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ACT OF THE REPUBLIC OF INDONESIA

NUMBER 5 IN THE YEAR OF 1990
REGARDING
BIOLOGICAL NATURAL RESOURCES CONSERVATION
AND ITS ECOSYSTEM

THE PRESIDENT OF THE REPUBLIC OF INDONESIA,

Considering: a. that the biological natural resources of Indonesia and its

ecosystem having a very important position and role for life
are a gift from GOD ALMIGHTY, therefore it is necessary to
manage and utilize it continuously, in harmony and in line
with, as well as in a balanced way, for the welfare of the
Indonesian community in particular, and for human beings in
general, either now or in the future;
b. That the biological natural resources development and its
ecosystem are in principle an integral part of the continuous
National Development as an application of "Pancasila". (Five
Principles);
c. That the biological natural resources element and its
ecosystem are basically dependable on-and influence one and
another, so that any damage and extention will cause a
disturbance on its ecosystem;
d. That in order to ensure, that the biological natural resources
utilization can continue in the best possible way conservation
steps shall be required, so that the biological natural resources
and its ecosystem shall always be maintained and able to
create a balance and become inherent to the development
itself;
e. That the still prevailing and existing legislative regulations
constitute a partial legal product of the colonial government
inheritance, so that it is necessary to revoke it, because it is not
pursuant anymore to the legal development and the national
interest;
f. That the existing legislative regulations of the National legal
product do not yet entirely accommodate and regulate the
biological natural resources conservation and it ecosystem;
g. That in relation to the above matters, it is deemed necessary to
stipulate provision biological natural resources conservation
and its ecosystem, in a Law.

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In view of: 1. Article 5 paragraph (1), article 20 Paragraph (1) and article 33
of the 1945 Constitution;
2. Law No. 5 of 1967 re-Forestry basic provisions (State Gazette
of 1967 No. 8, Supplement to State Gazette No. 2823);
3. Law No. 4 0f 1982 re-basic provisions on environmental
Management (State Gazette of 1982 No. 12, Supplement to
State Gazette No. 3215);
4. Law No. 20 of 1982 re-basic provisions on State Defense and
Security of The Republic of Indonesia (State Gazette of 1988
No. 3, Supplement to State Gazette No. 3368);
5. Law No. 9 of 1985 re-Fishery (State Gazette of 1985 No. 46,
Supplement to State Gazette No. 3299).

WITH THE APPROVAL OF

THE HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA

DECIDED

To Stipulate: LAW OF THE REPUBLIC OF INDONESIA RE BIOLOGICAL

NATURAL RESOURCES CONSERVATION.

CHAPTER I
GENERAL PROVISIONS

Article 1
In this Act the following definition apply:
1 A biological natural resources shall be biological elements in nature, consisting
of flora and fauna biological natural resources which together with the non-
biological elements around it, as a whole form an ecosystem;
2 The biological natural Resources Conservation is the management of
biological natural resources, of which the utilization is wisely performed to
ensure its supply continuity, by still maintaining and improving its variety and
value quality;
3 The biological natural resources ecosystem shall be a reciprocal relationship
system among elements in nature, either biologically or non-biologically, which
are mutually dependent on and influencing one another;
4 Flora are all kinds of flora natural resources, either living on land or in water;

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5 Fauna are all kinds of biological natural resources, either living on land and/or
in water, and/or in the air;
6 Wild Flora shall be plants, living in the free nature and/or cultivated, still
possessing the purity of its species;
7 Wild Fauna shall be all animals, living on land, and/or in water, and/or in the
air, still possessing wild features, either those living freely or kept by human
beings;
8 Habitat shall be an environment, where flora and fauna can live and develop
naturally;
9 A natural reserve Zone shall be a zone with certain specific features either on
land or in water, having the basic function as a Preservation Zone of flora and
fauna varieties as well as its ecosystem, which also function as alive supporting
system territory;
10 Natural Reserve shall be a natural reserve Zone which, because of its natural
condition, possesses fauna, flora and its ecosystem, or a certain ecosystem
which should be protected and its development is proceeding naturally;
11 Wild-life Reserve shall be a natural reserve Zone having specific features,
constituting a variety and/or uniqueness of fauna species, which for their life
continuity, can be promoted in respect to their habitat;
12 Biosphere Reserve shall be a Zone, consisting of an original and unique
ecosystem, and/or an ecosystem, which has experienced a degradation, of
which the entire natural elements are protected and preserved for research and
education purposes;
13 A preservation zone is a zone with certain specific features, either on land or in
water, having the function to protect the life supporting system, the
preservation of the variety of flora and fauna species and the preserved
utilization of biological natural resources and its ecosystem;
14 Natural Park is a natural preservation zone, having an original ecosystem,
managed with the zonal system, utilized for research, scientific, educational,
culture supporting tourism and recreation purposes;
15 Grand Forest Park is a natural preservation zone, for the purpose of flora
and/or fauna collection, naturally or artificially, original or non-original species,
utilized for research, scientific, educational, culture supporting tourism and
recreation purposes;
16 Tourism Park is a natural preservation zone, mainly utilized for tourism and
nature recreation.

Article 2
Biological natural Resources Conservation and its ecosystem shall have the principle
of preservation ability and utilization of the biological natural resources and its
ecosystem harmoniously and in a balanced way.

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 Article 3
Biological natural resources Conservation and its ecosystem shall have the purpose to
endeavor the realization of a biological natural resources preservation and its
ecosystem balance, so that it can better support the efforts of increasing the
community's welfare and the human life quality.

Article 4
The biological natural resources Conservation and its ecosystem shall be the
responsibility and obligation of the Government and the Community.

Article 5
The biological natural resources Conservation and its ecosystem shall be carried out
through the following activities:
a. Protection of the life support system.
b. Preservation of flora and fauna species variety and its ecosystem.
c. Utilization in a preserved way of the biological natural resources and its
ecosystem.

CHAPTER II
PROTECTION OF THE LIFE SUPPORT SYSTEM

Article 6
A life support system is a natural process of various biological and non-biological
elements, guaranteeing the preservation of creatures.

Article 7
The protection of the life support system is destined for the maintenance of the
ecological process, supporting the life continuity for increasing the community's
welfare and human life quality.

Article 8
(1) In order to realize the objectives as meant in article 7, the government shall
stipulate:
a. Certain territories as life support system protection territories;
b. The basic pattern of the promotion on the life support system protection
territory;

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 c. Arrangement of the utilization procedure of the life support system
protection territory.
(2) The further provisions as meant in paragraph (1) shall be regulated with a
Government Regulation.

Article 9
(1) Every holder of land right and exploitation right in waters in a life support
system territory, is obliged to ensure the continuity of said territorial protection
system function;
(2) In the framework of the life support system protection implementation the
Government shall Regulate and take disciplining actions towards the utilization
and management of land and the exploitation right in waters, located in a life
support system protection territory, as meant in article 8;
(3) The disciplining actions as meant in paragraph (1), shall carry of pursuant to the
effective legislative regulations.

Article 10
Life supporter system territory, experiencing natural damage and/or due to its
utilization and due to other causes shall be followed by planned and continuous
rehabilitation efforts.

CHAPTER III
PRESERVATION OF FLORA AND FAUNA SPECIES VARIETY
AND ITS ECOSYSTEM

Article 11
The preservation of Flora and Fauna Varieties and its ecosystem, shall be carried-out
through the following activities:
a. Preservation of Flora and Fauna varieties and its ecosystem;
b. Preservation on Flora and Fauna species.

Article 12
The preservation of Flora and Fauna varieties and its ecosystem shall be implemented
by ensuring the intactness of the natural reserve zone, in order to remain in the
original condition.

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 Article 13
(1) The preservation of Flora and Fauna species shall be implemented within and
outside the natural reserve zone;
(2) The preservations of Flora and Fauna species in a natural reserve zone shall be
carried-out by leaving them alone, in order that the population of all flora and
fauna species are still balanced, according to the natural process in their habitat;
(3) The preservations of Flora and Fauna species outside the natural reserve zone
shall be carried-out by ensuring and multiplying the flora and fauna species, in
order to prevent danger of extension.

CHAPTER IV
NATURAL RESERVE ZONES

Article 14
A natural reserve zone as meant in article 12, shall consist of:
a. natural reservation;
b. wild life reserve.

Article 15
A Natural reserve zone, beside having the basic function as a preservation zone of
Fauna and Flora varieties and its ecosystem, shall also function as a life support
system protection territory as meant in article 8 paragraph (1).

Article 16
(1) The management of a natural reserve zone shall be implemented by the
Government as an effort of Fauna and Flora varieties preservation and its
ecosystem;
(2) The further provisions required for the stipulation and utilization of a territory
as a natural reserve zone, and the stipulation of the adjacent as a support area,
shall be regulated with a Government Regulation.

Article 17
(1) Inside a nature preserve activities can be conducted for research and
development, scientific, educational purpose and another activities, supporting
the cultivation;
(2) Inside a wild life reserve activities can be conducted for research and
development, scientific, educational, limited tourism and other activities
supporting the cultivation;
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(3) The further provisions as meant in paragraphs (1) and (2) shall be regulated
with a Government Regulation.

Article 18
(1) In the framework of International conservation cooperation, particularly in the
activities as mentioned in article 17, the natural reserve zone and certain other
zone can be stipulated as a biosphere reservation;
(2) The stipulation of a natural reserve zone and a certain other zones as a
Biosphere Reservation shall be further regulated with a Government
Regulation.

Article 19
(1) Any person shall be prohibited to conduct activities which can cause a change
in the intactness of a natural reserve zone;
(2) The provision as meant in paragraph (1) shall not include the habitat promotion
activities for the interest of Fauna within a wild life reserve;
(3) A change in the intactness of a natural reserve zone, as meant in paragraph (1),
shall cover the decrease and elimination of the function and extent of a natural
reserve zone as well as the addition of other flora and fauna species, which are
not original.

CHAPTER V
PRESERVATION OF FLORA AND FAUNA VARIETIES

Article 20
(1) Flora and Fauna are classified in the following types:
a. Protected Flora and Fauna;
b. Unprotected Flora and Fauna.
(2) The types of protected Flora and Fauna as meant in paragraph (1), are classified
into:
a. Flora and Fauna in danger of extinction;
b. Flora and Fauna, of which the population is scarce.
(3) The further provisions as meant in paragraph (2), shall be regulated with a
Government Regulation.

Article 21
(1) Any person is prohibited to:
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 a. Take, cut, possess, damage, destroy, cultivate, transport, and trade in
protected flora or parts there-of in live-or-dead condition.
b. Bring out protected flora or parts there-of in live-or-dead condition from
one place to another, within or outside Indonesia.
(2) Any person is prohibited to:
a. catch, injure, kill, keep, posses, care for, transport and trade in protected
fauna in live condition;
b. keep, possess, care for, transport and trade in protected fauna in dead
condition;
c. bring out protected fauna from one place in Indonesia to another within-
or outside Indonesia;
d. trade, keep-or posses hides, bodies or other parts of protected fauna, or
goods made of parts of said fauna, or bring out from one place in
Indonesia to another within- or outside Indonesia;
e. take, damage, destroy, trade, keep or possess eggs and/or nests of
protected fauna.

Article 22
(1) Any exception from the prohibition as meant in article 21, can only be
conducted for research, scientific and/or saving purposes of the flora and fauna
species concerned.
(2) Included in saving as meant in paragraph (1), shall be the supply or exchange of
flora and fauna species to another party abroad, with a Government Permit.
(3) Any exception from the prohibition to catch-, injure-, and kill-protected fauna
can also be conducted in case due to a cause, where the protected fauna
endangers human life.
(4) The further provisions as meant in paragraph (1), (2) and (3), shall be regulated
with a Government Regulation.

Article 23
(1) If required, import of flora and wild life can be conducted from abroad into the
territory of the Republic of Indonesia.
(2) The further provisions as meant in paragraph (1), shall be regulated with a
Government Regulation.

Article 24
(1) If a violation occurs against the prohibition as meant in article 21, then said flora
and fauna shall be confiscated for the State.
(2) The protected flora and fauna species or parts there-of, which are confiscated
for the State, shall be returned to their habitat or surrendered to institutions,
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 operating in the flora and fauna conservation sector, except if their condition is
already impossible for utilization, so that it is evaluated, better to be destroyed.

Article 25
(1) The preservation of protected flora and fauna species can only be performed in
the form of care/cultivation or multiplication by institutions established
therefor.
(2) The further provisions as meant in paragraph (1), shall be regulated with a
Government Regulation.

CHAPTER VI
CONTINUOUS UTILIZATION OF
BIOLOGICAL NATURAL RESOURCES AND THEIR ECOSYSTEM

Article 26
The continuous utilization of biological natural resources and their ecosystem shall be
carried-out through:
a. the utilization of the environmental condition of the natural preservation zone;
b. the utilization of flora and wild life species.

Article 27
The utilization of environmental condition of natural preservation zone shall be
carried-out by still ensuring the preservation of the zone function.

Article 28
The utilization of flora and wildlife species shall be carried-out with due observance
of the preservation of potential, supporting capacity, and the flora and wildlife
species variety.

CHAPTER VII
NATURE PRESERVATION ZONE

Article 29
(1) A nature preservation zone as meant in article 1 figure 13, shall consist of:
a. national park;
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 b. grand forest park;
c. nature tourism park.
(2) The further provisions on the stipulation of a territory as an adjacent territory as
a support area shall be regulated with a Government Regulation.

Article 30
A nature preservation zone has the function of protecting the life support system, the
preservation of the flora and fauna species variety and the continuous utilization of
biological natural resources and their ecosystem.

Article 31
(1) Within a national park, grand forest park, and nature tourism-park, activities
for the purpose research, science, education, cultivation to support, culture and
nature tourism, can be performed.
(2) The activities as meant in paragraph (1) shall be performed without prejudice to
the basic function of the respective zones.

Article 32
National park zones shall be managed with the zonal system, consisting of nucleus
zone, utilization zone and other zones pursuant to the requirement.

Article 33
(1) Any person is prohibited to perform activities, which can cause a change in the
nucleus zone intactness of a national park.
(2) The change in the national park nucleus zone intactness as meant in paragraph
(1), shall cover: decreasing-, eliminating the function and extent of the national
park nucleus zone, and increasing the other flora and fauna species, which are
not original.
(3) Any person is prohibited to conduct activities, not pursuant to the utilization
zone function and other zones of a national park, grand forest park and nature
tourism-park.

Article 34
(1) The management of a national park, forest park and nature tourism park shall
be implemented by the government.
(2) Within a national park utilization zone, a grand forest park and nature tourism
park, tourism facilities, based on the management plan, can be constructed.

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(3) A for recreation and tourism activities, the government can grant an
exploitation right on a national park utilization zone, grand forest park and a
nature tourism park, with the people's participation.
(4) The further provisions as meant in paragraph (1), (2), and (3), shall be regulated
with a Government Regulation.

Article 35
In certain conditions, and urgently required to maintain or recover the biological
nature resources preservation and their ecosystem, the government can cease the
utilization activities, and close a national park, grand forest park, partially or entirely,
for a certain period.

CHAPTER VIII
UTILIZATION OF FLORA AND WILDLIFE SPECIES

Article 36
(1) The utilization of flora and wild-life species can be implemented in the form of:
a. study, research and development;
b. cultivation;
c. hunting;
d. trade;
e. demonstration/exhibition;
f. exchange;
g. medicinal plant cultivation;
h. care for hobby.
(2) The further provision as meant in paragraph (1) shall be regulated with a
Government Regulation.

CHAPTER IX
PEOPLE'S PARTICIPATION

Article 37
(1) The people's participation in the biological natural resources conservation and
their ecosystem, shall be directed and mobilized by the government, through
various activities, which are efficient and effective.
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(2) In developing the people's participation as meant in paragraph (1), the
government shall foster and increase the biological natural resources
conservation consciousness/awareness and their ecosystem within the people's
circles through education and instruction/extension.
(3) The further provisions as meant in paragraph (1) shall regulate with a
government Regulation.

CHAPTER X
DELEGATION OF AFFAIRS AND SECONDING TASKS

Article 38
(1) In the framework of the implementation of biological natural resources
conservation and their ecosystem, the government can delegate a part of the
affairs in said sector to the regional government/administration as meant in
Law No. 5 year 1974 on Government Administration Principles in the regions.
(2) The further provisions as meant in paragraph (1) shall be regulated with a
Government Regulation.

CHAPTER XI
INVESTIGATION

Article 39
(1) Apart from State Police Investigation officials of the Republic of Indonesia,
certain Civil Servant officials within the Department whose duty and
reasonability scope cover the biological natural resources conservation
promotion, and their ecosystem, shall also be given a special authority as
investigator as meant in Law No. 8 of 1981 on the Criminal Penal Procedures
Law, to conduct criminal act investigations in the biological natural resources
conservation sector and their ecosystem.
(2) The authority of the investigator as meant in paragraph (1) shall not prejudice
the authority of investigators as regulated in Law No. 5 of 1983 re the Exclusive
Economic Zone of Indonesia and Law No. 9 of 1985 re Fishery.
(3) An investigator as meant in paragraph (1), shall be authorized to:
a. conduct an investigation on the correctness of reports or information
relating to criminal acts in the biological natural resources conservation
sector and their ecosystem.

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 b. conduct an investigation on any person suspected to have committed a
criminal act in biological natural resources conservation sector and their
ecosystem.
c. investigate the identity cards of persons who are in a nature reserve zone
and a nature preservation zone.
d. conduct a search and confiscation of evidence goods on criminal acts in
the biological natural resources conservation sector and their ecosystem.
e. request information and evidence material from person or entities in
relation to a criminal act in the biological natural resources conservation
sector and their ecosystem.
f. prepare and sign minutes.
g. cease an investigation, if there is no sufficient evidence on the existence of
a criminal act in the biological natural resources conservation sector and
their ecosystem.
(4) An investigator as meant in paragraph (1) shall notify the commencement of an
investigation and report his investigation results to the Public Prosecutor
through the State Police Investigator official of the Republic of Indonesia,
pursuant to the provisions of Article 107 Law No. 8 of 1981 re Criminal/Penal
Procedures.

CHAPTER XII
CRIMINAL/PENAL PROVISIONS

Article 40
(1) Anybody who intentionally commits a violation against the provisions as meant
in article 19 paragraph (1) and article 33 paragraph (1) shall be sentenced with
maximally 10 (ten) years imprisonment and fined with maximally Rp.
200.000.000,00 (two hundred million rupiahs).
(2) Anybody who intentionally commits a violation against the provisions as meant
in article 21 paragraph (1) and (2) and article 33 paragraph (3) shall be sentenced
with maximally 5 (five) years imprisonment and fined with maximally Rp.
100.000.000,00 (one hundred million rupiahs).
(3) Anybody who, due to negligence, commits a violation against the provisions as
meant in article 19 paragraph (1) and article 33 paragraph (1) shall be sentenced
with imprisonment of maximally 1 (one) year and fined with maximally Rp.
100.000.000,00 (one hundred million rupiahs).
(4) Anybody who, due to negligence, commits violation against the provisions as
meant in article 21 paragraphs (1) and (2) and article 33 paragraph (3), shall be
sentenced with maximally Rp. 50.000.000,00 (fifty million rupiahs).

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(5) The criminal acts meant in paragraph (1) and (2) shall be a crime, and the
criminal acts as meant in paragraph (3) and (4) shall be violation.

CHAPTER XIII
TRANSITIONAL PROVISIONS

Article 41
The natural reserve forests and tourism parks already appointed and stipulated on
the basis of the prevailing provisions before the validity of this law, shall be deemed
already stipulated as a natural reserve zone, and tourism park, based on this law.

Article 42
All the existing implementation regulations of the prevailing legislative regulations
on the biological natural resources conservation sector and their ecosystem shall still
be valid until the issuance of the new implementation regulations based on this law,
as far as they are not in contradiction to this law.

CHAPTER XIV
CONCLUDING PROVISIONS

Article 43
At the moment this law comes into force, then:
a. The hunting ordinance (Hunting ordinance year 1931, State Gazette No. 133);
b. Ordinance on Wild Life Protection (Wild Life Protection Ordinance year 1931,
State Gazette year 1931 No. 134);
c. The Java and Madura Hunting Ordinance (Hunting Ordinance of Java and
Madura year 1940, State Gazette year 1939 No. 733);
d. Ordinance on Nature Protection (Nature Protection ordinance year 1941 State
Gazette 1941 No. 1967);
Are declared null and void.

Article 44
This law can be called the Biological Conservation Law.

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 Article 45
This law shall come into force on the date of promulgation.
For the information of the public, it is instructed to announce this law by, its insertion
in the State Gazette of the Republic of Indonesia.

Stipulated at: Jakarta

On: August 10, 1990
The President of the Republic Indonesia

Signed

Soeharto

Promulgated at: Jakarta

On: August 10, 1990
The Minister/State Secretary of the Republic Indonesia,

Signed

Moerdiono

STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 1990 No. 49.

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 CLARIFICATION OF ACT OF THE REPUBLIC OF INDONESIA
NUMBER 5 OF 1990
REGARDING
BIOLOGICAL NATURAL RESOURCES CONSERVATION
AND ITS ECOSYSTEM

GENERAL
The Indonesian nation has been rewarded by God Almighty, an asset, constituting
abundant natural resources, on land, in water or in the air constituting basic capital
for the national development in all sectors, said naturally resources basic capital shall
be protected, maintained, preserved and utilized optimally for the prosperity of the
Indonesian community in particular, and the human life quality in general, pursuant
to ways guaranteeing the harmony and Balance, between human and GOD THEIR
CREATOR, between human and the society as well as between human and the
ecosystem as a part of said basic capital, in principle constitutes an integral part of the
continuous National Development as the implementation of Pancasila (Five
Principles).
The biological natural resources and its ecosystem, constituting the most important
part of the natural resources, consisting of flora and fauna nature, separately or
jointly, have the function and utility as environmental formation components, which
are irreplaceable.
Bearing in mind, its irreplaceable characteristic and having a very important position
and role for human life, so the biological natural resources conservation efforts and its
ecosystem become an absolute obligation of each generation. An irresponsible act
which can cause damage on a nature reserve zone or a nature preservation zone, or an
action, violating the provisions on protection of protected flora and fauna, shall be
threatened with a heavy sentence, constituting a physical and material sentence. Said
heavy sentence is deemed necessary, because any damage or extinction of one of the
biological natural resources elements and its ecosystem will cause a great loss for the
society, which can not be evaluated in material, while its recovery into former
condition is not possible anymore.
Due to its extensive nature and covering the overall interest of the society, so the
biological natural resources conservation efforts and its ecosystem constitute the
Government's and the society's responsibility and obligation. The people's
participation will be directed and mobilized by the government through efficient and
effective activities. For that purpose, the government is obligated to increase the
education and instruction/extension for the society, in the framework of
"Conservation consciousness/Awareness".
The success of the biological natural resources conservation and its ecosystem is
closely related to the achievement of three-conservation target, namely:
1. To guarantee the ecological process maintenance, which supports the life
support system, for the development continuity and human welfare/prosperity
(life support system protection).
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2. To guarantee the genetic resources variety maintenance and its ecosystem types,
so that it will be able to support the development science and technology, which
enable to meet human requirements needs, using biological natural resource for
welfare (germs plasma sources preservation).
3. To control the biological natural resources utilization ways, to guarantee its
preservation. The side effects of an unwise scientific and technological
application, its still unharmonious land utilization and designation, and the
unsuccessful conservation targets optimally, either on land, or in water, can
cause the occurrence of genetically erosion phenomena, pollution and the
decrease of the biological natural resources potential (continuous utilization).

Bearing in mind that State of the Republic of Indonesia is a Law Abiding State, so the
biological natural resources conservation management and its ecosystem should be
given a legal basis, which ih clear firm and comprehensive, in order to guarantee legal
certainty for said management effort.
At present, the reality indicates that the legislative regulations on biological natural
resources conservation and its ecosystem nationally, are not yet available.
The various colonial government inheritance legislative regulations are not in
accordance anymore with the legal development level and the Indonesian nation's
requirements.
Changes concerning governmental aspects, population development, science and the
development success demands at present, require legislative regulations in the
biological natural resources conservation sector and its ecosystem nationally,
pursuant to the Indonesian Nation's aspirations.
Continuous utilization efforts as one of the biological natural resources conservation
aspects and its ecosystem are not yet fully developed pursuant to the requirement.
Likewise the preservation zone management, in the form National Parks, Grand
Forest Parks and Nature Tourism Parks, uniting the life support system protection
function, the preservation of flora and fauna species variety and its ecosystem, and its
continuous utilization.
Legislative regulations of National Nature, relating to the biological natural resources
conservation and its ecosystem, like Law No. 5 Year 1967 re Principle provisions on
Forestry, Law No. 4 Year 1982 re Environmental Management Basic Provisions, Law
No. 20 Year 1982 on Security and Defense Basic Provisions of The Republic of
Indonesia as already amended with Law No. 1 Year 1988, and Law No. 9 Year 1985 re
Fishery, do not yet completely regulate and can not yet fully be applied as a legal
basis for further arrangements.
A law on biological natural resources conservation and its ecosystem nationally and
comprehensively is urgently required as a legal basis to regulate the life support
system protection, the preservation of flora and fauna species variety and its
ecosystem, in order to guarantee its utilization of biological natural resources and its
ecosystem, in order to guarantee its utilization for the prosperity of the community
and the increase of human life quality.

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This law contains basic provisions, and cover all aspects in the natural resources
conservation sector and its ecosystem, whereas the implementation there of shall be
arranged with a Government Regulation.

ARTICLE BY ARTICLE

Article 1
Point 1
Sself-explanatory.

Point 2
Self-explanatory.

Point 3
Self-explanatory.

Point 4
Self-explanatory.

Point 5
Self-explanatory.

Point 6
Self-explanatory.

Point 7
Fish and cattle are not included in the sense of wild fauna, but included in the sense
of fauna.

Point 8
Self-explanatory.

Point 9
Self-explanatory.
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Point 10
Self-explanatory.

Point 11
Self-explanatory.

Point 12
Self-explanatory.

Point 13
Self-explanatory.

Point 14
Self-explanatory.

Point 15
Self-explanatory.

Point 16
Self-explanatory.

Article 2
In principle, all natural resources, including the biological natural resources, shall be
utilized for the community's and human property, pursuant to its ability and
function.
However, its utilization shall be in such a way, that it is pursuant to this law, so that it
can last continuously, at present and in the future.
The above utilization and preservation must be implemented harmoniously and in a
balanced way as a realization of the biological natural resources conservation and its
ecosystem.

Article 3
Biological natural resources constitute an ecosystem element, which can be utilized
for increasing the community's property and the human life quality. But a balanced
ecosystem must still be guaranteed.

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 Article 4
Bearing in mind, that the biological natural resources conservation and its ecosystem
is very important for increasing the community's prosperity and the human life
quality, so the community also has an obligation and responsibility in the
conservation activities.

Article 5
The biological natural resources conservation and its ecosystem shall be performed
through three activities:
a. The life support system protection.
Life constitutes a system, consisting of processes, which are related to each other
and influence each other, which, if interrupted, will influence life.
In order that human shall not be faced with unexpected changes, which will
influence the utilization ability of the biological natural resources, so the
ecological process, containing said life should be ensured and protected.
This life support system protection shall cover efforts and actions, relating to
spring protection, mountain-side, river bank, lake and ravine, forest
hydrological function, coast protection, river basin area management; protection
of natural beauty and unique phenomena, etc.
b. The preservation of the fauna and flora species variety and its ecosystem.
The biological natural resources and its ecosystem consist of biological and non-
biological elements (either physical or non-physical).
All these elements are very closely related to and influencing each other. The
extinction of one of the elements cannot be replaced by another element.
The conservation efforts and actions to ensure the species variety cover the
guarantee, in order not to become extinct with the aim that each element can
function in nature, and in order to always be ready to be utilized at anytime for
the human welfare.
The preservation of fauna and flora species can be implemented in a zone (in-
situ conservation), or outside a zone (ex-situ conservation).
c. The continuous utilization of biological natural resources and its ecosystem.
The continuous utilization efforts of biological natural resources and its
ecosystem, in principle, constitutes a control/limitation effort in the utilization
of biological natural resources and its ecosystem, so that said utilization can be
performed continuously in the future.

Article 6
Biological elements shall be living creatures, consisting of human, plants, fauna, and
organisms. The non-biological elements consist of sunshine, water, air and soil.

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The relationship between biological and non-biological elements must proceed in a
balanced condition as a life support system, and it is therefore necessary to protect it.

Article 7
Self-explanatory.

Article 8
Paragraph (1)
The protection of the life support system shall be implemented by way of stipulating
a certain territory as protected territory. For its arrangement, the government shall
stipulate a basic pattern of said territory utilization promotion, so than the protection
function and its preservation is still guaranteed.
The protected territory of this life support system covers, among others, protected
forests, river basin areas, riverbank areas, coastal areas, and certain parts of the
Indonesian Exclusive Economic Zone, ebb and tide areas, ravines and heavily
polluted areas.
The utilization of said areas or territories shall still be with the subject, granted the
right thereon, but this utilization must adhere to provisions as stipulated by the
government.
In stipulating a certain territory as alife support system territory, it is necessary to
conduct research and inventory taking either on an already stipulated territory or to
be stipulated.

Paragraph (2)
In this government regulation, it is necessary to observe the harmonious interest
between the right holder's interest and the life support system's interest.

Article 9
Paragraph (1)
Meant by exploitation right in waters, shall be the right granted by the government to
utilize the natural resources existing in waters, which are extractive or non-extractive
and is not an exploitation right on said water territory.
Meant by waters shall be the Indonesian water, covering inland water (river, lake,
reservoir, swamp and other flooding, the Indonesian sea territory and the Indonesian
Exclusive Economic Zone).

Paragraph (2)
Self-explanatory.

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ACT5-1990.PDF 21
Paragraph (3)
Included in the concept of discipline on the utilization and management of land, and
the exploitation right in water shall cover the revocation of land-right and
exploitation right in water, of which the implementation shall be accordance with the
prevailing legislative regulations.

Article 10
A life support system territory experiencing damage due to natural disaster, like
landslide, erosion, fire and earthquake, or due to inappropriate utilization, should
immediately be rehabilitated in order to be able to function properly.
This rehabilitation should involve the community's participation, particularly those,
who have the right on said territory.

Article 11
Meant by preservation here, shall be an effort to ensure, that the variety of flora and
fauna species and its ecosystem shall not become extinct. The preservation outside
the zone shall cover the arrangement on limitation of actions, which can be conducted
towards flora and fauna, as regulated in article 20 through article 25 of this law.
The arrangement outside the zone shall constitute the preservations of flora and fauna
species.
Preservation within the zone shall be carried-out in the form of nature reserve zone
and national park nucleus zone.

Article 12
The effort of flora and fauna variety preservation shall constitute nature reserve zone,
which, due to its basic function is the flora and fauna variety preservation and its
ecosystem, so the intactness and originality of said nature reserve zone should be
prevented from disturbances in order that its process shall proceed naturally.

Article 13
Paragraph (1)
Self-explanatory.

Paragraph (2)
Self-explanatory.

Paragraph (3)
Self-explanatory.

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 Article 14
Self-explanatory.

Article 15
Self-explanatory.

Article 16
Paragraph (1)
The nature reserve zone management shall be the Government's obligation as a
consequence of control by the State on the natural resources as meant in Article 33 of
the 1945 Constitution.

Paragraph (2)
Meant by support area shall be a territory, existing outside the nature reserve zone,
either as other forest zone, free State land, or land imposed with the required right
and able to ensure the intactness of the nature reserve zone.
The management on a support area shall still be in the hands of the entitled party,
while the management procedures must follow the provisions as stipulated in a
Government Regulation.

Article 17
Paragraph (1)
The cultivation support function can be implemented in the form of germ plasma
utilization, found in the nature Reservation concerned for the requirement of species
purification and cultivation. Germ plasma is germ elements, determining the eternal
feature characteristic of a species.

Paragraph (2)
Meant by limited tourism is an activity to visit, see, and enjoy the natural beauty in a
wildlife reserve with certain conditions.

Paragraph (3)
Self-explanatory.

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 Article 18
Paragraph (1)
The existence of biosphere is meant as a place for research, science and education as
well as to observe and evaluate the occurring changes on the zone concerned.
With the determination of a nature reserve zone and other certain zones as biosphere
reserve, so the relative zone shall become a part of the international conservation
network.

Paragraph (2)
Self-explanatory.

Article 19
Paragraph (1)
Meant by a change in the intactness of a nature reserve, is to cause damage to the
zone's intactness and its ecosystem, wildlife hunting, existing in the zone, and
entering non-original species.

Paragraph (2)
Meant by fauna habitat promotion is activity performed in a zone with the aim, that
the fauna can live and develop naturally. An example of said activity is, among
others, the preparation of a meadow for fauna/animal feed, the construction of
drinking water facility, and so on.

Paragraph (3)
Meant by flora and fauna species, which are not original are flora and fauna species,
which are never found in the zone.

Article 20
Paragraph (1)
In the framework of species preservation, the flora and fauna species and the
protected fauna shall be stipulated.
The protected flora and fauna species are meant for protecting the flora and fauna
species. In order that said flora and fauna species shall not experience extinction.
This stipulation can be changed at anytime, depending on the requirement level, as
determined by the extinction danger level, threatening the species concerned.

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Paragraph (2)
The flora and fauna species in danger of extinction shall cover the flora and fauna
species, which are in danger of almost being extinct and leading to extinction.
Endemic flora and fauna are flora and fauna, of which the dissemination/spreading is
limited, while the species threatened with extinction, are because its population is
already very small and having a very slow multiplication rate, either due to habitat
influence or its ecosystem.
Flora and fauna species, of which the population are scarce, in the sense that its
population are small or scarce, so that its multiplication is very difficult.

Paragraph (3)
Self-explanatory.

Article 21
Paragraph (1)
Self-explanatory.

Paragraph (2)
Self-explanatory.

Article 22
Paragraph (1)
Meant by saving the flora and fauna species are saving efforts, which must be
conducted, if in a certain condition, the flora and fauna life is threatened, when they
are still living in their habitat in the form of multiplication and medication, either
domestically or abroad.

Paragraph (2)
Meant by granting or exchange of flora and fauna species to other parties abroad is
for the requirement of inter-institutional exchange, operating in the flora and fauna
conservation sector and government grants.

Paragraph (3)
Endangering here means not only threatening human life, but also causing
disturbances or restlessness on human life tranquility, or material loss, like damage of
land or plants or agricultural products.

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Paragraph (4)
In said government regulation, are among others regulated the ways to overcome
danger, the way to conduct catching in live condition, driving and moving the wild-
life concerned, while destruction is only implemented, if other ways apparently do
not bring any effective results.

Article 23
Paragraph (1)
Meant by "if required", is in respect to flora and fauna collection for a zoo, safari park
and for purification of the flora and fauna species.
Importing flora and wildlife species into the territory of the Republic of Indonesia
should be regulated, in order to prevent the occurrence of genetic pollution, and
ensure the existing ecosystem stability, for optimal utilization by the Indonesian
Nation.

Paragraph (2)
Self-explanatory.

Article 24
Paragraph (1)
Meant by "confiscated for the State", shall be apart from confiscated pursuant to the
provisions as meant in Law No. 8 year 1981 re the Criminal/Penal Procedures Law,
also granting the authority to the official stipulated by the government, to control and
save flora and fauna, before the court process is implemented.

Paragraph (2)
The protected flora and fauna must be maintained, in order to still exist in their
habitat. Therefore confiscated flora and fauna shall be returned to their habitat. If it is
impossible to return to their habitat, as it is evaluated no able to adapt to their habitat
and/or to become evidence goods in Court, then said flora and fauna shall be
surrounded or entrusted to an institution, operating in the flora and fauna
conservation sector.
If the situation does not enable it, due to damage, defect and impossible to live, then it
is better to destroy it.
The institution(s) meant in this paragraph can constitute a government or non-
government institution, for instance a zoo, botanical garden, biological museum,
herbarium, safari park, etc, which are appointed and stipulated by the government.

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 Article 25
Paragraph (1)
See the elucidation of article 24 Paragraph (2).

Paragraph (2)
Self-explanatory.

Article 26
Meant by environmental condition shall be a zonal potential, constituting an
ecosystem, climate condition, nature, phenomena, specific ness of flora and fauna
species and cultural inheritance, existing in said zone.

Article 27
Self-explanatory.

Article 28
Self-explanatory.

Article 29
Paragraph (1)
A National Park Zone, Grand Forest Park and Nature Tourism Park, shall cover land
and water areas.

Article 30
Self-explanatory.

Article 31
Paragraph (1)
Self-explanatory.

Paragraph (2)
Self-explanatory.

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 Article 32
Meant by Nucleus Zone is a part of a national park zone, which is absolutely
protected, and prohibiting the existence of any changes whatsoever due to human
activities.
Meant by utilization zone shall be a part of a national park zone, used as recreation
and tourism visit center.
Meant by other zones are zones outside said two zones, because the function and
condition are stipulated as a certain zone, like a jungle zone, traditional utilization
zone, rehabilitation zone, etc.

Article 33
Paragraph (1)
See the elucidation of article 19 Paragraph (1).

Paragraph (2)
Self-explanatory.

Paragraph (3)
Self-explanatory.

Article 34
Paragraph (1)
In principle, the management of a nature preservation zone constitutes the obligation
of the government as consequences of control by the State on natural resources as
meant in Article 33 the 1945- Constitution. In the implementation of management
activities on a national park utilization zone, grand forest park and nature tourism
park, the government can grant exploitation right to cooperatives, State-owned
companies, private companies and individuals.

Paragraph (2)
Self-explanatory.

Paragraph (3)
The concept of people's participation here is to give the opportunities to the people in
its surroundings to play a role in the activities in said zone.

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Paragraph (4)
Self-explanatory.

Article 35
Meant by "in a certain condition and 'urgently required', are conditions and situations
occurring in nature preservation zone, due to natural disaster (volcano eruption,
toxic/poisonous gas, fire danger) and damage, caused by continuous utilization,
endangering visitors or the flora and fauna life.

Article 36
Paragraph (1)
In the utilization of flora and fauna species, it must be carried-out by still ensuring the
balance of the population and their habitat.

Paragraph (2)
Self-explanatory.

Article 37
Paragraph (1)
The people's participation can constitute an individual and a community group,
either organized or non-organized. In order that people can actively play a role in the
biological natural resources conservation activities and its ecosystem, so through
instruction/extension activities, the government should direct and mobilize the
people by involving community groups.

Paragraph (2)
In the effort of fostering and increasing the conservation consciousness/awareness
within people's circles, it is necessary to implant understanding and motivation on
conservation, since the beginning, through school/formal education and non-formal
education.

Paragraph (3)
Self-explanatory.

Article 38
Paragraph (1)
Besides that the Central Government can delegate part of the affairs in the biological
natural resources conservation sector and its ecosystem to the Regional Government,
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the Central Government can also assign to the Regional Government level I to
implement said affairs as a seconding duty task.

Paragraph (2)
Self-explanatory.

Article 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.

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 Article 41
Based on the Nature Protection Ordinance year 1941 State Gazette 1941 No. 167
(Nature Protection Ordinance 1941 State Gazette Year 1941 No. 167) and Law No. 5
Year 1967 re Basic Provisions on Forestry, the Natural reserve forests and tourism
parks have been stipulated. With the stipulation of this law, so the natural reserves
and tourism parks shall be regarded as already stipulated as nature reserve and
nature tourism forests zones.

Article 42
Self-explanatory.

Article 43
Self-explanatory.

Article 44
Self-explanatory.

Article 45
Self-explanatory.

SUPPLEMENT TO STATE GAZETTE OF

THE REPUBLIC OF INDONESIA NO. 3419.

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