Regional Regulation of the Special Capital Province of Jakarta No. 9/2008 on the control of the circulation of forest products and the primary industry of wood forest products

THE CONTROL OF THE CIRCULATION OF FOREST PRODUCTS AND THE PRIMARY INDUSTRY OF WOOD FOREST PRODUCTS (Regional Regulation of the Special Capital Province of Jakarta No. 9/2008 dated November 3, 2008) BY THE GRACE OF GOD ALMIGHTY THE GOVERNOR OF THE SPECIAL CAPITAL PROVINCE OF JAKARTA, by Law No. 34/2000 {Statute Book of 2000 No. 246, Supplement to Statute Book No. 4048); 2. Law No. 41/1999 on Government Regulation in lieu of Law No. 11 2004 on Amendment to Law Considering: a. that Regional Regulation No. 11/2004 on the Cir No. 41/1999 on Forestry into Law (Statute Book of 1999 No. 167, Supplement to Statute Book culation of Forest Products and the Primary In· dustry of Wood Forest Products is no longer rel evant and needs to be revised; b. that to control the circulation of forest products No. 3888); 3. Law No. 10/2004 on the Enactment of Legisla tion (Statute Book of 2004 No. 53, Supplement to Statute Book No. 4389); in a sustainable way according to Regional Reg ulation No .11/2004 as referred to in letter a, it is necessary to revise regulation on the primary industry of wood forest products by issuing a re gionaJ regulation; c. that based on considerations in letter a and let tcr b. to cnsure the smooth and optimum control of the circulation of forest products in the Spe cial Capital Pruvi nee uf Jakarta, it is necessarv 4. Law No. 32/2004 on Regional Governments {Statute Book of 2004 No. 125, Supplement to Statute Book No. 4437) as has been several times amended the latest by Law No. 12/2008 (Statute Book of 2008 No. 59, Supplement to Statute Book No. 4844); 5. Law No. 29/2007 on the Government of the Spe cial Capital Province of Jakarta as the Capital of the Unitary State of the Republic of Indonesia {Statute Book of 2007 No. 93, Supplement to 41, Supplement to Statute Book No. 4090); gional Governments {Statute Book of 2001 No. to enact a Regional Regulation on the Control of Statute Book No. 4744); the Circulation of Forest Products and the Pnmary I 6. Government Regulation No. 20/2001 on the De Industry of Wood Forest Products; I veloprnent and Control of the Organization of Re I j j 1. Law No. 18/1997 on Regional Taxes and Levies ! 7. Government Regulation No. 66/2001 On Re (Statute Book of 1997 No. 41, Supplement to I gional Levies (Statute Book of 2001 No. 119, t ~tatute BOOK No. 3685) as has been amended) Supplement to Statute Book No. 4139); , ~i~~ ~ Business New, 8116/6·10·2011 In view of : 21 GOVERNMENT EGlJLATIONS 8. Government Regulation No. 45/2004 on Farest Protection (Statute Book No. 4453); 9. Government RegUlation No. 6/2007 on Forest Management and Plan for Forest Management and Forest Utiliation; 10. Presidential Decree No. 74/2001 on the Proce dum of Supervising the Organization of Regional Governments; 11. Decree of the Horne Affairs Minister No. 43/1 999 on the System and Procedure of Administering Regional Taxes and Other Revenues; 12. Decree of the Forestry Minister No. 125/Kpts 11/2003 on the rrocedure and Requirements of Applying for Business Permits in the Primary In dustrv of Wuuu FU[l:sl Produc ts ; 13. Regulation of the Forestry Minister No. P.5 1I MENHUT-II/2006 on the Use of Letter of Origin (SKAU) for the Transport of Wood Forest Prod ucts Originating from Forest Concessions as has been amended by Regulation of the Forestry Min ister No. P.62/MENHUT-11/2006; 14. Regulation of the Forestry Minister No. P.551 MENHUT-1I/2006 on the Administration of Forest and No. P.28/MENHUT-1I/2005; 16. Regional Regulation No. 3/2001 on the Organi zational Structure and Work Mechanism of the Regional Apparatuses and the Secretariat of the. Regional Legislative Assembly of the Special Cap ital Province of Jakarta (Regional Gazette of the Special Capital Province of Jakarta of 2001 No. 66); By the Joint Approval of TI--lE REGIONI\L LEGISLI\TIVE I\SSEMBLY OF TI--lE SPECIAL CAPITAL PROVINCE OF JAKARTA and THE GOVERNOR OF THE SPECIAL CAPITAL PROV INeE OF JAKARTA oscioss : To stipulate: REGIONAL REGULATION ON THE CONTROL OF THE CIRCULATION OF FOREST PRODUCTS AND THE PRIMARY INDUSTRY OF WOOD FOREST PRODUCTS. Products Originating from State Forests as has CHAPTER I been amended by Regulation of the Forestry Min- GENERAL PROVISIONS ister No. P.63/MENHUT-1I/2006; Article 1 15. Regulation of the Forestry Minister No. P.701 Referred to in this Regional Regulation as : MENHUT-11/2006 on the Third Round of Amend- 1. Region is the Special Capital Province of Jakarta. ment to Decree of the Forestry Minister No. 3001 2. Government of the Special Capital Province of KPTS-1I/2003 on the Reregistration of Business Jakarta is the Governor and the Regional Appara Permits in the Primary Industry of Wood Forest tuses of the Special Capital Province of Jakarta as Products as has been amended by Regulations of the administrator of the Special Capital Province the Forestry Minister No. P.16/MENH UT-1112004 of Jakarta. Business News 8 f16/6-10-]011 23 3. Governor is the Regional Head of the Special Cap ital Province of Jakarta. 4. Forest products are biological articles in the form of wood forestproducts and non-wood forest products and their derivatives other than wild plants and animals. 5. Control is the act of nurturing and supervising thf'! circulation of forest products and the primary in dustry of wood forest products. 6. Circulation of forest products is a series of ac tivities including the entry and release of forest products. 7. Pr irnar v inl1u:;lry of wood ruresl pr ocluct s is the industry directly processing logs and/or chip raw materials into semi-finished goods in the form of sawn timber, chips, veneer, plywod/wood panel and finished goods as the continuation of industry processing semi-finished goods. 8. Official report on the inspection of forest prod ucts is the result of control and inspection of for est products and accompanying documents. 9. Auth orized officer is the regional civil servant re sponsible for the forestry sector and appointed according to the law to serve as an officer in specting, measuring and examining forest prod ucts. 10. Document and other certificates are legal evi .dence of forest products. 11 . Forestry service post is the place to provide for est product inspection, measurement and exami nation services. 12. Body is state-owned company lBUMN), regional government-owned company (BUMO), private company or cooperative engaged in the exploita tion of forest products. 13. Facilities and infrastructures are the places owned by the Government of the Special Capital Prov ince of Jakarta to hoard, dehydrate, preserve, and process forest products. CHAPTER II THE CIRCULATION OF FOREST PRODUCTS Article 2 (1) Every forest product entering the region sholl be equipped with a document and other legal certifi cates, (2) The legality of the document and other certifi cates as referred to in paragraph (1) shall become the responsibility of the owner/transporter of the forest product according to the law. Article 3 (1) Anyone or body carrying the forest product and document as referred to in Article 2 paragraph (1) shall report to the nearby forestry service post. (2) The authorized officer in the forestry sector shall inspect every forest product entering the region to ensure that it matches the accompanying doc ument. (3) If the physical condition of the inspected forest product as referred to in paragraph (2) matches the accompanying document, the document shall be validated by the forestry officer. (4) Further procedures of inspection and examination as referred to in paraqraph (3) are to be pro\lided for in the Regulation of the Governor. 74 IlH.,inl's, Npws RI1M6-1O-?011 CHAPTER III THE INSPECTION, ,MEASUREMENT AND EXAMINATION OF FOREST PRODUCTS Article 4 (1) Every forest product entering the region as re ferred to in Article 3 shall be subject to inspection, measurement and examination by the authorized officer to ensure that it matches the accompany ing document. (2) The inspection, measurement and examination of forest product as referred to in paragraph (1) shall take place at the forestry service post, the forest rv product hoarding and accommodating place. (3) The authorized officer as referred to in paragraph (1' ahall makc an official report on the inapection, measurement and examination of forest product. 14} rurther procedures of inspection, measurement and examination as referred to in paragraph (2) are to be provided for in the Regulation at the Governor. CHAPTER IV THE LICENCING AND EVALUATION OF THE PRIMARY INDUSTRY OF WOOD FOREST PRODUCTS Article 5 (1) Anyone or body engaged in the primary industry of forest products with a capacity ot up to 6.000 m3 [six thousand cubic meters) a year shall hold a business permit of the primary industry of forest products from the Governor. (2) The permit as referred to in paragraph (11 shall be \l'd\\d as\on9 as the relevant industry is still opera tional and evaluated at least once every 3 <three) years. <3) Anyone or body wishing to obtain a business per mit of the primary industry of forest products with a capacity of more than 6,000 m3 (six thousand cubic meters) a year shall receive a recommenda tion from the Governor. (4l Further requirements and procedures of applying for the permit and recommendation as referred to in paragraphs (1 L (2) and (3) are to be provided for in the Regulation of the Governor. CHAPTER V FOREST PRODUCT FACILITIES AND INFRASTRUCTURES Article 6 (1) Anyone or body c e n benefit from forest product facilities and infrastructures owned by the Re gional Government consisting of: a. forest product hoarding place; b. wood dehydrating and pr eservmq instrument; c. forest product processing instrument; d. instrument to test already-dehydrated and pre served wood and examine the types or quality af wood. (2l Further requirements and procedures of benefit ing from the facilities and infrastructures as re terred to in paragraph (1) are to be provided for in the Regulation of the Governor. CHAPTER VI FOREST PRODUCTS FROM AUCTION Article 7 25 (1) Forest products from an auction carried and/or moved shall be subject to inspection, measure ment and e xarnination. (2) Forest products from an auction as referred to in paraqraph (1) sh311 be equipped with a document and other certificates. CHAPTER VJI LEVIES Article 8 Anyone or body using the services of mea surement and examination, obtaining a business per mit of the primary industry of wood forest products, and benefiting from the facilities and infrastructures owned by the Regional Government shall be subject to levies the amount of which is set in the Regional Regulation on Regional Levies. CHAPTER VIII NURTURING AND SUPERVISION Article 9 (1) The Governor shall nurture and supervise anyone and/or body engaged in forestry business. (2) The Governor can delegate the task of nurturing and supervising anyone and/or body engaged in forestry business as referred to in paragraph (1) to the regional apparatuses responsible for the forestry sector. (3) The nurturing and supervision as referred to in paragraph (1) shall be done as part of the efforts to : a. familiarize the public with the forestry law; b. improve the legal awareness of anyone and/ or body engaged in the forestry sector and ap paratuses implementing this Regional Regula tion; c. supervise the circulation of forest products. CHAPTER IX PUBLIC PAnTICIPATION Article 10 (1) Tile public can par tlclpaie ill supervisinq the cir culation of forest products and the primary indus try of forest products. (2) The public participation as referred to in para graph (1) is conducted by giving; a. information; b. suggestions; c. considerations. CHAPTER X ADMINISTRATIVE SANCTIONS Article 11 Officers violatinq provisions in Article 3 para graph (2), Article 4 paragraph (1) and parag raph (4) shall be liable to personnel disciplinary sanctions ac cording to the law and regulation. Article 12 Anyone or body engaged in the wood forest product industry that is not equipped with a business permit and violating provisions in Article 5 paragraph (1) and parag raph (2) shall be liab Ie to ariministrativa sanctions in the form of : 8. written warnings issued 3 (three\ times at an in terval of 7 (seven) days; 26 l:Iusiness News IHIDIt>-1U-1U7J b. having their business closed. Article 13 Anyone or body engaged in the primary in dustry of wood forest products by holding a business permit but the capacity of the industry exceeds that contained in the business permit, shall be liable to administrative sanctions in the form of : a. written warnings issued 3 (three) times at an in terval of 7 (seven) days; b. having their permit revoked; c. having their business closed. CHAPTER XI INVESTIGATION Article 14 (1) Besides officials of the Police of the Republic of Indonesia tasked with investigating criminal of fences, the investigation of the criminal offenc es as referred to in this Regional Regulation can also be conducted by civil servant investigators (PPNS) of the Regional Government. (2) In conducting the investigation. the PPNS officials as referred to in paragraph (1) have the authority to: a. receive a report or complaint from an individual about a criminal offence; b. take the first step at that time on the scence and conduct inspection; c. ask a suspect to stop and check the identity of the SUSpt:Cl; d. confiscate articles or letters; e. take fingerprints and take a picture ot oi.her 1 person/an individual; f. summon people to undergo questioning as a suspect or witness; g. invite an expert used in the investigation of case; h. stop investigation after receiving guidance that there is no adequate evidence or the case is not a criminal offence, and then give the matter to the public prosecutor, the suspect or his/her relatives; I. take other legal action that can be accounted for. (3) In performing their duties, PPNS officials are not authorized to make an arrest and/or detention. (4) PPNS officials shall make an official report for each action on: a. the investigation of suspect; b. the ransacking of house; c. the seizure of articles; d. the examination of letters; e. the investigation of witness; f. on-the-spot investigation and send the dossiers to the District Court with a copy addressed to the investigators of the Police of the Republic of Indonesia. CHAPTER XII CRIMINAL PROVISIONS Article' 15 (1) Anyone or body that carries forest product along with the accompanying document without report ing to the forestry service post and violates provi srons 'In Article 3 paragraph (1) shall be sentenced 27 to a maximum of 3 (three) months in jailor be fined a minimum of Rp15,OOO,OOO (fifteen million rupiahs) and a maximum of Rp50,000,OOO (fifty million rupiahs). (2) The criminal offence as referred to in paragraph (1) is violati on. Article 16 (1) Anyone or body that does not conduct inspec tlon, measurement and examination nor com plete a document and other legal certificates for forest product from an auction shall be sentenced to 3 (three) months in jailor fined a minimum of 15,000,000 (fifteen million rupiahs) and a maxi mum of Rp50,OOO,OOO (fifty million rupiahs). (2) The criminal offence as referred to in paragraph (1) is violation. Article 17 (1) Anyone or body that enters forest product with out any document or the physical condition of forest product does not match the document or other legal certificates and violates provisions in Article 2 paragraph (1J shall be liable to criminal sanction according to the law. (2) The criminal offence as referred to in paragraph (1) is a crime. CHAPTER XIII TRANSITIONAL PROVISIONS Article 18 When this Regional Regulation takes effect, a. permits issued before this Regional Regulation takes effect shall remain valid; b. permit applications being processed shall be set tled based on this Regional Regulation. CHAPTER XIV CONCLUSiON Article 19 When this Regional Regulation begins to take effect, Regional Regulation No. 11/2004 on the Cir culation of Forest Products and the Primary Industry of Wood Forest Products shall be declared null and void. Article 20 This Regional Regulation shall come into force as from the date of promulgation. For public cognizance, this Regional Regula tion shall be promulgated by placing it in the Regional Gazette of the Special Capital Province of Jakarta. Stipulated in Jakarta on November 3, 2008 THE GOVERNOR OF THE SPECIAL CAPITAL PROVINCE OF JAKARTA, sgd. FAUZI BOWO Promulgated In Jakarta on November 3, 2008 THE REGIONAL SECRETARY OF THE SPECIAL CAPI TAL PROVINCE OF JAKARTA, sqd, MUHAYAT NIP 050012362 28 Business News 8116/6-10-2011 GOVERNMENT REGULATIONSRlII~il~~~~l\1~'.~\r[l\ ·\\\.','I\~'"Bf(~~:·1J'I11lI~',\\\\' REGIONAL GAZETTE OF THE SPECIAL CAPITAL PROVINCE OF JAKARTA OF LOO~ NO.9. ELUCIDATION OF REGIONAL REGULATION OF THE SPECIAL CAPITAL PROVINCE OF JAKARTA NO. 912008 ON THE CONTROL OF THE CJACUlATION OF FOREST PRODUCTS AND THE PRIMARY INDUSTRY OF WOOD FOREST PRODUCTS I. GENERAL The Special Capital Province of Jakarta as the center of administration, services, and trade is the biggest destination city for the marketing of forest products from other regions. The volume of forest products entering the Special Capital Province of Jakarta increases ev erv vear. consisting of logs. processed wood. and non-wood forest products. Processed wood for f'st proriucts are not only consumed by the public for the development of housing. office buildings, shopping centers and recreational areas but also are shipped to other regions and even exported. The increasing volume of logs entering the Spe cial Capital Province of Jakarta has encouraged tile grOWlll of woad rarest product industries. To control the circulation of forest products and the industry of wood forest products, the Special Capital Province of Jakarta has issued Regional Regulation No. 111 2004 on the Cin:'lJ\ation ot Forest Products and the Primary Industry of Wood Forest Products. With the enactment of Regulation of the For estry Minister No. P. 551MENHUT12006 on the Administration of Forest Products Originating from State Forests as has been amended by Reg ulation of the Forestry Minister No. P, 63/MEN HUT12006, there has been a change in the pro cedure and nomenclature of the types of permits over which the authority is given to the region and therefore. Regional Regulation No. 1112004 needs to be amended by issuing a Regional Regu lation. II. ARTICLE BY ARTICLE Article 1 point 1 up to point 3 Sufficiently dear. point 4 Referred to as : a. wood forest product is log. sawn timber and semi finished wood; b. non-wood forest product is non-wood forest prod uct including plontationcommodities collected from state forests such as rattan, resin, volatile oil, and bark. point 5 up to point 13 Sufficiently clear. Article 2 Paragraph (1) Bus;ness News 811616·/0·2011 29 Referred to as entering is circulating, and transiting In and passing through the territory of the Special Capital Province of Jakarta. Paragraph (2) Sufficiently clea,r. Article 3 Sufficiently clear. Article 4 Paragraph (l) Sufficiently clear. Paragraph (2) Referred to as hoarding place is the place owned by the Regional Government to accommodate forest products and the place has met technical re quirements to accommodate and collect forest prod ucts and maintain their quality. Referred to as accommodating place is the place owned by the private sector to accommodate and col lcct forcct products. Paragrapli (3) and Paragraph (4) Sufficiently clear. Article 5 Paragraph (1) The decision to set the maximum capacity of up to 6,000 m3 (six thousand cubic meters) is based on the regional authority according to the law. Paragraph (2) up to Paragraph (4) Sufficiently clear. Article t.i Sufficiently clear. Article 7 Paragraph (1) Referred to as forest product from auction is forest product seized from illegal logging. Paragraph (2) Sufficiently clear. Article 8 and Article 9 Sufficiently clear. Article 10 Paragraph (1} Sufficiently clea r , Paragraph (2) Referred to as public participation is the in volvement of the public in controlling the circulation uf Iorest I-lrOUUt;lS and the primary indus trv of wood forest products to assist the Regional Government. Article 11 up to Article 20 Sufficiently clear. (S) 30 Business News 811616-10-2011