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GENERAL PATIERN, CRITERIA, ANDSTANDARD OF FORETS REHABILITATION AND RECLAMATION (Regulation of RI Minister No. 39/MENHUT-II/2010, dated August 11, 2010)

WITH THE BLESSING OFTHE ONE AND ONLY GOD 2. Law No. 32 Year 2004 (BN No. 7152 pgs 9B-18B etc)

FORESTRY MINISTER OFTHE REPUBliC OF INDONESIA, concerning Regional Government (State Gazette of the

Republic of Indonesia Year 2004 No. 125, Supplement

Considering: to State Gazette of the KepubHc ofIndonesia No. 4437)

That in order to exercise provisions of Article 7 of having been amended several times, lastly by Law No.

Government Regulation No. 76 Year 2008 concerning for­ 12 Year 2008 (BN No. 7661 pgs 11B-18B etc) (State est Rehabilitation and Reclamation, it is necessary to stipu­ Gazette of the Republic of Indonesia Year 200B No. 59, late a regulation of the Forestry Minister of the Republic of Supplement to State Gazette of the Republic 'Jf Indo­

Indonesia concerning General Pattern, Criteria and Stan- nesia No. 4844); dard of Forest Rehabilitation and Reclamation; 3. Government Regulation No. 35 Year 2002 (BN No. 6826

pgs 1B-6B) concerning Fund (State Ga-

In view of: zette of the Republic of Indonesia Year 2002 No. 67,

1. Law No. 41 year 1~99 (I:3N No. b40U pgs 1I:3-HI:3 etc) Supplement to State Gazette of the Republic ot Indo­ +, .,.,

concerning Forestry (State Gazette of the Republic of nesia No. 4207) having been amended by Government

Indonesia Year 1999 No. 167, Supplement to State Regulation No. 58 Year 2007 (8N No. 7594 page 158)

Gazette of the Republic of Indonesia No. 3888) having (State Gazette of the Republic of Indonesia Year 2007

been amended by Law No. 19 Year 2004 (BN No. 7140 No. 131, Supplement to State Gazette of the Republic

pgs 31B-32B) concerning Stipulation of Government of Indonesia No. 4776);

Regulation in Lieu of Law No. 1 Year 2004 (BN No. 4. Government Regulation No. 44 Year 2004 concerning

7034 page 98) concerning Amendment to Law No. 11 Forest Planninq (State Gazette ofthe Republic cfIndo-

Year 1999 concerning Forestry to Become a Law (State nesia Year 2004 No. 146, Supplement to State Gazette

Gazette of the Kepublic ot Indonesia Year 2004 No. 86, ofthe Republic ofIndonesia No. 4453);

Supplement to State Gazette of the Republic of Indo- 5. Government Regulation No. 45 Year 2004 concerning

nesia No. 4412); Forest Protection (State Gazette of the Republic of

Business News 8062/1-28-2011 Indonesia . 2A

Indonesia Year 2004 No. 147, Supplement to State pgs 13B-14B) Establishment ofIndonesia United Cabi­

Gazette of the Republic of Indonesia No. 44S3) hav- net;

ing been amended by Government Regulation No. 60 10. Presidential Regulation No. 47 Year 2009 (BN No. 7927

Year 2009 (State Gazette of the Republic of Indone- pgs 2B-12B) concerning Establishment and Organiza­

sia No. 147, Supplement to State Gazette of the Re- tion of State Ministries;

public of Indonesia No. 4153); 11. Presidential Regulation No. 24 Year 2010, concerning

6. Government Regulation No.6 Year 2007 (BN No. 74S7 Position, Mission, and Functions otState Ministries, and

pgs 12B-16B etc) concerning Forest Management and Organization Composition, Duties, and FunctionsofEch­

Compilation of Forest Management Plan and Utiliza- elon-IOfficials;

tion of Forest (State Gazette of the Republic of Indo- 12. Forestry Minister Regulation No. P.13/MenhuHI/~005

nesia Year 2007 No. 22, Supplement to State Gazette concerning Organization Structure and Work Mecha­

of the Republic of Indonesia No. 4696) having been nism of the Forestry Department, having been

amended by Government Regulation NO.3 Year 2008 amended several times, lastly by Forestry Minister

(BN No. 7630 pgs 17B-20B etc) (State Gazette of the Regulation No. P.64/Menhut-II/200S (State Gazette of

Republic of Indonesia Year 200S No. 16, Supplement the Republic ofIndonesia Year 200S No. 80);

to State Gazette of the RepublicofIndonesia No. 4814); 13. Forestry Minister Regulation No.: P. 70/Menhut-II(2008

7. Government Regulation No. 38 Year2007 (BN No. 7576 concerning Technical Guidelines on the Rehabilitation

pgs 1B-6B) concerning Division of Government Affairs of Forest and (State Gazette of the Republic of

between the Government, Provincial Regional Gov- Indonesia Year 2008 No. 96);

ernments, and Regency/City Regional Governments 14. Forestry Minister Regulation No. P.60/Menhut-II/2009

(State Gazette of the Republic of Indonesia Year 2007 (BN No. 7690 pgs 13B-18B) concerning Valuation Guide­

No. 82, Supplement to State Gazette ofthe Republic of lines for Successful Forest Reclamation (State Gazelte

Indonesia No. 4737); ofthe Republic of Indonesia Year 2009 No. 317);

S. Government Regulation No. 76 Year 200S (BN No. 7881

pgs 18B-22B) concerning Forest Rehabilitation and DECIDES:

Reclamation (State Gazette ofthe Republic ofIndone- To stipulate:

sia Year 2008 No. 201, Supplement to State Gazette of FORESTRY MINISTERREGULATION CONCERNING GENElV.L

the Republic ofIndonesia No. 4947); PATTERN, CRITERIA, AND STANDARDOF FOREST REHJI­

9. Presidential Decree No. 84 Year 2009 (BN No. 7875 BILITATIONAND RECLAMATION.

Business News 8062/1-28-2011 CHAPTER I '" .. 3A

CHAPTER I preservation and harmony of the ecosystem and to

DEFINmON increase the utility of natural resources for man con­

Part One tinuously.

General 7. Forest and critical terrain is forest and land within and

Article 1 outside of forest zones no more functioning as media

In this Forestry Minister Regulation, definitions of to regulate water and land productivity elements caus­ terms used are as follows: ing disturbances on the balance of DASecosystem.

1. (.;I"ner<=ll pattl"rn is the basic frame and reference in 8. Forest zone is a certain zone appointed and/or stipu­

the performance of Forest Rehabilitation and Recla­ lated by the Government to be secured as of its exist­

rnation activities. ence as a permanent forest.

2. Forest and land rehabilitation is an effort to restore, 9. Reforestation is an effort planting types of trees forest

maintain, and improve the functions of forest and land in damaged forest zones in the form of ernptv space,

so that its support capability, productivity and role to alang-alang (course grass), or underbrush tc restore

support life support system can always be secured. the functions of forest.

3. Forest reclamation is an effort to correct or to restore 10. Reforestation is an effort to restore critical ter-ain out­

damaged forest land and vegetation so that it can func­ side of forest zones to restore the functions of ':he land.

tion at an optimum in accordance with its allocation. 11. Coastal forests are trees growing on the shore and not

4. Re-vegetation is an effort to repair and restore ­ affected by climate, and existing at the highest tide

aged veqetation thru planting and maintenance activi­ line, with tree types among others Cz sua rina

ties on former forest zones. equisetifolia, Terminalla catapa, Hibiscus tillaceus,

5. River Basin, hereinafter abbreviated DAS(Daerah Aliran Cocos nucifera and Arto-carpus altllis.

Sungai), is a land area being a unity with a river and 12. Turf/swamp zone is a zone where a majority of its

its tributaries, functioning to accommodate, store, and land forming elements is in the form of organic sub­

to flow water naturally to lakes or to the sea, stance remains accumulated for a long time

wherein its border on land is a topographical separa­ 13. Vegetation enrichment is an activity to add its variety by

tor and border on the sea is until waters still affected utilizing growth space at an optimum by planting trees.

by land activities. 14. Maintenance of forest is an activity to keep, secure,

G. DA5 Mclnagement is a human effort to regulate an in­ and increase the quality of vegetation being the prod­

ter-relation of man and all of his activities and the natu­ uct of reforestation, greening and vegetation enrich­

ral resources within a DAS, in order to materialize the ment activities.

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15. Use of forest zones for the interest of development accordance with the objective of Forest Rehahilitction

outside of forestry activities, hereinafter referred to as and Reclamation.

use afforest zones, is the use for unavoidable strate-­ (3) Purpose of criteria and standard of rarest Rehabilita­

gic purposes, among others, activities of , de­ tion and Reclamation is to provide a reference and

velopment of electricity, telephone, and water installa­ measurement to be used as criteria as basis in the

tion nets, religion interests, and security and defense performance of Forest Rehabilitation and Reclamation.

interests. (4) Objective of criteria and standard of rehabilitation and

16. Central Government, hereinafter referred to Govern­ reclamation is to provide guidelines and/or signs in

ment, is the President of the Republic of Indonesia the performance of Forest Rehabilitation and Recla­

holding the power of government of the State of the mation.

Republic of Indonesia as meant in the 1945 State Con­

stitution ofthc Republic of Indonesia. CHAP1ERII

17. Minister is the minister assigned the duty and respon­ PERFORMANCE OF RHL

Sibility in the field of forestry. Part One

18. Regional Government is the governor, regent/mayor, General

and regional apparatus as performing elements of the Article 3

regional government. Performance of Forest Rehabilitation and Recla­

mation shall be carried out guided by:

a. General pattern;

Part Two b. Criteria and standard of forest rehabilitation and rec­

Purpose and Objective lamation.

Article 2

(1) Purpose of general pattern is to provide a basic frame

in the performance of rehabilitation of forest and land, Part Two

and forest reclamation containing principles and ap­ General Pattern

proach. Article 4

(2) Objective of general pattern is to obtain a common General pattern referred to in Article 3 letter a

basis on basic approach and its principles, pattern of covers:

performance, and performance control mechanism, in a. Principles; and

order to achieve an effective product and impact in b. Approach.

Paragraph 1 ..... Business News 8062/1-28-2011 SA

Paraoraph 1 a. Performance of forest and land rehabilitation is car­

Principles riedout by the Government, Provincial Govemments,

Article 5 and Regency/City Governments in accordance with its

Basic principles for the performance afforest and authority; land rehabilitation and forest reclamation referred to in b. Perfonnance of forest and land rehabilitation onareas

Article 4 letter a cover: that had beengranted with permit/right isperformed a. Continuous budgeting system (multi years); by the pennit/right holder. b. Clarityof authority; c. Tenurial System knowhow; ArticleS d. Costsharing; Principleof Tenurial System knowhowreferredto e. Implementation of incentive system; inArticle S letter c,isperfonned with the folloWing method: f. Empowerment ofcommunity and institution capacity; 0). Forest rehabilitation efforts and forest reclamation for g. Participative approach; and each forest functions shall be adjusted to stipulated h. Transparency andaccountability. forestfunctions;

b. Rehabilitation afforest andlandandforestreclamation

Article 6 shall be based on certaintyof right on land and a clear

Principle of multi-years continuous budgeting sys­ understanding of the character of the zone functions. tem referredto in Article 5 letter a, is performedwith the folloWing method: Article 9 a. Adopting the silvi-culturesystem andconditionof the Principle of cost sharing referred to in Article 5

climate and weather; letter d, is performed with the following method: b. TImely planning and perfonnance; a. In the performance of forest and land rehabilitation, c. MUlti-years based budgetingadministration system; involvement of the community bothinthe formof man­ d. Multi-years reclamation funding by reclamation per­ powerandmeans andinfrastructures canbeaccounted

formers for as costs, henceforest and land rehabilitation ef­

forts cancontribute benefit to the Stateandtile com­

Article 7 munity;

Principle of clarity of authority, referred to in b. In the reclamation afforest struck by naturaldisaster;

Article 5 letter b, is performed with the followtnq the Government canallocatebudgetproportionally to method: holders of right.

6u5iness News 8062/1-28-2011 Article :lO..... 6A

ArtIcle 10 a. MotIvate the participation of the communIty and re­

Principleof implementation of incentive system re­ lated parties:

ferred to in Article 5 letter e, is performed with the follow­ b. Paying due observance on local institutions, local in­

ing method: puts, and local technologies.

a. In the performance of rehabilitation of forest and

land, the Government can provide support in the form

of policy instruments that can motivate the achieve­ Article 13

ment of the rehabilitation purpose and objective Principle of transparency and accountabillty re­

among others permit facilities, market access, and ferred to in Artlde 5 letter hi is performed with the follow­

awards; ing method:

b. In forest reclamations, Government incentive can be a. Compilation of planning, preparation, performance and

provided in the form oftechnical guidancel monitoring control shall be performed transparently, can be ac­

and evaluation. cessed by the community, and its products can be ac­

counted for;

Article 11 b. In forest reclamation, holders of right of management

Principle of empowerment of the community and or permit for the utilization of forest shall report recla­

institution capacity referred to in Article 5 letter f, is per­ mation performance process periodically to the Gov­

formed with the following method: ernment.

a. Performance of forest and land rehabilitation shall be

able to provide forest resources benefits for the com­ Paragraph 2

munity at an optimum and justly thru the development Approach

of capacity and the provision of access in the context Article 14

ofprosperity improvement; Approach in the context of the performance of Forest

b. In the Improvement of the cepadty of community insti­ Rehabilitation and Reclamation referred to in Article 4 let­

tutions, the Government can provide technical gUid­ ter b, covers the aspects of:

ance,elucidation, and to offer full role. a. Politics; b. Social;

Article 12 c. Economy;

Principle of participative approach referred to in d. Ecosystem; and

Article 5 letter 9, is performed with the following methoo', e. Institution and organization.

,~ .-

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Article 15 Article 18

Approach thru the aspect of politics referred to in Approach thru ecosystem aspect referred to in

, Article 14 letter a, is performed by usinq issues on globill Article 11 letter d is performed with the following rnethod:

heating/wanning, natural disaster/catastrophe, flood, land­ a. Forest rehabilitation efforts and land and forest recla­ slides and drought to augment RHL activities as priority mation shall be placed within a DASframe as a Man­

program in the National Development. agement Unit by paying due observance on land sup­

port capability and land suitability, and by observing

Article 16 the variety of types;

Approach thru social aspects referred to in Article b. Forest and land rehabilitation and forest reclamation

14 letter b is performed with the following method: shall be adjusted to the National Space Layout Plan

a. Performance of forest and land rehabilitation is ex­ and Provincial Space Layout Plan;

pected to be able to provide a benefit for the improve­ c. In order to support the planning, performance, moni­

ment ofcommunity prosperity; toring of evaluation of products and impacts of reha­

b. Forest and land rehabilitation efforts shall be adjusted bilitation, It IS necessary to develop forest and land

to the social culture condition of the local community information system based on DAS.

and shall avoid horizontal conflicts in the community;

c. Motivate the growth of social awareness on together­ Article 19

ness, augmenting community institutions, and devel­ Approach thru institution and organization aspects

opment of tree planting culture. referred to in Article 14 letter e is performed with the fol­

lowing method:

Article 17 a. RHL planning and performance is performed by com­

Approach thru economy aspects referred to in petent human resources thru education and training;

Article 14 letter c is performed with the tollowtnq method: b. ReInfOrcing of central and regional organization struc­

a. Forest and land rehabilitation in the long term shall be tures that are effective in the handling of RHL activities;

directed to improve the economy and income of the c. Preparation of mechanism of organization wcrk rela­

community; tionship order of the central and Regional Governments

b. Forest and land rehabilitation efforts shall be devel­ down to field performers, creating a two way commu­

oped thru the augmentation ofinstitutions suchas busi­ nication, culture empowering and healthy control, same

ness partnership, market access and capital for the perception to achieve objectives and manage decision­

community. making process and manugementofconflicts.

BusinessNews 8062/1-28-2011 CHAPTER III .... , 8A

CHAPTER III b. Protection Forest Zones; and

CRITERIA ANDSTANDARD c. Production Forest Zones.

Part One (3) Rehabilitation in zones outside of state forests is per­

General formed on land having right there-on covering:

Article 20 a. Land Rehabilitation / Retorestatlon: and

Criteria and standard referred to in Article 3 Jetter b. Rehabilitation of Mangrove and Coastal Forest. b cover: a. Criteria and standard of rehabilitation; Article 23 b. Criteria and standard of reclamation. Zoning aspect of conservation forest covers:

a. Rehabilitation ofconservation forests except in natural Part Two reserves and national park chore zone, with the pur­ Criteria and Standard of Rehabilitation poseto maintain and improve the variety and the pres­ Article 21 ervation of flora and fauna; (1) Crlteria and standard of rchebilitation cover the as b. In conservation zones except in natural reserves and peetsof: national park chore zones, performance of forest re­ a. Lone; habilitation shall be carried out without damaging the b. Institution; and functions of conservation; c. Technology. c. Stipulation and selection of vegetation types shall be (2) The aspects of zone, institution and Technology are oriented to local types performed with enrichment performed in one management system of Forest Re­ method. habilitation and Reclamation performance.

Paragraph 1 Article 24

Zone Aspect Zoning aspect in protected forests is performed

Article 22 with the followiny provisions:

(1) Zoning aspect referred to in Article 21 paragraph (1) a. Rehabilitation of protected forests is meant to restore

letter a is performed both on state forest zones and the functions of DASupstream hydrology and land sta­

forest zones outside of state forests. bility to ensure the quantity, quality, continuity of wa­

(2) Rehabilitation of State Forest Zones is carried out on: ter supply and prevention of slides and flood disas­

a. Conservation Forest Zones; ters;

Dusiness News 8062/1-28-2011 b. In ..... 9A

b. In protected forests, selection of vegetation types shall ness culture, in the event the culture farrning business

be oriented to vegetation types producing non-wood culture is not in accordance with the ability ard suit­

forest products thru the development of forestry vari­ ability of the land;

ety business. c. The Government and regional governments shall take

efforts to develop patterns of incentives for the com­

Article 25 munity among others in the form of aid in the form of

Zoning aspect of production forest is performed seed, technical assistance, tax facilities.

with the rollowinq provisions: a. Rehabilitation of production forest is meant to restore Article 28

and improve forest productivity; Zoning aspect outside of state forest zones in cul­

b. Selection ofvegetation types in production forests may tivation zones is performed with the followinq provisions:

be adjusted with the types of industrial forest vegeta­ a. Land rehabilitation in cultivation zones is meant to

tion simultaneously related with the supply of raw maintain and improve the productivity of land;

material for industries. b. Land rehabilitation shall be developed in accordunce

with the class of land ability.

Article 26

Zoning aspect in the performance of land reha bili­ Article 29

tation covers: Zoning aspect outside ofstate forest zones i:l man­

a. protection zone; and grove and coastal forest areas is performed with the fol­

b. cultivation zone. lowing provisions:

a. Rehabilitation of mangrove forest is performed lhru

Article 27 activities on the development of vegetation, vegeta­

Zoning aspect outside of state forest zone in pro­ tion maintenance, vegetation enrichment and/ or imple­

tection zones is performed with the followinq provisions: mentation of land conservation techniques by vegeta­ a. Land rehabilitation in protection zones IS directed to tive means and civil techniques means;

secure and improve the functions of water order pro­ b. The general pattern of rehabilitation performance in

tection and prevention of flood and land slide natural the zone is as follows:

disasters; 1) Rehabilitation of mangrove forests is directed for

b. Land rehabilitation in protection zones shall continue the development of forest vegetation as deterrru­

to accommodate the local community farminq busi- nant element of shore ecosystem;

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2) Rehabilitation of degraded mangrove forests is per­ d. Rehabilitation of turf/swamps outside of forest zones

formed by overall planting whereas for locations shall be performed by the community with the support

used as fish ponds is performed hy vf>gf>tation f>n­ of the C:;overnmf>nt, Provincial Governments, Rf>genry/

richment, among others thru silvo-fishery City Governments.

(walldmirld =fore~t fish) system;

3) Performanceof rehabilitation activities on mangrove Paragraph 2

forests is carried out by the Government, Provincial Institution Aspect

Governments, Regency/City Governments, BUMN/ Article 31

BUMD, and the community. Criteria and standard of institutions in the reha­

bilitation of forest covers:

Article 30 a. Development of existing institutions due to the trans­

Zoning aspect in turf/swamps area is performed formation ofGovernment institution structures as well with the folloWing provisions: as the low efficiency of institution making it necessary a, Rehebilitetion on turf/swamps area is performed thru to perform adjustments there-to,

activities development of veqetation, maintenance of b. At operational level, performance of forest and land

vegetation, enrichment of vegetation and/or implemen­ rehabilitation shall be institutionalized in accordance

tation of land conservation by vegetative and civil tech­ with potentials of the community and local business

nical methods; institutions;

b. Performance of rehabilitation of turf/swamp area is as c. Re-development of institution structures shall be ac­

follows: companied with the preparation of its capacity in the

1) Rehabilitation of turf/swamp area is directed to re­ form of sorialization. preparation of mf>chanism and

store the functions of turf/swamp ecosystem as work relation order, formulation of guidelines for the

micro climate support and in the context of mitiga­ preparation of fund Sources and rnear IS, preparation

tion of climate change; of criteria and standard, and training/leveling of staff

2) Rehabilitation of turf/swamp area is performed is performed on normal performance structure of for­

based on turf/swamp depth criteria. est and land rehabilitation;

c. For turf/swamps within forest zones, activities shall d. Improvement of community institutions is also per­

be performed by the Government, Provincial Govern­ formed thru potential basis of local institutions, local

ments, Regency/City Governments, BUMN/BUMD by inputs, and local technology accompanied with the pro­

involving the community; vision of economy incentives and institution services

BU5ines~ News 8062/1-28-2011 and ..... llA

and clear protection from the Regional Government on c. Stipulation of vegetation types shall not decide the cul­

rehabilitation efforts initiated and performed by local tural relationshiphaving been woven betweenthe com­

msntunons and the community; munity and forest resources, so that the protected for­ e. ExercisingDAS- based forest resources management est and conservation zones, selection of vegetation

infonnation asan objective basis for the performance, types is oriented to vegetation types producing non­

monitoring, evaluation and control of performance, wood forest products thru the development of forestry

products and impacts of rehabilitation; variety business. f. Perfonn studies on market structure, behavior, and

perfonnance of various forest products including en­ Part Three

vironmental services. This studv is required as basis Reclamation Criteria and Standard

for the utilization of economy/market structure for 10­ Article 33

eel inslilulions movinq in forest and land rehabilitation Besides using the criteria and standard referred

efforts, and as basis for the Government to provide to in Article 3/ the reclamation of forest shall use arnonq

appropriate incentives in accordance with existing others the following criteria and standards:

market behavior; a. Characteristics ofactivity locations; g. All economy potentials shall be planned and worked b. Types of activities;

on carefully in every perfonnance of rehabilitation. c. Land arrangement;

d. Control of and waste;

Paragraph 3 e. Re-vegetation; and

Technological ASpect f. Socialeconomy development.

Article 32

Criteria and standard of technology for the reha­ Paragraph 1 bilitation of forest and land cover: Characteristics of Activity Locations a. Performance of forest rehabilitation efforts shall take Article 34

into consideration the functions and status of forest (1) Characteristics of forest reclamation activity locations

zones, so that the rehabilitation of forest shall not dis­ referred to in Article 33 letter a are:

turb and change forest functions both in the micro and a. Former mines;

macro scale; b. Former means and infrastructures. b. In conservation zones,the performance of forest reha­ (2) Areas that must undergo reclamation cover:

bilitation shall notdamage forest conservation functions; a. Former mines;

BusinessNews 8062/1-28-2011 b. Developmen: ..... 12A

b. Development of electricity net; d. Spreading top .

c. Telephone; (2) Land arrangement activity is used as criteria to deter­

d Water insti'lliation; rnina thf' success of forf'o;t raclamation.

e. Religion interests; (3) Guidelines on the valuation of success afforest reclama­

f. Security and defense interest, or tion shall be regulated a separate Minister Regulatim.

g. Natural disaster.

Paragraph 4

Paragraph 2 Control of Erosion and Waste

Types ofActivities Article 38

Article 35 (1) Control oferosion and waste referred to in Article 33

Types of forest reclamation activities referred to letter d, covers: in Article 33 letter b cover: a. Development of land conservation buildings (check a. Inventorying of locations; , restraining dams, ravine controllers! drop b. Stipulation of locations; structures, drainage channels, etc); c. Planning; and b. Planting of cover crops to slow down the speed of d. Performance of redamanon. water runoff and increase tnnltrattons:

c. Erosion and sedimentation (to be observed from

Article 36 the occurrence of gully erosion and ditch erosion).

Guidelinesfor activities of inventorying! stipulation (2) Activities on the control of erosion and sedimentation oflocation, planning and performance of reclamation shall shall be used as criteria for the successof forest rec­ be regulated with a separate Minister Regulation. lamation.

(3) Guidelines on the valuation of successof forest recla­

.Paragraph 3 mation shall be regulated with a separate Minister

Land Arrangement Regulation.

Arlicle 37

(1) Arrangement of land referred to in Article 33 letter c Paragraph 5

covers: Re-vegetation

a. Refilling former mine holes; Article 39

b. Arrangement of ground surface; (1) Re-vegetation or tree planting referred to in 33 letter

c. Stabilizing slopes; and e, consist of:

Business News 8062/1-28 2011 a. Width ...... 13A

a Width of planting area; he empowered so that it can play an equtvalent and

b. Percentage of vegetation growth; empowered role, so as to be able to play an equiva­

c. Number of vegetation per hectare; lent role and as partner of the Government, regional

d. Composition of vegetation types; and government, and holders of right/permit in the cefor­

e. Growth or health of vegetation. mance of Forest Rehabilitation and Reclamation.

(2) Re-vegetation or tree planting activities shall be used (2) Empowering the community is performed thru a par­

as criteria of the success of forest reclamation. ticipative approach, namely thru empowerment, im­

(3) Guidelines on the valuation of success of forest recla­ provement of capacity, actualization of effectiveness

mation shall be regulated with a separate Minister and efficiency, and creation ofcost sharing of the com­

Regulation. munity in funding.

(3) Empowering the community in ForestRehabilitation and

Paragraph 6 Reclamation covers:

Development of Social Economy a. Provision of authority/right/access;

Article 40 b. Improving the position/status ofweak groups soas

Development of social economy referred to in Ar­ to have the same position as other groups; ticle 33 letter f, is performed with the following method: c. Provision of support to the community to actso as a. Besidesthe role to restore the functions of forest thru to be able to control its future.

forest reclamation and re-veqetanon, the performance (4) Improvement ofcommunity capacity is orientec to the

offorest reclamation shall also be able to develop the growthof a condition wherein the community can study

social economy ofthe community; while working for itself. b. Involvement ofthe community as supporting force and (5) Empowering the community thru a participative ap­

performer in the performance of forest reclamation. proach is based on the followinq principles:

a. The community as main player in planning, perfor­

mance and utility user;

CHAPTER IV b. The community as decision maker;

EMPOWERING THE COMMUNITY c. The Government as associate and controller of ac­

Article 41 tivities;

(t) TIlecommumty shall oegIven theopportunlty and shall d. CertaInty ot rights and obligations of all parties;

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e. Community institutions are determinedbythe com­ Article 44

munity; This Forestry Minister Regulation commences to

r. AJ-!J-!fuactl based on the preservation or Ior est func­ cometo effect from the date of enactment.

tions includes variety of biological resources and

variety of culture.

Forpubliccognizance, this Forestry Minister Regu­ CHAPTER V lation shan be announced in the State Gazette of the Re­ MANAGFMFNT AND CONTROL publicof Indonesia. Article 42

(1) Managementand control are emphasized on the as­ Stipulated in Jakarta pectof process products of Forest Rehabilitation and on AUgllst 11,2010 Reclamation. FORESTRY MINISTER (2) Considering that the performance of Forest Rehabili­ THE REPUBUC OFINDONESIA, tation and Reclamation hasa nature that is site-spe­ sgd. cific, multi years, and involving stake holders, a more ZULI

trol/valuationof products shallbe more transparent to

the public. Enacted in Jakarta (3) Role of a professional community for superviston and

control duties is required to be increased. on August 11, 2010 MINISTER OFLAW AND HUMAN RIGHTS

CHAPTER VI THE REPUBLICOF INDONESIA,

CLOSING PROVISIONS sgd.

Article 43 PATRIAUS AKBAR

With the stipulationof thisForestryMinisterRegu­

lation, Forestry MinisterDecision No. 20/Kpts-II/2000 con­ STATE GAZETTE OFTHE REPUBUC OFINDONESIA cerning Genf'ral Pattf'rn, Standard and Criterirl on the Re­ YEAR 2010 NO. 391

habilitationof Forest and Land, is revokedand declared as

not in effect any more.

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