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Regulatory Region Number 38 In 2003

Original Language Title: Peraturan Daerah Nomor 38 Tahun 2003

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LEAF SECTION OF NORTH SULAWESI PROVINCE

NUMBER 5 OF 2003 SERIES E

REGULATIONS OF THE NORTH SULAWESI PROVINCE NUMBER 38 IN 2003

ABOUT THE MANAGEMENT OF COASTAL AND MARINE AREAS

COMMUNITY-BASED INTEGRATED IN PROPINSI NORTH SULAWESI

WITH RAKHMAT GOD ALMIGHTY

GOVERNOR OF NORTH SULAWESI

DRAWS: A. That the coast and the sea are a region that is characterized as a very dynamic region with very fast biological, chemical and geological changes, a place where there is a productive and diverse ecosystem. is a place of spawning and sheltering of various species of species, coral reefs, mangroves, beaches and sand dunes are essential natural protectors of flood erosion and storms, coastal ecosystems may play a role in reducing the pollution of the landmass, and as a human residence, for means of transport and recreation;

b. that coastal and marine areas as the most economically and ecologically rich regions, places for port facilities and industrial facilities, mineral sources and mining: oil, gas, gold, sand, other burrowing materials, and so on, sources energy, a place that is very endeared for tourism, resort and holiday destination, a source of human medicine, food and nutrition, has an important value for the development of the region and the empowerment of the people of North Sulawesi;

c. that Therefore, it is necessary to repair the protection of coastal and marine resources, enhance sustainable utilization, coordinate between central and county levels for coastal and marine management, and empower communities through coastal and marine management;

d. that for the management of coastal and marine areas in the North Sulawesi province, it needs to be poured in a Regional Rule.

Given: 1. Staatsblad 1926-226: Hinderordonnantie (Ordonansi Disorder);

2. Law Number 5 of the Year 1960 on the Basic Rule of the Agrarian Foundation (State Sheet of 1960 Number 104, Additional Gazette State Number 2043);

3. Law Number 47 Prp Year 1960 jo Act No. 13 of 1964 concerning the Other Establishment of the State of North Sulawesi Province (State Sheet of 1960 Number 941, Additional leaf State Number 2687);

4. Law No. 11 of 1967 on the provisions of the Mining Subjects (state Gazette 1967 Number 22, Additional Gazette Number 2831);

5. Law Number 1 of 1973 on Continental Shelf Indonesia (1973 State Sheet Number 1, Additional State Sheet Number 2294);

6. Law No. 5 Year 1983 on the Exclusive Economic Zone of Indonesia (1983 State Sheet Number 44, Additional Gazette number 3122);

7. 1985 Law Number 9 Of 1985 On Fisheries (State Sheet 1985 Year 46, Additional Gazette Number 3299);

8. Law Number 17 Year 1985 on Enactment Of The United Nations Convention On The Law Of The Sea (1985 State Sheet Number 76, Additional State Sheet Number 3319);

9. Law No. 5 of 1990 on the Conservation of Natural Resources Hayati and Ecosystem (state Gazette 1990 Number 49, Additional State Sheet 3419);

10. Law Number 9 Of 1990 On Severity (State Sheet 1990 Number 78, Additional State Sheet Number 3427);

11. 1992 Law Number 21 Of 1992 On Shipping (State Gazette 1992 Number 98, Extra State Sheet Number 3493);

12. Law Number 24 Of 1992 On The Arranging of Space (State Sheet Of 1992 Number 115, Additional State Sheet Number 3501);

13. Law No. 6 of 1996 on Indonesian Waters (State Gazette 1996 number 73, Additional Gazette Number 3647);

14. Law No. 23 of 1997 on the Environmental Management of the Environment (state Gazette 1997 number 68, Additional Gazette Number 3699);

15. Law Number 22 Of 1999 On Local Government (State Sheet 1999 Number 60, Additional Gazette Number 3839);

16. Law No. 41 of 1999 on Forestry (State Gazette 1999 Number 167, Additional Gazette State Number 3888);

17. Law Number 3 Of 2002 On State Defense (State Sheet 2002 Number 3, Additional Gazette Number 4169);

18. Government Regulation No. 68 of 1998 on Nature Sanctuary and Natural Preservation (State Gazette 1998 number 8132, Additional Gazette number 3776);

19. Government Regulation No. 19 of 1999 on Pollution Control and/or Vandalism (state Gazette 1999 Number 155, Additional Gazette Number 3816);

20. Government Regulation Number 27 Years 1999 On Analysis Of Environmental Impact (State Sheet 1999 Number 59, Additional Gazette Number 3838);

21. Government Regulation No. 25 Year 2000 on Government Authority and Propinsi Authority as an Autonomous Region (State Gazette 2000 Number 54, Additional State Sheet Number 3952);

22. Government Regulation No. 36 Year 2002 on the Rights and Obligations of Foreign Ships in Carrying Out Peaceful Cross Melalaui Indonesian Waters (state Sheet 2002 Number 70, Additional Sheet Of State Number 4209);

23. Government Regulation No. 37 of 2002 on the Rights and Liability of a Ship and Foreign Air Aircraft in implementing the Cross-flow Rights of the Islands Through the Prescribed Archipelago (state Gazette 2002 Number 71, Additional Page Of Country) Number 4210);

24. Government Regulation Number 38 Of 2002 On List Of Geographical Coordinates Of The Indonesian Home Line Points (state Gazette 2002 Number 72, Additional State Sheet Number 4211);

25. Presidential Decree No. 32 of 1990 on the Management of Protected Areas;

26. The Presidential Decree No. 33 of 2002 on the Control and Supervision of the Sand Entrepreneurship;

27. North Sulawesi Province No. 3 2001 Regulation on the Regional Development Program of North Sulawesi;

With the approval

REPRESENTATIVES OF THE PEOPLE OF NORTH SULAWESI PROVINCE OF PROVINCES

DECIDED:

Establits: PROVINCE OF NORTH SULAWESI PROVINCE RULES ON THE MANAGEMENT OF COASTAL AREAS AND COMMUNITY-BASED INTEGRATED SEAS IN THE NORTH SULAWESI PROVINCE

CHAPTER I OF THE GENERAL PROVISION

Article 1

In this Regional Rule intended with:

1. A chart is a building-shaped fishing device, either settled or a tancap or unsettled chart or buoyating chart, which uses nets and operas always at night using a lamp-aid kit.

2. Marine culture is a means of maintenance of animals and marine plants such as the various types of sea fish, manganese, crusher and various types of seawall, somewhere and by the use of a particular method;

3. Marine Protection Areas are coastal and marine areas that include coral reefs, mangrove forests, lamuns, or other habitats on their own or together-are selected and set to be permanently closed from fishery activities and Marine biota is administered by the local community as well as specified in the Village Regulations/Terms of Kelurahan;

4. The River Stream area is a region bounded by two mountain ridges where rainfall that falls into the area flows through one particular channel, i.e. river or other water flow;

5. Degradation is damage, decreased quality or decreased environmental support resulting from human activities/activities (anthropogenic) or natural causes;

6. Ecosystems are a community of plants, animals, and other organisms and functional interactions between them, and their environment, such as the mangrove ecosystem, estuaries, coral ecosystems, the desert ecosystem, and the ecosystem of the mangrove ecosystem.

7. Estuaries are a rather closed littoral area (bay) on the coast, where the river estuaries and freshwater from the river mingled with salted water from the sea, usually relating to confluting of river waters with sea waters;

8. The shoreline is a line formed by low-water line intersecations with coastal landmasses used to set the outermost point on the sea-region coast;

9. The shoreline of the coast is the boundary line measured from the highest tide of high tides to the mainland following the coast of the coast and/or adapted to the local topography;

10. Environmental services are services that are generated through utilization by not extrapolating coastal resources, but utilizing its functions for recreational and tourism purposes, as transport media, wave energy sources and others;

11. Floating mesh caravans are a means of maintenance of fish or water biota whose skeleton is made of bamboo, wood, pralon pipes or square-shaped iron that is networked and given floats (e.g., plastic drums or streoform) and using The net, in order to keep the container floating in the water. The frame and buoy serves to hold the net to keep it open on the surface of the water and the closed net on the bottom is used to raise fish for several months;

12. Marine conservation is the management of the marine natural resources whose heating is done in a wise way to ensure continuity of its supply by maintaining and improving the quality of the ragaman and its value, as well as to rehabilitate the broken sea nature resource;

13. Lamun is a type of flowering marine plant that grows on the sandy ocean floor or a smooth substrate that is not so deep, and sunlight can still penetrate to the base so that it allows photosynthesis to be photosynthetic;

14. The sea is the space of the ocean region that is the geographic entity and the entire element associated with it that the boundary and its system are determined by the functional aspect;

15. Mangrove is a tropical coastal vegetation community dominated by several types of mangrove trees capable of growing and developing in the tidal areas of muddy or sandy beaches, such as the fire tree (Avicennia spp), mangrove trees. (Rhizophora spp);

16. The local community is a group of people or communities that inhabit the village/Village of the coast and run the prescribed legal, social and cultural order by themselves in a hereditary way;

17. The beach is a spit of land including sediment stretching along the sea shore which is the border of the encounter between land and sea, consisting of coastal and coastal splinter;

18. Public participation is the involvement of the local community in the coastal region's resource management activities;

19. The Local Government is the head of the area along with other autonomous regional devices as the regional executive body, in accordance with Law No. 22 of 1999 on Local Government;

20. Management of the Coastal Area and Integrated Sea is the process of managing coastal and marine natural resources as well as environmental services that integrate stakeholder activities, horizontal and vertical planning, land and sea ecosystems, science and management, so that the management of the resource is further and can improve the welfare of the surrounding community;

21. The management of the Coastal and Marine-Based Seas is the process of managing coastal and marine resources through decentralization of a resource management that has become a local community service and through effective voting in that society. regarding the use of such a resource;

22. An island is a naturally occurring land area that is above the water level;

23. A small island is an island's ecological unity of less or equal to 10,000 km2 and not or less populated by or equal to 200,000 inhabitants, as well as the region of the surrounding territorial waters as far as 12 nautical miles from the coastline.

24. Rumpon or rompong is a means of a raft that is placed in a certain sea, dedicated to the gathering of pelagic fish, made of rotan or rope to the bottom of the sea, which is given a float on it, and along the rope or rotan. Belted ingredients like coconut leaves, or umbai-umbai that can attract fish to assemble;

25. Coastal resources are natural resources, artificial resources, and environmental services that are present in coastal areas. Natural resources include fish, seaweed, lamas, mangrove forests, and coral reefs, aquatic biota; whereas the biodiversity consists of sandland, the surface of the water, and the natural resources of the world, and the natural world. The resources are in the water, and on the ocean floor such as oil and gas, sand, tin, and other minerals;

26. Coral reefs are a small colony of animals and marine plants called polyps, their lives clinging to substrates such as rock or hard base and groups form colonies that are gluing calcium carbonate (CaCO3) into a reef;

27. Artificial reefs are artificial habitats built in the ocean with the intention of repairing damaged ecosystems so as to lure the types of marine organisms to life and settle down;

28. The territory of the Propinsi authority is the territory of the province of Propinsi, reduced by a third as a county of county authority/city.

29. The Province of Propinsi is a sea course of 12 (twelve) nautical miles measured from the landline of the mainland and the islands of North Sulawesi, which is the straight line connecting the outermost points on the low water line from the mainland and the North Sulawesi. the outer islands of North Sulawesi, and the sea located on the inner side of the straight base.

30. The coastal region is a transitional region between the land and sea ecosystems that interact with each other, which is to sea 4 (four) nautical miles from the shoreline and to the land the administrative boundary of the city/city.

CHAPTER II OF THE SCOPE APPLIES

Article 2

(1) This Regional Regulation applies to the management of coastal and marine areas in the North Sulawesi Province environment.

(2) Islands in the Province of Propinsi North Sulawesi is included in the scope of the Regulation of this Area.

(3) The management of small islands and the surrounding waters is carried out thoroughly based on a single cluster of islands and/or connections of the island with a The parent island ecosystem.

Article 3

The Provincial Government and/or County District/City Government has the right to request information and supervise the efforts and/or activities outside of the North Sulawesi Province that can have an impact that causes pollution and/or Environmental destruction in the region of North Sulawesi Province.

CHAPTER III ASAS, DESTINATION, BENEFITS AND PRIORITIES

Article 4

Asas-asas in this Propinsi Regional Regulation is:

a. Sustainable asas, which is the development that meets the needs of the present without reducing the ability of future generations to meet their own needs;

b. Alloctedness asas, that is:

1. Allotedness between economic considerations with ecological considerations; 2. alloys between land ecosystems with marine ecosystems; 3. The chemistry between science with management; 4. The planning of sector planning horizontally, with integrate

policies and planning of related sectors and agencies; 5. The planning allots vertically, by integrating policies

and planning of different levels of government, such as the center, the Propinsi and the district/kota;

6. Interconnectedness between stakeholders from different layers of society.; 7. Inter-state allotedness in coastal areas, seas and small islands that

neighbors; 8. The order of Tata Space planning is conducted partiically and

transparent, accommodating the interests of the undercurrent.

c. Community-based asas, the coastal and marine resource management process through decentralization of the resource management conducted from, by and for society through effective voice-giving in that society regarding use of the Such a resource, with principles: Volunteella is not a requirement or a necessity; incentive, not sanctions; reinforcement, not bureaucracy; process, not substance; and, direction, not a specific path.;

d. The region and ecosystem, which are the regions and ecosystems are the two principal ones that merge (convergent), where the Ordinance of the Regulation is limited to the North Sulawesi Province of Propinsi but due to pollution and the pollution of the region. The destruction of the company somewhere will directly have an impact on the adjacent location. Once it's not a management right, it has the right to at least know and keep an eye on the locations that are likely to be. impact the area;

e. Balancing and sustainable asas, i.e. every activity that is run should pay attention to the restoration of ecosystem functions so that the development and utilization of the resource consider the preservation of the existing resources;

f. The empowerment of coastal communities, which is that activities are run aimed at building capacity and the ability of the community to carry out and supervise

implementation of activities so that the public has fair access in the management of coastal region resources;

g. The mechanism of the activity is defined transparently, democratically, in response, ensuring the welfare of the people, as well as fulfilling legal certainty, run by the government, the public, and the law of the people. Private sector as well as various other interested parties;

h. Asas recognition of the traditional wisdom of local communities in the management of coastal resources, namely acceptance by the government on the reality of the provisions of nurturing the natural environment around by the group of communities that have been It has shown up to the generations and the environment.

Article 5

The purpose of management of a unified coastal region and the public-based ocean is:

a. Establish and establish a framework and priority of the community-based integrated coastal region and sea;

b. Reduce, halt, mitigate, and control actions of destructive activities on the habitat and resources of coastal and marine areas;

c. Ensuring and protecting the environmental and resource conditions of coastal and marine regions in the framework of development in coastal areas that are concerned with environmental support;

d. Encourage cooperation and improve the management capacity of coastal and sea areas between local, government, private, college and Swadaya Community communities moving in the field of environment;

e. Increasing capacity, ability and self-reliance manage coastal areas integrated by local communities in rural/rural level.

Article 6

The management benefits of the coastal region and community-based integrated seas are:

a. The establishment of the plan, the designation and coordination of the management priorities of coastal and marine areas in order to utilize efficially and consistent capacity and resources of coastal and marine regions;

b. The protected areas of the region are important for degradation due to excessive utilization and consumption, and habitat destruction;

c. The development of a resource in the coastal region for economic utilization is through true and economically equitable means of scholarship;

d. He is responsible for accountability and leadership in coastal and marine management.

Section 7

The priority of the coastal region and the public-based integrated marine region are:

a. Improve decision-making coordination through inter-sector processes in creating and reviewing decisions related to the management of coastal areas;

b. Protect coastal and marine habitats through the designation and implementation of the Propinsi Marine or Marine Park Area/Kota;

c. Enhance fairness and participation through the recognition of traditional public rights;

d. Increasing capacity through education, training and service to the community;

e. Advance and maintain coastal fishery resources through the reduction and removal of arrest activities in a destructive way;

f. Correcting spatial planning through priority dependency priority on coastal regions.

Section 8

To outline asas, execute objectives, achieve benefits and determine the priority of each District/City In the North Sulawesi province, in the Province of North Sulawesi, it forms the County/City Regulation on coastal management.

CHAPTER IV OF COUNTY AUTHORITY

First section of the province's authority

section 9

(1) Propinsion authority in Coastal and Marine management for certain fields include:

a . For the entire coastal region and sea:

1. Setting and managing the waters of the Propinsi marine region according to authority;

2. Environmental quality assurance based on the national environmental quality of living environment;

3. The definition of the Propinsi space based on the agreement between Propinsi and Regency/Kota;

4. The oversight of the implementation of the spatial layout.

. In the marine region of Propinsi authority:

1. Conduct exploration, exploitation, conservation, and management of marine wealth; up

2. Perform conservation and management of the specific germ plasma locations as well as fishery asylum;

3. Service permit services of homelessness and fishing in marine waters;

4. Supervision of the utilization of fish resources;

5. Environmental management settings in the utilization of marine resources.

c. Which is cross-county/City:

1. Management of a traffic environment/Kota;

2. Arrangements on the security and preservation of the Municipal/Kota;

3 waterway resource. Analysis of environmental impacts (AMDAL) for activities-activities that potential negatively impact on a broad society whose location includes more than one regency/Kota;

4. Supervision of the exercise of cross-regency conservation/Kota;

(2) The other authority of the Propinsi with regard to coastal and maritime management is:

a. Certain privileges or sections of authority that are not or may not be implemented by the District and City Regions with agreements between the Regency/City and the Propinsi;

b. Other authority under the laws expressly designates that authority as a Propinsi authority;

c. Authorization in order to carry out tasks as administration territory and hosting duties.

Second Section of the County/City Area Authority

section 10

District/City Authority authority:

a. Municipal/City Regional Regulations on coastal management with regard to principles and common guidelines in this Province of Propinsi Regulations;

. Creation of operational regulations to protect coastal resources, which includes atolls, mangroves, coral reefs and artificial coral reefs;

c. Arrangements regarding the use of poached net caravans and charts in coastal areas;

d. Other authority under the laws to protect the environment and empowerment of society.

Third Section of the Village and Kelurahan Authority

Article 11

The Village and Kelurahan Authority includes:

a. The existing maritime and coastal management authority is based on the origin of the Village;

b. Coastal and maritime management authority that is by the rules of the applicable law-the applicable government, the Government of Propinsi, and the Government of the Regency/Kota; and

c. The task of the Governor of the Government, the Government of Propinsi, and/or the District/City Government for the management of coastal and marine resources.

CHAPTER V RIGHTS AND OBLIGATIONS OF THE LOCAL COMMUNITY

Article 12

The local community have rights as follows:

a. The right gains economic value on certain economic objects over coastal and marine resources;

b. The right to protect and maintain the ecological value of the coastal and sea resources;

c. The right to obtain and provide information on the management of coastal and marine region resources;

d. The right to gain knowledge is education and training in terms of coastal and marine resource management;

e. The right to know and to give consent for any attempt or activities to be done in the coastal areas of the Village/Kelurahan prior to granting permission by the Government, the Government of the Province of Propinsi and.or the District/City Local Government.

Article 13

(1) Certain economic rights as referred to in Section 12 of the a registered item are listed under the terms of Section 15 or Section 16 of this Section.

(2) The implementation of the ecological rights as referred to in Section 12 of the item b is listed as the program as referred to in Chapter X of this Area Regulation.

(3) The information from the public in respect of the environment may be delivered to the Agency as referred to in Article 21 and 23 of the Regulation of this Region.

Section 14

The local community is obligated to draft a Regulation Village/Village provisions for:

a. Maintaining and maintaining an economic and ecological value of objects from the coastal and marine regions of the living environment;

b. Provide the necessary information in coastal region resource management aimed at improving the quality of life of the local community;

c. Actively engaged in participatory and democratic activity in the deliberation of local communities in determining the direction and discretion of the resource management of coastal and marine regions.

Article 15

(1) Propinsi Regional Government through the Agency as referred to in Section 16 of the paragraph (1) of the Regulation of this Section of the Regulation of certain economic rights of the local community for the management of the natural resources in the marine region of the Propinsi authority.

(2) Registration as it is in verse (2) of this section is executed by process:

a. The indigenous leaders of the local community group gather and present evidence to the Government of the Local Propinsi through the Agency as referred to in Article 21 of the paragraph (1) that the public is constantly exercising those practices. regular and open-tempo;

b. The Regional Government of the Propinsi through the Agency as referred to in Article 21 of the paragraph (1) conducts a review of this evidence to draft a draft decision;

c. The governor sets out the decision, after which the public participation process is referred to above.

Article 16

(1) Registration of certain economic rights of the local community for the management of natural resources in the Coastal areas are organized by the District District/City respectively.

(2) The registration process as referred to in paragraph (1) of this section is specified with regard to the underlying points as follows:

a. The coastal area resource management system within the local community of ulayat must be notified and reported in writing by the Village Government/Kelurahan to the Regent/Mayor via the Regency/Kota;

b Coast Board. Village Government/Kelurahan is obligated to inventory and report in the written form of all such community activity data to the Regent/Mayor via the Regency/Kota;

c. The process of recognition of traditional practices and customs in the utilization of coastal areas is as follows:

1. The indigenous leaders of the local community group collect and present evidence to the Local Government through the Regency Governing Body of the Regency that the public is constantly running those practices on a regular basis and in the city.

2. The Local Government in cooperation with the District Coast Manager Board, conducted a review of this evidence to draft a draft decision;

3. The Mayor/Mayor sets out the decision, after going through the community participation process for the decision plan above.

CHAPTER VI THE ROLE OF THE SWADAYA INSTITUTE

SOCIETY AND NON-GOVERNMENTAL ORGANIZATIONS

Article 17

In question with the Swadaya Society and the Non-Government Organization in the Regulation of this Area is the mobile and activity in the field of living environment.

Article 18

In the exercise of rights as which is referred to in Article 12 is set more detailed and clear by the Regional Regulations or County/City Government Operational Guidance after coordinating and consulting the Propinsi Government, with regard to the provisions and applicable laws.

Article 19

The Swadaya Society Society and the Non-Government organizations are responsible for:

a. Enhancing its independence, outsourcing and role and local communities in the management of coastal and marine resources is responsible;

b. Cultivate the ability and pioneer of local communities in the sustainable management of coastal and marine regions;

. Cultivate a local response to local oversight and control of the management of coastal and marine resources;

d. Provide advice, opinions and input;

e. Convey information and/or report.

BAB VII THE COLLEGE ROLE

Article 20

The college is instrumental in the event:

a. Developing technical and technological assistance in the management of coastal and marine resources;

b. Assisting and accompanying the Government of Propinsi and County/City Regions in developing a coastal and marine resource management system;

c. The implementation of coastal and marine resource management through the Tri Dharma College, i.e. Education, Research and Excellence in Society;

d. Assist the government if necessary in carrying out education and training regarding the environment and resource management of coastal and marine areas;

e. Preparing a qualified human resource in terms of coastal and marine resource management;

f. Advise, opinions and input are requested or not requested to the Provincial Government and the District/City regarding the resource management of coastal areas and seas;

g. Provides information on the principles of resource management of coastal and marine resources to local communities that need it.

BAB VIII GOVERNING BODY OF COASTAL AND INTEGRATED SEAS

(BPLT)

First Part Coastal Governing Body and Integrated Sea Propinsi

Article 21

(1) In the framework of coastal and marine resources management in the North Sulawesi province of the Governor to form an Integrated Coastal and Marine Management Agency (BPLT) Non-structural after receiving approval of the leadership of the People's Representative North Sulawesi Province.

(2) The membership of the entity set up as referred to in paragraph (1) of this section consists of a representative of the service and related agencies, the Coastal and Marine Governing Bodies in

District/City, Community Swadaya Institutions, Non-governmental, Private Organizations and Colleges.

(3) The structure of the body organization as referred to in paragraph (1) this section shall be further regulated by the Governor and is equipped with Secretary-led staff and Secretariat headed by Secretary.

(4) The body as referred to in paragraph (1) This article is responsible to the Governor.

Article 22

The Coastal Management and Integrated Seas Agency of the Propinsi as In question, Article 21 has a task:

a. Coordinate every policy and planning that is related to the utilization of space and resource management of coastal areas and seas originating from the Government, Propinsi Government, County/City Government, Private to Level Village/Kelurahan;

b. Advise the Governor for approval or rejection of policy and planning related to the utilization of space and marine and marine resources in accordance with the terms applicable after the policy. And the plan is to be completed and reviewed;

c. Outlines and disseminates any policy of the Government of Propinsi with regard to the management of coastal and marine resources;

d. Coordinate and supervise the execution of coastal and marine resource management;

e. Coordinate technical and technological assistance in the field of resource management and in the area of funds to the District/City that performs or will perform the resource management of coastal and marine areas;

f. Identifying, clarifying, verifying and looking for solutions to problems or conflicts related to the management of coastal and marine areas in particular that occur on the Regency/Kota;

g. Conducting monitoring and evaluation of any coastal and marine resource management activities performed by any parties in the coastal and marine regions of Propinsi, other Propinsi bordering the North Sulawesi Province and the Other countries bordering the North Sulawesi province;

h. Create and operate the Coastal Information Center and the Propinsi Sea;

i. Have periodic meetings or coordination meetings with agencies and related fields and or at any time if deemed necessary and or in accordance with the needs;

j. Other tasks that are considered important that are related to the Management of the Coastal Region and the Sea that are not contrary to the principles, objectives, benefits and priorities set in Chapter III of this Area Regulation.

The Second Part of the Board of Governing Body Coastal and Integrated Seas Region

District/City

Section 23

In each District/City are created by the Board of the Coastal Area and Integrated Seas/City which runs the principal task to coordinate the management of coastal and marine resources in each of the County/City area.

Section 24

Structure of the Organization and body duties as referred to in Section 23 is adjusted to the need and considers and notices the structure and task of the body as referred to in Article 21 of the paragraph (1) of the Regulation (s). This area.

BAB IX PLANNING AND PROGRAM

First Quarter

General

Section 25

Planning and Coastal Management Programs and the Sea are derived from the government's initiative, local people or Individual.

Second Section of Planning and Propinsi Regional Program

Section 26

(1) The Province of Propinsi establishes the plan and management program of the marine region of the Propinsi authority set forth with the Regional Regulations.

(2) The plan and program as referred to paragraph (1) of this section

(1) The management plan as referred to in Section 25 of this Regional Regulation includes:

a. Strategic Plan, for a period of 10 to 20 years; b. The plan of the (Zonasi) reconnaissance, for a period of 5 to 10 years; c. Management plan, for a period of 3 to 5 years; d. Action Plan, for a period of 1 to 2 years.

(2) In the plan and program as referred to in paragraph (1) of this section:

a. Recognized and governed certain rights in the economic and environmental areas of the local community based on the recommendation of the body as referred to in Article 21 of the paragraph (1) of the Regulation of this Region;

b. It is supported by the formation of the Marine Protection Area in the marine region of Propinsi authority; c. The formation of the Propinsi Marine Park should be made possible by a feasibility study.

Article 28

The use of a chart and rumpon as well as a tool by any name that has goals such as chart and rumpon in the marine region of the Propinsi authority is further regulated by the Propinsi Service whose task is in the field of fisheries and marine.

Section 29

Planning and Programs in the area of the environmental environment of the Propinsi authority derived from the public initiative is delivered to the Government of the Province of Propinsi by body as referred to in Article 21 of the paragraph (1) The Regulation of this Section.

Article 30

In its own regulations is set about:

a. The management of the River Stream which runs through more than one Regency/City and empties into the coastal region after first dealing with the District/City of intent;

b. Arrangement and management of waters in the marine region of Propinsi, the designation of cross-county crossing/City in the Province of Propinsi, regional port management, and other matters concerning the waters and ports of the Regional Authority. Propinsi.

Third Quarter Planning and Regional Management/City Programs

Article 31

(1) District/City areas establish a planned coastal area management plan with the Regional Regulation.

(2) In The plan is set forth in the section of this section, and the section of the section is supported Protection of the Sea in the coastal region by the Government of the Regency/City itself, the Government of the Village/kelurahan as well as by the local community.

Fourth Quarter Planning and Village/Kelurahan Program

Article 32

The guidelines and layout of the registration for the Planning and Village/Kelurahan Program in the area of economics and the environment are established by each District/City.

Fifth Section of Planning and Local Community Programs

Article 33

(1) Guidelines and registration means for the Planning and Program of Local Communities in the field of economic and environmental life in coastal areas set by each District/City.

(2) The Planning and Program of Local Communities with an agreement between the local community and the Village Government/Kelurahan can be diverted into Planning and Village/Kelurahan Program.

Sixth Planning and Individual Programs

Section 34

(1) The guidelines and layout of the registration for the Planning and Individual Programs in the area of the environment in the coastal region are set by Each District/City.

(2) The Planning and Individual Program solely for the management of the environment.

CHAPTER X OF THE COASTAL AND SEA SPACE ARRANGEMENT

Article 35

(1) The Propinsi Regional Naval alignment is carried out in the form of a plan This Section 27 (1) of the Ordinance is concerned with the Propinsi Space Plan.

(2) The District/City Regional Coastal Space Arrangement is carried out in the form of a plan of the blessing with regard to the The District/City Planning Plan.

CHAPTER XI AGREEMENTS AND ENVIRONMENTAL GUARANTEES

Article 36

(1) Any person and/or legal entity about to conduct an undertaking in the coastal region is mandatory:

a. Got approval first from the local coastal community; b. Creating an environmental rehabilitation plan; c. Create a community empowerment plan.

(2) The Regional Government granted the rights of the company in the coastal region after the intent to comply with the intent of the paragraph (1) of this section.

Section 37

Any person and/or legal entity Doing business in the coastal areas is mandatory: a. Pay attention to and protect the environment; b. Perform community empowerment.

Article 38

(1) The implementation of coastal community empowerment as referred to Section 37 of these Regional Regulations is coordinated by the Local Government in accordance with the respective authority pursuant to Applicable law.

(2) The financing arising from the implementation of the environmental rehabilitation plan and the empowerment of the coastal community as referred to Article 37 of the Regional Regulations is charged to the person And/or the legal entity that performs its enterprise in the coastal region.

BAB XII FUNDING AND COOPERATION

Article 39

The Government of Propinsi is allocated funds to carry out the Regulation of this Area within each year of the Regional Revenue and Shopping Budget.

Section 40

Funding for the management of coastal and marine areas can be obtained from various sources among other funds of compensation and other levies of the activities sector and cooperation with other parties that are not contrary to regulations It's

BAB XIII MONITORING AND EVALUATION

Article 41

Monitoring and evaluation of the implementation of the program and funding is carried out by the Regional Government of Propinsi and the body as referred to Section 21 of the paragraph (1) of the Regional Regulations This is at least once a year.

BAB XIV SETTLEMENT DISPUTE

Article 42

(1) The management disputes in coastal areas and seas between members of the public in one Village are reconcified by the Head of the Village with assisted by the existing village indigenous agencies.

(2) If peace can be achieved, then The peace was written and signed by the parties and the witnesses and members of the existing village's indigenous institutions, then passed by the Chief of the Village.

(3) Disputed disputes by the Chief of the Village are binding to the parties. dispute.

Article 43

(1) Disputes occurring in the management of coastal and marine areas involving more than one Village are resolved through the deliberation of the parties.

(2) The Settlement of the dispute in the Outside the court is conducted by the parties in consultation, expert judgment, negotiation, mediation, conciliation, or through local/local custom/kearifan customs.

(3) If there is no deliberation of the conflict in the conflict, then the parties may request a settlement through the body set up for it, may be done with involves or does not involve a government party.

(4) The resolution of a dispute through a court can only be reached if a dispute settlement attempt outside the court is declared not to be successful by any of the parties or the parties to dispute.

BAB XV ENFORCEMENT

Article 44

The Province of the Province of Propinsi carries out the protection of natural resources in the marine region of the Propinsi authority on the exploitation and exploration of the laws against the law: a. Provide the required information for the IBM Cloud Service offering, and the following terms: Coordinate with the law enforcement apparatus in accordance with the field of duty and authority; c. Coordinate with other Propinsi for law enforcement at sea.

Article 45

The District/City Local Government carries out natural resource protection in coastal areas against exploitation and exploration of the nature of the against the law with: a. Provides a required field for that; b. Coordinate with the law enforcement apparatus in accordance with the field of duty and authority c. Perform coordination with other districts/Cities.

Article 46

The Village Government carries out the local natural resources protection by enforcing the sanctions set out in the Village Ordinance created under the regulations

BAB XVI PROVISIONS

Article 47

Any person and/or legal entity committing a criminal, an act against the law and/or violation of the law. The administrative environment of the coastal areas and the sea is applied. sanctions based on the applicable laws.

Article 48

In the District/City Regulations and the Village Regulation may be sanctioned by its authority.

BAB XVII CLOSING provisions

Article 49

(1) The Regulation of the Regions is in effect on the date of promullation.

(2) For everyone to know it, order the invitation of the Regulation of the Regions with its placement in the North Sulawesi province of Propinsi.

Specified in Manado On May 26, 2003

GOVERNOR OF NORTH SULAWESI, ttd ADOLF JOUKE SONDAKH

PASSAGE OF PROVINCE OF NORTH SULAWESI PROVINCE IN 2003 NUMBER 5 SERIES E

EXPLANATION OF

REGULATION OF THE NORTH SULAWESI PROVINCE NUMBER 38 2003

ABOUT THE MANAGEMENT OF COASTAL AND MARINE AREAS

SOCIETY-BASED INTEGRATED IN NORTH SULAWESI PROVINCE

I. UMUM

The management of coastal and marine regions is part of the management of the environmental and natural resources. the implementation of this management is also closely related to the wider range of development aspects mentioned in the MPR Decree No. IV/MPR/1999 on the Great Lines of the State Haluan States 1999-2004, among others: (1) law (and human rights), the (2) economy; (3) politics; (4) education; (5) social and cultural; (6) the construction of the area; (7) the natural resources and the environment, and (8) defense and security; so the issue of coastal management and Smaller islands are also part of the problem of various aspects of the development. 2000 on the Regional Development Program of North Sulawesi, in particular: (1) the Natural and Environment Resource Program and (2) Economic Program. On

In the Natural and Environment Resource Programme, as one Direction and Policy, (item 9): Setting security against the shoreline especially keeping preservation of mangroves, marine biota, coral reefs, and the like. On the Economic Programme, as Direction and Policy among others are: (1) Coordinating the management of the marine and coastal resources to avoid occurrence The degradation of the resource (item 20), and (2) improve and build the natural-based of the culture, technology and environment (item 21).

In addition, the Propinsi Region Regulation is a matarchained From a series of regulations on coastal management. From 1997 to 1998 in the area of Minahasa Regency, the Minahasa Regency District Regulation No. 2 of 2002 on the Resource Management Integrated Coastal Region The people in Minahasa Regency, which were intended as an umbrella provision for local village regulations and decisions, were up to the efforts of making the Act on the Coastal Management that are now in the draft stage of the Act.

Some of the points in the Regulation of this Area are as follows:

1. The Community-based Integrated Coastal Management System.

The Unified Integrated Coastal Management System is a coastal and marine management system that is formed from two elements that are two principal ideas, namely: (1) Coastal and Integrated Sea Management, and (2) Coastal Management and the Community-Based Society.

The idea of Integrated Coastal Management is a process of coastal natural resources and integrating environmental services. between government activities, the world of effort and society, horizontal planning and vertically, the land and sea ecosystems, science and management, so that the management of the resource is further and can improve the well-being of the surrounding communities (Decree of the Minister of Oceans and Fisheries Number: Kep.10/Men/2002 about Unified Coastal Management Planning Guidelines.

The idea of coastal management and the Society-based Society is a process of coastal and marine resources management through decentralization of resource management that is the opentrant of the local community and through effective voting. The idea is based on the World Commission Report on the Environment and Development: Our next day together, 1987, and has begun to apply in a number of villages in Minahasa Regency since the year. 1997. Some of the principles in this notion, namely: (1) Volunteers are not Requirement/must; (2) Incentive, not sanctions; (3) Confirmation, not bureaucracy; (4) Process, not substance; and (5) Designated, not specific path. Public-based is the sustainable utilization of coastal natural resources, whereas as a program that gains special attention is coastal and marine management that arises from the will of coastal local communities, among others by Define the Marine Protection Area on their location.

2. From the mountains downstream of the river, the rivers flow, the surrounding areas and along the coastline, the sea, the smaller islands up to the high seas, are one ecosystem.

The ecosystem is a plant-grown, animals, and other organisms and functional interactions between them, and their environment, such as the mangrove ecosystem, the estuaries ecosystem, the coral reef ecosystem, the ecosystem of the field. The shoreline is solely, without regard to the The mountains are downstream of the river, the rivers flow, the sea, the smaller islands up to the high seas, will not get optimal results. This is because the coastal zone (coastal zone) is a transitional region between the land ecosystems. And so, all these areas should be seen as one ecosystem and all need to get attention.

The Propinsi Rule has limitations. First, it cannot be at once set up all those areas, and secondly, the jurisdiction of the jurisdiction of the jurisdiction of the Province of Propinsi. the first constraint needs to be addressed by the formation of other Regional Regulations which will become a regulatory slayer with the Regulation of this Region, while limitations the second need to be addressed among other by holding an analogy to the provisions of Article 4 of the letter f Article 23 of 1997 on the Management of the Environment in which it is mentioned as one of the objectives of the environmental management is

protect the State of the Republic of Indonesia against the impact of business and/or activities outside of the country that cause pollution and/or destruction of the environment. Although the province and/or District/City District in North Sulawesi do not have the management rights of the region outside of the North Sulawesi province but have the right to know and supervise the activity there which can have a impact on the Propinsi Region and/or County/City Regions in North Sulawesi.

3. The allotedness between economic considerations with ecology in decision making. Any development decision should pay attention to the allotedness between consideration

economics with ecology. The development that ignores ecological considerations only brings short-term economic benefits but poses environmental damage. life and economic losses in the long term due to the cost of recovery that must be borne in the future. accounting resources), which includes among other what and who is Aggrieved, how much damage and rehabilitation are planned. Well, without this calculation, then the economic benefits of the present are not as big as it seems because it is implicit in the loss that the government and the community have to endure. then day.

Otherwise, the protection of the living environment does not mean closing economic development; except for certain locations designated as the last protection area. The development remains required by the state, the area and the The community itself, with regard to certain terms. In addition to the direct construction of public interests and facilities such as the construction of international, national and regional passenger ports, is the full authority of the Local Government with regard to the protected areas. the last and the protection of the environment. Community empowerment is really given the meaning and practical consequences. Community empowerment will only achieve the expected results if really

is taken practical steps, which include among others: a. decentralization of a resource management that is a local community, which

among others with the granting of natural resource management to the local community; b. the presence of effective voice-giving in that society regarding the use of the resource

among others in the presence of representatives in the coordination bodies of coastal and marine management;

c. local people's rights as a the unity to give consent or reject the development plan in its territory;

d. The social responsibility of entrepreneurs for the local community empowerment plan. 5. Regional Regulation Occupation of this Propinsi is mainly to provide guidelines and encourage

districts and cities in North Sulawesi Province make up their own regional regulations based on the Coastal and Marine Management System Society-Based Integrated.

The formation of this Propinsi Regional Regulation is to pay attention to the limits of the authority of the Propinsi, where it is based on Invite-invite No. 22 of 1999 and Government Regulation No. 25 of 2000, the duties and the Propinsi privileges include: (1) Tasting and

authorization as Administration Area (Asas Deconcentration); (2) The task and authority as an Autonomous Region (Asas Decentralization); and, (3) The Task of the Pembantuan. the Autonomous Region for the Province of Propinsi, according to the General Description of item 1 of the Law No. 22 Year 1999, provided with limited release; including:

a. Authority in the areas of administration that is cross-county and City (Article 9 paragraph (1) of Act No. 22 of 1999);

b. The authority in other particular areas of government (Article 9 paragraph (1) Act No. 22 of 1999), outlined further in Article 3 of the paragraph (2) of Government Regulation Number 25 of 2000;

c. Authority that is not or may not be implemented by the District and City Areas (Section 9 of the paragraph (2) of Law No. 22 of 1999). The County/City Authority in certain areas and certain parts of the mandatory authority can be implemented by the Propinsi with an agreement between the Regency/City and the Propinsi (Article 3 of the paragraph (4) PP No. 25 of 2000). It is under Article 4 PP No. 25 of 2000).

The Autonomy point of Autonomy is in the District of District and the City so that the authority and the obligation to directly govern the community itself is mainly in the County and the City. Especially to provide the guidelines and thrusters of the establishment of District/City regulations based on the Coastal Management System and the Integrated Sea-Based Seas. It is the authority of the Propinsi or requires a a deal between Propinsi with County/City.

II. SECTION BY SECTION

Article 1

Quite clearly

Article 2

Quite clearly

Article 3

This provision is an analogy and further definitions on the provisions of Article 4 of the Law No. 23 of 1997 "About the Environmental Management" ("ENVIRONMENTAL MANAGEMENT"), which is described as one of the goals of the environmental management of the People's Republic of Indonesia against the impact of its efforts and/or activities outside of the country's territory which led to the The pollution and/or environmental destruction of the environment.

The letter a

In the MPR Decree No. IX/MPR/2001 has been designated as one of the principles of agrarian renewal and the management of natural resources is nurturing sustainability that can benefit optimal, good for generations Now and in future generations, with regard to the power of the look and support the environment (Article 5 of the g).

The development that meets the needs of the present means meets: 1. The economic needs, which include the needs of a viable life; 2. The social, cultural and health needs, which include a healthy, secure,

and laicable settlement, with clean water support, waterways, transportation, health facilities, educational facilities and protection from natural disasters;

3. Political Needs, which include freedom of participation in decision making about the environment;

Without diminuting the ability of future generations to meet their own needs means: 1. Borrowing usage non-renewable resources; 2. Coefficient use of renewable resources, which includes

the use of clean water, land, and forest in ways that can be guaranteed recovery by nature. itself;

3. It maintains natural absorpability of waste, which includes the ability of the river to absorb waste.

The letter b is quite clear

The letter c In the MPR Decree No. IX/MPR/2001 has been designated as one of the principles of agrarian renewal and management Natural resources are the decentralization of a national level of authority, Propinsi, district/city, and village or level, with regard to the allocation and management of agrarian resources and natural resources (Article 5 of the letter) l)

The d-h font is pretty clear

Article 5

Quite clear

Article 6

Clear enough

Article 7

Pretty clear

Article 8

Quite clear

Article 9

Clear enough

Section 10

This authority is the jurisdiction of the District/City itself under the laws and is mentioned here to affirm that the District/City area has The greater authority to regulate the behavior (behavior) of the local community with regard to coastal management rather than the Propinsi Region, which is more responsible for providing the guidelines with regard to institutional and acas-asas management.

Article 11

Pretty clear

Article 12

Letter a-d

Clearly

The letter e

The sociological basis of this provision is due to the local people first and directly affected by the coastal activity. The basis of this juridical provisions is in Article 2 of the paragraph (1) Ordonance of Disruption (Hinderordonnantie, Staatsblad 1926 226) which determines that with the Rule of the Regions it can be determined places where it is forbidden to set up a place to work. without permission outside than is already specified in Article 1 of the paragraph (1) Hinderordonnantie. In Article 6 of the paragraph (2) the number II of the Ordonance of Disruption is determined that the objections that may lead to the refusal of the permit to establish a building are objections caused by the concern that it will occur: (a) the danger; (b) Property damage, company or health; (c) severe disruption. For the guarantee of a better legal certainty for prospective investors, then in the Regional Regulation the Propinsi is given the provision that prior to the granting of permission by authorized officials there must have been an agreement from the public. locale as unity.

Article 13

Pretty clear

Article 14

Pretty clear

Article 15

Quite clear

Article 16

Quite clear

Article 17

Pretty clear

Article 18

Pretty clear

Article 19

Quite clear

Article 20

Quite clear

Article 21

Quite clear

Article 22

Quite clear

Article 23

Quite clear

Article 24

Pretty clear

Article 25

Quite clear

Article 26

Quite clear

Article 27

Verse (1) Letter a

Pretty clear the letter b

In the plan of the blessing (zoning) need to be aware of regulations on the zoning of coastal areas and seas for marine sand enterprise activities, among other things Cap No. 33 of 2002 on the Control and Supervision of Sand and Marine Affairs and the Decree of the Minister of Marine and Fisheries Number: Kep.33/Men/2002 on the Zonasi of Coastal and Marine Areas for the Activities of the Sand Sea.

The letter c-d is fairly clear

Verse (2) Pretty clear

Article 28

Pretty clear

Article 29

Quite clear

Article 30

Letter a

Quite clear

letter b

Propinsi authority in field Marine and perconnection as defined in PP Number 25 of the Year 2000, such as the arrangement of water management in the marine region of Propinsi (Article 3 section 5 grains 2 (marine field) letter a), the designation of a cross-district crossing/City crossing in the Propinsi region (Article 3 of item 15), and the management of regional ports (Article 3 paragraph 2), which is the sort of thing that needs to be set up but in its own regulation.

Article 31

Quite clear

Article 32

Quite clear

Article 33

Quite clear

Article 34

Quite clear

Article 35

Quite clear

Article 36

Verse (1)

Excluded from the provisions as referred to paragraph (1) of the letter a which is a direct development activity for common interests and facilities such as the construction of international, national and regional penbland ports.

Mechanism to obtain the consent of the local community governed further by the Governor of North Sulawesi.

Verse (2)

Quite clear

Article 37

Quite clear

Article 38

Quite clear

Article 39

Enough clear

Article 40

Pretty clear

Article 41

Quite clear

Article 42

This is in accordance with the duties and obligations of the Head of the Village under Article 101 of the letter e No. 22 of 1999, which is to reconcile the community disputes in the village, which in the passage of the description is given that to reconcile the Community disputes in the Village, the Village Head can be aided by the Indigenous institutions of the Village; and all disputes that have been reconcified by the Chief of the Village are binding on the parties.

Article 43

Quite clear

Article 44

A letter for the protection of natural resources in the marine region from 4 to 12 nautical miles Against the exploitation and exploration of laws such as the theft of fish, the Government of the Province of Propinsi needs to provide the necessary means/infrastructure that may be the provision of the Navy ships.

This is part of the implementation of Article 7 of the paragraph (3) of the Law No. 3 of 2002 on the State Defense which determines that the country's defense system in the face of a non-military threat puts government agencies outside. the field of defense as the main element, according to the form and nature of the threat faced with supported by the other elements of the nation's power.

The letter b is quite clear

The letter c

Quite clearly

Article 45

Enough clear

Article 46

Quite clear

Article 47

Quite clear

Article 48

Clear enough

Article 49

Quite clear