Law No. 16/2006 on Agricultural, Fishery and Forestry Extension System

4A AGRICULTURAL, FISHERY AND FORESTRY EXTENSION SYSTEM (Law No. 16/2006 dated November 15, 2006) BY GRACE Of GOD THE ALMIGHTY THE PRESIDENT OF THE REPUBUC OF INDONESIA, Considering: a. that extension as part of efforts to enhance national life and promote the people's welfare constitutes hu man right of Indoneslen citizens; b. that sustainable agricultural, fishery and forestry de velopment constitutes a must to meet the need for food, housing and raw materials of industries, ex pand job and business opportunities, enhance the welfare of people, mainly farmers, planters, breed ers, fishermen, fish breeders, fish processors and communities inside and around forest areas, particu larly in the rural areas, increase national income as well as preserve environmental conservation; c. that better enhancement of role of the agricultural, fishery and plantation sector need human resources qualified, reliable, as well as having managerial skill, entrepreneurial spirit and business organization so that agents of agricultural, fishery and forestry de velopment can build businesses from upstream to downstream, which are highly competitive and ca pable of participating in forest and environmental con servation in line with the principles of sustainable development; d. that in order to realize the goals as meant in letters a, band c, the government is obliged to organize coun seling in the agricultural, fishery and forestry sector; e. that regulation of the current agricultural, fishery and forestry extension system remain distributed in vari ous kinds of legislation thus being not yet able to pro vide solid and complete legal basis for the implemen tation of agricultural, fishery and forestry extension; f. that based on the considerations as meant in letters a, b, c, d and e, it is necessary to enact a law on Agricultural, Fishery and Forestry Extension System; Business News 7487{16-3-2007 In view of: Articles 20, 21, 28C and 33 of the Constitution of 1945; By joint approval of: THE HOUSE OF REPRESENTATIVES OF THE REPUBUC OF INDONESIA AND THE PRESIDENT OF THE REPUBUC OF INDONESIA DECIDES: To stipulate: THE LAW ON AGRICULTURAL, FISHERYAND FORESTRY EXTENSION SYSTEM CHAPTER I GENERAL PROVISION Article 1 Referred to in this law as: 1. Agricultural, Fishery and Forestry Extension System, hereinafter called Extension System is all series of efforts to develop capability, knowledge, skill as well as behavior of the main agents and business com munities throuqh counseling. 2. Agricultural, Fishery and Forestry Extension, herein after called extension is a learning process for the main agents and business communities to make them ready and capable of helping and organizing them selves in accessing market information, technology, capital and other resources in a bid to drive up pro ductiVity, business efficiency, income and welfare as well as raise awareness of conservation of environ ment functions. 3. Agriculture covering food crop, horticulture, planta tion and animal husbandry, hereinafter called agri culture is all activities covering upstream business, farming, agroindustry, marketing and biological re source management supporting services in suitable and sustainable agro-ecosystem with the support of technology, capital, manpower and management to obtain maximal benefit to the people's welfare. (4) Fishery . 4. Fishery is all activities related to sustainable man agementand exploitation of fish resources and their environment, starting from pre-production, produc tion, processing to marketing realized in a fishery business system. 5. Fish is all kinds of organism having life circle located wholly and partly in waters. 6. Forestry is a management system related to forest, forest area and' forest products, which is executed in an integrated and sustainable manner. 7. Forest Area is certain area appointed and/or stipu lated by the government to have their existence pre served as permanent forest. 8. Main agents of agricultural, fishery and forestry ac tivities, hereinafter called the main agents, are com munities inside and around forest area, farmers, planters, breeders, fishermen, fish breeders, fish pro cessors and their core families. 9. Communities insides and around forest 'area are people living inside and around forest area having a social community unit with the same source of in come dependent on forest and their activities can influence forest ecosystem. 1O.Farmers are individual Indonesian citizens and their families or corporations man;:tging business in the agriculture; wanatani, minatani, agropasture, animal and plant cultivation, inside and around forest area, covering upstream business, farming, aqromdustrv, marketing and supporting service. 11.Planters are individual Indonesian citizens or corpo rations undertaking plantation business. i2.Breeders are individual Indonesian citizens or corpo rations undertaking animal husbandry. i3.Fishermen are individual Indonesian citizens or cor porations whose source of income or business activ ity is fishing. B',~less News 7487/16-3-2007 SA 14.F:sh breeders are indiVidual Indonesian citizens or corporations undertaking fish breeding activity. is.Fish processors are individual Indonesian citizens or corporations undertaking fish processing business. 16.Business communities are individual Indonesian cltl zensor corporations established by Indonesian statu tory body, which manage agricultural, fishery and forestry business. 17.Institutions of farmer, planter, breeder, fishermen, fish breeder, fish processor and communities inside and outside forest area are institutions developed from, by and for the main agents. l8.Agricultural, fishery or forestry counselors, be they Civil Servant, private and self-initiative counselors, hereinafter called counselors are indiVidual Indone sian citizens undertaking counseling activity. 19.Civil Servant Counselors are civil servants given task, responsibility, authority and right fully by the autho rized official in agricullure, fishery or forestry orqa nizational unit to undertake counseling activities. 20.Private counselors are counselors coming from bust ness communities and/or institutions having compe tenc€ in the counseling field. 21.Self-Initiative Counselors are the main agents suc ceeding in the businesses and other communities ready and capable of becoming counselors because of their awareness. 22.Extension substances are substances of counseling to be conveyPd by counselors to thF' main ;:tgF'nt<; and business communities in various models, covering in formation, technology, social engineering, manage ment, economy, law and environmental conservauon, 23.Agricultural, fishery and forestry extension program, hereinafter called extension program is a written plan formulated systematically to provide directives and gUidelines as a controlling instrument to achieve the goal of extension. 24. Recommendation ..... 24.Recommendation is the issuance af approvalof tech nology to be used as extensionsubstance. 25.Extension institutions are govcmment and/or com munity organizations having tasks and functions to organize extension. 26.Agricultural, Fishery and ForestryExtension Commis sion, hereinafter called the Extension Commission is an independent institution establishedin the central, provincial and regental/municipallevel, consisting of specialists and/or practitioners having expertiseand awareness intheextension or ruraldevelopmentsec tor. 27.Minister is the minister in charge of agricultural af fairs, fishery affairs or forestry affairs. 28.central Government, hereinafter called the govern ment is the President of the Republic of Indonesia holdingthe executivepower of the Republicof Indo nesiaas meant in the Constitution of 1945. 29.Regional Governments are governors, regents or mayorsand regional apparatusesas regional admin~ istrators. 30.Village or what is calJed in other name, hereinafter called Village is a legal community unit having terri torial borders,authorized to regUlateand handle in terests of localcommunity, based on local origin and tradition recognized and respected in the adminis~ tration system of the Republicof Indonesia. CHAPTER II PRINOPLE, GOAL AND FUNCTION Article 2 Extension is executedon the basisof prindples of democracy, benefit, equity, integration, equilibrium, transparency, cooperation, participation. partnership. sustainability, justice, equitable distribution and ac countability. Article 3 The objective of extension system regulation covers the development of human resources and en hancementof social capital, namely: 7 6A a. strengthening the development of advanced and modern agriculture, fishery as well as forestry in the sustainable development system; b. empowering the main agents and business commu nities in a bid to enhancecapability by meansof cre ating a conducivebusiness dimate, driving up moti vation, developing potential, opening opportunities, raising awareness and accompanying as well as fa cilitatingi c. providing legal certainty for the realization of coun seling which is productive, effective, effident, de centralized, participatory, transparent, self-initiative, equitable in partnership, gender, extended and fu ture oriented, environmentally sound and account able that can guarantee the realization of agricul ture, fishery and forestry development; d. providing protection, justice and legal certainty for the mainagents and businesscommunitiesto obtain extension service as welt as for counselors in under taking the extension; and e. developing modem and prosperous humanresources as the main agents and targets of agrtculture, fish ery and forestry development. Article 4 Theextension system factions: a. to facilitate the learning process of the main agents and ousmess communitIeS; b. to facilitate access of the main agents and business communities to sources of information, technology and other resources so as to be able to developtheir businesses; c. to enhance the leadership, managerial and entre preneurialskill of the main agents andbusiness com munities; d. the assist the main agents and business communi ties in developingtheir organizationsto become eco nomic organizations hIghly competitive, productive, applying good corporategovernance {;nd sustainable; e. to help analyze and solve problems as well as re spond to opportunities and challenges encountering the main agents and business communities in man aging business; f. to enhance awareness of the main agents and busi ness communities of conservation of environment functions; g. to institutionalize values of developed and modern agriculture, fishery and forestry development culture for the main agents in a sustainable manner. CHAPTER III TARGET OF EXTENSION Article 5 (l)Part;es mostly entitled to benefit of extension cover the main targets and intermediate targets. (2)The main targets of the extension are the main agents and business communities. (3)The intermediate targets are other stakeholders, cov ering agriculture, fishery and forestry advocacy groups or institutions as well as young generation and community leaders. CHAPTER IV POUCY AND STRATEGY Article 6 (l)Extension policies are stipulated by the government and regional governments in accordance With their respective scopes of authority by observing the prin ciples and goals of the extension system. (2)ln stipulating the extension policies as meant in para graph (1), the government and regional governments observe the follOWing provisions: a. extension is executed in an integrated manner to agriculture, fishery and forestry development sub systems; b. e"Jct:ension can be e~ecuted by the main agents and/or other communities as partner of the 90- . vernment and regional governments, indiVidually or in cooperation, in an integrated manner WIth Business News 7487/16-3-2007 7A programs in every administrative level of admi nistration. (3)Further provisions on the extension policies as meant in paragraphs (1) and (2) are regulated by requla nonsof minister, governor, or regents/mayors. Article 7 (1) The extension strategy is fonnulated and stipulated by the government and regional governments in ac cordance with their respective scopesofauthority, cov ering adult education method, counseling as commu nity drive, development of organization dynamism and leadership, Justice and perspective gender, and en hancement of capacity of the professional main agents. (2)10 formulating the extension strategy, the govern ment and regional governments observe extension policies stipulated on the basis of the provision as meant in Article 6 by involVing stakeholders in the agriculture, fishery and forestry sectors. (3) Further provisions on the extension strategy as meant in paragraphs (I) and (2) are regUlated by requla tions of minister, governor, or regents/mayors. CHAPTER V INSTITUTIONAL Part One Extension Institution Article 8 (1)Extension institutions consist of: a. government extension institution; b. private extension institution; and c. self-initiative extension institution. (2)The government extension institution as meant in paragraph (1) letter a: a. in the central level, is in the form of board in charge of extension affairs; b. in the provincial level, is in the form of extension coordinating board; c. in the regental/municipal level, is in the form of extension executive board. d. In the district level, is in the form of extension center. (;3)The .•... (3)The private extension institution as meant in oara graph (1) letter b 'can be established by business communities by observing interests of the main agents as well as local agriculture, fishery and fo restry development. (4)The private extension institution as meant in para graph (1) letter c can be establishedon the basisof agreement between the main agents and business communities. (S)The extension institution in the viilage/sub-district level is in the form of non-structuralvillage/sub-dis trict:extension post. Article 9 (l)The extensionboard in the central level asmeant in Artide 8 paragraph (2) letter a hasthe followingtasks: a. fonnulating nattonal policies, national extension programs, standardizingand accrediting counse lors, facility and infrastructure as well as financ ing the extension; b. Organizing the development of extension, da tabase, service and extension information net work; c. implementing extension, coordination, supervi sion, monitoring and evaluation, as well as allo cation and distribution of extension resources; d. promoting cooperation in national, regional and international extension; and e. enhancing capacity of civil servant,self-initiative and private counselors. (2)The extension board in the central level is respon sible to the Minister. (3)1n order to coordinate, integrate, synchronize and optimizeperformance ofextension inthe centrallevel, non-structuralnationalextensioncoordinationforum is needed with the establishment further regulated in a presidential regulation. Article 10 (1)ln order to stipulate extension policiesand strategy, the Minister is assisted by National Extension Com mission. Business News 7487/16-3-2007 8A {2)The National Extension Commission has the task of providing input to the minister as substances of for mulation of extension policies and strategy (3)Further provlslons on the National Extension COm mission as meant in paragraphs (1) and (2) are regu lated by a regulation of the Minister. Article 11 (l)The Extension Coordination Board as meant in Ar ticle 8 paragraph (2) letter a hasthe following tasks: a. undertaking inter-sectoral coordination, integra tion, synchronization, optimizing participation, ad vocating communities by involving spec;:ialists, business communities, related institutions, uni versities and extension targets; b. formulating provincial extension policies and pro grams in line with national extension polides and programs; c. facilitating institutional developmentand commu nity forum for the main agents and business com munities to develop their businesses and giving feedback to the regional governments; and d. enhancing capacity of civil servant, self-initiative and private counselors. {2)The Extension Coordination Board in the provincial level is chaired by the governor. (3)ln order to support ~ivitiesof the provindal exten sioncoordination board, secretariat isestablished and chaired by an official equivalent to IIa echelon and the establishment of the secretariat Is rurtner regu lated by a regulation of the governor. Article 12 (l)ln order to stipUlateprovindal extensionpolides and strategy, the governor is assisted by Provincial Ex tension COmmission. (2)The Provindal Extension Commission has the task o~ providing input to the governor as substances of for mulationof provindal extension policies and stra-tegy. (3) Further provisions on the Provincial Extension Com mission asmeant in paragraphs(1) and (2) are regu lated by a regulation of the governor. Article Article 13 (l)The extension executive board as meant in Artide 8 paragraph (2) Jetter c has the following tasks: a. formulating regental/municipal extension policies and programs in line with the national and pro vincial extension policies and programs; b. implementing extension and developing extension mechanism, working arrangement and method; c. collecting, processing, packing and disseminating substances of extension to the main agents and business communities; d. fostering the development of cooperation; part nership; institutional management, personnel, facility and infrastructure as well as extension fi nancing; e. developing and facilitating activity institutions and forums for the main agents and business com munities; and f. enhancing capi:lbility of civil servant, self-initia tive and private counselors through sustainable learning process. (2)The extension executive board in the regental/mu nicipallevel Is led by official equivalent to Echelon II and responsible to regents/mayors with. the estabiishment further regulated by a regulation of regent/mayor. Article 14 (1)ln order to stipulate regental/municipal extension policies and strategy; the regent/mayor is assisted by Regental/Municipal Extension Commission. (2)The Regental/Municipal Extension Commission has the task of providinq input to the regent/mayor as substances of formulation of regental/municipal ex tension policies and strategy. (3) Further provisions on the Regental/Municipal Exten sion COmmission as meant in paragraphs (1) and (2) are regulated by a regulation of the regent/mayor. Article 15 (1)TheExtension center as meant in Article 8 paragraph (2) letter d has the folloWing tasks: a. formulating extension programs in the district level Business News 7487/16-3·2007 9A in line with regental/municipal extension pro grams; b. realiZing extension on the basis of extension pro grams; c. prOViding and disseminating lnformetior, on tech nology, procucncn faCIlity; nnanclng and market; d. facilitating the development of institutions and partnership between the main agents and busi ness communities; e. facilitating the enhancement of capacity of civil servant; self-initiative and private counselors through sustainable learning process; and f. realizing the learning process through pilot project and development of farming business models for the main agents and business communities. (2)The extension center functions as a meeting forum of counselors; main agents and business communities. (3)The extension center is responsible to the regental/ municipal extension executive board, with the es tablished further regulated by a regulation of regent! mayor. Article 16 (I)The village/sub-district extension post as meant in Artrcle 8 paragraph (5) constitutes a non-structural working unit established and managed participatorily by the main agents. (2)The extension post functions as a meeting forum of counselors; main agents and business communities to: a. formulate extension programs; b. implement extenstcn in village/sub~district; c. Inventory problems and solution; d. implementing the learning process through pilot project and development of farming business mo dels for the main agents and business communi ties; e. develop leadership, entrepreneurship; as well as institution of the main agents and business com munities; f. organiZing consultative meeting; technical meet jng; site meeting and other extension methods for the main agents and business communities; g. faCilitating .. , ... g. facilitating service for information, consultation, education and training for the main agents and business communities; and h. facilitating rural extension forum. Article 17 The private and/or self-lnitiative extension in stitution as meant in Article 8 paragraph (1) letters b and c hasthe following tasks: a. formulating extension plan integrated with extension programs; b. organizing a meeting with counselors and the main agents in accordance with the need j c. establishing forum, network and Instttutlon or the main agents and business communities; d. organizing consultative meeting, technical meeting, site meeting and other extension methods for the matn agents and business communities; e. promoting business partnership with parties on the basis of mutual benefiting; f. develop leadership, entrepreneurship, as wellasinsti~ tution of the main agents and business communi ties; g. conveying business information and technology to the main agents and business communities; h. managing agricultural, fishery and forestry as well as rural self-initative education and training institutions for the main agentsand business communities; I. realizing the learning process through pilot project and developmentof farming business modelsfor the main agents and business communities; j. undertaking independent studyto solveproblems and develop business model, giving feedback and under taking technologyassessment; k. monitoring the implementation of extension facili~ tated by the mainagentsand business communities. Article 18 Further provisions in the government extension institution asmeant in Article B paragraph (2) are regu lated by a presidential regulation. Part Two Main Agent Institution Article 19 (l)The mainagent Institution consists of farmers, plant ers, breeders, fishermen, fish breeders, fish proces sors as well as communities inside and around fo Business News 7487/16-3-2007 lOA rest, which is established by the main agents for mally or informally. (2)The institution as meant in paragraph (1) functions as a learning forum, cooperation forum, production facility and infrastructure prOViding unit, production unit, processing and marketing unit as well as sup porting serviceunit. (3)The institution as meant in paragraph (1) can be in the form of group. combination of groups, associa tion or corporation. (4) The institution as meant In paragraph (1) is facili tated and empowered by the governmentand/or re gional governments to make it growing and devel oping to become a solid and independentorganiza tion so as to be capable of achievingthe objectives expected by the members. CHAPTER VI COUNSELOR Artide 20 (1) Extension is carried out by'civil servant counselors, private counselors and/or self~lnltlatlve counselors. (2)Appointment and placement of civil servantcounse lors are adjusted to the available need and forma tion on the basis of legislation. (3)The existence of private and self-initiative counse lars is independent to 'meet the need of the main agents and business communities. Article 21 (l)The governmentand regionalgovernmentsenhance completence of Civil servant couselors through edu cation and training. (2)The government and regionalgovernmentsfacilitate the impl~mentationof education and training of pri vate and self~initiative counselors. (3)Enhancement of competence of the counselors as meant in paragraphs(1) and (2) refers to the stan dards, accreditationaswell aseducational and train lng methods of counselors regulated by a regulation of the Minister. Article ...•. Article 22 (1)Civil servant counselors constitute functional officials regulated on the basis of legislation" (2)Transfer of duty of civil servant counselors only can be done in the case of the relevant being replaced by new civil servant counselors in accordance with legislation. CHAPTER VII IMPLEMENTATION Part One Extension. Program Article 23 (1) The extension proqrarns aim at prOViding directives, guidelines and controlling instrument of accomplish ment of the extension goals. (2)The extension programs consist of village/sub-dis trict or site working unit extension programs, district extension programs, regental/municipal extension programs, provincial extension programs and national extension programs. (3)The extension programs as meant in 'paragraph (2) are formulated by observing integration and synergy of extension programs in every level. (4)The extension proqrams as meant in paragraph (3) are ratified by Heads of Extension Centers, Regentalf Municipal Extension Executive Boards, Provincial Ex tension Coordinating Boards or the Head of the Ex tension Board in accordance with administrative le vels of administration. (S)The village/sub-district extension programs as meant in paragraph (2) are acknowledged by heads of vu [ages!sub-distrkts. Article 24 (l)Extension programs are formulated every year and contain extension plan for next year by observing circle of budget of the respective levels and cover organization and management of resources as the basis for implementation of extension. Business News 7487/16-3-2007 llA (2)The extension programs as meant in paragraph (1) must be measurable, realistic, beneficial and appli ,-able as well as exerureri participatorily, integratedly, transparently, democraticall~and accountably. Article 25 Provisions on guidelines on formulation of ex tension programs are regulated by a regulation of the Minister. Part Two Working Mechanism and Method Article 26 (l)CQUnSeIOrs formulate and implement annual actron plan on the basis of extension programs. (2)Extension is executed by referring to the extension programs as meant in Articles 23, 24 and 25. (3) Extension is executed by using participatory approach through the working mechanism and meth"oo adjusted to the need as well as condition of the main agents and business communities. (4) Further provisions on the working mechanism and method of extension are stipulated by a regulation of the Minister, governor or regent/mayor. Part Three Substance of Extension Article 27 (1 }Substances of extension are made on the basis of the need and interests of the main agents and busi ness communities by observing benefit and conser vation of agricultur<ll, fishery end forestry resources. (2)The substances of extension as meant in paragraph (1) contain elements of human resource development and enhancement of social capital as well as ete ments of science, technology, information, economy, management, law and environmental conservation. Article 28 (l)Substances of extension in certain form of technol ogy to be conveyed to the main agents and business communities must secure recommendation from the government ..... government institution unless otherwise technology results from traditioal knowledge. 12A (3}Civil servant, privateand self-initiativecounselors can utilize the facilities and infrastructure as meant in paragraph (2). (2)The government insti$Ution giving the recommenda tion isobliged to issuerecommendationshortly after verification andadministrative process are completed. (3)The certain technology as meant in paragraph (1) is stipulated by the Minister. (4)Provisions on the issuance of recommendation as meant in paragraphs(1) and (2) are implemented in accordance with legislation. Part Four Role and Cooperation Article 29 Thegovemmentand regional governments facil itate and encourage the role of the main agents and busi ness communities in the implementation of extension. Article 30 (1) Cooperation in extension can be realizedamong ex tension Institutions vertically, horizontally or in in ter-sectoral manner. (2)Cooperation in extension between national, regional and/or international extension institutions can be done after securing approve from the Minister. (3)Private and self~initiative counselors in executing the extension to the main agents and business commu nities can coordinate with civil servant counselors. CHAPTER VIII FACIlITY AND INFRASTRUCTURE Article 1 (l)ln order to enhance capacity of extension institu tions and performance of counselors; adequate fa dllties and infrastructure are neededso that the ex tension can be realized effectively and efficiently. (2.)The government, regional governments, private ex tension institutions and self-initiative extension in stitutions provide the extension facilities and infra structure as meant in paragraph (1). Business News 7487/15-3-2007 (4)Further provisions on the utilization of facilities and in(rastructur are regulated by a regulation of the Min ister, governor or regent/mayor. CHAPTER IX FINANCING Artfcle 32 (1)Adequatefinancing for fulfilling the extensioncost is neededfor ensuringeffective and effident extension. (2}Source of financing for extension Isprovidedthrough APBN, provincial or regental/municipal APBD, sectorallyand mter-sectoreny, or other legltfmate and non-binding sources. (3)Financing of extension related to functional and pro fessional allowance, operational cost of civil servant counselors as well as facilities and infrastructure comes from APBN, while financing of extension in provinces, regencies/cities, districts and villages re sults from APBD with the amount and alloaltion ad justed to extension programs. (4)The amount of functional and professional allowance of civil servant counselorsas meant in paragraph(1) is based on hierarchy of position in accordance with legislation. (S)In the case of extension being organized by private and self-initiative counselors, financing can be as sisted by the government and regionalgovernments. Article 33 Further provisions on financing of extension as meant in Article 32are regulatedby a government regu lation. CHAPTER X FOSTERING AND SUPERVISION Article 34 (1)Thegovernment fosters and supervises extension or ganized byboth regional governments, privateor self initiative institutions. (2) The ..... 13A (2)The fostering and supervision as meant in paragraph (1) are applied to institution, personnel, implemen tation, facilities and infrastructure as well as financ ing of extension. (3) In order to foster and supervise performance of coun selors, the government facilitates the establishment of professional organization and code of conduct of counselors. (4) Every counselor becoming member of professional organization abides by code of conduct of counse lors. (S)The professional organization of counselors is obliged to roster and supervise as well as to provide consid eration about members violating code of conduct. (6)Further provisions on the fostering and supervision as meant in paragraph (1) are regulated by a governmment regulation. CHAPTER Xl PENAL PROVISION Article 3S (l)Every civil servant counselor undertaking extension with certain technology substances not yet securing the recommendation as meant in Article 28 para graph (1) is subjected to administrative sanction on the basis of legislation in the personnel affairs by observing consideration from the professional orga nization and code of conduct of counselors. (2)Every recommending official not abiding by the pro vision as meant in Article 28 paragraphs (2) and (3) is subjected to administrative sanction on the basis of legislation on personnel affairs. (3)Every private counselor undertaking extension with certain technology substance not yet securing the recommendation as meant in Article 28 paragraph (1) is subjected to administrative sanction in the form' of revocation of certificate as counselor by observing consideration from the professional organization and code of conduct of counselors. Business News 7487/16-3~2007 (4) Every self-initiative counselor undertaking extension with certain technology substance not yet securing the recommendation as meant in Article 28 para graph (1) is subjected to administrative sanction in the form of revocation of certificate as counselor, unless otherwise technology substance results from traditionaI knowledge. Article 36 Everybodyand/or extension institution undertak ing extension lntentlonelly or because of their negligence, inflicting losson sooo-economv, environment and/or pub lic health is sentenced in acordance with le-gislation. CHAPTER XII TRANSmON Article 37 (l)Extension already organized before the promulga tion of this law and not contravening this law still can be implemented. (2)The implementation of the extension as meant in paragraph (1) must be settled in not later than one year as from the date of promulgation of this law. Article 38 Exl~ns;on;"s\.ilu\.ions in lh~ centrall~vel, alread;f existing before the promulgation of this law must be adjusted in not later than 2 (two) years. CHAPTER XIII CONCLUSION Article 39 With the enforcement of this law, all legislation In the extension sector Is declared to remain effective as long as they do not contravene this law or have not been replaced by the new ones on the basis of this law. Article 40 Technical regulations of this law must have been stipulated in not later than one year as from the date of promulgation of this law. Article 41 The law comes into force as from the date of promulgation. For ..... For public cognizance, the law shalt be promul gated by pladng it in Statute Book of the Republic of Indonesia. Ratified in Jakarta On November 15,2006 THE PRESIDENT OF THE REPUBUC OF INDONESIA Sgd OR. H. SUSIlO BAMBANG YUDHOYONO Promulgated in Jakarta On November 15,2006 THE MINISTER OF LAW AND HUMAN RIGHTS Sgd HAMID AWAlUDDIN STA11JTE BOOK OF THE REPUBUC OF INDONESIA YEAR 2006 NO. 92 ELUCIDATION ON LAW NO. 16/2006 CONCERNING AGRICULTURAL, FISHERY AND FORESTRY EXTENSION SYSTEM 1. GENERAL The Unitary State of the Republic of Indonesia based on Pancasila and the Constitution of 1945 aims at, among others, realizing the people's welfare and enhancing national life. Indonesia as an agrarian and maritime state has the third largest tropical forest in the world with biologi cal diversity absolutely high. It constitutes the most valu able basic-capital in driving up national economy be cause the agricultural, fishery and forestry sector was proven and tested capable of contributing significantly to national gross domestic product when the economic crisis jolted Indonesia in 199B. In relation thereto, In donesian people are obliged to thank God The Almighty for gift of biological resources, fertile soil, suitable cli mate so that the agricultural, fishery and forestry sector can become the backbone of national economy. Farmers, planters, breeders, fishermen, fish breeders, fish processors and communities inside and "around forest area constitute part of the Indonesian 14A society so that their welfare and intellectuality needs to be enhanced. The enhancement is realized by, among others, extension. Agricultural, fishery and forestry extension is a learning process for the main agents to make them ready and capable of assisting and organizing themselves in accessing market information, technology, and other re sources as part of efforts to raise productivity, business effidency, income and welfare as well as generate aware ness of conservation of environment functions. In a bid to anticipate change in strategic envi ronment developing ;n the 21th century with issues of globalization, decentralization, demo~ratization, and sustainable development, reliable human resources are needed for realizing solid, productive, efficient and corn petitive agriculture, fishery and forestry so as to be able to bring about welfare to all Indonesian people. In order to answer the change in strategic envi ronment, agricultural, fishery and forestry revitalization is needed. The reVitalization will be fruitful if the pro gram is supported by, among others, agriCUltural, fish ery and forestry extension system. The extension system has not been supported by solid and complete legislation thus being less ca pable of providing guarantee for legal certainty as well as justice for the main agents, business communities and counselors. The condition results in different un derstanding and implementation among the communi ties. In addition, rapid change in legislation and exten sion policles weakened spirits and performance of coun setors thus being potential to affect food security and impede national econornlc growth. The existing laws remain partial and have not regulate extension system broadly, firmly and com pletely. It can be seen in the following laws: 1. Law No. 6/1967, on Animal Husbandry and veten nary Basic Provisions; 2. Law No. 5/1990 on Conservation of Biological Re~ sources and 'Their Ecosystems; 3. Law No. 12/1992 on Plant Cultivation System; 4. laW NO. 16{1992 on Animal, Fish and Pldnt Quaran tine; 5. Law No. 7/1996 on Food; 6. Law No. 23/1997 on Environmental Management; 7, Law No. 41/1999 on Forestry; 8. Law No. 29/2000 on Plant Variety Protection; Business News 7487/16-3-2007 9. Law ••• 01 Ii 9. Law No. 18/2002 on the National Science and Tech nology Research, Development and Application Sys tem; 10.Law No. 18/2004 on Plantation; 11.Law No. 31/2004 on Fishery; 12.Law No. 32/2004 on Regional Administration. Based on the above mentioned considerations, this law regulates agricultural, fishery and forestry ex tension system holistically and comprehensively in an in tegrated and harmonious regulation between extension organized by government extension institutions, private extension institutions and self-jnitiative extension institu tions to the main agents and business communities. n. ARTICLE BY ARTICLE Article 1 Sufficiently clear Article 2 Democracy-based extension means extension organized by respecting opinions of the government, regional governments, and the maln agents as well as other business communities. Benefit-based extension means that extension must be beneficial to enhancement of knowledge, skill and change in behaviors to increase productivity, in come and welfare of the main agents and business com munities. Equity-based extension means that relations be tween counselors, main agents and business communi ties must be equal partners. Integration-based extension means that the ex tension is executed in an integrated manner between interests of the government, business communities and society. Equilibrium-based extension means that exten sion must observe equilibrium between policy" tnnova tion, technology and local community wisdom, gender mainstreaming, equilbrium between exploitation of re sources and environmental conservation. and equilib rium between developed regions and relatively back ward regions. Transparency-based extension is the realization of extension transparently between counselors and main agents as well as business communities. uslness News 7487/16-3-2007 15A Cooperation-based extension means that exten sion must executed synergically in activities of agricul tural, fishery and forestry development as well as other sectors which constitute the collective goals of the gov ernment and communities. Participation-based extension means that the implementation of extension involves actively the main agents and business communities and counselorsas from the planning, implementation, monitoring and evalua tion. Partnershlp-based extension means that exten sion is executed on the basis of mutually respecting, beneficial, strengthening and needing principles between the main agents and business communities, which is facilitated by counselors. Sustainability-based extension means that ex tension is executed continuously and in a sustainable manner so that knowledge, skill as well as behavior of the main agents and business communities are better and in accordance With developments for realizmg Inde pendence. Justice-based extension means that extension positions the main agents and business communities righteous to obtain service proportionally in accordance with capability, condition as well as the need of the main agents and business communities. Equitable distribution-based extension means that extension must be applicable equttebty to all terri tory of the Republic of Indonesia and all layers of the main agents and business communities. Accountability-based extension means that evaluation of performance of extension is executed by comparing the implementation already realized to the planning already prepared simply, measurably, achievably, rationally and the activities can be sched uled. Article 3 Human resource development means, among others enhancement of spirits, perspectives, intellectu ality, skill as well as science and technology to set up independent personality. Enhancement of social capital is, among others, the establishment of group, combination of groups/as sociations, management, leadership, capital accessand information access. Letters ..... Letters a and b Sufficientlyclear Letter c Decentralized means that the implementation of extension constitutes domestic affairs of villages or site working~units, regencies/cities and provinces. ParticipatOlY meansthat the implementationof extension involves the main agents, starting from the planning, implementation to evaluation. Transparency meansthat extension is executed by principles of transparency so that the involved ele ments can ascertain. Self-initiative meansthat extension isexecuted by prioritizing to the capability of the extension execu tives. Equilable posltlon means that extension is ex ecuted on the basisof equitable position between ooun selors, main agents and business communities. Accountable means that evaluation of perfor mance of extension is executedby comparing the imple mentation already realized to the planning already pre paredsimply,measurably, achievably, rationallyand the activities can be scheduled. Letters d and e Sufficiently clear Article 4 Sufficiently dear Article 5 Paragraph (1) Sufficiently clear Paragraph (2) Themain targets of agricultural extensioncover farmers, planters, breeders individually or in group, and other business communities. The main targets of fishery extension cover fishermen, fish breeders and fish processors individually or in group, and groups undertaking fishery activity. The main targets of forestry extension cover communities inside and around the forest area, groups or individuals of communities managing commodities produced from forest areas, Business News 7487/16-3-2007 16A Paragraph (3) Young generation and community leaders are young generation and community leaders by observing justice and perspective gender. Articles 6 and 7 Sufficiently dear t\rticle 8 Paragraph (1) Sufficiently clear Paragraph (2) Extension institution in the central level is agency in chargeof extension affairs in every department/min istry responsible for agricultural, fishery andforestrysec tor. In the provincial level, it is in the form of exten "ion coordinating board responsible to the President through the Minister. In the regental/municipal level, it is in the form of extension executive boaro responsible to regent! mayor. In the district level, it's in the form of agricul tural, fishery and forestry extension center responsible to regental/municipal extension executive board. Paragraphs (3) and (4) Sufficiently clear Paragraph (5) Extension posts in the rural areas constitute a forum ofcivil servant, private and self-initiative counse lors as well as the main agents and business communi ties in the rural area as a place to diSCUSS, plan, imple ment and monitor extension activities. Article 9 Sufficiently clear Article 10 Paragraph (1) National Extension COmmission is an tndepen .dent institution as working partner of the Minister in giving recommendation related to extension. Members of of the National Extension Commission conslst of spe cialists and/or practitioners having expertise and aware ness in the extension or rural development sector. Paragraphs (2) and (3) Sufficiently c1ea r Article 11 Paragrapn (1) In the provincial level, Extension Coordinating Board is established because most of the extension ac tivities rest on regencies/cities, white in the provincial level, the board is rather coordinative. Paragraphs (2) and (3) Sufficiently clear Article 12 The provincial extension commission constitutes an independent institution established by the governor, consisting of specialists and/or practitioners having ex pertise and awareness in the extension or rural devel opment sector. Article 13 Sufficiently clear Article 14 The regental/municipal extension commission constitutes on independent institution established by the regent/ mayor, consisting of specialists and/or practitioners hav ing expertise and awareness in the extension or rural development sector. Article 15 up to Article 18 Sufficiently clear Article 19 Paragraph (1) Institution of the main agents is established partlcipatorily in accordance with agreement between farmers, planters, fishermen, fish breeders, fish proces sors as well as communities inside and around forest. Paragraph (2) up to paragraph (4) Sufficiently clear Business News 7487/16-3-2007 17A Article 20 Paragraph (1) Sufficiently clear Paragraph (2) Provisions on appointment of civil servant mun selors must secure priority from the government and regional governments tomeet the need for civil servant counselors. Paragraph (3) Independent means that counselors work on the basis of their intention or at expense of institutions/busi ness communities. Article 21 SUfficiently clear Article 22 Paragraph (1) Civil servant counselors obtain equitable require ment, position hierarchy, functional allowance, profes sional allowance and retirement age. paragraph (2) Sufficiently clear Artide 23 paragraph (1) Sufficiently clear Paragraph (2) Village or Site worKIng-unit extension programs are formulated by the main agents and business com munities facilitated by counselors. Paragraph (3) Integration means that extension programs are formulated by observing district, regental, provincial and national extension programs on the basis of the neeed of the main agents arid business communities. Synergy means that relations between exten sion programs in every level are mutually supporting. The provision aims at ensuring that all programs are harmonious and do not contravene in various le vels. Paragraphs Paragraphs (4) and (5) Sufficiently clear Articles 24 and 25 Sufficiently clear Article 26 Paragraph (1) up to paragraph (3) Sufficiently·clear Paragraph (4) The extension methods are, among others, semi nar, worshop, apprenticeship, comparative study, site meeting, technology meeting. Article 28 Paragraph (1) Technology can be in the form of product or process. The product Is, among others, seed, equipment and machine, material, pesticide and animal/fish medi cine. Process means technology package, such as inte grated plant management (PTT). certain technology is technology predicted to be capable of destroying the environment, affacting health and public peace and inflicting economic loss on the main agents, business communities and society. Among them are, genetically engineering technology, seedling technology and pest controlling technology. Technology coming from traditlonalknowledqe is product or process found by communIties and/or al ready utilized broadly in accordance with tradition from generation to generation. Paragraph (2) Government institution issuing recommendation is the minister or official appointed by the minister. Paragrllphs(3) and (4) Sufficiently clear Article 29 Sufficiently clear Article 30 Paragraph (1) Sufficiently dear Business News 7487/16~3-2007 18A Paragraph (2) Cooperation means cooperation starting from the formulation of plan, implementation to monitorng of extension. Paragraph (3) Sufficiently clear Article 31 Paragraphs (1) and (2) Sufficiently clear Paragraph (3) The provision aims at enabling civil servant, private and self-initiative counselors to utilize facilities and infrastructure owned by the respective parties. Paragraph (4) Sufficiently clear Article 32 Sufficiently clear Article 33 Regulation regarding the financing of extension is, among others, minimal standard of operational cost, financing source as well as allocation and distribution of cost. The minimal standard of operational cost co vers: a. regular trip; b. appliance cost (raincoat, site shoe and working SUit, soil test kit) c. pilot project and demonstration cost; d. formulation cost of extension substances; e. formulation cost of action plan. Article 34 up to article 41 Sufficiently clear SUPPLEMENT TO STATUTE BOOK OF THE REPUBUC OF INDONESIA NO. 4660 ===(AL)===