SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 167, 1999 | (Explanation in Additional State Sheet Republic Indonesia Number 3888) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
Number 41 YEAR 1999
ABOUT
FORESTRY
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. That the forest, as the gift of the Almighty God, which is granted to the people of Indonesia, is a wealth that is controlled by the State, provides a versatile benefit to mankind, is therefore obliged to be grateful, taken care of, and utilized. Optimally, as well as the preservation of the prosperity of the people, for the present generation and the future generations;
., b. that the forest, as one of the determiners of the buffer system of life and the source of the prosperity of the people, tends to decline in its condition, therefore its existence must be maintained optimally, guarded its support by lestari, and taken care of with Glorious, fair, wise, unwise, open, professional, as well as the clusters;
., c. that sustainable and insightful forest dealing, should accommodate the dynamics of aspiration and role as well as society, customs and culture, as well as the value of society based on national legal norms;
., d. That Act No. 5 of 1967 on the provisions of the Forestry Staple (the State Gazette of 1967 No. 8) is no longer in compliance with the principle of mastery and forest affairs, and the demands of the development of circumstances, so that it needs to be replaced;
., e. that based on the consideration of the letter a, b, c, and d need to be established a law on the new Forestry.
.,, Given: 1. Section 5 of the paragraph (1), Section 20 of the paragraph (1), Article 27, and Article 33 of the Basic Law of 1945;
., 2. MPR Decree RI Number XV/MPR/1998 about the Regional Autonomy; Set Up, Partition, and Useful National Resources; as well as the Central and Regional Financial Balance within the United States Framework of the Republic of Indonesia;
., 3. 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 2034);
., 4. Law No. 5 of 1990 on the Conservation of the Natural Resources of Hayati and its Ecosystem (1990 State Gazette Number 49, Additional State Sheet Number 3419);
. .5. Law Number 24 Of 1992 On the Penarrangement of Space (State Sheet Of 1992 Number 115, Additional Gazette State Number 3501);
., 6. Law No. 23 of 1997 on the Environmental Management of the Living Environment (State Gazette 1997 Number 68, Additional Gazette Number 3699);
., 7. Law Number 22 Year 1999 on Local Government (State Sheet 1999 Number 60, Additional Gazette State Number 3839);
With Approval
THE PEOPLE ' S REPRESENTATIVE COUNCIL
REPUBLIC OF INDONESIA,
DECIDED:
., SETTING OUT: THE LEGISLATION ON FORESTRY.
BAB I
UMUM PROVISIONS
The Kesatu section
Understanding
Section 1
In this law referred to:
., a., a. Forestry is a system of dealing with forests, forest areas, and integrated forest results.
., b. The forest is an ecosystem of land expanses of natural natural resources that are dominated by trees in their natural environment, the one with which the other cannot be separated.
., c. The forest area is a designated area designated and or designated by the Government to maintain its existence as a fixed forest.
., d. The forest of the country is a forest that is on unburdened land rights to the land.
e. The forest of the right is a forest that is on the land burdened the right of the land.
., f. The customary forest is a forest of the country that is within the customary community of the law.
., g. The forest of production is a forest area that has a central function of producing forest products.
., h. A protected forest is a forest area that has a central function as the protection of the life buffer system to regulate the water system, preventing flooding, controlling erosion, preventing the intrusion of seawater, and maintaining soil fertility.
., i. The conservation forest is a forest area with particular characteristics, which has a central function of the preservation of plants and animals and ecosystems.
., j. The wilderness area is a forest with particular characteristics, which has a central function as a preservation area of plant and animal diversity and its ecosystem, which also serves as the buffer zone of life.
., k. Natural preservation forest areas are forests of particular characteristics, which have a central function of the protection of life buffer systems, preservation of plant and animal diversity, as well as the sustainable use of natural resources and natural resources. The ecosystem.
., l. The hunting park is a forest area that is designated as a hunting attraction.
., m. Forest products are biodiversity, nonbiology and its derivatives, as well as services originating from the forest.
N. The government is the Central Government.
., o. The Minister is a minister for duty and responsible in the field of forestry.
The Second Part
Asas and Purpose
Section 2
Hosting forestry benefits and lestaries, kerakyatan, fairness, togetherness, openness, and allotedness.
Section 3
Hosting the foresight aims for a tremendous prosperity of the people who are both justice and sustainable with:
., a., a. Ensure the presence of a forest with sufficient and sufficient disproportionate distribution;
., b. optimizing of forest functions that include conservation functions, protection functions, and production functions to achieve environmental, social, cultural, and economic benefits, balanced and sustainable;
c. increase the support power of the stream area;
., d. enhance the ability to develop capacity and community empowerment in particular, fairness, and environmental insights to create social and economic resilience and resilience to the consequences of external changes; and
e. ensuring a fair and continuous distribution of benefits.
The Third Part
Forest Control
Section 4
.,, (1) All forests within the territory of the Republic of Indonesia including the natural wealth contained within it are controlled by the State for the great prosperity of the people.
.,, (2) the State of the State of the forest as referred to in paragraph (1) authorized the Government to:
.,
., a., a. set up and take care of everything related to forests, forest areas, and forest results;
., b. establish a specific area status as a forest area or forest area as not a forest area; and
., C. set and establish legal relations between people and forests, and to regulate the laws of forestry.
.,, (3) The forerage of the forest by the State continues to pay attention to the rights of indigenous laws, as long as there is still and recognized its existence, as well as not contrary to the national interest.
BAB II
FOREST STATUS AND FUNCTION
Section 5
(1) Forest by virtue of its status consists of:
., a., a. country forest, and
B. forest rights.
(2) The forest of the state as referred to in verse (1) the letter a, may be a customary forest.
.,, (3) The government sets out the status of the forest as referred to in verse (1) and verse (2); and the customary forest is set along according to the fact the customary law of the law is still present and recognized its existence.
.,, (4) If in its development the customary legal society is no longer present, then the management rights of the customary forest return to the Government.
Section 6
(1) The forest has three functions, namely:
., a., a. conservation function,
B. protected functions, and
c. Production function.
(2) The government sets out forests based on the underlying function as follows:
., a., a. conservation forest,
B. forest sheltered, and
c. production forest.
Section 7
The conservation forest as referred to in Article 6 of the paragraph (2) of the letter a consists of:
a. natural asylum forest area,
B. natural preservation forest area, and
c. theme park.
Section 8
(1) The Government may establish a specific forest area for special purposes.
.,, (2) The forage of forest area with special purpose, as referred to in paragraph (1) is required for general interest such as:
., a., a. research and development,
B. education and exercise, and
c. religi and culture.
.,, (3) The forest area with special purpose as referred to in paragraph (1), does not change the staple function of the forest region as referred to in Article 6.
Section 9
.,, (1) For the benefit of micro-climate arrangements, aesthetics, and water-catchment, in each city designated a particular region as a forest of the city.
.,, (2) Further provisions as referred to in paragraph (1), are governed by the Government Regulation.
BAB III
FOREST AFFAIRS
Section 10
.,, (1) The affairs of the forest as referred to in Article 4 of the paragraph (2) of the letter a, aim to obtain a large and versatile benefit and a lestary for the prosperity of the people.
.,, (2) Forest Affairs as referred to in paragraph (1), covering the hosting activities:
., a., a. forestry planning,
B. forest management,
., c. research and development, education and exercise, as well as for forestry counseling, and
D. surveillance.
BAB IV
FOREST PLANNING
The Kesatu section
Common
Section 11
.,, (1) The forestry planning is intended to provide guidelines and directions that guarantee the purpose of hosting forestry as referred to in Article 3.
., (2) Forest Planning is implemented in a transparent, litigational, participatory, integrated, as well as paying attention to the region ' s pecurariness and aspiration.
Section 12
Forestry planning as referred to in Article 10 of the paragraph (2) of the letter a, includes:
a. forest inventory,
B. Forest region's vaporization,
c. The fortitude of the forest region,
D. the creation of forest management areas, and
e. drafting of the forestry plan.
The Second Part
Forest inventory
Section 13
.,, (1) The deforestation of the forest is implemented to know and acquire data and information about resources, the potential for the natural wealth of the forest, as well as its environment in complete.
., (2) The inventory of the forest as referred to in verse (1) is conducted with a survey of the status and physical state of the forest, flora and fauna, human resources, as well as the social conditions of the communities in and around the forest.
(3) The deforestation of the forest as referred to in paragraph (2) consists of:
., a., a. National-level forest inventory,
B. Region-level forest inventory,
c. Inventory of forest level of river flow, and
D. Unit-level forest inventory management.
(4) The results of the inventory of the forest as referred to in verse (1), verse (2), and verse (3) among others to be used as the basis for the forest area, the preparation of the forest resources, the preparation of forestry plans, and the information system. Forestry.
.,, (5) Further provisions as referred to in paragraph (1), paragraph (2), and paragraph (3) are governed by the Government Regulation.
The Third Part
Forest Area pronunciation
Section 14
.,, (1) Based on the inventory of the forest as referred to in Article 13, the Government organizes the reinforcing of forest areas.
(2) The activity of the forest area as referred to in verse (1), is done to provide legal certainty over the forest area.
Section 15
.,, (1) The reinstatement of the forest region as referred to in Article 14 is done through the process as follows:
., a., a. forest region designation,
B. forest area boundary alignment,
c. Forest region mapping, and
D. assignment of the forest area.
(2) The burial of the forest area as referred to in verse (1) is carried out with regard to the plan of the region's spatial layout.
The Fourth Part
The Forest Region ' s aginate
Section 16
.,, (1) Based on the evaporation of the forest area as referred to in Article 14 and Article 15, the Government organizes the penatagunaan of the forest area.
.,, (2) The Penatagunaan of the forest area includes the activities of establishing functions and use of forest areas.
.,, (3) Further provisions as referred to in paragraph (1) and paragraph (2) are governed by the Government Regulation.
The Fifth Part
The Formation Of The Forest Management Area
Section 17
(1) The formation of forest management areas is exercised for the level:
., a., a. propinsi,
B. district/city, and
c. unit management.
.,, (2) The establishment of a forest management area of the management unit is implemented by considering land characteristics, forest type, forest functions, river flow conditions, cultural social, economic, institutional local communities including The civil law and the administrative boundaries of the government.
.,, (3) The formation of a forest management unit that goes beyond the administrative limit of the Government due to its conditions and characteristics as well as forest type, its suppressors are regulated specifically by the Minister.
Section 18
.,, (1) The government establishes and maintains the broad adequates of forest areas and forest closures for each watershed and or island, in order to optimize environmental benefits, social benefits, and the economic benefits of local communities.
.,, (2) The area of the forest area that must be retained as referred to in paragraph (1) is at least 30% (thirty percent) of the area of river and or island with a proportionate distribution.
Section 19
.,, (1) Change of forage and forest region function is set by the Government by based on the results of integrated research.
.,, (2) Changes to forest areas as referred to in paragraph (1) which have an important impact and broad scope and strategic value, are defined by the Government with the approval of the People's Representative Council.
., (3) The provisions of the manner of changes in forest areas and changes in forest region functions as referred to in paragraph (1) and verse (2) are governed by the Government Regulation.
The Sixth Part
Drafting The Forestry Plan
Section 20
.,, (1) Based on the results of the inventories as referred to in Article 13, and by considering environmental factors and social conditions of society, the Government is drafting a forestry plan.
., (2) The forestry plan as referred to in paragraph (1) is compiled according to the planning term, the geographical scale, and according to the central function of the forest area.
.,, (3) Further provisions as referred to in paragraph (1) and paragraph (2) are governed by the Government Regulation.
BAB V
FOREST MANAGEMENT
The Kesatu section
Common
Section 21
Forest management as referred to in Article 10 of the paragraph (2) letter b, covering activities:
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.
The Second Part
System Forests and Drafting Of The Management Plan
Section 22
.,, (1) The forest order is implemented in the framework of the more intensive forest area management to obtain more optimal and sustainable benefits.
.,, (2) The forest system includes the division of forest areas in blocks based on ecosystems, types, functions and forest utilization plans.
.,, (3) Blok-blocks as referred to in paragraph (2) are divided on the tint based on intensity and efficiency of the management.
.,, (4) Based on the block and tenement as referred to in verse (2) and verse (3), compiled a forest management plan for a certain period of time.
.,, (5) Further provisions as referred to in paragraph (2), paragraph (3), and paragraph (4) are governed with
Government Regulation.
The Third Part
Forest utilization and Forest Area Use
Section 23
Forest utilization, as referred to in Article 21 of the letter b, aims to obtain optimal benefits for the well-being of the whole society in justice by keeping its own delictest.
Section 24
The utilization of forest areas can be done in all forest areas except for the nature reserve forest as well as the core zone and the jungle zone at the national park.
Section 25
The use of natural conservation forest areas and natural sanctuary forest areas as well as hunting parks are governed in accordance with applicable laws.
Section 26
.,, (1) The protection of protected forests can be the region ' s utilization, utilization of environmental services, and forest yield instead of wood.
.,, (2) The protection of protected forests is exercised through the granting of area utilization efforts, environmental service utilization permits, and forest yield permits instead of wood.
Section 27
.,, (1) The area utilization of the region as referred to in Article 26 of the paragraph (2) may be provided to:
., a., a. Individual,
B. cooperative.
., (2) The consent of the environmental services utilization of services as referred to in Article 26 of the paragraph (2), may be provided to:
., a., a. Individual,
B. cooperative,
c. Indonesian private-owned business entity,
D. State owned enterprise or an area-owned business entity.
.,, (3) Forest results permit instead of wood as referred to in Article 26 paragraph (2), may be provided to:
., a., a. Individual,
B. cooperative.
Section 28
.,, (1) The production of the production forest can be the utilization of the region, the utilization of environmental services, the utilization of wood forest results and not wood, as well as wood forest results and not wood.
.,, (2) Production forest utilization is exercised through the granting of area utilization efforts, environmental services utilization permit, timber forest product utilization permit, forest yield utilization permit instead of wood, forest yield permit. wood, and forest results permit instead of wood.
Section 29
.,, (1) The area utilization of the region as referred to in Article 28 of the paragraph (2) may be provided to:
., a., a. Individual,
B. cooperative.
.,, (2) the environmental services utilization permit as referred to in Article 28 of the paragraph (2) may be provided to:
., a., a. Individual,
B. cooperative,
c. Indonesian private-owned business entity,
D. State owned enterprise or an area-owned business entity.
.,, (3) The attempted utilization of forest results instead of wood as referred to in Article 28 of the paragraph (2) may be provided to:
., a., a. Individual,
B. cooperative,
c. Indonesian private-owned business entity,
D. State owned enterprise or an area-owned business entity.
.,, (4) The use of wood forest product utilization efforts as referred to in Article 28 of the paragraph (2) may be provided to:
., a., a. Individual,
B. cooperative,
c. Indonesian private-owned business entity,
D. State owned enterprise or an area-owned business entity.
.,, (5) wooden forest results permit and not wood as referred to in Article 28 paragraph (2) may be provided to:
., a., a. Individual,
B. cooperative.
Section 30
In order for the economic empowerment of the public, each state-owned enterprise, the state-owned enterprise, and the Indonesian private sector, which obtained the business permit for the use of environmental services, the use of wood forest products and not the use of the public sector. wood, required to cooperate with local community cooperatives.
Section 31
.,, (1) To guarantee the asas of justice, alignment, and lestari, then the permit for forest utilization is limited by considering the aspect of forest sustainability and the facet of business certainty.
.,, (2) Restrictions as referred to in paragraph (1) are governed by the Government Regulation.
Section 32
The permit is as set out in Article 27 and Article 29 is obliged to keep, maintain, and preserve the forest for its efforts.
Section 33
.,, (1) The utilization of forest results includes planting, maintenance, harvesting, processing and marketing of forest results.
., (2) The harvesting and processing of forest results as referred to in verse (1) should not exceed the support of the forest by lestari.
.,, (3) Setting up, coaching and development of forest yield processing as referred to in paragraph (2) is governed by the Minister.
Section 34
Forest area management for special purposes as referred to in Article 8 may be provided to:
a. customary law society,
B. education institution,
c. research institute,
D. Social and religious institutions.
Section 35
.,, (1) Any holder of the forest utilization efforts as referred to in Article 27 and Section 29, are subject to business permit, provision, rebozation funds, and performance assurance funds.
.,, (2) Any holder of the forest utilization efforts as referred to in Article 27 and Article 29 is required to provide investment funds for forest preservation costs.
.,, (3) Any holder of the forest results permit as referred to in Article 27 and Article 29 is only subject to provision.
.,, (4) Further provisions as referred to in paragraph (1), paragraph (2), and paragraph (3) are governed by the Government Regulation.
Section 36
.,, (1) The rights of forest rights to the rights holders of the land are concerned, according to its function.
.,, (2) The conservation of protected rights forests and conservation can be done as long as it does not interfere with its function.
Section 37
.,, (1) The harvesting of indigenous forest is carried out by the people of the customary law concerned, according to its function.
.,, (2) The functioning of a customs forest that functions protected and conservation can be done as long as it does not interfere with its function.
Section 38
.,, (1) The use of forest areas for development interests outside of forestry activities can only be carried out within the area of the production forest and protected forest areas.
.,, (2) The use of forest area as referred to in verse (1) can be done without changing the staple function of the forest region.
.,, (3) The use of forest areas for mining interests is carried out through granting of the use of borrowing by the Minister by considering certain broad boundaries and timeframe as well as for the preservation of the environment.
.,, (4) In areas of protected forest are prohibited from conducting mining with open mining patterns.
., (5) Use of the use permit as referred to in paragraph (3) which has an important impact and broad coverage and strategic value is carried out by the Minister for the approval of the People's Representative Council.
Section 39
The provisions of the implementation of forest use and the use of forest areas as referred to in Article 27, Article 29, Article 34, Section 36, Article 37, and Article 38 are further regulated by
Government Regulation.
The Fourth Part
Rehabilitation and Forest Reclamation
Section 40
Forest rehabilitation and land are intended to restore, maintain, and improve forest and land functions so that support, productivity, and its role in support of the life buffer system remain awake.
Section 41
(1) Rehabilitation Forests and land organized through activities:
., a., a. rebozation,
B. Greening,
C. maintenance,
D. plant enrichment, or
., e. the application of vegetative land conservation techniques and technical civil, on critical and unproductive land.
.,, (2) The rehabilitation activities as referred to in paragraph (1) are performed in all forests and forest areas except the nature reserve and the national park core zone.
Section 42
.,, (1) The rehabilitation of forests and lands is exercised under the specific conditions of biophysics.
.,, (2) The rehabilitation of forest rehabilitation and land takes precedence over the participatory approach in order to develop the potential and empower the public.
.,, (3) Further provisions as referred to in paragraph (1) and paragraph (2) are governed by the Government Regulation.
Section 43
.,, (1) Any person who owns, manages, and or utilits a critical or unproductive forest, is obliged to carry out forest rehabilitation for the purposes of protection and conservation.
., (2) In the implementation of rehabilitation as referred to in paragraph (1), each person may request assistance, service and support to a community of swadaya communities, other parties or the Government.
Section 44
.,, (1) Forest Reclamation as referred to in Article 21 of the letter c, covering the effort to repair or recover damaged land and forest vegetation in order to function optimally according to its designation.
.,, (2) Reclamation activities as referred to in paragraph (1) include location inventory, location assignment, planning, and reclamation execution.
.,, (3) Further provisions as referred to in paragraph (1) and paragraph (2) are governed by the Government Regulation.
Section 45
., (1) The use of forest areas as referred to in Article 38 paragraph (1) resulting in forest damage, compulsory reclamation and or rehabilitation according to the pattern of the Government ' s specified pattern.
.,, (2) Reclamation on the forest area of the former mining area, compulsory enforced by mining permit holders in accordance with the stages of mining activities.
., (3) Piiming which uses forest areas for interests outside of forestry activities resulting in changes in the surface and the closure of the land, obliged to pay for reclamation and rehabilitation funds.
.,, (4) Further provisions as referred to in paragraph (1), paragraph (2), and paragraph (3) are governed by the Government Regulation.
The Fifth Part
Forest Protection and Nature Conservation
Section 46
Conservation of forest protection and conservation of nature aims to maintain forests, forest areas and their environment, for protection functions, conservation functions, and production functions, be achieved optimally and lestary.
Section 47
Forest protection and forest areas are an attempt to:
., a., a. prevent and limit forest damage, forest areas, and forest results caused by human acts, livestock, fires, natural resources, pests, and diseases; and
., b. maintain and maintain state, community and individual rights over forests, forest areas, forest products, investments and devices associated with forest management.
Section 48
.,, (1) The government regulates forest protection, both inside and outside the forest area.
(2) The protection of forests in the forest of the country is exercised by the Government.
., (3) Licensee's use of forest utilization as referred to in Article 27 and Article 29, as well as those who receive the forest management authority as referred to in Article 34, are required to protect the forest in its work area.
(4) The protection of the forest in the forest of rights is committed by its rights holders.
., (5) In order to guarantee the exercise of protection of the well-kept forest, the public is included in the forest protection efforts.
., (6) Further provisions as referred to in paragraph (1), paragraph (2), paragraph (3), paragraph (4), paragraph (4), and paragraph (5) are governed by the Government Regulation.
Section 49
The holder of the right or permission is responsible for the occurrence of forest fires in its work area.
Section 50
(1) Each person is prohibited from damaging the infrastructure and the means of forest protection.
., (2) Any person given the area utilization of the region, the permit for the use of the environmental services, the permit for the use of timber and non-timber forest products, as well as wood forest and non-timber, are prohibited from performing activities that are not used for the purpose of the state. It causes forest damage.
(3) Each person is prohibited:
.,
., a., a. working on and or using and or occupying the forest area unlawfully;
B. add forest area;
., c. doing tree logging in a forest area with radius or distance up to:
., 1. 500 (five hundred) meters from the edge of the reservoir or lake;
., 2. 200 (two hundred) meters from the edge of the water eye and left right of the river in the swamp area;
3. 100 (hundred) meters from the left right bank of the river;
4. 50 (fifty) meters from the left right bank of the tributary;
5. 2 (two) times the depth of the abyss from the edge of the abyss;
., 6. 130 (one hundred and thirty) times the highest tide and the lowest tide of the waterfront.
D. burning the forest;
., e. Cut down trees or harvest or collect forest results in the forest without having the right or permission of the authorized official;
., f. receive, purchase or sell, receive exchange, receive services, store, or have any known or exemplary forest results from the forest area taken or levied unlawfully;
., g. conduct public inquiry or exploration activities or exploitation of mining materials in the forest area, without the Minister ' s permission;
., h. transport, master, or have forest results that are not equipped together with the result of the forest result;
., i. echoing the cattle inside the forest area that are not specifically designated for the intent by authorized officials;
., j. carrying heavy tools and or other customary or exemplary tools will be used to transport forest products within the forest area, without the permission of the authorized officials;
., k. carrying tools that are commonly used to cut down, cut, or split trees inside a forest area without the permission of the authorized officials;
., l. dispose of objects that can cause fire and damage as well as harm the presence or survival of forest functions into the forest area; and
., m. Remove, carry, and transport unprotected wildlife plants and wildlife from the forest area without the permission of the authorized officials.
., (4) The provisions of issuing, carrying, and or transporting plants and or animals protected, are governed in accordance with applicable laws.
Section 51
.,, (1) To guarantee the hosting of forest protection, then to certain forestry officials in accordance with the nature of its work given the authority of the special police.
.,, (2) the officers who are authorized of the special police force as referred to in paragraph (1) are authorized to:
., 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.
BAB VI
RESEARCH AND DEVELOPMENT, EDUCATION AND
EXERCISE AS WELL AS FORESTRY COUNSELING
The Kesatu section
Common
Section 52
., (1) In lestari forest affairs, the required quality human resources are characterized by the mastery of science and technology that is based on faith and taqwa to the Almighty God, through the establishment of research and development, education and training, as well as sustainable forestry counseling.
.,, (2) In the holding of research and development, education and exercise as well as forestry counseling, compulsory attention to science and technology, traditional kearifan as well as social cultural conditions of society.
.,, (3) In the course of research and development, education and exercise, as well as for forestry counseling, the Government is obliged to keep the wealth of the Indonesian nutfah plasma from theft.
The Second Part
Forest Research and Development
Section 53
.,, (1) The research and development of forestry is intended to develop the national capabilities as well as the culture of science and technology in forest affairs.
.,, (2) The research and development of forestry aims to improve the ability of forest affairs in realizing sustainable forest management and increased value added forest results.
.,, (3) The research and development of forestry is carried out by the Government and can cooperate with the college, the world of effort, and the community.
.,, (4) The Government is encouraging and creating conditions that support an increase in the ability to master, develop, and leverage the science and technology of forestry.
Section 54
.,, (1) The government together with the world of effort and society publicised the results of the research and development of forestry as well as developing information systems and services of research results and forestry development.
.,, (2) The government is obliged to protect the results of scientific and technological discoveries in the field of forestry in accordance with applicable laws.
.,, (3) The permit conducting forestry research in Indonesia can be given to foreign researchers by referring to the applicable laws.
The Third Part
Education and Forestry Exercise
Section 55
.,, (1) Education and forestry exercises are intended to develop and improve the quality of the human resources of a skilled forestry, professional, dedicated, honest and noble and noble.
.,, (2) Education and forestry exercises aim to form the human resources that control and be able to harness and develop science and technology in the matter of forests fairly and lestari, based on faith and taqwa To the Almighty God.
.,, (3) The exercise of education and forestry exercises is carried out by the Government, the world of effort, and the community.
.,, (4) The government encourages and creates conditions that support the convening of education and forestry exercises, in order to increase the quantity and quality of human resources.
The Fourth Part
Forestry Counseling
Section 56
.,, (1) The forerage of forestry aims to enhance knowledge and skills and to change the attitude and behavior of society to want and to be able to support forestry development on the basis of faith and taqwa to the Almighty God as well as aware of it. the importance of forest resources for human life.
.,, (2) The practice of forestry counseling is done by the Government, the world of effort, and the community.
.,, (3) The government encourages and creates conditions that support the organizers of the forestry counseling activities.
The Fifth Part
Funding and Prasarana
Section 57
.,, (1) The business world in the field of compulsory forestry provides investment funds for research and development, education and exercise, as well as for forestry counseling.
.,, (2) The government provides forest areas to be used and supports research and development activities, education and exercise, as well as forestry counseling.
Section 58.
More provisions on research and development, education and exercise, as well as forestry counseling are set up with Government Regulation.
BAB VII
SUPERVISION
Section 59
Forestry surveillance is intended to lecture, trace, and assess the execution of forest affairs, so that its purpose can be achieved at a maximum and at once a feedback for improvement and refinement of forest affairs. continue.
Section 60
(1) The Government and Local Government are required to conduct forestry oversight.
(2) The public and or individual roles as well as in forestry supervision.
Section 61
The government is obliged to undertake oversight of forest affairs organized by the Local Government.
Section 62.
Government, Local Government, and the public conduct oversight of the management and or utilization of forests carried out by third parties.
Section 63
In carrying out the forestry supervision as referred to in Article 60 of the paragraph (1), the Government and the Local Government are monitoring, requesting the captions, and conducting an examination of the execution of forest affairs.
Section 64
The government and the public are conducting surveillance on the implementation of forest management that impacts national and international.
Section 65
More provisions on forestry supervision are set up with Government Regulation.
BAB VIII
SUBMISSION OF AUTHORITY
Section 66
.,, (1) In order to host forestry, the Government is handing over a portion of the authority to the Local Government.
.,, (2) The implementation of the submission of some of the authority as referred to in paragraph (1) aims to increase the effectiveness of forest affairs in order to develop regional autonomy.
.,, (3) Further provisions as referred to in paragraph (1) and paragraph (2) are governed with
Government Regulation.
BAB IX
INDIGENOUS LAW SOCIETY
Section 67
.,, (1) The civil law society as long as it is in fact still exists and recognized its existence is entitled to:
.,
., a., a. conduct forest results for the fulfillment of the daily life needs of the customary community;
., b. conduct forest management activities under the applicable customary law and do not conflict with the promulg; and
c. obtaining empowerment in order to improve its prosperity.
.,, (2) The confirmation of the existence and the hapless of the customary law society as referred to in paragraph (1) is set with the Regional Regulations.
.,, (3) Further provisions as referred to in paragraph (1) and paragraph (2) are governed by the Government Regulation.
BAB X
THE ROLE AS WELL AS SOCIETY
Section 68
.,, (1) The public is entitled to enjoy the quality of the life environment that the forest produces.
(2) In addition to the rights as referred to in paragraph (1), the public can:
.,
., a., a. utilize forest and forest results in accordance with applicable laws;
., b. know the forest for forest development, forest product utilization, and forestry information;
.,, c. gave information, advice, as well as consideration in the development of forestry; and
., d. Conducting surveillance on the implementation of the development of forestry both direct and indirect.
.,, (3) The communities in and around the forest are entitled to compensate for the loss of access with the surrounding forests as a work field to meet the needs of its life due to the establishment of forest areas, according to the regulations Applicable laws.
.,, (4) Everyone is entitled to compensation due to the loss of rights to its property as a result of the establishment of forest areas in accordance with the provisions of applicable laws.
Section 69
.,, (1) The people are obligated to participate and maintain and maintain forest areas of interference and destruction.
.,, (2) In carrying out rehabilitation of the forest, the public can request assistance, service, and support to the NGO ' s non-governmental agencies, other parties, or the Government.
Section 70
(1) The public is participating in the development in the field of forestry.
.,, (2) The government is obliged to encourage the role as well as the public through a variety of activities in the field of a useful and successful foresight.
.,, (3) In order to improve the role as well as the community of Government and Local Government can be assisted by a forestry casting forum.
.,, (4) Further provisions as referred to in paragraph (1) and paragraph (2) are governed by the Government Regulation.
BAB XI
REPRESENTATIVE LAWSUIT
Section 71
.,, (1) The public is entitled to file a representative lawsuit to the court and or report to law enforcement against the damage to the forest that harms the lives of the public.
.,, (2) The right to submit a lawsuit as referred to in paragraph (1) is limited to charges against forest management that are not in compliance with applicable laws.
Section 72
If it is known that society is suffering from pollution and or forest damage in such a way that it affects people's lives, then government agencies or local government agencies responsible for forestry can be found. act for the benefit of the community.
Section 73
.,, (1) In order to exercise the responsibility of forest management, the forestry field organization is entitled to file a representative suit for the benefit of preserving forest functions.
.,, (2) The organization of forestry fields entitled to submit a lawsuit as referred to in paragraph (1) must meet the requirements:
., a., a. the form of a legal entity;
., b. The organization in its basic budget has expressly stated the purpose of the establishment of the organization for the benefit of preservation of forest functions; and
c. have carried out activities according to its base budget.
BAB XII
FOREST DISPUTE RESOLUTION
Section 74
.,, (1) The resolution of a forestry dispute can be reached through a court or outside the court based on the voluntary choice of the disputable parties.
.,, (2) If it has been selected an attempt to resolve a forestry dispute outside the court, then a lawsuit through a court can be carried out after an unreached agreement between the parties in dispute.
Section 75
.,, (1) The settlement of forestry disputes outside the court does not apply to criminal acts as set out in this legislation.
.,, (2) The Settlement of forestry disputes outside the courts is intended to reach an agreement on the return of a right, the magnitude of the indemnation, and or regarding the form of certain actions that must be done to restore the function of the forest.
.,, (3) In the resolution of a forestry dispute outside the court as it is referred to in paragraph (2) may be used by the third party services designated jointly by the parties and or the assistance of non-Government organizations to assist in the settlement. Forestry dispute.
Section 76
.,, (1) The resolution of the forestry dispute through the courts is intended to obtain a ruling regarding the return of a right, the magnitude of the damages, and or of certain actions that the party loses in dispute.
.,, (2) In addition to the ruling to perform certain actions as referred to in paragraph (1), the court may assign a forced payment of the money over the delay of the execution of that particular act every day.
BAB XIII
INQUIRY
Section 77
.,, (1) other than the officials of the Indonesian state police investigators, a particular civil servant official whose scope of duty and responsibility covers the forest business, is given special authority as an investigator as referred to in the Book of Criminal Law Act.
.,, (2) The officer of the Civil Service Investigators as referred to in paragraph (1), authorized to:
.,
., a., a. conduct an examination of the correctness of the report or the information regarding the criminal acts concerning forests, forest areas, and forest results;
., b. conduct an examination of the person suspected of committing a criminal offence regarding forest, forest area, and forest results;
., c. check the ID of a person who is in a forest area or its legal region;
., d. conducting search and seizure of evidence of criminal evidence that concerns forest, forest areas, and forest results in accordance with applicable law provisions;
., e. requested information and evidence from persons or legal entities in connection with a criminal act concerning forest, forest area, and forest results;
., f. catch and hold in coordination and supervision of the Indonesian National Police ' s investigators pursuant to the Criminal Event Law Code;
G. create and sign event news;
., h. To stop the investigation if there's not enough evidence of a criminal activity involving the forest, forest area, and forest results.
.,, (3) Civil Service Investigators officials as referred to in paragraph (1) notify the start of the investigation and submit the results of its inquiry to the public prosecutor, according to the Criminal Proceed Law Act.
BAB XIV
CRIMINAL PROVISIONS
Section 78
(1) Whoever intentionally violates the terms in Article 50 of the paragraph (1) or Article 50 of the verse (2), is threatened with a prison criminal of the longest 10 (ten) years and the most fine of Rp 5,000.000.00 (five billion rupiah).
.,, (2) any person who intentionally violates the provisions as referred to in Article 50 of a (3) letter a, letter b, or letter c, threatened with a prison criminal at least 10 (ten) years and a fine of most Rp5,000.000.00 (five billion rupiah).
.,, (3) any person who intentionally violates the provisions as referred to in Article 50 of the letter d, is threatened with a prison criminal of the longest 15 (fifteen) years and the most fine of Rp5,000.000.00 (five billion rupiah).
(4) Whoever is due to his negligence is in violation of the provisions as referred to in Article 50 of the letter d, threatened with a prison criminal for the longest 5 (five) years and the most fine of Rp1,500.000.00 (one billion five hundred million rupiah).
., (5) any person who intentionally violates the provisions as referred to in Article 50 paragraph (3) of the letter e or the letter f, threatened with a prison criminal of at least 10 (ten) years and the most fine Rp5,000.000.00 (five billion rupiah).
., (6) any person who intentionally violates the provisions as referred to in Article 38 of the paragraph (4) or Article 50 paragraph (3) of the letter g, threatened with a prison criminal at least 10 (ten) years and the most fines of Rp5,000.000.00 (five billion rupiah).
., (7) any person who intentionally violates the provisions as referred to in Article 50 of the letter h, is threatened with a prison criminal of the longest 5 (five) years and the most fines of Rp10,000.000.00 (ten billion rupiah).
.,, (8) any person who violates the provisions as referred to in Article 50 of the letter i, is threatened with a prison criminal at most 3 (three) months and the most fines of Rp10,000.00 (ten million rupiah).
.,, (9) any person who intentionally violates the provisions as referred to in Article 50 paragraph (3) of the letter j, is threatened with a prison criminal of at least 5 (five) years and the most fines of Rp5,000.000.00 (five billion rupiah).
(10) Whoever intentionally violates the terms in Section 50 (3) of the letter k, is threatened with a prison criminal at most 3 (three) years and a fine of at most Rp1,000.000.00 (one billion rupiah).
(11) Whoever intentionally violates the terms in Article 50 of the letter l, threatened with a prison criminal at most 3 (three) years and a fine of the most Rp1,000.000.00 (one billion rupiah).
.,, (12) any person who intentionally violates the provisions as referred to in Article 50 of the letter m, is threatened with the penultimate prison criminal 1 (one) year and the most fines of Rp50,000.000.00 (fifty million rupiah).
(3), verse (2), verse (3), verse (4), verse (5), verse (6), verse (7), paragraph (9), paragraph (9), paragraph (10), and verse (11) is a crime, and a criminal offence, as referred to in the paragraph (8) and the paragraph (12), is the (")". Violations.
(14) Penal Code as referred to in Article 50 of the paragraph (1), paragraph (2), and paragraph (3) if performed by and or on behalf of the legal entity or entity, the charges and sanction are dropped against his or her isolation, either by itself. And together, they are charged with a criminal threat, plus 1/3 (a third) of the criminal being dropped.
.,, (15) All forest results of the proceeds of the crime and the offence and or the tools including its transport tools used to commit crimes and or violations as referred to in this section are deprived of the State.
Section 79
.,, (1) The wealth of the state is the result of forest and other goods either of the findings and or the spoils of the proceeds of the crime or the offence as referred to in Article 78 of the auctioned for the State.
.,, (2) For the parties credited in the State of State ' s wealth rescue efforts as referred to in paragraph (1) are granted incentives set aside from the intended auction.
.,, (3) Further provisions as referred to in paragraph (2) are governed by the Minister.
BAB XV
RESTITUTION AND ADMINISTRATIVE SANCTION
Section 80
.,, (1) Any unlawful conduct set in this Act, by not reducing criminal sanctions as set out in Article 78, obliges it to the responsible deeds of it to pay damages according to the rate of damages or consequences incurred to the State, for the cost of rehabilitation, restoration of forest conditions, or any other necessary action.
.,, (2) Any business permit holders of the region, environmental services utilization permit, use of forest output, or forest results permits, provided in this law, in case of violation of the provisions of the Cloud Service, or the use of the Cloud Service, or the use of the Cloud Service, or The criminal as set up in Article 78 is imposed administrative sanction.
.,, (3) Further provisions as referred to in paragraph (1), and paragraph (2) are governed with
Government Regulation.
BAB XVI
THE TRANSITION PROVISION
Section 81
The forest area that has been designated and or specified under applicable law before the enactment of this Act is stated to remain in effect under this law.
Section 82
All applicable laws of forestry in the field of forestry, as long as it does not conflict with this law, it remains in effect until the passing of legislation that is under the law. this.
BAB XVII
CLOSING PROVISIONS
Section 83
Upon the effective date of the law, it is declared to be not valid:
., 1. Boschordonnantie Java en Madoera 1927, Staatsblad of 1927 Number 221, as amended by the 1931 Staatsblad Number 168, was last changed with the Staatsblad of 1934 Number 63;
., 2. Law No. 5 of 1967 on the provisions of the Forestry Staple (State Sheet 1967 Number 8, Additional Gazette Number 2823).
Section 84
This law goes into effect on the promulgated date.
In order for everyone to know, order the invitational of this legislation with its placement in the State Sheet of the Republic of Indonesia.
.,, Dislocated in Jakarta,
on September 30, 1999
PRESIDENT OF THE REPUBLIC OF INDONESIA,
BACHARUDIN JUSUF HABIBIE
Promulgated in Jakarta
on September 30, 1999
MINISTER OF STATE SECRETARY OF STATE
REPUBLIC OF INDONESIA,
M U L A D I
