SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 147, 2004 | (Explanation in Additional State Sheet of the Republic of Indonesia Number 4453) |
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
NUMBER 45 YEAR 2004
ABOUT
FOREST PROTECTION
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,,, weighed: that in order for further implementation of the provisions of Article 46 to Article 51, Article 77 and Article 80 of the Law No. 41 of 1999 on Forestry, then it is necessary to establish a Government Regulation on the Protection of the Forest.
.,, Given: 1. Section 5 of the paragraph (2) and Article 33 of the paragraph (3) of the Basic Law of 1945 as amended by the Fourth Amendment of the Basic Law of 1945;
., 2. Law Number 5 of the Year 1960 on the Basic Regulation of the Foundation of Agrarian (State of the Republic of Indonesia in 1960 No. 104, Additional Gazette State Number 2034);
., 3. Law No. 5 of 1990 on the Conservation of the Natural Resources of Hayati and its Ecosystem (sheet of state of the Republic of Indonesia in 1990 No. 49, Additional Gazette number 3419);
., 4. Law No. 24 of 1992 on the Alignment of the Space (State Sheet of the Republic of Indonesia of 1992 Number 115, Additional Gazette State Number 3501);
. .5. Law No. 23 of 1997 on the Governance Of The Living Environment (sheet Of State Of The Republic Of Indonesia In 1997 Number 68, Additional State Sheet Number 3699);
., 6. Law No. 41 of 1999 on Forestry (sheet of state of the Republic of Indonesia in 1999 number 167, additional state sheet number 3888) as amended by Law No. 19 of 2004 on Government Regulation Penetration Successor Act No. 1 of 2004 on Change of Law of 1999 Number 41 on Forestry Act (Sheet State Republic Of Indonesia In 2004 Number 86, Additional Leaf Country Number 4412);
., 7. Act No. 18 Year 2001 on Special Autonomy For Aceh Special Region Province as Province Nanggroe Aceh Darussalam (State Sheet Of The Republic Of Indonesia In 2001 Number 114, Additional Gazette State Number 4134);
., 8. Law No. 21 Year 2001 on Special Autonomy for Papua Province (State of the Republic of Indonesia 2001 Number 135, Additional Gazette State number 4151);
., 9. Law No. 32 Year 2004 on Regional Governance (State Gazette 2004 Number 125, Additional Gazette State Number 4437);
DECIDED:
Establish: The Government of the Republic of Indonesia ' s Government Regulation on Forest Protection
BAB I
UMUM PROVISIONS
The Kesatu section
Understanding
Section 1
In this Government Regulation, which is referred to by:
., 1. Forest protection is an attempt to prevent and limit forest damage, forest areas and forest outcomes, caused by human acts, livestock, fires, natural resources, pests and diseases, and maintaining and maintaining the rights of the state, People and people of the forest, forest areas, forest products, investments, and devices associated with forest management.
., 2. The Forest Police is a particular official in the scope of the central forestry agency and the area that corresponds to the nature of its work, organizing and or carrying out a forest protection effort by the power of legislation granted the police authority. specialized in the field of forestry and conservation of natural natural resources and its ecosystem.
., 3. Officials of the Civil Servancy of Forestry are the officials of a particular civil servant in the scope of the central forestry agency and the area by which the legislation is given the special powers of inquiry in the field of forestry and conservation of natural resources. Bio and ecosystem.
., 4. The Forest Security Unit is an organic employee appointed by the leadership of a forest or forest utilization company, which is formed by the customary law society to carry out security duties in the forest area. Answer.
. .5. A society is a person, a group of people, including a customary law society or a Legal Body.
6. The Government is the Central Government.
., 7. The Regional Government is the Regional Head and other Autonomous Region's device as the Regional Executive Board.
., 8. The Minister is the Minister for the duty and responsibility in the field of forestry.
The Second Part
Common
Section 2
(1) The protection of the forest is part of the forest management activities.
.,, (2) Forest protection activities as referred to in paragraph (1) are executed on the forest region in the form of a Unit or Conservation of Conservation Forest Management (Klays), Unit or Protected Forest Management Unit (KPHL), and Unit or Unity Management of Forest Production (KPHP).
Section 3
.,, (1) The protection of the forest as referred to in Article 2 becomes the authority of the Government and or the Local Government.
.,, (2) Forest protection activities as referred to in paragraph (1), in the region and for certain activities, may be devolve by the Government to the State-Owed Enterprises (BUMN) which moves in the field of forestry.
Section 4
.,, (1) In the framework of research interests, development, education and forestry training, religious and cultural, the Minister establishes forest protection with special purpose.
.,, (2) The protection of forests in forest areas with special purpose as referred to paragraph (1) for activities:
.,
., a., a. research and development can be provided to institutions carrying out research and development activities;
., b. education and training can be provided to institutions carrying out educational and training activities;
.,, c. religious and cultural can be given to institutions carrying out religious and cultural activities.
.,, (3) The protection of the forest with special purpose as referred to in paragraph (2) is set by the Minister.
.,, (4) Further provisions on forest protection with special purposes as referred to in paragraph (1) and verse (2) are governed by the Minister.
The Third Part
The Purpose and Forest Protection Principles
Section 5
Forest protection aims to maintain forests, forest products, forest areas and their environment, for protection functions, conservation functions, and production functions, be achieved optimally and lestary.
Section 6
Forest protection principles include:
., a., a. prevent and limit forest damage, forest areas and forest results, caused by acts of man, livestock, fire, natural-power, pests, and disease.
., b. maintain and maintain state, community and individual rights over forests, forest areas, forest products, investments and devices associated with forest management.
BAB II
IMPLEMENTATION OF FOREST PROTECTION
The Kesatu section
Preventing and Preventing Forest Damage, Forest Areas and
Forest Results Caused by Human Permade
Paragraph 1
Common
Section 7
To prevent, limit and maintain and maintain as referred to in Article 6 of the letters a and letter b caused by human deeds, then Government, Local Government and society:
., a., a. Do socializing and counseling laws in the field of forestry;
B. doing inventory inventory;
c. encourages increased community productivity;
D. facilitate the creation of a community institutional;
e. enhance the role as well as the community in forest management activities;
f. doing cooperation with the holder of the right or permission;
G. improving the effectiveness of the coordination of forest protection activities;
h. encourage the creation of a public livelihood;
i. improving the effectiveness of the reporting of forest security disruptions;
., j. take the first action necessary against the forest security disorder; and or
No, wearing sanctions against the violation of the law.
Section 8
.,, (1) The protection of forests over forest areas whose management is passed to the BUMN in the field of forestry, is exercised and becomes the responsibility of its traveler.
.,, (2) Forest Protection of forest areas that have become the working area of the area utilization permit, environmental service utilization permit, forest yield utilization permit, forest results permit, and use of use permit holder. The forest area is carried out and becomes the responsibility of the authorized holder.
.,, (3) The forest protection activities in the forest area with special purpose are exercised and become the responsibility of its traveler.
.,, (4) The protection of the forest as referred to in paragraph (1), paragraph (2) and paragraph (3) includes:
.,
., a., a. secure its work area that concerns forests, forest areas and forest outcomes including plants and animals;
., b. prevent forest damage from acts of man and livestock, forest fires, pests and diseases as well as natural resources;
.,, c. took the first necessary action against the presence of forest security disorder in his work area;
., d. report any event of a violation of law in its work area to the nearest forestry agency;
., e. Provide the means and infrastructure, as well as a forest security force which is suitable for the need.
.,, (5) More provisions on the implementation of forest protection as referred to in paragraph (4) are governed by the Minister.
Section 9
.,, (1) The protection of forests over forest areas whose management is passed to the customary legal society, exercised and became the responsibility of the customary law society.
., (2) The protection of the forest as referred to in paragraph (1) that is submitted to the customary law society, exercised on the basis of the traditional wisdom that applies to the customary legal society concerned with the assistance of the Government, provincial government and/or municipal/city government.
Section 10
.,, (1) The protection of the forest in the forest of rights, is exercised and becomes the responsibility of the holder of the rights.
.,, (2) The protection of the forest as referred to in paragraph (1) includes activities among other things:
., a., a. The prevention of interference from other parties is not entitled;
B. prevention, outages and fire impact handling;
c. provision of personnel and means of forest protection infrastructure;
D. maintaining and maintaining a water source;
., e. Conduct cooperation with fellow forest owners, forest area managers, forest utilization holders, polling permit holders, and the public.
Section 11
Government, provincial government and/or district/city government conduct facilitation, guidance, coaching, supervision in forest protection activities as referred to in Article 8, Article 9, and Article 10.
Paragraph 2
Forest Protection of Forest Results
Section 12
.,, (1) Any person who transports, controls or has the result of the forest is obliged to be equipped together with a legitimate letter of the forest results.
(2), (2) It is in the understanding of the forest results which are not equipped together with the letter of the result of the forest results:
.,
., a., a. the origin of the forest results and the destination of the transport does not correspond to the one listed in the result of the forest result;
., b. if the physical state, whether or not the amount or volume of the product of the forest that is transported, is controlled or partially owned or wholly unequal to the contents listed in the result of the forest result;
.,, c. at the same time and place is not accompanied and equipped with valid letters as proof;
D. The Expiration of the expiring Forest Results has been exhausted;
e. The forest has no sign of the forest results.
., (3) More Terms of Use of the forest results are governed under applicable law.
Section 13
.,, (1) The protection of forest outcomes is exercised to avoid overuse of forests and or illegitimate.
.,, (2) The protection of forest results as referred to in paragraph (1) is exercised through the activities of coaching, supervision and order of order.
Section 14
.,, (1) Forest utilization and the use of forest areas can only be done if it has had the permission of the official authorities.
(2) It is included in the forest utilization activities without permission is:
.,
., a., a. permission to use the forest utilization beyond the given areal;
., b. The use of forest utilization exceeds the allowed volume target;
.,, c. permit holders perform the capture/collection of fauna flora exceeding the specified target/quota;
., d. Permit holders to use forest utilization within a radius of a specific location that is prohibited.
., (3) Further provisions of forest utilization and the use of forest areas are regulated according to the regulations of the applicable laws.
The Second Part
Forest protection of the Ternak Disorder
Section 15
.,, (1) To prevent and limit the damage as referred to in Article 6 of the letter a of the cattle disorder, in the region of the production forest can be set the location of cattle grazing.
.,, (2) The feeding of cattle grazing locations as referred to in paragraph (1) is carried out by the Head of the Forest Management Unit.
.,, (3) For the benefit of conservation and rehabilitation of forests, land and water, the Head of Forest Management Unit can close the location of cattle grazing as referred to in verse (2).
.,, (4) Further provisions on the designation of grazing of cattle in the region of the production forest as referred to in paragraph (1), are governed by the Decree of the Minister.
The Third Part
Forest protection from
Natural Power
Section 16
.,, (1) To prevent and limit the damage as referred to in Article 6 of the letter a due to the nature of the nature of the nature:
., a., a. Volcanic eruption with:
.,
., 1. convening cooperation with related agencies in order of volcanic monitoring, destruction of destruction that may occur and efforts to decipher it;
., 2. Protect and monitor the natural processes that support the rehabilitation of the forest damaged by volcanic eruptions;
3. The flow normalization of a cold lava flow.
B. Landslide with:
.,
.,, 1. create a permanent or semi permanent terrace on a slotted or steep land;
., 2. plant the types of trees that have high transpiration power and have a deep and wide assemblage on the sloping or steep lands.
C. Flooding with:
.,
., 1. conducts cooperation between agencies that are authorized in the handling of water resources issues especially in terms of river water behavior monitoring, flood encroachment and induced damage and normalization of the river flow;
., 2. carry out the greening and rebozation of the hydroological lands that are critical with the fast-growing species of plants or trees with regard to fitness between types with a growing place.
D. Storm, with:
.,
., 1. Protects the forests especially the wilds of the young forest, which is of high economic value from the threat of hurricanes by dividing the tegakan in blocks that each other is separated by the wind-holding path;
., 2. planted a tree as a more tightly packed wind-holding pathway called layer on the edge of the forest bordering on open land.
e. Drought, with:
., 1. protecting water sources and watershed areas;
2. Make a dam check, water bubble, reservoir;
3. Make an illumination of fire in the fire-prone forest.
f. Earthquake, with:
., 1. Identification of earthquake-prone locations and impact risk;
., 2. The provision of earthquake-prone maps of forest areas including natural asylum and natural preservation areas;
.,, 3. avoid building the means and permanent infrastructure in the quake-prone area.
., (2) Usaha-efforts to prevent and limit forest damage caused by natural power that is a mountain of erupting, landslides, earthquakes, storms, floods and droughts executed activities:
., a., a. monitoring the bio-physical environment that could potentially pose a natural disaster;
B. creating a disaster map location map;
c. build a technical civil building;
D. doing mindfulness coaching and counseling to the community;
e. maintaining the preservation of the value and function of forests as well as the environment; and or
f. Maintain the quality, value and usefulness of the forest.
.,, (3) Further provisions on forest protection of the natural resources as referred to in paragraph (1) are governed by the Minister.
The Fourth Part
Forest protection from
Pests and Diseases
Section 17
.,, (1) To prevent and limit the damage as referred to in Article 6 of the letter a, which is caused by pests and diseases, Government and or Regional Government:
., a., a. organizing pest research and plant diseases and animals;
B. hosting quarantined plants and animals;
c. controlling the plant population and the animals and its habitat; and or
., d. controlling pests and diseases with biological, mechanical, chemical, and or integrated methods.
.,, (2) Further provisions on forest protection of pests and diseases by the Government and/or the Local Government as referred to in paragraph (1), are governed by the Minister.
BAB III
FOREST PROTECTION OF THE FIRE
The Kesatu section
Common
Section 18
.,, (1) The forest protection of the fire as referred to in Article 6 of the letter a, is to avoid the forest damage caused by:
., a., a. human deeds;
B. Natural-power nature.
., (2) Human creation as referred to in verse (1) the letter a, among other things:
., a., a. doing forest burning without permission; or
B. Throw away things that can cause a fire.
(It will be said): "O my Lord!"
Section 19
(1) Each person is prohibited to burn the forest.
.,, (2) The exception of the forest burn ban as referred to in paragraph (1) is allowed to be done in limited use for special purpose or undiehard conditions, including:
., a., a. forest fire control;
a. Pest control and disease;
B. Plant and plant habitat;
.,, (3) The execution of forest fires for special purposes or unavoidable conditions as referred to in paragraph (2) must obtain the permission of the authorized official.
.,, (4) The burning of the forest for special purposes or inescapable conditions as referred to in paragraph (2) is further regulated by the Minister.
The Second Part
Fire Control
Paragraph 1
Common
Section 20
.,, (1) To prevent and limit forest damage caused by fires as referred to in Article 6 of the letter a, carried out control activities, which include:
., a., a. prevention;
B. outage;
c. Post-fire handling.
(2) The forest fire control activity is carried out at the level:
., a., a. national;
B. province;
C. district/kota;
D. The unit or the forest management unit.
.,, (3) National-level forest fire control is carried out by and becomes the Minister ' s responsibility.
.,, (4) Provincial fire control of the provincial level is carried out by and becomes the responsibility of the Governor.
.,, (5) District/city-level forest fire control is carried out by and become the responsibility of the Regent/Mayor.
.,, (6) The forest fire control levels of forest management are carried out by and become the responsibility of the Head of the Forest Management Force.
Section 21
.,, (1) At the national level the Minister establishes a national-level forest fire control program.
.,, (2) At the provincial level the Governor sets a provincial fire control program
.,, (3) At the district/city level, the Regent/Mayor sets out a forest fire control plan.
.,, (4) At the level of forest management unity, the Head of Forest Management Force sets out a plan for forest fire control activities.
Section 22
.,, (1) In the implementation of forest fire control, the Government is forming a forest fire control agency on the central, provincial, county and forest management units.
.,, (2) The forest fire control agency as referred to in paragraph (1), called the forest fire control brigade.
.,, (3) The forest fire control brigade as referred to in paragraph (2), tasked with compiling and carrying out forest fire control programs.
.,, (4) The coordination and layout of the forest fire control brigade work is governed by the Minister ' s Decision.
Paragraph 2
Prevention
Section 23
.,, (1) In the course of forest fire prevention as referred to in Article 20 paragraph (1) letter a, carried out activities:
., a., a. On a national level, among other things:
., 1. create a national forest fire swarm map;
2. develop a forest fire information system;
3. set a partnership pattern with the community;
4. set the standard of forest fire control equipment;
5. create a firebending program and fire control campaign;
6. establish a fire prevention training pattern; and
7. carry out coaching and supervision.
B. At the provincial level, among other things:
., 1. create a map of the province ' s forest fires;
2. create model-counseling models;
3. carry out forest fire prevention training;
4. Make a clue to the execution of a forest fire blackout;
5. conduct forest fire equipment; and
6. carry out coaching and supervision.
C. At the county/city level, among other things:
., 1. conduct a forest fire-prone location evaluation;
2. conduct counseling;
3. Make a technical hint of execution of a forest fire blackout;
4. conduct forest fire equipment; and
5. carry out coaching and supervision.
., d. 1. At the level of forest management of the production forest, forest management units are protected, forest utilization permits, forest and forest use permits, among other things:
a) conducting inventory of forest fire prone locations;
b) inventory the cause of the fire cause;
c) set up the fire squad;
d) make the procedure fixed a forest fire blackout;
e) conduct a forest fire blackout means; and
f) make a burn.
., 2. At the level of conservation of conservation forest management, among other things:
.,, a) perform inventory of forest fire-prone locations;
b) inventory the cause of the fire cause;
a) setting up the fire squad;
b) making the procedure fixed a forest fire blackout;
c) held the means of forest fire outages; and
d) make a burn.
.,, (2) Further provisions on forest fire prevention activities as referred to in paragraph (1) are governed by the Minister.
Paragraph 3
The outage
Section 24
.,, (1) In the course of a fire outage as referred to in Section 20 of the paragraph (1) the letter b, then any of the Forest's Use of the Forest, the Use of the Forest Area, the Owner of the Forest of Rights and or the Head of the Forest Management, is obliged to Conduct an action plan.
., a., a. perform forest fire detection;
B. the underlying to all existing resources;
c. make a burn in order to localize the fire;
D. mobilizing the public to speed the blackout.
., (2) Licensee's use of the Program (2) Licensee's use of the Program, Licensee may use the Program to use the Program, as well as the following:
.,
., a., a. coordination with related agencies and public figures in order to accelerate outages, evacuation, litigation and prevent disasters;
., b. reporting to the Regent/Mayor about the forest fires that occur and the actions of the outage are committed.
.,, (3) Based on the report as referred to in paragraph (2) the letter b, the Regent/Mayor performs:
., a., a. detection of forest fires;
., b. the mobilization of fire brigade and the coordination of related agencies and public figures;
., c. Delivery of the report to the Governor and Minister about the forest fires that have occurred, actions that are already and will be done.
.,, (4) Based on the information and or reports as referred to in paragraph (3), the Governor does:
., a., a. detection of forest fires;
., b. the mobilization of fire brigade and the coordination of related agencies and public figures;
., c. the delivery of the report to the Minister about the forest fires that have occurred, the actions that are already and will be done.
.,, (5) Based on the information and or reports as referred to in paragraph (3) and paragraph (4), the Minister does:
., a., a. detection of forest fires;
B. coordination and mobilization of the power, the means and infrastructure of forest fires.
.,, (6) In order of coordination and mobilization as referred to in paragraph (5) letter b, the Minister forms the Forest Fire Operations Control Center.
Section 25
The coordination and layout of the fire blackout work as in which Article 24 is set up with the Minister ' s Decision.
Section 26
To limit the overflow of forest fires and speed up the fire outages of every person who is in and around the forest is mandatory:
., a., a. report on the event of a forest fire to the local village chief, forestry officer, head of the Forest Management Service, holder of the Forest utilization, Forest Area Use, or Forest Owner of the Rights.
B. help to quell forest fires.
Paragraph 4
Post Fire Handling
Section 27
In the case of post-forest fire handling as referred to in Article 20 of the paragraph (1) letter c, the activities attempt included:
a. identification and evaluation;
B. rehabilitation;
c. law enforcement.
Section 28
.,, (1) Head of the Forest Management Service, holder of the Forest utilization permit, the use of the Forest Area Use, or the Owner of the Forest for the Right to perform the identification and evaluation activities as referred to in Article 27 of the letter a.
.,, (2) The identification and evaluation activities as referred to in paragraph (1), are:
., a., a. Data collection and fire information;
B. the measurement and sketch of the fire location;
c. Analysis of damage and recommendation level;
.,, (3) Further provisions on identification and evaluation as referred to in paragraph (2) are governed by the Minister.
Section 29
.,, (1) Based on the results of the activities as referred to in Article 28 of the paragraph (2), carried out rehabilitation activities.
.,, (2) The rehabilitation activities are conducted by the Head of the Forest Management Service, the Forest utilization permit holder, the Forest Area Use Holdholder, or the Owner of the Rights Forest.
(3) The rehabilitation activities are set out in its own Government Regulation.
The Third Part
The Criminal and Perdata Responsibility
Section 30
.,, (1) Forest Service Provider ' s Licensees, Licensee's Authorized Use of the Forest Area or the Owner of the Forest of Rights is responsible for the occurrence of forest fires in its work area.
(2) The liability as referred to in paragraph (1) includes:
., a., a. criminal liability;
B. data responsibility;
c. pay damages; and or
D. Administrative sanction.
Section 31
Law enforcement of forest fire felon is carried out in accordance with applicable law.
BAB IV
FORESTRY POLICE, CIVIL CIVIL SERVANT INVESTIGATOR FORESTRY
AND THE FORESTRY SECURITY UNIT
The Kesatu section
Forestry Police
Section 32
.,, (1) To guarantee the establishment of forest protection, then to certain Forest Officials in accordance with the nature of its work is given special policing authority in its field.
.,, (2) Certain Forest Officials who have special police authority as referred to in paragraph (1) include:
.,
., a., a. Civil servant who was appointed as a functional officer of the Forest Police;
., b. Employee of the Indonesian Public Forest Service (Perum Perhutani) who was appointed as the Forest Police;
., c. Structural officials of the Central Forestry Agency and the Regions corresponding to the task and function have the authority and responsibility in the field of forest protection.
Section 33
.,, (1) To be able to be appointed to Police Forestry one must meet certain requirements.
.,, (2) The Requirements and Terms of Appointment as referred to in paragraph (1) are governed further by the Minister.
Section 34
.,, (1) For the hosting of the Forestry Police task, set the standard arrangement of the personnel organization and the standards of the Forestry Police equipment.
.,, (2) The standard arrangement of the personnel organization and the standard of Forest Police equipment as referred to in paragraph (1) are further regulated by the Minister.
Section 35
In order to carry out its duties in accordance with the principles of forest protection as referred to in Article 6, the Forest Police has the authority to carry out duties in its jurisdiction.
Section 36
.,, (1) The authority of the Forest Police as referred to in Article 32 includes activities and special policing actions in the field of preventive forestry, administrative actions and repressive operations.
(2) The authority as referred to in paragraph (1) includes:
., a., a. conduct a patrol/desecration within a forest area or its legal region;
., b. examine the papers or documents related to the transport of forest results in the forest area or its jurisdiction;
., C. received a report on the occurrence of felon crimes involving forest, forest areas, and forest results;
., d. Looking for evidence and evidence of a felony involving forest, forest, forest, and forest results;
., e. in the matter of being caught hand, obliged to arrest the suspect to be handed over to the authorities; and
., f. Make a report and sign a report on the occurrence of felon-related crimes, forest areas, and forest results.
.,, (3) Forestry Police on the order of the authorized leadership to conduct an investigation, in order to search and arrest the suspect.
Section 37
The Forestry police who have met the requirement can be appointed Acting Officer of Civil Service Civil Servlet.
The Second Part
Civil Service Investigators Official
Section 38
.,, (1) National Police Service Investigators officials are civil servants in the environment of central forestry or area, which by and on the power of legislation has special authority as an investigator as referred to in the Law No. 5 of 1990 on the Conservation of Natural Resources Hayati and Ekosystem and Law No. 41 of 1999 on Forestry.
.,, (2) the legal region or the work area of the Civil Servlet Officer of the central or regional forestry agency as referred to in paragraph (1) in accordance with the administration area of the government of both the central and regional authorities.
.,, (3) The appointment of civil servants of the Forestry Agency to be appointed as Acting Officer of the Civil Service is carried out by the Minister or the Governor or Regent/Mayor in accordance with the status of its employees.
.,, (4) Based on the appointment, the Officer of the Civil Service Investigator as referred to in paragraph (3) was proposed by the Minister in accordance with the laws applicable to the official who is authorized to be appointed as Investigator Officer Civil servant.
.,, (5) The placement of a civil servant investigators who has been appointed as referred to in verse (4) is defined by the Decree of the Minister or the Governor or the Regent in accordance with the status of its employees.
Section 39
.,, (1) The official police officer of the Civil Ministry of Forestry authorized the investigation of criminal offences and violations as referred to in Article 78 of the Law No. 41 of 1999 concerning Forestry.
.,, (2) In order of the administrative activities of the inquiry, the Acting Officer of the Civil Service in particular may directly deliver a letter of notice to the related agencies and its findings to the National Police Investigator of the Republic of State. Indonesia.
.,, (3) Officials of the Civil Service Investigator of Forestry in carrying out his duties were under the coordination and supervision of the Investigator Officer of the Indonesian National Police.
.,, (4) The results of the investigation by the Officer of Civil Service Investigations of the Forest were handed over to the General Prosecuting Act of the Law of Criminal Events (KUHAP).
(5) Civil Service Investigators officials at the time of carrying out the investigation of the criminal conduct, if found in the presence of an alleged crime or a common criminal offence associated with the follow-up. The forestry criminal, must immediately submit to the Acting Officer of the State Police of the Republic of Indonesia.
Section 40
.,, (1) Civil Service Investigators officials can conduct detention in the coordination and supervision of the Investigator of the State of the Republic of Indonesia as per the Code of Criminal Events Act (KUHAP).
.,, (2) Detention by the Officer of the Civil Service Investigators over a suspect of a criminal in the field of forestry, must be carried out in a state inmate ' s house.
The Third Part
The Forestry Security Unit
Section 41
.,, (1) The Forestry Security Unit is set up by forest management rights holders or permit holders.
.,, (2) Members of the Forestry Security Unit are appointed by a forest manager or a permit holder whose number is adjusted to the area and intensity of the management or the use of forest utilization or the use of forest areas.
.,, (3) The task of Forest Safety Unit is limited to physical security in the areal environment of the forest which is its responsibility.
.,, (4) the Forestry Security Unit as referred to in paragraph (1) in carrying out its duties is responsible to the Chairman of the Company and in the coordination of the local forestry agencies.
.,, (5) The Organization, the number of personnel, equipment and operational patterns of the Forestry Safeguard Unit is further regulated by the Minister.
BAB V
CRIMINAL SANCTIONS
Section 42
Any person who violates the terms of Article 12 (2), is threatened with a prison criminal of the most five (five) years and the most fines of the Rp.10,000.000.000.00 (ten billion rupiah) as referred to in Article 78 of the paragraph (7) of the sentence (1). Law No. 41 of 1999 on Forestry.
Section 43
Any person who violates the terms of Article 14 of the paragraph (2), is threatened with a prison criminal of the longest 10 (ten) years and the most fines of the Rp.5.000.000.00 (five billion rupiah) as referred to in Article 78 of the paragraph (2) of the sentence (2). Law No. 41 of 1999 on Forestry.
Section 44
.,, (1) All the results of the forest which are not equipped together with the certificate of the result of the forest results as referred to in Article 12 of the paragraph (2) were deprived of the State.
.,, (2) Tools including the transport tool used for committing felon as referred to in Article 78 of the Law Number 41 of 1999 on Forestry were deprived of the State.
BAB VI
INDEMNATION
Section 45
.,, (1) Any unlawful conduct set up in the Forestry Act, by not reducing criminal sanctions, obliges to the responsible for the deeds to pay damages.
.,, (2) the payment of the damages as referred to in paragraph (1) is tuned by the charge to the State Kas.
.,, (3) The damages money as referred to in paragraph (2) is used for the cost of rehabilitation, restoration of forest conditions or necessary action.
., (4) Further provisions regarding the management and use of the damages costs as referred to in paragraph (2) and paragraph (3) are set together between the Minister and the Minister in charge of the financial field.
Section 46
.,, (1) The introduction of the payment and the magnitude of the damages by the charge of the deed as referred to in Article 45 of the paragraph (1) is set by the Minister.
(2) The indemnation of the damages payable by the charge of the act as referred to in the paragraph (1) is based on the extent of the damage to the forest or the resulting from the resulting state.
(3) The extent of the destruction of the forest or the resulting from the state as it is referred to in verse (2), is based on physical changes, physical properties, or the period of its nature.
.,, (4) Further provisions about the extent of forest damage or the effect inflicted upon the State as referred to in paragraph (3) are governed by the Minister.
BAB VII
COACHING, CONTROL AND SUPERVISION
The Kesatu section
Common
Section 47
.,, (1) To guarantee his tertide hosting of forest protection, the Minister is authorized to conduct coaching, control and oversight of the Governor ' s policy.
.,, (2) The governor conducts coaching, control and oversight of the Regent or the Mayor over the implementation of forest protection in his area.
The Second Part
Coaching and Control
Section 48
(1) Coaching as referred to in Section 47 of the paragraph (1) includes the granting:
., a., a. guidelines;
B. guidance;
C. training;
D. direction; and or
e. Supervision.
., (2) The granting of guidelines as referred to in paragraph (1) of the letter a addressed to the host of forest protection by the Provincial Government of the Province and or the County or the City including responsibility, report and evaluation of accountability the performance of the Governor and the Regent or the Mayor.
.,, (3) the granting of guidance as referred to paragraph (1) letter b addressed to the drafting of the procedure and the work order.
.,, (4) the granting of training as referred to in paragraph (1) the letter c is directed against the resource of the apparatus.
.,, (5) the granting of directions as referred to in paragraph (1) of the letter d includes the activities of drafting plans, programs and activities that are national.
.,, (6) Supervision as referred to in paragraph (1) letter e addressed to the implementation of some of the forest affairs activities which are devolve or submitted to the Provincial Government, the Government of the County or the Government of the City.
Section 49
., (1) The Controlling as referred to in Section 47 of the paragraph (1) includes activities:
., a., a. monitoring;
B. evaluation; and or
c. follow up
.,, (2) The monitoring activity as referred to in paragraph (1) the letter a is an activity for obtaining data and information, policy and implementation of forest protection.
.,, (3) The evaluation activity as referred to in paragraph (1) letter b is an activity to assess the success of the implementation of the forest protection done periodically.
.,, (4) the follow-up activity as referred to in paragraph (1) of the letter c is a follow-up to the monitoring and evaluation of the refinement of policy and the implementation of forest protection.
., (5) Further provisions about the periodic assessment of the execution of forest protection as referred to in paragraph (3) are governed by the Minister.
Section 50
.,, (1) The results of the control done by the Governor as referred to in Article 47 of the paragraph (2), are actionable by the Regent or the Mayor.
.,, (2) the Governor and the Regent or the Mayor report a follow-up to the outcome of the control to the Minister.
Section 51
The guidance and control guidelines as referred to in Article 47 up to Article 50 are further set up by the Minister
Section 52
The supervision provision as referred to in Article 47 is set up in its own Government Regulation.
BAB VIII
OTHER LAIN-CONDITIONS
The Kesatu section
The Proof of Goods
Section 53
., (1) Any evidence in the criminal case of forestry is stored or collected in places available on concerned forestry agencies, state body storage houses, or plant conservation agencies and wildlife.
.,, (2) The results of the forest are rapidly damaged and require a high cost to the storage it is attempted immediately to be auctioned.
., (3) The goods of evidence of protected plants and animals and or which are included on the Appendix I CITES list cannot be auctioned.
.,, (4) All the forest results of the proceeds of the crime and the offence and or the tools including its transport tools are used to commit crimes and or violations of being deprived for the state.
.,, (5) Evidence tools used to commit felon or returned to those entitled auctions or are returned to the right after a court decision that has had a fixed legal force.
(6) The execution of the evidence of evidence as referred to in verse (1), verse (2) and verse (3) is further regulated by the Minister.
The Second Part
Other Items That Can Be Auction
Section 54
.,, (1) The spoils that have had the power of the law remain as referred to in Article 78 of the verse (15) and Article 79 of the paragraph (1) Act No. 41 of 1999 on Forestry is the wealth of the country that can be auctioned.
(2) The spoils as referred to in paragraph (1) are:
.,
., a., a. Goods or equipment used to take forest results and found in the region;
., b. The goods or tools used to carry forest results, which were found in one place and no one claimed to be their owners;
., c. Goods or tools the suspect used to transport forest results that did not have valid documents;
., d. The goods or tools the suspect used to take and or collect forest results.
BAB IX
THE TRANSITION PROVISION
Section 55
All implementation regulations in the field of forest protection that have been present, as long as it does not conflict with this Government Regulation, remain in effect until the issuance of the conduct regulations under this Government Regulation.
BAB X
CLOSING PROVISIONS
Section 56
At the time of the enactment of this Government Regulation, then the Government Regulation No. 28 of 1985 on the Protection of the Forest of the Republic of Indonesia in 1985 the number 39, the addition of the State of State Number 32), was declared to be no longer valid.
Section 57
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 October 18, 2004
PRESIDENT OF THE REPUBLIC OF INDONESIA,
MEGAWATI SOEKARNOPUTRI
Promulgated in Jakarta
on October 18, 2004
STATE SECRETARY OF THE REPUBLIC OF INDONESIA,
BAMBANG KESOWO
ADDITIONAL
STATE SHEET RI
| No. 4453 | (explanation Of State Sheet 2004 Number 147) |
EXPLANATION
Above
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
NUMBER 45 YEAR 2004
ABOUT
FOREST PROTECTION
UMUM
The people of Indonesia are blessed with God, and of the glory of the God of God, the wealth of the natural resources of the world, and the wealth of the land, and the wealth of the land. Glory be to Allah, the Lord of the Lord, and the Lord of the Lord.
.,, the natural resources that are in the form of a forest of production, protected forests, natural sanctuary, natural preservation areas, hunting parks, forest products, plants and animals must be conserved and wedled with a full sense of responsibility, because it has a production functions, protection functions among other watersets, flood prevention and erosion, maintain soil fertility, environmental preservation, and biodiversity conservation function, which is a buffer of life as well as for natural tours. And use environmental services.
.,, in order for those functions to run optimally and lestari, there is a protection effort against the production forests, protected forests, natural asylum areas, natural preservation areas, hunting parks, forest products, plants and animals.
.,, in Article 46 of the Law No. 41 of 1999 on Forestry, the hosting of forest protection and nature conservation aims to keep forests, forest areas and its environment, for protection functions, conservation functions and production functions achieved. Optimally and lestari.
.,, in Article 47 of the Law No. 41 of 1999 on Forestry, forest protection and forest areas is an attempt to:
., a., a. prevent and limit forest damage, forest areas and forest results caused by acts of man, livestock, fire, natural resources, pests as well as diseases; and
., b. maintain and maintain state, community and individual rights over forests, forest areas, forest products, investments and devices associated with forest management.
.,, forest protection is aimed against the forest of production, protected forests, natural asylum areas, natural preservation areas, hunting parks, forest rights, forest outcomes and plants and animals.
., in order to guarantee the preservation of forest protection, then to certain Forest Officials in the scope of forestry agencies in the center and area is given the authority of a special police force called Forest Police.
., a particular civil servant official whose scope of duty and responsibility includes forest affairs and conservation of natural resources and his ecosystem is authorized as an investigator called the Acting Officer of Civil Servants. Forestry.
., to do forest security in the area of forest areas that have been burdened with the right or permission can be formed by the Forest Security Unit by the holder of the right or holder of the permit, which in its implementation is coordinated by the forestry agency.
., given that the existence of the forest is essential to human life, then forest protection is not only implemented by the Government and the Local Government, but also by all citizens by being active-and actively, either directly Nor is it direct.
.,, in an effort to further ensure forest protection efforts, a portion of the authority that the Government matters can be handed over to the area, both the province and the county/city.
.,, for the preservation of forest protection, the government and the government, the local government and society are coordinated, integrated, and synchronized.
.,, the legal runway for the implementation of forest protection and of justice of justice nature needs to be established with Government Regulation.
SECTION BY SECTION
Section 1
.,, pretty clear.
Section 2
.,, Verse (1)
.,, forest management activities include:
a. the forest layout and the drafting of the forest management plan;
B. utilization of forests and the use of forest areas;
c. rehabilitation and reclamation of the forest; and
D. Forest protection and nature conservation.
This regulation only regulates forest protection, while forest planning and the preparation of forest management plans, forest utilization and the use of forest areas and rehabilitation and reclamation of forests are regulated by Government Regulation. Alone.
Verse (2)
.,, pretty clear
Section 3
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, the Abundance of forest protection activities in certain regions and or for certain activities to the State-owned Business Agency does not include public authority or general governmental authority.
What is meant by certain regions and for certain activities is based on the consideration of regional peculaariness and social and environmental conditions that are closely related to the preservation of the forest and the interests of the vast community in need. Special management skills.
Section 4
.,, Verse (1)
.,, forest protection with special purpose can be set on conservation forests, protected forests or production forests.
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear
Section 5
.,, pretty clear.
Section 6
.,, the letter a
.,, the intended forest result can be:
., 1. The fruits of the vegetable are wood, bamboo, rotan, grasses, mushrooms, medicinal plants, getahs, and others, and parts of plants or plants produced by the forest;
., 2. Animal results and its derivatives such as the animals and their handling, the animals, the animals, the animals and the other animals and the parts, or the ones that it has produced;
., 3. The ecologically non-biological objects are a single ecosystem with forest-composed bioentities, such as water sources, clean air and others that do not include mining objects;
., 4. Services acquired from the forest include tourist services, beauty services and uniqueness services, hunting services, and other-lain;
. .5. The direct output obtained from the processing of raw materials derived from the forest, which is the primary production among other forms of round wood, gergajian wood, veneer, plywood, wood shale (chip wood), laminating veneer lumber and component half so;
., 6. Plants and animals as provided in Law Number 5 of the Year 1990 on the Conservation of Natural Resources Hayati and Ekosystems following the rules of implementation and or plants and animals included in the list of Appendix Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
Letter b
.,, referred to devices associated with forest management include the management office, the forest boundary, the guard post, the information board, the watchtower, the means of communication and means of transportation.
Article 7
.,, pretty clear.
Article 8
.,, pretty clear.
Article 9
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, in the indigenous legal society, if in reality there is still and recognized its existence, the forest protection efforts of the customary forest are generally traditional customs. These customs for each area are specific and different, so that in their implementation depends on traditional wisdom in accordance with customary law of the customary law society.
Article 10
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, the letter a
.,, pretty clear
Letter b
.,, pretty clear
Letter c
., which includes the means of forest protection, can be fire extinguemen both software and hardware, communication devices, forest safety unit equipment, forest area boundary signs, signs of prohibition, mobility tools. The other can be a four-wheeled vehicle and two wheels and a water vehicle.
Including forest protection infrastructure can be the dormitory of forest security units, guard houses, inspection streets, watchtowers, and trench lines.
Letter d
.,, pretty clear
Letter e
.,, pretty clear
Article 11
.,, pretty clear.
Article 12
.,, Verse (1)
.,, the transport device is declared to have transported the result of the forest if some or all of the forest results have been located inside the transport.
And that which is in the sense of transporting is the process that the forest begins to carry, insert or carry the results of the forest into a transport device, a transport device that carries the results of the forest moving towards the destination. until a transport device that transports the results of the forest to the destination and unload or degrade or eject the forest results from the transport so the entire forest output is no longer in the transport.
And the fruit of the forest, which is not in the way of the forest, is the land, and the waters, and the waters that are in the land, which are in the way of the land, which are in the way of the land: Transport/transport is responsible for the validity of the transported forest results.
Verse (2)
.,, these provisions are the definitions of Article 50 paragraph (3) of the Law Number 41 of 1999 on Forestry.
Verse (3)
.,, pretty clear
Article 13
.,, Verse (1)
., the overriding is if the utilization and outcome of the forest results in a decrease in the potential and damage to the forest quality.
Verse (2)
.,, pretty clear
Section 14
.,, Verse (1)
.,, referred to by forest utilization is the permit for the purpose of environmental services utilization, area utilization permit, forest yield utilization permit and forest yield permit.
The one in question with the official is the official who is authorized to grant permission in accordance with the laws applicable.
Verse (2)
.,, these provisions are the definitions of Article 50 paragraph (3) of the letter a Law No. 41 of 1999 on Forestry.
Verse (3)
.,, pretty clear
Article 15
.,, Verse (1)
., uncontrollatively herding cattle can damage the forest either in the form of soil damage or damage to crops including forest fires, therefore it needs to be regulated by providing a special place for grazing purposes. Livestock, grass-taking and livestock feed.
Livestock grazing in the forest, grass-taking and other fodder and serasah from the forest area can only be done in a special place.
Verse (2)
.,, pretty clear
Verse (3)
.,, the closing of the grazing location of the cattle can be temporary or fixed.
Verse (4)
.,, pretty clear
Section 16
.,, Verse (1)
.,, the letter a
.,, pretty clear
Letter b
.,, pretty clear
Letter c
.,, pretty clear
Letter d
.,, Figure 1
.,, the line consists of a variety of trees that have deep and wide assembling, bending bending, entitled heavily and higher than protected trees, especially in the storm-prone areas.
Number 2
., the properties of trees planted in this line consist of the types of trees that have deep and wide assembling of pliable branches and are called bushy.
Letter e
.,, pretty clear
Letter f
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Section 17
.,, Verse (1)
.,, the letter a
.,, pretty clear
Letter b
.,, pretty clear
Letter c
.,, population control is carried out against the native types whose population is already very much (over-population) and exotic types.
Letter d
.,, the intended biological method is to balance between prey to predators.
The intended mechanical method is to use the equipment.
The chemical method refers to the use of chemical substances among other herbicides, insecticides.
Verse (2)
.,, pretty clear
Article 18
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, the letter a
., which includes the understanding of the burning of the forest without permission is to do the activities that are because of the fires causing the fire.
Activities that cause forest fires include: the use of fire in uncontrolled forests, the use of chainsaw and other careless machines, the use of uncontrollatable explosives and chemicals.
Letter b
.,, Objects that can cause fires include: cigarette butts that still contain fire, flame embers, firecrackers, chemicals, conveyals, matches.
What is included in the sense of banking is laying down or leaving objects that cause forest fires.
Verse (3)
.,, pretty clear
Section 19
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, the burning of the forest for special purpose or undiehard conditions is done in limited.
The inescapable condition is for fire control by the reverse combustion method.
Reverse burning is done because direct blackout activities are unlikely to be implemented.
Combustion with special purpose for pest control and disease is specialized to prevent pests from pests and plant diseases caused by fungi, insects, as it is no longer possible for extermination by the spraying of chemical substances.
In the sense of development of plant habitat and other animals is in the course of the breeding of cattle herds.
Burning with special purpose for plant habitat and livestock development and the development of cattle herds is done to grow new plant/grass buds as a food for animals and livestock.
The preparation and cleaning of the land for the garden and forest of the plant are not included in special purposes or undiehard conditions.
Verse (3)
., in question the official authorities are officials of forestry agencies on provincial or county/city areas.
Verse (4)
.,, pretty clear
Section 20
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, the letter a
.,, pretty clear
Letter b
.,, pretty clear
Letter c
.,, pretty clear
Letter d
.,, the understanding of the Management Unit includes an areal of utilization efforts permit, forest results and use of the use permit.
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear
Verse (5)
.,, pretty clear
Verse (6)
.,, pretty clear
Section 21
.,, Verse (1)
.,, the established national program concerns a series of planning and execution activities in terms of prevention, outages and post-fire handling on a national and macro-scale.
Verse (2)
.,, the specified provincial level program concerns a series of planning activities and implementation of prevention, outages and post-fire handling within provincial territory based on the national program.
Verse (3)
.,, the county/city level program is intended as an operational activity plan which is set to concern the series of planning and implementation activities of prevention, outages and post-fire handling within the district/city area based on Provincial-level programs.
Verse (4)
.,, Redemption of forest fire control activities intended as operational activity plan concerns the series of planning activities and implementation of prevention, outages and post-fire handling in the working area accordingly National, provincial and district/city level programs.
Article 22
.,, Verse (1)
.,, the forest fire control agency that was formed was referred to as operational and functional structural containers of the coordination.
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear
Section 23
.,, Verse (1)
.,, the letter a
.,, Figure 1
., on a national level map of forest fires a forest fire is presented at each year.
Number 2
.,, pretty clear
Figure 3
.,, pretty clear
Figure 4
.,, Standard means and specified infrastructure are the default units that concern the needs of the national and national fire blackout equipment infrastructure and the required standard reference in the area.
The prepared support and infrastructure are the type of means and infrastructure necessary for the national fire blackout support.
Number 5
.,, pretty clear
Figure 6
.,, pretty clear
Figure 7
.,, coaching and supervision are activities that are carried out in accordance with the principal duties and functions of the tampon and supervising apparatus.
Letter b
.,, Figure 1
.,, at the provincial level the map of forest fires are presented at every 6 (six) months.
Number 2
.,, pretty clear
Figure 3
.,, pretty clear
Figure 4
.,, clues to the forest fire outages included arranging the means and supporting infrastructure prepared in the provincial fire outages.
Number 5
.,, pretty clear
Figure 6
.,, Coaching, supervision and control of the provincial level of activities carried out in accordance with the principal duties and functions of the capital and supervising apparatus in the province.
Letter c
.,, Figure 1
.,, on the district/city level the forest fire swarm map is presented at every 3 (three) months.
Number 2
.,, pretty clear
Figure 3
.,, pretty clear
Figure 4
.,, the Sarana and the infrastructure provided are the necessary means and infrastructure for the prevention, outages, and post-fire management of the county/city level.
Number 5
.,, the coaching and supervision of forest fire control activities in the field of activities carried out in accordance with the principal tasks and functions and authority of the tampon and supervising apparatus in the field.
Letter d
.,, Figure 1
.,, pretty clear
Number 2
.,, font a)
.,, pretty clear
Letter b)
.,, pretty clear
Letter c)
.,, the Institutional Institutional Framework is referred to in the course of structural, operational and or functional containers in the Conservation Forest Management Unit.
Letter d)
.,, pretty clear
Letter e)
.,, pretty clear
Letter f)
.,, pretty clear
Verse (2)
.,, pretty clear
Section 24
.,, Verse (1)
., in the event of a forest fire not being able to be extinguished, a permit holder, a permit holder of the forest area, the owner of the forest rights and or the Forest Management Task Force for the assistance of the power and equipment around the area that are responsible. its answer.
Detection is the activity of dissemination of information about the location of forest fires, the direction of the wind by using simple technology or modern technology.
Verse (2)
.,, in order to rally the help of society through the approach of public figures can consist of the leadership of the Social, Religious and or Societal Organization.
Verse (3)
.,, the letter a
.,, pretty clear
Letter b
.,, in the event of a fire cannot be extinguished the Regent/Mayor conducting a fire brigade mobilization and requesting assistance to related agencies and the public.
Letter c
.,, pretty clear
Verse (4)
.,, on the basis of information and consideration of the Regent/Mayor that required the support of forest fire resources, the Governor mobilized the budget, power and fire equipment of the forest fires that exist in his area.
Letter a
.,, pretty clear
Letter b
.,, in which case the fire is yet to be extinguished on the Regency/city level, the Governor conducts fire brigade mobilization and request assistance to the related agencies and the public.
Letter c
.,, pretty clear
Verse (5)
.,, on the basis of information and consideration of the Governor that required the support of forest fire resources, the Minister mobilized the budget, power and fire equipment of the forest fires.
In certain circumstances it can be elevated to a national mobilization.
Verse (6)
.,, pretty clear
Section 25
.,, pretty clear.
Article 26
.,, reports of forest fires conducted by the public through the giving of information about what he saw, while reports by officers were carried out in full include: information concerning the location, time, and time of the fire. causes, broad areal, field conditions, wind direction, sketch of the situation and other data-required data.
Section 27
.,, pretty clear.
Article 28
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, the letter a
.,, collection of data and information is done with inventory and field identification.
Letter b
.,, pretty clear
Letter c
.,, the extent of the damage caused by fire is necessary to know the country ' s number of losses due to wildfires.
The degree of virginity and damage is needed to predict the priority of activities that should be implemented the next year.
Verse (3)
.,, pretty clear
Article 29
.,, pretty clear.
Article 30
.,, Verse (1)
The Forest or Forest Service Provider's liability for the use of a forest fire in its area is an absolute responsibility which means the holder of the forest or the forest for the benefit of the forest. Forest Area Use License or Owner of the Forest of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Rights of the Forest of the Rights of the Rights of the State of the Wood or of the Criminally Responsible, Utilization of the Forest, Use of Forest Area Use or Owner of the Right Forest can attest that he was innocent.
Verse (2)
.,, pretty clear
Article 31
.,, pretty clear.
Section 32
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, the letter a
., referred to as functional forestry officials among other officials of forestry agencies both at the central level and at the area-level burdened to the task and authority of the Forestry Special Police are functionally. The official referred to it as the Mobil Forest Police.
Letter b
.,, pretty clear
Letter c
.,, which is referred to forestry agencies in the area including forestry service, the technical managing unit in the environment of the Forest Department and Perhutani Perum Unit.
In particular, there is a certain degree of structural foresight, including the officials of the field, both at the center level, and at the level of the area, according to the description of the task, and the responsibility of the affairs of affairs. Forest protection.
Section 33
.,, pretty clear.
Article 34
.,, pretty clear.
Section 35
.,, the legal area includes the Forest Police work area and follows the work area set out in the assignment decisions given by the employer or its leader.
Section 36
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, the letter a
., at the time of conducting patrols or desecration within the forest area, police forestry authorities, stopping certain activities if such activities allegedly did not have permission, or at the command of the leadership of the forestry agency that authorized.
A legal region or work area may include Propinsi, District/City or forest management unit area.
The area is both in the forest area and beyond the forest area that can include the administration area equivalent to other law enforcement areas such as the POLRI, the Prosecutor and the Courts.
Letter b
.,, pretty clear
Letter c
.,, pretty clear
Letter d
.,, pretty clear
Letter e
., in case of being caught the hands of the forestry police authorities arrested and detained the suspect as well as evidence and in time immediately handed over to the civil servants investigator.
Letter f
.,, pretty clear
Verse (3)
.,, pretty clear
Section 37
.,, Forest Police Force and Officer of Civil Service Investigators (PPNS) Forestry can be a central civil servant and area. In terms of the PPNS is the Central Civil Service Officer, then the assignment in the area is in the form of employed or secondhand (medebewind).
Article 38
.,, Verse (1)
.,, pretty clear
Verse (2)
., Investigative Civil Service Investigators may also be commissioned by the Minister in airports, seaports, overland transit terminals, and border crossings to conduct surveillance and examination of the legality of forest results and take action of the Forester Special Police.
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear
Verse (5)
.,, pretty clear
Article 39
.,, Verse (1)
., in conducting the investigation, the Civil Service investigator of the Forest Service authorized the measurement and testing of forest results and the introduction of plant and wildlife types that are evidence of the existence of crimes and violations of the acts. Criminals that concern forests, forest areas and forest outcomes include the determination of the magnitude of forest damage, forest areas, and forest outcomes, as well as state losses caused by the intended criminal activity.
In terms of Civil Service investigators unable to determine the magnitude of forest damage and state losses and the introduction of plant types and wildlife, then the PPNS may request the assistance of a team or expert power set by the Minister or officials. Designated.
Verse (2)
.,, Investigators of civil servants in carrying out his duties as a functional officer of a particular civil servant, authorized by the Law No. 41 of 1999 on Forestry, which functionally carried out the investigation. The crimes of the forest, the forest area, the forest results.
Verse (3)
.,, Investigators POLRI in carrying out coordination with and oversight of PPNS, not carrying out PPNS, will but be coaching. Police investigators either requested or were not required to provide coaching to the PPNS.
Verse (4)
.,, pretty clear
Verse (5)
.,, pretty clear
Section 40
.,, Verse (1)
.,, in keeping with the agility of tasks in certain areas of work, then the application of coordination with the POLRI is exercised by staying in reference to the KUHAP and adapted to the field conditions.
Verse (2)
., before committing a suspect's arrest in a state house, a civil servant, if seen as a need to place a suspect in the custody of the Department of Forestry Technical detention unit, or to leave it at the Indonesian Police Department. Nearest.
Section 41
.,, Verse (1)
.,, referred to with the permit holder is a forest utilization effort holder, forest result permit or forest area use permit.
In fact, the forest management rights holder is the State-owned Enterprises Department of Forestry, which is the health of the forest to do forest management.
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear
Verse (5)
.,, pretty clear
Article 42
.,, pretty clear.
Article 43
.,, pretty clear.
Section 44
.,, pretty clear.
Section 45
.,, Verse (1)
.,, referred to by the Forestry Act is the Law No. 41 of 1999 on Forestry.
Included in the sense of the job answer the action is:
., a., a. Any person who violates the provisions of Article 50 paragraph (1) and paragraph (3) Act No. 41 of 1999 and incline forest damage.
., b. Permit holders of area utilization, environmental service utilization permit, use of wooden forest products and not wood for forest damage.
Verse (2)
.,, pretty clear
Verse (3)
., which is meant to cost rehabilitation is the rehabilitation of the damaged forest area as a result of the deed.
The restoration of the condition of the forest is to include reclamation of the damaged forest as a result of the act.
Verse (4)
.,, pretty clear
Section 46
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, which is meant by physical changes is the condition of changes in the form of the field and or the forest, which results in a decline in forest function either in the production forests, protected forests or conservation forests.
The change in physical properties is the condition of changes in the physical properties of the soil, which results in a decline in forest function in either the production forests, protected forests, or conservation forests.
Biological changes are the conditions for changes in the diversity of plants and animals, which results in a decline in forest functions in the production forests, protected forests, or conservation forests.
Indications of physical change are changing: the landscape, the tree tegll or the closure of the vegetation.
Indications of physical properties change include changes: soil chemical properties, micro-climate or water quality.
Indications of biodiversity include changes: the diversity and density of the flora, diversity and abundance of fauna types.
Verse (4)
.,, pretty clear
Section 47
.,, Verse (1)
.,, Policy is the setting or setting of guidelines in forest protection activities.
Verse (2)
.,, pretty clear
Section 48
.,, pretty clear.
Section 49
.,, pretty clear.
Section 50
.,, pretty clear.
Section 51
.,, pretty clear.
Section 52
.,, pretty clear.
Section 53
.,, Verse (1)
.,, the evidence includes the result of criminal acts or objects used to perform or support criminal acts among other forest outcomes, transport tools, communication devices.
Verse (2)
.,, pretty clear
Verse (3)
.,, protected wild Satwa and unprotected citations laws, spoils and findings can be performed:
a. returned to nature;
., b. Leave it to the conservation agency or the agency that moves in the conservation field that is considered capable; or
c. annihilated with the permission of authorized officials.
Verse (4)
.,, pretty clear
Verse (5)
.,, pretty clear
Verse (6)
.,, pretty clear
Section 54
.,, pretty clear.
Section 55
.,, pretty clear.
Section 56
.,, pretty clear.
Section 57
.,, pretty clear.
