to Indonesian
Indonesian Nation is granted by the God Almighty with assets in the form of abundant natural resources, both in land, in waters and in air being basic capital of national development in all sectors. The aforesaid basic capital of natural resources must be protected, maintained, preserved, and utilized optimally for prosperity of Indonesian community in particular and human life quality in general according method that secure the harmony, synchronization, and balance, both between the human being and their God, between human and the community and between human and their ecosystem. Therefore, management of living natural resources and its ecosystem as a part of the aforesaid basic capital is essentially an integral part of the sustainable national development as implementation of Pancasila.
The living natural resources and its ecosystem is the most important part of natural resources that consist of either animals nature, vegetation nature or in the form of natural phenomena, both severally and collectively have functions and utilities as elements that form living environment, the presence of which can not be exchanged. In viewing of its non-exchangeability and having important position and role for the human life, then efforts of conservation of the living natural resources and its ecosystem is an absolute is obligation of every generation. Irresponsible behaviors that may result in damage to the nature reserve area and natural preservation area or any action violating provisions on protection of plants and protected animals, are liable to major punishment in the form of imprisonment and fine. Such a mayor punishment is deemed necessary because destruction and extinction in one of elements of living natural resources and its ecosystem will result in significant losses to the community that can not be valued with materials, whereas its recovery to the original condition is impossible.
Due to its extensiveness and its relation to the community interests in a whole, then the efforts of conservation of the living natural resources and its ecosystem are responsibility and obligation of the Government in a line with the communities. People participation will be directed and driven by the Government through effective and efficient activities. For that purpose, the Government is obliged to improve education and counseling to the communities in the framework of conservation aware.
The success of living natural resources and its ecosystem conservation closely relates to the achievement of three goals of conservation, namely:
1. to secure the maintenance of ecological processes that support the life buffer system for sustainability of development and human welfare (life buffer system protection);
2. to secure the maintenance of genetic source diversity and its types of ecosystem so that able to support the development, sciences, and technologies that allow the fulfillment of the needs of human who use the living natural resources for welfare (germ plasma sources preservation);
3. to control methods of utilization of the living natural resources in order to secure its preservation. Side effects of applying imprudently the science and technology, unharmonious use and allocation of lands and non-attainment of conservation goals optimally, both in land and in waters, may result in genetic erosion symptoms, pollution, and decreased potency of living natural resources (perpetual utilization).
In view of the Republic of Indonesia is a legal state, then management of conservation of the living natural resources and its ecosystem needs for a clear, definitive, and comprehensive legal basis in order to assure legal certainty for the aforesaid management efforts.
Presently, the fact shows that the statutory regulations that regulate nationally conservation of the living natural resources and its ecosystem are not existent.
Statutory regulations inherited by the colonial government, that are various, are not in compliance anymore with the legal development rate and the need of Indonesian nation.
Changes relating to government aspects, development of population, science, and demand for development success are now requiring statutory regulations in the field of conservation of the living natural resources and its ecosystem that is national in nature in accordance with aspiration of the Indonesian nation.
The efforts of perpetual utilization as one of aspects of living natural resources and its ecosystem conservation, have not been developed in accordance with the need. Similarly, management of natural preservation areas in the form of national park, forest primeval park, and natural tourism park, that integrates functions of life buffer system protection, preservation of plant and animal species diversity and its ecosystem and perpetual utilization.
The statutory regulations that are national in nature that related to the conservation of living natural resources and its ecosystem such as Law Number 5 of 1967 on Basic Provisions of Forestry, Law Number 4 of 1982 on Basic Provisions of Living Environment Management, Law Number 20 of 1982 on Basic Provisions of State Security Defense of the Republic of Indonesia as amended by Law Number 1 of 1988, and Law Number 9 of 1985 on Fishery are not already regulating completely and cannot be used fully as legal basis for regulating further.
Law on conservation of living natural resources and its ecosystem that is national and comprehensive in nature is highly needed as legal basis for regulating protection of life buffer system, preservation of plant and animal species diversity ant its ecosystem, and perpetual utilization of the living natural resources and its ecosystem in order to be able to secure its utilities for the community welfare and improvement of human living quality.
This law contains main provisions and cover all aspects in the conservation of the living natural resources and its ecosystem sector, whereas its implementation is regulated by Government Regulations.
Number 1
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Number 3
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Number 4
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Number 5
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Number 6
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Number 7
Fishes and livestock do not fall within definition of wild animals, but within definition of animal.
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Number 9
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Number 10
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Number 14
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Number 15
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Number 16
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Principally, all natural resources including the living natural resources must be utilized for prosperity of the communities and human beings in accordance with their ability and function.
However, its utilization must be in such a way in accordance with this law so that can occur perpetually for now and future. The utilization and preservation as set-forth above must be implemented in harmony and balance as realization of the conservation of the living natural resources and its ecosystem principles.
The living natural resources are ecosystem elements that can be utilized to improve prosperity of the communities and living quality of human being. However, ecosystem balance must remain be secured.
In view of the importance of conservation of the living natural resources and its ecosystem for improvement of community welfare and living quality of human being, then the communities must have obligation and responsibility in conservation activities.
Conservation of the living natural resources and its ecosystem is conducted through three activities.
Life is a system that consists of processes inter-relating and affecting each others, in which if cut off will affect the life. In order that the human not faced to foreseeable changes that will affect ability of utilizing the living natural resources, then the ecological process that contains the life needs to be maintained and protected.
This life buffer system protection includes efforts and actions that relate to protection of water spring, cliffs, river banks, lakes, and precipices, maintenance of forest hydrology functions, coast protection, watershed management, protection of natural uniqueness and beauty, and others.
Living natural resources and its ecosystem consist of biotic and abiotic elements (both physic and non-physic).
All of these elements interrelate affect each others. Extinction of one of the elements can not be replaced wit other elements. Conservation efforts and actions to secure species diversity include maintaining that these elements do not extinct in order that each of the elements can function in the nature and always ready for utilization anytime for human welfare.
Preservation of plant and animal species can be conducted either inside the area (in-situ conservation) or outside the area (ex-situ conservation).
Efforts of perpetual utilization of living natural resources and its ecosystem are essentially an effort of controlling/limitation in utilizing the living natural resources and its ecosystem so that such utilization can be conducted continuously in the future.
Biotic elements are living creatures consisting of human being, plants, animals, and microorganisms. Abiotic elements consist of sun ray, water, air, and soil.
Relation between biotic elements and abiotic elements must take place in a balanced condition as a life buffer system and therefore, need to be protected.
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The life buffer system protection is conducted by means of determining a certain area as the protection area. In order to regulate it, the Government set up the basic pattern of fostering of the area utilization so that its protection and preservation function is guaranteed.
Protection area of this life buffer system includes, among others, protected forest, watershed, river bank area, costal area, certain parts of Indonesian exclusive economic zone, tidal area, precipices, and serious polluted are.
Utilization of the area remain on the subject that is authorized, but must comply with provisions as stipulated by the Government.
In determining a certain area as life buffer system area, investigation and inventory need to be conducted, to both the areas that have been and will be determined.
In this Government Regulation, harmony between the right holder interest and the life buffer system protection interests need to be taken into consideration.
Concession right in the water means a right given by the Government to utilize natural resources in the waters, both those who are extractive and non-extractive, not the concession right on the water area.
Waters means Indonesian waters including hinterland (rivers, lakes, reservoirs, marshes, and other water puddles), Indonesian territorial sea, and Indonesia exclusive economic zone.
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Definition of disciplinary action to utilization and management of land and concession right in waters include revocation of land rights and concession right in waters whose implementation is compliant to the prevailing statutory regulations.
In case such disciplinary action is in the form of revocation of land rights, then the right holder is given with compensation in accordance with the prevailing statutory regulations.
Life buffer system area that experiences damages from natural disasters such as soil slide, erosion, fire, and earthquake, or due to improper utilization and due to other causes need to be rehabilitated immediately in order to be able to function appropriately. This rehabilitation needs to involve the communities, particularly those who are entitled to that area.
Preservation here means an effort of maintaining that the plant and animal species diversity and its ecosystem are not extinct.
Preservation outside the area includes arrangement on limitation of actions that can be taken to the plants and animals as provided for in Articles 20 through 25 of this Law.
Arrangement outside the area is in the form of plant and animal species preservation. Preservation inside the area is conducted in the form of natural reserve area and core zone of national park.
Efforts of plant and animal diversity preservation in the form of natural reserve area that by its main function is a preservation of plant and animal diversity and its ecosystem, then integrity and genuineness of the natural reserve area need to be maintained from disturbances to allow its process running naturally.
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Natural reserve area management is an obligation of the Government as consequence of concession by the state of natural resources as meant in Article 33 of the 1945 Constitution
Buffer area means an area located outside the natural reserve area, both as other forest area, free state land and land that are burdened with necessary rights and able to maintain integrity of the natural reserve area.
Management of buffer area remains lies on the entitled party, whereas the management methods must follow provisions as specified in the Government Regulations.
The cultivation supporting function can be conducted in the form of use of germ plasma available in the relevant nature preserve for purpose of species fortification and breeding. Germ plasma is elements of gene that determine eternal characteristics of a species.
Limited tourism means an activity of visiting, seeing, and enjoying natural beauty in the wild-life reserve on certain conditions.
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The biosphere preserve is aimed as a place for research, science, and education activities, and to observe and evaluate changes occurring in relevant area. With determination of a natural reserve area and other certain areas as biosphere preserve, then the relevant area becomes a part of international conservation network.
However, authority to determine research, science, and education activities, to observe and evaluate changes in the biosphere preserve is fully lies on the Government.
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Change in the integrity of nature reserve is to destroy integrity of the area and its ecosystem, hunting animals in the area, and entering non genuine species.
Animal habitat establishment means activities conducted in the area with a purpose that the animals can live and develop naturally. Examples of that activity are, among others, creation of savanna for animal foods, making of drinking water facility, and so on.
Non genuine species of animals and plants means plant species and animal species that are not existent within the area.
In order to preserve species, then types of protected plants and animals are determined.
Types of protected plants and animals are purposed to protect the plant and animal species in order that the plant and animal species do not experience extinction.
This stipulation can be amended at any time depending on its importance that is determined by the extinction danger level that threatens the relevant species.
Plant and animal species in extinction danger include plant and animal species in nearly extinct danger and leading to extinction. Endemic plants and animals are plants and animals whose distribution is limited, whereas the species in extinction danger are due to their population is very small and having very low propagation rate, due to both habitat and its ecosystem.
Species of plants and animals whose population is small so that their propagation is very difficult.
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Salvage of relevant plant and animal species is an effort of saving that must be conducted is in certain conditions the life of a plant and animal is in danger if remain in its habitat in the form of breeding and medication, both in home country and abroad.
The giving or exchange of plant and animal species to other parties abroad means for purpose of exchange among institutions engaging in conservation of plants and animals and gift from the Government.
Endanger here means not only endangering human life but also resulting in disturbance or unrest to the living peace of human being, or material losses such as damaged land or plants or agricultural outcomes.
The Government Regulation provides, among others, how to overcome dangers, how to catch alive, drive and move the relevant animals, whereas destruction is conducted only when other methods are found giving no effective results.
If necessary means for collection of plants and animals for zoos, safari park, and for fortification of plant and animal species.
Importation of wild plant and animal species into the Republic of Indonesia needs to be regulated in order to prevent genetic pollution from occurring and to maintain establishment of the existing ecosystem, for optimal utilization for Indonesian nation.
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Being confiscated for the state means that in addition to being confiscated in accordance with provision as meant in Law Number 8 of 1981 on Criminal Procedure Law, also giving authority to official designated by the Government to control and save plants and animals before court process is conducted.
The protected plants and animals must be maintained within their habitat. Therefore, the confiscated plants and animals must be returned to their habitat. If returning to their habitat is impracticable because of unable to adapt with their habitat and/or to be used as evidence in the courts, then the aforesaid plants and animals is delivered or deposited to an institution engaging in plant and animal conservation.
If their condition does not permit due to damaged, defect, and impossible to live, better destroyed.
Institution meant in this paragraph can be a government institution and non government institution, such as zoos, botanic garden, biology museum, herbarium, safari park and so on that are appointed and stipulated by the Government.
See elucidation of Article 24 paragraph (2).
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Environmental condition means potency of the area in the form of ecosystem, climate condition, natural phenomena, uniqueness of plant and animal species, and cultural inheritance in the area.
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National park area, forest primeval park, and natural tourism park include land and water areas.
See elucidation of Article 16 paragraph (2).
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Core zone means a part of a national park area that is absolutely protected and no changes by human activities are allowed.
Utilization zone means a part of a national park area that is used as recreation center and tourism visit.
Other zones mean zones outside the both zones because its function and condition is determined as certain zone such as jungle zone, traditional utilization zone, rehabilitation zone, and so on.
See elucidation of Article 19 paragraph (1).
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Basically, natural preservation area management is an obligation of the Government as consequence of its use of natural resources as meant in Article 33 of the 1945 Constitution.
In implementation of management activity of the utilization zone of national park, forest primeval park, and natural tourism park, the Government may grant a concession right to cooperatives, state owned enterprises, private companies and individuals.
In implementation of management activity of the utilization zone of national park, forest primeval park, and natural tourism park, the Government may grant a concession right to cooperatives, state owned enterprises, private companies and individuals.
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Involving the people here means giving opportunity to the surrounding people to participate in business in that area.
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In certain condition and in urgency means a situation that occurs in the natural preservation area due to natural disasters (volcano eruption, poisonous gas emission, fire hazard), and damages resulting from continuous use that may endanger visitors or the life of plants and animals.
The utilization of wild plant and animal species must be conducted by maintaining balance of the population and their habitat.
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People participation can be in the form of individuals and community group both organized and not. To allow the people participate actively in the living natural resource and its ecosystem conservation activities, then through counseling activities, the Government needs to direct and encourage the people by involving community groups.
In effort of growing and improving conservation awareness among people, then it is necessary to plant understanding and motivation on conservation since early through school and extra-school educational channels.
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In addition to be able to transfer a part of duties in the field of living natural resources and its ecosystem conservation to the Local Government, the Central Government can also assigns the 1st Level Region Government to implement such duties as assistance duty.
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Based on Natural Protection Ordinance of 1941 Stbl. 1941 Number 167 (Natuurbeschermingsordonnantie 1941 Staatsblad 1941 Nummer 167) and Law Number 5 of 1967 on Basic Provisions of Foorestry, nature reserve forests and tourism parks have been determined.
With enactment of this Law, the nature reserve forests and tourism parks are deemed have been stipulated as natural reserve area and natural tourism park.
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