Presidential Decree No. 22 on the establishment of an integrated forest safeguarding team

WARTA CAFI NO. 71 JUNE 22 1995 37th YEAR. ====================================~======================~=================== OFFICIAL ANNOUNCEMENT ============= GENERAL ============== THE PRESIDENT OF THE REPUBLIC OF INDONESIA PRESIDENTIAL DECREE OF THE REPUBLIC OF INDONESIA NUMBER: 22 OF 1995; DATED: APRIL 24,1995 RE THE ESTABLISHMENT OF AN INTEGRATED FOREST SAFEGUARDING TEAM THE PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering a. that forests and forest produce have a strategic value for the continuity of national development so that they must be protected and safeguarded in the best possible way; b. that disturbance and threats posed to forests and forest produce may affect the continuity of the availability of materials from forest produce for development purposes in connection with environmental balance so that steps must be taken to safeguard forests in an integrated manner; c. that in connection with the above, it is deemed necessary to set up an Integrated Forest Safeguarding Team; Bearing in mind 1. Article 4 paragraph (1) of the 1945 Constitution; 2. Act No. 5 of 1967 on Basic Stipulations on Forestry (State Gazette No.8 of 1967, Supplement to State Gazette No. 2823); 3. Act No. 4 of 1982 on Basic Stipulations on Environmental Management (State Gazette No. 12 of 1982, Supplement to State Gazette No. 3215); 4. Act No. 5 of 1984 on Industry (State Gazette No. 22 of 1984, Supplement to State Gazette No. 3274); 5. Act No. 5 of 1990 on the Conservation of Biological Natural Resources and their Ecosystem (State Gazette No. 49 of 1990, Supplement to State Gazette No. 3419); 1602 CAFI 71 / 22-6-1995 6. Government Reguiation No. 21'of 1970 on Forest Concessions an.Q .ttle Rights to Collect Forest Produce (State G~tttr:)'Noi :rV.ck r.t970, Supplement to State Gazette No. 2935), as already- amended by . , f' . t·· Government Regulation No. 18 of 1975 (State Gazette No. '22 0[--1975, Supplement to State Gazette No. 3055); 7. Government Regulation No. 33 of 1970 on Forest Planning (State Gazette No. 50 of 1970, Supplement to State Gazette No. 2945); 8. Government Regulation No. 2S of 1985 on Forest Protection (State Gazette No. 39 of 1985, Supplement to State Gazette No. 3294); 9. Government Regulation No.7 of 1990 on Timber Estate Concessions (State Gazette No. 11 of 1990, Supplement to State Gazette No. 3404). HAS DECIDED: To stipulate A PRESIDENTIAL DECREE ON THE ESTABLISHMENT OF AN INTEGRATED FOREST SAFEGUARDING TEAM. Article 1 To establish a Central Integrated Forest Safeguarding Team (TPHT Pusat) with the membership composition as follows : Chairman 1st Deputy Chairman lInd Deputy Chairman IIIrd Deputy Chairman! Executive of Day-to Day Affairs Minister of Forestry. Commander-in-Chief of the Armed Forces of the Republic of Indonesia/Chairman of the Coordinating Agency for the Support to National Stabilization (Bakorstanas). The Attorney General. The Director General of Forest Protection and Nature Conservation, Ministry of Forestry. Members 1. General Chief of Staff of the Armed Forces of the Republic of Indonesia; 1603 CAFI 71 / 22-6-1995 2. Director General of Forest Management, Ministry of Forestry; 3. Deputy Chief of the Police of the Republic of Indonesia in charge of Operations; 4. Junior Attorney General in charge of General Criminal Acts; J. Director General of Sea Communications, Ministry of Communications; 6. Director General of Customs and Excise, Ministry of Finance; 7. Director General of Multifarious Industries, Ministry of Industry; 8. Director General of Regional Development, Ministry of Home Affairs; 9. l st Assistant to Coordinating Minister of Political and Security Affairs; Secretary Director of Forest Protection, Director General of Forest Protection and Nature Conservation, Ministry of Forestry. Article 2 The TPHT Pusat has the following tasks and authority : 1. To formulate policies on forest safeguarding in an integrated manner; 2. To control, supervise and coordinate the implementation of forest safeguarding and take steps to this effect. Article 3 In implementing its tasks, TPHT Pusat shall be assisted by : a. A Task Force; and b. A Secretariate. Article 4 (1) The membership of the Task Force of TPHT Pusat shall be as follows: Chairman Ist Deputy Chairman 2nd Deputy Chairman CAFI 71 / 22-6-1995 Territorial Assistant to the General Chief of Staff of the Armed Forces of the Republic of Indonesia; Inspector General of the Ministry of Forestry; One high-ranking officer of the head-quarters of the army. 1604 (2) Other Task Force members shall be determined in accordance with necessity by the Ministry of Corestry as the Chairman of TPHT Pusat. Article 5 The Task Force of TPHT Pusat shall be assigned to assist TPHT Pusat to take measures in settlement of problems of forest safeguarding which cannot be settled by Regional TPHT (TPHT Daerah), and implement special tasks of safeguarding forests upon instruction of the Minister of Forestry as the Chairman of TPHT Pusat. Article 6 The Secretary of TPHT Pusat shall be in charge of a secretariate which functionally uses government apparatuses within the Directorate of Forest Protection, Directorate General of Forest Protection and Nature Conservation, Ministry of Forestry. Article 7 (1) In implementing forest safeguarding in the regions, the Minister of forestry as the Chairman of TPHT Pusat may set up Provincial TPHT (Regional TPHT) with the membership composition as follows: Chairman Ist Deputy Chairman 2nd Deputy Chairman! Executive of Day-to Day Affairs GovernorlHead of First-Level RegionIProvince; Chief of Staff of Military Region (Kasdam) as the head of the Secretariate of Regional Coordinating Agency for the Support to National Stabilization (Bakorstanasda); Head of Regional Forestry Office Members 1. 2. Head of Regional Police; Head of High Prosecution Office; Secretary Head of First-Level Region Forestry Service. (2) If in the province/first-level region concerned the highest military organisational unit is the Military Resort Command, the 1st Deputy Chairman shall be assumed by the Military Resort Commander as the General Assistant of the Chairman of Bakorstanasda) and if in the said first level region there is no first-level region Forestry Office, the Secretary may be assumed by the Unit Head of General Corporation (Perum) Perhutani. 1605 CAFI 71 / 22-6-1995 (3) Other members of Regional TPHT shall be determined in accordance with the necessity and shall reflect the membership composition of TPHT Pusat by the Governor/Head of First-Level Region as the Chairman of Regional TPHT. Article 8 In Implementing its tasks Regional TPHT shall be assisted by : a. A Task Force; and b. A Secretariate. Article 9 (1) Membership of the Regional TPHT Task Force shall be determined in accordance with the necessity by the GovernorlHead of First-Level Region as the Chairman of Regional TPHT. (2) The Regional TPHT Task Force shall be assigned to implement forest safeguarding operations. Article 10 The Secretary of Regional TPHT shall be in charge of a secretariate which functionally uses government apparatuses within the First-Level Region Forestry Service or the Unit of General Corporation (Perum) Perhutani. Article 11 The working guidelines and procedure for a Regional TPHT shall be stipulated by the Minister of forestry as the Chairman of TPHT Pusat. Article 12 (I) Chairman of TPHT Pusat shall periodically and at any time make a report on and account for the implementation of the tasks of TPHT Pusat to the President. (2) Chairman of a Regional TPHT shall periodically and at any time make a report on and account for the implementation of the tasks of the Regional TPHT to the Minister of forestry as Chairman of TPHT Pusat. 1606 CAFI 71 / 22-6-1995 Article 13 All funds needed for the implementation of the tasks of the Integrated Forest Safeguarding Team shall come from the budget of the Ministry of Forestry and other government funds. Article 14 Further stipulations required for the implementation of this Presidential Decree shall be laid down by the Minister of Forestry as Chairman of lPHT Pusat. Article 15 This Presidential Decree shall come into force as of the date of stipulation and shall expire on March 31, 1998 at the latest. Stipulated at On Jakarta April 24, 1995 THE PRESIDENT OF THE REPUBLIC OF INDONESIA signed SOEHARTO 1607 CAFI 71 / 22-6-1995