Regulation of the Minister of Forestry of RI No. P. 45/Menhut-II/2011 concerning measuring and testing of forest product

GOVERNMENT REGULATIONS MEASUREMENT AND TESTING OF FOREST PRODUCT (The Regulation of Minister of Forestry of RI Number P. 45/Menhut-II/20 11, 24 May 2011) 8Y THE GRACE OF ONE AND ALMIGHTY GOD THE MINISTER OF FORESTRY OF REPUBLIC OF INDONESIA, Considering: a. that based on Article 117 paragraph (2) and paragraph (3), Government Regulation Number 6 Year 2007 concerning Forest Arrangement and Preparation of Forest Management Plan as well as Forest Utilization, as has been amended with Government Regulation Number 3 Year 2008, au thoritv offir.EHS carrv out decision on type. mea surement of volume/weight, and/or total calcula HUll and can perfurm test upun all forest products from state forest; b. that based on Article 118 paragraph (1), Govern ment Regulation Number 6 Year 2007 concern ing Forest Arrangement and Preparation of Forest Management Plan as well as Forest Utilization, as has been amended with Government Regulation Number 3 Year 2008. upon all forest products from private forest, decision on type, measure ment of volume/weight, and/or total calculation as well as statement letter of private forest prod uct origin; c. that based on Article 120 paragraph (4), Govern ment Regulation Number 6 Year 2007 concern ing Forest Arrangement and Preparation of Forest Management Plan as well as Forest Utilization, as has been arnanried with Government Regulation Number 3 Year 2008, extending laws concerning the arrangement ror rneasur ernent and testing of forest product are regulated with Minister Regula tion; d. that in relation with those aforementioned, it is necessary to stipulate Regulation of Minister of Forestry concerning Measurement and Testing of Forest Product; In view of: 1. Law Number 41 Year 1999 (BN No. 6400 page 1B-88) concerning Forestry (State Gazette of Republic of Indonesia Year 1999 Number 167, Supplementary State Gazette of Republic of In donesia Number 3888), as has been amended with the Law Number 19 Year 2004 (BN No. 7140 page 318-328) concerning the Stipulation of Government Regulation in Lieu of Law Number 1 Year 2004 concerning the Amendment upon Law Number 41 Year 1999 concerning Forestry to become Law (State Gazette of Republic of In donesia Year 2004 Number 86, Supplementary State Gazette of Republic of Indonesia Number 4412); 16 Business News 813613·26·2012 GOVERNMENT REGULATIONS 2. Government RegulCition Number 6 Year 2007 con cerning Forest Arranqernent and Preparation of Forest Management Plan as well as Forest Utilize tion (State Gazette of Republic of Indonesia Year 2007 Number 22, Supplementary State Gazette of Republic of Indonesia Number 4696), which has been amended with Government Regulation Number 3 Year 2008 (State Gazette of Republic of Indonesia Year 2008 Number 16, Supplemen tary StMe GazP.tte of Rp.rublic of Indonesia Num ber 4814); 3. President ReyulCitiun Number 47 Year 2009 con cerning Formation and Organization of State Min istry of Republic of Indonesia; 4. President Regulation Number 24 Year 2010 con cerning Positions, Duties, And Functions of State Ministry As Well As The Order of Organization, Duties, and Functions of Echelon I of State Minis try; 5. Presidential Decree Number 84/P Year 2009 con cernina Formation of United lrrdo ne sia Cabinet II; 6. Regulation of Minister of Forestry Number P.55/ Menhut-ll/2006 concerning Adrnlnlstration uf Forest Product From State Forest as has been amended for several times, the last one with Regulation of Minister of Forestry Number P.45/ Menhut-II/2009 (State Gazette of Republic of In donesia Year 2009 Number 215); 7. Some provisions in the Regulation of Minister of Forestrv Number P.58/Menhut-II/2008 concern ing Competency and Certification of Technical Manpower of Sustainable Production Forest Man aqernent (State Gazette of Republic of Indonesia Year LOOB Number b2), as has been amended with Regulation of Minister· of Forestry Number P.20/Menhut-II/201 0 (State Gazette of Republic of Indonesia Year 2010 Number 221); 8. Regulation of the Minister of Forestry Number P.40/Menhut-II/2010 concerning Organization and Management of Ministry of Forestry (State Gazette of Republic of Indonesia Year 2010 Num ber 405); DECIDED: To stipulate: REGULATION OF THE MINISTER OF FORESTRY CONCERNING MEASUREMENT AND TESTING OF FOREST PRODUCT. CHAPTER I GENERAL PROVISIONS Article 1 In this Regulalion there are definitions as Iol lows: 1. Forest products are living things, non-living things and their derivatives as well as service derived from forest. 2. State forest is forest located on the ground that is not burdened with rights upon land. 3. Private forest is forest located on the ground that is burdened with rights upon land. GOVERNMENT REGULATIONS 4. Mei'lsuremp.nt of forest rrndur.t is activity to rlp. cide total, type, volume/weight of forest product. 5. TesLing of foresL product is ectlvitv to decide total, type, volume/weight and quality of forest product. 6. Authority officer is the Technical Manpower of Sustainable Production Forest Management (GA NISPHPL) or Supervisor of Technical Manpower of Sustainable Production Forest Management (WAS·GANISPHPLj as qualified personnel and ap pointed by the authority official. 7. GANISPHPL is Officer of company, the license holder of sustainable production forest manage rner rt, who has cornpe tencv in sustainable pro duction forest management in the field of forest product testing accordingly to the qualification that is Deep Forest Roundwood Testing (PKB-R), Teak Roundwood Testing (PKB-J), Forest Sawn Wood Testing (PKG-Rl, Teak Sawn Wood Testing (PKG-Jj, Plywood Testing (PKLl, Chip Testing (P Chip), Trunk Group Testing (JIPOKTANG), Latex Group Testing (JIPOKTAHj, Oil Group Testing (Jt POKMINj, Resin Group Testing (JIPOKSINj, Wood Charcoal Testing (PAK), and Bark Group Testing (JIPOKLlT), appointed and dismissed by the Head of Hall on behalf of Director General. ing (PKB-Rl, Teak Rounrl\Noorl Tp.!':ting (PKB-.Jl, Forest Sawn Wood Testing (PKG-R), Teak Sawn Wool! Testing (PKG-Jj, Plywood Testing (PKLj, Chip Testing (P-Chip), Trunk Group Testing (JI POKTANGj, Latex Group Testing (JIPOKTAHl, Oil Group Testing (JIPOKMINl, Resin Group Testing (JIPOKSIN), appointed and dismissed by the Head of Hall on behalf of Director General. 9. Company is the Holder of Business License for Timber Forest Products Utilization (lU PHHK) in natural forest and plantation forest IUPHHK, Busi ness License for No n-Timber Forest Products Utilization (lUPHHBK), License for Timber Forest Products Collection (IPHHKj, License tor Non Timber Forest Product Utilization (lPHHBK), Busi ness License for Timber and Non-Timber Forest Products Primary Industry in the from of Private Owned Enterprises (BUMS), State-Owned Enter prise (BUMN) and Regional-Owned Enterprises and Registered Shelter. 10. Coaching in measurement and testing of forest product is activity to provide guidance in the implementation of forest products measurement and testing activities, technically and administra tivelv. 11. Director General is Director General appointed for 18 I 8. WAS-GANISPHPL is forestry Officer who has I duties and liabilities in Forestry Business Manage competency in supervision and inspection of sus- I rnent field. tainable production forest management in the 112. Provincial Office is the Office appointed for duties field of forest product testing accordingly to the I and liabilities in forestry field in Province. qualification that is Deep Forest Roundwood Test- I 13. Regency/Municipal Office is the Office appointed ~~-~,~. ~~ Business News B23613-16-2012 GOVERNMENT REGULATIONS for duties and liabilities in forestry field in District/ City. 14. Hall is Technical Implementation Unit (UPT) of Di rectorate General of Forestry Business Manage ment accordingly to its operational territory. CHAPTER \I PURPOSES AND OBJECTIVES Article 2 Purposes of the implementation of measure ment and testing of forest product are: a. To protect state rights upon forest products in the form of collection of Forest Resources Provision (PSDH) and/or Reforestation Fund (DR). b. To protect people's interest upon quality forest product whether in the aspect of ecolugy as well as economy. G. To improve forest products cornpetitivcno ao and sustains ble forest management. Article 3 Objectives of the implementation of measure ment and testing of forest product are: a. As calculation base for Forest Resources Provi sion (PSDH), Reforestation Fund (DR) and/or crop value compensation. b. To know sale price calculation c. As calculation base for company's profit-loss and employees' wage/salary. d. As base to determine quality and age of tree crop, whether from economy as well as ecology aspect. CHAPTER III PROCEDURES FOR MEASUREMENT AND EVALUATION OF FOREST PRODUCT Article 4 (1 r All forest products from state forest are obliged to done measurement and testing upon by the au thority officer/forest products examiner person nel. (2) All forest products from private forest are obliged to be done measurement and type determination upon by the Head of Village/Sub-District or ap pointed officer. Article 5 (1) Equipments for forest products measurement are calibrated by the authority institution. el) EqUipments for forest products measurement are obliged to be reported to the Hall for registration. (3) Equipments, as meant at paragraph (1) and (2), and used by GANISPHPL are obliged to be pro vided by the company. (4) Equiornents, as meant at paragraph (1) and (2), and used by WAS-GANISPHPI are ohliged to be provided by the Provincial/Regency/Municipal Of fice. Article 6 (1) Measurement and testing as meant In Article 4 paragraph (1) are performed by GANISPHPL. (2) Measurement and testing of forest product are principally done on the ground or open space. (3) In case the measurement and testing of forest products is done in a room such as storehouse, in and/or on ship/pontoon, there must be proper lighting, so that observation upon object of mea surement and testing can be performed. (4) In case measurement and testing of forest prod ucts in the form of roundwood must be done in Business News 823613·26·2012 19 GOVERNMENT REGULATIONS water, it is carried out under condition that at least y.. (a quarter) of .the round wood Hunk is floating on the water surface. and regulations. (2) Head of the Hall reports to DireClOr General every 6 (six) months with copy to Head of Provincial Of Iice and Head of Rt:gt:nl:y/Munidpal Office, Article 7 Method for measurement and testing of for est products is regulated with Regulation of Director General. Article 8 Upon measurement and testing of forest products done by GANISPHPL, as meant in Article 6 paragraph (1), WAS-GANISPHPL performs investi gation, which result written on Investigation Official Report (BAP). CHAPTER VI FINAL PROVISIONS Article 11 This Regulation of Minister of Forestry starts to take effect since the promulgation date. For everybody to acknowledge this regula tion, this Regulation of Minister of Forestry is promul gated by placing it in the State Gazette of Republic of Indonesia. CHAPTER IV COACHING Article 9 (1) Director General carries out coaching and evalu ation upon measurement and testing of forest products. (2) Local Head of Hall performs coaching and evalu ation upon the implementation of measurement and testing of forest products done by GANI SPHPL and WAS-GANISPHPL. (3) Coaching and evaluation as meant at paragraph (2), can be done by male or female. Stipulated in Jakarta on 24 May 2011 THE MINISTER OF FORESTRY OF REPUBLIC OF INDONESIA, Sqnd. ZULKIFLI HASAN Promulgated in Jakarta on 30 May 2011 THE MINISTER OF LAW AND HUMAN RIGHTS OF REPUBLIC OF INDONESIA, Sgnd. PATRIALIS AKBAR (A l THE STATE GAZETTE OF REPUBLIC OF INDONESIA YEAR 2011 NUMBER 320 CHAPTER V REPORTING Article 10 (1) GANISPHPL and WAS-GANISPHPL are obliged to report to Head of Hall in monthly basis as their main duties and functions accordingly to the laws .~ Business News 8236f3·26·:Z01220