Regulation of the Minister of Forestry No. 24/Menhut-II/2009 concerning re-registration of Business Permit of Primary Industries of Timber Forest Products

SA RE-REGISTRATIONOF BUSINESS PERMIT OF PRIMARY. INDUSTRIES OF TIMBER FOREST PRODUCTS (Regulation of the Minister of Forestry No. P.24/Menhut-II/2009, dated April 1, 2009) WITH THE BLESSING OFTHE ONE AND ONLY GOD THE MINISTER OF FORESTRY OF THE REPUBUC OF INDONESIA, Considering: a. that based on Article lOS of Government Regulation No.6 Year 2007 inconjunction with Government Regu lation No.3 Year 2008 concerning Forestry andCom pilation of ForestManagement Plan, and the Utiliza tion of Forest, it is stipulatedthat the Ministerhasthe authority to regulate, manage, and develop forestprod uct primary industries; b. that in the contextof anticipatingthe impactof global crises, improvement of industrycompetitive power, and to providea contribution to the growth of the national economy, field of work, and to wipe out poverty, it is necessary to take simplificationstepson investments and administrative order on business permits in the forestry industrysub-sector; c. that related with the aboveissues, it isdeemed neces sary to stipulatea regulation of the Forestry Minister on the re-registration of business permits for Primary Industries uf Fore::;lWood Products; In view of: L Law No.5 Year 1990 concerning Conservation of Rio naturalResources and its Ecosystem (StatuteBook of the Republic of Indonesia Year 1990No. 49, Supple ment to StatuteBook of the Republic of Jndonesra No. 3419); Business News 7895/12-14-2009 2. LawNo.41 Year 1999 (BNNo. 6412pages1A 6A endso on) concerning Forestry (Statute Book of the Republic of Indonesia Year 1999No. 167, Supplement to Statute Bookofthe Republic of Indonesia No. 3888), that hadbeen amended byLawNo. 19Year 2004 (ON No. 7143pages 26A-29A) concerning Stipulation of Government Regulation In Lieuof Law No. 1 Year 2004 concerning Amendment to LawNo. 41Year 1999 on Forestry to become a Law(StatuteBook of the Re publicof IndonesiaYear 2004No. 86, Supplement to StatuteBook of the Republic of Indonesia No.4412); 3. LawNo. 32 Year 2004 (BNNo. 7183pages1A-IIA and so on) concerning the Regional Governments (Statute Bookof the Republic of Indonesia Year 2004 No. 125,Supplement to Statute Bookof the Republic of IndonesiaNo.4437), that had been amended sev eral times, lastly by Law No. 12 Year 2008 (BN No. 7676pages26A-32A andsoon) (Statute Book of the Republic of Indonesia Year 2008 No. 59, Supple ment to StatuteBook of the Republic of Indonesia No. 4844); 4. Law No. 25 Year 2007 (BN No. 7509 pages llA· 27A)concerning Capital Investment (Statute Book of the Republic of Indonesia Year 2007No. 67; Supple ment to Statute Book of the Republic of Indonesia No. 4724); S. C:;ovemment RPgulationNo. 27Year 1999 (ONNo. 6442 pages10A-12A andso on) concerning Analysis of Environmental Impacts (Statute Book of the Republic of Indonesia Year 1999 No.59,Supplement to Statute Book of the Republic of Indonesia No. 3838); 6. Government 6. GovernmentRegulationNo.44 Year2004 concerning ForestryPlanning {Statute Bookof the Republic of In donesia Year 2004 No. 146} Supplement to StatuteBook of the Republic of Indonesia No.4452); 7. GovernmentRegulationNo.45 Year2004 concerning ForestProtection (Statute Bookof the Repubhc of In donesia Year 2004 No. 147, Supplement to Statute Book of the RepUblic of Indonesia No. 4453); 8. GovernmentRegulation No.6 Year2007(BNNo. 7529 pages1A-21A andso on)concerning Forestryand Compilation of ForestManagementPlan andthe Utili zationof forest (Statute Book of the Republic of Indo nesiaYear2007 No. 22, Supplement to Statute Book of the Republic of Indonesia No. 4696) that had been amended by GovernmentRegulation No.3 Year2008 (BNNo. 7676page~10A-25Aendso on) (Statutf' Bookof the Republic of Indonesia Year2008 No. 16, Supplement to Statute Bookof the Republic of Indone sia No. 4814); 9. GovernmentRegUlation No. 38 Year2007 concerning Divisionof Government Affairs between the Govern ment, Provincial Regional Governments, and Regencyj Municipality Regional Governments (StatuteBookof the Republic of Indonesia Year2007 No. 82, Supplement to StatuteBookof the Republic of IndonesiaNo.4737); 10. Presidential Decree No, 187jM Year 2004(BNNo. 7128 pages 30A-31A) concerningEstablishment of Indo nesia United Cabinet, haVing been amended several times, la~tIy byPresidential Decree No. 31/P Yedr 2007j 11. Presidential RegUlation No.9 Year2005 (BNNo. 7184 pages 2A~23A)concerning Position, Mission, Func tions, Organization Structure and Work Mechanism of State Ministries of the Republic of Indonesia, that had been amended several times, lastly by Presidential Regulation No.20 Year2008; Business News 7895/12-14-2009 6A 12, Presidential Regulation No. 10 Year 2005 concerning Organization Unitsand Mission of Echelon-I StateMin istries of the Republic of Indonesia that had been amendedseveral times, lastly by Presidential Regula tion No. 50 Year2008; 13. Presidential Regulation No. 76Year 2007(BNNo. 7533 pages15A~t9A andso on) concerning Criteriaand Requirements on the Compilation of Closed Business Fields and ConditionalOpen Business Fields in the As pect ot capital Investment; 14. Presidential Regulation No.77Year 2007 (BNNo. 7533 pa!les 2A-4A andso 011) concerning List of Closed Business Fieldsand Conditional Open Business Fields in the Aspect of Capital Investment, that had' been amended by Presidential Regulation No. 111 Year 1007; 15. ForestryMinister RegulationNo.P.13jMenhut-II/2005 concerningOrganization and Work Mechanism of the Department of Forestry that had beenamendedsev eral times, lastly by Forestry Minister Regulation No. : P.64/Menhut-II/2008 (State Gazette of the Republic of Indonesia Year2008No. 80); 16. ForestryMinister Regulation No. P.35/Menhut-II/2008 concerning Business Permit for Forest Product Pri mary Industries, that had been amended by Forestry Minister Regulation No.: P.9/Menhut-II/2009 (State Gazetteof the Repubtlc of Indonesia Year 1009 No. : 27); DECIDES: Tostipulate: FORESTRY MTNTSTFR RFGULATION CONCERNTNG Rf-RF('; ISTRATION OF BUSINESS PERMITS FOR PRIMARY INDUS TRIES OFFOREST WOOD PRODUCTS. CHAPTER 1. . CHAPTER I GENERAL PROVISIONS Article 1 In this Regulation, definitions of terms are: 1. Re-registration of industries (DUI) is a procedure on the collection of data on the type of permits of forest woodandnon-wood product primary industries issued by officialsother than the ForestryMinisteror Gover nor, for the issuance of permit renewal. 2. Primary Industry of TImberForestProducts (IPHHK) is the processing of logs and/or small logs into half-fin ishedgoodsor finished goods. 3. Business Permitof Primary Industries of Timber For estProducts (IUIPHHK) isa permit to process logsand/ or small logs to beone or severalkindsof products in a certain location issued to a permit holderby the offi cial having the authority. 4. Business Permitof Primary Industries of Non-Timber Forest Products (IUIPHHBK) is a permit to process 1'101'1 woodforestproducts Intoone or several kinds of proo ucts in a certain location issued to a permit holder by the officIalhaving the authority. 5. Production capacity is the maximum entitled annual production emount/capebillty, based on permit from the officialhavingthe authority. 6. Annual production c.apadty up to 2,000 (two thousand) cubicmeters is the total productioncapacityfrom one Or several kinds of IPHHKproducts of a permit holder situated in one location, that is not more than 2,000 (two thousand) cubic meters annually 7. Annual production capacity above 2,000 (two thousand) up to 6.000 (six thousand) cubic meters is the total productioncapacityof one or several kinds of IPHHK productsof a permit holder situated in one location, Business News 7895/12-14-2009 7A that is more than 2,000 (two thousand) up to 6.000 (six thousand)cubicmetersannually. 8. Annual production capacity above6,000 (sixthousand) cubicmeters is the total productioncapacity of oneor several kinds of IPHHK products of a permitholdersitu ated in one location, that ismore than 6,000 (sixthou sand)cubicmetersannually. 9. Built-in capacity is the production capacity of main machines stipulated in the lay-out of forest product primary industries. 10. Main production machineis a production machine of a certaintypeof industryhavingdirecteffecton produc tion capacity. 11. Industry company is a company carrying out activities in the field of business of forest product primary in dustriesin the form of individuals, cooperatives, Indo nesian Private OwnedBusiness Entities, StateOwned Business Entity, or Region OwnedBusiness Entity. 12.Ministeris the minister assigned the duty and respon Sibillty in the field of forestry. 13. Director General is the director general assigned the duty and resoonsromv In the field of FOrestry rroooc tion Management. 14. Director is the director assigned the duty and respon sibility in the field of processing and marketingof for est products. 15. ProvindatService is the serviceassigned the mission and responsibility in the field of forestry within a prov incearea. 16. Reaency/Municipality Service is the service assiqned the mission and responsibility in the field of forestry within a Regency/Municipality. 17.Bureau is the bureau on the monitoring of the utiliza tion of production forests(BP2HP). Article 2 .... Article 2 Re-reotstranon of Business Permit of PrimaryIn dustriesofTimberForestProducts (IUIPHHK) is purported to know the amount, dispersion, productioncapacityper mit/ tabor force, condition of operations, and assets of all IPHHK to beused asa substance for the stipulation of policy on the revitalization of forestry industry. CHAPTER II RE-REGISTRATION OF BUSINESS PERMIT FOR PRIMARY INDUSTRIES OF FOREST WOOD PRODUCTS PartOne General Article 3 All IUIPHHK must be re-registered except those that hadobtained IUI in accordance with Forestry Minister Decision No. 125/Kpts-II/2003and its amendments. Article 4 IU IPHHK that must be re-registeredconsistof: a. WoodSawing Industry Business Permit; and/or b. Veneer Industry Business Permit; and/or c. Plywood and Laminated Veneer Lumber (LVL) Industry Business Permit; and/or d. Woodchip Industry Business Permit; and/or e. Business Permit of other wood industries using raw material in the form of logs. Part Two Documents Required for Re-registration Article S Re-registration shall be performed by a permit holder by submitting a request letter in the form set forth Business News7895/12-14-2009 8A in Attachment-I and the Filling-in List set forth in Attach ment-II, accompanied with: a. copyof industry business permit with its amendments; b. copy of deed of establishmentwith its amendments; c. statement letter from the Bureaustating as beingstill active for industries having a capacity of more than 6,000 m3/year, or from the Regency/Municipality Ser vice for industries with a capacity of up to 6,000 m3/ year. CHAPTER III PlACE OFRE-REGISTRATION PartOne Place of Re-registration Article 6 (1) Place of re-registration for IU IPHHKwith an annual productioncapacityof up to 2,000 (two thousand)cu bicmeters is in the office of the Regency/Municipality Service, in the event the Governor delegatedthe au thority for the issuance of IUIPHHK renewal to the Re gent/Mayor. (2.) Place of re-registration for IU IPHHK With an annual production capacity of up to 6,000 (Six thousand) cubic meters is in the office of the Provincial Service. (3) Place of re-registration for holdersof IU IPHHK with an annual production CClpucityabove 6,000 (six thousand) cubicmeters is in the office of the Directorate General. Part Two Evaluation Proce<;<;. and Issuanceof TUJPHHK Renf'wal Article 7 (1) Business permit for anadvanced Wood industryhaving log processing eqoiprnent/rnacrsnes shall beprocessed and issued asof its IUIPHHKrenewaL (2) II lIPHHK .. '... (2) IUIPHHK or business permit for advanced wood indus try having log processing equipment,lmachines issued during the validity periodof Presidential Decree No.96 Year 2000perfectedby Presidential Regulation No. 111 Year 2007 shall be processed and issued as of its IUIPHHK renewal. (3) IUIPHHKor business permit for advanced wood indus try having log processing equipment,lmachines issued by an official other than the Minister or Governorafter PP No. 34 Year 2002 come to effect until! December 31, 2006, shall be processed and issued as of its IUIPHHK renewal. (4) IUIPHHKor business permit for advanced wood indus try having log processing equipment,lmachines under going an amendment or changeof name shall be pro cessed and issueda renewal in the new name, by en closinga copyof the notary deed. (5) IUIPHHK or business permit for advanced wood indus try having log processing equipment,lmachines whose industry locatlon had removed shdll be processed and issued a renewal at the new location by submitting UKl~UPl documents and guarantee on the supply of raw material at the new place. (6) IUIPHHK or business permit for advanced wood indus try haVing log processing equipment,lmachines that is not active any more shall be rejected for the renewal of IUIPHHKby firstly perfonning field checks where-in its results shall beset forth in an Investigation Report (BAP == Berita AcaraPemeriksaan). Article 8 (1) The Headof ProvinciaIService on behalf of the Gover nor issues decisions on the renewal of Business Per mit for Primary Industries of Forest Wood Products Business News7895/12-14-2009 9A with an annual production capacityof up to 6,000 (six thousand) cubic meters. (2) The DirectorGeneral on behalf ofthe Minister issues decisions on the renewal of IUIPHHK with an annual production capacityof more than 6,000(six thousand) cubic meters. (3) The Governor is entitled to delegate the authority for the issuance of IUIPHHK renewal for an annual pro duction capacity of up to 2,000 (two thousand) cubic meters to the Regents/Mayors, (4) If the Governor delegates the authority for the issu anceof IUIPHHKrenewal to the Regents I Mayors, the Headof Regency/MunicipalityService on behalfof the Regent/Mayor issues decisions on the renewaI of IUIPHHKfor a production capacityof up to 2,000(two thousand) cubic meters annually. (5) Formof IUIPHHK Renewal Decision isas stated in At tachment-III of this Regulation. Article 9 Duringthe re-registrationof IU IPHHK, theOfficial issuinq the lUI isentitled to reducethe production capacity permit on the requestof the relatedIUIPHHKholder. CHAPTER IV TRANSmONAL PROVISIONS Article 10 (1) Requests for re-registration of industries that are sub mitted based on Forestry Minister oecsion NO. 3001 Kpts-II/2003 concerning Re-registration of Business Permitfor PrimaryIndustries of ForestWoodProducts that had been amended, lastly by Forestry Minister Regulation No. P.70/Menhut-1I/2006, and not yet re newed as of its lUI, shall be processed based on this Regulation. (2) Renewal . (2) Renewal of lUIPHHK issued beforethe issuance of this Regulation isdeclared asstill in effect. CHAPTER V CLOSING PROVISIONS Artide 11 (1) With the stipulation of this Regulation, Forestry Minis ter Decision No. 300/Kpts-II/2003 concerning Re-reg istration of Business Permit for Primary Industries of Forest Wood Products that hadbeen amended by For estryMinister Regulation No. P.16jMenhut-IIj2004/ No. P.28{Menhut-II/2005 and Forestry Minister Regulation No. P.70jMenhut-IIj2006 (sdeclared as not in effect anymore.. (2) ThisForestry Minister Regulation commences to come to effect from the dateof enactment. 10A Forpubliccognizance, this Forestry Minister Regu lation shall be announced in the Slale Gazette of the R~~ publicof Indonesia. StipulatedinJakarta on April 1, 2009 lliE MINISTER OFFORESTRY OF THE REPUBLIC OFINDONESIA Sgd. H. M.s. KABAN Enacted inJakarta on April 7, 2009 THE MINISTEROFLAW AND HUMAN RIGHTS Sgd. ANDIMATfALATfA STATEGAZEiTE OFTHE REPUBUC OF INDONESIA YEAR 2009 NO. 62 ===(D )===