1990 - faolex databasefaolex.fao.org/docs/pdf/ins3867.pdf · republic of indonesia number 5 of 1990...
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ACT OFTHE REPUBLICOF INDONESIA
NO.5 OF 1990
CONCERJ'lING
CONSERVATION OF LIVINGRESOURCES AND THEIR
ECOSYSTEMS
MINISTRY OF FORESTRY
OF
TIill REPUBLIC OF INDONESIA
Translator's Note
This is (1 translation from the IndonesianLanguage into English of Act of theRepublic of Indonesia Number 5 of 1990Concerning Conservation of LivingResources and Their Ecosystems. In the execution of this translation. every effort hasbeen made to stay as closes as possible tothe Indonesian text. This English languageversion is made as readable and understandable as possible and is meant for thosewho do not understand the Indonesia language. Where any doubt exists, referenceshould be made to the original legislation.In matters of interpretation the law as written in Indonesia will always be the finalauthority.
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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, sothat, 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 DutchColonial 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 paragraph (1), and article 33 of the Constitution of 1945 ;
2. Act No.5 of 1967 Concerning BasicProvisions for Forestry (State Gazette of1967-number 8, supplement to StaleGazette- number 2823) ;
3. Act No 4 of 1982 concerning BasicProvisions for The Management of theLiving Environment(State Gazette of 1982number 12, Supplement to State Gazettenumber 3215) ;
4. Act no. 20 of 1982 concerning BasicProvisions for State Defense and Securityof the Republic of Indonesia (State Gazetteof 1982-number 51, supplement to StateGazelle-number 3234) as revised by Actnumber 1 of 1988 (State Gazette of i988number 3, Supplement to State Gazettenumber 3368) ;
5. Act number 9 of 1985 concerningFishery (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
4Article 1
As defined under this Act:
1. Living resources shall be elements innature consisting of living plant andanimal resources which together with surrounding non-living elements constitutes
and ecosystem.
2. Conservation of living resources shallmean the management of living resourceswhose wise utilization will ensure theirmaintaining and improving their value andvariety.
3. An ecosystem shall be the inter-dependencies relationship of all interacting
natural elements of both living and nonliving resources.
4. A plant refers to any species of theplant kingdom either living in a terrestrialor aquatic environment
5. An animal is any species of the animal
kingdom either living in a terrestrial, and/oraquatic, and/or aerial environment
6. A wild plant is a plant living either inthe wild environment or under cultivation,which still possesses the genuine- characteristics of its species.
7. A wild animal is an animal, livingeither in the wild environment or in captivity, which still possesses wild features.
8. Ahabitat is an environment in whichplants and animals are able to live anddevelop naturally.
9. Asanctuary reserve shall be a specificterrestrial or aquatic area having sanctuaryas its main function preserving bio diver-
5sity plant and animal as well as an ecosystem which also acts as a life support system.
10. A strict nature reserve sh811 be asanctuary reserve area having a characteristic set of plants, animals and ecosystems, which must be protected and allowedto develop naturally.
11. A wildlife sanctuary shall be asanctuary reserve area having a high valueof species diversity and/or a unique animalspecies, in which habitat management maybe conducted, in order to assure their continue and existence.
12. A biosphere reserve shall be an 'areaof native, unique, and/or degraded ecosystems, where all natural components need tobe protected and sustained for its importance research and education.
13. A nature conservation area shall be aspecific terrestrial or aquatic area whosemain function are to preserve diversity ofplant and animal species, as well as to provide a sustainable utilization of Livingresources and their ecosystems.
14. A national park shall be a nature conservation area which possesses nativeecosystems, and which is managed througha zoning system utilized which facilitatesresearch, science, education, breeding enhancement, recreation and tourism porposes.
15. A grand forest park shall be a natureconservation area intended to provide avariety of indigenous and/or introducedplants and animals for research, science,education, breeding enhancement, culture,recreation and tourism purposes.
6
16. A nature recreation park shall be anature conservation area mainly intendedfor recreation and tourism purpose.
Article 2
Conservation of living resources andtheir ecosystemsshall be basedon the principle of harmonious and balanced sustainable utilization of living resources andtheir ecosystems.
Article 3
Conservation of living resources andtheir ecosystems is intended to sustainliving resources and balance ecosystem inorder to enhance of human welfare andquality of human life.
Article 4
Conservation of living resources andtheir ecosystemsshall be the responsibilityand Obligation of the government and thepeople.
Article 5
Conservation of living resources andtheir ecosystems shall be brought aboutthrough the following activities :
a. Protection of life support systems;
b. Preservation of plant and animalspecies diversity and their ecosystems;
c. Sustainable utilization of living resources and their ecosystems.
Chapter II
PROTECTION OF LIFE SUPPORT
SYSTEMS
7Article 6
A lifesupport system is a natural processof various elements of both living and nonliving resources which ensures the continued existence of living organisms.
Article 7
The protectionof life support systems is
intended to maintain ecological processeswhich support continued existence ofliving organisms forenhancing humanwelfare and the qualityof human life.
Article 8
(1) To realize theobjective pertaining toArticle 7, the government shall enact:
a. certain areas as a life support systemprotection area.
b. basic guidelines for regulating a lifesupport system protection area.
c. procedures for utilization of life support system protection areas.
(2) Further provisions pertaining toparagraph (1) shall be regulated by aGovernment Regulation.
Article 9
(1) Every holderof land rights or rightsover aquatic areaswithina lifesupportsystem area shall be responsible for maintaining and obliged to ensure the continuity ofthe protected function of the area.
(2) In undertaking protection of life support system areas, the Government shallregulate and conduct law enforcement ofland managementand utilization, and con-
8cession rights to aquatic areas within lifesupport system protection areas, pertainingto article 8.
(3) Law enforcement pertaining to paragraph (2) shall be conducted based uponlegislative regulation in effect.
Article 10
Degradation within a life support systemarea due to natural processes or unwiseutilization or othe C2USes, shall be followedby planned and continuous rehabilitationefforts.
Chapter III
PRESERVATION OF PLANT AND
ANThIAL SPECIES DIVERSITY IN
CLUDING THEIR ECOSYSTEMS.
Article 11
The preservation of plant and animalspecies diversity including their ecosystems shall be conducted through the following activities :
a. preservation of plant and animal diversity within their ecosystems.
b. preservation of plant and animalspecies in an individual sense.
Article 12
The preservation of plant and animaldiversity and their ecosystems shall be implemented by maintaining the integrity ofnatural sanctuary reserves in their originalcondition.
9Article 13
(1)The preservation of plant and animalspecies shall be implemented both insideand outside natural sactuary areas.
(2) 'The preservation of plant and animalspecies within sanctuary reserves shall beconducted without interference so that thepopulation plant and animal shall be innatural balance within their habitats.
(3) The preservation of plant and animalspecies outside the sanctuary reserves shallbe conducted by protection and promotingbreeding effortsof thespecies to avoid theirextinction.
Chapter IV
SANCTUARY RESERVES
Article 14
Sanctuary reserves, pertaining to article12, shall consists of:
a. Strict nature reserve
h. Wildlitesanctuaries
Article 15
Besides having their main role as areasfor preservation of plant and animalspecies diversity, sanctuary reservesshall also act as lifesupport system protection areas pertainingto paragraph (1) of Article 8.
Article 16
(1) The management of sanctuary reserves shall be implemented by the Govern-
10ment as an effort to preserve plant dodanimal species diversity and their ecosystems.
(2) Subsequent Government Regulationshall regulate the provisions for gazettingand utilization of a sanctuary reserve andits adjacent area as a buffer zone.
Article 17
(1) Activities for research and development, science, education, and othe activities supporting enhanced breeding arcpermitted within the strict nature reserves.
(2) Activities research and development,science, education, limited recreation, andother activities supporting enhanced breeding are permitted within the wildlifesanctuaary,
(3) Further provisions pertaining to paragraph (1) and (2) of this article shall beregulated by a Government Regulation.
Article 18
(1) Sanctuary reserves as well as otherparticular areas can be established as biosphere reserves in the framework of international conservation activities especiallyfor activities defined in article 17.
(2) Further provisions for establishing abiosphere reserve shall be regulated by asubsequent Government Regulation.
Article 19
(1) Any and all persons are prohibitedfrom doing any activity which leads to achange of natural integrity of a sanctuaryreserve.
11(2) 'The provision defined in paragraph
(1) of this article shall not include prohibition of habitat management activities conducted for maintaining wildlife populationswithin wild life sanctuaries.
(3) A Change of nature integrity of asanctuary reserve as defined in paragraph(1) shall include decreasingor deteriorating-ffunction and area of a sanctuary reserve,
as well as introduction of exotic plant andanimal 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 classifiedinto:
a. Endangered species
b. Rare species
(3) Further provisions pertaining to paragraph (2) shall be regulated by a Government Regulation.
Article 21
(1) Any and all persons are prohibited to
a. Take, fell, keep, destroy,exterminate,care for, transport, and trade in
12protected plant or parts thereof in liveor dead condition.
b. Transfer protected plants or partsthereof in live or dead condition fromone place to <mother, within or outsideIndonesia.
(2) Any and all persons are prohibitedto:
a. Catch, injure, kill, keep, posess, carefor, transport, and trade in a protectedanimal in Dve condition.
b. Keep, posses, care for, transport, andtrade in a protected animal in dead.condition.
c. Transfer a protected animal from oneplace to another, within- or outside Indonesia.
d. trade, keep or posess skin, bodies orother parts of a protectd animal, orgoods made of parts of the animal, ortransfer from one place in Indomesia toanother, within or outside Indonesia.
e. Take, destroy, exterminate, trade, keep,or posess ail egg and lor a nest of aprotected animal.
Article 22
(1) Any exception from the prohibitionpertaining to Article 21 can only be permitted for purposes of research, science,and/or safeguarding those plants oranimals.
(2) Safeguarding efforts pertaining toparagraph (1) shall include delivering orexchanging a plant or animal species with
I 3foreign institutions, with permit from theGovernment.
(3) An exception to the prohibition tocatch, to injure,or to kill a protected animalcan only be permitted in case the animalendangers human life.
(4) The further provisions pertaining toparagraph (1), paragraph (2), and paragraph (3) shall be regulated by a Government Regulation.
Article 23
(1) Should it be necessary, it is permittedto introduce exotic wild species both plantand animal into Indonesian Territory.
(2) Further provisionsas defined in paragraph (1) shall be regulated by a Government Regulation.
Article 2~
(1) The Government shall confiscate anyprotected wild species both plant ancanimal resulting from violation to theprovisions of Article 21.
(2) The confiscated wild species is to bereturned to its habitat or be handed over toinstitutions dealing with wildlife conservation except in thesituation that its conditionis such that it is not likely to be useful, tenit should be destroyed.
Article 25
(1) Protected species preservation bothplant and animal may on!y be carried out inthe form of human care or breeding in captivity and by designated institutions.
14
(2) Further provisions pertaining to p:lr8graph (1) shall be established by Government Regulation
Chapter VI
SUSTAINABLE UTILIZAI10N OF
LIVING RESOURCES
AND THEIR ECOSYSTEMS
Article 26
The sustainable utilization of livingresources and their ecosystem shall be ac
complished by the following activities:
a. Utilization of the environmental condition of nature conservation area itself.
b. Utilization of wild species of plant andanimal.
Article 27
Utilization of the nature conservation areaitself shall take place with strict maintenance of the conservation function of thearea.
Article 28
Utilizationof wild species bothof plantandanimal shall be take place in accordancewith their long-term survival, carryingcapacity, and species diversity.
ChapterVll
NATURE CONSERVATION AREA~
Article 29
(1) Nature Conservation Are3S asdefined as in Article 1 Recital 13 consistof
15the following are-as :
a. National Park
b. Grand Forest Park
c. Natural Recreation Park
(2) Further provisions regarding thedesignation procedure for Nature Conservation Areas and their bufferzones shall be
regulated by a subsequent GovernmentRegulations.
Article 30
The function of a Nature CondervationArea is the protection of life support system, preservation of species diversity, andsustainable utilization of living resourcesand their ecosystems.
Article 31
(1)Activities relatingto research, education, breeding enhancement, culture andnature recreation are allowed in a NationalPark, Grand Forest Park and NaturalRecreation Park.
(2) Activities pertaining to Paragraph 1must be carriedoutwithoutdiminishing thespecified function for each area.
Article 32
A National Park is managed through azoning system which may consist of CoreZone, Utilization Zone, and other zonesdepending on necessity.
Article 33
(1) Any and all personsare prohibited to
16do activities which may modify the naturalintegrity of the National Park's Core Zone.
(2) Activities considered as modifyingthe natural integrity of the Core Zone pertaining to Paragraph (1) include todiminishor to degrade, the function and area of theCore Zone, as well as introduce exoticspecies of plants and animals.
(3) Any and all persons arc prohibited todo activities which are inconsistentwith thefunction of utilization and other zones ofthe National Park, Grand Forest Park andNatural Recreation Park.
Article 34
(1) Management of the National Park,Grand Forest Park and Natural RecreationPark is carried out by the Government.
(2) Tourism facilities may be developedin the Utilization Zone of the National Park,Grand Forest Park and Natural RecreationPark, based on the management plan.
(3) For tourism and recreation activities,the government may grant concessionrights in Utilization Zone of National Park,Grand Forest Park, and Natural RecreationPark. The rights holder should promotepublic participation.
(4) Further provisions pertaining to paragraph (1), pargraph (2) and paragraph (3)shall be regulated by a GovernmentRegulation.
Article 35
Undercertain conditions and when clear-
17ly necessary for the purposes of rnaintaming or rehabilating natural resource andtheir ecosystem, the government may haltutilization activities and shut off NationalPark, Grand Forest Park and NaturalRecreation Parle
CHAITER VIII
WILD SPECIES UTTLIZAT10N
Article 36
(1) Utilization of wild species of plantsand animals may be carried out in the following fOnTIS :
a. Species analyzing, research anddevelopment;
b. Breeding;
c. Hunting;
d. Marketing;
e. Exhibition; f. Species Exchange; g. CuIture of medicinal plants; h. Hobby.
(2) Further provisions pertaining to Paragraph (1) shall be regulated by a Government Regulation.
Chapter IX
CITIZEN PARTICIPATION
Article 37
(1) The government will lead and mobilize its citizen to participate in conservationof living resources and their ecosystemsthrough an efficient and effective manner.
18(2) In pursuing the matter pertaining to
Paragraph (1) the government will encourage and develop conservation awareness, in living resources and theirecosystem, through education lind extension programs.
(3) Further provision pertaning to paragraph (1) and paragraph (2) shall be regulated by a government regulation.
Chapter X
EXECUTIVE DELEGATION OF
DUTYAND TASK ASSISTANCE
Article 38
(1) In accordance with Act Number 5 of1974 concerning Local Government, thegovernment, in implementation of conservation of living resources and their ecosystems, may delegate part of the duties andtasks to the local government.
(2)Furtherprovisions pertaining toParagraph (1) shall be regulated by a government Regulation.
Chapter XI
INVESTIGATION
Article 39
(1)As stated in the Act number 8 of 1981concerning Criminal Justice, a designatedCivil Servant whose duty is related to themanagement of conservation of livingresources and their ecosystems, in additionto the police investigator of the Republic ofIndonesia, is allowed to investigate
19criminal action regarding conservation ofliving resources and their ecosystems.
(2) The duty and tasks of investigatorpertaining to Paragraph (1) is Executedin accordance with the provision on theduty and task of the investigatorpertainingto the Act number 5 of 1983 of the Exclusive Economic Zone and Act number 9
of 1985 concerning Fishery.
(3) The investigator pertaining to Paragraph (1) is authorized:
a. to examine and to confirm reports ofallegedlycriminalactivityconcerningconservation of living resources andtheir ecosystems.
b. to investigate personswho have allegedly done criminal action regardingconservation of living resources andtheir ecosystems.
c. to examine any identification cardbelonging to persons caught inSanctuary Reserve and Nature Conservation Area.
d. to search for and confiscate evidencerelated to criminal action regardingconservation of living resources andtheir ecosystems.
e. to acquire information and evidencefrom persons or institutionsregardingthe criminal action related to conservation ")f living resources and theirecosystems.
f. to prepare and to sign the record of theinvestigation.
g. to stop the investigationshould there not
20be enough evidence to prove the criminal
case.
(4) The investigator pertaining to Paragraph (l) will report the process of examination as well as the result to theProsecutor through the Police InvestigatorOfficial of the Republic of Indonesia (referto the Act number 8 of 1981 concerningCriminal Justice).
CHAPTER XII
PROVISION OF CRIMINAL
PUNISHMENT
Article 40
(1) Whosoever intentionally violates theprovisions pertaining to Paragraph (1) ofArticle 19 and Paragraph (1) of Article 33
shan be liable to punishment by imprisonment up to a maximum of 10 years and afine up to a maximum of Rp.200.000.000,00.
(2) Whosoever intentionally violates theprovisions pertaining to Paragraph (1) andParagraph (2) of Article 21 and Paragraph(3) of Article 33 shall be liable to punishment by imprisonment up to a maximum of5 years and a fine up to a maximum Rp.100.000.000,00.
(3) Whosoever, through negligence, violates the provisions pertaining to Paragraph(l) of Article 19 and Paragraph (1) of Article 33 shall be liable to punishment byimprisonment up to a maximum of one yearand 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 anclParagraph (3) of Article 33 shall be Liableto punishment by im prisonment up to a
maximum of one year and a fine of up tomaximum Rp. 50.000.000,00
(5) Actions pertaining to Paragraph (1)and Paragraph (2) shall be regulated 3S aCriminal whereas actions pertaining toParagraph (3) and (4) of this Article sh811be established as a Violation.
CHAPTER XIII
illANSITIONAL PROVISIONS
Article 41
Forest Sanctuary Reserves and NaturalRecreation areas which have been designated and established at the time this acttakes effect shall remain in effect.
Article 42
All other legislation pertaining to the conscrvation of living resources and theirecosystems shall remain in effect. insofaras they do not conflict with this Act.
CIIAIYfER XIV
CONCLUDING PROVISIONS
Article 43
At the time this Act takes effect, the following Legislation shall be abolished;
1. Jachtordonnantie 1931 Staatb lad 1931Nummer 133
222. Dierenbeschcrmingsodonnantie 1931
Staatsblad 1931 Nurnrner 134
3. Jachtordonnantie Java en Madoera1940 Staatsblad 1939 Nummer 733
4. Natuurbescnermmgsorconnantie1941 Staatsblad 1941 Nummcr 167.
Article 44
This Act shall be named as The Act onthe Conservation of Living Resouces.
Article 45
This Act takes effect as of the date of itspromulgation.
In order that the public be informedthereof, it is hereby ordered that this Act bepromulgated by publication in the StateGazette 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 TheRepublic 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 byGod Almighty in the form of natural resources including those on the land, in thewaters, and in the air as a capital base- forall kinds of development. That capital basehas to be protected, maintained, conserved,and utilized in optimal and sustainableform for Indonesian welfare in particular,and the quality of human life, in general.This maintenance and use must be based onassuring, harmony, and the balance ofrelationships between human beings andtheir creator, between human beings andtheir communities, and between humanbeing and their ecosystems. Therefore,management of living resources and theirecosystem as a part of the capital base is anintegral part of national sustainabledevelopment and an implementation ofFive Principles (Pancasila),
Living resources and their ecosystems arethe most important part of natural resources, which consists of fauna, flora, andnatural phenomena, and each individuallyor COllectively, have many functions andadvantages which cannot be replaced.Since they cannot be replaced and have irn-
~ cl
portant positions and significance forhuman life, conservation efforts or theliving resources and their ecosystems is aresponsibility of every generation. Any activity resulting in damage nature reserves,and other conservation areas, or 8ny activity contrary to regulation for conservation of protected plants and animals, willreceive severe punishment either as acriminal sanction or a fine. Sanctions arcnecessary since the damage or extinction of
one living resource element will result ingreat public disadvantages, whereasrecovery to orginal conditions is impossible.
Because of its wide scope and dealing withpublic interest in general, conservation efforts for living resources and their ecosystems arc both <:1 government and a publicresponsibility. Public participation will beinitiated and directed by the governmentthrough effective and efficient activities.To do that. the government 11'1'; to promotepublic education and extension in the context of conservation awareness.
The success of (I program for conservationof living resources and their ecosystems isclosely related to the achievement of threeconservation targets as follows :
1. to guarantee continuation of ecological processes which arc the life support system for continued development andpeople's welfare (life buffer system protection) ;
2. to maintain genetic resources diversityand their ecosystems so as to be able to support development, science, and technologyin order to satisty human needs for utilizing
~5
living natural resources for tbeir welfare(germ plasm resource preservation);
3. to direct methods of utilizing livingnatural resources to assure their sustainability. The consequences of unwiseapplication of science and technology, inharmonious land utilization and uses, andfailure to reach optimal conservation targets both on land and in the aquatic worldcan result to genetic erosion, pollution, anddecreasing living natural resource potential(sustainable utilization).
Since Indonesia is a nation based on law,the management of living resources andtheir ecosystems must have a clear, strongand comprehensive legal basis to assure thelegal aspects of resource management ef
forts.
Currently, the facts indicatc that no StateAct concerning living resources and theirecosystems has been gazetted.
Many kinds or regulation dating from theDutch colonial times no longer correspondto current development and level of need of
Indonesia.
Some chances which relate to government~ ~
role, population growth, science. and thesuccess of development at present, requireState Act concerning living resources andtheir ecosystems which corresponds toaspiration of Indonesia.
Sustainable usc as one aspect of the conservation or living resources and their ccosysterns has not been yet developed consistentwith the need. Likewise, conservationareas management in the form of national
26park, grand forest park, and natural recreation park which integrate the functions oflife support system, preservation of plantand animal species civersity, and their
ecosystems, and sustainable uses, has notbe utilized as much as its need justifies.
Previous national acts related to the conservation of living resources and their ecosystems such as Act No.5 of 1967 concerningBasic Provisions for Forestry, Act No.4 of1982 concerning Basic Provisions for theManagement of The Living Environment,Act No. 20 of 1982 concerning BasicProvisions for the Peaceful Defense of theRepublic of Indonesia that has beenmodified by Act No.1 of 1988, and Act No.9 of 1985 concerning Fishery have neithercompletely regulated nor fully used as alegal basis for further controlling livingresource management.
A comprehensive act concerning theconservation of living natural resources
and their ecosystems is necessary as a legalbasis for regulating the protection of lifebuffer system, the preservation of plant andanimal species and their ecosystems, andthe sustainable use of living resources andtheir ecosystems in order to assure theirutilization for people's welfare and improvement of the quality of life.
This act consists of basic provisions thatcover all aspects of the conservation ofliving resources. and their ecosystems,while the implementations will be regulated by Government Regulations.
27ARTICLE 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 wildlifebut 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
28Recital 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 betaken advantage of, by and for peopleand human welfare consistent withtheir capability and function. However,their utilization must correspond to thisact to assure today's and future sustainable use. Utilization and conserva
tion as stated above mustbe under takenin harmony and balance as a reflectionof the conservation of living resourcesand their ecosystems bases.
Article 3
Living resources are ecosystem elements that can be utilized to improvepeople's welfare and quality of life.However, the balance of ecosystem hasto be quaranted.
Article 4
Since the conservation of livinz rcsour-oces and their ecosystems are very im[Jortant in improving people's welfareand quality of life, the people thernsel-
29vesalso have an obligation and responsibility to promote conservationactivities.
Article 5
The conservation of living naturalresources and their ecosystem is undertaken through three activities :
3. Protection of life support system
Life is a kind of system consistinz ofJ :::>
iruer-dcpcndencies and inter-affectedprocesses which, if they should be terminated, will affect life. In order toavoid unexpected changes whichseverely affect humankind's capabilityto utilize living resources, ecologicalprocesses have to be preserved andprotected. The protection of life sup-.port systems consists of efforts and activities related to protection of watersprings, cliffs, river banks, lakes,preservation of forest hydrologicalfunction, beach protection, watershedmanagement, protection 01 natural uniqueness and scenic beauty, and so on.
b. The preservation of diversity of wildplant and animal species includingtheir ecosystems
Living resources and their ecosystemsconsist of both organism and inorganicelements (both physic and non-physic).
All of these elements are inter-relatedand inter-dependent. The extinction ofone element cannot be replaced byanother. Conservation efforts and activities to assure species diversity coverelements protection to avoid extinction
30
and each of them can be functioned innature, and they can always be utilizedfor people welfare.
The preservation of plant and animalspecies may be undertaken within conservation areas (in-situ conservation) oroutside (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 controllingllimitingliving natural resource and its utilization, so that continuation of the utilization can be undertaken in to thelong-term future.
Article 6
Organic elements are living things including humans, plants, animals, and
micro-organisms. Inorganic elements aresunlight, water, air, and land.
The relationship between organic and inorganic elements has to be in balance as alife support system, and thus it must beprotected.
Article 7
Self-explanatory
Article 8
Paragraph (1)
The protection of life support system is
undertaken by assigning a designated areaas a protected area. To regulate the area,
31the government designates a basic patternfor managing and utilization to assure iL5protection and conservation functions.
Among areas for life support systemprotection 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 tothe legal right holders, however, in implementation of the right, they are subjectto government regulation.
In designating an area as a life supportsystem area, research and inventory are required both for those which have or havenot yet been designated.
Paragraph (2)
In this Government Regulation, it is
necessary to consider the harmonious of interests between rights holders and protection of the life support system.
Article 9
Paragraph (1)
What is meant by concession rights in theaquatic zone is a right granted by thegovernment to utilize the areas naturalresources, both of extractive and non-extractive, but not inculuding an actual claim
to the area.
What is meant by aquatic zone isIndonesia's fresh-water territory, includingdeep waters' (rivers, lakes, reservoirs,swamps, and other still water areas), In-
32Jonesian sea territory, and IndonesianEconomic Exclusive Zone.
Paragraph (2)
Self-explanatory
paragraph (3)
Included in the definition of regulatingland utilization and management, andaquatic zone concession rights is cancellation of land which must be undertakenbased on current regulation. In C3Se of landrights cancellation, the rights holder will becompensated based on current regulations.
Article 10
Life support system areas that have oeendegraded due to natural processes such asland slides, erosion, fire, and earthquake, ordue to unwise human utilization, or otherreasons must be rehabilitated to regain theirfunction.
In this rehabilitation, people, particularlythose who have rights over the areas, haveto be involved.
Article 11
What is meant by preservation here is aneffort to preserve plant and animal speciesdiversity and their ecosystems from extinction.
Preservation outside assigned areas covers
controlling permitted activities on plantsand animals as regulated under Article 20to Article 25 in this Act.
The arrangement outside assigned areas
33takes the form of plant and animal species
preservation.
Preservation within conservation areas isundertaken in the form of nature reservesand core zone of national park.
Article 12
Preservation efforts of plant and anim..species diversity centers on the strict naturereserve, based on its main function topreserve plants and animals species andtheir ecosystems, so that its complexity andintegrity have to be protected from anythreats, in order to assure protection of itsnatural 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 government responsibility as a consequence ofgovernment control of natural resources
34stated 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 landswhose 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 managementmethods 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 activities 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 toprovide an area for research, science, and
education, as well as for observing and
35evaluating 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 conservation network.
However, the government retain fullauthority on deciding research, science,and education activities, as well as obser
ving and evaluating the changes within thereserve.
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 thearea aimed at promoting the animals' op
portunities to survive and to grow in their
nature habitats. Example of the activitiesare 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 animalspecies which are never found in the area.
Article 20
Paragraph (1)
36In order to preserve various species,
protected plant and animal species aredesignated.
The objective ofplant and animal speciesprotection is to protect such plants andanimals from extinction.
The designation may be modifiedanytime depending upon its necessitywhich in turn is based on the danger levelof the species necessity.
Paragraph (2)
Endangered plant and animal speciescover plants and animals that are almost extinct and moving toward extinction. Endemic plant and animal species are plantand animal species whose distribution arelimited, whereas endangered plant andanimal species are those whose populationare very small and whose breeding are veryslow due to habitat effects or their ecosystem.
Scarce plant and animal species meansthat their population are small or scarce sothat their breeding are extremely difficult.
Paragraph t3)
Self-explanatory
Article 21
Paragraph (1)
Seh . rplanatory
Paragraph (2)
Self-explanatory
'37Article 22
Paragraph (1)
What is meant by plant and animalspecies rescue is a necessary: rescue activitywhenever, in certain conditions, the survival of those plant and animal species is injeopardy and if they are still in their habitateither in country or abroad.
Paragraph (2)
What is meant by grant or exchange ofplants and animals to another party abroadis limited exchange between institutions related to plant and animal conservation, andgifts from the government.
Paragraph (3)
Dangerous here does not mean only actually harming human life but also createthreats or uncomfortable condition forhumans life, or material disadvantagessuch as damaged land or plants or agricul
tural products.
Paragraph (4)
In the subsequent government regulation, some methods will be provided formanaging danger, living capture, drivingand trans locating the animals, whileelimination will only be undertaken if othermethods are not effective.
Article 23
Paragraph (1)
What is meant by whenever necessary isfor plant and animal species collections forzoological garden, safari park, and plantsand animals species improvement.
38Bringing in plant and animal species into
the Republic of Indonesia's territory has tobe regulated in order to avoid genetic pollution and to assure existing ecosystemsstability to optimize uses for Indonesia.
Paragraph (2)
Self-explanatory
Article 24
Paragraph (1)
What is meant by being taken for thestate is that beside being taken as regulated
in Act No.8 of 1981 concerning criminallaw, authority is also delegated to an official assigned by the government to manageand save the plants and animals before thecourt process is held.
Paragraph (2)
Protected plants and animals must beprotected in their habitats. Therefore, confiscated plants and animals must bereleased to their habitats. If releasing to itshabitats is not possible since the animal orplant is no longer adapted to its habitat condition and/or it will be used asa proof in thecourt, the plant or animal may be stored in
institution for plant and animal conservation.
If its condition is really poor such asdamaged, defective, and it is not possiblefor it to be kept living, it is better for it tobe destroyed.
Organizations in this paragraph may begovernment or non government organizations, for example, zoological garden,
39botanical garden, herbarium, safari parkand others which are designated by thegovernment.
Article 25
Paragraph (1)
See explanation of Article 24 paragraph (2)
Paragraph (2)
Self-explanatory
Article 26
'What is meant by environmental condition is the characteristic substance of anarea in the form of its ecosystem, climate,natural phenomena, plant and animal uniqueness, and cultural heritages in the area.
Article27
Self-explanatory
Article28
Self-explanatory
Article 29
Paragraph (1)
The area of national park, grand forestpark, and nature park cover lands andaquatic zones.
Paragraph (2)
See explanation of Article 16 Paragraph (2)
Article 30
Self-explanatory
40Article 31
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory
Article 32
What is meant by a core zone is a part ofa national park which has to be strictlyprotected and any changes due to humanactivities are not permitted.
What is meant by utilization zone is apart of a national park which can bedeveloped as a recreation center and atourist destination.
What is meant by other zones are zonesother than these two which due to theirfunction and condition may be assigned aswilderness 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
41manegernent is a government respon-sibility as a consequence of governmentcontrol of natural resources as stated in Article 33 Constitution of 1945.
In implementation activities to manage
utilization zones of national parks, grandforest parks, and natural recreation parks,the government may grant rights tocooperatives, government owned companies, private companies, and individuals.
Paragraph (2)
Self-explanatory
Paragraph (3)
The definition of public involvementhere, is to provide chances for surroundingpeople to do business.
Paragraph (4)
Self-explana tory
Article 3S
What is meant by under certain conditions and really necessary is the conditionor situation which might occur in natureconservation areas due to natural disasters(volcanic eruption, released poisoninggases, danger of fire), and destruction dueto consecutive utilization that may harmvisitors or plants and animals life.
Article 36
Paragraph (1)
Utilization of plant and wildlife speciesmust be undertaken in consideration of thebalance of population and its habitat.
42
Paragraph (2)
Self-explanatory
Article 37
Paragraph (1)
Public participation may be by individuals and groups of people whether organized or not. Through extension, thegovernment has to direct and to mobilizethe people by involving groups of people inorder to make people actively participate inthe conservation of living natural resources.
Paragraph (2)
In order to initiate and to improve conservation awareness among people, understanding and motivation aboutconservation has to be started. as early aspossible through elementary school andout- of-school channels.
Paragraph (3)
Self-explanatory
Article 38
Paragraph (1)
Central government may not onlydelegate certain elements of the authorityin the conservation of living natural resources and their ecosystem's to local government, but may also assign provincialgovernment to deal with these elementsassupporting task.
Paragraph (2)
Self-explanatory
43Article 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 of1941 State Gazette of. 1941 No. 167(Natuurbeschermingsordonantie 1941Staatsblad 1941 Numrner 167)and Act No.5 of 1967 concernig Basic Provisions forForestry, nature reserve and forest parkhave been regulated. By gazetting this act,nature reseve and forest park are considered as have been regulated.
44Article 42
Self-explanatory
Article 43
Self-explanatory
Article 44
Self-explanatory
Article 45
Self-explanatory
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