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PRESIDENT OF

THE REPUBLIC OF INDONESIA

INDONESIAN GOVERNMENT REGULATION


NUMBER 71 OF 2014
CONCERNING
PROTECTION AND MANAGEMENT OF PEATLAND ECOSYSTEMS

BY THE GRACE OF GOD ALMIGHTY

PRESIDENT OF THE REPUBLIC OF INDONESIA,

Considering : that in order to implement the provisions of Article 11, Article 12, Article 21
paragraph (3) point (f) and (5), Article 56, Article 57 paragraph (5), Article 75,
and Article 83 of Act Number 32 of 2009 on Environmental Protection and
Management, it is necessary to establish Government Regulation on the
Protection and Management of Peatland Ecosystems;
In view of : 1. Article 5 paragraph (2) of the 1945 Constitution of the Republic of
Indonesia;
2. Act Number 32 of 2009 on the Environmental Protection and Management
(State Gazette of the Republic of Indonesia of 2009 Number 140,
Supplement to State Gazette of the Republic of Indonesia Number 5059);
DECIDED
To stipulate : THE GOVERNMENT REGULATION CONCERNING PROTECTION AND
MANAGEMENT OF PEATLAND ECOSYSTEMS

CHAPTER I
GENERAL PROVISIONS
Article 1
In this Government Regulation:
1. Protection and Management of Peatland Ecosystems is a systematic and integrated effort
made to preserve the functions of Peatland Ecosystems and prevent damage to them
through planning, utilization, control, maintenance, monitoring, and law enforcement.
2. Peat is an organic material formed naturally from the remains of plants decomposed
imperfectly and accumulating in the swamp.
3. Peatland Ecosystem is the order of Peat elements constituting a single complete entity,
influencing each other in the form of balance, stability, and productivity.
4. Peatland Hydrological Entity is a Peatland Ecosystem located between two (2) rivers,
between the river and the sea, and/or in the swamp.
5. Minister is the minister in charge of governmental affairs in the field of environmental
protection and management.

Article 2
(1) This environmental protection and management shall include that provided for the
ecosystems of:
a. land for biomass production;
b. coral reef;
c. mangrove;
d. seagrass bed;
e. Peatland;
f. karst; and/or
g. others classified as such according to the advancement of science and knowledge.
(2) This government regulation shall only regulate Peatland Ecosystem Protection and
Management.
(3) Provisions on the protection and management of ecosystems as referred to in paragraph
(1) points (a), (b), (c), (d), (f), and (g) shall be regulated in a separate government
regulation.
Article 3
Peatland Ecosystem Protection and Management as referred to in Article 2 paragraph (2)
shall include:
a. planning;
b. utilization;
c. control;
d. maintenance;
e. monitoring; and
f. administrative sanction.

CHAPTER II
PLANNING
First Section
General

Article 4
The Planning of Peatland Ecosystem Protection and Management shall be made through such
stages as:
a. Peatland Ecosystem inventory;
b. Peatland Ecosystem function determination; and
c. Peatland Ecosystem Protection and Management plan drafting and stipulation.

Second Section
Peatland Ecosystem Inventory

Article 5
(1) The Peatland Ecosystem inventory as referred to in Article 4 point (a) shall be performed
by means of:
a. satellite image; and/or
b. aerial photograph.
(2) The implementation of inventory as referred to in paragraph (1) shall be performed in
consideration of the map indicating national Peatland Ecosystem distribution contained
in the Appendix, which forms an integral part of this Government Regulation.
(3) The Peatland Ecosystem inventory as referred to in paragraph (1) shall be performed by
the Minister.

Article 6
(1) The satellite image and/or aerial photograph as referred to in Article 5 paragraph (1)
shall be interpreted through the following stages:
a. delineating the satellite image and/or aerial photograph, which have been
radiometrically and geometrically corrected to determine the position and borders of
the Peatland Hydrologic Entity; and
b. placing the result of satellite image and/or aerial photograph delineation into the
tentative map of Peatland Ecosystem Hydrological Entity at a minimum scale of
1:250,000.
(2) The result of satellite image and/or aerial photograph interpretation as referred to in
paragraph (1) shall be verified by field survey activity.
(3) The field survey as referred to in paragraph (2) shall be made for verifying:
a. the presence of Peatland Hydrological Entity; and
b. the Peatland Ecosystem characteristics.
(4) The result of verification as referred to in paragraph (3) shall be evaluated to obtain a
final map of Peatland Hydrologic Entity.
(5) The final map of Peatland Hydrological Entity as referred to in paragraph (4) shall be
presented at a minimum scale of 1:250,000.

Article 7
(1) The final map of Peatland Hydrological Entity should at least contain data and
information on:
a. location, presence, and area of Peatland Hydrological Entity;
b. physical, chemical, and biological characteristics, hydrotopography, and sediment
type underneath the Peat which include:
1. point location or coordinate;
2. land elevation;
3. groundwater, inundation, or flooding;
4. land cover, land use, and their conditions;
5. existence of protected flora and fauna;
6. natural and artificial drainage conditions;
7. water quality;
8. overflow type;
9. Peat thickness;
10. Peat material weight proportion;
11. Extent or damage level of Peat;
12. substratum characteristics beneath the Peat layer; and
13. land characteristics and pyrite layer depth.
(2) The final map of Peatland Hydrological Entity as referred to in paragraph (1) shall be
used as a reference to determine the function of Peatland Ecosystems.

Article 8
Further provisions on the implementation procedure of Peatland Ecosystem inventory shall
be governed by a Ministerial Regulation.

Third Section
Peatland Ecosystem Function Determination

Article 9
(1) The Peatland Ecosystem function determination as referred to in Article 4 point (b) shall
be made by the Minister upon coordination with:
a. the minister in charge of government affairs in the field of forestry and the one in
charge of government affairs in the field of water resource and spatial zoning, in case
the Peatland Ecosystems to be determined are located within a forest area; and
b. the minister in charge of government affairs in the field of water resource and spatial
zoning, in case the Peatland Ecosystems to be determined are located outside a forest
area.
(2) The Peatland Ecosystem function as referred to in paragraph (1) shall include:
a. Peatland Ecosystem protective function; and
b. Peatland Ecosystem cultivating function.
(3) The Minister shall be required to determine the Peatland Ecosystem protective function
area of at least thirty percent (30%) of the total Peatland Hydrological Entity area,
located at the Peat dome peak and surrounding area.
(4) In case, more than thirty percent (30%) of total Peat Hydrological Entity area as referred
to in paragraph (3) there remains:
a. Peat at three meters (3m) or more in thickness;
b. specific and/or endemic germ plasm;
c. protected species in accordance with the regulations of law; and/or
d. Peatland Ecosystems located within the protection area as determined in a regional
spatial zoning plan, protected forest area, and conservation forest area,
the Minister shall determine them to be Peatland Ecosystem protective function areas.
(5) The Peatland Hydrological Entity area as referred to in paragraphs (3) and (4) shall be
based on the final map of Peatland Hydrological Entity as referred to in Article 7.
(6) In case the Peatland Ecosystems do not meet the provisions as referred to in paragraphs
(3) and (4), the Minister shall determine them to be Peatland Ecosystem cultivating
function areas.

Article 10
(1) The Peatland Ecosystem function areas determined by the Minister to be Peatland
Ecosystem protective and cultivating function areas as referred to in Article 9 shall be
presented in the form of a Peatland Ecosystem function map.
(2) The Peatland Ecosystem function map as referred to in paragraph (1) shall consist of:
a. a national Peatland Ecosystem function map presented at a minimum scale of
1:250,000;
b. a provincial Peatland Ecosystem function map presented at a minimum scale of
1:100,000;
c. a regency1/municipal Peatland Ecosystem function map presented at a minimum scale
of 1:50,000.

Article 11
(1) Any Peatland Ecosystems with cultivating function 2 can be changed into Peatland
Ecosystems with protective function.3


1
Translators note: Indonesias administrative divisions include provinces, regencies and municipalities. A
regency, under the authority of a regent, is equivalent to a district.
2
Translators note: i.e., Peatland that has a production function, i.e. that can be exploited for business or other
activity. Contrasting with peatlland with a protection function, i.e. the function of which is to protect a natural
resource.
3
i Translators note:.e., protected Peatland, peatland that needs to be part of a protected area.
(2) Such change of Peatland Ecosystem function as referred to in paragraph (1):
a. shall be performed by the Minister; or
b. shall be based on the governor or regent/mayor's proposal according to their authority.
(3) Such change of Peatland Ecosystem function as referred to in paragraph (1) can be made
in the event:
a. the Peatland Ecosystems meet the provisions as referred to in Article 9 paragraph (4)
points (c) and (d);
b. an ecological urgency prevent environmental damage or make recovery efforts to
and/or around the Peatland Ecosystems occur; and/or
c. an ecological urgency to make Peatland Ecosystem reservation efforts in a province or
regency/municipality occurs.
(4) The Peatland Ecosystem function change as referred to in paragraphs (1) and (2) shall be
determined by the Minister upon coordination with:
a. the minister in charge of government affairs in the field of forestry and the one in
charge of government affairs in the field of water resource and spatial zoning, in case
the Peatland Ecosystem function change to be determined is located within a forest
area;
b. the minister in charge of government affairs in the field of water resource and spatial
zoning, in case the Peatland Ecosystem function change to be determined is located
outside a forest area; and
c. the governor and/or regent/mayor according to their authority.
(5) In performing the coordination as referred to in paragraph (4), the Minister may establish
a study team for Peatland Ecosystem function change.
(6) Further provisions on the procedure to establish a study team for Peatland Ecosystem
function change and the procedure to propose a Peatland Ecosystem function change by
the governor or regent/mayor shall be governed by a Ministerial Regulation.

Article 12
Any Peatland Ecosystems determined to be protective or cultivating function areas shall be
used as materials in the drafting and review of the regional spatial zoning plan together with
the detailed plan.

Article 13
Further provisions on the procedure to determine Peatland Ecosystem function shall be
governed by a Ministerial Regulation upon coordination with relevant minister(s).

Fourth Section
Peatland Ecosystem Protection and Management Plan Drafting and Stipulation

Article 14
(1) The Peatland Ecosystem Protection and Management plan drafting as referred to in
Article 4 point (c) shall include:
a. a national Peatland Ecosystem Protection and Management plan;
b. a provincial Peatland Ecosystem Protection and Management plan; and
c. a regency/municipal Peatland Ecosystem Protection and Management plan.
(2) The national Peatland Ecosystem Protection and Management plan as referred to in
paragraph (1) point (a) shall be drafted for cross-province Peatland Ecosystem Protection
and Management.
(3) The provincial Peatland Ecosystem Protection and Management plan as referred to in
paragraph (1) point (b) shall be drafted for Protection and Management of Peatland
Ecosystems located within provinces.
(4) The regency/municipal Peatland Ecosystem Protection and Management plan as referred
to in paragraph (1) point (c) shall be drafted for Protection and Management of Peatland
Ecosystems located within regencies/municipalities.

Article 15
(1) The national Peatland Ecosystem Protection and Management plan as referred to in
Article 14 paragraph (1) point (a) shall be drafted based on the national Peatland
Ecosystem function map as referred to in Article 10 paragraph (2) point (a).
(2) The provincial Peatland Ecosystem Protection and Management plan as referred to in
Article 14 paragraph (1) point (b) shall be drafted based on:
a. the national Peatland Ecosystem Protection and Management plan as referred to in
paragraph (1); and
b. the provincial Peatland Ecosystem function map as referred to in Article 10
paragraph (2) point (b).
(3) The regency/municipal Peatland Ecosystem Protection and Management plan as referred
to in Article 14 paragraph (1) point (c) shall be drafted based on:
a. the national Peatland Ecosystem Protection and Management plan as referred to in
paragraph (1);
b. the provincial Peatland Ecosystem Protection and Management plan as referred to in
paragraph (2); and
c. the regency/municipal Peatland Ecosystem function map as referred to in Article 10
paragraph (2) point (c).

Article 16
(1) The national Peatland Ecosystem Protection and Management plan as referred to in
Article 15 paragraph (1) shall be drafted and stipulated by the Minister upon
coordination with:
a. the minister in charge of government affairs in the field of forestry; and
b. the minister in charge of government affairs in the field of water resources and
spatial zoning.
(2) The provincial Peatland Ecosystem Protection and Management plan as referred to in
Article 15 paragraph (2) shall be drafted and stipulated by the governor.
(3) The regency/municipal Peatland Ecosystem Protection and Management plan as referred
to in Article 15 paragraph (3) shall be drafted and stipulated by the regent/mayor.
(4) The stipulation of Peatland Ecosystem Protection and Management plan by a governor
or regent/mayor as referred to in paragraphs (2) and (3) should obtain prior technical
recommendation from the Minister.

Article 17
(1) The Peatland Ecosystem Protection and Management plan should at least contain a plan
for:
a. Peatland Ecosystem utilization and/or reservation;
b. Peatland Ecosystem quality and/or function maintenance and protection;
c. control, monitoring, and empowerment and conservation of Peatland Ecosystems;
and
d. adaptation to and mitigation of climate change.
(2) The Peatland Ecosystem Protection and Management plan as referred to in paragraph (1)
should consider:
a. character diversity and ecological function;
b. population distribution;
c. potential natural resources distribution;
d. local wisdom;
e. public aspiration;
f. climate change; and
g. regional spatial zoning plan.
(3) The Peatland Ecosystem Protection and Management plan forms a part of the
environmental protection and management plan.

Article 18
(1) In case Peatland Ecosystems with cultivating function are changed into Peatland
Ecosystems with protective function as referred to in Article 11, the Peatland Ecosystem
Protection and Management plan which has been stipulated as referred to in Article 16
should be changed.
(2) The change in Peatland Ecosystem Protection and Management plan made by a governor
or regent/mayor should obtain technical recommendation from the Minister.

Article 19
Further provisions on the procedure to draft, stipulate, and change a Peatland Ecosystem
Protection and Management plan shall be governed by a Ministerial Regulation upon
coordination with relevant minister(s).

CHAPTER III
UTILIZATION
Article 20
(1) The Peatland Ecosystem utilization shall be performed based on the national, provincial,
and regency/municipal Peatland Ecosystem Protection and Management plans as referred
to in Article 16.
(2) The Peatland Ecosystem utilization as referred to in paragraph (1) can be applied to
Peatland Ecosystems with both protective function and cultivating function.
(3) The Peatland Ecosystem utilization as referred to in paragraph (2) shall be required to be
performed by maintaining the Peat hydrologic function.

Article 21
(1) Peatland Ecosystems with protective function as referred to in Article 20 paragraph (2)
may be utilized in a limited fashion for activities in such fields as:
a. research;
b. science and knowledge;
c. education; and/or
d. environmental service.
(2) Peatland Ecosystems with cultivating function may be utilized for all activities as per the
Peatland Ecosystem Protection and Management plan.

CHAPTER IV
CONTROL
First Section
General

Article 22
(1) The Peatland Ecosystem damage control shall be performed based on the national,
provincial, and regency/municipal Peatland Ecosystem Protection and Management plans
as referred to in Article 16.
(2) The Peatland Ecosystem damage control shall consist of:
a. Peatland Ecosystem damage prevention;
b. Peatland Ecosystem damage response; and
c. Peatland Ecosystem damage recovery.

Second Section
Peatland Ecosystem Damage Prevention;

Article 23
(1) Peatland Ecosystem damage may occur to:
a. Peatland Ecosystems with protective function; and
b. Peatland Ecosystems with cultivating function.
(2) Peatland Ecosystems with protective function shall be declared damaged if the damage
standard criteria are exceeded as follows:
a. an artificial drainage exists in the predetermined Peatland Ecosystems with protective
function;
b. pyrite and/or quartz sediments beneath the Peat layer are exposed; and/or
c. land cover area and/or volume in the predetermined Peatland Ecosystems with
protective function are reduced.
(3) Peatland Ecosystems with cultivating function shall be declared damaged if meeting the
damage standard criteria as follows:
a. the ground water level in the Peatland is greater than zero point four meter (0.4m)
beneath the Peat surface; and/or
b. pyrite and/or quartz sediments beneath the Peat layer are exposed.

Article 24
(1) The provisions on damage standard criteria of Peatland Ecosystems as referred to in
Article 23 paragraph (3) shall be exempted from Peatland Ecosystems of less than one
meter (1m) in thickness in the Peatland Ecosystems with cultivating function.
(2) The damage standard criteria of Peatland Ecosystems of less than one meter (1m) in
thickness in Peatland Ecosystems with cultivating function as referred to in paragraph (1)
shall be stipulated in the environmental permit.

Article 25
(1) The person in charge of businesses and/or activities utilizing Peatland Ecosystems with
cultivating function, which is required to have an environmental impact assessment or an
environmental management effort and environmental monitoring effort, shall be required
to obtain an environmental permit from the Minister, governor, and/or regent/mayor as
per their authorities.
(2) The requirements and procedure to request an environmental permit as referred to in
paragraph (1) shall be in accordance with the provisions of law.

Article 26
Anyone is prohibited from:
a. opening land in Peatland Ecosystems with protective function;
b. creating a drainage canal causing drought to the Peatland;
c. burning any Peatland; and/or
d. performing other activities which cause the damage standard criteria of Peatland
Ecosystems to be exceeded as referred to in Article 23 paragraphs (2) and (3).
Third Section
Peatland Ecosystem Damage Response

Article 27
(1) The person in charge of businesses and/or activities utilizing Peatland Ecosystem in such
a way which causes damage(s) to the Peatland Ecosystems within or outside his/her
business and/or activity areas shall be required to make a response as per his/her
obligations under the environmental permit.
(2) The Peatland Ecosystem damage response as referred to in paragraph (1) shall be
required to be performed by the person in charge of businesses and/or activities that
cause damages resulting from:
a. Peatland fire;
b. pyrite and/or quartz sediments being exposed;
c. drainage construction causing drought to the Peat; and/or
d. land opening in Peatland Ecosystems.
(3) The Peatland Ecosystem damage response as referred to in paragraph (2) shall be
performed by:
a. firefighting;
b. isolating the area in which the pyrite and/or quartz sediments are exposed;
c. constructing a dam overflow (tabat) or a water controlling construction; and/or
d. other methods causing no negative impacts on the Peatland Ecosystems.

Article 28
In case the person in charge of businesses and/or activities does not perform any damage
response as referred to in Article 27 within at the latest twenty-four (24) hours from the time
a damage incident is made known to him/her, the Minister, governor, or regent/mayor as per
their authorities shall assign a third party to perform the damage response of Peatland
Ecosystems at the expense of such person in charge of businesses and/or activities.

Article 29
(1) In case the person in charge of businesses and/or activities does not perform any
response, the costs charged to the person in charge of businesses and/or activities as
referred to in Article 28 shall be calculated as an environmental loss.
(2) The amount of environmental loss as referred to in paragraph (1) shall be determined
based on agreement between Minister, governor, or regent/mayor and such person in
charge of businesses and/or activities.

Fourth Section
Recovery

Article 30
(1) The person in charge of businesses and/or activities utilizing the Peatland Ecosystem in
such a way which causes damage(s) to the Peatland Ecosystems within or outside his/her
business and/or activity areas shall be required to make a recovery as per his/her
obligations under the environmental permit.
(2) The recovery within and outside the business and/or activity areas as referred to in
paragraph (1) must be performed by the person in charge of businesses and/or activities
against the damage as referred to in Article 27 paragraph (2).
(3) The recovery shall be performed by:
a. rehabilitation;
b. restoration; and/or
c. other methods consistent with the advancement of science, knowledge, and
technology.
(4) Further provisions on the function recovery criteria of Peatland Ecosystems shall be
governed by a Ministerial Regulation.

Article 31
In case the person in charge of businesses and/or activities does not make any Peatland
Ecosystem function recovery as referred to in Article 30 within at the latest thirty (30) days
from the date a damage incident is made known to him/her, the Minister, governor, or
regent/mayor as per their authorities shall assign a third party to perform the Peatland
Ecosystem function recovery at the expense of such person in charge of businesses and/or
activities.

Article 32
(1) In case the person in charge of businesses and/or activities does not perform any
recovery, the costs charged to the person in charge of businesses and/or activities as
referred to in Article 31 shall be calculated as an environmental loss.
(2) The amount of environmental loss as referred to in paragraph (1) shall be determined
based on agreement between Minister, governor, and/or regent/mayor and such person in
charge of businesses and/or activities.

CHAPTER V
MAINTENANCE
Article 33
The Peatland Ecosystem maintenance as referred to in Article 17 paragraph (1) point (b) shall
be performed by:
a. reserving the Peatland Ecosystems; and/or
b. conserving the Peatland Ecosystem function as a climate change impact controller.

Article 34
(1) The Peatland Ecosystem reservation as referred to in Article 33 point (a) shall be
established by the Minister, governor, or regent/mayor.
(2) The Peatland Ecosystem reservation as referred to in paragraph (1) shall be established
through the determination of Peatland Ecosystem which cannot be managed within a
certain period of time.
(3) The Peatland Ecosystem which cannot be managed within a certain period of time as
referred to in paragraph (2) shall include:
a. Peatland Ecosystems with protective function the area of which is less than thirty
percent (30%) of the total Peatland Hydrological Entity area in provinces or
regencies/municipalities;
b. Peatland Ecosystems with cultivating function fifty percent (50%) of the area of
which is exploited by business or activity for which a permit has been issued, and for
which the exploitation exceeds the damage standard criteria as referred to in Article
23;
c. Peatland Ecosystems assigned for utilization moratorium under the regulations of
law; and/or
d. Peatland Ecosystems with cultivating function whose function has been changed to
Peatland Ecosystems with protective function by the Minister as referred to in Article
11 paragraph (3) point (c).
(4) The stipulation of Peatland Ecosystems which cannot be managed within a certain period
of time as referred to in paragraph (2) shall be included in the national, provincial, and
regency/municipal Peatland Ecosystem Protection and Management plans.

Article 35
(1) The conservation of Peatland Ecosystem function as a climate change impact controller
as referred to in Article 33 point (b) shall be performed by:
a. climate change mitigation effort; and
b. climate change adaptation effort.
(2) The climate change mitigation and adaptation efforts as referred to in paragraph (1) shall
be performed in accordance with regulations of law.

CHAPTER VI
MONITORING
Article 36
(1) The Minister, governor, or regent/mayor as per their authorities shall be required to
monitor the compliance of the person in charge of businesses and/or activities of Peatland
Ecosystem utilization with:
a. provisions on utilization, control, and maintenance of Peatland Ecosystems; and
b. requirements and obligations contained in the environmental permit.
(2) The Minister, governor, or regent/mayor may delegate their authority in performing such
monitoring to officials or technical institutions responsible for environmental protection
and management.
(3) In performing this monitoring, the Minister, governor, or regent/mayor shall assign an
environmental monitoring official who is a functional official.

Article 37
(1) The environmental monitoring official as referred to in Article 36 paragraph (3) shall be
authorized to:
a. perform monitoring;
b. ask for information;
c. make a copy of documents and/or make a note needed;
d. enter certain places;
e. take pictures;
f. make audio/visual recordings;
g. take samples;
h. examine equipment;
i. examine plants and/or means of transportation; and/or
j. stop certain violations.
(2) In performing his/her duty, an environmental monitoring official may coordinate with
state investigation officials.
(3) The person in charge of businesses and/or activities shall be prohibited from hindering
the performance of the environmental monitoring official's duties.

Article 38
(1) The environmental monitoring official shall be a civil servant who meets the minimum
rank requirement of junior superintendent of level/group IIIa.
(2) In addition to the rank requirement referred to in paragraph (1), he/she should be a civil
servant who passes environmental monitoring education and training.

Article 39
The provisions on the environmental monitoring official shall be governed with or based on
the regulation of the minister in charge of government affairs in the field of state apparatus
empowerment and bureaucracy reform.

CHAPTER VII
ADMINISTRATIVE SANCTION
Article 40
(1) The Minister, governor, or regent/mayor as per their authorities shall apply
administrative sanctions.
(2) The administrative sanctions as referred to in paragraph (1) shall consist of:
a. written reprimand;
b. government coercion;
c. environmental permit freezing; or
d. environmental permit revocation.
(3) The government coercion as referred to in paragraph (2) point (b) shall include:
a. temporary activity cessation;
b. activity facility relocation;
c. drainage canal closure;
d. dismantlement;
e. seizure of goods or tools potentially causing any violation;
f. temporary cessation of all activities; and/or
g. other actions aiming at stopping violation and recovering environmental functions.

Article 41
Anyone violating the provisions of Article 26 shall be subject to government coercion as
referred to in Article 40 paragraph (3).

Article 42
(1) In case the violation of provisions of Article 26 is made by the person in charge of
businesses and/or activities, the Minister, governor, or regent/mayor as per their
authorities shall give an administrative sanction in the form of government coercion as
referred to in Article 40 paragraph (3).
(2) In case the person in charge of businesses and/or activities does not respond to the
government coercion as referred to in paragraph (1), the Minister, governor, or
regent/mayor as per their authorities shall pass an administrative sanction in the form of
environmental permit freezing.
(3) In case the person in charge of businesses and/or activities does not comply with the
provisions in environmental permit freezing as referred to in paragraph (2), the Minister,
governor, or regent/mayor as per their authorities shall pass an administrative sanction in
the form of environmental permit revocation.
(4) Further provisions on criteria and term of fulfillment of provisions on government
coercion, environmental permit freezing, and environmental permit revocation shall be
governed by a Ministerial Regulation.

Article 43
(1) The person in charge of businesses and/or activities utilizing a Peatland Ecosystem in
such a way which violates the provisions of Articles 27 and 28 shall be subject to an
administrative sanction in the form of government coercion as referred to in Article 40
paragraph (3).
(2) In case the person in charge of businesses and/or activities utilizing a Peatland Ecosystem
does not respond to the government coercion as referred to in paragraph (1), the Minister,
governor, or regent/mayor shall pass an administrative sanction in the form of
environmental permit freezing.
(3) In case the person in charge of businesses and/or activities does not comply with the
provisions in environmental permit freezing as referred to in paragraph (2), the Minister,
governor, or regent/mayor as per their authorities shall pass an administrative sanction in
the form of environmental permit revocation.
(4) Further provisions on criteria and term of fulfillment of provisions on government
coercion, environmental permit freezing, and environmental permit revocation shall be
governed by a Ministerial Regulation.

Article 44
(1) The person in charge of businesses and/or activities utilizing a Peatland Ecosystem in
such a way which violates the provisions of Articles 30 and 31 shall be subject to an
administrative sanction in the form of government coercion as referred to in Article 40
paragraph (3).
(2) In case the person in charge of businesses and/or activities utilizing a Peatland Ecosystem
does not respond to the government coercion as referred to in paragraph (1), the Minister,
governor, or regent/mayor shall pass an administrative sanction in the form of
environmental permit freezing.
(3) In case the person in charge of businesses and/or activities utilizing a Peatland Ecosystem
does not comply with the provisions in environmental permit freezing as referred to in
paragraph (2), the Minister, governor, or regent/mayor shall pass an administrative
sanction in the form of environmental permit revocation.
(4) Further provisions on criteria and term of fulfillment of provisions on government
coercion, environmental permit freezing, and environmental permit revocation shall be
governed by a Ministerial Regulation.

CHAPTER VIII
TRANSITIONAL PROVISIONS
Article 45
By the time this Government Regulation begins to be in full effect and force:
a. the business and/or activity permit to utilize Peatland Ecosystems in Peatland Ecosystems
with protective function, which has been issued prior to the effective date of, and the
operation of, this Government Regulation, shall be declared to remain in effect until the
expiry of such permit.
b. the activity of utilizing Peatland Ecosystems with protective function, which has obtained
a business and/or activity permit and has not performed any activities in the site, then, the
business and/or activity permit shall remain in effect with the obligation to maintain the
Peatland hydrologic functions.
c. In case the holder of a business and/or activity permit has not performed his/her
obligation to maintain the Peatland hydrologic functions as referred to in point (b) for two
(2) years, the business and/or activity permit shall be revoked by the permit issuer.

CHAPTER IX
CONCLUDING PROVISIONS

Article 46
(1) The Minister shall stipulate the Peatland Hydrological Entity map not later than two (2)
years, calculated from the date on which this Government Regulation is stipulated.
(2) The Minister shall stipulate the Peatland Ecosystems with protective and cultivating
functions not later than two (2) years, calculated from the date on which the final map of
Peatland Hydrological Entity is stipulated.

Article 47
This Government Regulation shall be in full effect and force as of the date it is promulgated.

For public cognizance, this Government Regulation shall be promulgated with its inclusion in
the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
on 12 September 2014
PRESIDENT OF THE REPUBLIC OF
INDONESIA,
signed.
DR. H. SUSILO BAMBANG YUDHOYONO

Promulgated in Jakarta
on 15 September 2014
MINISTER OF LAW AND HUMAN RIGHTS OF
THE REPUBLIC OF INDONESIA,
signed.
AMIR SYAMSUDIN

STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2014 NUMBER 209

Issued as a certified copy


MINISTRY OF STATE SECRETARIAT OF
THE REPUBLIC OF INDONESIA
Deputy for Laws
in Economic Field,

Lydia Silvanna Djaman


ELUCIDATION
OF
INDONESIAN GOVERNMENT REGULATION
NUMBER 71 OF 2014
CONCERNING
PROTECTION AND MANAGEMENT OF PEATLAND ECOSYSTEMS
I. GENERAL
A peatland has unique characteristics. In addition to serving as a component of
wetlands and a component of land space, it also serves as a component of
environment, located in the sovereign territory of Unitary State of the Republic of
Indonesia. With such characteristics, a peatland serves varied functions in the national
history of Indonesia, for example, as natural resources in the form of germ plasm and
timber commodity, as a place for fish to live, and as a warehouse where carbon is
stored, thus playing the role of climate balancer.
In order to prevent the peat function from changing, every country shares the
same interest in maintaining and increasing this natural resource and climate balancer
to provide the maximum benefit for people's welfare, both for current and future
generations, for both national and global society. In order for the peatland to have
sustainable benefits at the desired quality, Peatland Ecosystem Protection and
Management programs have been essential.
The Peatland Ecosystem Protection and Management plan governs planning,
utilization, control, maintenance, and administrative sanctions. The planning includes
Peatland Ecosystem inventory, Peatland Ecosystem determination, and Peatland
Ecosystem Protection and Management plan drafting and stipulation. The Peatland
utilization is determined based on the Peatland Ecosystem Protection and
Management plan. The damage control of Peatland Ecosystems is made by
establishing damage standard criteria for Peatland Ecosystems and implementing
environmental permit instruments for businesses and/or activities utilizing Peatland
Ecosystems, which are required to have an environmental impact assessment as well
as environmental management efforts and environmental monitoring efforts. The
Peatland Ecosystem Protection and Management plan includes Peatland maintenance,
administrative sanction implementation, and monitoring of the compliance of the
person in charge of businesses and/or activities with this Government Regulation and
the environmental permit.
II. ARTICLE BY ARTICLE
Article 1
Self-explanatory.
Article 2
Self-explanatory.
Article 3
Self-explanatory.
Article 4
Self-explanatory.
Article 5
Self-explanatory.
Article 6
Paragraph (1)
Point a
In delineating the satellite image which has been geometrically
corrected, land system, soil, river network, and digital elevation maps
are also used.
Point b
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.
Paragraph (5)
Self-explanatory.
Article 7
Self-explanatory.
Article 8
Self-explanatory.
Article 9
Paragraph (1)
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Point a
Self-explanatory.
Point b
The term "endemic germ plasm" means a genetic resource found only
in a certain region, site, habitat type, or certain islands, and it cannot be
found naturally anywhere else.
Point c
Self-explanatory.
Point d
Self-explanatory.
Paragraph (5)
Self-explanatory.
Paragraph (6)
Self-explanatory.
Article 10
Self-explanatory.
Article 11
Self-explanatory.
Article 12
Self-explanatory.
Article 13
Self-explanatory.
Article 14
Self-explanatory.
Article 15
Self-explanatory.
Article 16
Self-explanatory.
Article 17
Self-explanatory.
Article 18
Self-explanatory.
Article 19
Self-explanatory.
Article 20
Self-explanatory.
Article 21
Paragraph (1)
Point a
Self-explanatory.
Point b
Self-explanatory.
Point c
The education in this provision excludes the provision of
infrastructures for education.
Point d
The term "environmental service" means limited tourism and carbon
trade.
The term "limited tourism" means any activity of visiting, observing,
enjoying Peat uniqueness and plant and animal diversity existing
within the Peatland Ecosystems.
Paragraph (2)
Self-explanatory.
Article 22
Self-explanatory.
Article 23
Paragraph (1)
Self-explanatory.
Paragraph (2)
Point a
Self-explanatory.
Point b
The term "pyrite sediment is exposed" means the pyrite sediment
occurs or is discovered in the oxidation zone or it is no longer
submerged in water.
The term "quartz sediment is exposed" means quartz is exposed to the
surface or the quartz is no longer covered by the Peat layer.
Point c
Self-explanatory.
Paragraph (3)
Self-explanatory.
Article 24
Self-explanatory.
Article 25
Self-explanatory.
Article 26
Point a
Self-explanatory.
Point b
The term "drainage" means the canal directly flowing water out of the Peat
Hydrologic Entity, such as when it flows water directly from the Peat
Hydrological Entity to the river or sea.
Point c
Self-explanatory.
Point d
Self-explanatory.
Article 27
Self-explanatory.
Article 28
Self-explanatory.
Article 29
Self-explanatory.
Article 30
Paragraph (1)
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Point a
The term "rehabilitation" means the recovery effort to restore the
function and improve the Peatland Ecosystems can be performed,
among other things, through revegetation.
Point b
The term "restoration" is a recovery effort to make the Peatland
Ecosystems or parts thereof function once again like they did.
Point c
Self-explanatory.
Paragraph (4)
Self-explanatory.
Article 31
Self-explanatory.
Article 32
Self-explanatory.
Article 33
Self-explanatory.
Article 34
Self-explanatory.
Article 35
Self-explanatory.
Article 36
Self-explanatory.
Article 37
Self-explanatory.
Article 38
Self-explanatory.
Article 39
Self-explanatory.
Article 40
Self-explanatory.
Article 41
Self-explanatory.
Article 42
Self-explanatory.
Article 43
Self-explanatory.
Article 44
Self-explanatory.
Article 45
Self-explanatory.
Article 46
Self-explanatory.
Article 47
Self-explanatory.

SUPPLEMENT TO STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER


5580

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