Presidential Regulation No. 12/2008 concerning the Water Resources Council

2A WATER RESOURCES COUNCIL (Presidential Regulation No. 12 Year 2008, dated February 26, 2008) WITH THE BLESSING OF THE ONE AND QNLY GOD TI-lE PRESlD'ENT OFl HEREPUBUC OFINDONI::SlA, Considering: a. that in order to exercise provlslons of Article 86 sub article (4) LawNo.7 Year2004concerning Water re sources,and to integrate the interestsofvarious sec tors, regions andstakeholders in the managementof water resources, it is necessary to exercise coordina tion bya Water Resources Council; b. that based on the consideration meant in letter a, it is necessary to stipulate a Presidential Regulation con cerning theWater Resources COuncil; In view of: 1 Am;!",4 sub-ertide(1) of the Constitution of 1945 Con stitution {BNNo. 7152pages14A-23A}; 2. LawNo. 7Year2004 (BNNo, 7097pages16A-32A ;lind so on) concerning water Resources (Statute Bookof the Republic of IndonesiaYear2004 No.32, Supplement to StatuteBookof the Republic of Indone sia No. 4377)j DECIDES: To stIpUlate: THE PRESIDENTIAL REGULATION CONCERNING WATER RESOURCES COUNOL. CHAPTER I GENERAL PROVISlONS Mide 1 In this Presidential Regulation, what ismeant by: 1. Water Resources Council is a coordination forum for the management of water resources consisting of Na tional Water Resources Counol or other names, Pro vincial Water Resources Council or other names and Regency/my Water Resourres Council Orothernames; eusiress Nt:w~ 7661-76GZ/S-l+2000 2. National WaterResources Council hereinafterreferred to as National SDA Council isa coordination forum for the management of water resources at nation level; 3. Provincial Water Resources Council or other names hereinafter referred to as Provihcial SDA Council is a coordination forum for the management of water re sources at provinceIc.....c\ i 4. Regency/City Water Resources Council orother names hereinafter referred to asRegency/City SDA Council is a coordination forum for the management of water resources at regency/cityle\ :; 5. Minister is the minister havinga scope in the field of water resources matters; 6. National water resources policy is a direction/action taken by the Government to acnic'f'e the purpo'"..c of the managementof water resources; 7. Water resources management IS an effort in the plan ning, performance, monitOring, and evaluation of the performance of water resources conservation, useof water resources, and control of water destructive forces. 8. Govemmentelementsare representatives of govern ment~. pro....incial government and rcgonc{/ citygovernment. 9. Non-govemment elementsare representatives ofuser groupsandwater resources business enterprises, and Customs (adat).Community Institutions andwater re sources environmentconservers; 10. Strategyare stepscomprising indicativeprogramsto materializethe visionand missions; 11. f'rogrom is Q policy instrument consisting of one or moreactivitiesexecutedby governmentagencies/in stitutions to achievegoalsand purposes, or commu nity activitiescoordinated by governmentagencies. rHAPJFR II CHAPTER II ESTABliSHMENT Article2 (1) In orderto perform coordination in the management of water resources at nation level,a National SDA Coun cil is formed. (2) Thefonnation of the National SDA Council referredto insub-article (1) isstipulated with a Presidential Regu lation. Artide 3 (1) In ordertoperform coordination in the management of water resources at provincial level, a Provincial SDA Council is formed. (2) TIle furmalion of the Pruvincial SDA Couucll referred to in sub-artide (1) is stipulated with a decision of the Governor. Article4 (1) In order to perform coordination in the management of water resources at regency/city level/a Regency/City SDACouncil is formed. (2) Theformation of the Regency/City SDA Council referred to in sub-article (1) isstipulatedwith a decision of the Regent/Mayor. GHAPTERill rosmos, DUTY, AND FUNCITONS PartOne National SDA C.nllncil Article 5 (1) The National SDA Council resides in the capitalof the Uni~ry State ofthe Republicof Indonesia. (2) The National SDA Council is non-structural in nature! reportsto and responsible directly to the President. Business News 7661-7662/5-14-2008 3/1 Article 6 The National SDA Council referred to in Article 5 hasthe dutiesto assistthe President in mattersof: a. COmpilation andformulaton of national policy andstrat egy in the managementof water resources; b. Provision of considerations for the determination of river basin and ground water basln; c. Monitoring and evaluation of the performance of fol low-ups of the stipulation of river basins and ground water basins, and proposing changes to river basins andgroundwater basins stipulation;and d. com pULIDon and forrnulotion of policiC5 in the manage ment of hydrology, hydrometeorology, and hydrogeology informationsystem at national level. Article 7 Toexecute the duties referred to in Article 6, the National SDA Council performs coordination functions in the management of water resources through: a. consultation with related parties for blending and inte grating policies and to achievean understanding and svncnrornzanon or interests between sectors, regions andowners. b. Monitoring and evaluation of the performance of na tionalwater resources management. c. consultation with related parties for the provision of considerenons tor the stipulation or river oasms ana groundwater basins. d. consultation with relatedpartiesfor the cohesiveness of policies on hydrology! hydrometeorology! and hydrogeology system; and e. monitoring and evaluation of the execution of policies onhydrology! hydrometeorology, and hydrogeology in fannation system at national level. ArticleB•..... Attide8 In the performance of dutiesreferredto in Artlde 6, the National SDA COuncil is obliged to submitwritten reports to the President at least two (2) times annually. PartTwo Provincial SDA Council Article 9 (1) The Provincial SDA Council resides in the provincial capital. (2) The Provindal SDA Council isnon-structural in nature, reportsto andis responsible directlyto the Governor Article 10 TheProvincial SDA Council referredto in Article 9 hasthe duty to assist the Governor in the coordination of water resources management through: a. Compilatlun and ronnulauon of policy end strCltegy in management of provlndal water resources based on theNational SDA COundl policy by observing the inter estof surrounding provinces; b. Compilation of provincial water resources management program; c. Compilation andfonnulationof policyin the manage ment of hydrology, hydrometeorology, and hydrogeology infonnabon system at province level by observing national level policy in the management of hydrology, hYdrometeorOlogy, andhydrogeology infor mation system; d. monitoring andevaluatiOn of the petfonnance of fol low-upsof the stipulation of river basins andground water basins, and proposing changes to riVer basins andground water basins stipulation;and ~siness New::. 7661-7652{S-1+2008 4A Artidell To execute the duties referred to in Article 10, Provincial SDA Council perform coordination functions through: a. consultation with relatedpartiesfor policysynchroni zation and to achieve a common understanding be tweensectors, regions andowners of interests in the management of water resources at provincial level; b. integration and synchronization of interests between sectors, regions and owners in the management of water resources at provincfallevel;. c. monitoring andevaluation of the performance ofwa ter resources management politiesat provincial revel; d. consuitotlon with related parties for the cohesiveness of policies on hydrology, hydrometeorology, and hydrogeology system at provincial level; and e. monitoring andevaluation of the execution of policies 011 hydrology, hydrometeorology, andhydragoology sys. tern at provindallevel Article12 In the performance of dutiesreferred to in Article 6, the Provincial SDA Council is obliged to submitwritten reports lo the Guvernur qt 1~5t two (2) time:> annU<!llly with a copyto the National SDA COuncil. PartThree Regency/City SDA Council Artlc~ 13 (1) TheRegency/City SDA Council residesin the capitalof the regerc.;/city. (2) TheRegenCf/CitY/ SDA Cour.cil isnon-structural in na ture; reports to and is responsible directlyto the Re gent{Mayor. 1\rtic:1e 14 .... Article14 The ReaeneyJOty SDA Council referred to in Ar ticle 13 has the duty to assist the Regenq!dty inthe coor dinationof water resources managementthrough: a. Compilation and formulation of policy and strategy in the managementof water resources in the regency! r-ity tme;M nn thp Prnvinril'll snA C'.nllncll.pnliry hy nh serving the interestof surrounding regency/city; b. Compilation of water resources management program of the regency/city; c. Compilation and formulation of policy in the rnanaqe ment of hydrolooy, hvdrometeoroloqv, and hydrogeology information system at regency/city level byobserving province level policy inthemanagement of hydrology, hydrometeorology, andhydrogeology in formation system;and d. monitoring and QValuation of the performance of fol low-ups of thestipulation of riverbasins andground water basins, and proposing changes to river basins and ground waterbasins stipulation. Artide 15 To execute the duties referred to in Article 10, Regency/Oty SDA Council perform coordination functions through: a. consultation with relatedparties for policy synchroni zation and to achieve 0 common undcrstaodlnq be tween sectors, regionsand ownersof interests in the management of water resources at regency/city level; b. integration and synchronization of interestsbetween sectors, regions and owners in the managementof wcter I-eSOUI'Ce~et regency/city levd;. c. monitoringandevaluation ot the performance of water resources management policies at regency/city level; Business News 7661-7662/5-14-2008 SA d. consultationwith related parties for the cohesiveness of polidps on hydrology. hydrom!rteorology, and hydrogeology informationsystem at regenc.y/dty level; and e. monitoring and evaluation of the executionof policies onhydrology, hydrometeorology, andhydrogeology in formotion sYMem et regency/city level; Article 16 In the performanceof duties referred to inArtide 14,the Regency/City SDA COuncil is obliged to subm~writ ten reports to the Regent/Mayor at least two (2) times annuallywith a copy to the NationalSDA Council and Pro vincialSDA COuncil. CHAPTER IV ORGANIZATION COMPOSITION AND WORK MEOiANISM Part One National SDA Council Paragraph 1 Organization Composition, Membership, Commis sioning and Dismissal Artide 17 (1) The organi<ation c:o<nposiijon of National SO...Council consists of: a.Chairman conoJrrently asmember; b. DailyChairmanconcurrentlyas member; and c. Members. (2) NationalSeA Council Chairmanis held by the Cocrdr retlnc Minister inthe field ofEconomy. (3) NationalSDA CouncilDailyChairmanisherd by a Min ister (4) Membership ..... (4) Membership ofNational SDA Council referred to insub article (1) originates from government and non-qov emment elements ina balanced number based onthe prindpleof representation. Article 18 (1) National SDA Coundl membership originating fromgov ernmentelementscovers: a. Coordinating Ministerin the field of Economy; b. Minister/Head of Body in thefieldof National Devel opment Planning; c. Ministerin the field of water resources; d. Minister in the field of home affairs; e. Ministerin the field of livingenvironment; f. Minister in the field of agriculture; g. Minister in the fieldof health; h. Minister in the fieldof forestry; L Minister in the field of transportation; j. Ministerin the field of industries; k. Minister inthefieldof energy andmineral resources; I. Ministerin the field ot oceanand nsnery: m Minister in the fieldof research and technology; n. Ministerin the field of national education; o. Head of Bodyin the field of meteorologyandgeo physics; p, Head of Institution in the field of sciencc; and Q. Representatives of the regionalgovernment. (2) Representatives of the regionalgovernment referred to in sub-article (I) letterq consist of: "'.Twn0) hovemofl; ~pre<=;entino the Western part of Indonesia; b.Two (2) Governors representing the Central part of Indonesia; and c. Two (2) Governors representing the Eastern part of Indonesia; Business News 7661-7662jS-14-200B 6A (3) The selection and commissioning of the representa tives of the regionalgovernments referred to in sub article (1) letter q is made by the Coordinating Minis ter in the field of Economy as National SDA Council Chairman based on a consideration-of the Ministerof HomeAffairs ; (4) Membership of the Governors in the representation of the, rf>Qional governments referred to in sub-article (2) isstipulatedto be by turns for a term of two (2) years. (5) National SDA Council membership originating from non governmentelements et netionol level con conalst of the following elements: a. organlzation(assodationof water usersfor farm ing; b. organization/association of drinking water busi ness enterprises; c. organization/association of industrywater user; d. organization/association of fishery water users, e. organization/association of water resources con servation; f. organization/association of water resources users for electricity; g. organization/association of water resources users for transportation; h. orqanlzetlon/assocation ot water resources users for tourism/sport; L organization/association of water resources users for mining; j. organization/association of business performers in the field of forestry; and k, organization/association of controllers of water destructive power. Article 19 (1) National SDA Council membersoriginating from non government elements are commrsstonec anu urs charged by the President on the proposal of the or ganization/association group it represented. (2) Proposal ••••. (2' Proposal for NationalSDA Coone" mambers from n.n" governmentelementsreferred to in sub-artide (1) is made througha democraticselection mechanism. (3) Selection of National SDA Council membersfrom non govcrnment clemcnts is made Qt least ~jx (6) rnontha before the expiration of office term of National SDA Council memberfrom non-government elements. (4) The performance of the selection referred to in sub article (2) shallbefacilitated byNatiollaJ SDA Council Secretariat. Article20 (1) National SDA CotIncii membership from non-govern ment elements is for an office term of five (5) years. (2) Duringthe membership term referredto in sub-article (1), it isauthorized to makea replacement ifthe mem ber concerned: a. resigns; b. passed away; c. prevented permanently from performing hisduty for at~stc~(l)Ve~~ d. isstated guilty committingcrime based on a court's judgment havinga permanentlegalpower; or e. wltnClrawn I)ytne element represented. Paragraph 2 WorkMechanism Article21 (1) NatiollalSDA Council holdsa meetlngat leastoncein three (3) months. (2) TheNational SDA COuncil meeting referredto in sub artlde (1) shall be chaired by the National SDA Council Chairman andattended bythe members. (3)In theeventthe National SDA CoundlChairman is pre vented fromattelldin9, theNational SDA Counal meet ing shallbechaired by the NationalSDA COuncil Daily Chairman. Business News7661-7662/5-14-2008 7A (4) In the /!)e1formance ofthe meeting,the National SDA Council may invite resnl1rr:e pt"rsnns from gnvemmPllt agencies, univetsities, Community SelfInstitution (LSM), or the communityconcerned. (5) The meetingorder and decision makingprocedureof theNational SDA Council shall be regulated further by thE'Chainnan nfthp N<'ltinnal C;DA lnundL Article22 {I} The National SDA CounCil Chairman hasthe authority to: a. giplll;:m:. NAtion,,1 <:;OA Council work. plan b. stipulate meeting order anddecision makingpro cedure of the NationalSDA Council; c. lead the National SDA Council meeting in accor dancewith provisio1ls of meeting order and ded sion making procedure; and d. stipulatedecisions based on results of National SDA Council. (2) The NationalSDA COundl DailyChairman hasthe du tiesto: ~. perform coordination and consultation betweEm soc tors, regions andinterestowners inwater resources management; b. perform the duties of NationalSDA Council Chair man in the event the NationalSDA Council Chair man is prevented from attending; c. coordinatethe compilation andformtJlation of poIiqt andstrategy inthemanagementofwaterresources; and d. coordinate thecompilation andformulation orpolicy in the management of hydrology, hydromc::tcorol ogy, and hydrogeologyinformationsystemat na tionaI level. ArtidaZ3 ... , . Artide 23 .} In the performance of duty, National SDA Council may Deasssteo bya wor1<.lng teamCOnSisting or experts In the fieldof water resources management. (2) The working team referred to in sub-article (1) is fanned bytheChairman of the·National $DACouncil. (3) The working team referred to insub-article (1) hasthe dutyto: a. perform studies on issues or problems assigned by National SDA ('1)unr.iI fnr thp it<: c:pttlf>mf'nt; ;:mc1 b. assist the preparation of policy draft for discussion materialofthe NationalSDA Council. Peraqraph 3 National SDA Council Secretariat Article24 (1) Toassist thedutiesof the National SDA Council, a Sec retariatof the National SDA Council shall be formed. (2) The National ~LJA council secretanat referred to in sub-article (1) hasthe duties to: a. supportthe performance of duty and functions of the National SDA Council; b. facilitate the procurement of experts / resource per sons required by the National SDA Council; c. performsecretarialadministration; d. perform finance administration; and e. facilitate the performance of selection of council members from non-government elements. Article25 Nurturance of National SDA Council secretarlet shallbe further regulated bya MinisterRegulation. · 'Business News 7661-7662/5-1+2008 SA PartTwo Provincial SDA Coundl Paragraph 1 Organization Composition, Membership, Commis sioning andDischarge Article26 (1) Theorganization composition of Provincial SDA Coun cil consists of: a. Chairman concurrently as member; b. DailyChairman concurrently asmember; and c. Members. (2) ProvincialSDA Council Chairman isheldbythe Gover nor. (3) Provincial SDI\ Council Daily Chairman is held by the Head of an Agency/service. (4) Members of Provincial SDA Coundlmaybegrouped in several commissions, exceptthe Chairman and Daily Chairman. (5) Membership or ProvIncIal SDA COuncil referred to In sub-article (1) originatesfrom governmentand non government elements ina balanced number based on the principle of representation. Article27 (1) Provincial SDA Council membership originating from government elements consist of repr~nl:ativ~sof Agencies/services relatedwith water resources cov ering: a. Agency in the fieldof planning in the region; b. Agency/service in the field of water resources; c. Agency/Service in the field of living environment; d. Agency/Service in the field of agriculture; e•.Ageocv. I . ', I e. Agency/service in the field of health; f. Agency/selVice in the field of forestry; g. Agency/service in the field of transportation; h. Agency/service in the field of industries; i. AgencyJServl~ in thl'! field of mining; j. Agency/5elVice jn the field of oceerrend fishery; k. Agency/service in the field of education; l. Technical Agency/Service in the field of meteorol ogyandgeophysics; (2) Provincial SDA Council membershiporiginating from non-government elementsat provincialle-;el cancon sistot the folloWing elements: a. organization/association of cultural (adat) commu nity; b. organization/association of water users for farm ing; c. organization/association of drinking woter busi ness enterprises; d. organization/association of industry water users; e. organization/association of fishery water users; f. organization/association of water resources con servation; g. organization/association of water resources users for electricity; h. organization/association of water resources users for transportation; i. organization/association of water resources users for tourlsrn/sport; j. organization/association of water resources users for mining; k. organization/association of business performers in the field of forestry; and I. organization!association of controllers of waterde structive power. BusineiS News 7661-7662/5-14-2008 9A Article 28 (1) Provincial SDA Council members originating from non government elements are commissioned and dis chargedby the Governoron the proposal of the orga nization/association group it:represented. (2)Proposal forProvindal SDA Counalmembers from non governmentelements referred to in sub-article (1) is madethrough a-oemocrattc selection mechanism. (3) selection of Provindal $DACoundlmembersfrom non governmentelementsis madeat leastsix (6) months before the expiration of office term of Provincial SDA Council memberfrom non-governmentelements. (4) The performanceof the selectlon referred to In sub artide (2) shallbe facilitatedby Provincial SDA Council secretariat. Article29 (1) Provincial SDA Council membership from non-govern mentelements isfor anofficeterm asof flve (5) years. (2) Duringthe membershipterm referredto in sub-article (1), it isauthorized to makea replacement if the mem berconcerned: a. resigns; b. passed away; c. prevented permanently from performing his duty for at least one (1) year; d. isstated guiltycommittingcrimebased ona court's judgment h<'lvinO <'I JlPrmanent legal power; e. withdrawn by the element represented. Paragraph 2 Work Mechanism Article30 (1) Provinc~1 SDA Council holdsa meetingat leastoncein three (3) months. (2) The (2)The Provlnoal SDA COuncil meetlnq referred to insub article(1) shall bechaired by the Provincial SDA Coun en Chairman andattended by the members. (3) In the event the Provindal SDA Council Chairman is lOA d. coordinate thecompilation andfannulation ofpolicy in the managementof hvdroloqv, hydrometeorol ogy,and hydrogeologyinformation system at pro vincial-level. IJn::vt=nlal flUJH d~l.tIfl(Jjl'Yf U* PIUVifJt,:itll SPA Cuufll.il meeting .hall bechaired bythe Provin<:ial SDA Council Daily Olainnan. (4) In the pelfonna"", ofth.l)IOlO\ill!l, th. Provincial SDA Council mayinvite resource persons from government ~iP<:. IIllivpr;itjF>, l.lV11munity SPIfTn!'>tit!Jti:ln ([ C;M), or the communityconcerned. (5) The meeting orderanddecision making procedure of the Provincial SDA COuncil shall be regulated runner bythe Chairman of the Provincial SDA Council. Arttcle 3\ (1) Provindal SDA Coundl Chaltman has theautho'ityto: a. :itipulatc rrovln<::ial SDA Council work plan; b. stipulatemeetingorder and decision makingpro cedure of the Provindal5DA Council; c. lead the Provincial SDA Coundl meeting In eceor dancewith provisions of meeting order and ded Am ITUtking procBtUM; and d. slIpulabl deciSion based onresults of I'llIYlndll SDA Coundl. (2) Provllclal 5DA OlUncll Dill\( CNlllmln ""11l1O dUllOS 101 a. poIform coordinatiOn andCOI1SIJltation belween sec lets, I'l!!lions and InlBA!St own"", In urtes management; b. perform the duties of Provincial SOli.Council Ch3ir~ manin the event the Provincial SOA CoundlChair manisprevented from attending; c. coordinate thecompilation andfannulalion of poiicy andslBtegy inthomanagomentofwalef rescorces, and BusIness News 7661-7662/5-14-2008 Paragtaph 3 Proyint;ial SDACO\..lflCiI Secretariat Article 32 (1) To assist the duties of the Provincial SDA Council, a Secretariat of the Provincial SDA Council shall be fanned. (2) rhe t-'rOVinCI~U SPA council Se<;retarlat referred to in sub-article(1) has the duties to: a. support the performance of duty and functions of ProvInciII SDA Coun<iI; b. fadlltabltho procurement of experts/resource per sons reql,Ji.-.l by the Provindal SDA Council; c. perform secretarialadministration; d. perform finance administration; and e. facilitate the performance of selection of council membersfrom non-governmentelements. Regency/CItY SDA Counal Pa,agraph 1 Organization composition, Membership, Commissioning and Discharge Artid@33 (1) The organization composition of Regency/City SDA Council consists of: a. Chairman concurrentlyas member; b. Daily dlairman concurrentiy as member; and c. Members. (2) Regency ..... (2) Regency/City SDA Councii Chainnan isheld bythe Re gent/Mayor. (3) Regency/City SDACouncil Daily Chairman is held by the Head of anAgency / service. (4) Members ofRegency/Oty SDA Coundl maybegrouped inseveral commissions, except: the Olairman and Daily Chairman. (5) Members of Regency/City 5DA Council referred to in sub-article(1) originatesfrom governmentand non governmenteementsIna balanced numbertesecon the prindple of representation. Article34 (3) Regency/Oty 5DA Council membership Originating from oovernment elements consist of representatives of Agencies/Services relatedwith water resources cov ering: a. Agency in the field of planning in the region; b. Agency/Service in the field of water resources; c. Agency/Service in the field of livingenvironment; d. Agency/Service in the field of agriculture; e. Agency/Service in the field of health; f. Agenev/Service in the field offorestrv: g. Agency/service inthe field of transportation; h. Agency/Service in the field of industries; i, Agency/5ervk:e in the field of mining, j. Agency/service in the field of ocean and fishery; and k. AgencyjServicein the fieldof education; (2) Regency/City SDA Council membership originating from non-govemment elements at regency/city level can con sistof the follOWing elements: c. organization/association of cultural (edat) commu nity; b. organization/association of water usersfor fann ing; 9U5incx NeW5:"661-766J,1S-14-200S llA c. organization/association of drinking water busi ness enterprises; d. organization/association of industry water users; e. oroanlzatlon/assoctatlon of fishery water users; f organization/association of water resources con servation; g. organization/aSSOCiatiOn or water resources users for electricity; h. organization/association of water resources users for transportation: l. organization/association of water resources users for tourism/sport; [. orqaruzation/assodation of water resourcesusers for mining; k. organization/association of business performers in the field of forestry; and I. orgLlnizotion/Q:ssociiltlon of controllers of weter de structivepower. Article35 (1) Regency/City SDA Council members originating from non""9OVQmment QIQmenb> are commissioned and dis charged by the Regent/Mayor on the proposal of the organization/association group it represented. (2) Proposal for Regency/City 5DACouncil members from non-govemmentelements referred to insub-article (1) ie; m?Jnp rhmuqh a demorratk- selection mechanism. (3) Selection of Regency/City SDA Coundlmembers from non-govemment elements is made at least six (6) months before the expiration ofoffice termofRegency/ City SDACound!member from non-government ele ments. (4) The performance of the selection referred to in sub article (2) shall be facliitated by Regency/City 5DA Council Secretanet. Articlp ":l.Fi 12A Article 36 (1) Re<)ency/City SDA Council membership fromnon-gov ernment elements isfor an offICe termas of ffve (5) yParc. (2) During the membership termreferred to insub-artide (1), ~ isauthorized tomake a replaceme<1l Wthe mem ber concerned: a. resigns; b. passedaway; c. prevented permanently from performing his duty forat leastone(1) year; d. isstatedgUilty tommltting crime baSed ona court's judgment having a permanent legal power; e. withdrawn by the element represented. Paragraph 2 WUlkt-b.Ildll~1l Article 37 (1) Re<jency/Cily SDA Council holds a meeting alleastooce in three(3) months. (2) The Regency/Oty SDA Coundl meeting referred to in sub-erttcle (1) shall be chaired by the RegenCY/City SDA Council Olairman and attended bY themembers. (3) In theevenltheRegency/City SOA Council Chairman Is prevented from attending, theRegency/City SDA Coun cilmeeting shall bechaired bythe Regency/City SDA Council DailyC'lainnan. (4) In theperformance of themeeting, theRegency/City SDA COuncil may invite resource persons from goy. emment agencies, universities, Community self Insti tution (LSM), orthe community concerned. (5) The meetin!J order and dectston making procedure of the Regency/City SDA COundlshall be requlated fur therby the Chairman of theRegency/City SDA Coun cil. BU:ioh~New57G<i1-7GG2/:'-11 2008 Article 38 (1) Re<)ency/City SDA Coundl Chairman hastheauthority to: a. stipulate Regenev/OW SDA Coundl work plan; b. stipulate meeting orderanddecision making pre cedure of the Regency/my SOA Council; c. lead the Regency/Oty SDA Council meel1ng In ac cordance with provisions of meeting orderandde cision making procedure; and d. stipulate decisions based on results of Regency/ City SDA Council. (2) Regency/Oty SDA Council Daily Chairman has thedu ties to: a. perform coordination andconsultatIOn between sec tors andinterest-owners inwaterresources man agement; b. perform the duties of Regency/City SDA Council Chairman intheevent theRegency/OtySDA Coun 01 Chainnon is prevented from attending; c. coordinate thecompilation and formulation of policy and strategy inthemanagement ofwater resources; and d. CXXlrdlnale the compilation andformulalion of policy inthe rnanaqemern of hydroloqy, hydrometeorol ogy, and hydrogeology information system at re gency/city level. Paragraph 3 Regency/City SDA Council Secretariat Article 39 (1) To assist theduties ofthe RegenOJ/City SDA Council, a 5eeretariatof the Regency/City SDA Council shall be fanned inaccordance with provisions ofstaMoryregu lation. (2)Tbe 13A (2) TheRegency/City SDA Council Secretariat referred to insub-artlde (1) has theduties to: a. support the performance of dutyand functions of Regency/City SDA COundl; b. fllCllltate the pnxurement ofexeerts/resource oer "",J/Ilqulrfld bythe R~ncy/Clty SOA COuncJI; c. perform secretarial administration; d. percrru firillflUladmlnllttationj lind e. !adlilate lhe performence of .electlon of council members from non-govemment elements. CHAPTER V WORK RELATIONSHIP BETWEEN WATER RESOURCES COUNCIL Article 40 (1) Work relationship between National SDA Council, Pro~ vindal SDA Councfl, and Regency/City SDA Council is coordinative and consultative innature. (2) Thework relationship thaI IsOOOrtllnalive andconsul tative In nature referred to In sub-artide (1) covers matters between administrlltl'lt! regions, nter-sectcr interests, ornational interest Issues. (3) In the performanceofdutia;refetT1ld to InArtide 6, National SDA COuncil is aulhorize<J to request for inputs ftom Provlndal SDA COundl and/or R.egency/ Oty SDA COundl. (4) In the performanceof dutiesreferrell to InArticle 10 and ArtIcle 14, Provincial SDA COuncil and/orR~/ City SDA COundl may request forconsiderations from National SDA COundJ. CHAPTER VI fUI\[)!NG Article 11 (I) Funding ofNational SDA COuncil operations ~ borneOIl the state Income and Expenditure Budget(APBN). Buliness News 7661-7662/5-14-2008 (2) Funding ofProvincial SDA Council operations ;s bome on theIncome and Expenditure Budgetof the Province (APBD). (3)Funding ofRegency/Oty SDA COuncil operations~ borne 0" the Income and Expenditure Budgetof the Regency/ Oty(APBD). CHAPTER VII mANstnONAL PROVISIONS Article 42 (1) Before the N~tionalSDA Council is established, the per formaneeofduties and functions inthemanagement ofwater resources at national1evel shall be perfonned by the Water Resources Management COOrdination Team (TKPSA) a' established by Presidential Decree No. 123Year2UUlwhiCh hadbeen amendeCI by presl~ dential Decree No. 83 Year 2002. (2) Theperformance of duty[mel functions ofTKPSDA re ferred to insub-article (1) related with thecompilation and tormuletlcn of policy and strategy ()f water re sources management had tobe executed by Indudlng representatives ofthe community related with water Article 43 (1) Before the Provincial SDA COuncilor Regency!City SDA COundl isestablished in accordance with this Prest dential RegulatiOn, the cerrorrrerce of dunes and rcrc tions inthecoordination afwater resources manage mentat provindallevel or reqencv/dtv level shall be performed bythe WaterRegulating COrnmillEe orother coordination forums. (2) The , ..•. 14A (2) The performance of duty and functionsof the WaterRegulating Committee or the other coordinationforum referred to Insuo-artICle (1) relatedWiththe compnatlOn and formulatIonor policyand strateqy Ofwater resources manage menthad to beexecuted by including representatives of thecommunity related withwater resources management. (3) Statutoryregulationsrelatedwith the WaterRegulating Committee or other coordination forums referred to in sub article(2) at provincial levelor regeoo,!cif)( level shouldbe confonnedtwo (2) years at the latest after this Preskien tialRegulation is stipulated. ArlicIe44 (1) In the event the Secretariatof NationalSDA Council is not yet formed, the performance of selection referred to in Article 19sub-article(4) shall be carried out by the Selection Teamof membersof the NationalSDA Council. (2) The selection Teamreferred to in sub-article (1) shall be stipulated by the Daily Chairman of Water Resources Management Coordination Team (TKPSA) referred to in Article42. Artide 4S (1) In the eventthe Secretariat of ProvincialSDA CouncilorRegency/City 5DACOuncil is notyet formed,the performance of selection referred to in Article28 sub-iutidp (4) andArticle3Ssub-article(4) shall becarried out by the Selection Teamof membersof theProvindalSDA Coundlor Regency/City SDA CouncU. (2) The Selection Teamreferred to in sub-article(1) is stipulatedbythe Governoror Regent/Mayor. QiAPTER V111 llib.lNG PROVISIONS Artide46 In a period ofone (1) year from thestipulation ofthisPresidential Regulation, NationalSOA Council should have been established. Artide47 This Presidential Regulation comes to effectfromthe date of stipulation. Stipulated inJakarta On February 26,2008 THE PRESlDENTOFTHE REPUBllC OF INDONESIA, Sgd OR. H. SUSILO Bi\MBANG \"UDHOVONO ===(D)==~ BusillC:5S New' 7661 7662/5-11-2009