Regulation of the Minister of Forestry RI No. 37/Menhut-V/2010 on Procedure for the Compilation of the Management Plan on the Rehabilitation of Forest and Land

GOVERNMENT REGULATIONS PROCEDURE FOR THE COMPILATION OF MANAGEMENT PLAN ON THE REHABILITATION OF FOREST AND LAND (Forestry Minister Regulation RI No. 37/MENHUT-V/2010, dated August 6, 2010) WITH THE BLESSING OF THE ONE AND ONLY GOD FORESTRY MINISTER OF THE REPUBLIC OF INDONESIA, Considering : That for the performance of provisions of Ar ticle 15 paragraph (4) and Article 16 paragraph (3) of Government Regulation No. 76 Year 2008 on Forest Rehabilitation and Reclamation, it is necessary to stip ulate a regulation of the Forestry Minister concerning procedure for the compilation of management plan on the rehabilitation of forest and land. of Indonesia Year 2004 No. 86, Supplement to State Gazette of the Republic of Indonesia No. 4412); 2. Law No. 32 Year 2004 (BN No. 7152 pgs 9B 18B etc) on Regional Government (State Gazette of the Republic of Indonesia Year 2004 No. 125, Supplement to State Gazette of the Republic of Indonesia No. 4437), having been amended sev eral times, lastly with Law No. 12 Year 2008 (BN No. 7661 pgs 11B-18B etc) (State Gazette of the Republic of Indonesia Year 2008 No. 59, Supple ment to State Gazette of the Republic of Indone sia No. 4844); In View of: 1. Law No. 41 Year 1999 (BN No. 6400 pgs 1B-8B etc) on Forestry (State Gazette of the Republic of Indonesia Year 1999 No. 167, Supplement to State Gazette of the Republic of Indonesia No. 3888), having been amended by Law No. 19 Year 2004 (BN No. 7140 pgs 31B-32B) on Stipulation of Government Regulation In Lieu of Law No. 1 Year 2004 (BN No. 7034 page 9B) on Amend 3. Government Regulation No. 35 Year 2002 (BN No. 6826 pgs 1B-6B) on Reforesting Fund (State Gazette of the Republic of Indonesia Year 2002 No. 67, Supplement to State Gazette of the Republic of Indonesia No. 4207), having been amended by Government Regulation No. 58 Year 2007 (BN No. 7594 pgs 15B) (State Gazette of the Republic of Indonesia Year 2007 No. 131, Supplement to State Gazette of the Republic of ment to Law No. 41 Year 1999 on Forestry to I Indonesia No. 4776); Become a Law (State Gazette of the Republic 4. Government Regulation No. 44 Year 2004 on 42 Business News 8117-8118/6-15-2011 •• GOVERNMENT REGULATIONS , Forest Planning (State Gazette of the Republic of Indonesia Year 2007 No. 146, Supplement to State Gazette of the Republic of Indonesia No. 4453); 5. Government Regulation No. 45 Year 2004 on Protection of Forest (State Gazette of the Repub lic of Indonesia Year 2004 No. 147, Supplement to State Gazette of the Republic of Indonesia No. 4453); 6. Government Regulation No. 6 Year 2007 (BN No. 7487 pgs 12B-16B etc) on Forest Order and Compilation of Forest Management Plan, and Uti lization of Forest (State Gazette of the Republic of Indonesia Year 2007 No. 22, Supplement to State Gazette of the Republic of Indonesia No. 4696), having been amended by Government Regulation No. 3 Year 2008 (BN No. 7630 pgs 17B-20B etc) (State Gazette of the Republic of Indonesia Year 2008 No. 16, Supplement to State Gazette of the Republic of Indonesia No. 4814); of Indonesia Year 2008 No. 201, Supplement to State Gazette of the Republic of Indonesia No. 4947); 9. President Decree No. 84/P Year 2009 (BN No. 7875 pgs 13B-14B) on Establishment of Indone sia Bersatu II Cabinet; 10. President Regulation No. 47 Year 2009 (BN No. 7927 pgs 2B-12B) on Establishment and Organi zation of State Ministries; 11. President Regulation No. 24 Year 2010 on Po sition, Duties, and Functions of State Ministries and Organization Composition, Duties, and Func tions of Echelon-I units of State Ministries; 12. Forestry Minister Regulation No. P.13/Menhut 11/2005 on Organization and Work Procedure of the Forestry Department, having been amended several times, lastly by Forestry Minister Regula tion No. P. 64/Menhut-I1/2008 (State Gazette of the Republic of Indonesia Year 2008 No. 80); DECIDES: 7. Government Regulation No. 38 Year 2007 (BN To stipulate: No. 7576 pgs 1B-6B) on Division of Government • FORESTRY MINISTER REGULATION CONCERNING Affairs between the Government, Province Re- PROCEDURE FOR THE COMPILATION OF MANAGE gional Government, and Regency/City Regional MENT PLAN ON THE REHABILITATION OF FOREST Government (State Gazette of the Republic of In- AND LAND. donesia Year 2007 No. 82, Supplement to State Gazette of the Republic of Indonesia No. 4737); CHAPTER 1 8. Government Regulation No. 76 Year 2008 (BN GENERAL PROVISIONS No. 7781 pgs 18B-22B) on Forest Rehabilitation Part One and Reclamation (State Gazette of the Republic Deliniton Business News 8117-8118/6-15-2011 1 43 GOVERNMENT REGULATIONS , Article 1 resources for man continuously. In this Forestry Minister Regulation, what is 6. Catchment Area (DTA = Daerah Tangkapan Air) meant by: is a land area receiving rain water to accommo 1. Forest and Land Rehabilitation Management Plan, date and flow it thru a certain outlet or place or hereinafter abbreviated RPRHL ( is a management allotment. plan in the context of performing RHL in accor- 7. Water Embung is a water accommodating struc dance with the authority of the Government, Pro- ture in the form of pond functioning to accom vincial Government and Regency/City Government modate rain water /infiltration water on a piece of according to prevailing statutory regulations. 2. Natural Reservation is a forest with a certain spe cific characteristic having its main function as pro tection of life support system, preservation of the variety of plants and animals, and everlasting uti lization of biological resources and its ecosystem. land as source of water to meet requirements in dry season. 8. Conservation Forest is a forest zone with certain characteristics having its main function to pre serve the variety of plants and animals and its ecosystem. 3. River basin, hereinafter referred to DAS (.= ), is a I 9. City Forest is a unit of ecosystem in the form of land area being a unit with a river and its tributar ies having a nature to accommodate, store, and channel water from rainfall to lakes or the sea naturally where its border on land is a topographic border and border at sea is until waters still af fected by land activities. 4. Priority River Basin (DAS) is a DAS which based on the condition of land, hydrology socio-econo my, investment and policy on the development of the area, it is required to give priority for its han dling 5. DAS Management is an effort to control inter relationship between natural resources and man in a DAS with all of his activities, with the pur area with compact and close together tree plants in a city area both state land and private land stipulated as city forest by the official having the authority. 10. Mangrove Forest is a specific tropical coast veg etation community, growing and developing in tidal areas, particularly in lagoons, river estuar ies, and coasts protected from mud substrate or sandy mud and characterized by the presence of types of Avicenia spp. (Api-api), Soneratia sPP. (Pedada), Rhizopora spp. (bakau), Bruguiera spp. (Tanjang) Lumnitzera excoecaria (Tarumtum), Xylocarpus spp (Nyirih), Anisoptera and Nypa fructi —I cans (thatch palm). pose of managing the perpetual and harmony of 1 11 .Coastal forest is a vegetation community grow etcAlsV) 'anti *Increase the utility of natural ing in border coasts with various kinds of trees 44 Business News 8117-811816-15-2011 • . '• • ••• GOVERNMENT REGULATIONS „I among others : Casuarina equisetifolia (Sea Pine), Terminalia catappa (Ketapang), Hibiscus tiliaceus (Waru), Cocos nucifera (coconut) and Arthocar 1 pus altilis (jackfruit/cempedak). 12. Community Forest is forest growing on land borne with ownership right there-to or other rights on condition that its width is of a minimum of 0,25 ha, covered with three plants and other plants of more than 50 %. 13. Swamp forest is an area in a forest zone that is not productive indicated with potential commer cial trees less than 20 m3/ha. 14. Cultivation zone is an area stipulated with its ment of a piece of terrain on its use (vegetative and/or civil technique) in accordance with the abil ity of the terrain and treat it in accordance with required conditions so as not to cause damages to the land, enabling it to support life perpetually. 20.Critical terrain is a terrain within and outside of a forest zone undergoing damages, making it to lose its functions or to diminish up to a stipulated or expected level. 21. Bio-pore Absorption Holes are holes in the ground formed due to various activities of organisms in side, such as worms, plant roots, termite and oth er ground fauna . main functions for cultivation based on the condi- 22. Maintenance of plants is treatment on plants and tion and potential of resources natural resources, its environment in a certain area and time so that human resources and artificial resources. the plants grow healthy and having a quality in 15. Seasonal plant cultivation zone is a cultivation accordance with stipulated standard of products. zone planted with annual plants / seasonal plants 23.Planting of reforestation enrichment is an activity particularly food plants. to add trees in a swampy forest having stands in 16. Annual plant cultivation zone is a cultivation zone planted with annual plants, among others perma nent production forests, plantation, fruit plants. 17.Forest zone is a certain area appointed and/or stip ulated by the Government to be maintained as of its existence as permanent forest. 18. Protected zone is a zone stipulated as of its main function to protect perpetual living environment covering natural resources, artificial resources and historical and cultural value of the nation for the interest of a continuous development. 19.Conservation of ground is an effort on the allot the form of young trees, stakes, poles and trees as of 200-400 pieces/ha, with the purpose of add ing the value of forest stands both in quality and quantity according to its functions. 24.Enrichment planting of community forest is an activity to add young trees on a terrain having stands in the form of young trees, stakes, poles and poles 200-250 pieces/ha, with the purpose of adding the value of stands both in quality and quantity according to its functions. 25.Reforesting is a RHL activity performed outside of a forest zone. Business News 8117-8118/6-15-2011 1 45 GOVERNMENT REGULATIONS 26. Environment reforesting is an effort on greening a terrain thru planting in parks, green belts, yards of religious places, offices, schools, settlement, river lines. 27. Rehabilitation of forest and terrain (RHL) is an effort to restore, maintain and improve forest and terrain functions so that its support power, pro ductivity and role to support life supporting sys- • tem can be maintained. 28. Reforestation is an effort to plant kinds of trees forest in a damaged forest zone in the form of empty/open terrain, tall, course grass or brushes and swampy forests to restore forest functions. 29.Rehabilitation of mangrove forest and coast line is an effort to restore the functions of mangrove forests and coastal forests encountering degrada tion, to a condition deemed to be good and able to bear the functions of ecology and economy. 30.Coast line is an area along a coast having an im portant benefit to maintain the preservation of functions of coast with a width proportional with the form and physical condition of the coast in a minimum of 100 meters from the highest tide inland. 31.Sub-DAS is a part of DAS receiving rainwater and tioning as a place to accommodate rainwater fall ing on house roofs or Watertight areas air and to absorb it into the ground. 33. DAS Water Order is a relationship on the unity of individual hydrological elements covering rain, river flow, absorption and evapo-transpiration and other elements affecting the balance of water of a DAS. 34. Coast Area is a transitional region between land and sea ecosystem affected by changes on land and the sea. 35. National Park Chore Zone is a part of a Nation al Park absolutely protected not allowed to be changed on anything by man activities, except for the purpose of research, science and education. 36. Minister is the Minister in charge of duties and responsibilities in the aspect of forestry. 37. Director General is the Director General in charge of duties and responsibilities in the aspect of the Rehabilitation of Forestry Terrain and Socio-for estry. Part Two Purpose and Objective Article 2 flow it thru tributaries to a main river where every Objective of this guideline are: DAS are divided wholly into Sub-DASs. a. to provide direction for parties that have the com 32.Water Absorption Well is a technical engineering petence in the compilation of Management Plan on on the conservation of water in the form of struc- the Rehabilitation of Forest and Terrain (RPRHU. tures constructed as such so as to be similar to b. to provide a management plan to manage the per the form Qf (lug %lett NNW) a certain depth func- formance of RHL activities based on DAS RTkRHL 46 Business News 8117-8118/6-15-2011 GOVERNMENT REGULATIONS (including mangrove, coastal forests, swamps and turf), management of forest and potential of re sources (manpower, means and infrastructures, and funds) in each Regency/City area and forest zone. Article 3 The purpose of this guideline is: a. so that compilation process can be carried out properly and compiled RPRHL documents can be implemented in accordance with the condition of the location/area of coverage. b. so that the rehabilitation of forest and terrain can be carried out correctly and able to yield products expected in the recovery of forest and terrain, control of erosion, abrasion, intrusion and sedi mentation, development of water resources, and development of institutions. Part Three Scope of RPRHL Article 4 Scope of this regulation is: a. Method of Compilation; b. Content of RPRHL; and c. Procedure of Compilation Article 5 (1) RPRHL Compilation method covers: a. Stipulation of RPRHL Compilation Area; b. Establishment of RHL Management Smallest Unit (UTP RHL); c. Mapping of RPRHL compilation area; d. Sharpening of Analysis; e. Stipulation of Kind of Activities. (2) Flow diagram of RPRHL compilation method is as set forth in Attachment 1 of this Regulation Paragraph 1 Stipulation of RPRHL Compilation Area Article 6 Stipulation of RPRHL Compilation Area shall be in accordance with its governing border, i.e. regen cy/city administration area for protected forests the management there-of is by the Regency/City Govern ment, Production Forest and outside of forest zones, and governing area for conservation forests /Large Forest Parks. Article 7 (1) In the event there is still no Governmental ad ministration border, stipulation of RPRH or RPRL compilation area shall be made by overlaying RT kRHL-DAS map with the map of the administra CHAPTER II tion Government the forest zone. RPRHL COMPILATION METHOD AND CONTENT (2) Product of overlaying the map referred to in para Part One graph (1) shall be used to determine the target Compilation Method area of the compilation of RPRHL in accordance Business News 8117-811816-15-2011 1 47 " GOVERNMENT REGULATIONS -77" with its management authority, and further to be set forth in the form on Table 1, for RPRHL Pro duction Forest, Protected forests, and outside of the zone and the form in Table 2 for RPRH for Conservation Forest, set forth in Attachment 2 of this Regulation. (3) Compilation of RPRHL areas of mangrove, coast line, swamps and turf, shall refer to RTkRHL-DAS in its area. Paragraph 2 Establishment of RHL Management Smallest Unit (UTP RHL) Article 8 (1) RHL activities are performed by using DAS as management unit. (2) DAS as RHL management unit referred to in para graph (1) is divided into micro water-sheds being hydrological ecosystem units. (3) Each Micro DTA (micro watershed) shall have a nationwide identity (ID). (4) The Micro DTA (micro watershed) referred to in paragraph (2) that are targets of Priority I RHL and RHL Priority II RHL (Selected Land Mapping Unit LMU) shall be used as UTP RHL. (5) National identity of Micro DTA is stipulated by the Director General. Article 9 to be continued (D) General Manager/Business Manager : Taufik Sumawinata Editor in Chief : Taufik Sumawinata English Edition : Wednesday and Friday, Except holidays Managing Editor : Arisanto Correspondents : Expert from Business & Indonesia Edition : Monday, Wednesday and Friday, Except holiday Scientific world Published/Printed by : PT. Business News, Member of SPS/SGP Subcription : In the city Rp150,000/ Outside city/by Mail Rp180,000/ Address : JI. Puri Kencana No. 38 month plus VAT Jakarta Selatan 12410 .. Circulation : 759 20 117, 759 20 118 Press Publication License (SIUPP) Fax : 769 55 07 No. 012/SK/MENPEN/SIUPP/F.5/1985, November 19, 1985 Documentation : 759 20 116 www.businessnews.co.id New subscriber : Minimally 3 (three) months, without restitution ISSN 1410 - 2501 ... The copyright of Business News Bulletin, is protected by the Law, Everybody is prohibited from multiplying the content partly or wholly in whatever form and means, mechanically or electronically including copying, without prior written permit of the publisher. Reproduction of any part only by agreement 48 Business News 8117-8118/6-15-2011 a. Policies and strategy; b. Institution; c. Funding; d. Supporting activities; e. Timing; and f. Monitoring and evaluation. Part Two RPRHL Paragraph 1 General Article 23 RPRHL shall at least cover: PROCEDURE FOR THE COMPILATION OF MANAGEMENT PLAN ON THE REHABILITATION OF FOREST AND LAND (Forestry Minister Regulation RI No. 37/MENHUT-V/2010, dated August 6, 2010) [Continued from Business News No. 8117-8118 pages 42-48] 32 Business News 8120-8121/6-22-2011 . GOVERNMENT REGULATIONS Paragraph 2 Policies and Strategy Article 24 (1) Policies referred to in Article 23 letter a shall be used as guidelines in the performance, develop ment of activities to achieve targets. (2) Policies referred to in paragraph (1) among others are a. policy on developments in the aspect of RHL, b. policy on funds, c. policy on operations. Article 25 (1) Strategy referred to in Article 24 shall be used to optimize competitive resources in the achieve ment of targets. (2) Compilation of strategy can be made by using SWOT analysis or other analysis methods. (3) Criteria for the stipulation of strategy to be ap plied covers: a. Effective in the achievement of targets; b. Cheap cost / efficient; c. Practical performance; and control of resources for RHL activities, both apparatus and the community, preparation of organizations of the Government/community/ farmer groups, preparation of institutions among stakeholders, and formulation of order of work relationship between work units and its perfor mance. (2) Development of the institutions referred to in paragraph (1) shall be directed to organization, human resources, authority and order of work re lationship in every dimension of the performance of RHL programs, i.e. planning, organizing, perfor mance and control. (3) In the event identification of institutions is deemed to be still weak, it is necessary to exercise efforts on developments with the purpose of improving the quality of existing institutions. (4) Institutions referred to in paragraph (1) cover both Government and non-Government institutions. (5) Activities in the context of the establishment of institutions shall be broken down for each year for five (5) years in accordance with the term of RPRHL, with the type of activities pursuant to the Institution Establishment Plan set forth in RTkFiFIL DAS. Paragraph 2 Institution Paragraph 3 Article 26 Funding and Timing (1) Development of RHL institutions for the next Article 27 five (5) years covers preparation of performance (1) The amount of RHL budget for the last five years l 33 Business News 8120-8121/6-22-2011 GOVERNMENT REGULATIONS from various budget sources with its realization shall be used as reference in the planning of the amount of budget for the next five years. (2) The budget plan referred to in paragraph (1) basi cally shall be an interpretation of inputs into mon ey units by using prevailing unit costs and certain assumptions. (3) Unit costs used shall be based on a product of a field study at a certain time and place and/or stipulation of the authorities. (4) Funding of RHL activities originating from APBD and other sources having the potential to fund RHL activities during the effective term of RP RHL. (5) Besides the funding referred to in paragraph (4), funding of RH activities can also originate from APBN, DBH DR, DAK in the aspect of Forestry, etc including funding of RHL by the community and partnership. Article 28 (1) Financial analysis is performed to determine the extent a program/activity can contribute a benefit greater than the cost (investment) required from the aspect of economy and improvement of the condition of the environment. (2) Financial analysis referred to in paragraph (1) is a means for the decision maker to stipulate wheth er a program/ activity is feasible or not to be per (3) Profit or benefit from a program/activity can be in the form of direct or indirect profit and cannot be valued with money (intangible), e.g. improvement of the living environment, repair of micro climate, improvement of National Stability, etc. Article 29 (1) In the compilation of RPRHL, approach on econo my feasibility is used to evaluate RH activities or programs by calculating: a. Net Present Value (NPV); b. Internal Rate of Return (IRR); c. Benefit Cost Ratio (BCR); (2) RHL financial analysis is made only for RHL plans outside of a forest zone and in production forest zones, because RHL activities in conservation for ests and protected forests are more oriented to efforts on the conservation and rehabilitation of the environment. Article 30 NPV referred to in Article 29 paragraph (1) letter a, is the difference between "present value ben efit" and "present value" of costs stated with the for mula: n (Bt - Ct ) NPV — formed. t-i ( 1 + i )t 34 Business News 8120-8121/6-22-2011 GOVERNMENT REGULATIONS where: t = age of project i = interest rate Bt = benefit (benefit of project) in year t Ct = cost ratio (costs) in year t If the value of: NPV< 1 and positive, it means that the project can be performed, because it can yield a benefit. NPV = 0: it means that the project will return ex actly as costs spent, NPV < 0 : the project can not bring any benefit, hence it is not feasible to be performed. Article 31 (1) Internal Rate of Return (IRR) referred to in Article 29 paragraph (1) letter b, is the value of discount rate ( i ) to make the NPV program/project equals Article 32 (1) Benefit Cost Ratio referred to in Article 29 para graph (1) letter c, is a comparison between bene fit and cost that had been adjusted to the present value. (2) Benefit Cost Ratio can be stated with the follow ing equation: n Bt t-i ( I + t )t B/C = n Ct t-i ( 1 + i ) t If B/C value > 1, the program/project is feasible to be performed. If B/C value < 1, the program/project is not fea sible to be performed. to zero. (2) NPV can be stated with the following equation: n Bt - Ct (3) To support financial analysis on RPRHL program/ activities, data and information supporting the analysis are required, among others: a. overall description of RPRHL activities (in the NPV = 6 t-i ( 1 + IRR )t — 0 forest zone within a regency/city area). b. details of costs for each year for every pro posal on proposed RHL activities. (3) In the event IRR value > social discount rate, the c. details of value for each year for each kind of program/project is feasible to be performed, and seasonal, annual farming business, and com if IRR value < social discount rate, the program/ bination thereof for every proposal on RHL ac activity is not feasible to be performed. tivities. Business News 8120-8121/6-22-2011 1 35 GOVERNMENT REGULATIONS Article 33 (1) Physical activities of RHL, development of institu tions, and supporting activities besides having to be broken down into annual timing, shall also be described as of costs required for each type of activities. (2) Table of details of timing and costs of activities is set forth in Attachment 6 of this Regulation. (5) Elements to be monitored cover physical progress or development of works, among others plants, conservation structure of land, means and infra structures supporting RHL activities and matters arising in the performance of activities to be used as input in the formulation of efforts for its han dling. Article 35 Paragraph 3 (1) Evaluation is a process to evaluate final products Monitoring and Evaluation of a phase of an activity with the purpose of im Article 34 proving efficiency and effectiveness, and to pro (1) Monitoring and evaluation is a series of activities vide input for the perfection of activity plan in the of control program. future. ' (2) Monitoring activities are exercised to obtain data (2) Evaluation of RHL program/ activities cover evalu and information on the performance of rehabilita ation of output, outcome and impact. tion. (3) Evaluation output of RHL activities shall be per (3) Evaluation activities are exercised to evaluate the I formed with targets on activities and maintenance success of the performance of rehabilitation, car in the current year. ried out periodically. (4) Activities referred to in paragraph (3) cover: (4) In the stipulation of monitoring and evaluation a. Assessment of plants: conformance with plan, matters required are: technical design, width of area, amount and a. Monitoring and Evaluation Team/Performer; b. Time for the performance of monitoring and kind of plants, percentage of plants growing evaluation; healthy and successful. c. Targets of monitoring and evaluation; b. Assessment of land conservation structure: d. Method of monitoring and evaluation to be conformance with technical design, number applied; of structures, condition (good/damaged), e. Report on the product of monitoring and eval- functions of structures (functioning/not func uation. tioning sufficiently/not functioning). 36 8121I6- News 8120-812116-22-2011 1 GOVERNMENT REGULATIONS ' (5) Evaluation of outcome of RHL activities shall be performed with UTP RHL as targets with indica tors on water order and socio culture-economy of the community. (6) The indicators referred to in paragraph (5) cover erosion, sedimentation, run-off, income of the community, dynamics of institutions, etc. (7) Evaluation of impact of RHL activities shall be performed with targets on the related UTP RHL and the surrounding area. (8) The indicator referred to in paragraph (7) shall at least cover the indicators referred to in paragraph (5). (9) Performance of evaluation of RHL activities re ferred to in paragraph (1) thru paragraph (8) shall be regulated further by the Director Gen eral. Paragraph 4 Supporting Activities Article 36 (1) Besides main activities in the form of physical ac tivities on the rehabilitation of forest and terrain, its performance also requires supporting activi ties. (2) Supporting activities referred to in paragraph (1) among others are: a. development of seed culture medium; b. technology on the rehabilitation of forest and c. prevention and handling of forest and land fires; d. enlightening; e. training; f. empowering of the community; g. management; and/or h. control. Article 37 (1) Development of seed culture medium referred to in Article 36 paragraph (2) letter a, among others are: a. Procurement of seedling; b. Management on the use of seedling/seed; c. Performance of certification sources of seed ling and quality of seedling/seed; d. Control on the circulation of seedling. (2) Development of seed culture medium referred to in paragraph (1) has the purpose to ensure the availability of forest plants seedling with a good quality. Article 38 (1) Technology on the rehabilitation of forest and ter rain referred to in Article 36 paragraph (2) letter b, among others are: a.Technology on the planning and monitoring the evaluation of RHL; terrain; b.Technology on the performance of RHL. 37 Business News 8120-8121/6-22-2011 (2) Technology on the rehabilitation of forest and ter to be parties concerned with the preservation of rain has the purpose to increase the effectiveness forest and land functions. and efficiency of the performance of RHL activi- (2) Target of enlightening is all of the living commu ties in the field. nity and its life related with the preservation of (3) Technology on the planning and monitoring of RHL evaluation referred to in paragraph (1) let ter a among others are development information technology i.e. preparation of human resources, means and infrastructures and method/procedure on evaluation planning and monitoring. (4) Technology on the performance of RHL referred to in paragraph (1) letter b among others are de velopment of RHL technology based on commu nity wisdom and local resources. forest and land, both having a direct and indirect nature in the performance of RHL. (3) Enlightening is performed thru various approach es, among others training, field visits, lectures, exhibitions, distribution of brochures/leaflets/ magazines, campaigns, tournaments, discus sions, etc. (4) Training shall be provided to all performers of RHL, i.e. elements of the community, accompa nying elements and apparatus performing ele ments of activities. Article 39 (1) Prevention and handling of forest and land fires referred to in Article 36 paragraph (2) letter c has the purpose to secure activities and products of plants from dangers of forest and land fires. (2) Prevention and handling of forest and land fires referred to in paragraph (1), among others are by making warning boards on danger of fire, fire con trol towers and routine patrols. Article 40 (1) Enlightening referred to in Article 36 paragraph (2) letter d, is an informal education having the purpose to change the attitude of the community Article 41 (1) Training referred to in Article 36 paragraph (4) let ter e, among others are training on: a. technique; b. institutions; and/or c. administration. (2) Training referred to in paragraph (1), has the pur pose to increase the understanding of the com munity on matters concerning technical, institu tions, and administration of RHL. (3) Training shall be provided to all performers of RHL, i.e. elements of the community, accompa nying elements and apparatus performing ele ments of activities. 38 Business News 8120-8121/6-22-2011 Article 42 (1) Empowering of the community referred to in Ar ticle 36 paragraph (2) letter f, among others are: a. Full management of donation/aid for RHL; b. Provision of incentives; c. Provision of access/legality; d. Development of partnership; (2) Empowering referred to in paragraph (1) has the purpose to improve the ability and autonomy of the community to gain optimum benefit from for est and land resources. Article 43 (1) The management referred to in Article 36 para graph (2) letter g, among others are management of technical apparatus and local village apparatus related with RHL activities. (2) The management referred to in paragraph (1) has the purpose to improve the understanding of the apparatus and technical ability to support RHL ac tivities in their area. apparatus and community performing RHL activi ties. Article 45 Supporting activities referred to in Article 36 thru Article 44 are performed proportionally by con sidering the ability of available budget. CHAPTER III PROCEDURE COMPILATION Article 46 RPRHL shall be compiled based on RTk RHL DAS, area administration, forest management plan and potentials of available resources (manpower, means and infrastructures and funds). Article 47 (1) RPRHL consists of: a. Rehabilitation Management Plan of forest zone (RPRH). b. Rehabilitation Management Plan of land (RPRL). (2) RPRHL shall be compiled by using DAS/Sub DAS analysis units, for a term of five (5) years. Article 44 (1) Control referred to in Article 36 paragraph (4) let ter h, among others are control of functions of the central and region. (2) Control referred to in paragraph (1), has the pur pose to improve order, obedience on statutory Article 48 regulations and to improve the performance of (1) RPRH for Conservation Forests shall be compiled 1 Business News 8120-8121/6-22-2011 39 and stipulated by the Minister attn. the Director General. (2) RPRH for Production Forests and Protected For ests are compiled and stipulated by the Regent/ Mayor, except for work areas of Perum Perhutani and for forest zone areas permitted to be used. (3) On forest zone in work areas of Perum Perhutani, RPRH on Production Forest and Protected Forests are compiled and stipulated by the Board of Direc tors of Perum Perhutani in the context of regulat ing the preservation of forests/companies. (4) For Protected Forests and Production Forests where its management authority is at Province scale, RPRH are compiled and stipulated by the Governor. (5) Permit for the use of forest zone area is regulated with a separate Minister Regulation. Article 49 RPRL is compiled and stipulated by the Regent/Mayor. Article 50 Compilation of RPRHL covering a regency/city ad ministration area and forest zone administration area, shall cover strategy and policies, location, kind of ac tivities, institutions, funding, and timing plan for five (5) years. Article 51 (1) RPRHL of Production Forests not borne with right/ zones shall be stipulated by the Regent/Mayor. (2) RPRH of Conservation Forests is stipulated by the Director General PHKA for the Forestry Minister. (3) In order to perform the provisions referred to in paragraph (1) and paragraph (2), it shall be com piled with the following procedure: a. RPRH Production Forest (not borne with right), Protected forests, RPRL and Tahura the man agement thereof are with the Government of a Regency/City is compiled by a Team appoint ed and stipulated by the Regent/Mayor. b. Compiling Team consists of Orienting and Per forming Teams. The Orienting party is the Re gent/Mayor, the Performing Team is headed by the Head of Regency/City Bappeda, with members from the related Services/Agencies, experts from Universities/ LSM. Secretary of the Performing Team is the Head of Sub-Ser vice in charge of Forestry in the Regency / City. c. Before being legalized by the Regent/Mayor, it shall be evaluated firstly by the Head of DAS Management Board and approved by the Head of Service in charge of Forestry in the regen cy/city. d. During the compilation process, BPDAS is obligated to exercise supervision so that the compilation of RPPRHL does not deviate from the stipulated RTk-RHL. e. Compilation of RPRH of Production Forests permit, protected forests and outside of forest borne with right shall be the responsibility of 40 Business News 8120-8121/6-22-2011 GOVERNMENT REGULATIONS the holder of permit/right, and shall be set forth in its forest management planning (such as Five Year Work Plan / RKL). f. For production forest zones and protected for ests in provinces, RPRHL is compiled by the Service in charge of Province Forestry, assess ment by the Head of DAS Management Board, approval by the Head of Service in charge of Forestry in the Province and legalization by the Governor. (4) RPRH for Conservation Forests shall be compiled by a Team established by the Head of Technical Echelon-III official of Province Forestry Service in charge of forestry/planning. Assessment shall be by BPDAS and legalization by the Governor. CHAPTER IV CLOSING PROVISIONS Article 52 (1) Management Plan on the Rehabilitation of Forest and Land (RPRHL) is provided in the form of book in the format set forth in Attachment 7 of this Regulation. Performing Unit having the duty in charge of the (2) Compilation of RPRHL referred to in paragraph (1) related Conservation Forest. The Team consists shall be completed on December 31, 2011 at the of related services / agencies, experts from Uni versities / LSM. RPRH of Conservation Forests having been compiled by the Team shall be as sessed by the Head of BPDAS and Head of UPT PHKA, and legalized by the Director General of PHKA on behalf of the Minister. (5) During the compilation process, BPDAS has the obligation to exercise supervision. (6) RPRH for Province Tahura is compiled by a Team established by the Governor. (7) Compiling Team consists of Orienting and Per forming Teams. (8) The Orienting Team is chaired by the Head of Province Bappeda, the Performing Team is chaired by the Head of Province Forestry Service, with members from related Services/Agencies, experts from Universities/LSM. Secretary of Team is an latest. Article 53 This Forestry Minister Regulation commences to come to effect from the date of enactment. For public cognizance, this Forestry Minister Regulation shall be announced in the State Gazette of the Republic of Indonesia. Stipulated in Jakarta On August 6, 2010 FORESTRY MINISTER THE REPUBLIC OF INDONESIA, sgd. ZULKIFLI HAS AN Business News 8120-812116-22-2011 1 41