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Progressive Environmental Law of Indonesia: Global Principles of Stockholm and Rio Declarations as defined within the 2009 act on human environment protection and management

In accordance with the effort of coping and settling more effectively human environment legal problems, as well as natural environment pollution and resources degradation in the country in line with rapid implementation of national development, the Government of Indonesia has time to time been struggling to establish a more progressive national environmental law. Recently, the development of environmental law has come to the progressive era since the enactment of the 2009 Act on human environment protection and management as to replace the 1997 Act on human environment management.

Regulation of the Minister of agriculture of the Republic of Indonesia No. 60/Permentan/OT.140/9/2012 on Recommendation on the Importation of Horticultural Products.

This Regulation provides for the issuance of a Recommendation to Import Horticultural Products to companies that import horticultural products in order to guarantee food safety.Requirements and procedures for obtaining a Recommendation to Import Horticultural Products (RIPH) are set out in the text. Companies which have obtained a RIPH must apply for a Import Agreement issued by the Minister of Trade.The Regulation further provides for control measures on the importation of fresh horticultural products and for sanctions.

Constitution of Indonesia

Preceded by a preamble, the Constitution of the Republic of Indonesia consists of 37 articles, four transitional clauses and two additional provisions. The preamble is composed of four paragraphs and includes a condemnation of any form of colonialism in the world, a reference to Indonesia's struggle for independence, a declaration of independence and a statement of fundamental goals and principles.

Natural Resources Conservation Law

The purpose of this Law is to create an environmentally sustainable development through means of an environmental planning policy, and the rational exploitation, development, maintenance, restoration, supervision and control of the environment.

Protection and Management of the Environment Law (Law 32/2009)

Law 32/2009 on Environmental Protection and Management formally requires national and local governments to develop market-based instruments (MBIs) for environmental management and goes on to identify specific MBIs, including compensation or rewards for environmental services and payments for environmental services.

Act on the Conservation of Biological Resources and their Ecosystems (Act No. 5 of 1990)

The Act establishes the basic principles and the general rules for the management, conservation and use of biological resources, natural habitats and protected areas. As this is a framework law, many of its provisions need to be completed by regulatory texts.

Law on Environmental Protection and Management (Law No. 32 of 2009)

Law 32/2009 on Environmental Protection and Management formally requires national and local governments to develop market-based instruments (MBIs) for environmental management and goes on to identify specific MBIs, including compensation or rewards for environmental services and payments for environmental services.

Law on Mineral and Coal Mining (Law No. 4 of 2009)

This Law provides for national policies for the management and control of mineral and coal mining and for the responsible authorities.The Law further provides for: procedures and criteria for setting mining areas, mining business areas, State reserve areas, smallholder mining areas and special mining business areas; requirements and procedures for obtaining mining business permits, smallholder mining permits and special mining business permits; rights and obligations of permit holders; suspension or expiry of permits; mining service businesses; the use of land for mining business activities; criminal provisions; etc.

Law on Electricity (Law No. 23 of 2009)

This Law provides rules for the development, generation and distribution of electricity.The Law empowers the Government and regional governments to set policies on, regulate, supervise and conduct the supply of electrical power and also assign state-owned and regional government-owned companies to conduct the supply of electrical power.The Minister shall develop a general plan for electricity. Business Permits for the supply of electrical power and operation permits shall be issued by the Government or regional governments. The Act also makes provision for the use of land to carry out the supply of electrical power. Holders of permits for the supply of electrical power shall provide land compensation or compensation to the holders of right to the land, buildings and plants according to the Law.

Law on Agriculture, Fishery, and Forestry Extension System (Law No. 16 of 2006)

This Law regulates agricultural, fishery and forestry extension system with the purpose of developing capability, knowledge, skill as well as behaviour of communities inside and around forest areas, farmers, breeders, fishermen, fish breeders, etc., and of corporations which manage agricultural, fishery and forestry business.Extension strategies shall be organized by government extension institutions, private extension institutions and self-initiative extension institutions as provided for in the text. The Law further provides for the following: counsellors in charge of carrying out extension; extension programs; sources of financing to fulfil extension costs; penalties; etc.