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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