Regulation of Minister of Forestry of RI No. P.43/Menhut-II/2011 concerning second amendment upon Regulation of Minister of Forestry No. P.4/Menhut-II/2009 concerning settlement of temporary concession rights for industrial plantation forest

SECOND AMENDMENT UPON REGULATION OF MINISTER OF FORESTRY NUMBER P.4/MENHUT-II/2009 CONCERNING SETTLEMENT OF TEMPORARY CONCESSION RIGHTS FOR INDUSTRIAL PLANTATION FOREST (The Regulation of Minister of Forestry of RI Number P. 43IMenhut~1I12011, May 19, 2011) BY THE GRACE OF ONE AND ALMIGHTY GOD THE MINiSTER OF FORESTRY OF REPUBLIC OF INDONESIA, Considering: a. that based on the Regulation of Minister of For estry Number P.4/Menhut-II/2009 concerning Settlement of Temporary Concession Rights for Industrial Plantation Forest as has been amended with Regulation of Minister of Forestry Number P.49/Menhut-II/2009, it has been stipulated the provision related to settlement of Temporary Concession Rights for Industrial Plantation Forest (HPHTI); b. that Regulation of Minister of Forestry as meant at point a, only regulates the settlement of Tem porary HPHTI given to joint company and pure private, and does not regulate the settlement of Temporary HPHTI qiven to company with BUMN (Inhutani) status also has not regulated settle ment upon the Decision of Minister of Forestry concerning Appointment for Implementation of Industrial Plantation Forest Development; c. that in order to give legal assurance and business assurance for company, holder of Temporary HPHTI and holder of Decision of Minister of For estry concerning Appointment for Implementation of Industrial Plantation Forest Development, it is considered necessary to stipulate Regulation of Minister of Forestry concerning Second Amend ment of Regulation of Minister of Forestry Num ber P.4/Menhut-II/2009 concerning Settlement of Temporary Concession Rights for Industrial Plan tation Forest; In view of . to be continued (A) 48 "--- . Business News 8l16·8l17Il·8·l01l GOVERNMENT REGULATIONS SECOND AMENDMENT UPON REGULATION OF MINISTER OF 'FORESTRY NUMBER P.4/MENHUT-II/2009 CONCERNING SETTLEMENT OF TEMPORARY CONCESSION RIGHTS FOR INDUSTRIAL PLANTATION FOREST (The Regulation of Minister of Forestry of RI Number P. 43/Menhut-II/2011, 19 May 2011) [Continued from Business News No. 8216-8217 page 48] In view of: tation Fund (State Gazette of Republic of lndone 1. Law Number 41 Year 1999 (8N No. 6400 page sia Year 2002 Number 67, Supplementary State 18-88) concerning Forestry (State Gazette of Gazette of Republic of Indonesia Number 4207). Republic of Indonesia Year 1999 Number 167, as has been amended with the Law Number 58 Supplementary State Gazette of Republic of In- Year 2007 (State Gazette of Republic of Indone donesia Number- 3888), as has been amended sla Year 2007 Number 131, Supplementary State with the Law Number 19 Year 2004 (BN No. Gazette of Republic of Indonesia Number 4776); 7140 page 318-328) concerning the Stipulation 4. Government Regulation Number 44 Year 2004 of Government Regulation in Lieu of Law Number Concerning rorestry Planning (State Gazette of 1 Year 2004 concerning the Amendment upon Republic of Indonesia Year 2004 Number 146, Law Number 41 Year 1999 concerning Forestry Supplementary State Gazette of Republic of Indo to become Law (State Gazette of Republic of In- nesia Number 4452); donesia Year 2004 Number 86, Supplementary 5. Government RegUlation Number 45 Year 2004 State Gazette Number 4412); concerning Forest Protection (State Gazette of 2. Government Regulation Number 27 Year 1999 Republic of Indonesia Year 2004 Number 147, (8N No. 6436 page 18-98) concerning Analysis Supplementary State Gazette of Republic of In on Environmental Impact (State Gazette of Re- donesia Number 4453), which has been amended public of Indonesia Year 1999 Number 59. Sup- with the Government Regulation Number 60 Year plementary State Gazette of Republic of lndone- 2009 (State Gazette of Republic of Indonesia Year sia Number 383B); 2009 Number 137, Supplementary State Gazette 3. Government Regulation Number 35 Year 2002 of Republic of Indonesia Number 5056); lBN No. 58,0 page 19B-5B) concernIng Re1ores- 6. Government Regulation Number 6 Year 2007 Business News 8218/2-10-2012 39 GOVERNMENT REGULATIONS concerning Forest Arrangement and Preparation of Forest Management Plan as well as Forest Utiliza tion (State Gazette of Republic of Indonesia Year 2007 Number 22, Supplementary State Gazette of Republic of Indonesia Number 4696). which has been amended with Government Regulation Number 3 Year 2008 (State Gazette of Republic of Indonesia Year 2008 Number 16, Supplemen tary State Gazette of Republic of Indonesia Num ber 4814); 7. President Regulation Number 47 year 2009 con cerning Formation and Organization of State Min istry; 8. President Regulation Number 24 Year 20 10 con cerning Position, Duties, and Functions of State Ministry; 9. Presidential Decree Number 84/P Year 2009 con cerning Formation of United Indonesia Cabinet II; 10. Regulation of Minister of Forestry Number P.39/ Menhut-II/2008 concerning Procedures for Ad ministration Sanction Imposition Upon License Holder of Forest Utilization (State Gazette of Re public of Indonesia Year 2008 Number 14); 11. Regulation of the Minister of Forestry Number P.40/Menhut-II/201 0 concerning Organization and Management of Ministry of Forestry (State Gazette of Republic of Indonesia Year 2001 Num ber 405); 12. Collective Decision of Minister of Forestry and Minister of Finance Number 446/Kpts-1I/1 994 and NumbtT o33/KMK.01111994- com;~m g the Provisions of State Capital of Republic of Indone sia and Loan Derived from Reforestation Fund in Industrial Plantation Forest Development; 13. Decision of Minister of Forestry Number 375/ Kpts-11/1996 Concerning Procedure for Reforesta tion 'Fund Distribution in the Frame of State Capi tal Participation of Republic of Indonesia cnd Loan for Industrial Plantation Forest Development by Joint Company as has been amended with Num ber 098/Kpts-1I/1998; 14. Decision of Minister of Forestry Number 48961 Kpts-II/2002 Number 8679/Kpts-II/~002 con cerning Management of Joint HTI Company and State-Owned Enterprises ( BUMN) HTI as has been amended with Number 098/Kpts-II/1998 15. Decision of Minister of Forestry Number SK.46/ Menhut-1I/2004 Concerning Acquisition of Private Capital Participation in Timber Forest Products Utilization Licensed Company in Plantation For est/Concession Rights for Joint Industrial Planta tion Forest; DECIDED: To stipulate: REGULATION OF MINISTER OF FORESTRY CON CERNING SECOND AMENDMENT UPON REGULA TION OF MINISTER OF FORESTRY NUMBER PAl MENHUT-1I/2009 CONCERNING SETTLEMENT OF TEMPORARY CONCESSION RIGHTS FOR INDUSTRI AL PLAN.A.mN FORES'. 40 Business News 8218/2-10-2012 GOVERNMENT REGULATIONS Article I Some provisions in the Regulation of Minis ter of Forestr v Number P.4/Menllut-ll/2009 concern ing Settlement of Temporary Concession Rights for Industrial Plantation Forest (State Gazette of Repub lic of Indonesia Year 2009 Number 12), as has been amended with Regulation of Minister of Forestry Num ber P.49/Menhut-1I/2009 (State Gazette of Republic of Indonesia Year 2009 Number 220) is amended as follows: 1. Provision in Article 1 has been amended, there fore it becomes: 1. Temporary Concession Rights for Industrial Plantation Forest, hereafter mentioned as HPHTI·S is temporary rights given to private company and or company, the holder of Con cession Rights for Industrial Plantation Forest, whether it is Transmigration Pattern or pure private and BUMN appointed to carry out implementation of industrial plantation forest development from the Minister of Forestry. 2. Provision in Article 2, between number 2 and number 3 inserted a new number that is 2.a. as follows: Article 2 2.a. Especially lor 8UMN that gets appointment for implementation of industrial plantation forest development from the Minister of For estry and has fulfilled the requirements as at number 1 point a and d. Minister instructs the Director General of Forestry Planoloqv to prepare Working Area (WA) map and to sub mit the reoult to the Director General. 3. Between Article 6 and Article 7 inserted 2 (two) new articles, that is Article 6A and 68 as follows: Article 6A (1) In case BUMN that gets appointment for implementation of industrial plantation forest development from the Minister of Forestry has got Working Area map, IUPHHK-HTI Decision can be issued by Minister. (2l The submission of IUPHHK-HTI Decision as meant at paragraph (1) is performed after the submission of IUPHHK-HTI Fee receipt. Article 6B IUPHHK-HTI Decision is valid for 35 (thirty-five] years since the HPHTI-S Deci sion is stipulated by Minister and can be pro longed accordingly to the laws and regula tions. Article II By the promulgation of this Regulation, then the Regulation of Minister of Forestry Number P.49/ Menhut-II/2009 concerning Amendment Upon Regu lation of Minister of Forestry Number PA/Menhut Business News 821812-10- 2012 41 42 GOVERNMENT REGULATIONS 11/2009 concerning Settlement of Temporary Concession Rights for Industrial Plantation Forest is revoked and declared null and void. This Regulation of Minister of Forestry starts to take effect since the promulgation date. For everybody to acknowledge this regulation, this Regulation of Minister of Forestry is promulgated by placing it in the State Gazette of Republic of Indonesia. Stipulated in Jakarta on 19 May 2011 THE MINISTER OF FORESTRY OF REPUBLIC OF INDONESIA, Sgnd. ZULKIFLI HASAN Promulgated in Jakarta on 23 May 2011 THE MINISTER OF LAW AND HUMAN RIGHTS OF REPUBLIC OF INDONESIA, Sgnd. PATRIALIS AKBAR THE STATE GAZETTE OF REPUBLIC OF INDONESIA YEAR 2011 NUMBER 305 (A) Business News 8218/2-10-2012