Government Regulation on Game Hunting Affairs (No. 13 of 1994)

PRESIDENT OF THE REPUBLIC OF INDONESIA GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA NO. 13 / 1994 DATED APRIL 16, 1994 RE GAME HUNTING AFFAIRS TUB PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering : a. that animals constitute part of invaluable natural resources the continuance of which must be maintained so that they shall not perish because of hunting activities; b. that on the basis of the above considera tion and as the implementation of Law No. 5/1990 on the Conservation of Biological Natural Resources and their Ecosystem, hunting activities must be regUlated in a Government RegUlation; Bearing in mind : 1. Article 5 paragraph stitution; (2) of the 1945 Con 2. Act No. 20 Prp/1960 on the Licensing Auth~ rity Given in accordance with the Laws on Firearms (State Gazette No. 62/1960, Sup plement to State Gazette No. 1994); 3. Act No. 5/1967 on Basic Stipulations on Forestry (State No. 8/1967, Supplement to State Gazette No. 2823); 4. Act No. 5/1974 on the Principles of Admi nistration in Regions (State Gazette No. 68/1974, Supplement to State Gazette No. 3037); 5. Act No. 4/1982 on Basic StipUlations on the Management of the En vi ronment (State Gazette 407 CAFI18 / 11-2-1995. No. 12/1982, Supplement to State No. 3215); Gazette 6. Act No. 5/1990 on the Conservation of Bio logical Natural Resources and their Eco system (State Gazette No. 49/1990, Supple ment to State Gazette No. 3419); 7. Act No. 9/1990 on Tourism (State No. 78/1990, Supplement to 'State No. 3427); 8. Act No. 24/1992 on Spatial Layout Gazette No. 115/1992, Supplement Gazette No. 3501); HAS DECIDED Gazette Gazette (State to State To stipulate : THE GOVERNMENT REGULATION ON GAME HUNTING AF FAIRS. CHAPTER I GENERAL PROVISIONS Article 1 Referred to this Government Regulation as : 1. Hunting is catching and/or killing game including taking or transferring eggs and/or the nests of the game; 2. Hunting affairs are everything connected wi th"hunti:.ng ac tivities; 3. A hunter is a person or a group of people performing hunt ing activities; 4. Game is certain wild life which according to stipUlation may be hunted; 5. A game park is a forest area stipUlated as a place where hunting may be carried out regularly; 6. A hunting garden is a piece of land outside a forest area managed for hunting activities by a business company on the basis of a certain right; 408 CAFI 18 / 11-2-1995. 409 7. The management of a hunTing garden and a hunting park is an activity to operate hunting and provide hunting facili ties and infrastructure; 8" A hunting Jround is an area outside a hunting park and a hunting garden where game is found and where hunting may be operated; 9. A hunting season is a particular time which is stipulated by the Minister or by an official he assigns and when hunt ing activities may be carried out; LO. !\ hunting act is an authentic act stating that someone pas sesses/masters a capability of and skills for game hunting~ 1.1. A Hunting License is a letter given by the Minister of by an official he assigns mentioning the granting of a right for hunting to a person whose name is specified in it; l2. Hunting yield is what is obtained from hunting activities in the form of game, either dead or alive, or its parts; ]3. A hunting park business license is a license allowing one to do business in hunting activities and in hunting faci lities and infrastructure in a hunting park; 14. A hunting garden business license is a license allowing one to do business in hunting activities and in hunting facilities and infrastructure in a hunting garden; 15. A levy on hunting act is the levy imposed on someone for the procurement of a hunting act as replacement for admi nistration costs; 16. A levy on hunting license is the levy which is imposed on a holder of a hunting license and the amount of which is in accordance with the amount and kinds of the game per mitted to be hunted; 17. A levy on a hunting park business license is the levy im posed on a candidate holder of a hunting garden business license; 18. A levy on a hunting garden business license is a levy im posed on a candidate holder of a hunting garden business I Lc e n s e , i. \F] J 8 / 11 - 2- 1995• 19. Contribution of hunting business proceeds is the contribu tlon imposed once a year on the business proceeds procur= ed by a holder of a hunting park business license or a hOlder of a hunting garden business license; 20. The Minister is the Minister responsible for forestry af fairs. Article 2 Game hunting is carried out on the basis of the principle of the continuance of benefit with account taken of the popula tion, the supporting capacity of the habitat and the balance of the ecosystem. CHAPTER II GAME, HUNTING SITE AND SEASON First Part Game Article 3 (1) Basically, game is wildlife which is not protected; (2) In certain cases, the Minister may stipulate a protected animal as game. (3) The game as referred to in paragraph gorized as follows; a. birds; b. small game; c. big game: (1) shall be cate (4) Further stipulation on the categorization of game as re ferred to in paragraph (2) shall be laid down by the Minister. Article 4 (]) The amount of game for each hunting site is determined on the basis of the population condition and its growth rate. (2) Further stipulation on the procedure under which the amount of game is determined is laid down by the Minis ter. Article 5 \1) Wild life from other regions within the territory of the Ropublic of Indonesia may be put in a hunting park and a hunting garden and utilized as game. 410 18 / 11-2-1995. (2) The entry of wild life as referred to in paragraph (1) shall be conducted under the following conditions; a. Not causing the extinction of the population; b. Consolidating the existing ecosystem; c. Giving priority to the kind of animal whfch was/is still found around the forest area concerned. (3) Further stipulation on the entry of wild life as referred to in paragraph (1) shall be laid down by the Minister. Second Part Hunting Site and Season Article 6 (1) A hunting site may be : a. A Hunting Park; b. A Hunting Ground; c. A Hunting Garden. (2) Further stipulation on a hunting site in the hunting ground as referred to in paragraph (1) letter b shall be laid down by the Minister. Article 7 (1) Hunting in a hunting park and in a hunting ground as re ferred to in Article (6) paragraph ~l) letters a and b can be conducted only in a hunting season. (2) A hunting season is determined under the following con siderations : a. population condition and the kinds of game; b. mating season; c. a season where offspring is delivered/eggs are laid; d. the male and female comparison; e. the age of the game. (3) Further stipulation on the determination of a hunting season shall be laid down by the Minister. 411 CAFI 18 / 11-2-1995. Article 8 (1) In the event of there being a population boom of unpro tected game so that it shall turn into a pest, an act of control shall be taken through hunting. (2) Further stipulation on the procedure under which control is exercised over the situation as referred to in para graph (1) shall be laid down by the Minister. CHAPTER III HUNTING PARAPHERNALIA Article 9 (1) Hunting paraphernalia shall consist of a. hunting firearms; b. air rifles; c. traditional huntIng paraphernalia; d. other hunting paraphernalia. (2) The use of hunting paraphernalia as referred to in para graph (1) shall be adjusted to the kind of game. (3) Further stipulation as referred to in paragraph (1) and paragraph (2) shall be laid down by the Minister and by the Chief of the Police Force of the Republic of Indo nesia in accordance with their respective fields of duty. CHAPTER IV BUNTING ACT AND HUNTING LICENSE Article 10 (1) A hunting act comprises : a. an act for bird hunting; b. an act for small game hunting; c. an act for big game hunting. (2 ) To obtain a hunting act the following requirements must be fulfilled : a. aged at least 18 years; b. haVing passed a test to obtain a hunting act; c. haVing paid the levy imposed on a hunting act. 412 CAFI 18 / 11-2-1995. 413 (3) The hunting act as referred to in paragraph (1) shall an tain the following a. the identity of the hunter~ b. the validity period of the hunting act~ c. the category of the game. (4) Further stipulation on a hunting act shall be laid down by the Minister after consideration is obtained from the Chief of the Police Force of the Republic of Indonesia. Article 11 (1) A hunting act may be granted to a candidate hunter after the person concerned has passed a test to obtain a hunt ing act given by the Police Force of the Republic of In donesia along with the Ministry in charge of forestry. (2) Further stipulation on obtaining a hunting act shall be laid down by the Minister after consideration is obtain ed from the Chief of the Police Force of the Republic of Indonesia. Article 12 (1) Hunting can be conducted only after a hunter has obtain ed a hunting license. (2) To obtain a hunting license the following requirements must be fulfilled : a. in possession of a hunting act~ b. having paid the levy imposed on a hunting license. (3) The procedure as referred to in paragraph (1) and para graph (2) shall be further regulated by the Minister. Article 13 A foreign citizen hunter who has obtained a hunting act or a certificate as a hunter from his country of origin need not obtain a hunting act. Article 14 Local people conducting traditional hunting need not possess a hunting act or a hunting guide and need not pay a levy on a hunting license. CAFI 18 / 11-2-1995. Article 15 (1) A hunting license contains the following a. the number of hunting act; b. the identity of the hunter; c. the kinds and the amount of game to be hunter; d. hunting paraphernalia; e. hunting site; f. the validity period Jf hunting license; g. stipulations on prohibition and sanctions for a hunter. (2) A hunting license cannot be transferred to or used by another person. (3) Further stipUlation as referred to in paragraph (1) shall be laid down by the Minister. CHAPTER V A HUNTER'S RIGHTS AND OBLIGATIONS Article 16 (1) A hunter already obtaining a hunting license is entitled: a. to hunt at sites stipUlated in the hunting license; b. to own and carry the hunting yield. (2) Further stipulation as referred to in paragraph (1) let ter b shall be laid down by the Minister. Article 11 A hunter who has carried out hunting activities has the fol lowing obligations : a. possessing a hunting license; b. using the paraphernalia specified in the hunting license; c. reporting to the local Forestry official and Police when he is going to go hunTing and after he has finished hunt ing; d. utilizing the hunting yield obtained; e. accompanied by a hunting gUide; 414 CAFI 18 / 11-2-1995. f. hunting at a site stipulated in the hunting license; g. hunting game in accordance with the kinds and the amount stipulated in the hunting license; h. observing the security of the community and public order. Article 18 (1) The Minister of the official assigned may give an instruc tion to an officer to go hunting in the framework of : a. scientific research and development; b. pest and disease control; c. overcoming the animal-caused disturbances which en danger man's life; (2 ) d. popUlation control. The officer receiving from the Minister of the official assigned an instruction to carry out hunting activities is obligated : a. to possess a letter of instruction; b. to possess a hunting act; c. to report to the local Forestry and Police officers; d. to hunt at sites assigned in the letter of instruction; e. to hunt game in accordance with the kinds and the amount specified in the letter of instruction; f. to report the implementation of his assignment to the party issuing the letter of instruction. (3) Further stipulation on the procedure for the implementa tion of the activities as referred to in paragraph (1) and paragraph (2) shall be laid down by the Minister. Article 19 (1) The hunting yield as referred to in Article 18 paragraph (1) letter b may be living or dead animals and or their parts and/or hunted game; (2) Further stipulation as referred to in paragraph (1) shall be laid down by the Minister. 415 CAFI 18 / 11-2-1995. Article 20 (1) Hunting may not be conducted by means of : a. using a motorized vehicle or an aircraft as a stepping site; b. using explosives and/or grenades; c. using tracking animals; d. using chemicals; e. burning a hunting site; f. using other instruments to pull or herd the game in a great amount; g. using a net/a trap and a trap hole; h. using a firearm not designated for hunting; (2) In the interest of researches, the Minister may stipulate exceptions to the stipulations in paragraph (1) letters c, f and g; (3) Further stipulation as referred to in paragraph (2) shall be laid down by the Minister. CHAPTER VI BUSINESS OPERATION OF A HUNTING PARK First Part Business Operation of a Hunting Park Article 21 The business operation of a hunting park is carried out on the basis of the principle of conserving biological natural resources and their ecosystems. Article 22 (1) The business operation of a hunting park as referred to in Article 19 may be carried out by a business company ill the form of a legal entity. (2) The business operation of a hunting park as referred to in paragraph (1) shall be carried out on the basis of a license. 416 CAFI 18 / 11-2-1995. (3) The business operation of a hunting park shall be granted by the Minister after obtaining consideration from the Minister charge of tourism and the Governor / Head of First Level Region concerned. (4) Further stipulation on the procedure for the granting of the license as referred to in paragraph (3) shall be Urid down by the Minister. Article 23 (1) The business operation ofa hunting park encompasses a hunting business and the provision of hunting facilities and infrastructure. (2) The business operation of a hunting park shall not entail the right of ownership of and control over the hunting park area. Article 24 (1) The business operation of a hunting park shall be given for a maximum period of 30 years. (2) After its expiration, the period when a business opera tion is carried out may be extended. (3) Further stipulation on the procedure for the renewal of a business operation license as referred to in paragraph (1) and paragraph (2) shall be laid down by the Minister. Article 25 (1) A hunting park business operator cannot mortgage the hunt ing park area he manages. (2) The license for the operation of a hunting park business cannot be transferred to another party unless an approv al has been obtained from the Minister. Second Part Rights and Obligations of Hunting Park Operators Article 26 A hunting park business operator is entitled a. to manage activities in line with what is specified in the business operation license; b. receive compensation from visitors utilizing the services of the business he operates. 417 CAFI 18 / 11-2-1995. Article 27 A hunting park business operator is obligated a. to draw up and hand over a business working plan to the Minister; b. to carry out activities concretely within 12 months as of the granting of the right; c. to provide hunting facilities and infrastructure in line with the working plan already validated; d. to employ experts in line with the type of business acti vities managed; e. to involve the community around the hunting park in his business activities; f. to make and submit a periodical report on the implementa tion of business activities to the Minister; g. to rehabilitate the damage caused by his business activi ties; h. to guarantee the security and orderliness of visitors; i. to help maintain the continuance of the function of the hunting park and the animals in it; j. to carry out the breeding of game in the interest of the hunting business activities managed; k. to monitor and overcome the incidence of a contagious ani mal disease and a zoonosis disease and make a report on this to the authorized agencies; 1. to take part in the development of the community the hunting park. Article 28 around (1) A hunting park b~siness operator is obligated to pay a levy imposed on the hunting park business license and a contribution of the proceeds of his hunting business; (2) The stipulation on the amount of the levy on the hunting park business license and the contribution of the proceeds 418 CAFI 18 / 11-2-1995. of hunting business shall be laid down by the in charge of financial affairs. Minister Third Part Termination of Hunting Park Business Operation Article 29 (1) The business operation of a hunting park shall terminate because : a. of the expiration of the period granted; b. the license is revoked by the Minister; c. it is returned by the hunting park business operator to the Government prior to the expiration of the pe riod granted. (2) The termination of the business operation of a park as referred to in paragraph (1) shall not the obligations : a. to pay the contribution of hunting business and the obligations of other state's levies Government; hunting abolish proceeds to the b. to implement all rulings stipulated in the framework of the expiration of the hunting park business ~. Article 30 When the business operation of a hunting park as referred to in Article 29 expires, immovable hunting facilities and in frastructure in a hunting park shall belong to the state. Article 31 (1) The hunting park business operation license as to in Article 29 paragraph (1) letter b may be if the business operator : referred revoked a. does not pay the contribution of hunting business pr~ ceeds within a period of time stipulated; or b. does not carry out his activities concretely 12 months as of the granting of the license; within or c. forsakes his business prior to the expiration of the period of time granted; or 419 CAFI 18 / 11-2-1995. c. to provide hunting facilities and infrastructure in ac cordance with the validated working plan; d. to employ experts in accordance with their business acti vities; e. to involve the community around the hunting garden in his business activities; f. to make a periodical business activity report on the per formance of his business for the Minister; g. to guarantee security and orderliness for visitors; h. to monitor and overcome the incidence of contagious anliMl diseases and zoonosis diseases and report the incidence to the authorized agency; i. to fence off the entire area of his hunting garden; j. to participate in the development of the community around the hunting garden; k. to make game available. Article 38 (1) A hunting garden business operator is obligated to pay a levy on the hunting garden business license and a con tribution of his business proceeds. (2) Further stipulation on the levy and the contribution as referred to in paragraph (1) shall be laid down by the Minister after obtaining consideration from the Minister in charge of financial affairs. Third Part Termination of a Hunting Garden Business Operation Article 39 (1) The business operation of a hunting garden shall termi nate : a. owing to the expiration of the period granted; b. because the Minister revokes the license; c. if the hunting garden business operator requests that the Government terminate it before the expiration of the hunting garden business licence. CAFI 18 / 11-2-1995. (2) Expiry of the exploitation of hunting garden, as referred to in paragraph (1) shall not abOlish the obligation of the license holder to : a. settle the contribution of the proceeds of business and other state levies obligations; hunting b. implement all provisions which are stipUlated in the framework of expiry of the hunting garden business Ii C'2nse. (3) Further provisions on the implementation of paragrap~ U) and (2) shall be regUlated by the Minister. Article 40 (1) A hunting garden business license as referred to in Ar ticle 37 paragraph (1) letter b shall be revoked if the hunting garden business operator : a. does not carry out his activities concretely within 12 months as of the granting of the license; or b. abandons his business before the expiration of the p~ riod of time granted; or c. does not submit a business working plan within 6 mntlE as of the granting of the license; or d. transfers his hunting garden business license to aroth er party without the Minister's approval; or c. does not monitor and does not overcome the incidence of a contagious animal disease and a zoonosis disease and does not report this to the agency responsible ~ animal health; or f. the license hOlder rents and/or uses weapons not accordance with what is specified in the hunting cense; or in li g. does not fulfil his obligations as referred to in Ar ticle 35 letter c or letter d, or letter e, or letter f, or letter g, or letter i, or letter j, or letter k and has received three consecutive reminders from the Minister. (2) The procedure for the revocation of a business hunting license if a hunting garden as referred to in paragraph (1) shall be further stipUlated by the Minister. 421 CAFI 18 I 11-2-19S5. (3) The requirements and procedure for a license as referred to in paragraph (2) shall be stipulated by the Minister. Article 34 The operation of a hunting garden business encompasses a hunt ing business and the provision of hunting facilities and in~ frastructure. Article 35 (1) The period in which a hunting garden business is operated is given for a maximum of 30 years and can be extended. (2) The said period is given on the basis of the considera tion of the kinds of animals and the period of validity of the title on the land where the hunting garden is si tuated. (3) Further stipulation on the ruling as referred to in para graph (1) and paragraph (2) shall be laid dJwn by the Minister. Second Part Rights and Obligations of a Hunting Garden Business Operator Article 36 (1) A hunting garden business operator has the following rights : a. managing activities in accordance with the field of business specified in the hunting garden business li cense. b. receiving a reward from visitors using the prOVided; c. imposing a levy on hunting yields. services (2) Further stipulation on the amount of the levy on hunting yields as referred to in paragraph (1) letter c shall be laid down by the Minister. Article 31 A hunting garden business operator is obligated : a. to draw up and submit a business working plan to the Mi nister; b. to carry OJt activities concretely within 12 months as of the granting of the right; 422 CAFI 18 / 11-2-1995. d. does not submit a business working plan within 6~ as of the granting of the license; or e. transfers the hunting park business operation license to another party without the Minister's approval; or f. does not monitor and does not overcome the incidence of an animal disease and a zoonosis disease and does not report this incidence to the authorized agencies; or g. rents and/or uses weapons not in accordance with what is stipUlated in the hunting license; or h. does not fUlfil the obligations as referred to in Ar ticle 27 paragraph (1) letter c, or letter d, or let ter e, or letter f, or letter g, or letter h, or let ter i, or letter j, or letter 1 and has rece 1. ved a written warning for three times from the Minister. (2) The procedure for the revocation of the hunting park busi ness license as referred to in paragraph (1) s~all be further stipUlated by the Minister. CHAPTER VII BUSINESS OPERATION OF A HUNTING GARDEN First Part Business Operation of a Hunting Garden Article 32 (1) The operation of a hunting garden business is based on a business principle without abandoning the principle of the conservation of b i.o Loq i.c a I natural resources and their ecosystems. (2) Hunting in a hunting garden is possible only for hunting sports and/or for a hunting trophy. Article 33 (1) The business operation of a hunting garden can be imple mented by a business company in the form of a statutory body. (2) The license for the operation of a hunting garden busi ness shall be granted by the Minister after obtaining tie consideration from the Governor/Head of First Level Re gion concerned. CAFI 18 / 11-2-1995. Chapter VIII ... To be continued 423 CHAPTER VIII SUPERVISION Article 41 (1) Supervision of the activities of game hunting shall be conducted by the Minister. (2) The supervision as referred to in paragraph (1) shall be implemented in coordination with relevant Government ~ cies. Article 42 (1) Supervision of game hunting is aimed at controlling hun! ing activities so that hunting shall run pursuant to pr~ vdiling laws. (2) Further stipulation as referred to in paragraph (1) shall be laid down by the Minister. CHAPTER IX SANCTIONS Article 43 (1) A hOlder of a business license for a hunting park which does not rehabilitate the damage as referred to in Ar ticle 25 paragraph (1) letter g and or causes damage to a hunting park because of his activities shall be oblig~ ted to pay compensation in accordance with the serious ness and intensity of the damage caused. (2) The compensation as referred to in paragraph (1) shall not abolish a criminal charge against the violation com mitted pursuanT to the prevailin3 laws. CHAPTER X CLOSING PROVISION Article 44 With the enforcement of this Government Regulation : 1. Jachtverordening Java en Madoera 1940 (Staatsblad No. 247/ 1940 jo Staatsblad No. 51/1941) which has been amended by Government Regulation No. 22/1952; CAFI 19 / 14-2-1995 450 2. Jachtverordening Java en Madoera 1941 (Staatsblad No. 57/ 1941) . are declared null and void. Article 45 This Government Regulation shall take effect as of the date of promulgation. For public cognizance, this Government Regulation shall be promulgated by publishing it in the State Gazette of the Re public of Indonesia. Stipulated in Jakarta On April 16, 1994 THE PRESIDENT OF THE REPUBLIC OF INDONESIA sgd. S 0 E H ART 0 Promulg~ted in Jakarta On April 16, 1994 THE STATE MINISTER/STATE SECRETARY sgd. MOE R D ION 0 STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 1994 NUMBER 19 451 CAFI 19 / 14-2-1995 PRESIDENT OF THE REPUBLIC OF INDONESIA THE ELUCIDATION o N GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA NO. 13 I 1994 ON GAME HUNTING AFFAIRS General The Indonesian people are endowed by the One and God a fatherland rich with biological natural resources their ecosystem, inter alia fauna of great variety. Only and To conserve the natural resources in the form of wild life, Law No. 5/1967 on the Basic Stipulations on Forestry and Law No. 5/1990 o~ the Conservation of Biological Natural Resources and their Ecosystem stipulate inter alia that wild life shall be utilized for hunting and its implementation must be regUlated in a law which pay heed to the objective already set forth in the said Laws. At present game hunting does not run regularly and there is still of lof of cases involving unlicensed game hunting, posing a threat to the continuity of wild life. Such hunt ing practices obviously contradict the principle of the con servation of biological natural resources and their eco system. On the other hand, in keeping with the progress of develop ment and improved welfare of the community, the community's interest in hunting is increasing so that efforts must be made to accommodate and anticipate this by prOViding land which can be professionally managed as hunting grounds in the form of hunting parks and hunting gardens. Most of the laws regulating hunting affairs, which are of diverse kinds, are the legacy of the colonial administra tion ~nd are no longer compatible with the level of legal de velopment and the necessity of the Indonesian nation. CAFI 19 / 14-2-1995 452 In view of the above, it is deemed necess~ry to re~ regulate hunting affairs in the entire territory of the Republic of Indonesia to guarantee the implementation of Law No. 5 /1990 and as the replacement and improvement of Jachtverordening Java en Madoera 1940 (8tbl. 1940 No. 247) and Jachtverorden ing Java en Madoera 1941 (8tbl. 1941 No. 57). The aim and objective of this Government Regulation on Game Hunting Affairs is that game hunting shall be regulated in such a way that game and its habitat shall not go to ex tinction and therefore it shall in its continuity provide tie greatest benefit to people's welfare. ARTICLE BY ARTICLE Article 1 Figure 1 Self explanatory Figure 2 Self explanatory Figure 3 Included in the definition of hunter is a foreign hunter. In terms of their interest, hunters can be divided into three groups of hunters namely hunters who hunt. a. for sports (sports hunters); b. for a trophy (trophy hunters); c. to utilize the yield of the game either dead or alive, among other things to obtain meat (meat hunters), what the game produces or parts of the game. An officer who receives an instruction from an authorized official to undertake hunting activi ties shall not be included in the definition of hunter. Figure 4 Certain game is wild life of certain kinds and qua~ tity which may be hunted every hunting season. 453 CAFI 19 / 14-2-1995 Figure 5 A forest area which serves as a hunting park shall be stipulated by the Minister. Figure 6 Self explanatory Fig'ure 7 Self explanatory Figure 8 A hunting ground may be a protected forest, a limit ed production forest, a permanent production forest, a convertible production forest, other 8tate -owned land and privately owned land. Figure 9 A particular time is the time beyond the time when the game mates, conceives/lays eggs, giving milk tol looking after the offspring. Figure 10 The capability and skills for game hunting includes among other things hunting techniques, knowledge of game, hunting paraphernalia and knowledge of the laws related to game hunting. Figure 11 Self explanatory Figure 12 Self explanatory Figure 13 Self explanatory Figure 14 Self explanatory Figure 15 Self explantory Figure 16 Self explanatory CAFI 19 / 14-2-1995 454 Figure 17 Self explanatory Figure 18 Self explanatory Figure 19 Referred to as hunting business proceeds are the in come of the company concerned from his hunting busT ness. Figure 20 Self explanatory Article 2 Self explanatory Article 3 Paragraph (1) Self explanatory Paragraph (2) The Minister may atLpu l.a t.e d protected animals as gcJre in the f.ramewor.k of controlling pests, nurturing po pulation, developing the habitat, conducting genetiC" research and development and genetic engineering obtaining animals specially intended for breeding and utilizing breeding output. Paragraph (3) Letter a Referred to as birds shall also be fowls with a wild character. Letter b Self explanatory Letter c Self explanatory Paragraph (4) Self explanatory 455 CAFI 19 / 14-2-1995 Article 4 Paragraph (1) In the framework of being informed about animal po pu Lat.Lori and the growth rate this population, stock taking shall be conducted on the animals' kinds, quantities, sex, mating season, birth-giving/egg laying and age. Referred to as the quantities of the game shall be the quantities and the kinds of animals which Cdn be hunted. Paragraph (2) Self explanatory Article 5 Paragraph (1) Self explanatory Paragraph (2) The entry of game from other territories in the Re public of Indonesia into hunting parks and hunting garden must be regulated in order to prevent gene tic population and maintain the existing ecosystem. The regulation to be conducted shall consider among other things : a. the location of hunting parks and hunting gardens with respect to the surrounding areas; b. the possibility of fencing off the area; '-- . the possibility of the integration of the said game. Paragraph (3) Self explanatory Article 6 Paragraph (1) Self explanatory Paragraph (2) Referred to as a hunting site is a place within a hunting ground where hunting can be conducted for a cert.ain period. Article 7 TO BE CONTINUED CArl 19 ! 14-2-199S 456 Art.icle 7 regard park park the Paragraph (1) A hunting season is aimed at preserving the continui ty of the said game. The determination of a hunting season in a hunting garden shall not be conducted by the Minister of by the official he assigns but by the holder of the hunting garden license. The determination of a hunting season with to game obtained from breeding in a hunting shall be conducted by the holder of a hunting business operation license in accordance with directive of the Minister. Paragraph (2) Self explanatory Paragraph (3) Self explanatory Article 8, Paragraph (1) Referred to as popUlation boom is abundant availabi lity of wild life all of a sudden so that the quan= tit~es shall exceed the habitat's supporting capac! ty. The act to control wild life which has turned into a pest must be taken in such a way that the balance in the ecosystem shall not be disrupted. Wild life shall be declared a pest if the disturb ance exerted by the wild life is economically disa9 vantageous to agriculture. In the event of there being a population boom of protected wild life so that it shall turn into a pest, further regUlation shall be conducted in a separate Government RegUlation. Paragraph (2) Self explanatory Article 9 Paragraph (1) Letter a Referred to as hunting firearms are firearms which are particularly used for hunting other than the Organic weapons of the Armed Forces of the Republic of Indonesia. 458 CAFI 20 / 16-2-1995. Letter b Self explanatory Letter c Referred to as traditional hunting parapherna lia shall be instruments which are commonly used by traditional hunters, amo~g other things: snares, traps, nets, spears, bows and arrows and blowpipes. Letter d Other hunting paraphernalia shall include me chanican bows and arrows, anaesthetizing weapons and instruments whereby birdsnests are taken. Paragraph (2) Self explanatory Paragraph (3) Self explanatory Article 10 Paragraph (1) Self explanatory Paragraph (2) Self explanatory Paragraph (3) Self explanatory Paragraph (4) Self explanatory Article 11 Paragraph (1) Self explanatory Paragraph (2) Self explanatory Article 12 Paragraph (1) Self explanatory 459 CAFI 20 / 16-2-1995. Paragraph (2) Hunters using traditional paraphernalia and selling the yields of their hunting shall not be obligated to possess 3 hunting act although they still have to possess a hunting license and pay hunting le vies. Paragraph (3) Self explanatory Article 13 Self explanatory Article 14 The criteria for one to be a traditional hunter shall include among other things being domiciled in the sub district aroJnd the hunting site, using the hunting yields for customary purposes and to meet daily necessi ties and using traditional hunting gear. Article 15 Paragraph (1) Referred to as identity shall include name, sex and domicile. The sanction mentioned in the act shall be quoted from the prevailing laws. Paragraph (2) Referred to in this stipulated as being transferred shall be the transfer of a hunting license to an undeserved party. Paragraph (3) Self explanatory Article 16 Paragraph (1) Letter a Self explanatory Letter b An officer assigned shall conduct certification of the hunting yields which a hunter is going to take with him. 460 CAFI 20 I 16-2-1995. Paragraph (2) Self explanatory Article 17 Letter a Self explanatory Letter b Self explanatory Letter c Self explanatory Letter d The sense of utilizing hunting yields (gains) obtain ed shall be giving proper treatment of the yields, namely by not : 1. leaving the yields so that they shall pollute ~ environment; 2. disposing of carcasses or other parts of the ~ ing yields to a place which may cause environ mental pollution. Letter e Self explanatory Letter f Self explanatory Letter g Self explanatory Letter h Self explanatory Article 18 Paragraph (1) Letter a Self explanatory Letter b Self explanatory 461 CAFI 20 I 16-2-1995. Letter c What is meant by "endanger" h9re is that not only is a human life endangered but that man's peace ful life shall be disturbed or become restless or that material losses are sustained due to damage to the land or the crops or agricultural yields. Letter d Self explanatory Paragraph (2) Self explanatory Paragraph (3) Self explanatory Article 19 Paragraph (1) Referred to as the parts shall be horns, hide, fur, fangs and so forth. While what is referred to as the yields of the game shall be among other things: nests and eggs. Paragraph (2) Self explanatory Article 20 Paragraph (1) Self explanatory Paragraph (2) Self explanatory Paragraph (3) Self explanatory Article 21 The principle of the conservation of biological natural resources and their ecosystem is that the achievement of compatibility and balance between the continuity of capability and the utilization of biological natural re sources arid their ecosystem. The principle of bustness," on the other hand, is the achievement of the continuity of bJsiness with proper profits being obtained. In the framework of the business operation of a hunting park the two principles must serve as the foundation so that conservation and business shall continue. 462 CAFT 20 / 16-2-1995 Article 22 Paragraph (1) Self explanatory Paragraph (2) Se~f explanatory Paragraph (3) Self explanatory Paragraph (4) Self explanatory Article 23 Paragraph (1) The provision of facilities and infrastructure, anIg other things the provision of game through breeding and the provision of hunting paraphernalia, lodging, ents, transportation and communications means as well as hunting services encompassing among other thing making a hunting park available. Paragraph (2) Self explanatory Article 24 Paragraph (1) Self explanatory Paragraph (2) Self explanatory Paragraph (3) Self explanatory Article 25 Paragraph (1) What cannot be mortgaged is the area. Paragraph (2) Self explanatory l\~ticle 26 Letter a Self explanatory 463 CAF! 20 / 16-2-1995. Letter b Referred to as business services are among other things the provision of game, hunting paraphernalia, lodging, tests, hunting guides and transportation an communications means. Art.icle 27 Letter a Self explanatory Letter b Referred to as concrete activities shall be the com mencement of the construction of hunting facilities and infrastructure. Letter C See the elucidation of Article 23 paragraph (1). Letter d Self explanatory Letter e The community's involvement in business activities performed in a hunting park includes among other things being a hunting gUide, workers or suppliers of caught game. Letter f Self explanatory Letter g Self explanatory Letter h Self explanatory Letter i Self explanatory Letter j Self explanatory Letter k Self explanatory Letter 1 Self explanatory 4(4 CAFl 20 / 16-2-1995.I Article 28 Paragraph (I) Self explanatory Paragraph (2) Self explanatory Article 29 Paragraph (1) Self explanatory Paragraph (2) Self explanatory Article 30 Self explanatory Article 31 Paragraph (1) Self explanatory Paragraph (2) Self explanatory Article 32 Paragraph (1) See the elucidation of Article 21 Paragraph (2) Self explanatory Article 33 Paragraph (l) Self explanatory Paragraph (2) Self explanatory Paragraph (3) Self explanatory Article 34 See the elucidation of Article 23 paragraph (1) (IFI 20 / 16-2-1995. 465 Article 35 Paragraph (1) Self explanatory Paragraph (2) The period when a hunting garden business license is valid is adjusted to the period of validity of the land title (Right to Business Operation) con cerned with a maximum period of 30 years. Paragraph (3 ) Self explanatory Article 36 Paragraph (I) Self explanatory Paragraph (2) Self explanatory Article 37 Letter a Self explanatory Letter b See the elucidation of Article 27 letter b Letter c See the elucidation of Article 23 paragraph (1) Letter d Self explanatory Letter e See the elucidation of Article 27 letter e Letter f Self explanatory Letter g Self explanatory Letter h Self explanatory CAFT 20 / 16-2-1995. Letter i The obligation to fence off the entire hunting ~ area is aimed at preventing generic pollution and at maintaining the security of the community around the hunting garden. Letter j Self explanatory Letter k See the elucidation of Article 23 paragraph (1) Article 38 Paragraph (1) Self explanatory Paragraph (2) Self explanatory Article 39 Paragraph (1) Self explanatory Paragraph (2) The termination of a hunting garden business lice~ shall not abolish the title on the land concerned. Paragraph (3) Self explanatory Article 40 Paragraph (1) Self explanatory Paragraph (2) Self explanatory Article 41 Paragraph (1) Self explanatory Paragraph (2) Self explanatory 467 CAFI 20 / 16-2-1995. Article 42 Paragraph (1) Self explanatory Paragraph (2) Self explanatory Article 43 Paragraph (l) Self explanatory Paragraph (2) Self explanatory Article 44 Self explanatory Article 45 Self explanatory SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA NO. 3544 468 CAFI 20 / 16-2-19S5.