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LAW OF THE REPUBLIC OF INDONESIA
No. 5/1990

CONCERNING
CONSERVATION OF THE LIVING NATURAL RESOURCES AND ITS ECOSYSTEM

BY THE GRACE OF GOD THE ALMIGHTY
PRESIDENT OF THE REPUBLIC OF INDONESIA,

Elucidatin

Considering:

• a. that the Indonesian living natural resources and its ecosystem that have important position and play important roles for the life is a gift of God the Almighty, therefore, they shall be managed and utilized in perpetual, harmonious, consistent and well-balanced manners for welfare of Indonesian community in particular and human beings in general, both presently and in future;
• b. that the development of living natural resources and its ecosystem is essentially an integral part of the national sustainable development as an materialization of the Pancasila;
• c. that elements of the living natural resources and its ecosystem is basically dependent each others and affecting each others so that the damage to and extinction of one element will result in disturbance to the ecosystem;
• d. that in order to maintain that the utilization of the living natural resources can best occur, conservation steps are required so that the living natural resources and its ecosystem are always well-maintained and able to realize the balance and attach to the development itself;
• e. that the existing and the prevailing statutory regulation is legal product of the colonial administration that is partial in nature, so that needs to be revoked for not in compliance anymore with the legal development and the national interest;
• f. that the existing national produced statutory regulations are not yet accommodating and regulating comprehensively with regard to conservation of the living natural resources and its ecosystem;
• g. that in relation with the aforesaid matters, it is deemed necessary to stipulate a provision concerning conservation of the living natural resources and its ecosystem in a Law;

In view of:

• 1. Article 5 paragraph (1), Article 20 paragraph (1), and Article 33 of the 1945 Constitution;
• 2. Law Number 5 of 1967 on Basic Provisions of Forestry (Statute Book of 1967 Number 8, Supplement to Statute Book Number 2823);
• 3. Law Number 4 of 1982 on Basic Provisions of Living Environment Management (Statute Book of 1982 Number 12, Supplement to Statute Book Number 3215);
• 4. Law Number 20 of 1982 on Basic Provisions of State Security Defence of the Republic of Indonesia (Statute Book of 1982 Number 51, Supplement to Statute Book Number 3234) as amended by Law Number 1 of 1988 (Statute Book of 1988 Number 3, Supplement to Statute Book Number 3368);
• 5. Law Number 9 of 1985 on Fishery (Statute Book of 1985 Number 46, Supplement to Statute Book Number 3299);

With the approval of
THE HOUSE OF PEOPLE'S REPRESENTATIVES

DECIDES:

To stipulate:

LAW OF THE REPUBLIC OF INDONESIA ON CONSERVATION OF THE LIVING NATURAL RESOURCES AND ITS ECOSYSTEM.

CHAPTER I
GENERAL PROVISIONS

Article 1

Referred to in this Law as:

• 1. The living natural resources are the living elements in the nature that consist of plant natural resources and animal natural resources that, together with non-living elements around them, in a whole form ecosystem.
• 2. Living natural resources conservation is a management of the living natural resources the utilization of which is conducted sensibly in order to guarantee continuity of its stock by remain maintaining and improving its diversity and value quality.
• 3. Living natural resources ecosystem is a reciprocal relation system among elements in the nature, both living and non-living, that are dependent and influencing each others.
• 4. Plants are all kinds of plant natural resources, both those that live on land and in the water.
• 5. Animals are all kinds of animal natural resources that live on land and/or in the water, and/or in the air.
• 6. Wild plants are plants living in the wildlife and/or cultivated, that are having their purity of genre.
• 7. Wild animals are all animals that live on land, and/or in the water, and/or in the air that are having wild characteristics, both that live freely and that are raised by human.
• 8. Habitat is the environment where a plant and animal can live and develop naturally.
• 9. Nature reserve zone is a zone with certain uniqueness, both on land and in the water that serves main function as area for preservation of plant and animal diversity and its ecosystem that also functions as an area of life buffer system.
• 10. Nature preserve (Cagar Alam) is a nature reserve zone that by its natural condition has uniqueness of plants, animals, and its ecosystem or certain ecosystems that need to be protected and whose development occurs naturally.
• 11. Wildlife reserve (Suaka Margasatwa) is a nature reserve zone that has unique characteristic in the form of diversity and/or uniqueness of animal type whose habitat, for its survival, can be enhanced.
• 12. Biosphere reserve is an area that consists of original ecosystem, unique ecosystem, and/or ecosystem that has experienced degradation whose entire natural elements are protected and conservation for the interest of research and education.
• 13. Natural conservation zone a zone with certain uniqueness, both on land and in the water that serves a function as a protection of life buffer system, preservation of type diversity of plants and animals, and perpetually utilization of the living natural resources and its ecosystem.
• 14. National park is a natural conservation zone that has original ecosystem, managed with zoning system that is utilized for research, science, education, cultivation support, tourism, and recreation purposes.
• 15. Forest primeval park is a natural conservation zone for the purpose of collection of plants and/or animals that are natural or artificial, pure type and or non pure type, that are utilized for research, science, education, cultivation support, tourism, and recreation purposes.
• 16. Natural tourism park is a natural conservation zone that is mainly utilized for tourism and nature recreation.

Article 2

Conservation of the living natural resources and its ecosystem is based on preservation of ability and usefulness of the living natural resources in its ecosystem in harmonious and well-balanced manners.

Article 3

Conservation of the living natural resources and its ecosystem is purposed to endeavour the realization of conservation of the living natural resources and balance of its ecosystem in order to support better the efforts of improving the community welfare and human living quality.

Article 4

Conservation of the living natural resources and its ecosystem is responsibility and obligation of the Government and the community.

Article 5

Conservation of the living natural resources and its ecosystem is conducted through the following activities:

• a. the life buffer system protection;
• b. preservation of type diversity of plants and animals together with its ecosystem;
• c. perpetually utilization of living natural resources and its ecosystem.

CHAPTER II
THE LIFE BUFFER SYSTEM PROTECTION

Article 6

Life buffer system is a natural process of various living and non living elements that secure the survival of creatures.

Article 7

The life buffer system protection is aimed at the maintained ecological process that supports the survival in order to improve the community welfare and the human life quality.

Article 8

(1) In order to realize the objective as contemplated in Article 7, the Government determines:

• a. certain areas as the life buffer system protection areas;
• b. basic patterns of development of the life buffer system protection areas;
• c. arrangement of how to utilize the life buffer system protection areas.

(2) Further provisions as contemplated in paragraph (1) are regulated by the Government Regulation.

Article 9

(1) Every holder of land right and concession right in the water within the life buffer system area is obliged to maintain continuation of protection function of such an area.

(2) In order to implement the life buffer system protection, the Government regulates and conduct discipline action t the users and managers of land and concession right in the waters that are located within the life buffer system protection areas as contemplated in Article 8.

(3) Discipline action as contemplated in paragraph (2) is implemented in accordance with the prevailing statutory regulations.

Article 10

The life buffer system area that is damaged naturally and/or as a result of its utilization and from other causes shall be followed with rehabilitation efforts in well-planned and continuous manner.

CHAPTER III
PRESERVATION OF TYPE DIVERSITY OF PLANTS AND ANIMALS TOGETHER WITH ITS ECOSYSTEM

Article 11

Preservation of type diversity of plants and animals together with its ecosystem, is conducted through the following activities:

• a. preservation of plant and animal diversity together with its ecosystem;
• b. preservation of plant and animal species.

Article 12

Preservation of plant and animal diversity together with its ecosystem, is conducted by maintaining integrity of the nature reserve zone in its original condition.

Article 13

(1) Preservation of plant and animal species is conducted within and outside the nature reserve zone.

(2) Preservation of plant and animal species within the nature reserve zone is conducted by allowing the population of all kinds of plants and animals remain balanced by the natural process in their habitat.

(3) Preservation of plant and animal species outside the nature reserve zone is conducted by maintaining and proliferating the plant and animal species to avoid extinction danger.

CHAPTER IV
NATURE RESERVE ZONE

Article 14

Nature reserve zone as contemplated in Article 12 consists of:

• a. nature preserve (cagar alam);
• b. wildlife reserve (suaka margasatwa).

Article 15

The nature reserve zone, addition to having main functions as preservation area of plant and animal diversity together with its ecosystem, also functions as a life buffer system protection area as contemplated in Article 8 paragraph (1).

Article 16

(1) The nature reserve zone management is conducted by the Government as an effort of preserving plant and animal diversity together with its ecosystem.

Further provisions that are required for determination and utilization of an area as a nature reserve zone and determination of areas that adjacent to it as buffer area is regulated by Government Regulation.

Article 17

(1) In the mature preserve (cagar alam), activities for research and development, science, education purposes, and other activities that support cultivation can be conducted.

(2) In the wildlife reserve (suaka margasatwa), activities for research and development, science, education purposes, and other activities that support cultivation can be conducted.

(3) Further provisions as contemplated in paragraphs (1) and (2) are regulated by Government Regulation.

Article 18

(1) In the framework of international conservation cooperation, particularly in activities as contemplated in Article 17, the nature reserve zone and other certain zones can be determined as biosphere reserves.

(2) Determination of a nature reserve zone and other certain zones as biosphere reserves is regulated further by Government Regulation.

Article 19

(1) Anyone is prohibited to conduct activity that may result in change to the integrity of nature reserve zone.

(2) Provision as contemplated in paragraph ( 1) includes activities of Habitat establishment for the interest of animals in the wildlife reserve.

(3) Change to need of nature reserve zone as contemplated in paragraph (1) includes reducing, eliminating function and extent of the nature reserve zone, and increasing other plant and animal species that are non-original.

CHAPTER V
PRESERVATION OF PLANT AND ANIMAL SPECIES

Article 20

(1) Plants and animals are classified into the following types:

• a. protected plants and animals;
• b. unprotected plants and animals.

(2) The protected plant and animal species as contemplated in paragraph (1) are categorized into:

• a. plants and animals in extinction danger;
• b. plants and animals whose population is rare.

(3) Further provisions as contemplated in paragraph (2) are regulated by Government Regulation.

Article 21

(1) Anyone is prohibited to:

• a. take, cut, possess, damage, abolish, nurture, transport, and trade-in any protected plant or its parts either in living or dead condition;
• b. take out any protected plant or its parts either in living or dead condition from a place in Indonesia to other places inside or outside Indonesia.

(2) Anyone is prohibited to:

• a. catch, injure, kill, store, possess, nurture, transport, and trade-in protected animals in alive condition;
• b. store, possess, nurture, transport, and trade-in protected animals in dead condition;
• c. take out any protected animals from a place in Indonesia to other places inside or outside Indonesia;
• d. trade-in, store or possess leather, body or other parts of protected animals or goods made of parts of the animals or take the out from a place in Indonesia to other places inside or outside Indonesia;
• e. take, damage, abolish, trade-in, store or possess eggs and/or nests of protected animals.

Article 22

(1) Exception from prohibition as contemplated in Article 21 can only be made for purpose of research, science, and/or salvage of relevant plant and animal species.

(2) Included in the salvage as contemplated in paragraph (1) is the giving or exchange of plant and animal species to other parties abroad with Permit of the Government.

(3) Exception from prohibition to catch, injure, and kill protected animals can also be made in case, for a reason, the protected animal endanger the human life.

(4) Further provisions as contemplated in paragraph (1), paragraph (2), and paragraph (3) are regulated by Government Regulation.

Article 23

(1) If necessary, entrance of wild plants and wild animals from abroad into the territory of the Republic of Indonesia can be conducted.

(2) Further provisions as contemplated in paragraph (1) are regulated by Government Regulation.

Article 24

(1) In the event of any violation to the prohibitions as contemplated in Article 21, the plant and animal can be confiscated for the state.

(2) The protected plant and animal species or their parts that are confiscated for the state shall be returned to their habitat or surrendered to institutions that engage in plant and animal conservation, unless their condition is impossible to be utilized so that deemed advisable to be abolished.

Article 25

(1) Supervision of the protected plant and animal species can only be conducted in the form of maintenance or development by institutions that are established for that purpose.

(2) Further provisions as contemplated in paragraph (1) are regulated by Government Regulation.

CHAPTER VI
PERPETUALLY UTILIZATION OF LIVING NATURAL RESOURCES AND ITS ECOSYSTEM

Article 26

Perpetually utilization of the living natural resources and its ecosystem is conducted through the following activities:

• a. utilization of natural conservation zone environmental condition;
• b. utilization of wild plant and wild animal species.

Article 27

Utilization of natural conservation zone environmental condition is conducted by maintaining preservation of area function.

Article 28

Utilization of wild plant and wild animal species is conducted by taking into consideration the survival of potency, supporting power, and wild plant and animal species diversity.

CHAPTER VII
NATURAL CONSERVATION ZONE

Article 29

(1) Natural conservation zone as contemplated in Article 1 point 13 consists of:

• a. national park;
• b. forest primeval park;
• c. natural tourism park.

(2) Further provisions concerning determination of an area as natural conservation zone and determination of areas adjacent to it as buffer area are regulated by Government Regulation.

Article 30

Natural conservation zone has a function of life buffer system protection, preservation of type diversity of plants and animals, and perpetually utilization of the living natural resources and its ecosystem.

Article 31

(1) In the national park, forest primeval park, and natural tourism park, activities for the interest of research, science, education, cultivation support, culture, and natural tourism activities can be conducted.

(2) Activities as contemplated in paragraph (1) must be conducted without prejudice to the main functions of each zone.

Article 32

The national park zone is managed with zoning system consisting of core zone, utilization zone, and other zones in accordance with the need.

Article 33

(1) Anyone is prohibited to conduct activities that may result in change of integrity of core zone of the national park.

(2) Change of integrity of core zone of the national park as contemplated in paragraph (1) includes reducing, eliminating function and extent are of the core zone of national park, and increasing other plant and animal species that are not original.

(3) Anyone is prohibited to conduct activities that are not in conformity with function of the utilization zone and other zones of national park, forest primeval park, and natural tourism park.

Article 34

(1) Management of national park, forest primeval park, and natural tourism park is conducted by the Government.

(2) In the national park utilization zone, forest primeval park, and natural tourism park, tourism facilities can be built based on the management plan.

(3) For tourism and recreation activities, the Government may give concession right on the utilization zone of national park, the forest primeval park, and the natural tourism park by involving the people.

(4) Further provisions as contemplated in paragraph (1), paragraph (2),and paragraph (3) are regulated by Government Regulation.

Article 35

In certain condition and in urgency for maintaining or recovering the perpetuity of living natural resources together with its ecosystem, the Government may stop the utilization activity and close the national park, forest primeval park, and natural tourism park either partially or entirely for a certain period.

CHAPTER VIII
UTILIZATION OF WILD PLANT AND ANIMAL SPECIES

Article 36

(1) Utilization of wild plant and animal species can be conducted in the forms of:

• a. study, research and development;
• b. breeding;
• c. hunting;
• d. trading-in;
• e. demonstration;
• f. exchange;
• g. drug herb cultivation;
• h. rearing for hobby.

(2) Further provisions as contemplated in paragraph (1) are regulated by Government Regulation.

CHAPTER IX
PEOPLE PARTICIPATION

Article 37

(1) People participation in conservation of the living natural resources and its ecosystem is directed and motivated by the Government through various effective ad efficient activities.

(2) In developing the people participation as contemplated in paragraph (1), the Government grows and improve awareness in conservation of the living natural resources and its ecosystem among the people through education and counselling.

(3) Further provisions as contemplated in paragraph (1) and paragraph (2) are regulated by Government Regulation.

CHAPTER X
DELEGATION OF AFFAIRS AND ASSISTING TASKS

Article 38

(1) In the framework of implementation of conservation of the living natural resources and its ecosystem, the Government may delegate a part of affairs in that sector to the Local Governments as contemplated in Law Number 5 of 1974 on Fundamentals of Administration in Regions.

(2) Further provisions as contemplated in paragraph (1) are regulated by Government Regulation.

CHAPTER XI
INVESTIGATION

Article 39

(1) In addition to Investigator of the National Police of the Republic of Indonesia, Certain Civil Servant officers under auspice of departments whose scope of duty and responsibility covers development of conservation of the living natural resources and its ecosystem, are given with special authority as investigator as contemplated in Law Number 8 of 1981 on Criminal Procedural Law, to conduct investigation on offences in the field of conservation of the living natural resources and its ecosystem.

(2) Authority of the investigator as contemplated in paragraph (1), shall not reduce authorities of the investigator as regulated in Law Number 5 of 1983 on Indonesia Exclusive Economic Zone and Law Number 9 of 1985 on Fishery.

(3) Investigators as contemplated in paragraph (1), are authorized to:

• a. verify the correctness of reports or information regarding with criminal offences in the field of conservation of the living natural resources and its ecosystem;
• b. investigate the person who is alleged committing in criminal offence in the field of conservation of the living natural resources and its ecosystem;
• c. check identity of someone who is being in the nature reserve zone and natural conservation zone;
• d. conduct searching and seizure of evidences of the offence in the field of conservation of the living natural resources and its ecosystem;
• e. ask for information and evidences from persons or entities in relation to the offence in the field of conservation of the living natural resources and its ecosystem;
• f. make and sign the minutes;
• g. stop investigation in the event there are no adequate evidences of offence in the field of conservation of the living natural resources and its ecosystem.

(4) The investigator as contemplated in paragraph (1) shall inform the investigation commencement and report the results of their investigation to the Public Prosecutor through Investigator of the National Police of the Republic of Indonesia in accordance with provisions in Article 107 of Law Number 8 of 1981 on Criminal Procedural Law.

CHAPTER XII
CRIMINAL PROVISIONS

Article 40

(1) Anyone who purposely commits in violation of provisions as contemplated in Article 19 paragraph (1) and Article 33 paragraph (1) shall be subjected to imprisonment of maximum 10 (ten) years and fine of maximum Rp 200.000.000,00 (two hundred million rupiah).

(2) Anyone who purposely commits in violation of provisions as contemplated in Article 21 paragraph (1) and paragraph (2) and Article 33 paragraph (3) shall be subjected to imprisonment of maximum 5 (lima) years and fine of maximum Rp 100.000.000,00(one hundred million rupiah).

(3) Anyone who due to his/her negligence breaches any of the provisions as contemplated in Article 19 paragraph (1) and Article 32 paragraph (1) shall be subjected to imprisonment of maximum 1 (one) year and fine of maximum Rp. 100.000.000,00 (one hundred million rupiah).

(4) Anyone who due to his/her negligence breaches any of the provisions as contemplated in Article 21 paragraph (1) and paragraph (2) and Article 33 paragraph (3) shall be subjected to imprisonment of maximum 1 (one) year and fine of maximum Rp 50.000.000,00 (fifty million rupiah).

(5) Criminal offences as contemplated in paragraphs (1) and (2) are crimes and criminal offences as contemplated in paragraph (2) and paragraph (4) are violation.

CHAPTER XIII
TRANSITIONAL REGULATIONS

Article 41

Nature reserve forests and tourism park s which have been designated and stipulated based on the prevailing statutory regulations before this Law takes effects shall be deemed has been stipulated as nature reserve zone and natural tourism park under this Law.

Article 42

All implementing regulations of statutory regulations in the field of conservation of the living natural resources and its ecosystem that have been in operation as long as not contradict to this Law shall remain be effective until issuance of new implementing regulation under this Law.

CHAPTER XIV
CLOSING PROVISION

Article 43

Upon coming into force of this Law, then:

• 1. Ordinance of Hunting (Jachtordonnantie 1931 Staatsblad 1931 Nummer 133);
• 2. Ordinance of Wild Animals Protection (Dierenbeschermingsordonnantie 1931 Staatsblad 1931 Nummer 134);
• 3. Ordinance of Java and Madura Hunting (Jachtcrdonnantie Java en Madoera 1940 Staatsblad 1939 Nummer 733);
• 4. Ordinance of Nature Protection (Natuurbeschermingsordonnantie 1941 Staatsblad 1941 Nummer 167);

are declared null and void.

Article 44

This law can be referred to as Law of Living Conservation (Undang-undang Konservasi Hayati).

Article 45

This Law shall come into force as of the date of promulgation.

For public cognizance, this Law shall be promulgated by placing it in the Statute Book of the Republic of Indonesia.

Ratified in Jakarta
on August 10, 1990

PRESIDENT OF THE REPUBLIC OF INDONESI
Sgd
SOEHARTO

Promulgated in Jakarta
on August 10, 1990

MINISTER/SECRETARY FOR THE STATE OF THE REPUBLIC OF INDONESIA,
Sgd
MOERDIONO

Elucidatin on Law of the Republic of Indonesia
Number 5 of 1990 (No. 5/1990)