Regulation of the Maritime and Fisheries Minister No. PER.12/MEN/2010 on minapolitan

GOVERNMENT REGULATIONS MINAPOllTAN (Regulation of the Maritime and Fisheries Minister No. PER.12/MEN/ 2010 dated May 14, 2010) THE MARJTlME AND FISHERIES MINISTER OF THE REPUBLIC OF INDONESIA, Considering: a. that to encourage the accelerated development of the maritime and fisheries sector, it is ne ce s sary to carry out the development of zone-based maritime and fisheries economy in an integrated, efficient and quality manner under the concept of minapo!itan; b. that the development of maritime and fisheries economy under the concept of minapolitan needs the development of rninapolitan zones to increase efficiency and optimize the comparative advan 3. Law No. 16/2006 on Agricultural. Fishery and Forestry Counseling System; 4. Lavv No. 17/2007 on Long-Term Development Planning from 2005 to 2025; 5. Law No. 26/2007 on Spatial Layout; 6. Law No. 27/2007 on the Management of Coastal Areas and Islets; 7. Government Regulation No. 79/2005 on Guid ance for Developing and Supervising the Orqani zation of Reqional Governments; 8. Government Regulation No. 38/2007 on the Sharing of Government Affairs among the Gov ernment, Provincial Governments and Regency/ Municipal Governments; taqe and competitive edge of regions in accor dance with the existing pre-production, produc 9. Government Regulation No. 50/2007 on Proce dure of Realizing Regional Cooperation; tion, manufacturing and/or marketing activities in an integrated. holistic and sustainable way; c. that based on the considerations in letters a and b, it is necessary to declare minapolitan under a Ministerial Regul;ltion; In view of . 1. Law No. 31/2004 on Fisheries as already amend ed by Law No. 45/ 2009; 10. Presidential Regulation No. 47/2009 on the For marion and Organization of State Ministry; 11. Presidential Regulation No. 5/2010 on Medium Term National Development Plan of 2010-2014; 12. Presidential Regulation No. 2.-1/2010 on the Poai tion, Task and Function of State Ministry and the Organizational Structure, I ask and Function of First Echelon Officials of State Ministry; 13.Presidential Decree No. 84/P/2009; 2. Law No. 32/2004 on Regional Governments as already amended by Law No. 12/2008; 14.Regulation of the Maritime and Fisheries Minister No. PER.07/MEN/ 2005 on the Organization and 19 GOVERNMENT REGULATIONS Work Mechanism of the Maritime and Fisheries Min istry, as already amended by Regulation of the Maritime and Fisheries Minister No. PER.04/ MEN/2009; 15.Regulation of the Home Affairs Minister No. 29/2008 on the Development of Fast Growing Strategic Zones in Regions; 16.Regulation of the Maritime and Fisheries Minister No. PER.06/MENI 2010 on the Strategic Plan of the Maritime and Fisheries Ministry; 17.Decree of the Maritime and Fisheries Minister No. KEP 24/MEN/ ?OCl2 on the Procadure ami Mathnd of Making Regulations at the Maritime and Fisher ies Ministry; DECIDES To stipulate : REGULATION OF THE MARITIME AND FISHERIES MINiSTER ON MINAPOllTAN. CHAPTER I GENERAL PROVISIONS Article 1 HeIer red La ill this Ministerial Regulation as ; 1. Region is a space which constitutes a geographi cal unit together with all relevant elements whose borders and system are decided based on admin istrative factors and/or functional aspects. 2. Minapolitan is a concept of zone-based maritime and fisheries economic development based on the principles of intecritv. efficiency, quality and acceleration. 3. Minopolito n zone IS a part of region which has main economic function consisting of production, processing and/or marketing centers of fishery commodity, services and/or other supporting ac tivities. 4. Production, processing and/or marketing center is a group of production, processing and/or mar keting units with a variety of activities in a cer tain location. 5. Proriuntion. nror.f>o::sing arid/or rnarkatinp unit is CI unit of businesses producing, processing and/or marketing a product or serviue . 6. Master plan is a plan to develop a minapolitan zone in a regency/municipa lity containing the policy and strategy of processing marine and fisheries potentials put in a concept of medium term zone development policy within a period of 5 (fivel years implemented through management plan and action plan. 7. Management plan is a plan to develop sectors and key products as an engine of economy in a minapolitan zone within a period of 5 (five l years according to the master plan. 8. Action plan is a plan to implement the develop ment of minapolrtan zone in a regency/munici pality made on an annual basis by observing the phases of five-year development as contained in the master plan. 9. Minister is the Maritime and Fisheries Minister. 20 Business News 8128/7-8-2011 GOVERNMENT REGULATIONS CHAPTER II PRINCIPLES, AIM AND TARGET Article 2 Minapolitan is realized based on the principles of: a. democratization of pro-people maritime and fish eries economy; b. government partiality to common people through empowerment of the community; and c. strong role of the regional economy under the principle of strong regions to create a strong na tion and state. Ar ticle 3 Minapolitan is realized with the aim of : a. raising production, productivity, and quality of maritime and fisheries products; b. improving the income of fishermen, fish farmers, and fish processors in a fair and evenly manner; and c. developing minapolitan zones as growth centers in regions. Article 4 The target of minapolitan is among others to : 1. improve the economic capacity of maritime and fisheries society on a micro and small scale by, among others: a. scrapping and/or reducing production cost, household spending, and illegal levies; b. developing an efficient maritime and fisheries production sustem for micro and small busi nesses; c. providing find diotributinq effective and cheap production means for the public; d. providinq technical and capital assistance; and/or e. developing infrastructures to support the production, processing and/or marketing of maritime and fisheries products. 2. increase the number and quality of medium and large scale maritime and fisheries businesses so rha t thp.y will have high competitiveness by, among others: d. ueregulClting rnaritirn e and fisheries business es; b. providing security, business continuation and investment guarantees; c. settling business and trade barriers (tariff and non-tariff barriers); d. developing infrastructures to support produc tion, processing and/or marketing systems; and e. developing incentive and disincentive system for the export and import of maritime and fisheries products. 3. turn the maritime and fisheries sector into the engine of regional and national economies by, among others: a. developing a zone-based maritime and fisher· ies economic system; b. developing maritime and fisheries economic BUsiness News 812817·8-2011 21 GOVERNMENT REGULATIONS zones in regions as local economic growth centers; c. rcvitolizing production, proccssing and/or marketing centers as the engine of the public economy; and d. empowering maritime and fisheries business groups in production, processing and/or mar keting centers. CHAPTER III THE DEVELOPMENT OF MINAPOLITAN ZONES Article 5 (1) The development of minapolitan zones is done in an integ rated, efficient, and quality manner to ac celerate the improvement of production, process ing and/or marketing systems. (2) The development of minapolitan zones is started from the development of production, processing and/or marketing units concentrated in produc tion, processing and/or marketing centers in a zone projected or planned to become an integrat edly-managed minapolitan zone. Article 6 The characteristics of uunapoluan zones cov er: a. being an economic zone consisting of production, processing, and/or marketing centers and other business activities, such as services and trade; b. having facilities and infrastructures to support economic activities; c. accommodating and employing workers in and around the zones; and d. having a positive impact on the economy in near by areas. Article 7 A zone can be designated as a minapoJitan zone if it meets the following requirements: a. it accords with the Strategic Plan, Spatial Lay out Plan (RTRW) and/or Coastal Areas and Islets Management Zoning Plan (RZWP-3-K) of regen ~yJmllni~ir;;]lity. ReainnClI Medillm-Tprm In\1Pst ment Development Plan (RPIJMD) that has been in place, b. having key commodity in the maritime and fish ery sector with high economic value; c. having strategic geographical location that nat urally meets requirements to develop key com modity in the maritime and fisheries sector; d. having production, processing and/or marketing units and business networks that actively pro duce, process and/or market maritime and fish eries products concentrated in a certain location and have interrelated production, processing and/ or marketing chains; e. having supporting facilities in the form of access to the market, capital, production, processing and/or marketing facilities and infrastructures, and business institutes and counseling and train ing facilities; f. environmental feasibility measured based on sup 22 Business News 812817·8-2011 GOVERNMENT REGULATIONS po rtirvj and accornrr.o datinq capar itv of thf' p.nvi ronment, potential negative impact, and poten tial destruction in the locauon in the future, g. regional commitment in the form of financing contribution, personnel, and minapolitan manage ment and development facilities; h. the presence of regional government institute re sponsible for the maritime and fisheries sector; and ref arre d to in Article 8 paragraph 131. the regent/ mayor shall make a master plan implemented through a business plan and action pion. (21 The regency/municipal government shall make the master plan as referred to in paragraph (1) according to his/her authority in cooperation with the public, business world, institutes of higher learning, and other interested institutes. cide a minapolitan location according to his/her authority. (4) The decision on rnlnapolitan location as referred to in paragraph (3) shall be submitted to the Min ister within the framework of coordination and development. Article 8 (1) The selection of mmapotttan zones is done in a coordinated way involving the government, pro vincial government and regency/municipal gov ernment according to the requirements as re ferred to in Article 7. (2) Based on the results of coordination and com plete requirements as referred to in paragraph (1 l, the Minister shall decide a minapolitan zone. (31 In a minapolitan zone, the regent/mayor shall de I. the availability of data and information on the condition and potential of the zone. Article 10 (1) The master plan as referred to in Article 9 para graph (1) shall be made by ohserving thp. Sriltial Layout Plan and Regional Medium-Term Develop rneru Plan. (2) The master plan as referred to in paragraph (1) shall at least contain: a. the results of a comprehensive study of all main aspects in the development of rninapoli tan zone as data base; and b. projected direction, scenario, and phases of the medium-term development of minapolitan zone. (3) The results of a comprehensive study of all main aspects in the development of minapolitan zone as data base as referred to in paragraph (2) letter a shall identify: a. the potential of minapolitan zone consisting of : 1. the natural resources of the zone and its Article 9 (1) Based on the decision on minapolitan location as environs; 2. the presence of production, processing 8usiness News 812817·8-2011 23 and/or marketing units in the zone; 3. human resources and institutions related to the development of the zorie : arid 4. facilities and infrastructures supporting the developrnent or tile Lone. b. sectoral and regional development policies within the framework of synchronizing, inte grating and harmonizing policies; c. structure and pattern of utillzinq regional space within the framework of consistent ap plication of RTRW and/or RZWP-3-K; d. obstacles and chances; and e. a chance of cooperation with interested par ties. (4) The projected direction, scenario, and phases of the medium-term development of minapolitan zone as referred to in paragraph (2) letter b shall contain at least: a. strategy, direction of policies, and phases of the development of the minapolitan zone within a period of 5 (five) years, divided into the attainment of annual quantitative and qualitative tarqe ts: b. each of the 5 (fiveJ-year quantitative and qual itative tarqats, accompanied by Q successful lated to the effort to encourage the develo p ment of nearby areas. (f'>1 The business J11;:m ClS rp.fp.rrerl tn in Article ~ J1ClrCl graph (1) shall contain at least: d. projec te d upsu earn and downstr eern de vel opment of key sectors and products; b. market information and access; c. capital access; d. technoloqical access; and e. infrastructures and facilities supporting trans portation and distribution. (6) The action plan as referred to in Article 9 para graph (1) shall contain at least: a. matrix of programs and activities; b. location; c. timetable; d. agency/executing unit; e. projected fund needs; t. funding sources; g. output; h. outcome; and l. performance indicator. Article 11 (1) The development of minapolitan zone shall he done by: a. conducting national campaigns; b. encouraging production, processing and/or marketing In key production centers which are pro-small businesses: c. integrating production, processing and/or 24 indicator and yardstick of the development of key sectors and products in a more focused way, and the development of all main aspects in the rninapolitan zone; c. strategy, direction of polices, and phases of the development of the minapolitan zone re Business News 812817,8,2011 GOVERNMENT REGULATIONS marketing centers into a kAy f'~()n()mic zone and later into a minapolitan zone; d. guidi ng businesses omJ pr uvidir IS] tee! mic al assistance in key production, processing and/ or marketing centers in the form of counsel ing, training and technical assistance; and e. developing a zone-based maritime and fisher ies economic system. (2) The development of minapolitan zone as referred to in paraqraph (1, shall be done by the Govern ment, Provincial Governments, and Regency/Mu nicipal Governments according to their a uthoritv. CHAPTER IV MONITORING, EVALUATION AND REPORTING Article 12 (1) Regents/Mayors shall monitor and evaluate the development of minapolitan zones in their juris diction. (2) The results of monitoring and evaluation as re ferred to In paragraph (1) shall be submitted to relevant Governors at least twice a year, with a copic s addressed to the Minister, Miniatcr/Hcad of Non-Ministerial Government Institute con cerned. Article 13 Governors shall monitor and evaluate the de velopment of minapotitan zones in their regions and submit reports to the Minister, Minister/Head of Non Ministerial Government Institute concerned. Article 14 (1) The Minister, along with thc Minister/Head of Non-Ministerial Government Institute concerned shall monitor and evaluate the development of minapolitan zones. (2) The results of monitoring and evaluation serve as materials for government officers to nurture and control the development of minapolitan zones ac cordi ng to thei r respective authority. CHAPTFR V NURTURING Ar ticle 1 [) (1) The Minister in cooperation with the Ministers/ Heads of Non-Ministerial Institutes concerned shall nurture the development of minapolitan zones by : a. giving guidance; b. providing facilities to carry out activities re lated to coordination, synchronization, con sultation and synergy of policies and pro grams/activities among sectors and among business agents. (L) Governors shall nurture the development of mi napolitan zones by coordinating, harmonizing and integrating activities among regencies/municipali ties to develop minapolitan zones. CHAPTER VI FINANCING Business News 812817·8·2011 25 GOVERNMENT REGULATIONS Article 16 All expenses arising from the development and nurturing of rninapolitan zones shall be borne by the State Budget and/or Regional Budget as well as by other legel LInd unbiding sources according to the law and regulation. CHAPTER VII CONCLUSION Article 17 This Ministerial Regulation shall come into force as from the date of stipulation. Stipulated in Jakarta On May 14. 2010 THE MARITIME AND FISHERIES MINISTER, sgd. FADEL MUHAMMAD (S) 26 Business News 8128/7·8-2011