that in frame of further implementation of the provision of Article 46 up to Article 51, Article 77 and Article 80 of Law No. 41/1999 on Forestry, then it is required to specify the Government Regulation on forest protection.
In this Governmental Regulation, meant by:
(1) Forest protection is a part of forest management activity.
(2) Forest protection activity as referred to paragraph (1) shall be executed at forest areas in the form of Conservation Forest Management Union or Unit (KPHK), Protected Forest Management Union or Unit (KPHL), and Production Forest Management Union or Unit (KPHP).
(1) Forest protection as referred to Article 2 shall become the authority of Central Government and/or Regional Government.
(2) Forest protection Activity as referred to paragraph (1), at certain areas and for certain activity, may be delegated by the Government to State Own Enterprises (BUMN) running in the field of forestry.
(1) In frame of forestry research, development, education and training importance, culture and religion, The minister shall specify forest protection with a special objective.
(2) Forest protection at the forest area with the special objective as referred to paragraph (1) for the activities of:
(3) Forest protection with special objective as referred to paragraph (2) shall be specified by the Minister.
(4) Further provisions on forest protection with special objective as referred to paragraph (1) and paragraph (2) shall be specified by the Minister.
Forest protection is conducted to take care of forest, forest products, forest areas and its environmental, in order to reach optimal and everlasting protective function, conservation function, and production function.
Forest protection principles cover:
To prevent, control and maintain as well as to take care of the forest as referred to Article 6 letter a and letter b because of human being, then the Government, Regional Government and the Communities shall:
(1) Forest protection for the forest areas that its management is delegated to BUMN in the field of forestry, shall be executed and become responsibility of its manager.
(2) Forest protection for forest area which have become work areas of exploitation permit holder, business permit of environmental service exploitation, business permit of forest products exploitation, forest products collection permit, and the holder of borrowing and utilizing forest area permit shall be executed and become responsibility of the pertinent permit holder.
(3) Forest protection Activity at the forest area with special objective shall be executed and become responsibility of its organizer.
(4) Forest Protection as referred to paragraph (1), paragraph (2) and paragraph (3) shall cover:
(5) Further provisions on Forest Protection as referred to paragraph implementation (4) shall be regulated by the Minister.
(1) Forest Protection for the forest area which its management is delegated to the customary law communities, shall be executed and become responsibility of the customary law communities.
(2) Forest Protection as referred to paragraph (1) shall be submitted to the customary law community, shall be executed by pursuant to the traditional norms which are effective in the community of the pertinent customary law which the advisory of the Government, province Government and/or Regional Government of regency/city.
(1) Forest Protection at the rights forest, shall be executed and become responsibility of the rights holder.
(2) Forest Protection as referred to paragraph (1) covering activity among other:
The Central Government, the Province Government and or the Regency/City Government shall conduct facilitation, tuition, guidance, supervision toward forest protection activity as referred to Article 8, Article 9, and Article 10.
(1) Anybody transporting, controlling or owning forest products is obliged to be completed with the certificate of forest products validity.
(2) Included in to definition of forest products which are not completed by the certificate of forest products validity are:
(3) Further provisions concerning certificate of forest products validity shall be regulated according to prevailing law and regulations.
(1) Protection of forest products is conducted to avoid forest exploitation redundantly and or illegally.
(2) Protection of forest result as referred to paragraph (1) shall be executed through the activities of guidance, observation and order.
(1) Forest Exploitation and forest area use may only be conducted if it has owned permit from the competent authorities.
(2) Included into the illegal forest exploitation activities are:
(3) Further provisions concerning forest exploitation and forest area use shall be regulated according to the prevailing law and regulations.
(1) To prevent and control forest damage as referred to Article 6 letter a from livestock disturbance, at the production forest area may be specified a location for livestock shepherding.
(2) Stipulating location for livestock shepherding as referred to paragraph (1) shall be conducted by the head of forest management unit.
(3) For the interest of conservation and rehabilitation, of forest, land and water, forest management unit head may close location of livestock shepherding as referred to paragraph (2).
(4) Further provisions on stipulating location for livestock shepherding in the production forest area as referred to paragraph (1), shall be regulated based on Decree of the Minister.
(1) To prevent and control forest damage as referred to Article 6 letter a because of Natural Disaster in the form of :
(2) The efforts to prevent and control forest damage because of nature disaster in the form of volcano eruption, landslide, earthquake, storm, floods and draught shall be executed by:
(3) Further provisions on forest protection from Natural Disaster as referred to paragraph (1) shall be regulated by the Minister.
(1) To prevent and control damage as referred to Article 6 letter a, because of pest and disease, the Government and or local government shall:
(2) Further provisions on forest protection from pest and disease by the Government and/or local Government as referred to paragraph (1), shall be regulated by the Minister.
(1) Forest protection from fire as referred to Article 6 letter a, is to avoid forest damage which is because of:
(2) Human being action as referred to paragraph (1) letter a, among other are:
(3) Natural disaster as referred to paragraph (1) letter b, among other are as an effect of thunder, volcano, natural reaction and or earthquake.
(1) Anybody is prohibited to burn forest.
(2) Exclusion of prohibition to burn forest as referred to paragraph (1) is permitted to be conducted under control for the special purpose or condition that could not be avoided, covering:
(3) Forest burning implementation for the special purpose or condition that could not be avoided as referred to paragraph (2) has to get permit from the competent authorities.
(4) Forest burning for the special purpose or condition that could not be avoided as referred to paragraph (2) shall be further regulated by the Minister.
(1) To prevent and control forest damage that is because of fire as referred to Article 6 letter a, shall be conducted control, covering:
(2) Control activity of forest fire shall be conducted at the level of:
(3) Forest fire control at the national level shall be conducted and become responsibility of the Minister.
(4) Forest fire control at the level of province shall be conducted and become responsibility of the Governor
(5) Forest fire control at the level of regency/city shall be conducted and become responsibility of the Regent/Major.
(6) Forest fire control at the level of forest management unit shall be conducted and become responsibility of the Head of forest management unit.
(1) At the national level, the Minister shall specify the program of Forest fire control at the national level.
(2) At the province level, the Governor shall specify the program of Forest fire control at the province level.
(3) At the regency/city level, the Regent/Major shall specify the program of forest fire control plan.
(4) At the forest management unit level, the Head of forest management unit shall specify a plan of forest Fire control.
(1) In carrying out forest fire control, the Government shall establish an institution of forest fire control at the central, province, regency and unit levels of forest management unit level.
(2) The institution of forest fire control as referred to paragraph (1) shall be referred to as forest fire control brigade.
(3) Forest fire control brigade as referred to paragraph (2), shall have the tasks to arrange and execute the forest fire control programs.
(4) Coordination and working relation of forest fire control brigade shall be regulated based on Decree of the Minister.
(1) In order to prevent forest fire as referred to Article 20 paragraph (1) letter a, shall be conducted by activities:
(2) Further provisions on forest fire prevention activity as referred to paragraph (1) shall be regulated by the Minister.
(1) In the frame of forest fire extinguishing as referred to Article 20 paragraph (1) letter b, then each permit holder of forest exploitation, forest area use, the owner of forest concession rights and or the head of forest management unit, are obliged to take extinguishing action by:
(2) The permit holder of forest exploitation, forest area use, forest concession right owner or the head of forest management unit shall conduct:
(3) Pursuant to the report as referred to paragraph (2) letter b, the Regent/Major shall:
(4) Pursuant to the information and report as referred to paragraph (3), The Governor shall:
(5) Pursuant to the information and report as referred to paragraph (3) and paragraph (4), the Minister shall:
(6) In the frame of coordination and mobilization as referred to paragraph (5) letter b, the Minister shall establish Operational Control Center for Forest Fire.
Coordination and working relations of fire extinguishing as referred to Article 24 shall be regulated based on the Decree of the Minister.
To control wide-spreading forest fire and to accelerate fire extinguishing, anybody residing in and around the forest is obliged to:
In order to handle post forest fire as referred to Article 20 paragraph (1) letter c, shall be conducted the activities covering:
(1) Head of forest management unit, permit holder of forest exploitation, permit holder of forest area use or the owner of forest concession rights shall conduct identification and evaluation as referred to Article 27 letter a.
(2) The identification and evaluation as meant at paragraph (1), in the form of:
(3) Further provisions concerning identification and evaluation as referred to paragraph (2), shall be regulated by the Minister.
(1) Pursuant to the activity results as referred to Article 28 paragraph (2), shall be conducted a rehabilitation.
(2) The rehabilitation shall be conducted by the Head of forest management unit, permit holder of forest exploitation, permit holder of forest area use, or the owner of forest concession rights.
(3) The rehabilitation activity shall be regulated in a separated Government Regulation.
(1) Forest exploitation permit holder, forest concession rights owner or forest area use permit holder shall be responsible for the occurrence of forest fire at its working area.
(2) The responsibility as referred to paragraph (1) covers:
Law enforcement toward criminal action of forest fire shall be executed according to the prevailing law and regulations.
(1) To guarantee its well organizing of forest protection, then to certain forestry functionary according to its working characteristics is given a special police authority in its field.
(2) The certain forestry functionary having special police authority as referred to paragraph (1) covers:
(1) To be appointed as a Forestry police , somebody has to fulfill certain conditions.
(2) Conditions and procedures of appointment as referred to paragraph (1) shall be further regulated by the Minister.
(1) For implementation of forestry police duty, it shall be specified standard of personnel organizational structure and standard of Forestry police equipments.
(2) Standard of personnel organizational structure and standard of Forestry police equipment as referred to paragraph (1) shall be further regulated by the Minister.
In order to perform its duty according to Forest protection principles as referred to Article 6, forestry police has the authority to execute its duty in its jurisdiction.
(1) The authority of Forestry police as referred to Article 32 shall cover the activities and actions of special police in the field of forestry having the characteristics of preventive, administration action and repressive operation.
(2) The authority as referred to paragraph (1) shall cover:
(3) Forestry police upon the command of the authoritative leader is entitled to conduct investigation, and to arrest the suspected.
Forestry police who has met the requirements may be appointed to be Investigating Officer of forestry civil servant.
(1) Investigating Officer of Forestry Civil Servant is a civil servant in the scope of Central and Regional Forestry Institution, who is based on and on the power of law has special authority as an investigator as referred to Law No. 5/1990 on Conservation of Biological Natural Resource and Its Ecosystem and Law No. 41/1999 on Forestry.
(2) Jurisdiction territory or working areas of Investigating Officer of civil servant of Central and Regional Forestry Institution as referred to paragraph (1) according to the region of public administration both in the Central and Regional Level.
(3) Appointment of civil servant of forestry institution to be appointed as an Investigating Officer of civil servant shall be carried out by the Minister or Regent/Major according to status of its officer.
(4) Pursuant to appointment, the Investigating Officer of civil servant as referred to paragraph (3) shall be proposed by the Minister according to prevailing law and regulations to the competent authorities to be appointed as an Investigating Officer of Civil Servant.
(5) Placement of Investigating Officer of civil servant who has been appointed as referred to paragraph (4) shall be specified based on the Decree of the Minister or Governor or Regent according to the status of its officer.
(1) The Investigating Officer of Forestry Civil Servant has the authority to conduct investigation toward crime action and violation as referred to Article 78 Law No. 41/1999 on Forestry.
(2) In the frame of administration of investigation, the Investigating Officer of civil servant in the certain case may directly submit notice to the related agencies and its carbon copies to the investigator of the State Police of the Republic of Indonesia.
(3) Appointment of civil servant of forestry institution to be appointed as an Investigating Officer of civil servant shall be carried out by the Minister or Regent/Major according to status of its officer.
(4) Pursuant to appointment, the Investigating Officer of civil servant as referred to paragraph (3) shall be proposed by the Minister according to prevailing law and regulations to the competent authorities to be appointed as an Investigating Officer of Civil Servant.
(5) Placement of Investigating Officer of civil servant who has been appointed as referred to paragraph (4) shall be specified based on the Decree of the Minister or Governor or Regent according to the status of its officer.
(1) The Investigating Officer of civil servant may conduct detention in coordination and supervision of the Investigator of State Police of The Republic Of Indonesia according to the Civil Law Code (KUHAP).
(2) Detention by the Investigating Officer of civil servant upon the suspected in the field of forestry, must be done at the state detaining house.
(1) Forestry Security Unit shall be formed by the permit holder of forest management rights.
(2) Member of Forestry Security Unit shall be appointed by the forest manager or the permit holder in which its number shall be adjusted with the areas and management intensity or forest exploitation or forest area use business.
(3) The Tasks of Forest Security Unit shall be limited to the physical security of forest areas, which become its responsibility.
(4) The forestry security unit as referred to paragraph (1) in executing its tasks shall be responsible to the companys management and under coordination of t he local forestry institution.
(5) Organization, number, personnel, equipments and operational pattern of Forestry Security Unit shall be further regulated by the Minister.
Anybody impinging the provisions as referred to Article 12 paragraph (2), shall be menaced with imprisonment sentence at the longest 5 (five) years and fine at the most Rp. 10,000,000,000.00- (ten billion Rupiah) as referred to Article 78 paragraph (7) Law No. 41/1999 on Forestry.
Anybody impinging the provisions as referred to Article 14 paragraph (2), shall be menaced with imprisonment sentence at the longest ten (10) years and fine at the most Rp. 5,000,000,000.00- (five billion Rupiah) as referred to Article 78 paragraph (7) Law No. 41/1999 on Forestry.
(1) All forest products which are not completed by certificate of validity of forest products as referred to Article 12 paragraph (2) shall be seized for the state.
(2) Appliances including transporting equipments used to conduct crime action as referred to Article 78 Law No. 41/1999 on Forestry shall be confiscated for the state.
(1) Each deed impinging the law regulated in forestry law, without prejudicing crime sanction, require to the principal of the action to pay the compensation.
(2) The compensation payment as referred to paragraph (1) shall be deposited by the principal to the State Cash.
(3) Compensation money as referred to paragraph (2) shall b e used for the rehabilitation expenses, forest condition recovery or action needed.
(4) Further provisions concerning compensatory management and use as referred to paragraph (2) and paragraph (3) shall be regulated jointly with the Minister and The Minister in charge in the field of finance.
(1) The payment and amount of indemnity by the principal as referred to Article 45 paragraph (1) shall be specified by the Minister.
(2) Stipulating the amount of indemnity which must be paid by the principal as referred to paragraph (1) shall be based on the forest damage level or the generated effect to the State.
(3) Forest damage level or the generated effect to the State as referred to paragraph (2), shall be based on the physical change, physical characteristics, or its biology.
(4) Further provisions on forest damage level or generated effect to the State as referred to paragraph (3) shall be regulated by the Minister.
(1) In order to guarantee its order of forest protection management, The Minister has the authority to conduct guidance, control and supervision toward the Governors policy.
(2) The Governor shall conduct guidance, control and supervision to the Mayor or Regent for the implementation of Forest protection at the surrounding areas.
(1) Guidance as referred to Article 47 paragraph (1) covers providing:
(2) Providing guidance as referred to paragraph (1) letter a shall be directed to the management of Forest protection by local government of province and or regency or town including the responsibility, report and evaluation for accountability of Governor and Regent or Mayor performance.
(3) Providing tuition as referred to paragraph (1) letter b shall be directed to arrange the procedures and administration.
(4) Providing training as referred to paragraph (1) letter c shall be directed to the apparatus resources.
(5) Providing instruction as referred to paragraph (1) letter d shall cover the activity of arranging plan, program and activities having the national characters.
(6) Supervision as referred to paragraph (1) letter e shall be directed to the implementation of activities of forest management delegated or delivered to the Government of province or regency or city.
(1) Control as referred to Article 47 paragraph (1) shall cover the activities of:
(2) Activity of monitoring as referred to paragraph (1) letter a is an activity to get data and information, policy and implementation of forest protection.
(3) Activity of evaluation as referred to paragraph (1) letter b is an activity to assess the success of forest protection implementation periodically.
(4) Activity of follow-up as referred to paragraph (1) letter c is a follow-up of the monitoring and evaluation results in order to complete the policy and implementation of forest protection.
Further provisions on appraising the success of implementation of forest protection periodically as referred to paragraph (3) shall be regulated by the Minister.
(1) Control results conducted by the Governor as referred to Article 47 paragraph (2), shall be followed up by Mayor or Regent.
(2) The Governor and Mayor or Regent shall report the follow-up results of the control operation to the Minister.
Guidance and control as referred to Article 47 up to Article 50 shall be further regulated by the Minister.
Supervision provisions as referred to Article 47 shall be regulated in a separate Government Regulation.
(1) Evidences in a criminal case of forestry shall be kept or collected in a place that is available at the pertinent forestry institution, depository house of state confiscated objects, or wild flora and fauna conservation institution.
(2) Forest products, which are quickly damaged and need high cost for its depository shall immediately be tendered.
(3) Evidence in the form of protected flora and fauna and or those included into the Appendix I CITES could not be auctioned.
(4) All forest products from criminal and violation results and or appliance/equipment including the transport equipment used to commit a crime and or violation shall be confiscated for the State.
(5) Evidence used to commit a crime action shall be auctioned or returned back to the rightful claimant after having a verdict that has had permanent legal force.
(6) Implementation of evidence administration as referred to paragraph (1), and paragraph (2) and paragraph (3) shall be further regulated by the Minister.
(1) Confiscation results which have had permanent legal force as referred to Article 78 paragraph (15) and Article 79 paragraph (1) Law No. 41/1999 on Forestry shall represent the state properties which can be auctioned.
(2) Confiscation results as referred to paragraph (1) in the form of:
All implementation regulations in the field of forest protection which have been existed, as long as thy are not contrary with this government regulation, shall remain be effective up to the issuance of implementation regulation pursuant to this Government Regulation.
At the issuance of this Government Regulation, then the Government Regulation No. 28/1985 on Forest protection (State Gazette of the Indonesia 1985 No. 39, Supplement to the State Gazette No. 32), shall be expressed invalid anymore.
This Government Regulation shall come into force on the enactment date.
For public cognizance, to instruct enactment of this Government Regulation by placing it in the State Gazette of the Republic of Indonesia.
Stipulated In Jakarta
On October 18, 2004
PRESIDENT OF THE REPUBLIC OF INDONESIA
Signed
MEGAWATI SOEKARNO PUTRI
Enacted in Jakarta
On 18 October 2004
STATE SECRETARY OF THE REPUBLIC OF INDONESIA
Signed
BAMBANG KESOWO