Act on the conservation of biological resources and their ecosystems (Act No. 5 of 1990)

ACT OFTHE REPUBLIC OF INDONESIA NO.5 OF 1990 CONCERJ'lING CONSERVATION OF LIVING RESOURCES AND THEIR ECOSYSTEMS MINISTRY OF FORESTRY OF TIill REPUBLIC OF INDONESIA Translator's Note This is (1 translation from the Indonesian Language into English of Act of the Republic of Indonesia Number 5 of 1990 Concerning Conservation of Living Resources and Their Ecosystems. In the ex ecution of this translation. every effort has been made to stay as closes as possible to the Indonesian text. This English language version is made as readable and under standable as possible and is meant for those who do not understand the Indonesia lan guage. Where any doubt exists, reference should be made to the original legislation. In matters of interpretation the law as writ ten in Indonesia will always be the final authority. e:.~~~~~@'~~ ~& n;;.~. PRESIDEN REPUBLIK INDONESIA ACT OF TIlE REPUBLIC OF INDONESIA NO.5 OF 1990 CONCERNING CONSERVATION OF LIVING RESOURCES AND TIIEIR ECOSYSTEi\-IS With The Blessing of God AJmighty The President of The Republik of Indonesia Considering: a.That Indonesia's living resources and their ecosystem, wich are bestowed by God Almight and have an important role for human life, need to be managed and utilized sustainably har moniously and in line with, as well as in a balanced way for the walfare of present ,1Od futuregenerations of human beings in general and In donesians in particular; b. That the development of living resour ces and their ecosystems are generally an integral part of suistainable national development base upon "Pancasila" (Their Five Principles); c. That all elements of living resources and their ecosystems basically are inter dependent and inter influencing, so that, deterioration and extinction of one element leads to damaging, ecosystems as a whole: d.That conservation efforts are necessery to promote the sustainable utilization of living resources and their ecosystems, so that, living resources and their ecosystems are always maintained and able to create a balance and be in tegrate in development; e.That the existing laws and regulation wich are legal products of the Dutch Colonial Government, are not com prehensive, so that, they must be revoked because they are not suitable with the existing legal development and national policy; f. That the existing national laws and regulations now in effect do not yet comprehensively accommodate and regulate conservation of living resour ces and their ecosystems; g.That in relation to the above considera tions, it is deemed necessary to enact legislation concerning conservation of living resources and their ecosystems in an Act; Recalling: 1.Article5 Paragraph (1),article20 para graph (1), and article 33 of the Constitu tion of 1945 ; 2. Act No.5 of 1967 Concerning Basic Provisions for Forestry (State Gazette of 1967-number 8, supplement to Stale Gazette- number 2823) ; 3. Act No 4 of 1982 concerning Basic Provisions for The Management of the Living Environment(State Gazette of 1982 number 12, Supplement to State Gazette number 3215) ; 4. Act no. 20 of 1982 concerning Basic Provisions for State Defense and Security of the Republic of Indonesia (State Gazette of 1982-number 51, supplement to State Gazelle-number 3234) as revised by Act number 1 of 1988 (State Gazette of i988 number 3, Supplement to State Gazette number 3368) ; 5. Act number 9 of 1985 concerning Fishery (State Gazette of 1985-number 46, supplement toState Gazette number 3299). With the approval of the House of Representatives of the Republic of Indonesia, Decides to enact the: ACT OF TIlE REPUBLIC OF INDONESIA ON CONSERVATION OF LIVING RESOURCES AND ECOSYSTEMS. Chapter I GENERAL PROVISIONS 4 Article 1 As defined under this Act: 1. Living resources shall be elements in nature consisting of living plant and animal resources which together with sur rounding non-living elements constitutes and ecosystem. 2. Conservation of living resources shall mean the management of living resources whose wise utilization will ensure their maintaining and improving their value and variety. 3. An ecosystem shall be the inter-de pendencies relationship of all interacting natural elements of both living and non living resources. 4. A plant refers to any species of the plant kingdom either living in a terrestrial or aquatic environment 5. An animal is any species of the animal kingdom either living in a terrestrial, and/or aquatic, and/or aerial environment 6. A wild plant is a plant living either in the wild environment or under cultivation, which still possesses the genuine- charac teristics of its species. 7. A wild animal is an animal, living either in the wild environment or in cap tivity, which still possesses wild features. 8. Ahabitat is an environment in which plants and animals are able to live and develop naturally. 9. Asanctuary reserve shall be a specific terrestrial or aquatic area having sanctuary as its main function preserving bio diver 5 sity plant and animal as well as an ecosys tem which also acts as a life support system. 10. A strict nature reserve sh811 be a sanctuary reserve area having a charac teristic set of plants, animals and ecosys tems, which must be protected and allowed to develop naturally. 11. A wildlife sanctuary shall be a sanctuary reserve area having a high value of species diversity and/or a unique animal species, in which habitat management may be conducted, in order to assure their con tinue and existence. 12. A biosphere reserve shall be an 'area of native, unique, and/or degraded ecosys tems, where all natural components need to be protected and sustained for its impor tance research and education. 13. A nature conservation area shall be a specific terrestrial or aquatic area whose main function are to preserve diversity of plant and animal species, as well as to pro vide a sustainable utilization of Living resources and their ecosystems. 14. A national park shall be a nature con servation area which possesses native ecosystems, and which is managed through a zoning system utilized which facilitates research, science, education, breeding en hancement, recreation and tourism por poses. 15. A grand forest park shall be a nature conservation area intended to provide a variety of indigenous and/or introduced plants and animals for research, science, education, breeding enhancement, culture, recreation and tourism purposes. 6 16. A nature recreation park shall be a nature conservation area mainly intended for recreation and tourism purpose. Article 2 Conservation of living resources and their ecosystemsshall be basedon the prin ciple of harmonious and balanced sus tainable utilization of living resources and their ecosystems. Article 3 Conservation of living resources and their ecosystems is intended to sustain living resources and balance ecosystem in order to enhance of human welfare and quality of human life. Article 4 Conservation of living resources and their ecosystemsshall be the responsibility and Obligation of the government and the people. Article 5 Conservation of living resources and their ecosystems shall be brought about through the following activities : a. Protection of life support systems; b. Preservation of plant and animal species diversity and their ecosystems; c. Sustainable utilization of living resour ces and their ecosystems. Chapter II PROTECTION OF LIFE SUPPORT SYSTEMS 7 Article 6 A lifesupport system is a natural process of various elements of both living and non living resources which ensures the con tinued existence of living organisms. Article 7 The protectionof life support systems is intended to maintain ecological processes which support continued existence of living organisms forenhancing humanwel fare and the qualityof human life. Article 8 (1) To realize theobjective pertaining to Article 7, the government shall enact: a. certain areas as a life support system protection area. b. basic guidelines for regulating a life support system protection area. c. procedures for utilization of life sup port system protection areas. (2) Further provisions pertaining to paragraph (1) shall be regulated by a Government Regulation. Article 9 (1) Every holderof land rights or rights over aquatic areaswithina lifesupportsys tem area shall be responsible for maintain ing and obliged to ensure the continuity of the protected function of the area. (2) In undertaking protection of life sup port system areas, the Government shall regulate and conduct law enforcement of land managementand utilization, and con 8 cession rights to aquatic areas within life support system protection areas, pertaining to article 8. (3) Law enforcement pertaining to para graph (2) shall be conducted based upon legislative regulation in effect. Article 10 Degradation within a life support system area due to natural processes or unwise utilization or othe C2USes, shall be followed by planned and continuous rehabilitation efforts. Chapter III PRESERVATION OF PLANT AND ANThIAL SPECIES DIVERSITY IN CLUDING THEIR ECOSYSTEMS. Article 11 The preservation of plant and animal species diversity including their ecosys tems shall be conducted through the fol lowing activities : a. preservation of plant and animal diver sity within their ecosystems. b. preservation of plant and animal species in an individual sense. Article 12 The preservation of plant and animal diversity and their ecosystems shall be im plemented by maintaining the integrity of natural sanctuary reserves in their original condition. 9 Article 13 (1)The preservation of plant and animal species shall be implemented both inside and outside natural sactuary areas. (2) 'The preservation of plant and animal species within sanctuary reserves shall be conducted without interference so that the population plant and animal shall be in natural balance within their habitats. (3) The preservation of plant and animal species outside the sanctuary reserves shall be conducted by protection and promoting breeding effortsof thespecies to avoid their extinction. Chapter IV SANCTUARY RESERVES Article 14 Sanctuary reserves, pertaining to article 12, shall consists of: a. Strict nature reserve h. Wildlitesanctuaries Article 15 Besides having their main role as areas for preservation of plant and animal species diversity, sanctuary reserves shall also act as lifesupport system protec tion areas pertainingto paragraph (1) of Ar ticle 8. Article 16 (1) The management of sanctuary reser ves shall be implemented by the Govern 10 ment as an effort to preserve plant dod animal species diversity and their ecosys tems. (2) Subsequent Government Regulation shall regulate the provisions for gazetting and utilization of a sanctuary reserve and its adjacent area as a buffer zone. Article 17 (1) Activities for research and develop ment, science, education, and othe ac tivities supporting enhanced breeding arc permitted within the strict nature reserves. (2) Activities research and development, science, education, limited recreation, and other activities supporting enhanced breed ing are permitted within the wildlife sanctuaary, (3) Further provisions pertaining to para graph (1) and (2) of this article shall be regulated by a Government Regulation. Article 18 (1) Sanctuary reserves as well as other particular areas can be established as bio sphere reserves in the framework of inter national conservation activities especially for activities defined in article 17. (2) Further provisions for establishing a biosphere reserve shall be regulated by a subsequent Government Regulation. Article 19 (1) Any and all persons are prohibited from doing any activity which leads to a change of natural integrity of a sanctuary reserve. 11 (2) 'The provision defined in paragraph (1) of this article shall not include prohibi tion of habitat management activities con ducted for maintaining wildlife populations within wild life sanctuaries. (3) A Change of nature integrity of a sanctuary reserve as defined in paragraph (1) shall include decreasingor deteriorating ffunction and area of a sanctuary reserve, as well as introduction of exotic plant and animal species. Chapter V PRESERVATION OF PLANT AND ANL\1AL SPECIES Article 20 (1) Plants and animal are classified into: a. Protected plant and animal species. b. Unprotected plant and animal species. (2) Protected plant and animal species, pertaining to paragraph (1), are classified into: a. Endangered species b. Rare species (3) Further provisions pertaining to para graph (2) shall be regulated by a Govern ment Regulation. Article 21 (1) Any and all persons are prohibited to a. Take, fell, keep, destroy,exterminate, care for, transport, and trade in 12 protected plant or parts thereof in live or dead condition. b. Transfer protected plants or parts thereof in live or dead condition from one place to <mother, within or outside Indonesia. (2) Any and all persons are prohibited to: a. Catch, injure, kill, keep, posess, care for, transport, and trade in a protected animal in Dve condition. b. Keep, posses, care for, transport, and trade in a protected animal in dead. condition. c. Transfer a protected animal from one place to another, within- or outside In donesia. d. trade, keep or posess skin, bodies or other parts of a protectd animal, or goods made of parts of the animal, or transfer from one place in Indomesia to another, within or outside Indonesia. e. Take, destroy, exterminate, trade, keep, or posess ail egg and lor a nest of a protected animal. Article 22 (1) Any exception from the prohibition pertaining to Article 21 can only be per mitted for purposes of research, science, and/or safeguarding those plants or animals. (2) Safeguarding efforts pertaining to paragraph (1) shall include delivering or exchanging a plant or animal species with I 3 foreign institutions, with permit from the Government. (3) An exception to the prohibition to catch, to injure,or to kill a protected animal can only be permitted in case the animal endangers human life. (4) The further provisions pertaining to paragraph (1), paragraph (2), and para graph (3) shall be regulated by a Govern ment Regulation. Article 23 (1) Should it be necessary, it is permitted to introduce exotic wild species both plant and animal into Indonesian Territory. (2) Further provisionsas defined in para graph (1) shall be regulated by a Govern ment Regulation. Article 2~ (1) The Government shall confiscate any protected wild species both plant anc animal resulting from violation to the provisions of Article 21. (2) The confiscated wild species is to be returned to its habitat or be handed over to institutions dealing with wildlife conserva tion except in thesituation that its condition is such that it is not likely to be useful, ten it should be destroyed. Article 25 (1) Protected species preservation both plant and animal may on!y be carried out in the form of human care or breeding in cap tivity and by designated institutions. 14 (2) Further provisions pertaining to p:lr8 graph (1) shall be established by Govern ment Regulation Chapter VI SUSTAINABLE UTILIZAI10N OF LIVING RESOURCES AND THEIR ECOSYSTEMS Article 26 The sustainable utilization of living resources and their ecosystem shall be ac complished by the following activities: a. Utilization of the environmental condi tion of nature conservation area itself. b. Utilization of wild species of plant and animal. Article 27 Utilization of the nature conservation area itself shall take place with strict main tenance of the conservation function of the area. Article 28 Utilizationof wild species bothof plantand animal shall be take place in accordance with their long-term survival, carrying capacity, and species diversity. ChapterVll NATURE CONSERVATION AREA~ Article 29 (1) Nature Conservation Are3S as defined as in Article 1 Recital 13 consistof 15 the following are-as : a. National Park b. Grand Forest Park c. Natural Recreation Park (2) Further provisions regarding the designation procedure for Nature Conser vation Areas and their bufferzones shall be regulated by a subsequent Government Regulations. Article 30 The function of a Nature Condervation Area is the protection of life support sys tem, preservation of species diversity, and sustainable utilization of living resources and their ecosystems. Article 31 (1)Activities relatingto research, educa tion, breeding enhancement, culture and nature recreation are allowed in a National Park, Grand Forest Park and Natural Recreation Park. (2) Activities pertaining to Paragraph 1 must be carriedoutwithoutdiminishing the specified function for each area. Article 32 A National Park is managed through a zoning system which may consist of Core Zone, Utilization Zone, and other zones depending on necessity. Article 33 (1) Any and all personsare prohibited to 16 do activities which may modify the natural integrity of the National Park's Core Zone. (2) Activities considered as modifying the natural integrity of the Core Zone per taining to Paragraph (1) include todiminish or to degrade, the function and area of the Core Zone, as well as introduce exotic species of plants and animals. (3) Any and all persons arc prohibited to do activities which are inconsistentwith the function of utilization and other zones of the National Park, Grand Forest Park and Natural Recreation Park. Article 34 (1) Management of the National Park, Grand Forest Park and Natural Recreation Park is carried out by the Government. (2) Tourism facilities may be developed in the Utilization Zone of the National Park, Grand Forest Park and Natural Recreation Park, based on the management plan. (3) For tourism and recreation activities, the government may grant concession rights in Utilization Zone of National Park, Grand Forest Park, and Natural Recreation Park. The rights holder should promote public participation. (4) Further provisions pertaining to para graph (1), pargraph (2) and paragraph (3) shall be regulated by a Government Regulation. Article 35 Undercertain conditions and when clear 17 ly necessary for the purposes of rnaintam ing or rehabilating natural resource and their ecosystem, the government may halt utilization activities and shut off National Park, Grand Forest Park and Natural Recreation Parle CHAITER VIII WILD SPECIES UTTLIZAT10N Article 36 (1) Utilization of wild species of plants and animals may be carried out in the fol lowing fOnTIS : a. Species analyzing, research and development; b. Breeding; c. Hunting; d. Marketing; e. Exhibition; f. Species Exchange; g. CuI ture of medicinal plants; h. Hobby. (2) Further provisions pertaining to Para graph (1) shall be regulated by a Govern ment Regulation. Chapter IX CITIZEN PARTICIPATION Article 37 (1) The government will lead and mobi lize its citizen to participate in conservation of living resources and their ecosystems through an efficient and effective manner. 18 (2) In pursuing the matter pertaining to Paragraph (1) the government will en courage and develop conservation aware ness, in living resources and their ecosystem, through education lind exten sion programs. (3) Further provision pertaning to para graph (1) and paragraph (2) shall be regu lated by a government regulation. Chapter X EXECUTIVE DELEGATION OF DUTYAND TASK ASSISTANCE Article 38 (1) In accordance with Act Number 5 of 1974 concerning Local Government, the government, in implementation of conser vation of living resources and their ecosys tems, may delegate part of the duties and tasks to the local government. (2)Furtherprovisions pertaining toPara graph (1) shall be regulated by a govern ment Regulation. Chapter XI INVESTIGATION Article 39 (1)As stated in the Act number 8 of 1981 concerning Criminal Justice, a designated Civil Servant whose duty is related to the management of conservation of living resources and their ecosystems, in addition to the police investigator of the Republic of Indonesia, is allowed to investigate 19 criminal action regarding conservation of living resources and their ecosystems. (2) The duty and tasks of investigator pertaining to Paragraph (1) is Executed in accordance with the provision on the duty and task of the investigatorpertaining to the Act number 5 of 1983 of the Ex clusive Economic Zone and Act number 9 of 1985 concerning Fishery. (3) The investigator pertaining to Para graph (1) is authorized: a. to examine and to confirm reports of allegedlycriminalactivityconcerning conservation of living resources and their ecosystems. b. to investigate personswho have al legedly done criminal action regarding conservation of living resources and their ecosystems. c. to examine any identification card belonging to persons caught in Sanctuary Reserve and Nature Conser vation Area. d. to search for and confiscate evidence related to criminal action regarding conservation of living resources and their ecosystems. e. to acquire information and evidence from persons or institutionsregarding the criminal action related to conserva tion ")f living resources and their ecosystems. f. to prepare and to sign the record of the investigation. g. to stop the investigationshould there not 20 be enough evidence to prove the criminal case. (4) The investigator pertaining to Para graph (l) will report the process of ex amination as well as the result to the Prosecutor through the Police Investigator Official of the Republic of Indonesia (refer to the Act number 8 of 1981 concerning Criminal Justice). CHAPTER XII PROVISION OF CRIMINAL PUNISHMENT Article 40 (1) Whosoever intentionally violates the provisions pertaining to Paragraph (1) of Article 19 and Paragraph (1) of Article 33 shan be liable to punishment by imprison ment up to a maximum of 10 years and a fine up to a maximum of Rp. 200.000.000,00. (2) Whosoever intentionally violates the provisions pertaining to Paragraph (1) and Paragraph (2) of Article 21 and Paragraph (3) of Article 33 shall be liable to punish ment by imprisonment up to a maximum of 5 years and a fine up to a maximum Rp. 100.000.000,00. (3) Whosoever, through negligence, vio lates the provisions pertaining to Paragraph (l) of Article 19 and Paragraph (1) of Ar ticle 33 shall be liable to punishment by imprisonment up to a maximum of one year and a fine of up to a maximum Rp. 100.000.000,00 21 (4) Whosoever, through negligence, vio lates the provisions pertaining to Paragraph (1) and Paragraph (2) of Article 21 ancl Paragraph (3) of Article 33 shall be Liable to punishment by im prisonment up to a maximum of one year and a fine of up to maximum Rp. 50.000.000,00 (5) Actions pertaining to Paragraph (1) and Paragraph (2) shall be regulated 3S a Criminal whereas actions pertaining to Paragraph (3) and (4) of this Article sh811 be established as a Violation. CHAPTER XIII illANSITIONAL PROVISIONS Article 41 Forest Sanctuary Reserves and Natural Recreation areas which have been desig nated and established at the time this act takes effect shall remain in effect. Article 42 All other legislation pertaining to the con scrvation of living resources and their ecosystems shall remain in effect. insofar as they do not conflict with this Act. CIIAIYfER XIV CONCLUDING PROVISIONS Article 43 At the time this Act takes effect, the fol lowing Legislation shall be abolished; 1. Jachtordonnantie 1931 Staatb lad 1931 Nummer 133 22 2. Dierenbeschcrmingsodonnantie 1931 Staatsblad 1931 Nurnrner 134 3. Jachtordonnantie Java en Madoera 1940 Staatsblad 1939 Nummer 733 4. Natuurbescnermmgsorconnantie 1941 Staatsblad 1941 Nummcr 167. Article 44 This Act shall be named as The Act on the Conservation of Living Resouces. Article 45 This Act takes effect as of the date of its promulgation. In order that the public be informed thereof, it is hereby ordered that this Act be promulgated by publication in the State Gazette of the Republic of Indonesia. Enanted in Jakarta On August 10, 1990 The President ofThe Republic ofIndonesia Soeharto. Promulgated in Jakarta On August 10, 1990 The Minister/State Secretary of The Republic of Indonesia Moerdiono STATE GAZEITE OF TIlE REPUBLIC OF INDONESIA YEAR 1990 NUMBER 49 CLARIFICATION OF THE ACT OF THE REPUBLIC OF L'\fD0 NESIA NUlVfBER 5 OF 1990 CONCERNING CONSERVATION OF LIVING RES0 URCES AND THEIR ECOSYSTEi"vrS GENERAL Indonesia has been granted richness by God Almighty in the form of natural resour ces including those on the land, in the waters, and in the air as a capital base- for all kinds of development. That capital base has to be protected, maintained, conserved, and utilized in optimal and sustainable form for Indonesian welfare in particular, and the quality of human life, in general. This maintenance and use must be based on assuring, harmony, and the balance of relationships between human beings and their creator, between human beings and their communities, and between human being and their ecosystems. Therefore, management of living resources and their ecosystem as a part of the capital base is an integral part of national sustainable development and an implementation of Five Principles (Pancasila), Living resources and their ecosystems are the most important part of natural resour ces, which consists of fauna, flora, and natural phenomena, and each individually or COllectively, have many functions and advantages which cannot be replaced. Since they cannot be replaced and have irn ~ cl portant positions and significance for human life, conservation efforts or the living resources and their ecosystems is a responsibility of every generation. Any ac tivity resulting in damage nature reserves, and other conservation areas, or 8ny ac tivity contrary to regulation for conserva tion of protected plants and animals, will receive severe punishment either as a criminal sanction or a fine. Sanctions arc necessary since the damage or extinction of one living resource element will result in great public disadvantages, whereas recovery to orginal conditions is impos sible. Because of its wide scope and dealing with public interest in general, conservation ef forts for living resources and their ecosys tems arc both <:1 government and a public responsibility. Public participation will be initiated and directed by the government through effective and efficient activities. To do that. the government 11'1'; to promote public education and extension in the con text of conservation awareness. The success of (I program for conservation of living resources and their ecosystems is closely related to the achievement of three conservation targets as follows : 1. to guarantee continuation of ecologi cal processes which arc the life support sys tem for continued development and people's welfare (life buffer system protec tion) ; 2. to maintain genetic resources diversity and their ecosystems so as to be able to sup port development, science, and technology in order to satisty human needs for utilizing ~5 living natural resources for tbeir welfare (germ plasm resource preservation); 3. to direct methods of utilizing living natural resources to assure their sus tainability. The consequences of unwise application of science and technology, in harmonious land utilization and uses, and failure to reach optimal conservation tar gets both on land and in the aquatic world can result to genetic erosion, pollution, and decreasing living natural resource potential (sustainable utilization). Since Indonesia is a nation based on law, the management of living resources and their ecosystems must have a clear, strong and comprehensive legal basis to assure the legal aspects of resource management ef forts. Currently, the facts indicatc that no State Act concerning living resources and their ecosystems has been gazetted. Many kinds or regulation dating from the Dutch colonial times no longer correspond to current development and level of need of Indonesia. Some chances which relate to government ~ ~ role, population growth, science. and the success of development at present, require State Act concerning living resources and their ecosystems which corresponds to aspiration of Indonesia. Sustainable usc as one aspect of the conser vation or living resources and their ccosys terns has not been yet developed consistent with the need. Likewise, conservation areas management in the form of national 26 park, grand forest park, and natural recrea tion park which integrate the functions of life support system, preservation of plant and animal species civersity, and their ecosystems, and sustainable uses, has not be utilized as much as its need justifies. Previous national acts related to the conser vation of living resources and their ecosys tems such as Act No.5 of 1967 concerning Basic Provisions for Forestry, Act No.4 of 1982 concerning Basic Provisions for the Management of The Living Environment, Act No. 20 of 1982 concerning Basic Provisions for the Peaceful Defense of the Republic of Indonesia that has been modified by Act No.1 of 1988, and Act No. 9 of 1985 concerning Fishery have neither completely regulated nor fully used as a legal basis for further controlling living resource management. A comprehensive act concerning the conservation of living natural resources and their ecosystems is necessary as a legal basis for regulating the protection of life buffer system, the preservation of plant and animal species and their ecosystems, and the sustainable use of living resources and their ecosystems in order to assure their utilization for people's welfare and im provement of the quality of life. This act consists of basic provisions that cover all aspects of the conservation of living resources. and their ecosystems, while the implementations will be regu lated by Government Regulations. 27 ARTICLE BY ARTCLE Article 1 Recital 1 Self-explanatory Recital 2 Self-explanatory Recital 3 Self-explanatory Recital 4 Self-explanatory Recital S Self-explanatory Recital 6 Self-explanatory Recital 7 Fish and domesticated animals are not included in the definition of wildlife but they are defined as animals. Recital 8 Self-explanatory Recital 9 Self-explanatory Recital 10 Self-explanatory Recital 11 Self-explanatory Recital 12 Self-explanatory 28 Recital 13 Self-cxplanatory Recital 14 Self-explanatory Recital 15 Self-explanatory Recital 16 Self-explanatory Article 2 Basically, all natural resources, includ ing living natural resources, must be taken advantage of, by and for people and human welfare consistent with their capability and function. However, their utilization must correspond to this act to assure today's and future sus tainable use. Utilization and conserva tion as stated above mustbe under taken in harmony and balance as a reflection of the conservation of living resources and their ecosystems bases. Article 3 Living resources are ecosystem ele ments that can be utilized to improve people's welfare and quality of life. However, the balance of ecosystem has to be quaranted. Article 4 Since the conservation of livinz rcsour-o ces and their ecosystems are very im [Jortant in improving people's welfare and quality of life, the people thernsel 29 vesalso have an obligation and respon sibility to promote conservation activities. Article 5 The conservation of living natural resources and their ecosystem is under taken through three activities : 3. Protection of life support system Life is a kind of system consistinz of J :::> iruer-dcpcndencies and inter-affected processes which, if they should be ter minated, will affect life. In order to avoid unexpected changes which severely affect humankind's capability to utilize living resources, ecological processes have to be preserved and protected. The protection of life sup-. port systems consists of efforts and ac tivities related to protection of water springs, cliffs, river banks, lakes, preservation of forest hydrological function, beach protection, watershed management, protection 01 natural uni queness and scenic beauty, and so on. b. The preservation of diversity of wild plant and animal species including their ecosystems Living resources and their ecosystems consist of both organism and inorganic elements (both physic and non-physic). All of these elements are inter-related and inter-dependent. The extinction of one element cannot be replaced by another. Conservation efforts and ac tivities to assure species diversity cover elements protection to avoid extinction 30 and each of them can be functioned in nature, and they can always be utilized for people welfare. The preservation of plant and animal species may be undertaken within con servation areas (in-situ conservation) or outside (ex- situ conservation). c. Sustainable use of living resources and their ecosystems Basically, sustainable use of living natural resources and their ecosystems means activities of controllingllimiting living natural resource and its utiliza tion, so that continuation of the utiliza tion can be undertaken in to the long-term future. Article 6 Organic elements are living things in cluding humans, plants, animals, and micro-organisms. Inorganic elements are sunlight, water, air, and land. The relationship between organic and in organic elements has to be in balance as a life support system, and thus it must be protected. Article 7 Self-explanatory Article 8 Paragraph (1) The protection of life support system is undertaken by assigning a designated area as a protected area. To regulate the area, 31 the government designates a basic pattern for managing and utilization to assure iL5 protection and conservation functions. Among areas for life support system protection are protection forest, watershed, river banks, beach areas, designated parts of Indonesian Economic Exclusive Zone, low and high tide areas, cliffs, steep banks, and severely polluted areas. The utilization of the areas is limited to the legal right holders, however, in im plementation of the right, they are subject to government regulation. In designating an area as a life support system area, research and inventory are re quired both for those which have or have not yet been designated. Paragraph (2) In this Government Regulation, it is necessary to consider the harmonious of in terests between rights holders and protec tion of the life support system. Article 9 Paragraph (1) What is meant by concession rights in the aquatic zone is a right granted by the government to utilize the areas natural resources, both of extractive and non-ex tractive, but not inculuding an actual claim to the area. What is meant by aquatic zone is Indonesia's fresh-water territory, including deep waters' (rivers, lakes, reservoirs, swamps, and other still water areas), In 32 Jonesian sea territory, and Indonesian Economic Exclusive Zone. Paragraph (2) Self-explanatory paragraph (3) Included in the definition of regulating land utilization and management, and aquatic zone concession rights is cancella tion of land which must be undertaken based on current regulation. In C3Se of land rights cancellation, the rights holder will be compensated based on current regulations. Article 10 Life support system areas that have oeen degraded due to natural processes such as land slides, erosion, fire, and earthquake, or due to unwise human utilization, or other reasons must be rehabilitated to regain their function. In this rehabilitation, people, particularly those who have rights over the areas, have to be involved. Article 11 What is meant by preservation here is an effort to preserve plant and animal species diversity and their ecosystems from extinc tion. Preservation outside assigned areas covers controlling permitted activities on plants and animals as regulated under Article 20 to Article 25 in this Act. The arrangement outside assigned areas 33 takes the form of plant and animal species preservation. Preservation within conservation areas is undertaken in the form of nature reserves and core zone of national park. Article 12 Preservation efforts of plant and anim.. species diversity centers on the strict nature reserve, based on its main function to preserve plants and animals species and their ecosystems, so that its complexity and integrity have to be protected from any threats, in order to assure protection of its natural processes. Article 13 Paragraph (1) Self-explanatory Paragraph (2) Self-explanatory Paragraph (3) Self-explanatory Article 14 Self-explanatory Article 15 Self-explanatory Article 16 Paragraph (1) Nature reserve management is a govern ment responsibility as a consequence of government control of natural resources 34 stated in Article 33 Constitution of 1945. Paragraph (2) What is meant by buffer zones are areas outside nature reserves, in the form of other forestlands, government lands or lands whose rights have been assigned, which are needed and able to support the reserves in tegrity. Buffer zone management is reserved to the rights holder, although management methods have to be followed the Govern ment Regulation. Article 17 Paragraph (1) Breeding enhancement function can be undertaken in the form of the utilization reserve's germ plasm for species genetic improvement and breeding. Germ plasm refers to genetic elements that determine species existence. Paragraph (2) What is meant by limited tourism are ac tivities tourism are activities to visit, to see, and to enjoy natural beauty in the wildlife sanctuary under specific conditions. Paragraph (3) Self-explanatory Article 18 Paragraph (1) The purpose of a biosphere reserve is to provide an area for research, science, and education, as well as for observing and 35 evaluating the changes within the reserve. Whenever a nature reserve or other area is designated as a biosphere reserve, it be comes a part of an international conserva tion network. However, the government retain full authority on deciding research, science, and education activities, as well as obser ving and evaluating the changes within the reserve. Paragraph (2) Self-explanatory Article 19 Paragraph (l) What is meant by changes in nature reserve integrity are destruction to the areas' unique characters and their ecosys tems, in area wildlife hunting, and exotic species introduction. Paragraph (2) What is meant by animal habitat im provement are activities undertaken in the area aimed at promoting the animals' op portunities to survive and to grow in their nature habitats. Example of the activities are grazing area establishment, construc tion of drinking ponds, and so on. Paragraph (3) What is meant by exotic plants and animals species are plant and animal species which are never found in the area. Article 20 Paragraph (1) 36 In order to preserve various species, protected plant and animal species are designated. The objective ofplant and animal species protection is to protect such plants and animals from extinction. The designation may be modified anytime depending upon its necessity which in turn is based on the danger level of the species necessity. Paragraph (2) Endangered plant and animal species cover plants and animals that are almost ex tinct and moving toward extinction. En demic plant and animal species are plant and animal species whose distribution are limited, whereas endangered plant and animal species are those whose population are very small and whose breeding are very slow due to habitat effects or their ecosys tem. Scarce plant and animal species means that their population are small or scarce so that their breeding are extremely difficult. Paragraph t3) Self-explanatory Article 21 Paragraph (1) Seh . rplanatory Paragraph (2) Self-explanatory '37 Article 22 Paragraph (1) What is meant by plant and animal species rescue is a necessary: rescue activity whenever, in certain conditions, the sur vival of those plant and animal species is in jeopardy and if they are still in their habitat either in country or abroad. Paragraph (2) What is meant by grant or exchange of plants and animals to another party abroad is limited exchange between institutions re lated to plant and animal conservation, and gifts from the government. Paragraph (3) Dangerous here does not mean only ac tually harming human life but also create threats or uncomfortable condition for humans life, or material disadvantages such as damaged land or plants or agricul tural products. Paragraph (4) In the subsequent government regula tion, some methods will be provided for managing danger, living capture, driving and trans locating the animals, while elimination will only be undertaken if other methods are not effective. Article 23 Paragraph (1) What is meant by whenever necessary is for plant and animal species collections for zoological garden, safari park, and plants and animals species improvement. 38 Bringing in plant and animal species into the Republic of Indonesia's territory has to be regulated in order to avoid genetic pol lution and to assure existing ecosystems stability to optimize uses for Indonesia. Paragraph (2) Self-explanatory Article 24 Paragraph (1) What is meant by being taken for the state is that beside being taken as regulated in Act No.8 of 1981 concerning criminal law, authority is also delegated to an offi cial assigned by the government to manage and save the plants and animals before the court process is held. Paragraph (2) Protected plants and animals must be protected in their habitats. Therefore, con fiscated plants and animals must be released to their habitats. If releasing to its habitats is not possible since the animal or plant is no longer adapted to its habitat con dition and/or it will be used asa proof in the court, the plant or animal may be stored in institution for plant and animal conserva tion. If its condition is really poor such as damaged, defective, and it is not possible for it to be kept living, it is better for it to be destroyed. Organizations in this paragraph may be government or non government organiza tions, for example, zoological garden, 39 botanical garden, herbarium, safari park and others which are designated by the government. Article 25 Paragraph (1) See explanation of Article 24 paragraph (2) Paragraph (2) Self-explanatory Article 26 'What is meant by environmental condi tion is the characteristic substance of an area in the form of its ecosystem, climate, natural phenomena, plant and animal uni queness, and cultural heritages in the area. Article27 Self-explanatory Article28 Self-explanatory Article 29 Paragraph (1) The area of national park, grand forest park, and nature park cover lands and aquatic zones. Paragraph (2) See explanation of Article 16 Paragraph (2) Article 30 Self-explanatory 40 Article 31 Paragraph (1) Self-explanatory Paragraph (2) Self-explanatory Article 32 What is meant by a core zone is a part of a national park which has to be strictly protected and any changes due to human activities are not permitted. What is meant by utilization zone is a part of a national park which can be developed as a recreation center and a tourist destination. What is meant by other zones are zones other than these two which due to their function and condition may be assigned as wilderness zone, traditional use zone, rehabilitation zone, and so on. Article 33 Paragraph (1) See explanation ofArticle 19 paragraph (1) Paragraph (2) Self-explanatory Paragraph (3) Self-explanatory Article 34 Paragraph (1) Basically, nature conservation area 41 manegernent is a government respon sibility as a consequence of government control of natural resources as stated in Ar ticle 33 Constitution of 1945. In implementation activities to manage utilization zones of national parks, grand forest parks, and natural recreation parks, the government may grant rights to cooperatives, government owned com panies, private companies, and individuals. Paragraph (2) Self-explanatory Paragraph (3) The definition of public involvement here, is to provide chances for surrounding people to do business. Paragraph (4) Self-explana tory Article 3S What is meant by under certain condi tions and really necessary is the condition or situation which might occur in nature conservation areas due to natural disasters (volcanic eruption, released poisoning gases, danger of fire), and destruction due to consecutive utilization that may harm visitors or plants and animals life. Article 36 Paragraph (1) Utilization of plant and wildlife species must be undertaken in consideration of the balance of population and its habitat. 42 Paragraph (2) Self-explanatory Article 37 Paragraph (1) Public participation may be by in dividuals and groups of people whether or ganized or not. Through extension, the government has to direct and to mobilize the people by involving groups of people in order to make people actively participate in the conservation of living natural resour ces. Paragraph (2) In order to initiate and to improve con servation awareness among people, under standing and motivation about conservation has to be started. as early as possible through elementary school and out- of-school channels. Paragraph (3) Self-explanatory Article 38 Paragraph (1) Central government may not only delegate certain elements of the authority in the conservation of living natural resour ces and their ecosystem's to local govern ment, but may also assign provincial government to deal with these elementsas supporting task. Paragraph (2) Self-explanatory 43 Article 39 Paragraph (1) Self-explanatory Paragraph (2) Self-explanatory Paragraph (3) Self-explanatory Paragraph (4) Self-explanatory Article 40 Paragraph (1) Self-explanatory Paragraph (2) Self-explanatory Paragraph (3) Self-explanatory Paragraph (4) Self-explanatory Paragraph (5) Self-explanatory Article 41 Based on Nature Protection Regulation of 1941 State Gazette of. 1941 No. 167 (Natuurbeschermingsordonantie 1941 Staatsblad 1941 Numrner 167)and Act No. 5 of 1967 concernig Basic Provisions for Forestry, nature reserve and forest park have been regulated. By gazetting this act, nature reseve and forest park are con sidered as have been regulated. 44 Article 42 Self-explanatory Article 43 Self-explanatory Article 44 Self-explanatory Article 45 Self-explanatory SUPPLEMENT TO STATE GAZETTE OFTIlE REPUBLIC OF INDONESIA NUMBER 3419