Baseline Analysis Report - p3tb.pu.go.idp3tb.pu.go.id/...BaselineAnalysis_TaskA_Appendix.pdf · 7/12/2019 · Baseline Analysis Report Integrated Tourism Master Plan for Lombok Vol.1

Baseline Analysis Report Integrated Tourism Master Plan for Lombok

Vol.1 - Appendix Task A - Analysis of the Institutional and Legal, Regulatory and Policy Framework

PT. AECOM Indonesia

Ver.01 – 12 July 2019

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Project Name : Integrated Tourism Master Plan for Lombok

Project No. : JKTD18082

Document Name : Baseline Analysis Report Vol.1 - Appendix

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Appendix

Law (Undang-undang)

• Law No. 5 of 1960 – Agrarian Principal

• Law no. 11 of 1974 - Water Resources Development

• Amendment of Law No. 9 of 1990

• Law No. 36 of 1999 – Telecommunication

• Law No. 41 of 1999 - Forestry

• Law No. 22 of 2001 - Oil and Gas

• Law No. 17 of 2007 - Long-Term National Development Plan (RPJP) Year 2005-2025

• Law No. 24 of 2007 – Disaster Management Law

• Law No. 26 of 2007 - Spatial Planning

• Law No. 30 of 2007 - Energy

• Law No. 27 of 2007 - The Zoning Plan for Coastal Areas and Small Islands

• Law No. 11 of 2008 - Information and Electronic Transaction

• Law No. 14 of 2008 - Public Communication Openness

• Law No. 10 of 2009 - Tourism

• Law No. 22 of 2009 - Traffic and Road Transportation

• Law No. 32 of 2009 - Environmental Protection and Environmental Management

• Law No. 39 of 2009 - Indonesia Special Economic Zones (Undang-Undang tentang

Kawasan Ekonomi Khusus Indonesia)

• Law No. 2 of 2012 - Acquisition of Land for Development in the Public Interest

• Law No. 31 of 2004 - Fisheries

Government Regulation (Peraturan Pemerintah)

• Government Regulation No. 41 of 1999 - Air Pollution Control

• Government Regulation No. 82 of 2001 - Water Quality Management and Water

Contamination Prevention

• Government Regulation No. 65 of 2005 - Guidelines to Develop and Implement Minimal

Services Standard

• Government Regulation No. 38 of 2007 - Dividing Government Role among Central

Government, Provincial Government and City/Kabupaten Government

• Government Regulation No. 24 of 2010 - The Use of Forest Area

• Government Regulation No. 50 of 2011 - National Tourism Development Master Plan

(RIPPARNAS) period of 2010 – 2025

• Government Regulation No. 27 of 2012 - Environmental Permit

• Government Regulation No 23 of 2014 - Changed of Government Regulation No 14 of

2012 about Electrical Energy Supply Business

• Government Regulation No. 122 of 2015 - Drinking Water Supply System

• Government Regulation No. 13 of 2017 - National Spatial Plan (RTRWN)

• Government Regulation No. 24 of 2018 - Electronically Integrated Business Licensing

Services

6

• Government Regulation No. 36 of 2010 - Enterprises of Natural Tourism in Wildlife

Presrves, National Park, Grand Forest Park, and Natural Tourism Park

• Government Regulation No. 60 of 2007 - Fish Resources Conservation

• Government Regulation No. 24 of 2010 – Forest Area Utilisation

• Government Regulation No. 38 of 2011 – River Border

Government Decree (Putusan Pemerintah)

• Government Decree No. 7 of 2004 - Water Resources

Presidential Regulation (Peraturan Presiden)

• President Regulation No. 33 of 2011 - National Policy of Natural Resources Management

• Presidential Regulation No. 71 of 2012 - Execution for Land Acquisition

• Presidential Regulation No. 52 of 2014 - Special Economic Zone of Mandalika

• Presidential Regulation No. 56 of 2014 - The Spatial Plan of Nusa Tenggara Islands

Region

• Presidential Regulation No. 185 of 2014 - Acceleration of Water Supply and Sanitation

• Presidential Regulation No. 2 of 2015 - Medium Term National Development Plan

(RPJMN) Year 2015-2019

• Presidential Regulation No. 62 of 2018 - The Management of Social Impact in The

Procurement of Land for National Development

• Presidential decree No. 51 of 2016 – Coastal Border

Presidential Decree (Putusan Presiden)

• Presidential decree No. 8 of 2010 - National Board of Indonesia Special Economic Zones

(Keputusan Presiden tentang Dewan Kawasan Ekonomi Khusus Indonesia)

• Presidential Decree No. 22 of 2011 - Indonesia Tourism Promotion Agency

• Presidential Decree No. 46 of 2014 - Special Economic Zone Council in NTB Province

• Presidential Decree No. 6 of 2017 - Determinations of the Outer Island

• Presidential Decree No. 26 of 2018 - National Action Plan of Development Acceleration of

Disadvantaged Region of 2019

Peraturan Menteri

Minister of Toursim Republic of Indonesia Regulation (Peraturan Kementerian Pariwisata)

• Minister of Tourism Regulation No. 14 of 2016 - National Sustainable Destination Standard

• Minister of Tourism Regulation No. 67 of 2004 - General Guidelines for Tourism

Development in Small Islands

Minister of Public Works and Housing Regulation (Peraturan Kementerian Pekerjaan Umum dan

Perumahan Rakyat)

• Minister of Public Works Regulation No. 21 of 2006 - National Policy and Strategy of

Solid Waste Management System

• Minister of Public Works Regulation No. 18 of 2007 - Implementation of Drinking Water

Supply Development

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• Minister of Public Works Regulation No. 16 of 2008 - National Policy and Strategy of

Domestic Wastewater Management System

• Minister of Public Works and Housing Regulation No. 18 of 2010 - Regional

Revitalization Guidelines

• Minister of Public Works Regulation No. 13 of 2011 - Road Maintenance Procedure

• Minister of Public Works Regulation No. 13 of 2013 - National Policy and Strategy of Water

Supply Development

• Minister of Public Works Regulation No. 03 of 2013 - Management of Solid Waste and

Facilities in Handling Household Waste and Household-like Waste

• Minister of Public Works and Housing Regulation No. 01 of 2014 - Minimum Service

Standards in Public Works and Spatial Planning until 2019

• Minister of Public Works and Housing Regulation No. 12 of 2014 - Management of

Urban Drainage System

• Minister of Public Works and Housing Regulation No. 01 of 2015 - Cultural Heritage

Building that Must be Preserved

• Minister of Public Works and Housing Regulation No. 04 of 2015 - Criteria and

Determining of River Region

• Minister of Public Works and Housing Regulation No. 13 of 2015 - Disaster Management

due to Water Damage

• Minister of Public Works and Housing Regulation No. 27 of 2015 - Dam

• Minister of Public Works and Housing Regulation No.15 of 2017 - Water Resources

Management Plan - River Region Lombok

• Minister of Public Works and Housing Regulation No. 29 of 2018 - Technical Standards of

Minimal Services for Public Works and Housing

• Minister of Public Works Pd T-18-2004B - Urban Road Function Classification

• Minister of Public Works and Housing Pd-03-2017-B - Technical Design Guidelines for

Pedestrian Facilities

Minister of Land Affairs and Spatial Planning/National Land Agency Regulation (Peraturan Kementerian

Agraria dan Tata Ruang/Badan Pertanahan Nasional)

• Minister of Land Affairs and Spatial Planning/National Land Agency Regulation No. 17 of

2017 - Spatial planning Audit Guidelines

Minister of Villages, Disadvantaged Regions and Transmigration Regulation (Peraturan Kementerian

Desa Tertinggal dan Transmigrasi)

• Minister of Villages Disadvantaged Regions and Transmigration Regulation No. 5 of 2016

– Village Areas Development

• Minister of Villages Disadvantaged Regions and Transmigration Regulation No. 19 of 2017

– Prioritizing the Use of Village Funds in 2018

Minister of Tranportation Regulation (Peraturan Kementerian Transportasi)

• Minster of Transportation Regulation KM 33 of 2007 - New Lombok Airport Master Plan in

Central Lombok

• Minister of Transportation Regulation No. KM 14 of 2006 - Road Traffic Management and

Engineering

Minister of Health Regulation (Peraturan Kementerian Kesehatan)

• Ministry of Health Regulation No. 492 of 2010 - Drinking Water Quality Standard

• Ministry of Health Regulation No. 43 of 2014 - Sanitary Hygiene of Water Drinking Depot

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• Ministry of Health Regulation No. 32 of 2017 - Environmental Health Quality Standards

and Water Health Requirements for Sanitary Hygiene, Swimming Pools, Solu Per Aqua

and Public Baths

Minister of Home Affairs Regulation (Peraturan Menteri Dalam Negeri)

• Minister of Home Affairs Regulation No. 01 of 2016 - Village Asset Management

• Minister of Home Affairs Regulation No. 70 of 2016 - Guidelines for Provision of

Subsidies from Regional Governments to Regionally Owned Enterprises Providing Water

Supply Systems

Minister of Energy and Mineral Sources Regulation (Peraturan Menteri Energy and Sumberdaya

Mineral)

• Minister of Energy and Mineral Sources Regulation No. 50 of 2017 - Renewable Energy

Source Utilization for Electrical Supply

Minister of Communication and Informatics Regulation (Peraturan Menteri Informasi dan Informatika)

• Minister of Communication and Informatics Regulation No. 27 of 2011 - Technical

Guidelines for Minimum Service Standard of Communication and Informatics in Regional

Minister of Environment and Forestry Regulation (Peraturan Menteri Lingkungan Hidup dan Kehutanan)

• Minister of Environment Regulation No. 48 of 2010 - Exploitation of Natural Tourism in

Wildlife Reserves, National Parks, Forest Parks, and Tourism Forest

• Minister of Environment Regulation No. 5 of 2012 - Types of Business and/or Activities for

which an Environmental Impact Assessment (AMDAL) is Mandatory

• Minister of Environment Regulation No. 16 of 2012 - Guidelines for Preparation of

Environmental Documents

• Minister of Environment Regulation No. 17 of 2012 - Guidelines for Public Participation in

the Environmental Impact Assessment and Environmental Permit Process

• Minister of Environment Regulation No. 8 of 2013 - Guidelines for Assessment and

Evaluation of Environmental Documents and Issuance of Environmental Permits

• Minister of Environment Regulation No. 31 of 2016 - Guidelines for Utilization of Natural

Tourism Services in Production Forests

• Minister of Environment Regulation No. 26 of 2018 - Guidelines for Preparation and

Evaluation of Environmental Documents in the Implementation of Electronically Integrated

Business Licensing Services

• Minister of Environment and Forestry Decree No. 76 of 2015 – Guidelines for Criteria

Zonation for National Park Management and Nature Preserve, Wildlife Preserves, Grand

Forest, and Natural Tourism Park

Minister of Maritime Affairs and Fisheries Regulation (Peraturan Menteri Kelautan dan Perikanan)

• Minister of Maritime Affairs and Fisheries Regulation No. 13 of 2017 - Network of

Aquatic Conservation Areas

Minister of Economic Affairs Regulation (Peraturan Menteri Koordinator bidang Perekonomian)

• Minister of Economic Affairs Regulation No. 4 of 2017 - Policies, Strategies, Programs,

and Performance Indicators for National Mangrove Ecosystem Management

Minister of Education and Culture Regulation (Peraturan Menteri Pendidikan dan Kebudayaan)

• Minister of Education and Culture Regulation No. 46 of 2018 - Guidance on Drafting a

Cultural Strategy

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Ministrial Decree (Keputusan Menteri)

Minister of Public Works Decree (Putusan Kementerian Pekerjaan Umum dan Perumahan Rakyat)

• Minister of Public Works Decree No. 03 of 2014 - Guidelines for Design, Provision, and

Utilization for Pedestrian Facilities in Urban Area

• Minister of Public Works Decree No. 248 of 2015 - Arterial and Collector at National Road

• Minister of Public Works Decree No. 15 of 2017 - Water Resources Management Plan -

River Region Lombok

• Minister of Public Works Decree No. 28 of 2015 – River and Lake Border

Minister of Health Decree

• Minister of Health Decree No. 907 of 2002 - Requirements and Supervision Over the

Quality of Drinking Water

Minister of Maritime Affairs and Fisheries Decree

• Minister of Maritime Affairs and Fisheries Decree No. 57 of 2014 - Coastal Zone

Mangement and Small Island

Minister of Environment Decree

• Minister of Environment Decree No. 51 of 2004 - Sea Water Standard

Minister of Transportation Decree (Putusan Kementerian Transportasi)

• Minister of Transportation Decree No. KM 52 of 2004 - Ferry/Passenger Port Management

• Minister of Transportation Decree No. 132 of 2015 - Passenger Terminal Operation

• Minister of Transportation Decree No. KP 901 of 2016 - National Port Master Plan

Directorate General of Ministry Decree

Directorate General of Forest Protection and Nature Conservation Decree

• Directorate General of Forest Protection and Nature Conservation Decree No.

SK99/IV/Set-3/2005

National Standard

• National Standard No. 8456 of 2017 - Infiltration Well and Culvert to Harvest Rainy

• National Standard No. 02-2406 of 1991 - Technical Guidelines of Urban Drainage

System Design

• SK SNI 07-1733-2004 - Technical Guidelines for Urban Settlement Environment

National Document

• National Transportation System “Sistranas” Document

• National Standard of Plumbing System Planning Procedure (SNI 03-7065-2005)

NTB Province Regulation (Peraturan Daerah Provinsi NTB)

• NTB Province Regulation No. 6 of 2001 - Tax on Taking and Utilizing Ground water and

Surface Water

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• NTB Province Regulation No. 3 of 2008 – Long -Term Development Plan of Nusa

Tenggara Barat Province 2005 – 2025

• NTB Province Regulation No. 3 of 2010 – Nusa Tenggara Barat Province Spatial Plan of

2009-2029 (RTRW Provinsi NTB)

• NTB Province Regulation No. 5 of 2010 - Ground Water Management

• NTB Provincial Regulation No. 7 of 2013 - Regional Tourism Development Master Plan

of NTB Province (RIPPARDA) period of 2013 – 2028

• NTB Provincial Regulation No. 7 of 2015 - The Equity of Clean Water Access

• NTB Provincial Regulation No. 2 of 2016 - Halal Tourism Policy

• NTB Province Regulation No. 1 of 2017 – Medium Term Development Plan (RPJMD) of

Nusa Tenggara Barat Province 2013-2018

• NTB Province Regulation No. 12 of 2017 - NTB Small Islands and Coastal Zoning Plan

for 2017 to 2037

NTB Province Governor Regulation (Peraturan Gubernur Provinsi NTB)

• NTB Province Governor Regulation No. 31 year 2014 - Sanitation Roadmap of West

Nusa Tenggara Year 2015 – 2019

• NTB Regional Government Decree No. 137 of 1999

NTB Province Governor Decree

• NTB Governer Decree No. 620 – 351 of 2016 - Road Classification in NTB Province

• NTB Governer Decree No. 523.1-972 of 2016

Regional Regulation and Document

• Regional Short-Term Plan (Rencana Kerja Pemerintah Daerah RKPD) Provinsi NTB, Kota

Mataram, and Kabupaten - Kabupaten Lombok

• Regional Government Regulation No. 3 of 2010 - Regional Spatial Layout “Tatrawil”

Document

Local Regulation

Regulation of Kota Mataram (Peraturan Daerah Kota Mataram)

• Local Regulation No. 8 of 2008 – Long-Term Development Plan (RPJPD) of Kota Mataram

2005-2025

• Medium Term Development Plan (RPJMD) of Kota Mataram 2016-2021

• Local Regulation No. 12 of 2011 - Kota Mataram Spatial Plan of 2011-2031 (RTRW Kota

Mataram)

• Regional Tourism Development Master Plan (RIPPARDA) of Kota Mataram

• Local Regulation No. 2018 - Solid Waste Management

• Local Regulation No. 14 of 2011 - General Retribution

Regulation of Kabupaten Lombok Utara (Peraturan Daerah Kabupaten Lombok Utara)

• Local Regulation No. 12 of 2010 - Long-Term Development Plan (RPJPD) of Kabupaten

Lombok Utara 2005-2025

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• Local Regulation No. 9 of 2011 - Kabupaten Lombok Utara Spatial Plan (RTRW) of 2011-

2031

• Local Regulation No. 10 of 2016 and New Regulation Draft - Medium Term Development

Plan (RPJMD) of Kabupaten Lombok Utara 2016-2021

• Regional Tourism Development Master Plan (RIPPARDA) of Kabupaten Lombok Utara

2016 – 2031

• Local Regulation No. 3 of 2017 - Amendment to Local Regulation of North Lombok No. 7

Year 2014 concerning Solid Waste Management Guideline

• Local Regulation No. 1 of 2019 - Solid Waste Management Permit

Regulation of Kabupaten Lombok Timur (Peraturan Daerah Kabupaten Lombok Timur)

• Local Regulation No. 2 of 2012 - Kabupaten Lombok Timur Spatial Plan (RTRW) of 2012

- 2032

• Local Regulation No. 1 of 2014 - Medium Term Development Plan (RPJMD) of Kabupaten

Lombok Timur for 2013-2018

• Regional Tourism Development Master Plan (RIPPARDA) of Kabupaten Lombok Timur

2012 – 2032

• Local Regulation No. 5 of 2012 - Solid Waste Management

• Local Regulation No. 1 of 2016 - Amendment to Local Regulation No. 11 Year 2010

concerning General Retribution

Local Regulation Kabupaten Lombok Tengah (Peraturan Daerah Kabupaten Lombok Tengah)

• Local Regulation No. 7 of 2006 - Detailed Spatial Planning of Airport Area Lombok Baru

• Local Regulation No. 7 of 2011 - Regional Spatial Planning (RTRW) of 2011 – 2031


Lombok Tengah 2016-2021

• Regional Tourism Development Master Plan (RIPPARDA) of Kabupaten Lombok Tengah

2016 – 2021

• Local Regulation No. 14 of 2009 - Amendment to Local Regulation No. 11 Year 2002

concerning Solid Waste Service Retribution

• Local Regulation No. 3 of 2017 - Wastewater Management

• Local Regulation No. 2017 - General Retribution

Local Regulation Kabupaten Lombok Barat (Peraturan Daerah Kabupaten Lombok Barat)

• Local Regulation No. 10 of 2008 - Long Term Development Plan (RPJPD) of Kabupaten

Lombok Barat 2005-2025

• Local Regulation No. 11 of 2011 - Regional Spatial Planning (RTRW) of 2011 – 2031


Lombok Barat 2014-2019

• Regional Tourism Development Master Plan (RIPPARDA) of Kabupaten Lombok Barat

2016 – 2030

• Local Regulation No. 3 of 2017 - Solid Waste Management

• Lombok Barat Regent Decree No. 807/06/BLH/2016 - The establishment of West Lombok

Regency Sea-Turle Conservation Commuication Forum

• Lombok Barat Regent Decree No. 795/14/DLH/2017- The establishment of West Lombok

Regency Mangrove Conservation Commuication Forum

Tourism Regulation and Document

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• Detailed Master Plan (RIRD) of KSPN Gili Senggigi and its Surrounding 2016

• Detailed Master Plan (RIRD) of KSPN Southern Coast of Lombok and its Surrounding

• Detailed Master Plan (RIRD) of KSPN Rinjani and its Surrounding

• UNESCO Global Geopark Rinjani-Lombok by UNESCO and BAPPEDA (Local Planning

Authority of NTB Province)

• Sustainable Regional Economic Growth and Investment Program (SREGIP) by National

Planning Authority, Ministry of Tourism, and GIZ

• Sustainable Tourism Master Plan for Lombok (STMP) by National Planning Authority,

Ministry of Tourism, and GIZ

• Green Tourism Village by National Planning Authority, Ministry of Tourism, and GIZ

• UNWTO - Sustainable Tourism Observatory (STO) by UNWTO International Network of

Sustainable Tourism Observatories (INSTO)

• UNWTO - Sustainable Tourism for Development Guidebook, Enhancing Capacities for

Sustainable Tourism for Development in Developing Countries by UNWTO and European

Commission (EC)

• UNWTO - Global Code of Ethics for Tourism (GCET) by World Committee on Tourism

Ethics (WCTE)

• Global Sustainable Tourism Council Criteria by Global Sustainable Tourism Council

• ASEAN Tourism Strategy 2016-2025 by The ASEAN Tourism Ministers

• ASEAN Tourism Marketing Strategy 2017-2020 by The ASEAN Tourism Ministers

Transportation Regulation and Document

• General Director of Air Transport Regulation No. SKEP/77/VI/2005 - Airport Facilities

Operational Technical Requirements

• Government Regulation No. 61 Year 2009 concerning Port

• Indonesia Highway Capacity Manual (IHCM) 1997

• Road Pavement Design Manual No. 04/SE/Db/2017

Infrastructure Regulation and Document

• Master Plan of Regional Water Supply System of Lombok Island Year 2016 - 2034

• Master Plan of West Lombok Water Supply System Year 2016 - 2036

• Master Plan of North Lombok Water Supply System 2018 – 2037

• City Sanitation Strategy Year 2017 – 2021 – Covering Kota Mataram and Kabupaten –

kabupaten Lombok

• Master Plan of Wastewater Management System (RISPAL)

• Master Plan of Wastewater Management System of Kota Mataram 2017 – 2036

• Mataram Sewerage System Development Plan 2017 – 2037

• Solidwaste Technical Master Plan for Kota Mataram 2017 – 2036

• Surat Edaran Dirjen SDA No. 21/SE/D/2015 - Strategic Plan Year 2015-2019, Directorate

General of Water Resources, Ministry of Public Works and Housing

Disaster Mitigation Regulation and Document

• Regional Disaster Management Plan (RPB)

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Applicable Regulation Regarding Indonesian Environmental and Social Impact Assessment

No. Regulations Summary

1 Law No. 32 of 2009

Environmental Protection and Environmental Management.

The purpose of this Law is to foster environmentally sustainable development by means of an environmental planning policy, and the rational exploitation, development, maintenance, restoration, supervision, and control of the environment. Environmental protection and management shall be planned through the following phases: environmental inventorying to obtain data and information on natural resources; stipulation of eco-regions; and the formulation of environmental protection and management plans.

2 Government Regulation No. 27 of 2012

Environmental Permit

The Environmental Permit Regulation No. 27 Year 2012 requires that application for environmental permit shall be accompanied by environmental assessment documents (AMDAL and UKL-UPL), business legal documents, and business profile document. Under this regulation, project owners need to apply for an environmental permit from the appropriate government authority before project implementation.

3 Minister of Environment (MoE) Regulation No. 5 of 2012

Types of Business and/or Activities for which an Environmental Impact Assessment (AMDAL) is Mandatory.

This Regulation lists activities in different sectors and specifies the limit of business scale that will trigger the requirement that the activities obtain an AMDAL (full environmental impact analysis (EIA) study. Activities not listed in this regulation only require a UKL-UPL study (a smaller scale EIA). This Regulation also provides a screening process to evaluate activities that are not listed or specified in the Regulation, to decide if such activities will require AMDAL or UKL-UPL.

4 MoE regulation No 48 of 2010

Exploitation of natural tourism in wildlife reserves, national parks, forest parks, and tourism forest

Become the legal basis of tourism activities in protected areas, such as wildlife reserves, national parks, forest parks, and tourism forest, includes:

▪ natural tourism business; ▪ transfer of license ownership; ▪ natural tourism cooperation; ▪ supervision, evaluation and guidance; and ▪ sanctions.

tourism business can be carried out in the area:

▪ wildlife reserve; ▪ national parks except the core zone; ▪ nature tourism park; and ▪ highway forest park.

5 MoE regulation No 31 of 2016

Guidelines for utilization of natural tourism services in production forests

Become legal basis in the implementation of utilization of natural tourism in production forest area. Types of businesses for utilizing of natural tourism services include:

a. Business of Providing Nature Tourism Services b. Business of Providing Natural Tourism Facilities.

14


6 MoE Regulation No.16 of 2012

Guidelines for Preparation of Environmental Documents

This regulation contains references for drafting environmental documents in the form of Environmental Impact Assessments (AMDAL), Environmental Management Efforts and Environmental Monitoring Efforts (UKL-UPL), or Statement of Environmental Management and Monitoring Capability (SPPL).

7 MoE Regulation No.17 Year 2012

Guidelines for Public Participation in the Environmental Impact Assessment and Environmental Permit Process.

This regulation contains references in implementing public participation in Environmental Impact Assessment and Environmental Permit Process. The regulation stipulates the requirement to carry out public consultation as part of the process for preparation of AMDAL and UKL-UPL.


Guidelines for assessment and evaluation of environmental documents and issuance of environmental permits

This regulation contains references in implementing assessment and evaluation of environmental documents including AMDAL, UKL-UPL and SPPL, AMDAL comitee and issuance of environmental permits.


Electronically Integrated Business Licensing Services

This regulation contains references in business licensing procedures via the Online Single Submission (OSS) System. This regulation specifies the licenses that can be immediately processed through the OSS system, including among others, investment licenses, location permits, environmental licenses, building construction permits, taxpayer identification number, social security certificates, importer identification number.


Guidelines for Preparation and Evaluation of Environmental Documents in the Implementation of Electronically Integrated Business Licensing Services

This regulation as substitution regulation for MoE Regulation No. 12 Year 2012, MoE Regulation No. 17 Year 2012 and MoE Regulation No. 8 Year 2013. This regulation is applied for OSS System only.

11 Minister of Maritime Affairs and Fisheries Regulation No 13/Permen-KP/2017

Network of Aquatic Conservation Areas

Become a legal basis that describes the form of management of aquatic protected areas. This becomes a legal framework for Local Governments and the Central Government in the formation of a watershed conservation area management unit.

12 Minister of Public Works and Housing Regulation No 13/PRT/M/2015

Disaster Management due to water damage

It is a reference for BBWS / BWS in carrying out disaster response activities due to water damage such as floods, erosion, cold lava floods, landslides, intrusions and permeation.

15


13 Minister of Public Works and Housing Regulation No 01/PRT/M/2015

Cultural Heritage Building that must be preserved

Being a reference in the preservation of the preservation of the cultural heritage building including the fulfillment of building requirements can be categorized as a cultural heritage building In this case also explained several things such as: • Compensation, incentives and disincentives • The role of the community • Development activities • Regulations at the regional level • Funding

14 Coordinator Minister of Economic Affairs regulation no 4 of 2017

Policies, strategies, programs, and performance indicators for national mangrove ecosystem management

This minister regulation becomes a guideline and reference for relevant parties to manage the mangrove ecosystem. Ministries / institutions related to mangrove management activities are responsible and must report on the implementation of their duties to the Coordinating Minister for Economic Affairs as the Chairperson of the Director of the National Coordinating Team

15 Minister of Education and Culture Regulation No 46 of 2018

Guidance on drafting a cultural strategy

This regulation is used as a reference for the stakeholder in preparing the Cultural Strategy. In the preparation of the Cultural Strategy it is arranged through several stages, including: a. planning b. data consolidation c. data processing d. analysis of the results of data processing e. preparation of the Culture Strategy text f. the determination of the Culture Strategy.

16

Minister of Public Works and Housing Regulation No. 4 of 2015

Criteria and Determination of River Area

This regulation is used as a reference for making maps of river basins and river areas throughout Indonesia


The Use of Forest Area

This regulation implements provisions on the use of forests and of forest areas for non-forestry development activities. These activities may be carried out only in production forest areas and in protection forest areas without altering the main function of forest areas.

18 Law No. 41 of 1999

Forestry

This Law includes some conservation-oriented policies. It divides forests into three categories, including: Conservation Forests, Protection Forests and Production Forests. It also empowers the Ministry of Forestry to determine and manage Indonesia’s Kawasan Hutan (National Forest Estate). The principles of forestry management are stated as being for conservation, democracy, justice, togetherness, transparency, and integrity.

19 Minister of Marine and Fisheries Decree No.57/KEPMEN-KP/2014

This regulation contains information about the Gili Matra TWP was obtained from secondary data of Management and Zoning Plan of the Marine Tourism Park of Gili Ayer, Gili Meno and Gili Trawangan Island in West Nusa Tenggara Province 2014-2034.

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Coastal Zone Mangement and Small Island

20 Governor of West Nusa Tenggara Province No.523.1-972 Year 2016

Information about the Gili Sulat and Gili Lawang KKLD is obtained from secondary data of Management and Zoning Plan of the Marine, Coastal and Small Islands Conservation Areas in West Nusa Tenggara Province based on the Appendix II of Governor Decree of West Nusa Tenggara Province No.523.1-972 Year 2016.

21 Decision Letter (SK – Surat Keputusan) of District Head No. 188.45/452/KP/2004

The local marine conservation area of Gili Sulat and Gili Lawang has the potential of nature tourism of white sandy beaches, coral reef ecosystem and mangroves. Available tourism activities are swimming, snorkelling, diving, sun bathing, boating, sailing and camping. The decision was directed towards marine protection area and marine park tourism. The mission was to set the area as an area of conservation, tourism, education/research, and economic development

22 Decree of the Directorate General of Forest Protection and Nature Conservation Number:SK99/IV/Set-3/2005 dated 26 September 2005

Arrangement Zone in Mount Rinjani National Park. The zonation of TNGR area is divided into several management zones


Management of Water Quality and Control Over Water Pollution

This Regulation aims at managing the quality of water and controlling water pollution. The Government shall formulate plans for enhancing efficiency in the use of water. Water quality shall be classified into 4 classes: standard drinking water; water to be used for recreation infrastructures/facilities; water to be used for breeding of hot water fish; and water to be used for watering plants, etc.

24 Decree of The Minister of Health No. 907/MENKES/SK/VII/2002

Requirements and Supervision Over the Quality of Drinking Water

This Regulation aims at managing the quality of drinking water include water distribute through pipe, water tank, bottle water and for producing foodstuff and beverages

25 Minister of Environment Agency Decree No. 51 of 2004

Sea Water Standard

This Regulation aims at managing the quality of sea water. The Government shall formulate plans for enhancing efficiency in the use of water. Sea water quality shall be classified into 3 classes: water to be used for sea port, sea recreation and marine biota.


Air Pollution Control

This regulation imposed several standards: ambient air quality standards, emission standards for industrial activities and motor vehicles, and Pollutant Standard Index (PSI). To implement the articles in this regulation, the State Ministry of Environment (MoE) has issued several regulations and decrees specifically pertaining to the emissions standards.

27 Minister of Environment and Forestry Decree No. 76 of 2015

This regulation explains the zonation management of national park and nature preserve, wildlife preserves, grand forest, and natural tourism park.

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Criteria zonation for national park management and nature preserve, wildlife preserves, grand forest, and natural tourism park


Enterprises of natural tourism in wildlife presrves, national park, grand forest park, and natural tourism park

This regulation aims at managing natural tourism in wildlife presrves, national park, grand forest park, and natural tourism park inclues the bussines services management.

29 Law No. 31 of 2004

Fisheries

This regulation manages the fisheries management and arrangement regarding the kind of fish and protected water area including sea natural park for education, culture, tourism and/or preservation of fish resources and/or environment


Fish resources conservation

Water conservation area includes marine national park, marine natural park, aquatic asylum, and fisheries sanctuary.


Forest area utilisation

Utilisation at production and protected forest area is carried out without changing the main function of forest area.

32 West Lombok Regent Decree No. 807/06/BLH/2016

The establishment of West Lombok Regency Sea-Turle Conservation Commuication Forum

33 West Lombok Regent Decree No. 795/14/DLH/2017

The establishment of West Lombok Regency Mangrove Conservation Commuication Forum


River

The buffer information of river border area in rivet without dyke. Buffer 10 m for river depth ≤ 3 m, buffer 15 m for river depth 3-20 m, buffer 30 m for river depth ≥ 20 m.

35 Minister of Public Works Regulation No. 28 of 2015

River and lake border

Utilisation of river border area is limited for: Building water resources infrastructure; bridge and dock facilities; gas pipeline and drinking water; electrical and telecommunication cables; other activities does not interfere with river function among other; and electrical building Lake border is 50 m from highest water level. Utilisation of lake border area is limited for: Building water resources infrastructure; bridge and dock facilities; gas pipeline and drinking water; electrical and telecommunication cables; tourism facilities, sport and religious; sanitation facilities; and electrical building

36 Presidential decree No. 51 of 2016

Coastal border

Coastal boder is obliged by provincial/Regency government to set coastal boundary directions concerning provincial/regency spatial planning.

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37 Indonesia National Standard (SNI) No. 03-1733 of 2014

Land use suitability based on slope for tourism is from 0 -3% until >40%

Applicable Regulation Regarding Land Acquisition


1 Law No. 5 of 1960 about agrarian principal

It is a basic Agrarian Law in Indonesia for acquiring land, either through purchase or lease. The land purchase and lease agreements must comply with the standard legal drafting according to the terms and conditions that each party has agreed upon.

2 Law No. 2 of 2012 about Acquisition of Land for Development in the public interest

For acquiring land for public use activities this regulation become legal basis. In this regulation, arranged understanding, implementation process, authority, need of document plan, time management, compensation, funds sources, monitoring and evaluation, rights, obligation, and public participation, and others for land acquisition. This regulation only arranges basic land acquisition and there are many technical regulations, including (a) Presidential Regulation No. 71 of 2012, which has been amended by Presidential Regulation No. 40 of 2014, Presidential Regulation No. 99 of 2014, Presidential Regulation No. 30 of 2015 and the most updated one, Presidential Regulation No. 148 of 2015; and (b) Head of Land Agency Regulation No. 5 of 2012 and its amendment.

On valuation of compensation, referring to the Law No. 2 /2012 and its implementing regulations, the valuation of asset loss is to be done by a certified public land appraisal. The valuation will be carried out based on the MAPPI (Indonesian Society of Appraisers) Standards as specified in the MAPPI Guidelines on Land Acquisition Assessment for the Development of Land for Public Interest, defined in the Indonesia Valuation Standards (SPI) 204 (MAPPI, 2018). The Standard follows the same principles as the Law No. 2/2012, in which the determination of the compensation amount is based on the “fair replacement value” which consider the principles of humanity, fairness, usefulness, certainty, transparency, agreement, participation, welfare, harmony and sustainability. The appraisal approach will consider physical and non-physical objects.

3 Presidential Regulation No. 71 of 2012 about execution for land acquisition

• Presidential Regulation No. 71 of 2012 has been amended few times. The key changes are:

• Presidential Regulation No 40 of 2014, changed the threshold of small-scale land acquisition from 1 to 5 hectares, the small-scale land acquisition can be done directly by the institution requiring land through normal land purchase, land exchange or other scheme agreed by both parties (Article 121);

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• Presidential Regulation No. 99 of 2014, which stated that compensation value should be from appraiser or public appraiser;

• Presidential Regulation No. 30 of 2015 (...finance for land acquisition can be sourced from a business entity as the Agency acquiring the land to be given the right to act on behalf of the state, ministerial, non-ministerial government agency, or provincial or district government), it allows a private company assigned by the government to develop public infrastructures to use the Law; and

• Presidential Regulation No. 148 of 2015 includes revisions to the process for handling objections, with a few additional clauses on the requirement for land acquisition for public interest up to 5 ha, as follows:

• Land acquisition for the purpose of public interest development up to 5 hectares has to be suitable with the regional spatial planning (RTRW);

• The process does not require a location determination letter; and

• The agency that requires land must use a public land appraiser for land valuation appraisal

• As in accordance to the Presidential Regulation No. 71/2012 (and minor amendment in the Presidential Regulation No. 148/2015), objections from the public and Project Affected Persons (PAPs) against land acquisition for public interest will be channeled through a formal mechanism. Objections can be proposed at different stages of the government land acquisition process. Summary of the process is presented as follow (these can be exempted for land acquisition of public interest that requires land up to 5 ha):

• During the public consultation, if any objections is raised concerning the proposed location for project development, public consultation should be redone, at the latest 30 working days from the date the minutes of the consultation meeting was signed. Should objections to release the land for public intereststill be raised after the second round of public consultation, the Project proponent could then propose the objections to the local administrative leader (i.e. Nusa Tenggara Barat Province).

• Grievance will be assessed by an Appraisal Team (formed by the Governor) to undertake further assessment on the objections, record the objections, conduct clarification meetings with the objected party, and propose recommendations to receive or reject the grievances. Should it confirm that the objection be received; the Governor has no later than 3 working days to resolve the issue. Depending on the Governor decision, the Project might be asked to relocate the planned development to another area, or to complete

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the Location Permit latest 7 working days from the decision making/ agreement with the objected party.

• In the post disclosure of the land appraisal result, should there be any objection on the inventory and identification of affected land and assets, the community can file for an objection within 14 working days from the announcement of the result. The land acquisition team would then undertake verification and revision of the land inventory and inform the verification result, at the latest 14 working days from the date the grievance was received.

• Objection of compensation, if no agreement is reached on the form and/or amount of compensation, the PAPs can file a complaint with the Province National Administrative Court no later than 14 working days after the appraisal; the court will decide the form and/or the amount of compensation within a period of 30 working days after the submission of objection. If the complainants object to the decision of the Court, he/ she may then appeal to the Supreme Court within a period of 14 working days after the decision of the District Court is issued. The Supreme Court will issue a decision within 30 working days after the appeal is received. The court decision will be the basis of payment of compensation to the complainants.

4 Presidential Regulation No. 62 of 2018 about the management of social impact in the procurement of land for national development

Presidential Regulation No. 62 Year 2018 regarding the management of social impact in the procurement of land for national development (both national and non-national strategic project) was recently issued. It regulates the provision of compensation in the form of money or relocation to non-titled land users. This regulation requires that compensation should consider the cost of mobilization, cost for moving, house rent during the transition period, and loss of income. It also requires the proponent to produce documents on the Social Impact Management Plan in the event that affected government land has been physically used/ controlled by a community consecutively for a minimum of 10 years. The Social Impact Management Plan shall be proposed to the Governor, which subsequently forms an Integrated Team to undertake inventory data collection, compensation appraisal, and to facilitate the grievance management.

5 Ministry of Home Affairs Regulation No. 1/2016 about Village Asset Management

Should any village asset be affected by the tourism development, land acquisition should refer to the Ministry of Home Affairs Regulation No. 1/2016 regarding Village Asset Management that defines different types of village asset, and mechanism to lease or borrow and use a village asset as an alternative of its management. The Village Head is appointed as the authorized holder of the village asset, responsible for its management. The regulation also requires evidence of ownership status of the asset. For leasing the asset, the maximum length of the lease period is three (3) years with an option to extend. This regulation will be used to lease some of the potentially affected government land.

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Applicable Regulation Regarding Indigenous People


1 Law No. 41 of 1999 about forestry

This Regulation concerning indigenous forests – indigenous forest can be utilized by a relevant indigenous law community (Article 37 Paragraph 1) and in the case where indigenous forests have protection and conservation functions, the forest can be utilized provided that this function is not disturbed (Article 37 Paragraph 2).

This regulation is revised through MK Decision Number 35 / PUU-X / 2012, especially in Article 1 number 6 of Law 41/1999 which states the definition of customary forest is "state forest within the territory of customary law communities", converted into "forests within the territory of customary law communities ".

2 Minister of Agrarian/the Head of the National Land Agency Regulation Number 10 of 2016

This regulation arranged Procedure of the Determination of Communal Land Rights of the Indigenous Peoples and Community in Certain Areas – through this regulation, Indonesia government acknowledged the presence of indigenous land.

3 Law No. 18 of 2004 on Plantation

which defined customary community based on five (5) criterias, i.e., (a) they are a community which exist in the communal form; (b) governed by a customary institution; (c) clear customary territory; (d) have an institution and legal instruments, particularly customary judicial system; and (e) existence is confirmed with a local regulation;

4 Law No. 32 of 2009 on Protection and Management of Environment

Law Number 32 of 2009 on Protection and Management of Environment which defined customary community as community groups which have been settled and living for generations within specific geographic areas due to their attachment to the origin of their ancestors; strong relationship with their environment; and due to the existence of a value system that determines the economic, political, social and legal institutions

5 Law No. 6 of 2014 on Village This regulation acknowledged presence of customary village and grants it with the authority to conduct adat-based public administration. Recognition of customary community presence is based on the existence of customary territory.