REGULATION OF THE MINISTER OF ENVIRONMENT AND FORESTRY

REPUBLIC OF INDONESIA

NO P.16/MENLHK/SETJEN/KUM.1/2/2017

CONCERNING

TECHNICAL GUIDELINES FOR RECOVERY PEAT ECOSYSTEM FUNCTION

BY THE GRACE OF GOD ALMIGHTY

THE MINISTER OF ENVIRONMENT AND FORESTRY OF THE REPUBLIC OF

INDONESIA,

Review : a. To enhance the efforts to protect the functions of vulnerable and

damaged Peat Ecosystems, protective measures are needed so that the
ecological function of Peat Ecosystems in supporting biodiversity
conservation, water management, as a store of carbon stocks, oxygen
producers, and climate balancing can be maintained;
b. Based on the provisions of Article 26 and Article 30 paragraph (4)
Government Regulation No.71 of 2014 concerning Protection and
Management of Peat Ecosystem, as amended through Government
Regulation No. 57 of 2016 concerning Amendments to Government
Regulation No. 71 of 2014 concerning Protection and Management of
Peat Ecosystem, in order to controlling Peat Ecosystem, guidelines for
restoration of Peat Ecosystem functions are needed;
c. Based on the considerations referred to in points a and b, it is necessary

to stipulate a Regulation of the Minister of Environment and Forestry

concerning Technical Guidelines for the Restoration of Peat Ecosystem

Functions;

Considering : 1. Law No. 41 of 1999 concerning Forestry (State Gazette of the

Republic of Indonesia of 1999 No. 167, Supplement to the State
Gazette of the Republic of Indonesia No. 3888) as amended by Law
No. 19 of 2004 concerning Establishment of Government Regulations
in Lieu of Law No. 1 of 2004 regarding Forestry into Law (Statute
Book of the Republic of Indonesia No. 86/2004, Supplement to Statute

Book of the Republic of Indonesia No. 4412);

2. Law No. 32 of 2009 concerning Environmental Protection and
Management (State Gazette of the Republic of Indonesia of 2009 No.
140, Supplement to the State Gazette of the Republic of Indonesia No.
5059);
3. Law No. 23 of 2014 concerning Regional Government (State Gazette
of the Republic of Indonesia No. 244 of 2014, Supplement to the State
Gazette of the Republic of Indonesia No. 5587), as amended several
times, the latest by Law No. 9 of 2015 concerning the Second
Amendment to the Law No. 23 of 2014 concerning Regional
Government (State Gazette of the Republic of Indonesia 2015 No. 58,
 Supplement to the State Gazette of the Republic of Indonesia;
4. Law No. 39 of 2014 concerning Plantations (State Gazette of the
Republic of Indonesia of 2014 No. 308, Supplement to the State
Gazette of the Republic of Indonesia No. 5613);
5. Government Regulation No. 27 of 2012 concerning Environmental
Permits (State Gazette of the Republic of Indonesia of 2012 No. 48,
Supplement to the State Gazette of the Republic of Indonesia No.
5285);
6. Government Regulation No. 71 of 2014 concerning Protection and
Management of Peat Ecosystem (State Gazette of the Republic of
Indonesia of 2014 Number 209, Supplement to the State Gazette of the

Republic of Indonesia No. 5580) as amended by Government

Regulation of the Republic of Indonesia No. 57 of 2016 concerning
Amendments to Government Regulation No. 71 of 2014 concerning
Protection and Management of Peat Ecosystem (State Gazette of the
Republic of Indonesia 2016 No. 260, Supplement to the State Gazette
of the Republic of Indonesia No. 5957);
7. Presidential Regulation No. 16 of 2015 concerning the Ministry of
Environment and Forestry (State Gazette of the Republic of Indonesia
2015 No.17);
8. Regulation of the Minister of Environment and Forestry No.P.18 /
Menhut-II / 2015 concerning the Organization and Work Procedures of

the Ministry of Environment and Forestry (State Gazette of the

Republic of Indonesia 2015 No. 713);

DECIDING :

Stipulate : REGULATION OF THE MINISTER OF ENVIRONMENT AND FORESTRY

ON RECOVERY TECHNICAL GUIDELINES PEAT ECOSYSTEM
FUNCTION.

CHAPTER I

GENERAL PROVISIONS

Article 1

In this Ministerial Regulation what is meant by:

1. Peat is organic material that is formed naturally from the remnants of plants that are
imperfectly decomposed with a thickness of 50 (fifty) centimeters or more and
accumulates in the swamp.
2. Peat Ecosystem is a structure of Peat elements which is a comprehensive whole that
affects each other in shaping their balance, stability and productivity.
3. Hydrological Peat Unity is a Peat Ecosystem located between 2 (two) rivers, between
rivers and the sea, and / or in swamp.
4. The Peat Dome is an area of Peat Hydrological Unity that has a higher topography than
the surrounding area, so that it naturally has the ability to absorb and store more water,
and supply water to the surrounding area.
5. The function of Peat Ecosystem Protection is the structure of Peat elements that have
certain characteristics that have the main function in the protection and balance of water
systems, storing carbon stocks, and conserving biodiversity to be able to preserve the
functions of Peat Ecosystems.
6. Peat Ecosystem Cultivation Function is a structure of peat elements that has certain
characteristics that have a function in supporting the productivity of Peat Ecosystems
through cultivation activities in accordance with the carrying capacity to be able to
preserve the functions of Peat Ecosystems.
7. Recovery of Peat Ecosystem Functions is an activity undertaken to restore the
characteristics and functions of Peat Ecosystems according to or close to their original
nature and function through natural succession, hydrological restoration, rehabilitation
of vegetation, and / or other means consistent with the development of science and
technology.
8. Hydrological Restoration is an effort to restore the peatland water system to make the
Peat Ecosystem or its parts wet and function again as before.
9. Vegetation Rehabilitation is an effort to restore and improve the function of Peat
Ecosystems through vegetation planting so that productivity and its role in supporting
life support systems are maintained.
10. Natural succession is recovery without human intervention.
11. Revegetation is an effort to restore land cover in Peat Ecosystem by planting native
plant species in protected function or with other types of plants that are adaptive to
wetlands and have economic value in the cultivation function.
12. Environmental Permit is a permit given to every person who carries out a business and /
or activity that is required by the Environmental Impact Assessment or UKL-UPL in
the context of environmental protection and management as a prerequisite for obtaining
a business and / or activity permit.
13. Peat Re-Weting is a activity of wet peat material that dries due to human activities
which causes the peatland water level to fall by increasing the water level and surface
water level of the Peat.
14. Business Work Plan, hereinafter abbreviated as RKU, is a work plan for the entire
IUPHHK work area for a period of 10 (ten) years, including but not limited to aspects
of forest preservation, business sustainability, aspects of environmental balance and
socio-economic development of the local community.
15. Water construction is a building that has a function to control the flow rate of water.
16. Canal Bulkhead is a form of water construction in the form of a partition made in a
canal that has existed in the Peatland to prevent water subsidence in Peatland so that the
surrounding Peatland remains wet and difficult to burn.
17. Every person is an individual or business entity, both legal entity and non-legal entity.
18. Regional Government is the head of the region as the organizer of the Regional
Government who leads the implementation of government affairs which are the
authority of the autonomous region.
19. Minister is the minister who organizes government affairs in the field of environmental
protection and management.
20. Director General is the director general who is responsible for controlling pollution and
environmental damage.

Article 2

This Ministerial Regulation aims to provide guidance technical recovery of Peat Ecosystem
functions for:
a. Government;
b. Regional government;
c. Community, including customary law community; and
d. Person in charge of business and / or activity.

Article 3

(1) Recovery of the functions of Peat Ecosystem is carried out for Peat Ecosystem that
are damaged in:
a. Peat Ecosystem with protected function; or
b. Peat Ecosystem with a cultivation function.

(2) Peat Ecosystem with protected function suffer damage as referred to in paragraph (1)
point a, if they exceed the standard criteria of damage as following:
a. there is artificial drainage;
b. exposure to pyrite and / or quartz sediments in under the Peat layer; and / or
c. a reduction in the area and / or volume of cover land.
(3) Peat Ecosystem with damaged cultivation function as referred to in paragraph (1)
point b, if they meet the following criteria:
a. ground water level in Peatlands is more than 0.4 (zero point four) meters
below the surface of the Peat at the point of compliance; and / or
b. exposure to pyrite and / or quartz sediments in under the Peat layer.
(4) In addition to the damage criteria of the Peat Ecosystem function as referred to in
paragraph (2) and paragraph (3), the damage criteria can also be generated from the
results of spatial analysis confirmed by field survey activities.

Article 4

(1) The Peat Dome is part of the Ecosystem Functioning peat.

(2) Peat dome within the business area not yet carried out cultivation must be maintained
as Peat Ecosystem with protected functions.
(3) The Peat Dome in the cultivated business area is a peat ecosystem with a protected
function, can still be harvested, is prohibited from replanting after harvesting, and
must perform recovery.
(4) Recovery as referred to in paragraph (3), done by making a partition on the canal and
natural succession recovery.
(5) In the case of natural succession referred to in paragraph (4) no succeeded, then by
order of the Director General, planting was carried out with native plant species as
referred to in this Ministerial Regulation.

Article 5

Restoration of Peat Ecosystem functions as intended Article 4 is implemented by:

a. Minister for conservation forest areas that are not encumbered with a business
license and / or activity in accordance with statutory provisions;
b. Provincial Regional Government or Regency / City Regional Government in
accordance with their authority to:
1. protected forest areas that are not encumbered with a business license and/or
activity;
2. area of production forest that is not encumbered with a business license and
/or activity;
 3. a grand forest park that is not encumbered with a business license and / or
activity; and
4. other use areas, including land managed by communities and/or customary law
community;
c. Person in charge of business and / or activity, for the area business and / or
activity.

Article 6

(1) The person in charge of the business and / or activity is obliged to carry out the
restoration of the function of the Peat Ecosystem within a period of no longer than 30
(thirty) days after the damage is detected.
(2) The person in charge of the business and / or activity must carry out the restoration of
the function of the Peat Ecosystem due to a fire.

Article 7

(1) The determination of the day the damage occured as referred to in Article 6 paragraph

(1) is determined by the Director General after verification in accordance with the
provisions of the legislation.
(2) In the event of a fire and / or damage as referred to in paragraph (1) caused by fire, the

Director General shall determine the initial occurrence of the damage after the
determination of the start of the fire by the director general responsible for forest fire.

Article 8

(1) Restoration of Peat Ecosystems by Business License holders Utilization of Natural

Forest Timber Forest Products, Business Permits for the Utilization of Timber Forest
Timber Products, or Business Permits for the Utilization of Timber Forest Products
for Ecosystem Restoration, are carried out on the basis of spatial changes and changes

in the Business Work Plan (RKU).

(2) The order to carry out the recovery of the Peat Ecosystem as referred to in paragraph
(1) shall be carried out no later than 7 (seven) working days since the determination of

the day of the occurrence of damage as referred to in Article 7 paragraph (1).

Article 9

Restoration of Peat Ecosystems in unlicensed areas is carried out by the Government,

Provincial / Regency / City Regional Governments or those responsible for activities
according to their authority in a planned manner in consultation with the Director General.

Article 10

(1) In terms of that the person in charge of a business and / or activity does not recover
after 30 (thirty) days after stipulation as referred to in Article 6 paragraph (1) and
Article 8 paragraph (2), the Minister, Provincial Government, or Regency / City
Government in accordance with its authority to determine a third party to restore the
 function of the Peat Ecosystem on the cost burden borne by the person in charge of
the business and / or activity
(2) In terms of that the person in charge of an activity does not recover after 30 (thirty)
days after stipulation as referred to in Article 9, the Minister instructs the
implementation of the recovery to the Provincial Regional Government, and Regency
/City Regional Government on costs charged to the person responsible for the
activity.
(3) In the event that the Provincial Regional Government and Regency / City Regional
Government do not implement as referred to in paragraph (2), the Minister shall take
steps in accordance with the provisions of the legislation.
(4) The recovery as referred to in paragraph (1) and paragraph (2) must involve the
community around the business area and / or activity.

CHAPTER II
RECOVERY STAGE OF PEAT ECOSYSTEM FUNCTION

Article 11

Recovery of the function of Peat Ecosystem is done through stages:

a. planning;
b. implementation; and
c. assessment.

Article 12

(1) The planning for recovery of the function of the Peat Ecosystem as referred to in
Article 11 letter a is based on the results of the field survey or the results of analysis
of
spatial data as referred to in Article 7, and based on changes in spatial planning and
changes to the Business Work Plan (RKU) as referred to in Article 8.
(2) If necessary for planning for the recovery of the function of the Peat Ecosystem,
information other than information as referred to in paragraph (1) may be used as
supporting information.
(3) The plan to restore the function of the Peat Ecosystem as referred to in paragraph (1)
and paragraph (2) contains:
a. recovery location;
b. area of recovery land;
c. recovery methods;
d. component and schedule of activity;
e. cost plan;
f. implementation management;
g. achievement target per 6 (six) months; and / or
h. monitoring technique and schedule.
(4) The recovery plan shall be prepared no later than 14 (fourteen) working days after
obtaining the determination of the day the damage began from the Director General as

referred to in Article 7 paragraph (1).

(5) The Recovery Plan document as referred to in paragraph (3) shall be submitted to the
Director General.

Article 13
(1) Recovery of the function of Peat Ecosystem is done by carrying out:
a. rehabilitation;
b. natural succession;
c. restoration; and / or
d. other ways in accordance with the development of science and technology.
(2) The time to begin the recovery of the function of the Peat Ecosystem as referred to in
paragraph (1) is no later than 14 (fourteen) working days from the submission of the
recovery plan as referred to in Article 12 paragraph (5).

Article 14

(1) Recovery by means of rehabilitation as referred to in Article 13 paragraph (1) letter a,

is carried out by revegetation or replanting in the area of:
a. ex burn;
b. ex-logging,
c. open with rare vegetation conditions;
d. ex burn that have experienced natural succession (according to need and after
technical assessment); and / or
e. ex selective logging.
(2) Rehabilitation activitiy is carried out by prioritizing native plant species and have
considered:
a. land suitability;
b. environmental aspects;
c. social aspects; and
d. economic aspects.
(3) The types of native plants referred to in paragraph (2) that can be used for
rehabilitation activities are listed in the Appendix which is an integral part of this
Ministerial Regulation.

Article 15

Natural succession as referred to in Article 13 paragraph (1) point b is carried out on

canalized Peat Ecosystem that have been sealed off and there are no disturbances from
activities human.

Article 16

The restoration activity as referred to in Article 13 point c is carried out to make the Peat
Ecosystem or parts thereof function as before, through the construction of peat wetting
infrastructure which includes:
a. water construction;
b. water reservoirs;
c. canal hoarding; and / or
d. pumping water.

Article 17

(1) Water construction as referred to in Article 16 point a includes:

a. canal bulkhead;
b. reservoir; and
c. other water construction.
(2) The construction of canal bulkhead as referred to in paragraph (1) point a must figure
out:
a. ground water level;
b. the height of the canal and drainage canal tops, if the canal bulkhead is equipped
with a drain; and
c. difference in groundwater level in the upper part of the canal bulkhead and the
downstream part.

CHAPTER III
ASSESSMENT OF SUCCESS IN THE FRAMEWORK OF PEAT ECOSYSTEM
FUNCTION

Article 18

(1) Recovery the function of the Peat Ecosystem is declared success if:
a. non-pyrite sediment and / or quartz below the Peat layer at the point of
compliance;
b. ground water level in Peatland is less than 0.4 (zero point four) meters below
the surface of the Peat at the point of compliance;
c. better than the standard criteria for damage to Peat Ecosystem stipulated in the

Environmental Permit;
d. better than the standard damage spatial analysis results from field survey
activity or data analysis and information scale of 1: 250,000 (one in two
hundred fifty thousand) or the results of monitoring compliance points; and /
or
e. the amount of plants that grow healthy is at least 500 (five hundred) stems /
hectare in the third year.
(2) Water management system and water construction for the recovery of Peat Ecosystem

must be established in the first 6 (six) months.

(3) Improvement of ground water level to reach less than 0.4 (zero point four) meters
below the surface of the Peat should be seen improvement within 3 (three) months
fcounted since the water construction was built.

Article 19

(1) The Person in charge of business and / or activity is responsible for the successful
recovery of the function of the Peat Ecosystem.
(2) The Person in charge of business and / or activity submits a success report in
accordance with the achievement target in the recovery planning every 6 (six) months
to the Director General.
(3) The Director General assesses the success of the recovery of the function of the Peat
Ecosystem.
(4) For the assessment of the successful recovery of the function of the Peat Ecosystem as

referred to in paragraph (3), the Director General is assisted by a Technical Team

appointed by the Minister.

Article 20
(1) Based on the report of the results of the success assessment referred to in Article 19,
the Director General shall assess whether or not he has succeeded in whole or in part.
(2) Toward the results of the assessment which have been declared to be not successful in

whole or in part, the Director General:

a. give a warning;
b. take step in accordance with the provision laws and regulations;
c. appoint another party to restore the function of the Peat Ecosystem with costs
charged to the person in charge of the business and / or activity.

CHAPTER IV
FINANCING

Article 21

Costs for implementing the recovery of Peat Ecosystem function:

a. in Peat Ecosystem areas that are not encumbered with business licenses and /
or activities are charged to the State Budget (APBN), Regional Budget
(APBD), or other legal sources in accordance with statutory provisions.
b. in the Peat Ecosystem areas which are encumbered with a business license and

/ or activity is charged to the person in charge of the business and / or activity.

CHAPTER V
SANCTIONS

Article 22

(1) In terms of the person in charge of a business and / or activity does not carry out the
restoration of the function of the Peat Ecosystem, government coercion sanction will
be imposed and sanctions can be further increased based on the level of compliance
with obligation in accordance with statutory provisions.
(2) In terms of the person in charge of a business and / or activity ignore and does not
fulfill the obligation referred to in paragraph (1), a criminal sanction process will be
carried out in accordance with statutory provisions.

CHAPTER VI
TRANSITIONAL PROVISIONS

Article 23

With the enactment of this Ministerial Regulation:

a. The person in charge of a business and / or activity must revise the Spatial
Plan, Business Work Plan (RKU), Business Plan Document, Management Plan

Document or the like to be adjusted to this Ministerial Regulation.

b. The person in charge of a business and / or activity must submit an application

for an amendment to the Environmental Permit as a result of a change in the

function of the Peat Ecosystem in accordance with this Ministerial Regulation.
 CHAPTER VII
CONCLUDING PROVISIONS

Article 24

This Ministerial Regulation shall come into force on the date of promulgation.

For public cognizance, this Ministerial Regulation shall be promulgated by placing it in the
State Gazette of the Republic of Indonesia.

Established in Jakarta

On February 9, 2017
THE MINISTER OF ENVIRONMENT AND FORESTRY
OF THE REPUBLIC OF INDONESIA,

ATTACHMENT

REGULATION OF THE MINISTER OF ENVIRONMENT AND FORESTRY OF THE

REPUBLIC OF INDONESIA

NO. P.16/MENLHK/SETJEN/KUM.1/2/2017
CONCERNING
TECHNICAL GUIDELINES FOR RECOVERY PEAT ECOSYSTEM FUNCTION

TYPES OF PLANTS FOR RECOVERY PEAT ECOSYSTEMS WITH REHABILITATION

ACTIVITIES

Table 1. Types of plants based on location conditions.

NO LOCATION PLANT TYPE

CONDITIONS
 1. The area:
- Mild / moderate ex burn
- Used felling
- Open area (rare
vegetation)
2. The area:
- Ex Burn that has undergone
natural succession
- ex selective logging
- Medium vegetation cover
3. The area:
- ex selective logging
- There are still many trees
found
- Vegetation cover is still high
- has lost a type of
commercial plant (high value)
Table 2. Types of plants by benefit group.
NO GROUP OF BENEFITS
1. Food producer (including fruit,
carbohydrate, protein, seasoning
and fat / oil sources)
2. Fiber producer (as a substitute for
pulp and paper raw material)
- Jelutung rawa (Dyerapolyphylla)
- Perepat (Combretocarpusrotundatus)
- Belangiran (Shoreabalangeran)
- Perupuk (Lophopetalum sp.)
- Pulai rawa (Alstoniapneumatophora)
- Rengas manuk (Syaygium sp.)
- Terentang (Campnosperma coriaceum)
- Meranti rawa (Shorea pauciflora,Shorea
tesmanniana, Shorea uliginosa)
- Merapat (Combretocarpus rotundatus)
- Durian (Durio carinatus)
- Ramin (Gonystylus bancanus)
- Punak (Tetramerista glabra)
- Kempas (Koompassia malaccensis)
- Resak (Vatica rassak)
- Kapur Naga (Calophyllum macrocarpum)
- Nyatoh (Palaquium spp.)
- Bintangur (CalaphyllumHosei)
- Meranti rawa (Shorea pauciflora,
- Shorea tesmanniana, Shorea uliginosa)
- Ramin (Gonystylus bancanus)
- Punak (Tetramerista glabra)
- Balam (Palaquium rostratum)
-Kempas (Koompassia malaccensis)
- Rotan (Calamus spp)
- Gemor (Nothaphaebe spp.,
- Alseodaphne (bernilai tinggi) spp.)
PLANT TYPE
- Sagu (Metroxylon spp.)
- Asam kandis (Garcinia xanthochymus)
- Kerantungan (Durio oxleyanus)
- Pepaken (Durio kutejensis)
- Mangga kasturi (Mangifera casturi)
- Mangga kueni (Mangifera odorata)
- Rambutan (Nephelium spp.)
- Nipah (Nypa fruticans)
- Kelakai (Stenochlaena palustris)
- Tengkawang (Shoreastenoptera,
S.macrophylla)
- Geronggang (Cratoxylum arborescens)
- Terentang (Campnosperma auriculatum)
- Gelam (Melaleuca cajuputi)
3.
Bio-energy sources (wood pellets, - Gelam (Malaleuca cajuputi)
briquettes, bio-ethanol) - Sagu (Metroxylon sago)
- Nipah (Nypa fruticans)

4. Latex / latex producer

- Jelutung (Dyera polyphylla)
- Nyatoh (Palaquium leiocarpum)
- Sundi (Payena spp., Madhuca spp.)

5. Source of medicines
- Akar kuning (Coscinium fenestratum)
- Pulai (Alstonia pneumatophora)

6. Other Follow-on forest products

- Gaharu (Aquilaria sp.)
- Gemor (Alseodaphne sp.)
- Purun tikus (Elaeocharis dulcis)
- Rotan irit (Calamus trachycoleus)

7. wood yield
- Ramin (Gonystylus bancanus)
- Meranti merah (Shorea macrantha, Shorea
balangeran)

THE MINISTER OF ENVIRONMENT AND FORESTRY OF

THE REPUBLIC OF INDONESIA,