Regulation of RI Forestry Minister No. 39/MENHUT-II/2010 concerning general pattern, criteria and standard of forest rehabilitation and reclamation

1A GENERAL PATIERN, CRITERIA, ANDSTANDARD OF FORETS REHABILITATION AND RECLAMATION (Regulation of RI Forestry Minister No. 39/MENHUT-II/2010, dated August 11, 2010) WITH THE BLESSING OFTHE ONE AND ONLY GOD FORESTRY MINISTER OFTHE REPUBliC OF INDONESIA, Considering: That in order to exercise provisions of Article 7 of Government Regulation No. 76 Year 2008 concerning for est Rehabilitation and Reclamation, it is necessary to stipu late a regulation of the Forestry Minister of the Republic of Indonesia concerning General Pattern, Criteria and Stan dard of Forest Rehabilitation and Reclamation; In view of: 1. Law No. 41 year 1~99 (I:3N No. b40U pgs 1I:3-HI:3 etc) +, .,., concerning Forestry (State Gazette of the Republic of Indonesia Year 1999 No. 167, Supplement to State Gazette of the Republic of Indonesia No. 3888) having been amended by Law No. 19 Year 2004 (BN No. 7140 pgs 31B-32B) concerning Stipulation of Government Regulation in Lieu of Law No. 1 Year 2004 (BN No. 7034 page 98) concerning Amendment to Law No. 11 Year 1999 concerning Forestry to Become a Law (State Gazette of the Kepublic ot Indonesia Year 2004 No. 86, Supplement to State Gazette of the Republic of Indo nesia No. 4412); Business News 8062/1-28-2011 2. Law No. 32 Year 2004 (BN No. 7152 pgs 9B-18B etc) concerning Regional Government (State Gazette of the Republic of Indonesia Year 2004 No. 125, Supplement to State Gazette of the KepubHc of Indonesia No. 4437) having been amended several times, lastly by Law No. 12 Year 2008 (BN No. 7661 pgs 11B-18B etc) (State Gazette of the Republic of Indonesia Year 200BNo. 59, Supplement to State Gazette of the Republic 'Jf Indo nesia No. 4844); 3. Government Regulation No. 35 Year 2002 (BN No. 6826 pgs 1B-6B) concerning Reforestation Fund (State Ga zette of the Republic of Indonesia Year 2002 No. 67, Supplement to State Gazette of the Republic ot Indo nesia No. 4207) having been amended by Government Regulation No. 58 Year 2007 (8N No. 7594 page 158) (State Gazette of the Republic of Indonesia Year 2007 No. 131, Supplement to State Gazette of the Republic of Indonesia No. 4776); 4. Government Regulation No. 44 Year 2004 concerning Forest Planninq (State Gazette of the Republic cf Indo nesia Year 2004 No. 146, Supplement to State Gazette of the Republic of Indonesia No. 4453); 5. Government Regulation No. 45 Year 2004 concerning Forest Protection (State Gazette of the Republic of Indonesia . 2A Indonesia Year 2004 No. 147, Supplement to State Gazette of the Republic of Indonesia No. 44S3) hav ing been amended by Government Regulation No. 60 Year 2009 (State Gazette of the Republic of Indone sia No. 147, Supplement to State Gazette of the Re public of Indonesia No. 4153); 6. Government Regulation No.6 Year 2007 (BN No. 74S7 pgs 12B-16B etc) concerning Forest Management and Compilation of Forest Management Plan and Utiliza tion of Forest (State Gazette of the Republic of Indo nesia Year 2007 No. 22, Supplement to State Gazette of the Republic of Indonesia No. 4696) having been amended by Government Regulation NO.3 Year 2008 (BN No. 7630 pgs 17B-20B etc) (State Gazette of the Republic of Indonesia Year 200S No. 16, Supplement to State Gazette of the RepublicofIndonesia No. 4814); 7. Government Regulation No. 38 Year2007 (BN No. 7576 pgs 1B-6B) concerning Division of Government Affairs between the Government, Provincial Regional Gov ernments, and Regency/City Regional Governments (State Gazette of the Republic of Indonesia Year 2007 No. 82, Supplement to State Gazette of the Republic of Indonesia No. 4737); S. Government Regulation No. 76 Year 200S(BN No. 7881 pgs 18B-22B) concerning Forest Rehabilitation and Reclamation (State Gazette of the Republic of Indone sia Year 2008 No. 201, Supplement to State Gazette of the Republic of Indonesia No. 4947); 9. Presidential Decree No. 84 Year 2009 (BN No. 7875 Business News 8062/1-28-2011 pgs 13B-14B) Establishment of Indonesia United Cabi net; 10. Presidential Regulation No. 47 Year 2009 (BN No. 7927 pgs 2B-12B) concerning Establishment and Organiza tion of State Ministries; 11. Presidential Regulation No. 24 Year 2010, concerning Position, Mission, and Functions otState Ministries, and Organization Composition, Duties, and Functionsof Ech elon-IOfficials; 12. Forestry Minister Regulation No. P.13/MenhuHI/~005 concerning Organization Structure and Work Mecha nism of the Forestry Department, having been amended several times, lastly by Forestry Minister Regulation No. P.64/Menhut-II/200S (State Gazette of the Republic of Indonesia Year 200S No. 80); 13. Forestry Minister Regulation No.: P. 70/Menhut-II(2008 concerning Technical Guidelines on the Rehabilitation of Forest and Land (State Gazette of the Republic of Indonesia Year 2008 No. 96); 14. Forestry Minister Regulation No. P.60/Menhut-II/2009 (BN No. 7690 pgs 13B-18B) concerning Valuation Guide lines for Successful Forest Reclamation (State Gazelte of the Republic of Indonesia Year 2009 No. 317); DECIDES: To stipulate: FORESTRY MINISTERREGULATION CONCERNING GENElV.L PATTERN, CRITERIA, AND STANDARDOF FOREST REHJI BILITATIONAND RECLAMATION. CHAPTER I '" .. CHAPTER I DEFINmON Part One General Article 1 In this Forestry Minister Regulation, definitions of terms used are as follows: 1. (.;I"ner<=ll pattl"rn is the basic frame and reference in the performance of Forest Rehabilitation and Recla rnation activities. 2. Forest and land rehabilitation is an effort to restore, maintain, and improve the functions of forest and land so that its support capability, productivity and role to support life support system can always be secured. 3. Forest reclamation is an effort to correct or to restore damaged forest land and vegetation so that it can func tion at an optimum in accordance with its allocation. 4. Re-vegetation is an effort to repair and restore dam aged veqetation thru planting and maintenance activi ties on former forest zones. 5. River Basin,hereinafter abbreviated DAS(Daerah Aliran Sungai), is a land area being a unity with a river and its tributaries, functioning to accommodate, store, and to flow rain water naturally to lakes or to the sea, wherein its border on land is a topographical separa tor and border on the sea is until waters still affected by land activities. G. DA5 Mclnagement is a human effort to regulate an in ter-relation of man and all of his activities and the natu ral resources within a DAS, in order to materialize the Business News 8062/1-28-2011 3A preservation and harmony of the ecosystem and to increase the utility of natural resources for man con tinuously. 7. Forest and critical terrain is forest and land within and outside of forest zones no more functioning as media to regulate water and land productivity elements caus ing disturbances on the balance of DASecosystem. 8. Forest zone is a certain zone appointed and/or stipu lated by the Government to be secured as of its exist ence as a permanent forest. 9. Reforestation is an effort planting types of trees forest in damaged forest zones in the form of ernptv space, alang-alang (course grass), or underbrush tc restore the functions of forest. 10. Reforestation is an effort to restore critical ter-ain out side of forest zones to restore the functions of ':he land. 11. Coastal forests are trees growing on the shore and not affected by climate, and existing at the highest tide line, with tree types among others Cz sua rina equisetifolia, Terminalla catapa, Hibiscus tillaceus, Cocos nucifera and Arto-carpus altllis. 12. Turf/swamp zone is a zone where a majority of its land forming elements is in the form of organic sub stance remains accumulated for a long time 13. Vegetation enrichment is an activity to add its variety by utilizing growth space at an optimum by planting trees. 14. Maintenance of forest is an activity to keep, secure, and increase the quality of vegetation being the prod uct of reforestation, greening and vegetation enrich ment activities. 15. Use . 15. Use of forest zones for the interest of development outside of forestry activities, hereinafter referred to as use afforest zones, is the use for unavoidable strate gic purposes, among others, activities of mining, de velopment of electricity, telephone, and water installa tion nets, religion interests, and security and defense interests. 16. Central Government, hereinafter referred to Govern ment, is the President of the Republic of Indonesia holding the power of government of the State of the Republic of Indonesia as meant in the 1945 State Con stitution ofthc Republic of Indonesia. 17. Minister is the minister assigned the duty and respon Sibility in the field of forestry. 18. Regional Government is the governor, regent/mayor, and regional apparatus as performing elements of the regional government. Part Two Purpose and Objective Article 2 (1) Purpose of general pattern is to provide a basic frame in the performance of rehabilitation of forest and land, and forest reclamation containing principles and ap proach. (2) Objective of general pattern is to obtain a common basis on basic approach and its principles, pattern of performance, and performance control mechanism, in order to achieve an effective product and impact in Business News 8062/1-28-2011 4A accordance with the objective of Forest Rehahilitction and Reclamation. (3) Purpose of criteria and standard of rarest Rehabilita tion and Reclamation is to provide a reference and measurement to be used as criteria as basis in the performance of Forest Rehabilitation and Reclamation. (4) Objective of criteria and standard of rehabilitation and reclamation is to provide guidelines and/or signs in the performance of Forest Rehabilitation and Recla mation. CHAP1ERII PERFORMANCE OF RHL Part One General Article 3 Performance of Forest Rehabilitation and Recla mation shall be carried out guided by: a. General pattern; b. Criteria and standard of forest rehabilitation and rec lamation. Part Two General Pattern Article 4 General pattern referred to in Article 3 letter a covers: a. Principles; and b. Approach. Paragraph 1 ..... Paraoraph 1 Principles Article 5 Basic principles for the performance afforest and land rehabilitation and forest reclamation referred to in Article 4 letter a cover: a. Continuous budgeting system (multi years); b. Clarityof authority; c. Tenurial System knowhow; d. Costsharing; e. Implementation of incentive system; f. Empowerment of community and institution capacity; g. Participative approach; and h. Transparency andaccountability. Article 6 Principle of multi-years continuous budgeting sys tem referred to in Article 5 letter a, is performedwith the folloWing method: a. Adopting the silvi-culturesystem andconditionof the climate and weather; b. TImely planning and perfonnance; c. MUlti-years based budgetingadministration system; d. Multi-years reclamation funding by reclamation per formers Article 7 Principle of clarity of authority, referred to in Article 5 letter b, is performed with the followtnq method: 6u5iness News 8062/1-28-2011 SA a. Performance of forest and land rehabilitation is car riedout by the Government, Provincial Govemments, and Regency/City Governments in accordance with its authority; b. Perfonnance of forestand land rehabilitation onareas that had beengranted with permit/right isperformed by the pennit/right holder. ArticleS Principleof Tenurial System knowhowreferredto inArticle S letterc, isperfonned with the folloWing method: 0). Forest rehabilitation efforts and forest reclamation for each forest functions shall be adjusted to stipulated forestfunctions; b. Rehabilitation afforest andlandandforestreclamation shall be based on certaintyof right on land and a clear understanding of the character of the zone functions. Article 9 Principle of cost sharing referred to in Article 5 letter d, is performed with the following method: a. In the performance of forest and land rehabilitation, involvementof thecommunity both inthe formof man powerandmeans andinfrastructures canbeaccounted for as costs, hence forest and land rehabilitation ef forts cancontribute benefit to the Stateandtile com munity; b. In the reclamation afforest struck by naturaldisaster; the Government canallocatebudgetproportionally to holders of right. Article :lO..... ,~ . ArtIcle 10 Principleof implementation of incentive system re ferred to in Article 5 letter e, is performed with the follow ing method: a. In the performance of rehabilitation of forest and land, the Government can provide support in the form of policy instruments that can motivate the achieve ment of the rehabilitation purpose and objective among others permit facilities, market access, and awards; b. In forest reclamations, Government incentive can be provided in the form of technical guidancel monitoring and evaluation. Article 11 Principle of empowerment of the community and institution capacity referred to in Article 5 letter f, is per formed with the following method: a. Performance of forest and land rehabilitation shall be able to provide forest resources benefits for the com munity at an optimum and justly thru the development of capacity and the provision of access in the context of prosperity improvement; b. In the Improvement of the cepadty of community insti tutions, the Government can provide technical gUid ance,elucidation, and to offer full role. Article 12 Principle of participative approach referred to in Article 5 letter 9, is performed with the following methoo', BusinessNews 8062/1-28-2011 6A a. MotIvate the participation of the communIty and re lated parties: b. Paying due observance on local institutions, local in puts, and local technologies. Article 13 Principle of transparency and accountabillty re ferred to in Artlde 5 letter hi is performed with the follow ing method: a. Compilation of planning, preparation, performance and control shall be performed transparently, can be ac cessed by the community, and its products can be ac counted for; b. In forest reclamation, holders of right of management or permit for the utilization of forest shall report recla mation performance process periodically to the Gov ernment. Paragraph 2 Approach Article 14 Approach in the context of the performance of Forest Rehabilitation and Reclamation referred to in Article 4 let ter b, covers the aspects of: a. Politics; b. Social; c. Economy; d. Ecosystem; and e. Institution and organization. Article 15 Approach thru the aspect of politics referred to in ,Article 14 letter a, is performed by usinq issues on globill heating/wanning, natural disaster/catastrophe, flood, land slides and drought to augment RHL activities as priority program in the National Development. Article 16 Approach thru social aspects referred to in Article 14 letter b is performed with the following method: a. Performance of forest and land rehabilitation is ex pected to be able to provide a benefit for the improve ment of community prosperity; b. Forest and land rehabilitation efforts shall be adjusted to the social culture condition of the local community and shall avoid horizontal conflicts in the community; c. Motivate the growth of social awareness on together ness, augmenting community institutions, and devel opment of tree planting culture. Article 17 Approach thru economy aspects referred to in Article 14 letter c is performed with the tollowtnq method: a. Forest and land rehabilitation in the long term shall be directed to improve the economy and income of the community; b. Forest and land rehabilitation efforts shall be devel oped thru the augmentation of institutions suchas busi ness partnership, market access and capital for the community. BusinessNews 8062/1-28-2011 7A Article 18 Approach thru ecosystem aspect referred to in Article 11 letter d is performed with the following rnethod: a. Forest rehabilitation efforts and land and forest recla mation shall be placed within a DASframe as a Man agement Unit by paying due observance on land sup port capability and land suitability, and by observing the variety of types; b. Forest and land rehabilitation and forest reclamation shall be adjusted to the National Space Layout Plan and Provincial Space Layout Plan; c. In order to support the planning, performance, moni toring of evaluation of products and impacts of reha bilitation, It IS necessary to develop forest and land information system based on DAS. Article 19 Approach thru institution and organization aspects referred to in Article 14 letter e is performed with the fol lowing method: a. RHL planning and performance is performed by com petent human resources thru education and training; b. ReInfOrcing of central and regional organization struc tures that are effective in the handling of RHL activities; c. Preparation of mechanism of organization wcrk rela tionship order of the central and Regional Governments down to field performers, creating a two way commu nication, culture empowering and healthy control, same perception to achieve objectives and manage decision making process and manugementofconflicts. CHAPTER III .... , CHAPTER III CRITERIA ANDSTANDARD Part One General Article 20 Criteria and standard referred to in Article 3 Jetter b cover: a. Criteria and standard of rehabilitation; b. Criteria and standard of reclamation. Part Two Criteria and Standard of Rehabilitation Article 21 (1) Crlteria and standard of rchebilitation cover the as peetsof: a. Lone; b. Institution; and c. Technology. (2) The aspects of zone, institution and Technology are performed in one management system of Forest Re habilitation and Reclamation performance. Paragraph 1 Zone Aspect Article 22 (1) Zoning aspect referred to in Article 21 paragraph (1) letter a is performed both on state forest zones and forest zones outside of state forests. (2) Rehabilitation of State Forest Zones is carried out on: a. Conservation Forest Zones; Dusiness News 8062/1-28-2011 8A b. Protection Forest Zones; and c. Production Forest Zones. (3) Rehabilitation in zones outside of state forests is per formed on land having right there-on covering: a. Land Rehabilitation / Retorestatlon: and b. Rehabilitation of Mangrove and Coastal Forest. Article 23 Zoning aspect of conservation forest covers: a. Rehabilitation of conservation forests except in natural reserves and national park chore zone, with the pur poseto maintain and improve the variety and the pres ervation of flora and fauna; b. In conservation zones except in natural reserves and national park chore zones, performance of forest re habilitation shall be carried out without damaging the functions of conservation; c. Stipulation and selection of vegetation types shall be oriented to local types performed with enrichment method. Article 24 Zoning aspect in protected forests is performed with the followiny provisions: a. Rehabilitation of protected forests is meant to restore the functions of DASupstream hydrology and land sta bility to ensure the quantity, quality, continuity of wa ter supply and prevention of slides and flood disas ters; b. In ..... b. In protected forests, selection of vegetation types shall be oriented to vegetation types producing non-wood forest products thru the development of forestry vari ety business. Article 25 Zoning aspect of production forest is performed with the rollowinq provisions: a. Rehabilitation of production forest is meant to restore and improve forest productivity; b. Selection of vegetation types in production forests may be adjusted with the types of industrial forest vegeta tion simultaneously related with the supply of raw material for industries. Article 26 Zoning aspect in the performance of land reha bili tation covers: a. protection zone; and b. cultivation zone. Article 27 Zoning aspect outside of state forest zone in pro tection zones is performed with the followinq provisions: a. Land rehabilitation in protection zones IS directed to secure and improve the functions of water order pro tection and prevention of flood and land slide natural disasters; b. Land rehabilitation in protection zones shall continue to accommodate the local community farminq busi Business News 8062/1-28-2011 9A ness culture, in the event the culture farrning business culture is not in accordance with the ability ard suit ability of the land; c. The Government and regional governments shall take efforts to develop patterns of incentives for the com munity among others in the form of aid in the form of seed, technical assistance, tax facilities. Article 28 Zoning aspect outside of state forest zones in cul tivation zones is performed with the followinq provisions: a. Land rehabilitation in cultivation zones is meant to maintain and improve the productivity of land; b. Land rehabilitation shall be developed in accordunce with the class of land ability. Article 29 Zoning aspect outside of state forest zones i:l man grove and coastal forest areas is performed with the fol lowing provisions: a. Rehabilitation of mangrove forest is performed lhru activities on the development of vegetation, vegeta tion maintenance, vegetation enrichment and/ or imple mentation of land conservation techniques by vegeta tive means and civil techniques means; b. The general pattern of rehabilitation performance in the zone is as follows: 1) Rehabilitation of mangrove forests is directed for the development of forest vegetation as deterrru nant element of shore ecosystem; 2) Rehabilitation ..... 2) Rehabilitation of degraded mangrove forests is per formed by overall planting whereas for locations used as fish ponds is performed hy vf>gf>tation f>n richment, among others thru silvo-fishery (walldmirld =fore~t fish) system; 3) Performanceof rehabilitation activities on mangrove forests is carried out by the Government, Provincial Governments, Regency/City Governments, BUMN/ BUMD, and the community. Article 30 Zoning aspect in turf/swamps area is performed with the folloWing provisions: a, Rehebilitetion on turf/swamps area is performed thru activities development of veqetation, maintenance of vegetation, enrichment of vegetation and/or implemen tation of land conservation by vegetative and civil tech nical methods; b. Performance of rehabilitation of turf/swamp area is as follows: 1) Rehabilitation of turf/swamp area is directed to re store the functions of turf/swamp ecosystem as micro climate support and in the context of mitiga tion of climate change; 2) Rehabilitation of turf/swamp area is performed based on turf/swamp depth criteria. c. For turf/swamps within forest zones, activities shall be performed by the Government, Provincial Govern ments, Regency/City Governments, BUMN/BUMD by involving the community; BU5ines~ News 8062/1-28-2011 lOA d. Rehabilitation of turf/swamps outside of forest zones shall be performed by the community with the support of the C:;overnmf>nt, Provincial Governments, Rf>genry/ City Governments. Paragraph 2 Institution Aspect Article 31 Criteria and standard of institutions in the reha bilitation of forest covers: a. Development of existing institutions due to the trans formation of Government institution structures as well as the low efficiency of institution making it necessary to perform adjustments there-to, b. At operational level, performance of forest and land rehabilitation shall be institutionalized in accordance with potentials of the community and local business institutions; c. Re-development of institution structures shall be ac companied with the preparation of its capacity in the form of sorialization. preparation of mf>chanism and work relation order, formulation of guidelines for the preparation of fund Sources and rnear IS, preparation of criteria and standard, and training/leveling of staff is performed on normal performance structure of for est and land rehabilitation; d. Improvement of community institutions is also per formed thru potential basis of local institutions, local inputs, and local technology accompanied with the pro vision of economy incentives and institution services and ..... llA and clear protection from the Regional Government on rehabilitation efforts initiated and performed by local msntunons and the community; e. ExercisingDAS- based forest resources management infonnation asan objective basis for the performance, monitoring, evaluation and control of performance, products and impacts of rehabilitation; f. Perfonn studies on market structure, behavior, and perfonnance of various forest products including en vironmental services. This studv is required as basis for the utilization of economy/market structure for 10 eel inslilulions movinq in forest and land rehabilitation efforts, and as basis for the Government to provide appropriate incentives in accordance with existing market behavior; g. All economy potentials shall be planned and worked on carefully in every perfonnance of rehabilitation. Paragraph 3 TechnologicalASpect Article 32 Criteria and standard of technology for the reha bilitation of forest and land cover: a. Performance of forest rehabilitation efforts shall take into consideration the functions and status of forest zones, so that the rehabilitation of forest shall not dis turb and change forest functions both in the micro and macro scale; b. In conservation zones,the performance of forest reha bilitation shall notdamage forest conservation functions; BusinessNews 8062/1-28-2011 c. Stipulation of vegetation types shall not decide the cul tural relationshiphaving been woven betweenthe com munity and forest resources, so that the protected for est and conservation zones, selection of vegetation types is oriented to vegetation types producing non wood forest products thru the development of forestry variety business. Part Three Reclamation Criteria and Standard Article 33 Besides using the criteria and standard referred to in Article 3/ the reclamation of forest shall use arnonq others the following criteria and standards: a. Characteristics of activity locations; b. Types of activities; c. Land arrangement; d. Control of erosion and waste; e. Re-vegetation; and f. Socialeconomy development. Paragraph 1 Characteristics of Activity Locations Article 34 (1) Characteristics of forest reclamation activity locations referred to in Article 33 letter a are: a. Former mines; b. Former means and infrastructures. (2) Areas that must undergo reclamation cover: a. Former mines; b. Developmen: ..... b. Development of electricity net; c. Telephone; d Water insti'lliation; e. Religion interests; f. Security and defense interest, or g. Natural disaster. Paragraph 2 Typesof Activities Article 35 Types of forest reclamation activities referred to in Article 33 letter b cover: a. Inventorying of locations; b. Stipulation of locations; c. Planning; and d. Performance of redamanon. Article 36 Guidelinesfor activities of inventorying! stipulation oflocation, planning and performance of reclamation shall be regulated with a separate Minister Regulation. .Paragraph 3 Land Arrangement Arlicle 37 (1) Arrangement of land referred to in Article 33 letter c covers: a. Refilling former mine holes; b. Arrangement of ground surface; c. Stabilizing slopes; and Business News 8062/1-28 2011 12A d. Spreading top soil. (2) Land arrangement activity is used as criteria to deter rnina thf' success of forf'o;t raclamation. (3) Guidelines on the valuation of success afforest reclama tion shall be regulated a separate Minister Regulatim. Paragraph 4 Control of Erosion and Waste Article 38 (1) Control of erosion and waste referred to in Article 33 letter d, covers: a. Development of land conservation buildings (check dams, restraining dams, ravine controllers! drop structures, drainage channels, etc); b. Planting of cover crops to slow down the speed of water runoff and increase tnnltrattons: c. Erosion and sedimentation (to be observed from the occurrence of gully erosion and ditch erosion). (2) Activities on the control of erosion and sedimentation shall be used as criteria for the successof forest rec lamation. (3) Guidelines on the valuation of successof forest recla mation shall be regulated with a separate Minister Regulation. Paragraph 5 Re-vegetation Article 39 (1) Re-vegetation or tree planting referred to in 33 letter e, consist of: a. Width ...... 13A a Width of planting area; b. Percentage of vegetation growth; c. Number of vegetation per hectare; d. Composition of vegetation types; and e. Growth or health of vegetation. (2) Re-vegetation or tree planting activities shall be used as criteria of the success of forest reclamation. (3) Guidelines on the valuation of success of forest recla mation shall be regulated with a separate Minister Regulation. Paragraph 6 Development of Social Economy Article 40 Development of social economy referred to in Ar ticle 33 letter f, is performed with the following method: a. Besides the role to restore the functions of forest thru forest reclamation and re-veqetanon, the performance of forest reclamation shall also be able to develop the social economy of the community; b. Involvement of the community as supporting force and performer in the performance of forest reclamation. CHAPTER IV EMPOWERING THE COMMUNITY Article 41 (t) TIlecommumty shall oegIven theopportunlty and shall BusinessNews 8062/1-28-2011 he empowered so that it can play an equtvalent and empowered role, so as to be able to play an equiva lent role and as partner of the Government, regional government, and holders of right/permit in the cefor mance of Forest Rehabilitation and Reclamation. (2) Empowering the community is performed thru a par ticipative approach, namely thru empowerment, im provement of capacity, actualization of effectiveness and efficiency, and creation of cost sharing of the com munity in funding. (3) Empowering the community in ForestRehabilitation and Reclamation covers: a. Provision of authority/right/access; b. Improving the position/status of weak groups soas to have the same position as other groups; c. Provision of support to the community to actso as to be able to control its future. (4) Improvement of community capacity is orientec to the growth of a condition wherein the community can study while working for itself. (5) Empowering the community thru a participative ap proach is based on the followinq principles: a. The community as main player in planning, perfor mance and utility user; b. The community as decision maker; c. The Government as associate and controller of ac tivities; d. CertaInty ot rights and obligations of all parties; e. Community institutions aredeterminedby the com munity; r. AJ-!J-!fuactl based on the preservation or Iorest func tions includes variety of biological resources and variety of culture. CHAPTER V MANAGFMFNT AND CONTROL Article 42 (1) Managementand control are emphasized on the as pectof process products of ForestRehabilitation and Reclamation. (2) Considering that the performance of ForestRehabili tation and Reclamation hasa nature that is site-spe cific, multi years, and involving stake holders, a more independent valuation is required,and reportson con trol/valuationof products shallbe more transparent to the public. (3) Role of a professional community for superviston and control duties is required to be increased. CHAPTER VI CLOSING PROVISIONS Article 43 With the stipulationof thisForestryMinisterRegu lation, Forestry MinisterDecision No. 20/Kpts-II/2000 con cerning Genf'ral Pattf'rn, Standard and Criterirl on the Re habilitationof Forest and Land, is revokedanddeclared as not in effectany more. Business News 8062/1-28-2011 14A Article 44 This Forestry Minister Regulation commences to cometo effect from the date of enactment. Forpubliccognizance, this Forestry Minister Regu lation shan be announced in the State Gazette of the Re publicof Indonesia. Stipulated in Jakarta on AUgllst 11,2010 FORESTRY MINISTER THE REPUBUC OFINDONESIA, sgd. ZULI<IFU HASAN Enacted in Jakarta on August 11, 2010 MINISTER OFLAW AND HUMAN RIGHTS THE REPUBLICOF INDONESIA, sgd. PATRIAUS AKBAR STATE GAZETTE OFTHE REPUBUC OFINDONESIA YEAR 2010 NO. 391