Legislation Part 2 071023 by Tsauro (3)

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LEGISLATION PART 2

Destarita Indah Permatasari, S.T., M.E.


Ministry of Agrarian Affairs and Spatial Planning / National Land
Agency

PRESIDENTIAL REGULATION OF REPUBLIC INDONESIA


NUMBER 98 OF 2021
ON
THE IMPLEMENTATION OF THE ECONOMIC VALUE OF CARBON TO ACHIEVE NATIONALLY
DETERMINED CONTRIBUTION TARGET AND CONTROL GREENHOUSE GAS EMISSIONS
FOR NATIONAL DEVELOPMENT
BY THE GRACE OF ALLAH ALMIGHTY
THE PRESIDENT OF THE REPUBLIC OF INDONESIA

Considering:
a. That various impacts and consequences of climate change affect the quality of life of the people
so that it is necessary to take steps to protect the community as intended in Article 28 H
paragraph (1) of the 1945 Constitution of the Republic of Indonesia and Article 65 paragraph (1)
of Law Number 32 of 2009 on the Environmental Protection and Management;
b. Whereas in order to control climate change, Government has ratified Paris Agreement through
Law Number 16 of 2016 concerning Ratification of the Paris Agreement to the United Nations
Framework Convention on Climate Change which it contains the Government's obligation to
contribute to the reduction of greenhouse gas emissions determined nationally to limit the
increase in global average temperature to below 2°C (two degrees Celsius) to 1.5°C (one point
five degrees Celsius) from current temperature level of pre-industrialization;
c. That carbon is a universal indicator in measuring the performance of efforts to control climate
change which is reflected in the contributions determined nationally, apart from having
important economic value and having an international dimension, especially in the form of
economic benefits for society, it is also a reflection of the principle of sustainable resource
management in accordance with the mandate of article 33 paragraph (4) of the 1945
Constitution of the Republic of Indonesia;
d. Whereas the economic value of carbon is one of the instruments in realizing the Government's
obligation to contribute to reducing greenhouse gas emissions as intended in letter b, through
selecting the most efficient, effective, and fair mitigation, and adaptation actions without
reducing the achievement of contribution targets set nationally;
e. That based on the considerations as intended in letters a to d, it is necessary to stipulate a
Presidential Regulation on the Implementation of the Economic Value of Carbon to Achieve
Nationally Determined Contribution Targets and Control Greenhouse Gas Emissions in National
Development;
Observing:
1. Article 4 paragraph (1) of 1945 Constitution of the Republic of Indonesia;
2. Law Number 6 of 1994 on the Ratification of the United Nations Framework regulating the
Convention on Climate Change (State Gazette of the Republic of Indonesia of 1994 Number 42,
Supplement to the State Gazette of the Republic of Indonesia Number 3557);
3. Law Number 25 of 2004 on the National Development Planning System (State Gazette of the
Republic of Indonesia of 2004 Number 104, Supplement to State Gazette of the Republic of
Indonesia Number 4421);
4. Law Number 17 of 2007 on the National Long Term Development Plan for 2005 – 2025 (State
Gazette of the Republic of Indonesia of 2007 Number 33, Supplement to the State Gazette of the
Republic of Indonesia Number 4700);
5. Law Number 32 of 2009 on the Environmental Protection and Management (State Gazette of the
Republic of Indonesia of 2009 Number 140, Supplement to State Gazette of the Republic of
Indonesia Number 5059) as amended by Law Number 11 of 2020 on Job Creation (State Gazette
of the Republic of Indonesia 2020 Number 245, Supplement to the State Gazette of the Republic
of Indonesia Number 6573);
6. Law Number 23 of 2014 on Regional Government (State Institution of the Republic of Indonesia
of 2014 Number 244, Supplement to the State Gazette of the Republic of Indonesia Number
5587), as has been amended several times, most recently by Law Number 9 of 2015 on the
Second Amendment to Law Number 23 of 2014 on Regional Government (State Gazette of the
Republic of Indonesia of 2015 Number 58, Supplement to State Gazette of the Republic of
Indonesia Number 5679);
7. Law number 16 of 2016 on Ratification of the Paris Agreement to the United Nations Framework
Convention on Climate Change (State Gazette of the Republic of Indonesia of 2016 Number 204,
Supplement to the State Gazette Republic of Indonesia Number 5939);
8. Government Regulation Number 46 of 2017 on Environmental Economic Instruments (State
Gazette of the Republic of Indonesia of 2017 Number 228, Supplement to the State Gazette of
the Republic of Indonesia of 2017 Number 228, Supplement to the State Gazette of the Republic
of Indonesia Number 6134);
HAS DECIDED
To Enact:
PRESIDENTIAL REGULATION ON THE IMPLEMENTATION OF THE ECONOMIC VALUE OF CARBON TO
ACHIEVE NATIONALLY DETERMINED CONTRIBUTION TARGET AND CONTROL GREENHOUSE GAS
EMISSIONS FOR NATIONAL DEVELOPMENT.
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Presidential Regulation what is meant by:
1. Nationally Determined Contribution, hereinafter abbreviated as NDC, is a national commitment
to handle global climate change in order to achieve the objectives of the Paris Agreement to the
United Nations Framework Convention on Climate Change.
2. Economic Value of Carbon, hereinafter referred to as NEK (EVC), is the value of each unit of
greenhouse gas emissions resulting from human activities and economic activities.
3. Greenhouse Gases, hereinafter abbreviated to GRK (GHG), are gases contained in the
atmosphere, both natural and anthropogenic, which absorb and re-emit infrared radiation.
4. GHG emissions are the release of GHG into the atmosphere in a certain area within a certain
time period.
5. Climate resilience is the ability to anticipate, prepare, and respond to the impacts, risks, and
vulnerabilities resulting from climate change on regions and people's lives.
6. Climate Change Mitigation is a control effort to reduce risks resulting from climate change
through activities that can reduce emissions or increase GHG absorption and store/strengthen
carbon reserves from various emission sources.
7. Climate Change Mitigation Actions are activities that can reduce GHG emissions, increase carbon
uptake and/or store/strengthen carbon reserves.
8. Baseline Business as Usual GHG Emissions, hereinafter referred to as Baseline GHG Emissions, is
the estimated level of GHG emissions and projections in sectors or activities that have been
identified within a predetermined time period without policy intervention and/or mitigation
technology.
9. Climate Change Adaptation is an effort made to increase the ability to adapt to climate change,
including climate diversity and extreme events so that the potential for damage due to climate
change is reduced, opportunities created by climate change can be exploited, and the
consequences arising from climate change can be overcome.
10. Climate change adaptation capacity is the potential or ability of a system to adapt to climate
change, including climate variability and extreme climates, so that potential damage can be
reduced or prevented.
11. Climate change adaptation action is the action of adapting to anticipate the negative impacts of
real climate, by building anticipatory strategies and taking advantage of profitable opportunities.
12. Business as Usual Climate Resilience Baseline, hereinafter referred to as Climate Resilience
baseline, is a projection of the potential impact of climate change on an area in sectors and
activities that have been identified within a predetermined time period without policy
intervention and/or adaptation technology.
13. The Upper Limit of GHG Emissions is the highest level of GHG Emissions determined in a certain
period.
14. The National Registry System for Controlling Climate Change, hereinafter abbreviated as SRN
PPI, is a system for managing, providing web-based data, and information about actions and
resources for Climate Change Mitigation, Climate Change Adaptation, and NEK in Indonesia.
15. Carbon Unit is proof of carbon ownership in the form of a certificate or technical approval
expressed in 1 (one) ton of carbon dioxide recorded in the SRN PPI.
16. GHG Emission Level is the GHG Emission Commission in a certain period of time which can be
compared based on the results of GHG calculations using consistent emission/absorption
methods and factors so that it can show trends in changes in emission levels from year to year.
17. Carbon Trading is a market-based mechanism to reduce GHG emissions through buying and
selling Carbon Units.
18. Emission Trading is a transaction mechanism between Business Actors whose emissions exceed
the specified Upper Emission Limit.
19. GHG Emission Offset, hereinafter referred to as GHG Emission Offset, is a reduction in GHG
Emissions carried out by businesses and/or activities to compensate for emissions made
elsewhere.
20. Result-Based Payment is an incentive or payment obtained from the results of GHG Emission
reduction achievements that have been verified and/or certified and benefits other than carbon
that have been validated.
21. Measurement, Reporting and Verification or Measurement, Reporting and Verification,
hereinafter referred to as MRV, is an activity to ensure that data and/or information on
Mitigation Actions and Adaptation Actions have been implemented in accordance with
established procedures and/or standards and are guaranteed to be correct.
22. Carbon Rights are control of carbon by the state.
23. Carbon exchange is a system that regulates the recording of carbon reserves, carbon trading and
ownership status of carbon units.
24. Levy on Carbon is a state levy, both central and regional government, imposed on goods and/or
services that have the potential and/or carbon content and/or businesses and/or activities that
have the potential for carbon emissions and/or emit carbon that can cause negative impacts on
the environment and/or the performance of Mitigation Actions.
25. GHG Emission Inventory is an activity to obtain data and information regarding the level, status
and trend of changes in GHG emissions periodically from various emission sources and
absorbers.
26. Climate Change Impact Inventory is an activity to periodically obtain data and information
regarding the level, status and trend of climate change impacts from various causal factors and
Climate Change Adaptation Capacity.
27. An ecosystem is an arrangement of environmental elements which constitutes a complete -
comprehensive unity and influences each other in forming balance, stability, and productivity of
the environment.
28. GHG absorption is the absorption of GHG from the atmosphere naturally or through
technological engineering in a certain area within a certain period of time.
29. Activity Data is a quantitative measure of human activity or any activities that can release and/or
absorb GHG.
30. GHG Emission Factor is the amount of GHG emissions released into the atmosphere per unit of
certain activity.
31. A GHG Emission Reduction Certificate is a letter in the form of proof of emission reduction by a
business and/or activity that has gone through MRV, and is recorded in the SRN PPI in the form
of a number and/or registry code.
32. Sector is an NDC sector that has areas of activity related to GHG emissions, does not refer to the
definition of administration or agency that generally fosters or regulates activities.
33. Sub-sector is an NDC sub-sector which has sub-sectors of activities related to GHG emissions,
does not refer to the definition of administration or agency that generally fosters or regulates
activities.
34. Minister is the Minister who carries out government affairs in the field of environmental
protection and management.
35. Business Actors are individuals or business entities that carry out business and/or activities in
certain fields.
CHAPTER II
INTENTION, PURPOSE, AND SCOPE
Part One
Intention and Purpose
Article 2
1) This presidential regulation is intended as a basis for implementing the NEK and as a guideline
for reducing GHG emissions through policies, steps and activities to achieve NDC targets and
control GHG emissions in national development.
2) The implementation of the NEK as referred to in paragraph (1), is carried out domestically
and/or abroad without reducing the NDC target.
3) The NDC target as intended in paragraph (1) includes:
a. Determining policies and steps and implementing activities in accordance with the
Government's commitment in the form of GHG Emission Reduction of 29% (twenty nine
percent) to 41% (forty one percent) in 2030 compared to the GHG Emission Baseline; and
b. Building national, regional, and community food security from various risks due to climate
change conditions or Climate Resilience.
4) Control of GHG emissions is carried out with policies in national, central, and regional
development as well as from, for and by the Government, regional governments, business actors
and community.
5) Efforts to achieve NDC target as intended in paragraph (1) are carried out towards development
with low GHG emissions and climate resilience in 2050.
6) The NDC target as intended in paragraph (3) is adjusted to review the NDC, at least once in 5
(five) years.
7) The NDC target as intended in paragraph (3) and GHG Emission control as intended in paragraph
(4) take place in an integrated and simultaneous manner.
8) The NDC target as intended in paragraph (3) is contained in the NDC document is prepared and
determined by the Minister and submitted to the United Nations Framework Convention on
Climate Change.
Article 3
a. This presidential regulation aims to regulate the reduction of GHG emissions, increase climate
resilience and NEK in order to achieve the NDC target as intended in article 2 paragraph (3)
referring to the GHG Emissions Baseline in 2030 of 2,869 (two thousand eight hundred and sixty
nine ) million tons of CO2e and Climate Resilience Baseline and Climate Resilience targets.
b. GHG Emission Reduction of 29% (twenty nine percent) as referred to in article 2 paragraph (3)
letter a is a GHG Emission reduction target of 834 (eight hundred thirty-four) million tons of
CO2e if carried out by one's own efforts.
c. GHG Emission Reduction of up to 41% (forty one percent) as referred to in article 2 paragraph (3)
letter a is the target for reducing GHG Emissions of up to 1.1.85 (one thousand one hundred and
eighty-five) million tons of CO2e if carried out in collaboration international.
d. Reducing GHG Emissions as intended in paragraph (2) and paragraph (3) is supported primarily
by controlling GHG Emissions in the Forestry Sector to become a carbon store/reinforcement in
2030 with a carbon net sink approach from the forestry sector and other land uses in 2030
(Indonesia Forest and Other Land Use Net Sink 2030).
e. The GHG Emission Baseline and GHG Emission reduction targets in the NDC as intended in
paragraph (1) to paragraph (4) including the results of GHG Emission reduction achievements,
are the basis for controlling GHG Emissions in national and regional development.
f. The Climate Resilience Baseline and Climate Resilience targets in the NDC as referred to in
paragraph (1) including the results of the achievement of increasing Climate Resilience, are the
basis for increasing Climate Resilience in national and regional development

Part Two
Scopes
Article 4
The scope of this Presidential Regulation includes:
a. Efforts to achieve NDC targets;
b. NEK implementation procedures;
c. Transparency framework;
d. Monitoring and evaluation;
e. Coaching and funding; and
f. Steering committee.

CHAPTER III
EFFORTS TO ACHIEVE NATIONALLY DETERMINED CONTRIBUTION TARGET
Part One
General
Article 5
1) Implementation of efforts to achieve the NDC target are carried out through the implementation
of:
a. Climate Change Mitigation; and
b. Climate Change Adaptation.
2) Implementation of efforts to achieve the NDC target as intended in paragraph (1) refers to the
NDC implementation strategy which is the direction for implementing the NDC.
3) The NDC implementation strategy as intended in paragraph (2) includes:
a. Development of ownership and commitment;
b. Capacity development;
c. Creation of enabling conditions;
d. Preparation of communication frameworks and networks;
e. One data policy for GHG emissions and climate resilience;
f. Preparation of policies, plans and programs
g. Preparation of NDC implementation guidelines;
h. Implementation of NDC; and
i. NDC monitoring and review.
4) Implementation of efforts to achieve the NDC target as referred to in paragraph (1) is outlined in
more detail in a road map that contains at least:
a. Baseline details;
b. Target details;
c. Mitigation scenarios;
d. Adaptation scenario;
e. Governance;
f. Funding requirements;
g. Technology; and
h. Capacity increase.
5) Provisions regarding the preparation of the NDC implementation strategy as intended in
paragraph (3) and the NDC road map as intended in paragraph (4) are regulated in a Ministerial
Regulation.
Part Two
Climate Change Mitigation
Paragraph 1
General
Article 6
1) Implementation of efforts to achieve NDC target through the implementation of Climate Change
Mitigation as intended in Article 5 paragraph (1) letter a is carried out by:
a. Climate Change Mitigation Action Planning;
b. Implementing Climate Change Mitigation Actions; and
c. Monitoring and evaluation of Climate Change Mitigation Actions.
2) Implementation of Climate Change Mitigation is carried out by:
a. Ministries / Institutions;
b. Local government;
c. Businessmen; and
d. Public.
3) Implementation of Climate Change Mitigation is coordinated by the Minister.
Article 7
1) Implementation of Climate Change Mitigation as intended in Article 7 is carried out in Sectors
and Sub-Sectors.
2) The sector as intended in paragraph (1) consists of:
a. Energy;
b. Waste;
c. Industrial processes and product use;
d. Agriculture;
e. Forestry; and/or
f. Other sectors are in line with developments in science and technology.
3) The sub sector as intended in paragraph (1) consists of:
a. Generator;
b. Transportation;
c. Building;
d. Solid waste;
e. Liquid waste;
f. Rubbish;
g. Industry;
h. Rice fields;
i. Farm;
j. Plantation;
k. Forestry;
l. Peat and mangrove management; and/or
m. Other sub-sectors are in line with developments in science and technology.
4) Other sectors as intended in paragraph (2) letter f and other sub-sectors as intended in
paragraph (3) letter m, are determined by the Minister after coordinating with the relevant
Minister.
Article 8
1) Mitigation of climate change in other sectors for the marine sector or blue carbon is carried out
by the ministry that handle government affairs in the maritime and fisheries sector.
2) Marine sector or blue carbon policies as referred to in paragraph (1) are implemented in
accordance with the development in science and technology and can be considered in other
Sector Climate Change Mitigation Actions for the Marine Sector or blue carbon in order to
achieve NDC targets.
Paragraph 2
Climate Change Mitigation Action Planning
Article 9
Climate change mitigation action planning as intended in Article 6 paragraph (1) letter a is carried out
by implementing the following stages:
a. GHG Emission Inventory;
b. Preparation and determination of GHG Emission Baseline;
c. Preparation and setting of Climate Change Mitigation targets; and
d. Preparation and establishment of a Climate Change Mitigation Action plan.
Article 10
1) GHG Emission Inventory as intended in Article 9 letter a is carried out by:
a. Monitoring;
b. Collection; and
c. Calculation.
2) Monitoring as intended in paragraph (1) letter a is carried out to determine:
a. Results of the previous year's GHG Emission inventory;
b. Data on activity sources of GHG Emissions and/or GHG Absorption including carbon storage;
and
c. GHG Emission factors and GHG Absorption factors include carbon savings.
3) The collection as intended in paragraph (1) letter b is carried out to obtain:
a. GHG Emission and/or GHG Absorption source activity data including carbon; and
b. GHG Emission and/or GHG Absorption factors include carbon savings.
4) The calculation as intended in paragraph (1) letter c includes:
a. Calculation of GHG Emissions and/or GHG Absorption including carbon savings;
b. Uncertainty analysis to assess the accuracy of the estimated emissions;
c. Analysis of key categories covering major GHG emissions / sink sources; and
d. Quality control and assurance.
5) Calculation of GHG Emissions and/or GHG Absorption including carbon savings is the result of
multiplying activity data with the GHG Emission Factor.
6) Calculations of GHG Emissions and/or GHG Absorption including carbon savings are carried out
based on guidelines from the Intergovernmental Panel on Climate Change (IPCC) with calculation
accuracy for both activity data and GHG Emission Factors in accordance with data availability
and the level of scientific and technological progress.
7) Types of GHG emissions include compounds:
a. Carbon dioxide (CO2);
b. Methane (CH4);
c. Nitrous oxide (N2O);
d. Hydrofluorocarbons (HFCs);
e. Perfluorocarbon (PFCS); And
f. Sulfur hexafluoride (SF6).
Article 11
1) Sources of GHG emissions carried out in the GHG Emissions inventory consist of:
a. Energy procurement and use;
b. Industrial processes and product use;
c. Agriculture;
d. Forestry, peatlands, and other land uses;
e. Waste management; and
f. Other sources of GHG emissions are in accordance with developments in science and
technology.
2) GHG Emission Inventory is carried out by:
a. Minister, for national GHG Emissions Inventory;
b. The relevant Minister according to his/her authority, for sector GHG Emission Inventory;
c. Governor, for provincial GHG Emission Inventory;
d. Regent/mayor, for district/city GHG Emission Inventory; and
e. Business Actors in their business areas and/or activities, for the company's GHG Emissions
Inventory.
3) Inventory of GHG Emissions in business areas and/or activities carried out by Business Actors as
intended in paragraph (2) letter e includes:
a. Activities that have the potential to be a source of GHG emissions; and
b. Included in the NDC sector and/or NDC subsector in the GHG emission reduction target.
4) The Minister determines other sources of GHG emissions as intended in paragraph (1) letter f
based on proposals from the relevant Minister.
Article 12
The results of the implementation of the GHG Emissions inventory are reported annually using the
following mechanism:
a. Business actors to the relevant regents/mayors, governors or Ministers in accordance with
technical approval obtained no later than March;
b. The regent/mayor submits a report on the results of the GHG Emission Inventory to the
GOVERNOR via a web-based application no later than March;
c. The Governor submits a report on the results of the GHG Emission Inventory to the Minister via
a web-based application no later than June; and
d. The relevant Minister submits the GHG Inventory results report to the Minister via a web-based
application no later than June.
Article 13
1) Preparation of the GHG Emission baseline as intended in article 9 letter b is carried out based on:
a. Results of annual GHG Emission Inventory reports as intended in article 12;
b. Historical data on GHG emissions over a certain period of time;
c. Scientific database related to available GHG Emissions; And
d. Economic and social aspects.
2) Preparation of GHG Emissions baseline is carried out within the scope of:
a. National;
b. Sectors; and
c. Province.

Article 14
1) The preparation of the national GHG Emissions Baseline is coordinated by the Minister and the
Minister who coordinates government affairs in the maritime and investment sectors by
involving the relevant Ministers.
2) The national GHG Emission Baseline contains the Sector GHG Emission Baseline and the total
GHG Emission Baseline for all Sectors.
3) The results of the preparation of the national GHG Emissions Baseline are determined by the
Minister and stated in the NDC document.
4) The national GHG Emissions Baseline determined by the Minister is used as the basis for:
a. Determination of national Climate Change Mitigation targets;
b. Calculation of the amount of GHG Emissions reduction from national Climate Change
Mitigation Actions;
c. Calculation of Climate Change Mitigation target achievement; and
d. Reference to national development planning.
Article 15
1) Preparation of the Sector of GHG Emission Baseline is carried out with reference to:
a. National GHG Emission Baseline;
b. Periodic data on Sector GHG Emission inventory within a certain period of time;
c. National Medium Term Development Plan (RPJMN); and
d. Economic and social aspects.
2) The Sector of GHG Emission Baseline contains the Sub-Sectors of GHG Emission Baseline and
the total sum of GRL Emission Baseline for all Sub-Sectors.
3) Preparation of the Sector of GHG Emission Baseline is carried out by the relevant Minister in
accordance with his authority with the following provisions:
a. Power, transportation, building, and industry sub-sectors are coordinated by the Ministers
who handle government affairs in the energy and mineral resources sector;
b. The solid waste, liquid waste and garbage sub-sector is coordinated by the Minister who
carries out government affairs in the field of environmental protection and management;
c. The sub-sector of rice fields, animal husbandry and plantations, is coordinated by the
minister who carries out government affairs in the agricultural sector; and
d. The forestry sub-sector, peat and mangrove management is coordinated by the Minister who
administers government affairs in the forestry sector.
4) The preparation of the Sector GHG Emission Baseline is coordinated by the Minister and the
Minister who coordinates government affairs in the maritime and investment sectors by
involving the relevant Ministers.
5) The results of the preparation of the Sector GHG emissions Baseline are determined by the
Minister.
6) Sector GHG Emission Baseline that has been determined by the Minister is used as the basis
for:
a. Determination of Sector Climate Change Mitigation targets;
b. Calculation of the amount of GHG Emission reduction from Sector Climate Change Mitigation
Actions;
c. Calculation of Sector Climate Change Mitigation target achievement; and
d. Reference for development planning at Sector level.
Article 16
1) The preparation of the provincial GHG Emissions Baseline is carried out in accordance with the
guidelines for the preparation of the provincial GHG Emissions Baseline established by the
Minister.
2) In addition to the guidelines for preparing a provincial GHG Emissions Baseline as intended in
paragraph (1), the preparation of a provincial GHG Emissions Baseline is carried out with
reference to:
a. National GHG Emission Baseline;
b. Results of provincial and district/city GHG Emission Inventory;
c. GHG Emission series data over a certain period of time;
d. Regional Medium Term Development Plan (RPJMD); and
e. Economic and social aspects.
3) The preparation of provincial GHG Emissions apart from referring to what is intended in
paragraph (2), also refers to the Sector of GHG Emission Baseline as long as it has been
determined by the Minister.
4) The governor is obliged to prepare a provincial GHG Emissions Baseline no later than 3 (three)
months after national GHG Emissions Baseline is determined.
5) The Minister and Ministers who carry out government affairs in the country discuss the results of
preparing the provincial GHG Emissions Baseline by involving the Minister who coordinates
government affairs in the maritime and investment sectors, the relevant Ministers, and the
governor.
6) The results of the discussion on the preparation of the provincial GHG Emissions Baseline as
intended in paragraph (5) are determined by the governor and reported to the Minister.
7) The provincial GHG Emission Baseline that has been determined by the governor is used as the
basis for:
a. Setting provincial Climate Change Mitigation targets;
b. Calculation of the amount of GHG Emission reduction from provincial Climate Change
Mitigation Actions;
c. Calculation of achievement of provincial Climate Change Mitigation targets; and
d. Reference for provincial development planning.
Article 17
1) The national and/or sector GHG Emission Baseline that has been determined by the Minister can
be changed if:
a. Changes in national development policies related to climate change;
b. Addition of new activity data;
c. Changes in GHG Emission Factors; and/or
d. Methodological changes to activity data and/or GHG Emission Factors that have a significant
influence on GHG Emission calculations.
2) Changes to National and/or Sector of GHG Emission Baseline are carried out in the following
stages:
a. The Minister concerned with the Sector submits a proposal for changes to the national
and/or Sector GHG Emissions Baseline to the Minister and a copy is submitted to the
Minister who coordinates government affairs in the maritime and investment sector;
b. Based on the proposed changes as intended in letter a, the Minister and the Minister who
coordinates government affairs in the maritime and investment sector shall coordinate
discussions with the relevant Minister; and
c. In the event that changes to the national and/or Sector GHG Emission Baseline are approved,
the Minister shall determine changes to the national and/or Sector GHG Emission Baseline.
Article 18
1) The provincial GHG Emission Baseline that has been determined by the governor can be changed
if:
a. National and/or Sector GHG Emission Baseline changes;
b. Changes in provincial development policies related to climate change;
c. Addition of new activity data; and/or
d. Changes in GHG Emission Factors.
2) In the event that changes to the national and/or Sector GHG Emissions Baseline have a
significant impact on the provincial GHG Emissions Baseline, the governor must change the
provincial GHG Emissions Baseline.
3) Changes to the provincial GHG Emission Baseline are carried out in stages:
a. The Governor submits proposals for changes to the provincial GHG Emission Baseline to the
Minister and Ministers who administer domestic government affairs;
b. Ministers and Ministers who organize domestic government affairs discuss changes to the
provincial GHG Emission Baseline by involving the Minister who coordinates government
affairs in the maritime and investment sectors, relevant Ministers, and governors; And
c. In the event that the results of discussions on changes to the provincial GHG Emissions
Baseline are approved, the governor shall determine changes to the provincial GHG
Emissions Baseline and report them to the Minister.
Article 19
1) The preparation and determination of Climate Change Mitigation targets as intended in Article 9
letter c is carried out within the scope of:
a. National;
b. Sectors; And
c. Province.
2) National, Sector and provincial Climate Change Mitigation Targets are carried out by reducing
GHG Emissions in tons of CO2e.
Article 20
1) The preparation of national Climate Change Mitigation targets is carried out by considering at
least:
a. National GHG Emission Baseline;
b. Aspects of the national economy;
c. Social aspects;
d. Effectiveness of Climate Change Mitigation Actions; And
e. Resource capacity.
2) Preparation of national Climate Change Mitigation targets containing Sector Climate Change
Mitigation targets and total Sector Climate Change Mitigation targets and total Climate Change
Mitigation targets for all Sectors.
3) The preparation of national Climate Change Mitigation targets is coordinated by the Minister
and the Minister who coordinates government affairs in the maritime and investment sectors by
involving the relevant Ministers.
4) The results of the preparation of national Climate Change Mitigation targets are determined by
the Minister and included in the NDC document.
5) The national climate change mitigation targets set by the Minister are used as the basis for:
a. Determination of Sector and provincial Climate Change Mitigation targets;
b. Calculation of the amount of GHG Emission reduction from national Climate Change
Mitigation Actions;
c. Calculation of achievement of national Climate Change Mitigation targets; And
d. Reference to national development planning.
Article 21
1) Preparation of Sector Climate Change Mitigation targets refers to:
a. Sector GHG Emission Baseline;
b. National Climate Change Mitigation Target;
c. National economic and social aspects;
d. Effectiveness of Sub-Sector Climate Change Mitigation Actions; And
e. Resource capacity.
2) Sector Climate Change Mitigation Targets contain Sub-Sector Climate Change Mitigation targets
and total Climate Change Mitigation targets for all Sub-Sectors.
3) The preparation of Sector Climate Change Mitigation targets is carried out by the relevant
Minister in accordance with his authority with the following provisions:
a. The power, transportation, building and industry sub-sectors are coordinated by the Minister
who administers government affairs in the energy and mineral resources sector;
b. The solid waste, liquid waste and garbage sub-sector is coordinated by the Minister who
carries out government affairs in the field of environmental protection and management;
c. The sub-sector of rice fields, animal husbandry and plantations, is coordinated by the
Minister who administers government affairs in the agricultural sector; And
d. The forestry sub-sector, peat and mangrove management is coordinated by the Minister who
administers government affairs in the forestry sector.
4) The preparation of Sector Climate Change Mitigation targets is coordinated by the Minister and
the Minister who coordinates government affairs in the maritime and investment sectors by
involving the relevant Ministers.
5) The results of the preparation of Sector Climate Change Mitigation targets are determined by
the Minister.
6) Sector Climate Change Mitigation Targets that have been determined are used as the basis for:
a. Setting provincial Climate Change Mitigation targets;
b. Calculation of the amount of GHG Emission reduction from Sector Climate Change Mitigation
Actions;
c. Calculation of Sector Climate Change Mitigation target achievement; And
d. Sector development planning reference.
Article 22
1) The preparation of provincial Climate Change Mitigation targets is carried out in accordance with
the guidelines for preparing provincial Climate Change Mitigation targets set by the Minister.
2) In addition to the guidelines for preparing provincial Climate Change Mitigation targets as
intended in paragraph (1), the preparation of provincial Climate Change Mitigation targets is
carried out with reference to:
a. Provincial GHG Emission Baseline;
b. National Climate Change Mitigation Target;
c. Sector Climate Change Mitigation Targets;
d. Provincial economic aspects;
e. Social aspects;
f. Effectiveness of provincial Climate Change Mitigation Actions; And
g. Resource capacity.
3) The governor is obliged to prepare provincial Climate Change Mitigation targets no later than 6
(six) months after the national Climate Change Mitigation targets are set.
4) The Minister and Ministers who carry out domestic government affairs discuss the results of
preparing provincial Climate Change Mitigation targets by involving the Minister who
coordinates government affairs in the maritime and investment sectors, the relevant Ministers,
and the governor.
5) The results of the discussion on the preparation of provincial Climate Change Mitigation targets
as intended in paragraph (4) are determined by the governor and reported to the Minister.
6) The provincial Climate Change Mitigation Targets set by the governor are used as the basis for:
a. Calculation of the amount of GHG Emission reduction from provincial Climate Change
Mitigation Actions;
b. Calculation of achievement of provincial Climate Change Mitigation targets; And
c. Reference for provincial development planning.
Article 23
1) National and/or Sector Climate Change Mitigation Targets that have been determined by the
Minister can be changed if:
a. Changes in national development policies related to climate change;
b. Addition of new activity data scope at national or sector level;
c. Increased ambition through the addition of new Climate Change Mitigation Action activities
at the national or sector level; and/or
d. Increased accuracy in both activity data and GHG Emission Factors.
2) Changes to national and/or sector Climate Change Mitigation targets are carried out in stages:
a. The Minister concerned with the Sector submits proposals for changes to national and/or
Sector Climate Change Mitigation targets to the Minister and a copy is submitted to the
Minister who coordinates government affairs in the maritime and investment sectors;
b. Based on the proposed changes as referred to in letter a, the Minister and Ministers who
coordinate government affairs in the maritime and investment sector shall coordinate
discussions with the relevant Ministers; And
c. In the event that changes to the national and/or Sector Climate Change Mitigation targets
are approved, the Minister determines that the target changes are approved, the Minister
determines changes to the national and/or Sector Climate Change Mitigation targets.
Article 24
1) The provincial Climate Change Mitigation Target that has been set by the governor can be
changed if:
a. National and/or Sector Climate Change Mitigation Targets change;
b. Changes in provincial development policies related to climate change;
c. Addition of new activity data scope at provincial level;
d. Increased ambition through the addition of new Climate Change Mitigation Action activities
at the provincial level; and/or
e. Increased accuracy in both activity data and GHG Emission Factors.
2) In the event that changes to the national and/or Sector Climate Change Mitigation targets have a
significant impact on the provincial Climate Change Mitigation targets, the governor must
change the provincial Climate Change Mitigation targets.
3) Changes to provincial Climate Change Mitigation targets are carried out in stages:
a. The Governor submits proposals for changes to provincial Climate Change Mitigation targets
to the Minister and the Minister in charge of domestic government affairs;
b. Ministers and Ministers who carry out domestic government affairs discuss changes to
provincial Climate Change Mitigation targets by involving Ministers who carry out
coordination of government affairs in the maritime and investment sectors, relevant
Ministers, and governors; And
c. In the event that the results of the discussion on changing provincial Climate Change
Mitigation targets are approved, the governor shall determine changes to provincial Climate
Change Mitigation targets and report them to the Minister.
Article 25
1) Calculation of the amount of GHG Emissions reduction is carried out by comparing the GHG
Emissions Baseline with the results of the current year's GHG Emissions inventory.
2) Calculation of the amount of GHG Emission reduction is carried out through:
a. Climate Change Mitigation Action; or
b. Determination of Upper Limits on GHG Emissions.
3) Climate Change Mitigation Action as intended in paragraph (2) letter a is carried out by preparing
a Climate Change Mitigation Action plan within the scope of:
a. National; and
b. Province.
4) For efficiency and effectiveness and to provide a thorough and comprehensive picture, the
preparation of national and Sector Climate Change Mitigation Action plans can be combined in
the NDC road map.
5) Calculation of the amount of GHG Emission reduction through determining the Upper Limit for
GHG Emissions as intended in paragraph (2) letter b is carried out by compiling and determining
the level of Sub-Sector GHG Emissions as well as businesses and/or activities by the relevant
Minister.
6) Limits on Sub-Sector GHG Emissions as well as businesses and/or activities as intended in
paragraph (5) are prepared based on:
a. Sector GHG Emission Baseline;
b. National NDC targets for sectors;
c. GHG Emission inventory results; and/or
d. Target achievement time.
Article 26
1) The preparation of the national Climate Change Mitigation Action plan as intended in Article 25
paragraph (3) letter a is carried out by considering:
a. GHG Emission Baseline and national Climate Change Mitigation targets as outlined in the
NDC;
b. NDC implementation strategy;
c. Aspects of the national economy;
d. Social aspects;
e. Long Term Development Plan (RPJP);
f. Results of a review of existing Climate Change Mitigation Action plans and potential for
Climate Change Mitigation Actions;
g. Results of marking activities and budgets for the implementation of the National Medium
Term Development Plan (RPJMN); And
h. Environmental Protection and Management Plan (RPPLH).
2) The national Climate Change Mitigation Action Plan must at least contain:
a. Policies related to Climate Change Mitigation from the energy sector, industrial processes
and product use, waste, agriculture, forestry and other land uses, including Sub Sectors; And
b. Strategy for implementing national Climate Change Mitigation Action.
3) Policies related to national Climate Change Mitigation as referred to in paragraph (2) letter a
consist of:
a. Direction of national policy related to climate change;
b. Relevant Sector Policies on climate change; And
c. National, Sector and Sub-Sector Climate Change Mitigation Action Programs and plans.
4) The strategy for implementing the national climate change action plan as referred to in
paragraph (2) letter b contains at least:
a. Allocation of Baseline GHG Emissions and Sector and Sub-Sector GHG Emission reduction
targets;
b. Description of programs, mitigation activities and Climate Change Mitigating Action plans per
Sector and Sub Sector along with plans for achieving GHG Emission reduction targets; And
c. Timetable for national Climate Change Mitigation Action plans, Sectors and Sub-Sectors.
5) The mechanism for preparing a national Climate Change Mitigation Action plan is carried out in
stages:
a. The relevant Minister prepares a national Climate Change Mitigation Action plan according to
Sector and Sub Sector based on the achievement of GHG Emission reduction targets that will
be achieved in the Sector and Sub Sector;
b. The results of the preparation as intended in letter a are submitted to the Minister;
c. Ministers and Ministers who coordinate government affairs in the maritime and investment
sectors coordinate discussions involving the relevant Ministers;
d. The Minister carries out public consultations involving the relevant Ministers; And
e. The results of public discussions and consultations are determined as a national Climate
Change Mitigation Action plan by the Minister.
6) The national Climate Change Mitigation Action Plan can be one document with the NDC
roadmap.
Article 27
1) The preparation of the provincial Climate Change Mitigation Action Plan as intended in Article 25
paragraph (3) letter b is carried out by considering:
a. Provincial GHG Emission Baseline;
b. National Climate Change Mitigation Target;
c. National Climate Change Mitigation Action Plan;
d. NDC documents, NDC roadmap, and NDC implementation strategy;
e. National Climate Change Mitigation Action Plan;
f. provincial Medium Term Development Plan (RPJMD);
g. National Priority Programs and National Strategic Projects in the province;
h. Provincial economic and social aspects;
i. Effectiveness of provincial Climate Change Mitigation Actions; And
j. Resource capacity.
2) Preparation of provincial Climate Change Mitigation Action plans is carried out in accordance
with the guidelines for preparing provincial Climate Change Action plans determined by the
Minister.
3) The Governor is obliged to prepare a provincial Climate Change Mitigation Action plan no later
than 6 (six) months after the national Climate Change Mitigation Action plan is determined by
the Minister.
4) The Minister and Ministers who carry out domestic government affairs discuss the results of
preparing the provincial Climate Change Mitigation Action plan by involving the Minister who
handles government affairs in the maritime and investment sectors, the relevant Ministers, and
the governor.
5) The results of the discussion as intended in paragraph (5) are determined as the provincial
Climate Change Mitigation Action plan by the governor.
Paragraph 3
Implementation of Climate Change Mitigation Actions
Article 28
1) Implementation of Climate Change Mitigation Actions as intended in Article 6 paragraph (1)
letter b is carried out within the scope of:
a. National; and
b. Province.
2) Implementation of national Climate Change Mitigation Actions is carried out in each Sector with
the mechanism:
a. Energy, carried out by the Minister who carries out government affairs in the field of energy
and mineral resources, transportation, industry, public works, and coordinated by the
Minister who carries out government affairs in the field of energy and mineral resources;
b. Waste, carried out by the Minister who carries out government affairs in the field of
environmental protection and management, industry, agriculture, public works, and
coordinated by the Minister who carries out government affairs in the field of environmental
protection and management;
c. Industrial processes and product use are carried out by the Minister who administers
government affairs in the industrial sector;
d. Agriculture, carried out by the Minister who carries out government affairs in the agricultural
sector; And
e. Forestry, carried out by the Minister/head of the Institution that carries out government
affairs in the forestry sector, peat and mangrove management, and coordinated by the
Minister who carries out government affairs in the forestry sector.
3) Implementation of national Climate Change Mitigation Actions is coordinated by the Minister
and Ministers who coordinate government affairs in the maritime and investment sectors.
4) Implementation of provincial Climate Change Mitigation Actions is carried out by the governor
and regents/mayors for Climate Change Mitigation Actions in the regions in accordance with the
provincial Climate Change Mitigation Action plan.
5) Provincial and district/city Regional Governments, Business Actors, and/or the community play a
role in reducing GHG Emissions as part of reducing GHG Emissions as part of reducing GHG
Emissions in Sectors and Sub-Sectors.
Paragraph 4
Monitoring and Evaluation of Climate Change Mitigation Actions
Article 29
1) Monitoring and evaluation of Climate Change Mitigation Actions as intended in article 6
paragraph (1) letter c is carried out within the scope of:
a. National; And
b. Province.
2) Monitoring and evaluation of Climate Change Mitigation Actions as intended in paragraph (1) is
carried out for the implementation of activities that have an important impact at least including:
a. Policies and institutions;
b. Funding for Climate Change Mitigation Action;
c. Technology development;
d. Study;
e. Increasing community capacity and awareness; And
f. Law enforcement and legal compliance.
3) Monitoring and evaluation of national Climate Change Mitigation Actions covering sectors:
a. Energy, carried out by the Minister who carries out government affairs in the field of energy
and mineral resources, transportation, industry, public works, and coordinated by the
Minister who carries out government affairs in the field of energy and mineral resources;
b. Waste, carried out by the Minister who carries out government affairs in the fields of
environmental protection and management, industry, agriculture, public works, and
coordinated by the Minister;
c. Industrial processes and product use are carried out by the Minister who administers
government affairs in the industrial sector;
d. Agriculture, carried out by the Minister who carries out government affairs in the agricultural
sector; And
e. Forestry is carried out by the Minister/head of the Institution that carries out government
affairs in the field of forestry, peat management, coastal areas, and is coordinated by the
Minister who handles government affairs in the forestry sector.
4) Implementation of monitoring and evaluation of the national Climate Change Mitigation Action
is coordinated by the Minister and the Minister who coordinates government affairs in the
maritime and investment sectors.
5) The results of monitoring and evaluation of the national Climate Change Mitigation Action
carried out by the relevant Minister are submitted to the Minister.
6) Monitoring and evaluation of provincial Climate Change Mitigation Actions is carried out by the
governor.
7) The results of monitoring and evaluation of provincial Climate Change Mitigation Actions carried
out by the governor are submitted to the Minister.
Article 30
Further provisions regarding the implementation of Climate Change Mitigation as referred to in
articles 6 to 29 are regulated in a Ministerial Regulation.
Part Three
Climate Change Adaptation
Paragraph 1
General
Article 31
1) Implementation of efforts to achieve the NDC target through implementation of Climate Change
Adaptation as intended in Article 5 paragraph (1) letter b is carried out to:
a. Increasing Climate Change Adaptation Capacity;
b. Reducing the level of vulnerability and/or risk of climate change;
c. Taking advantage of climate change opportunities; And
d. Reducing potential loss and damage due to climate change.
2) Implementation of Climate Change Adaptation is carried out in the areas of:
a. Food;
b. Water;
c. Energy;
d. Health;
e. Ecosystem; and/or
f. Others are in accordance with developments in science, technology, resilience needs and
national capacity.
3) Other fields as intended in paragraph (2) letter f are determined by the Minister after
coordinating with the relevant Minister.
Article 32
1) Adaptation to Climate Change in other areas for the maritime sector or blue carbon is carried
out by the ministry that handles government affairs in the maritime and fisheries sector.
2) Policies in the marine or blue carbon sector as referred to in paragraph (1) are implemented in
accordance with developments in science and technology and can be taken into account in other
areas of Climate Change Adaptation Action for the marine or blue carbon sector in order to
achieve the NDC target.
Article 33
Implementation of Climate Change Adaptation is carried out through stages:
a. Climate Change Adaptation Action Planning;
b. Implementation of Climate Change Adaptation Actions;
c. Monitoring and evaluation of Climate Change Adaptation Actions.
Paragraph 2
Climate Change Adaptation Action Planning
Article 34
Climate Change Adaptation Action Planning as intended in Article 33 letter a is carried out to achieve
Climate Resilience through the following stages:
a. Inventory of Climate Change impacts;
b. Preparation and determination of a Climate Resilience Baseline;
c. Preparation and setting of Climate Resilience targets; And
d. Preparation and determination of a Climate Change Adaptation Action plan.
Article 35
1) An inventory of the impacts of Climate Change as intended in Article 33 letter a is carried out in
stages:
a. Identify areas experiencing an increase in air temperature based on historical data and
projections; And
b. Identify the impact of climate change on priority areas in the region as intended in letter a.
2) An inventory of climate change impacts is prepared by the Minister and/or head of the relevant
Institution.
3) The results of the inventory of climate change impacts at least contain:
a. Level of vulnerability, risk and impact of climate change; And
b. Climate Change Adaptation Action Options.
Article 36
1) The preparation of the Climate Resilience Baseline as intended in article 34 letter b is carried out
based on:
a. Results of an inventory of climate change impacts;
b. Long Term Development Plan (RPJP); And
c. Medium Term Development Plan (RPJMD).
2) The Climate Resilience Baseline as intended in paragraph (1) is used as the basis for:
a. Setting Climate Resilience targets;
b. Preparation of a Climate Change Adaptation Action plan; And
c. Measuring the magnitude of Climate Resilience achievements.
3) Preparation of the Climate Resilience Baseline is carried out by the Minister and/or heads of
related Institutions and coordinated by the Minister.
4) The results of the preparation of the Climate Resilience Baseline are implemented by the
Minister and stated in the NDC document.
Article 37
1) Preparation of national Climate Resilience targets as referred to in Article; 34 letters c at least
based on:
a. Climate Resilience Baseline;
b. NDC implementation roadmap and strategy;
c. National economic growth;
d. Social and cultural aspects;
e. Gender equality and vulnerable groups;
f. Effectiveness of Climate Change Adaptation Actions; And
g. National development priorities.
2) Preparation of Climate Resilience targets is carried out by the Minister/head of the relevant
Institution and coordinated by the Minister.
3) The results of preparing Climate Resilience targets as referred to in paragraph (2) are
determined by the Minister and stated in the NDC document.
Article 38
1) The Climate Resilience Baseline and/or Climate Resilience target that has been determined by
the Minister can be changed if:
a. Natural and non-natural disasters;
b. Changes in development policies related to climate change; and/or
c. Methodological changes in risk vulnerability analysis and the impact of climate change have a
significant impact.
2) Changes to the Climate Resilience Baseline and/or Climate Resilience targets are carried out in
stages:
a. The Minister and/or heads of relevant Institutions in accordance with their authority submit
proposals for changes to the Baseline and/or Climate Resilience targets to the Minister;
b. Based on the proposed changes as intended in letter a, the Minister shall coordinate with the
Minister and/or head of the relevant Institution; And
c. In the event that the proposed change to the Baseline and/or Climate Resilience target is
approved, the Minister shall determine the change to the Baseline and/or Climate Resilience
target.
Article 39
The preparation and determination of the Climate Change Adaptation Action plan as intended in
Article 34 letter d is carried out within the scope of:
a. National;
b. Province; And
c. Regency/city.
Article 40
1) The preparation of a national Climate Change Adaptation Action plan is carried out through the
following stages:
a. Preparation of Climate Change Adaptation Action options; And
b. Determining priorities for Climate Change Adaptation Action.
2) Preparation of a national Climate Change Adaptation Action plan referring to:
a. Climate Resilience Baseline and targets;
b. NDC documents, NDC roadmap, and NDC implementation strategy;
c. National Environmental Protection and Management Plan (RPPLH);
d. National Long Term Development Plan (RPJP); And
e. National Medium Term Development Plan (RPJM).
3) The national Climate Change Adaptation Action Plan contains at least:
a. Policies related to Climate Change Adaptation in each sector; And
b. Strategy for implementing Climate Change Adaptation Action.
4) Policies related to national Climate Change Adaptation in each sector as intended in paragraph
(3) letter a must contain at least:
a. Field policies related to Climate Change Adaptation; And
b. Climate Change Adaptation Action Programs and activities.
5) The strategy for implementing the national Climate Change Adaptation Action as referred to in
paragraph (3) letter b contains at least:
a. Description of programs, Climate Change Adaptation activities and Climate Change
Adaptation Action plans along with plans for achieving climate resilience targets; And
b. Resources and timeline for Climate Change Adaptation Action plans.
6) The preparation of the national Climate Change Adaptation Action plan is carried out by the
Minister/head of the relevant Institution and coordinated by the Minister.
7) The results of the preparation as intended in paragraph (6) are determined by the Minister to
become a national Climate Change Adaptation Action plan.
Article 41
1) Preparation of provincial and district/city Climate Change Adaptation Action plans is carried out
through the following stages:
a. Preparation of Climate Change Adaptation Action options; And
b. Determining priorities for Climate Change Adaptation Action.
2) Preparation of a provincial Climate Change Adaptation Action plan that at least refers to:
a. National Climate Change Adaptation Action Plan;
b. Provincial Medium Term Development Plan (RPJMD);
c. Provincial Environmental Protection and Management Plan (RPPLH).
3) Preparation of district/city Climate Change Adaptation Action plans at least referring to:
a. Pprovincial Climate Change Adaptation Action Plan;
b. District/city Regional Medium Term Development Plan (RPJMD);
c. Regency/city Environmental Protection and Management Plan (RPPLH).
4) Preparation of provincial and district/city Climate Change Adaptation Action plans containing at
least:
a. Policies related to Climate Change Adaptation in each sector; And
b. Strategy for implementing Climate Change Adaptation Action.
5) Policies related to Climate Change Adaptation of provinces and districts/cities in each sector as
well as districts/cities in each sector as intended in paragraph (4) letter a at least contain:
a. Policy fields related to Climate Change Adaptation; And
b. Climate Change Adaptation Action programs and activities.
6) The provincial and district/city Climate Change Adaptation Action implementation strategy as
referred to in paragraph (4) letter b contains at least:
a. Description of programs, Climate Change Adaptation activities and Climate Change
Adaptation Action plans, along with plans for achieving climate resilience targets; And
b. Resources and timeline for Climate Change Adaptation action plans.
7) Preparation of provincial and district/city Climate Change Adaptation Action plans is carried out
by the governor or regent/mayor in accordance with their authority.
8) The results of the preparation as intended in paragraph (7) are determined by the governor or
regent/mayor in accordance with their authority to become a provincial or district/city Climate
Change Adaptation Action plan.
Paragraph 3
Implementation of Climate Change Adaptation Actions
Chapter 42
1) Implementation of Climate Change Adaptation Actions as intended in Article 33 letter b is carried
out within the scope of:
a. National;
b. Province; And
c. Regency/city.
2) Implementation of national Climate Change Adaptation Actions is carried out in each sector with
the following provisions:
a. In the field of food security, carried out by the Minister who carries out government affairs in
the fields of agriculture, maritime affairs, fisheries, animal husbandry, forestry, plantations
and coordinated by the Minister who carries out government affairs in the agricultural
sector;
b. In the field of water security, carried out by the Minister who carries out government affairs
in the fields of public works, forestry, environmental protection and management, and
coordinated by the Minister who carries out government affairs in the field of public works;
c. The field of energy security is carried out by the Minister who carries out government affairs
in the fields of energy, forestry, public works, maritime affairs, plantations, and is
coordinated by the Minister who carries out government affairs in the energy sector.
d. In the field of health security, carried out by the Minister who carries out government affairs
in the health sector, environmental protection and management, forestry, public works, and
coordinated by the Minister who carries out government affairs in the health sector; And
e. The field of ecosystem resilience is carried out by the Minister who carries out government
affairs in the field of environmental protection and management. Forestry, maritime affairs,
and coordinated by the Minister.
3) Implementation of national Climate Change Adaptation Actions is coordinated by the Minister.
4) Implementation of provincial Climate Change Adaptation Actions is carried out by the Governor.
5) Implementation of district/city Climate Change Adaptation Actions is carried out by the
regent/mayor.
6) Business actors and the community participate in increasing Climate Resilience as part of
implementing Climate Change Adaptation.
Paragraph 4
Monitoring and Evaluation of Climate Change Adaptation Actions
Article 43
1) Monitoring and evaluation of Climate Change Adaptation Actions as intended in Article 33 letter
c is carried out within the scope of:
a. National;
b. Province; And
c. Regency/city.
2) Monitoring and evaluation as intended in paragraph (1) is carried out at least for the
implementation of:
a. Climate Change Adaptation Policy;
b. Climate Change Adaptation Action; And
c. Increasing climate change resource capacity.
3) Monitoring and evaluation of national Climate Change Adaptation Actions as referred to in
paragraph (1) letter a covers the areas of:
a. Food security is carried out by the Minister and/or heads of related institutions that carry out
government affairs in the fields of agriculture, maritime affairs, fisheries, animal husbandry,
forestry, plantations, and is coordinated by the Minister who carries out government affairs
in the agricultural sector;
b. Water security is carried out by the Minister who carries out government affairs in the field
of public works, forestry, environmental protection and management and is coordinated by
the Minister who carries out government affairs in the field of public works;
c. Energy security is carried out by the Minister who carries out government affairs in the fields
of energy, forestry, public works, maritime affairs, plantations, and is coordinated by the
Minister who carries out government affairs in the energy sector;
d. Health security is carried out by the Minister who administers government affairs in the
health sector, environmental protection and management, environmental protection and
management, forestry, public works, and is coordinated by the Minister who administers
government affairs in the health sector; And
e. Ecosystem resilience is carried out by the Minister who carries out government affairs in the
fields of environmental, forestry and marine protection and management and is coordinated
by the Minister.
4) Monitoring and evaluation of national Climate Change Adaptation Actions is coordinated by the
Minister.
5) The results of monitoring and evaluation of the national Climate Change Adaptation Action
carried out by the Minister and/or head of the relevant Institution are submitted to the Minister.
6) Monitoring and evaluation of provincial Climate Change Adaptation Actions carried out by the
governor is submitted to the Minister.
7) The results of monitoring and evaluation of provincial Climate Change Adaptation Actions carried
out by the governor are submitted to the Minister.
8) Monitoring and evaluation of district/city Climate Change Adaptation Actions is carried out by
the regent/mayor.
9) The results of monitoring and evaluation of Climate Change Adaptation Actions carried out by
the regent/mayor are submitted to the Governor.
Article 44
Further provisions regarding the implementation of Climate Change Adaptation as intended in Article
31 to Article 43 are regulated in a Ministerial Regulation.
CHAPTER IV
IMPLEMENTATION PROCEDURES
ECONOMIC VALUE OF CARBON
Part One
General
Article 45
Implementation of Climate Change Mitigation Actions and Climate Change Adaptation Actions can be
carried out through the implementation of NEK.
Article 46
1) NEK is carried out in Sectors and Sub-Sectors
2) The implementation of the NEK is carried out by:
a. Ministries / Institutions;
b. Local government;
c. Businessmen; And
d. Public.
Article 47
1) Implementation of NEK is carried out through the following mechanisms:
a. Carbon Trading;
b. Performance Based Pay;
c. Carbon Levy; and/or
d. Other mechanisms are in accordance with developments in science and technology
determined by the Minister.
2) The implementation of NEK as intended in paragraph (1) is determined by the relevant Minister
based on:
a. NDC roadmap;
b. Strategy for achieving Sector NDC targets;
c. Upper Limit on GHG Emissions;
d. Time effectiveness and cost efficiency; And
e. Development of science, technology and sector capacity.
Part Two
Carbon Trading
Article 48
1) Carbon trading as intended in Article 47 paragraph (1) letter a can be carried out through
domestic trade and/or foreign trade.
2) The main elements of implementing Carbon Trading through domestic trade and/or foreign
trade as intended in paragraph (1) include:
a. Emission Trading mechanisms and procedures;
b. GHG Emission Offset mechanisms and procedures;
c. Use of state revenues from domestic Carbon Trading;
d. Approval and recording mechanisms and procedures;
e. Trading profit sharing;
f. Guidelines for implementing Carbon Trading; And
g. The transfer of Carbon Rights status within the country is carried out through the PPI SRN
recording mechanism, and abroad it is carried out through the PPI SRN recording mechanism
and Foreign Carbon Trade authorization.
3) Carbon trading through domestic trade and/or foreign trade is carried out by:
a. Based on the relevant PPO SRN; or
b. Prioritize the use of GHG Emission Reduction Certificates produced through the national
emissions reduction certification mechanism.
4) Carbon Trading Policy through domestic trade and/or foreign trade is determined by the
Minister after coordinating with the relevant Minister.
Article 49
1) Carrying out Carbon trade through foreign trade mechanisms does not reduce the achievement
of the NDC target in 2030.
2) Domestic and foreign carbon trading is carried out through the following mechanisms:
a. Emissions Trading; and
b. GHG Emission Offset.
3) Carbon trading as intended in paragraph (2) can be carried out across sectors.
4) Further provisions regarding the implementation of Cross-Sector Carbon Trading as intended in
paragraph (3) are regulated in a Ministerial Regulation after coordinating with the relevant
minister.
Article 50
1) Emissions trading mechanism as referred to in aritcle 49 paragraph (2) letter a on Domestic
Carbon Trading includes:
a. Trading procedures;
b. MRV procedures;
c. Arrangements for the use of Carbon Units; And
d. Arrangements for the use of transfer of ownership of Carbon Units.
2) The Emission Trading Mechanism as referred to in paragraph (1) is applied to businesses and/or
activities that have an Upper GHG Emission Limit that has been determined through technical
approval by the relevant Minister.
Article 51
1) The implementation of Carbon Trading uses the Upper Limit of GHG Emissions that has been
determined as intended in Article 50 paragraph (2), selected if based on evaluation it is known
that there are businesses and/or activities:
a. Mitigation Actions carried out with emissions above the specified Upper Limit of GHG
Emissions; or
b. Mitigation Actions are carried out with emissions below the specified GHG Emission Upper
Limit.
2) The implementation of Carbon Trading as referred to in paragraph (1) is carried out by
transferring Carbon Units by Business Actors.
3) The transfer of Carbon Units as intended in paragraph (2) does not affect the achievement of the
NDC target.
Article 52
1) The GHG Emission Offset Mechanism as intended in Article 49 paragraph (2) letter b is applied in
the event that a business and/or activity that does not have an Upper Limit on GHG Emissions
provides a statement of emission reduction using the results of Mitigation Actions from other
businesses and/or activities.
2) The GHG Emission Offset as intended in paragraph (1) is applied in the case of a business and/or
activity:
a. No Upper Emission Limit is determined;
b. The results of the reduction in GHG emissions from the Climate Change Mitigation Actions
carried out are below the targets and baselines set; or
c. The results of reducing GHG emissions from the Climate Change Mitigation Actions carried
out are above the targets and baselines set.
3) The mechanism for implementing offsite GHG emissions as intended in paragraph (1) and
paragraph (2) in domestic carbon trading is:
a. Procedures for calculating Offsite GHG Emissions;
b. Procedures for providing Offsite GHG Emissions statements; And
c. Terms of use of emission reduction certificates.
Article 53
1) Businesses and/or activities whose GHG Emission reduction results from Climate Change
Mitigation Actions are below and above the target of the baseline set as intended in article 52
paragraph (2) letters b and c, are carried out when:
a. Emission surpluses or emissions reduction achievements are below the emissions target and
baseline and can be sold to other parties; or
b. The emission deficit or emission reduction achievement is above the target and below the
emission baseline, so you can buy from parties who have a surplus.
2) Purchasing GHG Emissions in GHG Emission Offsets can only be carried out after Business Actors
have carried out their obligations in reducing GHG Emissions through Climate Change Mitigation
Actions.
3) Further provisions regarding the procedures for implementing Carbon Trading are regulated in a
Ministerial Regulation.
Article 54
1) Domestic carbon trading and/or carried out by:
a. Carbon market mechanism through the Carbon Exchange; and/or
b. Live trading.
2) Carbon trading through the carbon market mechanism as intended in paragraph (1) letter a is
carried out by:
a. Development of carbon trading infrastructure;
b. Regulation of the use of state revenues from carbon trading; and/or
c. Carbon transaction administration.
3) Development of carbon trading infrastructure as referred to in paragraph (2) letter a is carried
out by the Minister and relevant ministers/heads of institutions.
4) State revenue from carbon trading as referred to in paragraph (2) letter b is non-tax state
revenue obtained from levies on carbon unit buying and selling transactions.
5) Regulations on the utilization of state revenues from carbon trading as intended in paragraph (4)
are implemented in accordance with applicable laws and regulations.
6) Administration of carbon transactions as referred to in paragraph (2) letter c is carried out
through recording and documenting the implementation of carbon trading.
7) The carbon market exchange center is located in Indonesia.
8) Further provisions regarding procedures for implementing carbon trading are regulated in a
Ministerial Regulation.
Part Three
Performance Based Pay
Article 55
1) Performance-based payments are made for the performance/benefits of reducing GHG
emissions produced by ministries/institutions, regional governments, business actors.
2) The performance-based payment mechanism as intended in paragraph (1) is carried out based
on the results of verification of the achievements in reducing GHG emissions and/or
conserving/increasing carbon reserves carried out by businesses and/or activities.
3) Performance-based payments as referred to in paragraph (1) cover the scope of:
a. International, with a mechanism that international parties can provide to the government or
provincial regional government, with the approval of the Government.
b. Nationally, with a mechanism the Government can provide it to provincial, district/city
governments, business actors, and/or the community.
c. Provinces, with provincial regional government mechanisms, can provide this to district/city
governments, business actors, and/or the community.
4) Implementation of performance-based payments as intended in paragraph (1) does not result in
a transfer of carbon ownership.
5) In the case of implementing performance-based payments, the mitigation results become NDC
target achievements.
6) Further provisions regarding performance-based payment procedures are regulated in the
relevant Ministerial Regulation.
Article 56
1) In implementing performance-based payments, the minister prepares general guidelines which
include:
a. Implementation of performance-based payments;
b. Procedures for receiving performance-based payments to the government, regional
governments, business actors and the community; And
c. Monitoring, evaluation and coaching.
2) Further provisions regarding general guidelines for performance-based payments are regulated
in Ministerial regulations.
Article 57
3) In performance-based payments, benefit arrangements are made which include:
a. Benefit recipients; And
b. Benefit sharing mechanism.
4) Beneficiaries as intended in paragraph (1) letter a include ministries/institutions, regional
governments, business actors and the community.
5) The benefit distribution mechanism as intended in paragraph (1) letter b to beneficiary
recipients is carried out based on:
a. Authority;
b. GHG Emission reduction performance; And
c. Efforts or actions to not emit GHG emissions.
6) The implementation of the Performance Based Payment benefit sharing mechanism as referred
to in paragraph (1) letter b is based on the role and contribution of each party to the
performance achievements of the Climate Change Mitigation Action and/or Climate Change
Adaptation Action.
7) Further provisions regarding the implementation of the distribution of Performance Based
Payment benefits are regulated by Ministerial Regulations.
Part Four
Levy on Carbon
Article 58
1) The implementation of NEK through the implementation of the Levy on Carbon as intended in
Article 47 paragraph (1) letter c is carried out in the form of levies in the fields of taxation, both
central and regional, customs and excise, as well as other state levies, based on carbon content
and/or potential carbon emissions and/or amount of carbon emissions and/or performance of
Climate Change Mitigation Actions.
2) The levy on carbon as referred to in paragraph (1) is carried out in accordance with the
provisions of statutory regulations.
3) The Minister who carries out government affairs in the field of state finance prepares policy
formulations and strategies for implementing the Carbon Levy after coordinating with relevant
ministers and ministries in accordance with the aim of achieving NDC targets and controlling
emissions for national development.
Article 59
1) In the implementation of fund management and distribution of benefits from the
implementation of carbon trading, performance-based payments and levies on carbon can be
made through institutions that manage environmental funds or appointed institutions.
2) The type of state revenue from levies on carbon through non-tax state revenue managed by the
institution that manages environmental funds or the designated institution as intended in
paragraph (1) is carried out in accordance with the provisions of statutory regulations.
3) In the event that there is a need for adjustments to the management and use of funds carried
out through institutions that manage environmental funds, these adjustments are carried out in
accordance with the provisions of statutory regulations.

CHAPTER V
TRANSPARENCY FRAMEWORK
Part One
General
Article 60
Efforts to achieve NDC targets through the implementation of Climate Change Mitigation, Climate
Change Adaptation, and NEK are implemented accurately, consistently, transparently, sustainably,
and responsibly through:
a. MRV;
b. PPI SRN; And
c. GHG Emission Reduction Certification.
The second part
Measurement, Reporting, and Verification or Measurement, Reporting, and Verification
Article 61
1) MRV for Climate Change Adaptation Actions, Climate Change Mitigation Actions, and NEK are
implemented in an integrated manner.
2) Integration as intended in paragraph (1) is carried out with efficient, effective and transparent
principles.
3) Guidelines for implementing MRV for Climate Change Mitigation Action, Climate Change
Adaptation Action, and NEK as intended in paragraph (1) and integrated as intended in
paragraph (2) are regulated in a Ministerial Regulation after coordinating with the relevant
minister.
Paragraph 1
Measurement
Article 62
1) Measurement of Mitigation Actions is carried out by relevant ministers, governors,
regents/mayors, and business actors to obtain:
a. Amount of GHG emissions or actual absorption; And
b. The amount of GHG Emission reduction or increase in GHG Emission absorption.
2) Measurement of the amount of GHG emissions or actual absorption as referred to in paragraph
1 letter a is carried out through:
a. Determination of action plans, locations, achievement targets and implementation periods
for Mitigation Actions;
b. Managerial system;
c. Evaluation of Mitigation Action achievements;
d. Calculation of the amount of GHG emissions by multiplying activity data and GHG emission
factors; And
e. Calculation of the amount of GHG emissions or GHG emission absorption on a regular basis.
3) The achievement of reducing GHG emissions is measured by comparing the measurement
results of reducing GHG emissions and/or increasing GHG absorption as intended in paragraph
(1) letter b with the GHG Emission Baseline.
4) Measurements as intended in paragraph (2) and paragraph (3) are carried out by the relevant
ministers, governors, regents/mayors, and business actors at least 1 (one) time in 1 (one) year.
Article 63
The target achievement of Climate Change Mitigation Action is obtained from the reduction between
the Baseline GHG Emissions and the amount of GHG Emissions or actual absorption as referred to in
article 62 paragraph (1).
Article 64
1) Measuring the achievements of the national Climate Change Adaptation Action is carried out by
the implementer of the Climate Change Adaptation Action by comparing the target indicators
and indicators in planning with the results of implementation.
2) Measurement of the achievements of the national Climate Change Adaptation Action as referred
to in paragraph (1) is carried out periodically at least 1 (one) time in 1 (one) year.
Article 65
NEK measurements are carried out by NEK implementers to obtain:
a. Technical approval for the Upper Limit of GHG Emissions;
b. Amount of GHG emissions or actual absorption; and
c. The amount of reduction in GHG emissions or increase in GHG emissions.
Paragraph 2
Reporting
Article 66
1) Reporting on the implementation of Climate Change Mitigation Actions and NEK contains
general data and technical data on implementation reporting.
2) General data contained in reporting on the implementation of Climate Change Mitigation
Actions and NEK as referred to in paragraph (1) includes:
a. Executor and person responsible for carrying out the action;
b. Title and type of activity;
c. Selected Climate Change Mitigation Action Mechanism and NEK;
d. Climate change resources include technology transfer, capacity building, and financing.
3) The technical data contained in the report on the implementation of the Climate Change
Mitigation and NEK actions as intended in paragraph (1) includes:
a. Calculation of Baseline GHG Emissions;
b. Selection of reference period in order to determine the GHG Emission Baseline;
c. Assumptions used in preparing the GHG Emission Baseline;
d. Calculation of the Upper Limit for GHG Emissions related to NEK;
e. Methodology for calculating the achievements of Climate Change Mitigation Action;
f. Monitoring results of activity data, including size, location and period of Climate Change
Mitigation Actions;
g. The amount of achievement of the target for reducing and/or absorbing GHG emissions;
and/or
h. Description of the managerial system, including the name of the person responsible for the
action as well as the system built to monitor and collect data on activities related to the
Climate Change Mitigation Action and NEK carried out.
4) Description of the managerial system, including the name of the person responsible for the
action as well as the system built to monitor and collect data on activities related to the Climate
Change Mitigation Action and NEK carried out.
5) Reporting on the implementation of Climate Change Mitigation Actions and NEK as intended in
paragraph (1) is carried out by:
a. Relevant Minister, for Sector Climate Change Mitigation Action;
b. Governors and Regents/Mayors, for Provincial and Regency/City Climate Change Mitigation
Actions; and
c. Business actors, for Climate Change Mitigation Action for their business units/areas.
6) Data on the results of reporting on Climate Change Mitigation Actions and NEK as referred to in
paragraph (1) are recorded in the PPI SRN and become the basis for verification.
7) Procedures for reporting, monitoring and evaluating Climate Change Mitigation Actions are
carried out in accordance with statutory provisions.
Article 67
8) Climate Change Adaptation Action Reporting contains data:
a. Climate Change Adaptation Action Policy;
b. Assessment of vulnerability, risks and impacts of climate change;
c. Action planning and implementation, including Baselines and targets;
d. Monitoring and evaluation;
e. Capacity building;
f. Technology; and
g. Funding for Climate Change Mitigation Action.
9) Reporting on Climate Change Mitigation Actions is carried out at least 1 (one) time in 1 (one)
year.
10) Reporting data on the implementation of Climate Change Mitigation Actions as referred to in
paragraph (1) is recorded in the PPI SRN and becomes the basis for verification.
11) Further provisions regarding procedures for reporting Climate Change Adaptation Actions are
regulated in a Ministerial Regulation.
Paragraph 3
Validation and verification
Article 68
1) Control and quality assurance of measurement results and implementation of monitoring of
Climate Change Mitigation Actions and NEK is carried out through validation and verification.
2) Validation and verification of the reporting of measurement and monitoring results of the
implementation of Climate Change Mitigation Actions, Climate Change Adaptation Actions, and
NEK are reported and recorded in the PPI SRN.
3) Validation and verification as intended in paragraph (2) is carried out by the Minister.
4) Businesses and/or activities that implement NEK related to carbon trading and performance-
based payments are required to include validation and verification results reported by
independent validators and verifiers.
5) Independent validators and verifiers as referred to in paragraph (4) have competence as
validators and verifiers of Climate Change Mitigation Action achievements.
6) Provisions regarding procedures for validation, verification and competency standards for
validators and verifiers are further regulated in a Ministerial Regulation.
Part Three
National Registry System for Climate Change Control
Article 69
1) In an effort to achieve the NDC target, every business actor is required to record and report
Climate Change Mitigation Actions, Climate Change Adaptation Actions, NEK implementation,
and climate change resources on the PPI SRN.
2) The results of recording and reporting as intended in paragraph (1) produce national, sector and
regional data related to GHG Emissions and Climate Resilience whose quality and verifiability has
been guaranteed in accordance with the provisions of statutory regulations.
3) The results of recording and reporting function as:
a. The basis for the Government's recognition of the contribution of NEK implementation in
achieving NDC targets;
b. Data and information on actions and mitigation resources for implementing NEK;
c. Efforts to avoid double counting of Climate Change Mitigation Actions; And
d. Diversion search material.
4) National, sector, sub-sector and regional data as intended in paragraph (2) become national and
international references in one GHG Emission and Climate Resilience data which is synergized
and coordinated by the Minister.
5) Further provisions regarding the implementation of SRN PPI are regulated in a Ministerial
Regulation.
Article 70
1) Business actors who do not carry out the obligation to record and report Climate Change
Mitigation Actions, Climate Change Adaptation Actions, implementation of NEK, and climate
change resources in the PPI SRN as intended in article 69 paragraph (1) will be subject to
administrative sanctions.
2) Administrative sanctions as intended in paragraph (1) are in the form of:
a. Written warning;
b. Government coercion;
c. Administrative fines;
d. Freezing of GHG Emission Reduction Certificates; And
e. Revocation of GHG Emission Reduction Certificate.
3) The imposition of administrative sanctions does not exempt the person responsible for the
business and/or activity from civil sanctions and criminal sanctions in accordance with the
provisions of statutory regulations.
4) Further provisions regarding procedures for implementing sanctions are regulated in a
Ministerial Regulation.
Part Four
Emission Reduction Certificate
Article 71
1) GHG Emission reduction certification is used in implementing NEK.
2) GHG Emission reduction certification is intended as a tool for:
a. Evidence of GHG Emission reduction performance;
b. Carbon trading;
c. Payment for the results of Climate Change Mitigation Actions;
d. GHG Emission Compensation; And
e. Proof of environmentally sound business performance and/or activities to obtain financing
from bond and sukuk schemes.
3) GHG Emission reduction certificates are given to businesses and/or activities through the
following stages:
a. Registration at SRN PPI;
b. Verification by independent verifier; And
c. The verification results are reported to the Minister and become the basis for consideration
of certificate issuance.
4) In the event that business actors do not report the measurement results of NEK organizers in the
SRN PPI, the Minister will not issue a GHG Emission Reduction Certificate.
5) In issuing the certificate as intended in paragraph (3) letter c, the Minister assigns the Director
General who carries out the climate change control function.
6) 1Further provisions regarding GHG Emission Reduction Certification are regulated in a Ministerial
Regulation.
Article 72
1) In the2 event that a business and/or activity uses a GHG Emission certification scheme other than
the GHG Emission Reduction Certificate as intended in Article 71, it must fulfill the following
requirements:
a. In accordance with the principles, procedures and provisions in international standards
and/or Indonesian National Standards in accordance with ISO 14064 and ISO 14065;
b. The competency of the certification scheme organizers is accredited by the National
Accreditation Committee.
2) Recognition of other GHG Emission certification schemes as intended in paragraph (1) is carried
out by the Minister.
Article 73
1) GHG Emission reduction certificates can be used by:
a. Certificate holders, to participate in carbon trading with authorization from the Minister and
Performance Based Payments to fulfill obligations related to achieving Indonesia's NDC
targets;
b. Government, to serve as the basis for calculating Carbon Charges;
c. The certificate holder, to serve as the basis for the organization's or product's associated
carbon label in accordance with the standards and certification scheme of the relevant label
instrument;
d. Certificate holders, to become the basis for providing information for consumers, supply
chains and sustainability reports and information instruments; And
e. Certificate holders, to be the basis for applying for access to environmentally friendly
financing, or sustainable financing as financial instruments.
2) The use of GHG Emission Reduction certificates as intended in paragraph (1) is carried out in
accordance with the provisions of statutory regulations.
3) GHG Emission Reduction Certificates are prohibited from being used in contracts with other
parties that contain the transfer of rights to the value of GHG Emission Reduction certification in
international trade without authorization from the Minister.
4) In the event of a violation of the prohibition as intended in paragraph (2), the Minister shall
revoke the GHG Emission Reduction Certificate.
5) Revocation of the GHG Emission Reduction Certificate is carried out after a maximum of 3 (three)
written warnings and/or warnings have been given.
6) In the event that the Minister does not issue a GHG Emission Reduction Certificate as intended in
paragraph (3), Business Actors are prohibited from carrying out NEK implementation so that they
cannot have the opportunity to obtain economic benefits from implementing NEK.
7) In order to ensure that all Mitigation Actions and GHG Emission reduction results by parties in
Indonesia who have obtained certificates from other parties included in the PPI SRN are traceable
and compatible with the GHG Emission Reduction Certification, the GHG Emission Reduction
Certification organizer develops and implements a mechanism mutual recognition with other
GHG Emission certification schemes.
8) GHG Emission Certificates produced by certification mechanisms other than the National GHG
Emission reduction certification mechanism can be used in domestic Carbon Trading if:
a. Derived from Mitigation Actions within the territory of the Unitary State of the Republic of
Indonesia;
b. Derived from Mitigation Actions before 2021;
c. Derived from a certification mechanism organized by a party with a good reputation;
d. Derived from a mechanism that requires verification to be carried out by a competent third
party; and
e. Recorded in SRN PPI.
Article 74
1) In implementing the NEK, a climate change control action label system is implemented which is
part of the environmentally friendly label system.
2) The climate change control action label system as intended in paragraph (1) provides verified
information about the performance of climate change actions on a product, activity or
institution.
3) The application of the climate change control action label aims to:
a. Fulfilling market demand;
b. Increasing market demand; And
c. Strengthening an environmentally friendly image to the public.
4) The climate change control action label can be used to procure environmentally friendly goods
and/or services.
Article 75
1) In the event that GHG Emission offset trading business actors do not carry out their obligations:
a. Recording the implementation of mitigation actions;
b. Climate Change Mitigation Action; And
c. GHG Emission offset mechanisms and procedures.
2) The Minister can provide disincentives including administrative sanctions after coordinating and
obtaining approval from the relevant minister.
3) The implementation of administrative sanctions is carried out as regulated in article 70
paragraph (2), paragraph (3), and paragraph (4).
4) The imposition of administrative sanctions does not exempt the person responsible for the
business and/or activity from civil sanctions and criminal sanctions in accordance with the
provisions of statutory regulations.
5) Further provisions regarding procedures for implementing sanctions are regulated in a
Ministerial Regulation.
Article 76
1) In the event that Business Actors do not report the implementation of Climate Change
Mitigation Actions, Climate Change Adaptation Actions, NEK, and climate change resources on
the SRN PPI, the Minister does not issue a GHG Emission Reduction certificate and/or does not
provide authorization.
2) In the event that the Minister does not issue a GHG Emission Reduction Certificate and/or does
not provide authorization as intended in paragraph (1), Business Actors are prohibited from
implementing NEK.
Article 77
1) The Minister manages mutual recognition cooperation in Foreign Carbon Trade.
2) Management of mutual recognition cooperation as intended in paragraph (1) is carried out
through:
a. Disclose information on the use of MRV standards to each other;
b. Carrying out conformity assessments on the use of international standards and/or
Indonesian National Standards;
c. Statement of conformity assessment results against international standards and/or
Indonesian National Standards;
d. Creating and implementing mutual recognition cooperation;
e. Record certification recognized by both parties in SRN PPI.
3) Mutual recognition cooperation as referred to in paragraph (1) is supported by the capacity to
carry out verification, publication and promotion of cooperation.
4) Further provisions regarding procedures for managing mutual recognition cooperation in foreign
carbon trading are regulated in a Ministerial Regulation.
CHAPTER VI
MONITORING AND EVALUATION
Article 78
1) In order to achieve the 2030 NDC target, monitoring and evaluation of GHG emission reduction
achievements is carried out.
2) Monitoring and evaluation of GHG emission reduction achievements within the framework of
NDC is carried out on:
a. Implementation of GHG inventory;
b. Implementation of Climate Change Mitigation;
c. Implementation of Climate Change Adaptation;
d. Implementation of NEK;
e. Implementation of the transparency framework; And
f. Implementation of coaching.
3) Monitoring and evaluation is carried out by:
a. Minister, for national monitoring and evaluation;
b. Relevant Ministers according to their authority, for monitoring and evaluating Sectors and
Sub-Sectors;
c. Governor, for provincial monitoring and evaluation;
d. Regent/mayor, for monitoring and evaluating districts/cities; And
e. Business actors, for monitoring and evaluating companies in their business areas and/or
activities.
Article 79
1) The results of monitoring and evaluation carried out by Business Actors are submitted to the
regent/mayor, governor or relevant minister, in accordance with the technical approval that has
been determined.
2) The results of monitoring and evaluation carried out by the regent/mayor are submitted to the
governor;
3) The results of monitoring and evaluation carried out by the governor are submitted to the
minister.
4) The results of monitoring and evaluation carried out by the relevant minister are submitted to
the Minister.
Article 80
1) Based on the results of monitoring and evaluation as intended in article 79, the Minister
prepares a report on the implementation of the NEK to achieve the NDC target by involving
ministers and/or heads of related institutions.
2) The report as intended in paragraph (1) contains at least:
a. National GHG inventory results;
b. National GHG Emission Baseline;
c. National GHG Emission reduction target;
d. National Climate Change Mitigation Action Plan;
e. National Climate Change Adaptation Action Plan;
f. Results of NEK implementation for achieving NDC targets; And
g. Performance of national GHG emission reduction achievements.
3) The results of preparing the report as intended in paragraph (1) are submitted to the President
through the Minister who coordinates affairs in the maritime and investment sector at least 1
(one) time in 1 (one) year.
CHAPTER VII
DEVELOPMENT AND FUNDING
Part One
Coaching
Article 81
1) Ministers, ministers who administer domestic affairs, and related ministers provide guidance in
the field of carrying out GHG Emissions inventories, achieving NDC targets, NEK instruments, and
controlling GHG Emissions in development to provincial governments, Business Actors, and
Stakeholders, as a whole. individually or together according to needs and in accordance with the
provisions of laws and regulations.
2) The Governor provides guidance in the areas of implementing GHG Emissions inventories,
achieving NDC targets, NEK instruments, and controlling GHG Emissions in development to
district/city regional governments and stakeholders.
3) The Regent/Mayor provides guidance in the field of implementing GHG Emissions inventory,
achieving NDC targets, NEK instruments, and controlling GHG Emissions in development to
stakeholders.
4) Coaching is carried out systematically, harmoniously and measurably.
Article 82
1) In carrying out guidance as intended in article 81, the Government can increase the participation
of parties in implementing Climate Change Mitigation Actions and Climate Change Adaptation
Actions and NEK through:
a. Provision of information;
b. Increased capacity, and/or
c. Appreciation and appreciation.
2) The provision of information as intended in paragraph (1) letter a includes at least information:
a. Procedures and mechanisms for administering NEK;
b. Trading opportunities, carbon prices and carbon markets;
c. Climate Change Mitigation Action;
d. Mapping the level, status and projections of national, sectoral, regional government and
business GHG emissions;
e. Achievement of annual GHG Emission reduction;
f. Climate Change Adaptation Action;
g. Non-carbon value, including but not limited to biodiversity, tourism, water value and other
environmental services;
h. Joint benefits between Mitigation Results and for implementing Climate Change Adaptation
Actions;
3) Capacity building as referred to in paragraph (1) letter b is carried out with technical guidance on
efforts to achieve NDC targets and implementation of NEK.
4) In the event that NEK is carried out by the community, the Minister can facilitate MRV
assistance.
5) The Minister can give appreciation and appreciation as intended in paragraph (1) letter c to
businesses and/or activities that reduce GHG emissions beyond their obligations through their
own efforts and/or to implementers of Climate Change Adaptation Actions.
6) Further provisions regarding procedures for increasing participation of parties are regulated in a
Ministerial Regulation.
Part Two
Funding
Article 83
1) Funding required for the implementation of NEK, Climate Change Mitigation and Climate Change
Adaptation can be sourced from:
a. State Budget (APBN) and/or Regional Budget (APBD);
b. Businesses and/or activities that produce GHG emissions and participate in the
implementation of NEK;
c. Allocation of distribution of benefits from implementing NEK, especially for Climate Change
Adaptation activities; and/or
d. Other sources that are valid and non-binding in accordance with the provisions of laws and
regulations.
2) Funding sourced from the APBN as referred to in paragraph (1) letter a can be met from pure
rupiah, loans, issuance of state securities and/or other sources of financing in accordance with
the provisions of statutory regulations.
3) The funding framework is carried out through integration of funding sources utilized in the
context of achieving national development targets.
CHAPTER VIII
STEERING COMMITTEE
Article 84
1) In order to provide policy direction and implementation of the NEK instrument to achieve NDC
and control GHG emissions in development, a steering committee was formed.
2) The steering committee as intended in paragraph (1) has the task of providing direction
regarding NEK policy to achieve NDC and control GHG emissions for development.
The composition of the steering committee consists of:
a. Chairman: Coordinating Minister for Maritime Affairs and Investment
b. Deputy Chairman: Coordinating Minister for Economic Affairs
c. Member:
1. Minister of Home Affairs;
2. Minister of Finance;
3. Minister of Environment and Forestry;
4. Minister of National Development Planning / Head of the National Development Planning
Agency;
5. Minister of Energy and Mineral Resources;
6. Minister of Industry;
7. Minister of Transportation;
8. Minister of Public Works and Public Housing;
9. Minister of Agriculture;
10. Minister of Maritime Affairs and Fisheries;
11. Minister of Trade;
12. Head of the Meteorology, Climatology and Geophysics Agency; And
13. Head of the Peat and Mangrove Restoration Agency.
d. Head of Division:
1. In charge of the substance of the NDC and NEK, the Minister of Environment and Forestry;
2. In charge of regional coordination, the Minister of Home Affairs; And
3. In charge of fiscal substance and financing, Minister of Finance.
3) In carrying out its duties, the steering committee may involve ministries/non-ministerial
government agencies, regional governments and other related parties.
4) In carrying out its duties, the steering committee is assisted by the secretariat and working
groups.
5) The structure and work procedures of the steering committee, secretariat and working groups
are regulated in a ministerial regulation that coordinates government affairs in the maritime and
investment sectors as chairman of the steering committee.
CHAPTER IX
TRANSITIONAL PROVISIONS
Article 85
The implementation of National and Regional Action Plans related to reducing GHG Emissions which
are still in effect shall be adjusted to this Presidential Regulation no later than 1 (one) year after this
Presidential Regulation is promulgated.
Article 86
1) Business actors who have implemented carbon trading or performance-based payments before
this Presidential Regulation comes into effect, are required to record and report the
implementation of Climate Change Mitigation Actions and Carbon Units owned through SRN PPI
no later than 1 (one) year after this Presidential Regulation is promulgated.
2) Business actors who do not carry out the obligation to record and report Climate Change
Mitigation Actions and Carbon Units owned by SRN PPI as intended in paragraph (1), cannot sell
the remaining Carbon Units owned.
3) Carbon Units that are still owned by business actors and have been registered and reported via
SRN PPI as intended in paragraph (1) can be sold only for Domestic Carbon Trading.
4) Business actors who have implemented Carbon Trading or Performance-Based Payments before
this Presidential Regulation comes into force are obliged to adapt to the provisions regarding the
procedures for implementing NEK as regulated in this Presidential Regulation no later than 2023.
5) Business actors who carry out new transactions since this Presidential Regulation came into
force but have not yet made adjustments as intended in paragraph (4) are subject to additional
obligations in the form of payment of benefit sharing for the carbon value transacted.
6) Business Actors who already have a Carbon Unit and have not implemented Carbon Trading
transactions or Performance Based Payments, are required to follow the provisions regarding
the procedures for implementing NEK no later than 1 (one) year from the promulgation of this
Presidential Regulation.
CHAPTER X
CLOSING PROVISIONS
Article 87
Implementing regulations from:
a. Presidential Regulation Number 61 of 2011 concerning National Action Plan for Reducing
Greenhouse Gas Emissions; and
b. Presidential Regulation Number 71 of 2011 concerning the Implementation of Greenhouse Gas
Inventories, is stated to still be valid as long as it does not conflict with or has not been replaced
based on the provisions of this Presidential Regulation.
Article 88
When this regulation applies:
c. Presidential Regulation Number 61 of 2011 concerning National Action Plan for Reducing
Greenhouse Gas Emissions; And
d. Presidential Regulation Number 71 of 2011 concerning Implementation of Greenhouse Gas
Inventories,
Revoked and declared invalid.
Article 89
The implementing regulations for this Presidential Regulation shall be stipulated no later than 1 (one)
year after this Presidential Regulation is promulgated.
Article 90
This Presidential Regulation comes into force from the date of promulgation.
LAWS OF THE REPUBLIC OF INDONESIA
NUMBER 41 OF 2009
ABOUT
SUSTAINABLE FOOD AGRICULTURAL LAND PROTECTION
HEAR THE GRACE OF GOD ALMIGHTY
PRESIDENT OF THE REPUBLIC OF INDONESIA
Considering:
a. That food agricultural land is part of the earth as a gift from God Almighty which is controlled by
the state and used for the greatest prosperity and welfare of the people as mandated in the
1945 Constitution of the Republic of Indonesia;
b. That Indonesia as an agricultural country needs to guarantee the provision of sustainable food
agricultural land as a source of sustainable food agriculture as a source of work and a decent
living for humanity by prioritizing the principles of togetherness, efficiency, justice, sustainability,
environmental insight and independence, as well as by maintaining balance and progress. , and
national economic unity;
c. That the state guarantees the right to food as a human right of every citizen so that the state is
obliged to guarantee food independence, security and sovereignty;
d. That the increasing population growth and economic and industrial development has resulted in
degradation, conversion and fragmentation of food agricultural land which has threatened the
regional carrying capacity nationally in maintaining food independence, security and
sovereignty;
e. That in accordance with agrarian reform which concerns the restructuring of control, ownership,
use and utilization of agrarian resources, it is necessary to protect food agricultural land in a
sustainable manner;
f. That based on the considerations as intended in letters a, b, c, d, and e, it is necessary to
establish a Law on Sustainable Food Agricultural Land Protection;
Observing :
1. Article 20, Article 21, Article 27 paragraph (2), Article 28 A, Article 28 C, and Article 33 of the
1945 Constitution of the Republic of Indonesia;
2. Law Number 5 of 1960 concerning Basic Agrarian Regulations
(State Gazette of the Republic of Indonesia of 1960 Number 104, Supplement to the State
Gazette of the Republic of Indonesia Number 2043);
3. Law Number 26 of 2007 concerning Spatial Planning (State Gazette of the Republic of Indonesia
of 2007 Number 68, Supplement to State Gazette of the Republic of Indonesia Number 4725);
With the Joint Approval of
THE HOUSE OF REPRESENTATIVES (DPR)
and
THE PRESIDENT OF THE REPUBLIC OF INDONESIA:
To Enact:
LAW CONCERNING PROTECTION OF SUSTAINABLE PANGAM AGRICULTURAL LAND.
CHAPTER I
GENERAL REQUIREMENTS
Article 1
In this Law what is meant by:
1. Land is the land part of the earth's surface as a physical environment which includes land and all
factors that influence its use such as climate, relief, geographical and hydrological aspects that
are formed naturally or as a result of human influence.
2. Agricultural land is a plot of land used for agricultural business.
3. Sustainable food agricultural land is an area of agricultural land that is determined to be
protected and developed consistently to produce staple food for national food independence,
resilience and sovereignty.
4. Sustainable food agricultural reserve land is potential land whose use is protected so that its
suitability and availability remain controlled for use as sustainable food agricultural land in the
future.
5. Sustainable food agricultural land protection is a system and process for planning and
determining, developing, utilizing and fostering, controlling and monitoring food agricultural
land and its areas in a sustainable manner.
6. Rural areas are areas that have agricultural primary activities including the management of
natural resources with the function of the area as a place for rural settlements, government
services, social services and economic activities.
7. Sustainable food farming areas are agricultural cultivation areas, especially in rural areas which
have stretches of sustainable food farming land and/or stretches of sustainable food farming
reserve land as well as supporting elements with the main function of supporting national food
independence, resilience and sovereignty.
8. Food agriculture is a human effort to manage land and agroecosystems with the help of
technology, capital, labor and management to achieve food sovereignty and security as well as
people's welfare.
9. Food independence is the ability to produce food in the country supported by food security
institutions that are able to guarantee the fulfillment of adequate food needs at the household
level, both in quantity, quality, safety and affordable prices, supported by various food sources
according to with local diversity.
10. Food security is a condition where household food is met, which is reflected in the availability of
sufficient food, both in quantity and quality, safe and evenly distributed. and affordable.
11. Food sovereignty is the right of states and nations who can independently determine their food
policies, which guarantee food rights for their people, and give their people the right to
determine a food farming system that is in accordance with the potential of local data sources.
12. Food farmers, hereinafter referred to as farmers, are every Indonesian citizen and their family
who cultivate land for staple food commodities on Sustainable Food Farming Land.
13. Staple food is anything that comes from biological sources, both vegetable and natural, which is
intended as main food for human consumption.
14. Every person is an individual, group of people, or corporation, whether in the form of a legal
entity or non-legal entity.
15. Conversion of Sustainable Food Agricultural Land is a change in the function of sustainable Food
Agricultural Land to non-Sustainable Food Agricultural Land, either permanently or temporarily.
16. Spatial Planning is the result of spatial planning.
17. Irrigation is the business of providing and regulating water to support agriculture.
18. The Central Government, hereinafter referred to as the Government, is the President of the
Republic of Indonesia who holds the authority of the Republic of Indonesia as intended in the
1945 Constitution of the Republic of Indonesia.
19. Regional Government, means the Governor, Regent, or Mayor, and regional apparatus, as
elements of regional administration.
20. Minister is the Minister in charge of agricultural affairs.
21. The Sustainable Food Agricultural Land Information Center is a center that organizes the
information system and administration of Sustainable Food Agricultural Land and Sustainable
Food Agricultural Reserve Land at government institutions with authority in the land sector.
22. Abandoned land is land that has been granted rights by the state in the form of ownership
rights, business use rights, building use rights, use rights, management rights, or the basis for
control over land that is not authorized, not used, or not utilized according to the circumstances,
or the nature and purpose, granting of rights or basis for control.
23. Banks for farmers are business entities that are at least in the form of microfinance institutions
with priority sources of financing in the form of government and regional government funds as
stimulants, social responsibility funds, and business entity environment, as well as community
funds in order to increase capital, banks for farmer welfare.
CHAPTER II
PRINCIPLES, OBJECTIVES AND SCOPE
Article 2
Sustainable Food Agricultural Land Protection is carried out on the principles of:
a. Benefit;
b. Sustainability and consistency;
c. Integration;
d. Openness and accountability;
e. Togetherness and mutual cooperation;
f. Participative;
g. Justice;
h. Harmony, harmony, and balance;
i. Environmental sustainability and local wisdom;
j. Decentralization;
k. State responsibility;
l. Diversity; And
m. Social and cultural.
Article 3
Sustainable Food Agricultural Land Protection is carried out with the aim of:
a. Protecting Food Agriculture areas and land in a sustainable manner;
b. Ensure the availability of Food Agricultural Land in a sustainable manner;
c. Realizing independence, resilience and food sovereignty;
d. Protecting farmers' ownership of food agricultural land;
e. Increasing the prosperity and welfare of farmers and society;
f. Increasing protection and empowerment of farmers;
g. Increasing the provision of employment opportunities for a decent living;
h. Maintaining ecological balance;
i. Realizing agricultural revitalization.
Article 4
The scope of Sustainable Food Agricultural Land Protection includes:
a. Planning and determination;
b. Development;
c. Study;
d. Utilization;
e. Coaching;
f. Control;
g. Supervision;
h. Information Systems;
i. Protection and empowerment of farmers;
j. Financing; And
k. Community participation.
Article 5
Food Agricultural Land designated as Sustainable Food Agricultural Land can be in the form of:
a. Irrigated land;
b. Land reclamation for tidal and non-tidal swamps (lebak); and/or
c. Land is not irrigated.
CHAPTER III
PLANNING AND SETTING OF THE GOALS
Part One
General
Article 6
Protection of Sustainable Food Farming Land is carried out on Agricultural Land and Sustainable Food
Reserve Land located within or in the area of food farming areas.
Article 7
1) Sustainable Food Farming Lands within Sustainable Food Farming Areas or outside Sustainable
Food Farming Areas are located in rural areas and/or in urban areas in regency/city areas.
2) Areas of activities other than sustainable food agriculture activities within food agriculture areas
are determined by taking into account the area and population.
Article 8
If there is food agricultural land in the city area, the land can be designated as Sustainable Food
Agricultural Land to be protected.

Part Two
Planning
Article 9
1) Protection of Sustainable Food Agricultural Land is carried out based on Sustainable Food
Agricultural Land planning.
2) Sustainable Food Farming Land Planning is carried out at:
a. Sustainable Food Agriculture Area;
b. Sustainable Food Farming Land; And
c. Sustainable Food Agriculture Reserve Land.
3) Planning as intended in paragraph (2) is based on:
a. Population growth and food consumption needs of the population;
b. Productivity growth;
c. National food needs;
d. Need and availability of food agricultural land;
e. Development of science and technology; And
f. Farmers' meeting.
4) Planning for land needs and availability as intended in paragraph (3) letter d, is carried out on
existing food agricultural land and reserve land.
5) Existing food agricultural land and reserve land as intended in paragraph (4) are based on:
a. Land suitability;
b. Availability of infrastructure;
c. Land use;
d. Technical potential of land; and/or
e. The unit area of land.
Article 10
1) The planning as intended in article 9 is used as a basis for preparing predictions of production
amounts, standard land area, and distribution of Sustainable Food Farming Land locations and
supporting activities.
2) Production quantity planning is planning the amount of production of various types of Staple
Food in a certain time period at the national, provincial and district/city levels; and/or
3) Planning for the area and distribution of locations for Sustainable Food Agricultural Land is
planning regarding the reserve area, existing land area, and intensity of food agricultural
landscaping, at the national, provincial and district/city levels.
Article 11
1) Sustainable Food Farming Land Planning is prepared at the national, provincial and district/city
levels;
2) Planning as intended in paragraph (1) consists of:
a. Long term planning;
b. Medium term planning; And
c. Annual planning.
Article 12
1) National Sustainable Food Farming Land Planning becomes a reference for provincial and
district/city Sustainable Food Farming Lands.
2) Provincial Sustainable Food Farming Land Planning becomes a reference for district/city
Sustainable Food Farming Lands.
Article 13
1) Long-term and medium-term Sustainable Food Farming Land Planning includes analysis and
predictions, targets, as well as preparation of reserve land area and raw land area.
2) Annual sustainable Food Agricultural Land Planning includes production targets, planting area,
distribution, as well as policies and financing.
Article 14
1) Sustainable Food Farming Land Planning begins with the preparation of planning proposals by
the Government, provincial regional governments and city district governments.
2) Planning for proposals for Sustainable Food Agricultural Land is carried out based on:
a. Inventory;
b. Identification; And
c. Study
Article 15
The planning proposal as intended in article 14 paragraph (1) is distributed to the community to
obtain responses and suggestions for improvement.
1) Responses and suggestions for improvement from the community as intended in paragraph (1)
are taken into consideration for planning Sustainable Food Farming.
2) Proposals for Sustainable Food Farming Land can be submitted by the community for discussion
and consideration with the village, sub-district and district/city governments.
Article 16
1) The inventory as referred to in article 14 paragraph (2) letter a is a collection of data on control,
ownership, use, use or management of rights to food agricultural land.
2) The inventory as intended in paragraph (1) is carried out by prioritizing participatory principles to
improve community welfare.
Part Three
Determination
Article 17
The determination of the Sustainable Food Agriculture Land Plan is contained in the Long-Term
Development Plan (RPJP), Medium Term Development Plan (RPJM), and Annual Plans both nationally
through Government Work Plans (RKP), provincial and district/city.
Article 18
Protection of Sustainable Food Farming Land is carried out by determining:
a. Sustainable Food Agriculture Area;
b. Sustainable Food Farming Land both inside and outside the Sustainable Food Farming Area; and
c. Sustainable Food Agriculture Reserve Land both inside and outside the Sustainable Food
Agriculture Area.
Article 19
1) Determination of Sustainable Food Agriculture Areas as referred to in article 18 letter a is part of
the determination of Rural Area spatial plans in regency areas in the regency spatial plan in
accordance with the provisions of statutory regulations.
2) Determination of Sustainable Food Agriculture Areas as intended in paragraph (1) is the basis for
zoning regulations.
Article 20
1) Determination of Sustainable Food Farming Land as referred to in article 18 letter b is part of the
determination in the form of a detailed spatial plan for district/city areas in accordance with
statutory regulations.
2) Determination of Sustainable Food Farming Land as intended in paragraph (1) is the basis for
drafting zoning regulations.
Article 21
Determination of Sustainable Food Agriculture Reserve Land as referred to in article 18 letter c is part
of the determination in the form of a detailed spatial plan for district/city areas in accordance with
statutory regulations.
Article 22
1) The national Sustainable Food Agricultural Land Protection Plan that has been established
becomes a reference for preparing provincial and district/city Sustainable Food Agricultural Land
Protection planning.
2) The provincial Sustainable Food Agricultural Land Protection Plan which has been established
becomes a reference for preparing district/city Sustainable Food Agricultural Land Protection
planning.

Article 23
1) Determination of National Sustainable Food Agriculture Areas is regulated in Government
Regulations regarding National Regional Spatial Planning.
2) Determination of Provincial Sustainable Food Agriculture Areas is regulated in Regional
Regulations regarding Provincial Spatial Planning.
3) Determination of Regency/City Sustainable Food Agriculture Areas is regulated in Regional
Regulations regarding Regency/City Regional Spatial Planning.
4) Determination of areas as intended in paragraphs (1), (2), and (3) is carried out in accordance
with the provisions of statutory regulations.
Article 24
1) In the event that a certain Sustainable Food Agriculture Area requires special protection, the
area can be designated as a national strategic area.
2) Special protection as intended in paragraph (1) is carried out by considering:
a. Food agricultural area;
b. Productivity of food agriculture areas;
c. Technical potential of land;
d. Infrastructure reliability; and
e. Availability of agricultural facilities and infrastructure.
Article 25
1) Determination of Sustainable Food Farming Land in city areas as intended in article 8 is
determined by Regional Regulations.
2) Determination of Sustainable Food Farming Land in city areas as intended in paragraph (1) is the
basis for zoning regulations to control the use of city area space.
Article 26
Further provisions regarding procedures, requirements and criteria for determining Sustainable Food
Agricultural Land Protection as intended in articles 17 to article 25 are regulated in Government
Regulations.
CHAPTER IV
DEVELOPMENT
Article 27
1) Development of Sustainable Food Agricultural Areas and Sustainable Food Agricultural Lands
includes land intensification and extensification.
2) Development as intended in paragraph (1), is carried out by the Government, provincial regional
governments, and district/city governments, communities and/or corporations whose main
activities are in the field of food crop agribusiness.
3) The corporation referred to in paragraph (2) can take the form of a cooperative and/or plasma
core company with the majority of shares controlled by Indonesian citizens.
4) In terms of development as intended in paragraph (1), the Government, provincial regional
governments and district/city regional governments carry out an inventory and identification.
Article 28
Intensification of Sustainable Food Farming Areas and Sustainable Food Farming Lands, as intended in
article 27 paragraph (1) is carried out by:
a. Increased soil fertility;
b. Improving the quality of seeds/seedlings;
c. Food crop diversifier;
d. Prevention and control of plant pests;
e. Irrigation development;
f. Utilization of agricultural technology;
g. Development of agricultural innovation;
h. Agricultural extension; and/or
i. Guaranteed access to capital city.
Article 29
1) Extensification of Sustainable Food Farming Areas and Sustainable Food Farming Lands as
intended in article 27 paragraph (1) is carried out by:
a. Sustainable Food Farming Land Printing:
b. Determination of food agricultural land as Sustainable Food Agricultural Land; and
c. Transferring the function of non-food agricultural land to Sustainable Food Agricultural Land.
2) Extensification of Sustainable Food Farming Areas and Sustainable Food Farming Lands as
intended in paragraph (1) is carried out through food crop agribusiness.
3) The transfer of the function of non-food agricultural land to Sustainable Food Agricultural Land
as intended in paragraph (1) letter c is mainly carried out on abandoned land and land in former
forest areas which have not been granted land rights in accordance with the provisions of
statutory regulations.
4) Abandoned land can be converted into Sustainable Food Farming Land as intended in paragraph
(2) if:
a. The land has been given land rights, but part or all of it is not cultivated, not used, and not
exploited in accordance with the nature and purpose of granting the rights; or
b. The land has not been used for 3 (three) years or more since the date the right was issued.
5) Former forest area land can be converted into Sustainable Food Farming Land as intended in
paragraph (2) if:
a. The land has been given the basis for land control, but part or all of it has not been utilized in
accordance with permission/decision/letter from the authorities and has not been followed
up with an application for land rights; or
b. The land has not been utilized for 1 (one) year or more in accordance with the
permit/decision/letter from the authorities.
6) Abandoned land and former forest land as referred to in paragraphs (3) and (4) are administered
by the Sustainable Food Agriculture Land Information Center at the institution whose duties and
responsibilities are in the land sector.
7) Criteria, determination, procedures and mechanisms for taking over and distributing Abandoned
Land for the development of Sustainable Food Agricultural Land are regulated by Government
Regulations.
CHAPTER V
STUDY
Article 30
1) Sustainable Food Agricultural Land Protection is carried out with research support.
2) The research as intended in paragraph (1) is carried out by the Government, provincial regional
governments and district/city regional governments.
3) Research as intended in paragraph (1) at least includes:
a. Development of food diversity;
b. Identification and mapping of land suitability;
c. Sustainable Food Farming Land zoning mapping;
d. Agricultural innovation;
e. Agroclimatology and hydrology functions;
f. Ecosystem function; and
g. Social culture and local wisdom.
4) Research institutions and/or universities participate in research.
Article 31
Research on Sustainable Food Agricultural Land is carried out on existing land and reserve land to be
designated as Sustainable Food Agricultural Land and Sustainable Food Agricultural Reserve Land.
Article 32
The results of research on Sustainable Food Farming Lands are public information that can be
accessed by farmers and other users through the Sustainable Food Farming Lands Information Center
in accordance with statutory provisions.

CHAPTER VI
UTILIZATION
Article 33
1) Sustainable use of agricultural land for food is carried out by ensuring soil and water
conservation.
2) The government and regional governments are responsible for implementing land and water
conservation, which includes:
a. Protection of land and water resources;
b. Conservation of land and water resources;
c. Land and water quality management; and
d. Pollution control.
3) Implementation of soil and water conservation as intended in paragraphs (1) and (2) is carried
out in accordance with the provisions of statutory regulations.
Article 34
1) Every person who has rights to land designated as Sustainable Food Farming Land is obliged to:
a. Utilize land according to its intended use; and
b. Prevents irrigation damage.
2) The obligations as intended in paragraph (1) apply to other parties in accordance with the
provisions of statutory regulations.
3) Every person as intended in paragraph (1) participates in:
a. Maintain and increase soil fertility;
b. Prevent land damage; and
c. Maintain environmental sustainability.
4) The provisions as intended in paragraph (1) and paragraph (2) are obligations of the Government
and regional governments in accordance with the provisions of statutory regulations.
5) Every person who has rights to land designated as Sustainable Food Agricultural Land, who does
not carry out his obligations as intended in paragraph (1), and causes damage to agricultural
land, is obliged to repair the damage.
CHAPTER VII
COACHING
Article 35
1) The government and regional governments are obliged to:
a. Guiding everyone involved in sustainable use of agricultural land for food; and
b. Protection of Sustainable Food Farming Land.
2) Guidance as intended in paragraph (1) letter a includes:
c. Protection coordination;
d. Socialization of laws and regulations;
e. Providing guidance, supervision and consultation;
f. Educational training and outreach to the community;
g. Dissemination of information on Sustainable Food Farming Areas and Sustainable Food
Farming Lands; and/or
h. Increased community awareness and responsibility.
3) Further provisions regarding coaching as intended in paragraph (2) are regulated by Ministerial
Regulations.
CHAPTER VIII
CONTROL
Part One
General
Article 36
1) Control of Sustainable Food Agricultural Land is carried out in a coordinated manner.
2) The government appoints a Minister to coordinate control as intended in paragraph (1).
Article 37
1) Control of Sustainable Food Farming Land is carried out by the Government and regional
governments through providing:
a. Incentive;
b. Disincentives;
c. licensing mechanism;
d. Protection; and
e. Counseling.
Part Two
Incentives and Disincentives
Article 38
1) The incentives as intended in article 37 letter a are given to farmers in the form of:
a. Land and Building Tax Relief;
b. Development of agricultural infrastructure;
c. Funding for research and development of superior seeds and varieties;
d. Ease of accessing information and technology;
e. Provision of agricultural production facilities and infrastructure;
f. Guarantee of the issuance of food agricultural land certificates through sporadic and
systematic land registration; and/or
g. Awards for high achieving farmers.
Article 39
1) The government can provide incentives in the form of special budget allocations or other forms
to provincial regional governments and district/city regional governments in accordance with the
provisions of statutory regulations.
2) Provincial regional governments can provide incentives in the form of special budget allocations
or other forms in accordance with the provisions of statutory regulations.
Article 40
1) The provision of incentives as intended in article 37 letter a and article 38 is given by considering:
a. Types of Sustainable Food Farming Land;
b. Soil fertility;
c. Planting area;
d. Irrigation;
e. Level of land fragmentation;
f. Farming productivity;
g. Location;
h. Agricultural business collective; and/or
i. Environmentally friendly farming practices.
Article 41
Apart from the incentives as intended in article 37 letters a to article 40, the Government, provincial
regional governments, and/or district/city regional governments can provide other incentives
according to their respective authorities.
Article 42
The disincentive as intended in article 37 letter b in the form of revocation of incentives is imposed on
farmers who do not fulfill their obligations as intended in article 34.
Article 43
Further provisions regarding incentives and disincentives as referred to in articles 38 to 40 are
regulated by Government Regulation.
Part Three
Functional Shift
Article 44
1) Land that has been designated as Sustainable Food Farming Land is protected and prohibited
from being functionally shifted.
2) In the event that it is in the public interest, Food Agricultural Land as intended in paragraph (1)
can be converted, carried out in accordance with the provisions of statutory regulations.
3) The conversion of land that has become Sustainable Food Farming Land for public purposes as
intended in paragraph (2) can only be carried out under the following conditions:
a. A strategic feasibility study was carried out;
b. A plan for land conversion is prepared;
c. Release of ownership rights from the owner; and
d. Replacement land is provided for Sustainable Food Farming Land that is being converted.
4) In the event that a disaster occurs so that the transfer of land for infrastructure cannot be
postponed, the requirements as intended in paragraph (3) letters a and b do not apply.
5) Provision of replacement land for Sustainable Food Farming Land which is converted for
infrastructure due to disasters as intended in paragraph (4) shall be carried out no later than 24
(twenty-four) months after the conversion is carried out.
6) Exemption of ownership of rights to land that is converted as intended in paragraph (3) letter c is
carried out by providing compensation in accordance with the provisions of statutory
regulations.
Article 45
In addition to compensation to the owner as intended in article 44 paragraph (6), the transferee is
obliged to replace the value of the infrastructure investment.
Article 46
1) Provision of replacement land for Sustainable Food Farming Land which is functionally shifted as
intended in article 44 paragraph (3) letter d is carried out on the basis of land suitability, with the
following conditions:
a. At least three times the land area in the case of conversion to irrigated land;
b. At least twice the land area in the case of land converted into reclamation land for tidal and
non-tidal swamps (lebak); and
c. At least one calque of land area in the case of land converted into non-irrigated land.
2) The provision of food agricultural land as a substitute for Sustainable Food Agricultural Land as
intended in paragraph (1) must be included in the preparation of the Annual Program Plan,
Medium Term Program Plan and Long-Term Program Plan of the relevant agency at the time the
transfer of functions is planned.
3) Provision of food agricultural land as intended in paragraph (1) is carried out by:
a. Opening of new land on Sustainable Food Agriculture Reserve Land;
b. Conversion of non-agricultural land to agricultural land as Sustainable Food Farming,
especially abandoned land and former forest land as intended in article 29 paragraph (2); or
c. Determination of agricultural land as Sustainable Food Farming Land.
4) Provision of replacement land for Sustainable Food Farming Land that is being converted is
carried out with a guarantee that the replacement land will be utilized by transmigration and
non-transmigration farmers with priority for farmers whose land is being converted in
accordance with the provisions of statutory regulations.
5) For the purposes of providing replacement land as intended in paragraph (1), the Government
carries out an appropriate land inventory and maintains a list of such land in a Sustainable Food
Agriculture Land Information Center.
Article 47
All obligations that must be carried out in the replacement process as intended in article 44, article 45
and article 46, are the responsibility of the party carrying out the conversion of Sustainable Food
Farming Land.
Article 48
In the event of compelling circumstances that result in the permanent destruction and/or damage to
Sustainable Food Farming Land, the Government and/or regional governments will replace
Sustainable Food Farming Land as needed.
Article 49
Replacement land for Sustainable Food Agriculture Land as intended in article 46 paragraph (1) is
determined by:
a. Regency/City Regional Regulations in the case of replacement land located within one
regency/city within one province;
b. Provincial Regional Regulations in the case of replacement land located in two or more
districts/cities in one province;
c. Government regulations in the event that replacement land is located in two or more provinces.
Article 50
1) All forms of permits that result in the conversion of Sustainable Food Farming Land are null and
void, except for public interests as intended in article 44 paragraph (2).
2) Every person who transfers the function of Sustainable Food Farming Land outside the
provisions as intended in paragraph (1) is obliged to return the Sustainable Food Farming Land to
its original condition.
3) Every person who owns Sustainable Food Farming Land can transfer ownership of the land to
another party without changing the function of the land as Sustainable Food Farming Land.
Article 51
1) Everyone is prohibited from carrying out activities that could damage irrigation and other
infrastructure and reduce the fertility of the land of Sustainable Food Farming Land.
2) Every person who carries out activities that cause damage as intended in paragraph (1) is obliged
to carry out rehabilitation.
Article 52
The Minister coordinates the implementation of the provisions as intended in articles 44 to article 51,
the implementation of which is carried out by government institutions whose duties and
responsibilities are in the land sector.
Article 53
Further provisions regarding conversion, infrastructure investment value, criteria for the area of land
converted, compensation for land acquisition and land replacement as intended in articles 44 to
article 51 are regulated in a Government Regulation.
CHAPTER IX
SUPERVISION
Article 54
1) To ensure the achievement of Sustainable Food Agriculture Protection, performance is
monitored:
a. Planning and determination;
b. Development;
c.Utilization;
d. Coaching; and
e. Control.
2) Supervision as intended in paragraph (1) is carried out in stages by the Government, Provincial
Regional Governments and Regency/City Regional Governments according to their authority.
Article 55
Supervision as intended in article 54 includes:
a. Reporting;
b. Monitoring; and
c. Evaluation.
Article 56
1) Reporting as intended in article 55 letter a is carried out in stages by:
a. Village/sub-district government to district/city regional government;
b. Regency/city regional government to provincial government; and
c.Provincial Government to the Government.
2) Reporting as intended in paragraph (1) includes: planning and determination performance,
development, guidance and utilization, as well as control.
3) The report as intended in paragraph (2) is public information that is announced and can be
accessed openly by the public in accordance with the provisions of statutory regulations.
4) The report as intended in paragraph (1) letter a is submitted to the district/city Regional People's
Representative Council in the Annual Report.
5) The report as intended in paragraph (1) letter b is submitted to the provincial Regional People's
Representative Council in the Annual Report.
6) The report as intended in paragraph (1) letter c is submitted to the People's Representative
Council of the Republic of Indonesia in the Annual Report.
Article 57
1) Monitoring and evaluation as intended in article 55 letters b and letter c are carried out by
observing and checking reports as intended in article 56 paragraph (2) with implementation in
the field.
2) If the results of monitoring and evaluation as intended in paragraph (1) are proven to have
occurred, the Minister, Governor, and/or Regent/Mayor are obliged to take resolving steps in
accordance with the provisions of statutory regulations.
3) In the event that the regent/mayor does not carry out the settlement steps as intended in
paragraph (2), the Governor is obliged to take the resolving steps that the regent/mayor has not
implemented in accordance with the provisions of the statutory regulations.
4) In the event that the governor does not carry out the settlement steps as intended in paragraph
(2), the Minister is obliged to take the settlement steps that the governor has not implemented
in accordance with the provisions of the statutory regulations.
5) In the event that the regent/mayor as referred to in paragraph (3) commits deviations and does
not resolve them, the governor cuts the Provincial Regional Revenue and Expenditure Budget,
and the Government cuts the State Revenue and Expenditure Budget intended for the relevant
district/city in the amount of the costs incurred in carry out the solution.
6) In the event that the governor as referred to in paragraph (3) commits deviations and does not
carry out a settlement, the Government cuts the State Revenue and Expenditure Budget
intended for the province and district/city concerned in the amount of the costs incurred in
implementing the settlement.
CHAPTER X
INFORMATION SYSTEMS
Article 58
1) The government, provincial regional governments, and district/city regional governments
organize a Sustainable Food Agricultural Land Information System that can be accessed by the
public.
2) The information system as intended in paragraph (1) is carried out in an integrated and
coordinated manner.
3) The Sustainable Food Agricultural Land Information System must at least contain land data
regarding:
a. Sustainable Food Agriculture Area;
b. Sustainable Food Farming Land;
c.Sustainable Food Agriculture Reserve Land; and
d. Abandoned land and subjects of rights to it.
4) Land data in the Sustainable Food Agriculture Land Information System as intended in paragraph
(3) at least contains information about:
a. Natural physical;
b. Artificial physique;
c.Condition of human resources and economic resources;
d. Ownership and/or control status;
e. Size and location of land; and
f. Certain types of commodities that are staple foods.
5) Information on Sustainable Food Farming Land as intended in paragraph (1) must be submitted
every year to:
a. President, People's Representative Council and Regional Representative Council regarding
information on National Agricultural Land by the Minister;
b. Provincial Regional People's Representative Council regarding information on Provincial
Agricultural Land by the Governor;
c.Regency/City Regional People's Representative Council regarding information on Regency/City
Agricultural Land by the Regent/Mayor.
Article 59
1) Dissemination of information as intended in article 58 is carried out to sub-districts and villages.
2) The Minister coordinates the Sustainable Food Agricultural Land Information System for the
purposes of Sustainable Food Agricultural Land Protection as intended in article 58.
3) The information and land administration system for Sustainable Food Agricultural Land is
managed by the Sustainable Food Agricultural Land Information Center which is coordinated
between government agencies in the land sector, government agencies in the field of statistics,
and other relevant government agencies.
Article 60
Further provisions regarding information systems as referred to in articles 58 and 59 are regulated in
Government Regulations.
CHAPTER XI
PROTECTION AND EMPOWERMENT OF FARMERS
Article 61
The government and regional governments are obliged to protect and empower farmers, farmer
groups, farmer corporations and farmer associations.
Article 62
1) Protection of farmers as intended in article 61 takes the form of providing guarantees:
a. Favorable prices of basic food commodities;
b. Obtain agricultural production facilities and infrastructure;
c.Marketing of staple food agricultural products;
d. Prioritizing domestic agricultural food products to meet national food needs; and/or
e. Compensation for crop failure.
2) Social protection for small farmers is an inseparable guarantee from the national social security
system which is regulated in statutory regulations.
Article 63
1) Empowerment of farmers as intended in article 61 includes:
a. Strengthening farmer institutions;
b. Counseling and training to improve the quality of human resources;
c.Providing financing/capital source facilities;
d. Providing credit assistance for agricultural land ownership;
e. Establishment of a bank for farmers;
f. Providing educational and health facilities for farmer households; and/or
g. Providing facilities to access science, technology and information.
Article 64
Further provisions regarding the protection and empowerment of farmers as referred to in articles 61
to 63 are regulated by statutory regulations.
Article 65
1) In line with the establishment of banks for farmers as referred to in article 63 letter e, micro
financing institutions in the agricultural sector, both conventional and sharia, are established at
the district/city and/or provincial levels.
2) In establishing micro financing institutions in the agricultural sector as intended in paragraph (1),
the Minister coordinates with relevant ministers, government institutions and regional
governments.
3) Sources of financing for the establishment of micro financing institutions utilize:
a. Funds from the Government and regional governments as stimulants;
b. Social and environmental responsibility funds from business entities in accordance with
statutory provisions; and/or
c.Community funds.
4) Further provisions regarding the establishment of Banks for Farmers as regulated in paragraph
(1) and paragraph (2) are regulated by statutory regulations.
CHAPTER XII
FINANCING
Article 66
1) Financing for the protection of sustainable food farming land is charged to the State Revenue
and Expenditure Budget, provincial Regional Revenue and Expenditure Budget; and/or
district/city Regional Revenue and Expenditure Budget.
2) Financing for Sustainable Food Agricultural Land Protection, apart from sources as intended in
paragraph (1), can be obtained from social and environmental responsibility funds from business
entities.
3) Further provisions regarding financing as intended in paragraph (1) and paragraph (2) are
regulated by Government Regulation.

CHAPTER XIII
COMMUNITY PARTICIPATION
Article 67
1) The community participates in Protection and Sustainable Food Agriculture Areas.
2) Community participation as intended in paragraph (1) can be carried out individually and/or in
groups.
3) Participation as intended in paragraph (1) is carried out in stages:
a. Planning;
b. Development;
c.Study;
d. Supervision;
e. Empowerment of farmers; and/or
f. Financing.
Article 68
Community participation as intended in article 67 paragraph (3) is carried out through:
a. Providing planning efforts, responses and suggestions for improvements to planning proposals
from the Government and provincial regional governments and district/city regional
governments in planning as referred to in article 9;
b. Implementation of land intensification and extensification activities in the development of
Sustainable Food Agricultural Land as referred to in articles 28 and 29;
c. Research as intended in article 30 paragraph (3);
d. Submission of reports and monitoring of performance as intended in article 56;
e. Empowerment of farmers as intended in article 63;
f. Financing as referred to in the article; 66 can be carried out in the development of Sustainable
Food Agricultural Land;
g. Submitting objections to authorized officials regarding development that is not in accordance
with the plan for Sustainable Food Farming in their area; And
h. Submitting demands to cancel permits and stop construction that is not in accordance with the
Sustainable Food Farming Land plan.
Article 69
In terms of protecting Sustainable Food Agricultural Land, the community has the right to:
a. Submit objections to the authorities regarding development that is not in accordance with the
plan for Sustainable Food Farming in the area; And
b. Submit a demand to cancel permits and stop construction that is not in accordance with the
Sustainable Food Farming Land plan.
CHAPTER XIV
ADMINISTRATIVE SANCTIONS
Article 70
1) Every person who violates the obligations or prohibitions as intended in article 34, article 45,
article 50 paragraph (2), article 57 paragraph (3) and paragraph (4) will be subject to
administrative sanctions.

2) Administrative sanctions as intended in paragraph (1) can be in the form of:


a. Written warning;
b. Temporary suspension of activities;
c.Temporary suspension of public services;
d. Location closure;
e. Revocation of permits;
f. Cancellation of permits;
g. Demolition of buildings;
h. Restoration of land functions;
i. Revocation of incentives; and/or
j. Administrative fines.
3) Every government official who violates the provisions as intended in paragraph (1) will be
subject to administrative sanctions in accordance with the provisions of statutory regulations.
4) Provisions regarding procedures for imposing sanctions and the amount of administrative fines
as intended in paragraph (2) are regulated by Government Regulation.
CHAPTER XV
INVESTIGATION
Article 71
1) Apart from the Investigating Officers of the State Police of the Republic of Indonesia, Civil
Servant Investigators in government agencies whose scope of duties and responsibilities are in
the field of Sustainable Food Agricultural Land Protection are given special authority as
investigators to assist the Investigating Officials of the Indonesian State Police as intended in the
Code of Law. Criminal Procedure.
2) Civil Servant Investigators as referred to in paragraph (1) have the authority:
a. Carrying out checks on the veracity of reports regarding information relating to criminal acts
in the field of Sustainable Food Agricultural Land Protection;
b. Carrying out examinations of every person suspected of committing a criminal act in the field
of Sustainable Food Agricultural Land Protection;
c.Request information and evidence from people in connection with criminal incidents in the field
of Sustainable Food Agricultural Land Protection;
d. Carrying out examination of documents relating to criminal acts in the field of Sustainable
Food Agricultural Land Protection;
e. Carrying out inspections at certain places where it is suspected that there is evidence and
other documents as well as confiscating and sealing goods resulting from violations that can
be used as evidence in criminal cases in the field of Sustainable Food Farming Land
Protection; And
f. Request assistance from experts and/or expert sanctions in the context of carrying out the task
of investigating criminal acts in the field of Sustainable Food Agricultural Land Protection.
3) Civil Servant Investigators as referred to in paragraph (1) notify the Investigating Officer of the
Indonesian National Police of the start of the investigation.
4) If the implementation of the authority as intended in paragraph (2) requires arrest and
detention, the Civil Service Investigator shall coordinate with the Investigating Officer of the
Republic of Indonesia State Police in accordance with the provisions of the laws and regulations.
5) Civil Servant Investigators as referred to in paragraph (1) submit the results of the investigation
to the public prosecutor through the Investigating Officer of the Republic of Indonesia State
Police.
6) The appointment of Civil Servant Investigating Officers and the procedures and investigation
processes are carried out in accordance with the provisions of the laws and regulations.
CHAPTER XVI
CRIMINAL PROVISIONS
Article 72
1) Individuals who change the function of Sustainable Food Farming Land as intended in article 44
paragraph (1) shall be punished with a maximum imprisonment of 5 (five) years and a maximum
fine of Rp. 1,000,000,000 (one billion rupiah).
2) Individuals who do not carry out the obligation to restore the condition of Sustainable Food
Farming Land to its original condition as intended in article 50 paragraph (2) and article 51 shall
be punished with imprisonment for a maximum of 3 (three) years and a fine of a maximum of
IDR. 3,000,000,000 (three billion rupiah).
3) In the event that the act as intended in paragraph (1) and paragraph (2) is committed by a
government official, the penalty is increased by 1/3 (one third) of the penalty threatened.
Article 73
Any government official who has the authority to issue permits for the conversion of Sustainable Food
Farming Land which does not comply with the provisions as intended in article 44 paragraph (1), shall
be sentenced to imprisonment for a minimum of 1 (one) year and a maximum of 5 (five) years and/or
a fine. a minimum of IDR 1,000,000,000 (one billion rupiah) and a maximum of IDR. 5,000,000,000
(five billion rupiah).
Article 74
1) In the event that the criminal act as intended in article 72 paragraph (1) and paragraph (2) is
committed by a corporation, its management shall be punished with imprisonment for a
minimum of 2 (two) years and a maximum of 7 (seven) years and a fine of at least Rp.
2,000,000,000 (two billion rupiah) and a maximum of Rp. 7,000,0000,000 (seven billion rupiah).
2) Apart from the criminal fines as intended in paragraph (1), corporations may be subject to
criminal penalties in the form of:
a. Confiscation of wealth resulting from criminal acts;
b. Cancellation of work contracts with the government;
c.Dismissal of management; and/or
d. Prohibition on management from establishing corporations in the same business field.
3) In the event that the act as intended as regulated in this chapter causes losses, the penalty
imposed may be increased by payment of losses.
CHAPTER XVII
TRANSITIONAL PROVISIONS
Article 75
1) Regency/City Regional Spatial Plans that have not yet established Sustainable Food Agriculture
Areas, Sustainable Food Agriculture Lands, and Sustainable Food Agriculture Reserve Lands as
intended in article 18 shall be adjusted no later than 2 (two) years from the promulgation of this
Law.
2) At the time this Law comes into effect, while the Regency/City Spatial Plan has been established,
the determination of Sustainable Food Agriculture Areas, Sustainable Food Agriculture Lands,
and Sustainable Food Agriculture Reserve Lands as intended in article 18 is carried out by the
regent/mayor until changes are made. on Regional Regulations on Regency/City Spatial Planning.

CHAPTER XVIII
CLOSING PROVISIONS
Article 76
Government Regulations as implementers of this Law must be stipulated no later than 24 (twenty-
four) months after this Law is enacted.
Article 77
This Law comes into force from the date of promulgation.

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