Regulation of the Minister of Forestry No. P.11/Menhut-II/2009 concerning silviculture system inside area of Business Licence to Utilize Timber Forest Products in Production Forests

26A SILVICULTURE SYSTEM INSIDE AREA OF BUSINESS LICENSE TO UTILIZE TIMBER FOREST PRODUCTS IN PRODUCTION FORESTS (Regulation of the Minister of Forestry No.: P.ll/Menhut-II/2009, dated February 9, 2009) WITH THE BLESSING OFTHE ONE AND ONLY GOD 1HEMINISTER OFFORESTRir Considering: a. that inside area of Business License to Utilize Tim ber Forest Product - Natural Forests (IUPHHK-HA), Busines License to Utilize Timber Forest Products Eco-system Restoration (IUPHHK-RE) and Business License to Utilize Timber Forest Products - Timber Estate(IUPHHK-HT) in productionforests, operations may be performed with one or more SilvicultureSys tems, in accordance with the characteristics of for est resources and its environment as regulated in Article 34 paragraph (2) and Article 38 paragraph (1) of Government Regulation NO.6 Year 2007 in conjunction with Government Regulation No.3 Year 2008; b. that the Silviculture System referred to in letter a is meant so that efforts on the utilization cl production forests of natural forests, eco-system restoration,and cultured forests can bemanaged pursuantto principles of the management of preserved forests andto increase its productivity; c. that related with those issues, it is necessary to stipu late a regulation of the Forestry Minister concerning Silviculture System within an area of business permit for the utilization of woodforest products in production forests. Business News 7897/12-21-2009 In view of; 1. LawNo.5 Year 1990concerning Conservation of Natu ral Bio-Resources and its Ecosystem (Statute Book of the Republic of Indonesia Year 1990No.49; Supple ment toStatute Bookof the Republic ofIndonesia No. 3419); 2. Law No. 23 Year 1997 (BN No. 6092 pages 19A 21A andso on) concerning Managementof the Liv ingEnvironment (StatuteBook of the Republic of Indo nesia Year 2007No. 68; Supplement to StatuteBook of the Republic of IndonesiaNo.3699); 3. LawNo.41 Year 1999 (BN No. 6412pages lA-6A andso on) concerning Forestry (Statute Book of the Republic of IndonesiaYear 1999No.167,Supplement to Statute BookNo. 3888) having been amended by LawNo. 19 Year 2004 concerning Stipulation of Gov ernment Regulation In Lieu of Law No. 1 Year 2004 concerning Amendment to LawNo.41 Year 1999 con cerning Forestry to Become a Law(StatuteBook of the Republic of Indonesia Year 2004No.86, Supplement to StatuteBook No.4412); 4. LawNo.32 year2004 (BNNo. 7183pages lA llA andso on) concerning the Regional Government (Stat ute Book of the Republic of Indonesia Year 2004 No. 125, Supplement to Statute Book of the Republic of Indonesia No. 4437)having been amended byLawNo. S Year 2005 concerning Stipulation of Government Regulation In Lieu of Law No.3 Year 2005 (BN No. 7218 ..... 27A 7218 pages 20A-21A) concerning Amendment to law No. 32 Year 2004 concerning the Regional Gov ernment to Become a law (Statute Book of the Repub lic ofIndonesia Year 2005 No. 108, Supplementto Stat ute Book of the Republic of Indonesia No. 4548); 5. Law No. 26 Year 2007 (BN No. 7599pages lOA 30A andso on) concerning Spatial Layout (Statute Book of the Republic of Indonesia Year 2007 No. 68; Supplement to Statute Book of the Republic of Indone sia No. 4725); 6. Government ReglJlntinn No. 44 Year 2004 concerning Forest Planning (Statute Book of the Republic of Indo nesia Year 2007 No. 146, Supplement to Statute Rook of the Republic of Indonesia No. 4452); 7. Government Regulation NO.6 Year 2007 (BN No. 7529 pages tA-21A andso on) concerning Forest Order and Compilation of Forest Management Plan, and the Utilization of Forest (Statute Book of the Republic of Indonesia Year 2007 No. 22, Supplement to Statute Book of the Republic of Indonesia No. 4696) havinq been amended by Government Regulation No.3 Year 2008 (Statute Book of the Republic of Indonesia Year 2008 No. 16, Supplement to Statute Book of the Re public ofIndonesia No. 4814); 8. Presidential DecreeNo. 187/MYear2004 (ONNo. 7~28 pages30A-31A) concerning Establishment of Indo nesia United cabinet having been amended several times lastly by No. 31/P Year 2007; 9. Presidential Regulation No.9 Year 2005 concerning Position, Mission, Functions, Organization Structure, and Work MechaniSIll of State Ministries of the Repub lic of Indonesia having been amended several times, lasLly byNo. 2.0 Year 2008; Business News 7897/12-21-2009 10. Presidential Regulation No. 10 Year 2005 concerning Organization Units and Duties of Echelon-I of State Min istries of the Republic of Indonesia having been amended several times, lastly by No. 50 Year 2008; 11. Regulation ofthe Minister of Forestry No. P.13/Menhut II/2005 concerning Organization and Work Procedure of the Forestry Department having been amended sev eral times, lastly by No. P.64/Menhut-II/2008; 12.Regulation of the Minister of Forestry No.: P.58/Menhut II/2008 concerning Competence and Certification of Management Technical Manpower of Preserved Pro duction Forest (State Gazette of the Republic of Indo nesia Year 2008 No. 52) DECIDES: To stipulate: THE REGULATION OF THE MINISTER OF FORESTRY CON CERNING SILVICULTURE SYSTEM INSIDE AREAOF BUSI NESS LICENSETO UTILIZE TIMBER FOREST PRODUCTS IN PRODUCTION FORESTS CHAPTER I GENERAL PROVISIONS Article 1 In this Regulation, definitions of terms used are : 1. Production forest is a forest zone having its main func tion to yield forest products. 2. Business license to Utilize Timber Forest Products of Natural forest, hereinefter abbrevieted to IUPHHK-HA) is a business permit given to utilize forest products in the form of wood from a natural forest In production forests thru activities on harvesting or cutting, enrich ment, maintenance and marketing. 3. !:Suslness .. 28A 3. Business License to UtilizeTimber ForestProducts of Industrial Timber Estate, hereinafter abbreviated to IUPHHK-HTI is a business permit provided to utilize forest products in the form of wood from production forests thru activitieson land preparation,cultivation of seedlings, planting, maintenance, harvesting, and marketing. 4. Business License to UtilizeTimber ForestProducts of ecosystem restoration in natural forests, hereinafter abbreviated to IUPHHK-RE isa business permit given to develop a zone Ina natural forest in production for ests having an important ecosystem so that its tunc tions and representation can be maintained thru ac tivitieson maintenance, protection andthe recovery of forestecosystem including planting, enrichment, spac ing(thinning out), breeding animals, andreleasing flora and fauna to restore bio-elements (flora and fauna) and nonbio-elements (land, climateand topography) of a zone back to itsoriginalnaturein order to achieve a balance of the biological andecosystem. 5. Silviculture System is a harvestingsystemaccording to the place of growth based on the formation of for estdevelopment, r,e. thedimaticandedaohis process, and types of forests developed in the context of the managementof preserved forest or systemof forest planting techniques fromtheselection of seeds or seed lings, raising seedlings, planting, maintaining plantsand harvesting. 6. MiniGter is the Ministerassigned the duty and respon sibility in the aspectof forestry. 7. DirectorGeneral is the Director General assigned the duty and responsibility in the aspectof Forest Produc tion Management. Business News 7897/12-21-2009 8. Provincial Service is the Service assigned the mission and responsibility in the aspectof forestry in a Prov incearea. 9. Regency/City Service is the Service assigned the mis sion and responsibility in the aspectof forestry in a Regency/City area. CHAPTERU SILVICULTURE SYSTEM Article 2 (1) Silviculture System to be chosen andimplemented shall be based on: a. Age of stands; b, Forestharvesting system. (2) Silviculture System based on the age of stands as meant in paragraph (1) letter a consists of: a. SilvicultureSystem for standsof the sameage; b. Si lviculture System for stands notof the same age. (3) Silviculture System based onforestharvesting asmeant 1 in paragraph (1) letter b consists of: a. selective cutting system; b. total cutting system. Article 3 (1) Silviculture System for stands of the same ageas re ferred to in Article 2 paragraph (2) letter a, is per formed by Total Cutting with Artificial Rejuvenation (THPB) and/or Total Cutting with NaturalRejuvena tion (THPA). (2) In order to maintainnatura! regeneration andthe for mation of forest structure, basically harvesting shJII becarriedout usingthe IndonesianSelective Cutting Planting (TPTI) system. ArLiLle 4 ..... Artide4 (1) Silviculture System for stands not of the same age as referred to in Article 2 paragraph (2) letter b, is per formed by selective cutting on: a. individuals; b. groups; c. columns. (2) The Individual Selective Cutting Silviculture System meant in paragraph (1) letter a, is performed with In donesian Selective Cutting Planting (TPTI). (3) The Group Selective Cutting Silvirnlture ~ystf'm meant in paragraph (1) letter b, is performed with Gap/Dis continuous Cutting (TR). (4) The Column SelectiveCutting Silviculture System meant in paragraph (1) letter c, is performed with Column Selective Cutting (TPTJ). Article 5 (1) The THPB Silviculture System referred to in Article 3, is implemented on logged over area or on cultured forest in common production forests or production for est that can be converted within a businesspermit area for the utilization of products of wood forest in produc tion forests based on Business Work Plan on the Utili zation of Wood Forest Products (RKUPHHK). (2) The THPA Silviculture System referred to in Article 3, is implemcnted on logged ovcr area or in cultured for est thru a coppice system and/or generative in cam mon production forests or production forests that can be converted within a business permit area for the utilizetion of products of wood forest in prouucuon for ests based on Business Work Plan on the Utilization of Wood Forest Products (RKUPHHK). Business News 7897/12-21-2009 29A Article 6 (1) TPTI and/or TR Silviculture System referred to in Ar ticle 4 paragraph (2) and paragraph (3), are imple mented on virgin forests or logged over areas within a business permit area for the utilization of wood forest products in production forests based on Business Work Plan on the Utilization of Wood Forest Prndurfs (RKUPHHK). (7) The TPTJ Silviculture System refprrf'd to in Article 4 paragraph (4), is implemented on logged over areas within a husiness permit area for the utilization of wood forest products in production forests based on Busi ness Work Plan on the Utilization of Wood Forest Prod ucts (RKUPHHK). Article 7 (1) Performance of Silviculture System referred to in Ar ticle 3 and/or Article 4 thru an Annual Work Plan (RKT) shall be submitted based on RKUPHHK by the Techni cal Manpower on the Management of Preserved Pro duction Forest - Forest Management (GANISPHPL BINHUT) (2) Competence and certification of Technical Manpower on the Management of Preserved Production Forest· Forest Management (GANISPHPL-BINHUT) asmeant in peraqreph (1), is regulated in Forestry Minister Regu lation No. P.58/Menhut-II/2008. CHAPTER III CYCLE AND CUTTING CYCU: Article 8 (1) cycle of stands of the same age as reterred to in Article 2 .... Article 2 paragraph (2) letter a is stipulated based on ripeagefor economical cutting and/or based onmaxi mumyieldingage. (2) Cycle for standsnot of the sameageas referred to in Article2 paragraph (2) letter b, is stipulatedbased on the cutting diameter of stand cutting cycleof natural forests. (3) Cuttingcycle andcutting diameterreferred to in para graph (2) is as follows; a. on dry landforests: 1) 30 (thirty) yearsfor diametersof 40 cm (forty centimeters) incommon production forests and/ or in convertible productionforests, and SO cm (fiftycentimeters)in limited production forests usingthe TPl1 or TRSilviculture System. 2) 25 (twenty five) yearsforTPTJsystem on plant columns with a width of 3 (three) mf'ters <;.hall becut totally, and in in-between columns, those having a diameter as of 40 em (forty centime ters). b. in swamp forests: 40 (forty) yearsfor diameters of 30 em (thirty centimeters) c. in mangrove forests: 20 (twenty) years for chip raw material and 30 (thirty) years for charcoal for di ameters of 10 em (ten centimeters) CHAPTER IV SILVICULllJRE TECHNIQUE Artkre 9 (1) Silviculture techniques, amongothers Selection Man agement (sma PiHh) or Indonesian IntensiveSelective Cutting for the Silviculture System referred to in Ar ticle 4 arestioulatedby the DirectorGeneral. Business News 7897/12-21-2009 30A (2) The Silviculture techniques meant in paragraph (1) among others are in the form of choosing the types, tree breeding, provision of seedling, manipulation of the environment, plantingand maintenance. CHAPTER V MANAGEMENT AND CONTROL Article 10 (1) The Dlrector Generalexercisesthe managementon the performance of Silviculture System and Silvi culture technique by holders of IUPHHK and/or on KPHP. (2)The Head of Province ForestryServke exercises con trol on the performance of Silviculture System andSil viculture technique thru a Controllerof Management Technical Manpower of Preserved Production Forest Forest Management (WASGANISPHPL-BINHlff) based on technical guidanceof the DirectorGeneral. (3) Competence and certification of WASGANISPHPL BINHUT referred to in paragraph (2) is regulated in Minister Regulation No. P.5a/Menhut-II/200a. CHAPTER VI OTHER PROVISIONS Article 11 (I) Change of cutting cycle and/or cutting diametermay be proposed to the Minister, and the Minister will as sign the ForestryResearch & Development Board to performa stuov, (2) Based on result of the study of the Forestry Research & Development Board, the Minister can approve or rejectthe proposal for the change of cuttingcycle and/ or cutting diamete.{ asmeant in paragraph (1). (3) Exception ..... 31A (3) Exception on the change meant in paragraph (1) may be granted directly to a permit holder, if the permit holderuses helicopterloggingand/or skyline logging in the performance of harvesting. CHAPTER VII TRANSmONAL PROVISIONS Article 12 (1) Implementation of Silviculture System that had been stipulated before the issuance of this regulation is still appli cable. (2) Revision of Silviculture System on IUPHHK-HAand IUPHHK-HT maybe submitted to adopt this regulation, and shall be submitted thru a revision of Work Plan on ForestUtilization Business (RKUPH). (3) Compilation, evaluation and legalization of RKUPH os meant in pareqraph (2), ore regulated in separate Minister regulations. CHAPTER VIII CLOSING PROVISIONS Artide 13 With the stipulation of this regulation, ForestryMinister Regulation No. p.30/Menhut-II/200S concerning Stan dards of Silviculture System in Natural Forests on ()ry land and/or Wet Land/Swamps is declared as no more applicable, Article 14 This Forestry Minister Regulationcommences to come to effect from the date of stipulation. Forpubliccognizance, this ForestryMinister Regulation shall be announcedin the StateGazette of the Republic of Indonesie. Stipulated in Jakarta on February9, 2009 THEMINISTER OFFORESTRY, sgd H. M.S. KABAN Enacted in Jakarta on : February 16, 2009 TI-iE MINISTER OF LAW AND HUMAN RIGHTS TI-iE REPUBUC OF INDONESIA, sgd ANDIMATTALATTA STATE GAZETTE OF TI-iE REPUBllC OFINDONESIA YEAR 2009NO. 24 Business News7897/12-21-2009