irrigation with water use and water availability at the source.

(9) The results of the evaluation as referred to in verse (8) are used as the basis for continuing, adjusting, or removing the right to use water for irrigation.

Section 30

(1) The right to use water for irrigation for the Entity, Social Agency, or individual in the cross-county irrigation area is granted by permission.

(2) The rights to water efforts for irrigation as are referred to in the verse (1) is given in the form of a Gubenur Decision, based on a water company ' s permit for irrigation.

(3) The approval of the request as referred to in verse (2) is given selectively by keeping the use of water for the fulfillment of the daily principal needs and irrigation of the people's farm.

(4) The right to use. Water for irrigation as referred to in verse (1) is given to certain areas of service at the entrance to the main building.

(5) The right to water efforts for irrigation as referred to in paragraph (4) is given for certain services areas at most 10 (ten) years and may be extended.

(6) The right to water efforts for irrigation is evaluated every 5 (five) The year by the Governor, to review the suitability of the right to water efforts for irrigation with the use of water and the availability of water at its source.

(7) The evaluation results as referred to the paragraph (6) of the Governor's, as the basis To continue, to adapt, or to revoke the right to water efforts for irrigation.

Section 31

Giving permission to obtain water rights for irrigation as referred to in Section 25, guidelines on the provisions of the applicable laws.

Third Part

Water Supplies Irrigation

Article 32

(1) The irrigation water supply is intended to support land productivity in order to increase the maximum agricultural production.

(2) In certain matters, the provision of irrigation water as referred to in verse (1) may be provided within a certain limit for fulfillment of other needs.

(3) The provision of irrigation water as referred to in verse (1) is planned based on the forecast of water availability at its source and used as the basis for the preparation of the planting plan.

(4) In the provision of irrigation water as contemplated on verse (1), the Regional Service is attempted:

a. Optimization of irrigation water utilization in irrigation or irrigation areas.

b. The reliability of irrigation water availability and irrigation water quality in order to provide irrigation water.

Section 33

(1) Drafting of the plant plan as referred to in Article 26 of the paragraph (3) was implemented by the Regional Service based on the proposed P3A.

(2) The drafting of the provincial irrigation area's cultivation plan was jointly conducted by the Regional Service related and discussed through the Inter Provincial Irrigation Commission.

(3) The irrigation water supply for the preparation of the plant plan exercised under applicable law provisions.

Article 34

(1) The irrigation water supply as referred to in Article 21, is compiled in the annual plan of providing irrigation water in each area irrigation.

(2) The planned annual plan of irrigation water as referred to in verse (1) is compiled by the Regional Service based on the proposal of the P3A which is based on the design of the plant plan.

(3) The draft annual plan of irrigation water as referred to in paragraph (2) is discussed and agreed in the Irrigation Commission The province corresponds to the irigas area.

(4) The planned annual plan of irrigation water as referred to in verse (3) is delivered by the Provincial Irrigation Commission in the meeting of the Water Resources Council in question to obtain water allocation for irrigation.

(5) The planned annual plan of irrigation water as referred to in verse (4) is set by the Governor.

(6) In terms of the availability of water from the water source is insufficient that it causes a change in the water supply plan resulting in change of water allocation for irrigation, the P3A adjusts the design of the plant plan in the irrigation area concerned.

Article 35

In terms of drought on water sources resulting in irrigation water shortages so required irrigation water substitution, the Regional Service can be contesting additional irrigation water supply from other sources of water or performing an adjustment of provision and irrigation water settings after paying attention to input from the Irrigation Commission in accordance with applicable laws.

Part Fourth

Irrigation Water Settings

section 36

(1) The implementation of water arrangements Irrigation is based on an annual plan of irrigation water arrangements containing the annual plan of division and irrigation water.

(2) The draft annual plan of division and irrigation irrigation was compiled by the Regional Service based on the plan The annual provision of irrigation water and the proposed P3A regarding water needs and planting plans.

(3) The draft annual plan of the division and granting of irrigation water as referred to in verse (2) was discussed and agreed upon by the Provincial Irrigation Commission. corresponds to the irigas area with regard to the need for water for irrigation which agreed to the P3A in any irrigation area.

(4) The draft annual plan of the division and irrigation water as referred to in verse (3) which the Irrigation Commission has agreed to the Governor.

(5) the division and grant of water Irrigation based on the annual plan of division and irrigation water as referred to in verse (4) begins in primary, secondary to tertiary order by the executor of irrigation management according to each other's needs.

Article 37

(1) The division of irrigation water in primary and/or secondary networks is carried through the building for or building for the specified disadap.

(2) The feeding of irrigation water to tertiary tenement must be

Article 38

(1) The use of irrigated water at tertiary level becomes the right and responsibility of the P3A.

(2) The use of irrigation water is carried out from tertiary channels or quaternary channels on the taking place that has been set by P3A.

(3) The use of water outside of paragraph provisions (2), done after getting permission from the Governor.

(4) The use of water usage as referred to in paragraph (3) can be delegated to the Head of the Service.

Article 39

(1) In terms of the provision of insufficient irrigation water, the irrigation water setting is carried out in rotation specified by the Governor.

(2) The irrigati>(4) The right to use water for irrigation for folk agriculture on new irrigation systems and an improved irrigation system is given to the peasant community through P3A based on the application of water use permits for irrigation.

(5) the right to use use water for irrigation as referred to in verse (4) given in each area irrigation at the door of the take on the main building.

(6) The right to use water for irrigation as referred to in verse (4) is given in the form of the Governor ' s Decision according to his authority equipped with details of tvernment sets the border with the irrigation network which is the authority, namely:

a. 50 meters if it is outside the neighborhood;

b. 25 meters if you're in a neighborhood.

(3) To prevent the loss of irrigation water and damage to irrigation networks, the Local Government sets a ban on making the burrow at a certain distance beyond the border.

(4) For the purposes of securing irrigation networks, it is forbidden to change and/or dismantle irrigation buildings as well as other existing buildings, set up other buildings inside, above, or that crosses the irrigation channel, planting and building in the irrigation border area, except for the Regional Government ' s permission.

section 53

Implementation of the operation and maintenance of irrigation networks, the designation The border of irrigation networks, and the protection of irrigation networks guidelines on the provisions of applicable laws.

Second Section

Irrigation Network Rehabilitation

Article 54

(1) Rehabilitation The irrigation network is based on the order of priority for irrigation improvements that the Local Government specified, upon consideration of the Provincial Irrigation Commission, and in compliance with applicable laws.

(2) Rehabilitation of irrigation networks as referred to in paragraph (1) must get permission and design approval from the Governor.

(3) The rehabilitation supervision of irrigation networks is carried out by the Regional Service.

Article 55

(1) The governor is responsible in rehabilitation of primary irrigation networks and secondary.

(2) P3A can play a role as well as in rehabilitation of primary and secondary irrigation networks according to the needs and abilities under the approval of the Governor.

(3) Rehabilitation Of Tertiary Irrigation Networks becomes the right and The responsibility of P3A.

(4) In terms of P3A unable to carry out the rehabilitation of tertiary irrigation networks into rights and responsibilities, the Local Government can help rehabilitation of tertiary irrigation networks based on requests from P3A with regard to the self-reliance principle.

(5) The business entity, the social body, the individual, or the P3A are responsible for the rehabilitation of the irrigation network that it built.

Article 56

(1) Rehabilitation of irrigation networks resulting in the conversion of and/or the dismantling of primary and secondary irrigation networks must get permission from the Governor.

(2) The alteration and/or dismantling of tertiary irrigation networks must obtain approval of the P3A.

(3) The necessary drying time for rehabilitation activities and increased irrigation networks should be scheduled in the planting plan.

(4) The drying time required for the planned rehabilitation activities, The rehabilitation of the emergency, or an increase in the irrigation network may be at least 6 (six) months.

(5) The distraction that takes longer than the terms as referred to in verse (4) is set by the Governor.

(6) The interchange as referred to in verse (5), is exercised by the Regional Service.

(7) irrigation network rehabilitation permit as referred to in paragraph (1) may be delegated to the Head of the Service.

BAB XIII

MANAGEMENT OF IRRIGATION ASSETS

The Kesatu Section

General

Section 57

The management of irrigation assets includes inventories, management planning, execution of management, and evaluation of the implementation of irrigation asset management, as well as updates for the inventory of irrigation assets.

Second Part

An inventory of irrigation assets

Article 58

(1) Irrigation Asset is composed from an irrigation network and an irrigation management support.

(2) The inventory of irrigation networks aims to obtain the amount data, dimensions, types, conditions, and functions of all irrigation assets as well as water availability data, asset value, and areal services on any irrigation area in the framework of irrigation system sustainability.

(3) The inventory of irrigation management advocates aims to obtain the amount data, specifications, conditions, and function of irrigation management support.

(4) The Regional Service carries out an inventory of irrigation assets.

(5) Regional Services conducted a compilation of the inventory results of irrigation assets performed by the Government/City Government and the Local Government.

Article 59

(1) The inventory of irrigation networks as referred to in Article 53 verse (2) is performed once a year in any irrigation area.

(2) The inventory of irrigation management is referred to in Article 53 of the paragraph (3) of 5 (five) years in any irrigation area.

(3) the Government The area developed an irrigation information system based on documents the inventory of irrigation assets as referred to in Article 53 of the paragraph (1).

(4) The irrigation information system as referred to in paragraph (3) is a sub-system of water resource information.

The Third Section

Irrigation Asset Management Planning

Article 60

(1) management planning Irrigation assets include analysis of data analysis of irrigation assets and the formulation of a follow-up plan to optimize the utilization of irrigation assets in any irrigation area.

(2) Local Government, in accordance with its authority assemble and establish an irrigation asset management plan 5 (five) years at once.

(3) The construction of an irrigation asset management plan is integrated, transparent, and accountable by involving all irrigation water-users and irrigation network users.

(4) The business entity, the social entity, the individual, or the water-users of the farmers of the water-users are compiling an irrigation asset management plan that is its responsibility on a sustainable responsibility.

Fourth Quarter

Managing Management Irrigation Assets

Section 61

(1) The Regional Service in accordance with its responsibility to carry out sustainable management of irrigation assets under the established irrigation asset management plan.

(2) The business entity, the social body, individual, or P3A carry out the management of irrigation assets that become a liability It is a continuous answer.

Article 62

The irrigation network that has been submitted while its assets and/or its management to the P3A is exercised in accordance with applicable law provisions.

Part Fifth

Evaluation Of Implementation Of Irrigation Asset Management

Article 63

(1) The governor conducts an evaluation of the execution of an irrigation asset per year.

(2) Evaluation of the implementation of the management of irrigation assets as contemplated on the paragraph (1) exercised by the Head of the Service.

(3) The business entity, the social body, individual, or P3A to assist the Head of the Servin networks.

Article 51

(1) In the course of operation and maintenance of the irrigation network carried out network security irrigation that aims to prevent irrigation network damage.

(2) The irrigation network 's irrigation as referred to in paragraph (1) is carried out by government agencies, P3A, and other parties in accordance with each other' s responsibility.

Section 52

(1) In order of the protection of irrigation networks is necessary for the establishment of a border with irrigation.

(2) The Regional GoON SYSTEM

Article 76

(1) The management of the management of the irrigation system was conducted through the Provincial Irrigation Commission, Interprovincial Irrigation Commission, and/or Irrigation Area Coordination Forums.

(2) In carrying out the coordination of the irrigation system, the Irrigation Commission may invite other interested parties to attend the Commission's hearings to obtain the necessary information.

(3) The InterCommission's work relations and the Irrigation Commission ("The Irrigation Committee"). Work relations between the Irrigation Commission and the Water Resources Board are consultative and co-ordinative.

(4) Coordination of irrigation systems in irrigation areas which become the authority of the District/City and the assigned irrigation areas by the Government and/or the Provincial Government to the District/City It goes through the District/City Irrigation Commission.

(5) Coordination of irrigation system on irrigation areas which are the provincial authority, national strategic irrigation area, and irrigation areas, both commissioned and uncommissioned by the Government to the Province exercised through the Provincial Irrigation Commission.

(6) The Provincial Irrigation Commission conducted the coordination of the management of irrigation systems with the entire City/City Irrigation Commission on its territory and the Inter-Provincial Irrigation Commission.

(7) Coordination management of irrigation systems on the cross-province irrigation area and the good irrigation area already commissioned and uncommissioned by the Government to the Province is implemented through the Provincial Irrigation Commission.

(8) The management of the management of irrigation systems whose tissues serve multipurpose in one irrigation area can be

bAB xVII

SUPERVISION

Section 77

(1) The Governor conducts oversight in the development and management of irrigation systems on any irrigation area, with involves the role of society.

(2) Surveillance as referred to in paragraph (1) includes activities:

a. monitoring and evaluation to conform to norms, standards, guidelines, and manuers;

b. reporting;

c. Recommended recommendations; and

d. practice.

(3) The role of the public in the supervision as referred to in paragraph (1) is done by passing the report and/or complaint to the authorities.

(4) P3A, the Entity, Social Agency, and the individual deliver the report on the development and management information of the irrigation system which is its responsibility to the Governor.

(5) In the framework of supervision as referred to in paragraph (1), the Regional Service provides development and management information the irrigation system is open to the public.

(6) Supervision the development and management of the provincial irrigation system is set with the Regional Regulations and guidelines on the provisions of the applicable laws.

BAB XVIII

SANCTION ADMINISTRATION

Article 78

(1) The Governor is authorized to make a government coercion of any person or body to prevent and terminate any acts of development, use of irrigation, the construction of irrigation networks, an increase in irrigation networks, alterations and or otherwise. the dismantling of irrigation networks, rehabilitation of irrigation networks, rehabilitation which results in the change and or dismantling of an irrigation network as referred to in Article 28 of the paragraph (1), Article 41 of the paragraph (1), Article 42 of the paragraph (2), Article 44 of the paragraph (2), Article 46 of the paragraph (1), Article 54 of the paragraph (1) and Article 56 of the paragraph (1).

(2) The governance of the government as it is referred to in paragraph (1) may be:

a. Forced withdrawal; and '

b. Revocation of the business permit.

(3) The authority as referred to in paragraph (1) may be delegated to the Head of the Service.

BAB XIX

INQUIRY

Article 79

(1) Under the provisions of the laws, Certain civil servant officials in the Government's Instancy environment, whose scope of duty and responsibility in the field of Irrigation, were given special authority as Investigators of the Civil Servant.

(2) In carrying out the duties of the Investigative Investigator of the State of the State of the State of the State of the State A civil as it is referred to in verse (1), mandatory guidelines on the provisions Applicable Criminal Events Law Act.

BAB XX

CRIMINAL provisions

Article 80

(1) Any person due to his actions may interfere with the drainage function as referred to in Article 40 of the paragraph (5), threatened with the most criminal confinement of 6 (six) months or a fine of the most Rp. 50,000.000.00 (fifty million rupiah).

(2) The criminal Tindak as referred to in paragraph (1) is a violation.

BAB XXI

provisions ELSEWHERE

Article 81

Things that have not been set up in this Regional Regulation as long as that of implementation, will be further regulated by the Governor.

BAB XXII

provisions CLOSING

Section 82

The rules of this section begin to apply at the date of the invitation.

In order for everyone to know it, ordered the invitation of this Area Regulation with its placement. in the section of the West Sulawesi province.

Set in Mamuju

on September 30, 2009

GUBENUR WEST SULAWESI,

H. ANWAR ADNAN SALEH

promulaled in Mamuju

on September 30, 2009

SECRETARY OF THE PROVINCE OF WEST SULAWESI PROVINCE

H.M. ARSYAD HAFID

SHEET AREA OF WEST SULAWESI PROVINCE IN 2009 NUMBER 13

EXPLANATION

REGULATION OF WEST SULAWESI PROVINCE

NUMBER 13 YEAR 2009

ABOUT

I R I G A S I

I. UMUM

The province of West Sulawesi formed under Law Number 26 of 2004, has great potential in the agricultural sector which plays a very strategic role in improving the economy of the West Sulawesi province, which not regardless of the role and function of the water. Irrigation as one of the supporting components of agricultural development has a very important role, in accordance with the agricultural development goal of increasing production for self-sufficiency rice to preserve. Food security, increasing farmers ' revenue, increased employment opportunities in the rural and nutritional improvement of families, as well as in line with the spirit of democracy. decentralization, and openness in the public life order needs to establish a policy of development and management of irrigation systems.

Seroads with the implementation of decentralization asas that give the Regions to the Organizing regional autonomy with the princip spatial plan.

(3) The Government The area is responsible for resetting the irrigation system in terms of:

a. most irrigation networks switched functions; or

b. partly irrigated land switching functions.

(4) The business agency, the social agency, or the agency that performs activities that can result in the function of irrigated land in violation of the region ' s layout plans as referred to in paragraph (1) The letter of a shall replace irrigated land and its network.

BAB XVI

COORDINATION OF THE IRRIGATIation, maintenance, and rehabilitation activities" as well as its planning activities.

Verse (2)

It is quite clear.

Verse (3) Participation of the peasant community Individuals in the development of da management of irrigation systems are restricted to things that do not have a collective impact, for example in the preparation of the plant plan, the distribution of water divisions.

In question, "the individual" is Non-governmental subjects that require water for agricultural ventures.

Participation. The terms can be performed gradually in accordance with its capabilities, which include institutional, technical, and financing capabilities.

The institutional ability may be indicated among other than the legal status of the organization, managerial ability, and the ability to be used in the system of the organization. Activate the administrator, and number of active organization members.

The institutional ability can be accommodated among the number of ulu-ulu (water springs) capable of dividing the water fairly and evenly, the irrigation network is well preserved, and increasing hodge.

The financing capabilities are indicated among others from the ability to finance the management of irrigation systems and the ability to manage it.

Verse (4) It is quite clear. Verse (5) In terms of already formed P3A, the participation of the peasant community must be channeled through

P3A.

Article 23 is pretty clear. Article 24 Verse (1)

Clearly enough.

Verse (2) Is quite clear.

Verse (3) Is pretty clear.

Article 25 is pretty clear. Article 26 referred to as " indigenous legal society ' is the society in fact

still exists and its existence is confirmed with the Regional Rule.

Article 27 Verse (1)

It is quite clear.

Verse (2) That is intent to "folk farming" is an agricultural resource that encompasses the range of commodities such as crops, agricultural crops, farms, farms, plantations, and agriculture.

and forestry, which is managed by the people with a certain area whose water needs is no more than 2 (two) litres per second per family head.

Verse (3)

The rights to water efforts for irrigation are intended only to meet the the need for water for its own farmlands outside of the people's farm.

Article 28 Verse (1)

The diaccrued with "developers", among others is the Government, Provincial Government/City, the business entity, the social body, community groups, or individuals who build or enhance irrigation systems at a Certain areas.

In question the "principle of water allocation principle" is a temporary designation given to the developer as a guarantee to obtain a certain amount of water from a given source of water after the irrigation is ready to function. The water allocation principle permit contains requirements, among others, discharges, water discharge, and given time.

Including the implementation of "existing irrigation systems" is an expansion of the irrigation system.

Verse (2)

Yang In question, "water needs" is the need for water untu water.

Which is referred to by "other interests" in this provision is the external interests of agriculture.

Verse (3) Is quite clear.

Verse (4)

Which is referred to with "the completed irrigation network built" in terms of this is for construction new irrigation network or an upgrade of existing irrigation networks.

Article 29 Verse (1)

Which is referred to "obtained without permission" is the right to use water for irrigation to be acquired by peasant people with free passes reinforcement in the form of documents that are actively given collectively by the Government through P3A.

In question the "needs of water for the people's agriculture" is the need for water for agriculture, which includes commodities, food crops, horticulture, fisheries, plantations and forestry, which are managed by the people. Certain extent that the water needs is no more than 2 (two) litres per second per family head.

The existing irrigation system " is an irrigation system that is already built entirely or in part by the Government at times. 2004 Invitation-Invite Number 7 of the Water Resources.

Verse (2)

The right to use water for irrigation obtained by P3A is the right to use water which is one whole unit in an irrigation area.

Verse (3)

The intent of inclusion of primary, secondary, and tertiary tenement lists, as well as the need for water in the designation letter is to further strengthen the guarantee of the farmer.

Verse (4)

These provisions apply to irrigation systems. new and improved irrigation systems based on the peasant community swadaya.

Verse (5) Pretty clear. Verse (6) Is quite clear. Verse (7) Is quite clear. Verse (8) Evaluation is done, among other things, based on changes in water availability and the use of

nair, for example due to the condition of nalam, an areal-wide change which is watted by irrigation networks, changes in plant types, and planting time.

Verse (9) Pretty clear.

Section 30 Verse (1)

Quite clearly.

Verse (2) Is quite clear.

Verse (3)

It is pretty clear.

Verse (4)

Verse (5)

Quite clear.

Verse (6) Evaluation is done, between other, based on changes in the availability of water and water use, for example due to the conditions of nalam, The wide change of the area is wated by irrigation networks, changes in plant types, and planting time.

Verse (1) is pretty clear.

Article 31 is pretty clear. Section 32 Verse (1)

Verse enough.

Verse (2) Which is referred to "in terms of terrentu" is e.g. drought, fire.

Which is referred to by "other needs" is: a. Essential needs are at least a day; b. Needs for countermeasures of raw water shortage for home drinking water

stairs; c. water needs for fire outages; d. needs for countermeasures due to water pollution,

Verse (3) The planting plan contains plant types, planting sites, planting schedules, and expanse

planting.

Verse (4) Letters a

Optimizing the utilization of irrigation water in one iric area can be done, among other things by dividing one irrigation area within a few groups of paddy tenement groups based on patterns and planting.

Optimizing the use of irrigation water between irrigation regions can be done with time-setting start planting between upstream irrigation areas with the irrigation area of the downstream that gets water from the same source.

The letter b is quite clear.

Article 33 Verse (1)

The planting plan in a Kabupate/City consists of Plant/City Services for irrigation areas that are the authority and plan of the planting compiled by the Provincial Service for the irrigation area located within the District/City which is the authority Province.

Verse (2) Pretty clear.

Verse (3) Is pretty clear.

Verse (4) Is pretty clear. Verse (5) Is quite clear.

Article 34 Verse (1)

It is pretty clear.

The technical assistance to the District/City Government is given through the consultation process by keeping the principle of self-reliance.

The letter i is quite clear.

Article 21 of the cooperation which can be shared by P3A. In case the P3A has not yet formed, the approval

is granted by the District/City Government based on a peasant society deal. Article 22 Verse (1)

Included in the execution of "construction, enhancer, operlementation of the drying.

Article 51 paragraph (1)

referred to by "irrigation network safeguards" in this provision is an attempt to prevent human or animal action that can damage the irrigation network.

Verse (2)

Which is referred to as "other parties" in this provision is an individual, an Entity ID, or a community group outside of the group/P3A.

Article 52

Verse (1) referred to as the "border crossing" is the security boundary for the channel and/or irrigation network building with a certain distance along the channel and around the building.

Verse (2)

Clearly.

Verse (3), referred to as "ditching", is a non-closed ground hole that can interfere with the security of existing irrigation networks, such as causing leaks, cracks, or avalanches in buildings.

Verse (2)

The type of building that is permitted is buildings which by technical considerations do not interfere with the function of irrigated networks.

The article 53 of the Guidelines is meant to include methods, criteria, and the layout. Section 54 Verse (1)

Redemption of the priority order of rehabilitation is based on the extent of the damage to the irrigation network, the extent of the services affected by the damage, the limitation of financing, and the magnitude of the impact arising from delays. Damage repair. The data is obtained from the search results of irrigation networks.

Verse (2)

Clearly enough.

Verse (3) Is pretty clear.

The article 55 is pretty clear. Article 56 Verse (1)

Clearly enough.

Verse (2) Is quite clear.

Verse (3)

It is fairly clear.

Verse (4) The meaning of the "state of emergency" in this provision is a sudden or unexpected malfunction. Previously, for example, the result of a catastrophic event of alan and/or embankment of a landslide.

Verse (5) It is quite clear. Verse (6) Is pretty clear.

Article 57

Pretty clear. Section 58

Verse (1)

referred to as "irrigation management advocates", among other institutions of irrigation management, human resources, and supporting facilities such as office buildings, telephone, guard homes, equipment warehouses, land, and vehicles.

Verse (2) Pretty clear. Verse (3) Is quite clear. Verse (4) Is quite clear. Verse (5) Is quite clear.

Article 59

Verse (1) The inventory of irrigation networks is part of the management of irrigation assets carried out annually in the form of the divinity of irrigation networks.

The results of such a dataset are is an annual evaluation or implementation of irrigation development and management.

Verse (2)

The inventory of the total irrigation assets is carried out 5 (five) years nationwide, beginning with the Ordinance of Regulation. This area.

The complete inventory output data is used as a material in the the drafting or evaluation of the medium-term and long-term plan of irrigation assets.

Verse (3) Is fairly clear.

Verse (4)

Quite clearly.

Section 60 Verse (1)

The management of irrigation asset management other than Used for the planning of irrigation network operations, it can also be used for other planning purposes, such as plans to drain the raw water, provide water for fisheries, and other land utilization plans.

Verse (2)

The management planning of irrigation assets is carried out across the Province region Starting from the release of the Daderah Rule.

Verse (3)

It is pretty clear.

Verse (4) Is pretty clear.

Article 61

Quite clear. Article 62

Quite clear.

Section 63

Verse (1) Evaluation of the implementation of irrigation asset management is carried out based on the results of data updates of the irrigation network and other irrigation assets as well as analysis of data progression of the results of the update referred to the plan management of the specified asset.

Verse (2) is quite clear. Verse (4)

The evaluation results of the implementation of irrigation assets are used as input for the management of irrigation assets the following year.

Section 64

Updates the results of the inventory of irrigation assets are changes in asset records irrigation network and/or irrigation management support.

The update is intended to recalculate the allocation of the real needs of operations and maintenance of irrigation systems and to know the value of the state ' s goods/wealth.

Update the inventory results of irrigation assets that are irrigated network irrigation It can be done based on proposals that have been discussed by engaging related parties and a thorough study and analysis, concerning technical, economic and social matters. As a follow-up to the update of the inventory results, there needs to be a rearrangement of the presence of irrigation management support.

Article 65

Is quite clear. Section 66

Paragraph (1) The financing of the development of irrigation networks covers the cost of planning and costs

the execution of the construction of an irrigation network.

Verse (2) Is quite clear.

Verse (3)

It is fairly clear.

Verse (4) Help The financing of the development of tertiary irrigation networks from the Regional Government is coordinated so that it can be avoided by dual financing aid.

The principle of self-reliance is to include self-reliance on financing, technical capability, and institutional.

Verse (5)

Pretty clear.

Verse (6) Pretty clear.

Verse (7)

Quite clear.

Article 67

Verse (1) Is clear enough.

Verse (2)

In question the "real needs number" is the quantity of the cost calculated based on the actual needs of operating the operation, maintenance and rehabilitation of each building and each channel field to maintain the condition and function of the irrigation network.

Verse (3)

Which is referred to "network tracking" is the direct examination of the conditions and functions of the irrigation network.

Which is referred to by "contribution" in this provision is the financing section that can be provided by P3A, either of fund, power and material.

Verse (4)

Pretty clear.

The article 68 is pretty clear. Section 69 is quite clear. Article 70 Verse (1) Is quite clear. Paragraph (2)

The help of financing the management of tertiary irrigation networks from the Regional Government is coordinated so that it can be avoided by dual financing assistance.

The principle of self-reliance includes self-reliance on financing, technical, and institutional capabilities.

Verse (3)

It is pretty clear.

Verse (4) In question the "irrigation network users" in this provision is an irrigation inspection road user and an irrigation network user as intended in Article 12 of the paragraph (2).

Article 71

Quite clear. Section 72

Verse (1) The intent of "coordinating and ,

the groundwater irrigation network, the microirrigation network, and the irrigation network section built by the P3A.

Article 50

Verse (1) Is pretty clear.

Verse (2)

The distraction can be part by section according to the schedule of water needs to not interfere with the water in need of water.

Scheduled back Irrigation water is carried out by agreement between the Local Government and the P3A, as well as being notified to P3A and the users of the slowest irrigation network 30 (thirty) calendar days prior to the impcombining planning" is to injure any overlap or gaps in the financing of irrigation areas.

In the execution of coordination and the planning allotedness Financing the management of irrigation networks, the Provincial Irrigation Commission may involve the Government, Local Government, Municipal Government/City and other related parties in the implementation of the management of irrigation networks.

Verse (2)

It's pretty obvious.

Paragraph (3) Implementation of the management of irrigation network management on any irrigation area is carried out in accordance with the coordination results in the determination of the allocation of irrigation management funds.

Verse (4)

Quite clear. Section 73

It is quite clear. Article 74

Verse (1) The Local Government is contesting the availability of a minimum area of irrigation.

The minimum area is a comparison between the area of agricultural land irrigated by 1 (one) hectares and the the needs of rice for 25 (twenty-five) people.

Verse (2)

It is pretty clear.

Verse (3) Clearly.

Article 75

Verse (1) The letter in case of changes to the region's spatial plan, reworked

irrigated land in other locations.

The letter b is quite clear.

Verse (2)

Enough Clear. Verse (3)

The rearrangement of irrigation systems is the rearrangement of irrigation systems related to technical and administrative aspects, for example channel layout, channel dimensions, update results inventory of irrigation assets, and deletion His celebration.

Verse (4)

Quite clear. Article 76

Verse (1) Is quite clear.

Verse (2)

It is fairly clear.

Verse (3) referred to as ' consultative and co-ordinative " is the equivalent relationship.

Verse (4)

It is quite clear.

paragraph (5)

In coordination, the Provincial Irrigation Code may involve the District/City Government.

Verse (6)

Pretty clear.

Verse (7) Is pretty clear.

Verse (8)

Pretty clear. Section 77

Verse (1) Surveillance in this provision includes oversight of the government's irrigation systems and irrigation systems built by the public.

Verse (2)

Which is referred to as "application" is the activity The protection and repair of irrigation networks to keep the condition and function awake, and prevent any deviation in the development and management of the irrigation system.

Verse (3) Is pretty clear.

Verse (4)

Quite clear.

Verse (5) Information on the development and management of the supplied irrigation system Includes an irrigation system built by the Government, Local Government, County/City Government, P3A, Enterprise, Social and Social Agency.

Verse (6)

It is fairly clear.

Verse (7) It is fairly clear.

Article 78

Enough Clear. Article 79

Verse (1) That certain civil servant officials in the environment of government agencies

whose scope of duty and responsibility in the area of environmental management

life is given special authority as a PPNS.

The authority in question is:

1. Received a report/complaint from a person about the presence of a criminal offence for violation of regional regulations.

2. Conduct the first act and check on the scene.

3. Stop someone and check out the suspect's self-identification.

4. Doing confiscation of objects or letters.

5. Took fingerprints and photographed the suspect.

6. Taking someone to be heard and checked as a suspect or a witness.

7. Bring the necessary experts in conjunction with the case check.

8. Conducting a termination of the investigation after receiving instructions from an investigator that there is not enough evidence or event is not

is a criminal offence and subsequently through investigators

notifying it to the public prosecutor, the suspect or

his family.

9. Perform other actions according to the law which can be held accountable.

Verse (2) is pretty clear.

The article 80 is pretty clear. Article 81 is quite clear. ADDITIONAL SHEET AREA OF WEST SULAWESI PROVINCE NUMBER 45