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Regulation Of The Minister Of Forestry Number P. 20/menhut-Ii/2012 Year 2012

Original Language Title: Peraturan Menteri Kehutanan Nomor P.20/MENHUT-II/2012 Tahun 2012

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STATE NEWS
REPUBLIC OF INDONESIA

No. 458, 2012

ORDINANCE MINISTER OF THE REPUBLIC OF INDONESIA
NUMBER P. 20 /MENHUT-II/2012
ABOUT
HOSTING THE FOREST CARBON

WITH THE GRACE OF THE ALMIGHTY GOD

MINISTER OF FORESTRY REPUBLIC OF INDONESIA,

Weigh: a. that in order to host the foresight for the prosperity of the righteous and sustainable people in accordance with Article 3 of the Law No. 41 of 1999 on Forestry one through the optimization of the forest functions for the achieve a balanced and balanced environment, social, cultural and economic benefits;
B. that optimizing forest function is a mitigation effort of global climate change through its role as a reduction in forest carbon emissions, the absorption of CO2 of the atmosphere and maintenance of carbon supplies;
c. that under consideration as referred to in letter a and letter b, need to establish the Minister of Forestry ' s Ordinance on the Smuggling Of The Forest of the Forest;

Given: 1. Law No. 5 Year 1990 on Conservation of Natural Resources Hayati and Ekosystem (Sheet State Of The Republic Of Indonesia 1990 Number 49, Additional Sheet Of State Republic Of Indonesia Number 3419);
2. Law Number 6 of 1994 on Unrest United Nations Framework Convention on Climate Change (United Nations Framework Convention On Climate Change) (State Sheet of the Republic of Indonesia 1994 No. 42, Indonesia's Republic of Indonesia Number 3557);
3. Law No. 32 Year 2009 on the Protection and Management Of The Environment (sheet Of State Of The Republic Of Indonesia In 2009 Number 140, Additional Gazette Of The Republic Of Indonesia Number 5059);
4. Act No. 41 of 1999 on Forestry (sheet state of the Republic of Indonesia Year 1999 Number 167, Additional Gazette Republic of Indonesia Number 3888) as amended by Law No. 19 of 2004 on Redemption Rule Number 1 of the Year 2004 Act on Change of the Act 1999 Number 41 became an Act (Gazette of the Republic of Indonesia 2004 No. 86, Additional Gazette of the Republic of Indonesia No. 4412);
5. Law No. 17 Year 2004 on the Unrest Kyoto Protocol to The United Nations Framework Convention on Climate Change (the Kyoto Protocol on the Framework Convention of the United Nations Framework Convention on Climate Change) (State of the Republic of Indonesia in 2004 Number 72, Additional Gazette of the Republic of Indonesia No. 4403);
6. Government Regulation No. 6 Year 2007 on Tata Forest and Drafting Forest Management Plan, as well as Forest utilization (Republic of Indonesia Gazette 2007 No. 22, Additional Gazette Republic of Indonesia Number 4696) as has been amended by Regulation of the Government of the Year 2008 Number 3 (Indonesian Republic of Indonesia 2008 Number 16, Additional Sheet of State of Indonesia No. 4814);
7. Presidential Regulation No. 32 Year 2011 on Masterplan Peraccelerating and Enlargement of the Indonesian Economic Development 2011-2025;
8. Presidential Regulation Number 61 Year 2011 on the National Action Plan Decline of the Glass House Gas Emissions;
9. Presidential Regulation No. 71 of 2011 The Sponsorship Inventory of the National Greenhouse Gas;
10.Regulation Minister Forestry Number P. 14/Menhut-II/2004 on the Order of Aforestation and Reforestation in the Framework of the Clean Development Mechanism;
11. Forest Minister Regulation No. P. 68/Menhut-II/2008 on Hosting Demonstration Activities Reduction Of Carbon Emissions from Deforestation and Forest Degradation (Republic of the Republic of Indonesia News 2008 Number 94):
12. Forest Minister Regulation No. P. 30/Menhut-II/2009 on the Reduction of Carbon Emissions From Deforestation And Forest Degradation (Indonesian Republic Of Indonesia News 2009 Number 88);
13. Forest Minister Regulation Number P. 36/Menhut-II/2009 on the Licensing Efforts Utilization Utilization and/or Carbon Storage In the Production Forest and the Lindung Forest (Republic of the Republic of Indonesia News 2009 Number 128);
14. Regulation Minister of Forestry Number P. 40/Menhut-II/2010 on the Organization and Work Order of the Ministry of Forestry (Indonesian Repubic State News 2010 Number 405);

DECIDED:

Establish: REGULATION OF THE MINISTER OF FORESTRY ON THE HOSTING OF THE FOREST CARBON.

BAB I
UMUM PROVISIONS

Section 1
In Regulation of the Minister this is referred to:
1. Carbon forest is the carbon of forest management that applies storage activities (stock) of carbon, carbon absorption and the decline of forest carbon emissions.
2. Demonstration activitiesis the testing and development activities of methodological, technological and forest-carbon management institutions in the framework of the readiness phase.
3. The implementation of forest carbon activities is an activity undertaken for the decline in forest carbon emissions, increased carbon deposits (carbon stock), carbon absorption (sequestration), and its transformation into a stored solid carbon in living biomes, the organic matter is dead, and the soil carbon, as well as maintaining the balance of solid carbon amounts in the forest.
4. Pemrakarsa is an individual, an institution carrying out activities related to the carbon of the forest.
5. Partner is the government, international, private and individual body that has the ability to fund demonstration activities and implementation.
6. The forest-carbon organizers are the institutions that perform the carbon management of forests.
7. Forest-carbon hosting permit is a permit granted by the Minister of Forestry to conduct forest management implementing the storage activities (stock) carbon, carbon absorption and reduction of forest carbon emissions are good at In the forest and in the forest.
8. Minister is the Minister in charge of the forestry field.
9. The related Director General is the Director General who has duties and functions in accordance with the substance of the activities of demonstrations activities and its implementation.

BAB II
INTENT AND PURPOSE

Section 2
(1) The intent of hosting carbon is the setting of a basic principle in the implementation of activities related to forest carbon.
(2) The purpose of hosting the forest carbon is to realize the optimization of the host of forest carbon in the course of the stewardcity of the sustainable society of the welfare of the prosperous people.

BAB III
THE BASIC PRINCIPLE

The Kesatu section
Hosting The Forest Carbon

Section 3
(1) The forest carbon cover includes:
a. Demonstration activities;
B. The implementation of the forest's carbon activities.
(2) The forest carbon activity may be a storage and/or carbon absorption, consisting of:
a. Nursery, planting, forest maintenance and land and forest harvesting that apply the principle of sustainable management;
B. An extension of the flying cycle on and/or the enrichment of the lumber utilization permit for the wood forest results;
C. Protection, security in the area of attempted use of wood forest products;
D. Biodiversity protection;
e. Forest management of sustainable sheltered forests;
f. Conservation forest management;
(3) The forests of forest carbon may be performed at:
a. Forest of the country with the following functions:
1. Forest production;
2. Forest sheltered;
3. Forest conservation;
B. The forest rights/forest of the people
(4) The forest carbon organizers are:
a. Government;
B. State/Daerah/Swasta; Entity Entity
C. Cooperative;
D. Society.
(5) The forests of forest carbon are also preferred to encourage the improvement of community empowerment in and out of the forest area.
The Second Part
Activity criteria Demonstration Activities

Section 4
(1) The activity Criteria demonstration activities is as follows:
a. Build up the process of creating or refining the technical standard of measurement, standard implementation, and reporting of the measurement results.
B. Facilitation of the Cloud Service is subject to the terms and terms of the IBM International Transaction Service ("IBM International"). C. Forest carbon activity must be applied (workable), replicating on a wider scale, and continuous after demonstration activites ends.
(2) The Pemrakarsa applied for the written request of demonstration activities to the Minister, by attaching it:
a. The design of demonstration activities which is material between other status and location map of the prospective location, form and length of time of cooperation, estimated activity value, and risk management.
B. In the event of a picker is a person whose breeding is derived from its own funds (swadana), it is required to attach a statement of willingness to finance the implementation of demonstration activities.
C. In terms of assemblies working with partners and all or part of its celebration is sourced from a partner, then the assemblies are required to attach a document of cooperation.
(3) The Minister assigned the Director General regarding to conduct the assessment of demonstration activities as referred to in paragraph (2).
(4) The assessment of the demonstration activities as referred to in paragraph (3) is coordinated by the Chair of the Climate Change Working Group of the Ministry of Forestry.
(5) Pemrakarsa demonstration activities perform measurement, monitoring, reporting and evaluation, and reporting periodically to the Minister through the Secretary General.

The Third Part
Implementation Of Forest Carbon Hosting

Section 5
Forest carbon implementation criteria:
a. The clarity of carbon organizers;
B. Areal clarity.

Section 6
(1) In terms of Pemrakarsa demonstration activities will perform the implementation of a forest carbon hosting, it is required to obtain the Forest Carbon Hosting Permit from the Minister.
(2) The Minister assigned the Director General regarding to conduct the assessment of demonstration activities as referred to in paragraph (1).
(3) The assessment of the demonstration activities as referred to in paragraph (2) is coordinated by the Chair of the Climate Change Working Group of the Ministry of Forestry.
(4) The forest carbon organizers that are from staging through demonstration activitiesand the new hosting without via demonstration activities, are as follows:
a. resource utilization permit holder of the natural forest forest;
B. utilization permit holder of the plant forest forest result;
c. Licensee ' s utilization of wood forest results permit restoration of the ecosystem;
D. utilization permit holder of the forest wood forest results of the folk plant;
e. correctional forest utilization permit;
f. village forest management permit;
G. non-timber forest result utilization permit;
h. the business permit holder of the provision of natural travel services;
i. environment service utilization permit;
J. Forest/forest product utilization permit/environmental services in protected forest;
No, conservation forest maintainer;
I. the management of the production forest management unity;
M. the maintainer of the protected forest management;
N. the customary forest maintainer;
O. The owner/owner of the forest rights.

Section 7
(1) The hosting permit of the forest carbon is integrated with the permission attached to forest utilization/results.
(2) Hosting of forest carbon is done through the Governing Permit of Carbon Forest.
(3) The permit of the establishment of a forest carbon in the management of a production forest or a protected forest can be provided along the area of the management of the forest has not been encumbered by any permits.
(4) The permit for the hosting of the forest for protected forest areas and/or forest areas of unburdened production is in the form of an attempt to utilize absorption and/or carbon storage.
(5) The required rights of the forest shall be required to submit a license to the Minister for the forest of the forest.
(6) The granting of forest carbon hosting permits in forest rights and forest areas, is further regulated by the Minister's Ordinance.

Section 8
(1) The licensee of the host of the forest can be able to trade the forests of the forest on their own and/or own regions with the results of the forest that it cultivated.
(2) Carbon forest traded on the domestic forest carbon market as well as the international forest carbon market both voluntary and binding markets, is the forest carbon that has obtained the certificate according to the terms of the applies to the carbon trading market.
(3) Carbon-traded carbon is the difference between a potential forest carbon potential in a given year with the initial potential of forest carbon (baseline), and/or maintaining and/or securing the stock of forest carbon.
(4) The forest carbon trade show as referred to in verse (4) is set in its own hands with the Regulation of the Minister.
(5) In order to meet Indonesia's emissions reduction commitment target, the forest buyers of forest carbon from other countries have a maximum carbon emission decrease rate of 49%.
(6) In order to increase the potential of a carbon-carbon addition, the holder of a forest-carbon holding permit is required to keep the forest potential in the area of its work from forest damage, forest fires, forest encroachment, and not doing the harvesting The forest excessively, as well as doing the steely management of the forest.

BAB IV
THE RIGHTS AND OBLIGATIONS OF THE FOREST CARBON ORGANIZERS

Section 9
(1) The forest carbon organizers have the right:
a. Manage activities related to the hosting of the forest carbon during the term of its marbles;
B. Trading and/or not trading the carbon-carbon that it's in.
(2) The forest carbon organizers have an obligation:
a. Conducting carbon management in accordance with the principle of hosting the forest carbon;
B. Monitor, evaluate and report on periodically the results of the forest carbon hosting activities to the Minister.

Section 10
(1) The government gains state revenue instead of the tax of the forest ' s carbon trade activities.
(2) The determination of value and allocation of the benefit distribution of state income is not a tax on the carbon trade of forests, governed by laws.

BAB V
COACHING AND SUPERVISION

Section 11
(1) The Minister is obliged to conduct coaching, supervision, monitoring control, evaluation and supervision of the activities of the hosting of carbon forests.
(2) Coaching, supervision, control, monitoring, evaluation, and supervision as referred to in paragraph (1) is conducted by the Secretary General.
(3) The Director General of Planology of Forestry establishes the national level MRV system.
(4) Secretary General, Director General of Bina Forestry Efforts, Director General of Bina Management Area and Social Forestry, and Director General of Forest Protection and Conservation of Nature, conducting technical coaching on management Forest carbon.
(5) The Research and Development Agency of Forestry conducts the development of basic and applied science and technology related to the hosting of forest carbon.
(6) The Preservation and Development Agency of the Forestry Human Resource conducts counseling and increases in the capacity of human resources hosting the forest carbon.

BAB VI
THE TRANSITION PROVISION

Section 12
(1) The demonstration of the demonstration activities activities that have existed before the regulation is promulred, is required to register its work area and report the activities of demonstration activitiesperiodically to the Minister.
(2) The perpetrator of the aforestment and reforestation activities in the framework of the clean development mechanism, is in accordance with the provisions in Article 6 of the paragraph (4) of this Regulation.
(3) The criteria and indicators of demonstration activities, is in accordance with the provisions in Article 4 of this Regulation.
(4) With the enactment of this Regulation, then:
a. The provisions of Article 3 and Section 4 of the paragraph (1) and Article 5 of the Regulation of the Minister of Forestry Number P. 14/Menhut-II/2004 on the Order of the Aforestations and Reforestation of the Clean Development Mechanism Framework;
B. The provisions of Article 5 of the paragraph (2), Section 5 of the paragraph (4), and Article 5 of the paragraph (5) of the Ordinance of the Minister of Forestry Number P. 68/Menhut-II/2008 on the Host demonstration of the Activities Reduction of Carbon emissions from Deforestation and Degradation Of Forests;
C. The provisions of Article 14 paragraph (1) letter b of the Ordinance of the Minister of Forestry Number P. 30/Menhut-II/2009 on the Order of the Reduction of Emissions of Deforestation and Degradation Of Forests (REDD);
declared not applicable.
(5) At most (one) of the year other provisions that have been previously related to the carbon of the forest, are required to conform to this Regulation.

BAB VII
CLOSING PROVISIONS

Section 13
The Minister ' s rules are in effect since the date of the invitation.

In order for everyone to know, ordered the invitational of the Minister of Forestry Ordinance with its placement in the News of the Republic of Indonesia.

Set in Jakarta
on April 23, 2012
REPUBLIC OF INDONESIA FORESTRY MINISTER,

ZULKIFLI HASAN
Promulgated in Jakarta
on April 26, 2012
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN