Selanjutnya
Memorandum of Understanf.Hng
between
the Directorate General of Geology and 'fAiner2l Resources (DGGMR)
cf the Department of Energy and MineuJ ｒ ･ｳｾ ｵｲｳ ｣･ ｳ＠ (DEMR)
of the Republic of Indonesia
and
the Federal Institute for Geosciences and Natural Resources
(BGR - Bundesanstalt fiir Geowissenschaften und Rohstoffe)
of the Federal Republic of Germany
concerning
Groundwater Related Joint Investigations for the Reconstruction
of the Tsunami-affected Areas in Nanggroe Aceh Darussalam Province
The Directorate General of Geology and Mineral Resources (DGGMR) of the Ministry of Energy
and Mineral Resources (DEMR) of the Republic of Indonesia and the Bundesanstalt filr
Geowissenschaften und Rohstoffe (BGR) of the Federal Republic of Germany, as suprainstitutional representatives of the respective national project participants, hereinafter referred to as
" the Parties";
RECOGNIZING that the earthquake and the Tsunami-event on December 261h, 2004, caused the
loss of life of more than 120,000 people, the missing of more than 110,000 people and the
destruction of about 80% of all private houses, basic infrastructure and public facilities in the
coastal region ofNanggroe Aceh Darussalam province;
DEDICATING this project between the Indonesian and German governments to ie-install the
public life and to secure the future health and wealth of the peopk !hat suffered from the
consequences of the catastrophe;
AIMING to assist the national efforts for the reconstruction of the Tsunarni-de-vastated Nanggroe
Aceh Darussalam Province through groundwater related investigations;
REFERRING to the Memorandum of ｕｮ､･ｲｳｴｾｭｩｧ＠
between the Federal Republic of Gem1any
and the Government of the Republic of Indonesia on co-operation in scientific research and
1
techr1ical development, signed on March 20 h. i 979 and the Agreement between the Federal
Republic of Germany and the Government of the Republic of Indoi.1es)a regarding technical cooperation signed on April 9(\ 1984;
PURSUANT to the prevailing laws and reguiations in their respective countries as well as
the procedures and policy of the scientific-technical ｾｯＭｰ･ｲ｡ｴｩｮ［＠
HAVE REACHED the following understanding :
Article 1
General Objectives
1. The aim of the project is to assist on grants basis the Directorate General for Geology and
Mineral Resources (hereafter: DGGMR), BAPPENAS (National Development Planning
Agency) and BRR (Executive Agency for the Rehabilitation and Reconstruction in Nanggroe
Aceh Darussalam Province and Nias Island) in their efforts to plan and realize a sustainable
reconstruction of community infrastructure particularly freshwater supply by providing
geophysical data for the hydrogeological assessment.
2. The project shall be launched in July 2005, focusing on acqumng geophysical data for
hydrogeological assessment for the Tsunami-devastated regions of the Nanggroe Aceh
Darussalam Province.
3. Close links shall be established to involved national and local spatial planning authorities in
order to secure a demand-oriented, direct and comprehensive implementation of the
geophysical and hydrogeological investigations, especially all activities of the BAPPENAS
"Working Group on Spatial Planning" shall be assisted.
4. The project defined in this agreement shall be carried out in close coordination and cooperation with the Indonesian-German technical co-operation projects for the rehabilitation and
reconstruction of the Province of Nanggroe Aceh Darussalam and Nias Islands of the North
Sumatera.
5. The basic geo-scientific investigations shall start as soon as possible. They shall be finished not
later than end of 2005 in order to ensure that the results can be used directly for spatial
planning.
Article 2
Implementation Plan
1. The plan of operation shall be set-up by the Parties and consented by their superordinate
institutions, the Ministry of Energy and Mineral Resources of the Republic of Indonesia and
the Ministerium fur Wirtschaft und Arbeit of the Federal Republic of Germany as well as the
local government units in the Province of Nanggroe Aceh Darussalam in accordance with the
prevailing laws and regulations as well as the governmental policy regarding the rehabilitation
and the reconstruction of the province ..
2. The individual activities shall be defined in detail to be mutually agreed upon by the Parties on
working level, which determine the scope of work, the methods applied and the results to be
achieved.
3. All results of finalized activities shall be laid down in special reports to be completed not later
than three months after finalization. The reports shall stipulate document form the planning
phase and execution plus the final results in a comprehensive manner.
Article 3
Areas of Interest
1 . The joint investigations, research and surveys will focus on at least three regions of the
Nanggroe Aceh Darussalam Province that have been severely affected by the Tsunami
i)
Aceh Besar (including Banda Aceh)
ii)
Aceh Raya (Calang)
iii) Aceh Barat (Meulaboh)
and other mutually agreed areas as proposed by DGGMR, BAPPENAS and BRR.
2. The scope of the work in the areas of interest is defined by individual technical co-operation
agreements.
Article 4
Co-ordinating Agencies and Participants
1 . The Parties act as the co-ordinating agencies in the scope of this research agreement.
2. The Indonesian project contribution will be accomplished by DGGMR as the executing agency
through its Directorate of Geological and Mining Area Environment (hereafter: DGMAE) and
the Directorate ofVolcanology and Geological Hazard Mitigation (hereafter: DVGHM).
3. BRR and other relevant governmental agencies as well as participating local government units
of the areas of interest shall be incorporated into the project based on its necessity.
4. The Parties by mutual consent may appoint other participating partners including the
Geological Research and Development Centre and related educational institutions.
Article 5
Tasks and Responsibilities of the German Participants
1. An airborne ground water survey shall be carried out. The main objective of the survey is to
assess the newly established post-Tsunami ground water situation to supply hydrogeological
baseline data for rehabilitation programs. The target areas of the survey shall be the
environments of Aceh Besar (including Banda Aceh), Aceh Raya (Calang) and Aceh Barat
(Meulaboh) (Art. 3, # 1). The survey shall take place in 2005. The helicopter, sensors,
hardware, software and personnel necessary for the survey will be supplied by BGR. All
necessary documents for flight permissions shall be handed over by BGR. The technical details
of the survey are subject to the provision to article 2.
2. A hydrogeological investigation accompanying the airborne ground water survey shall be
carried out. The investigations shall produce baseline data for rehabilitation programs. The
equipment and personnel shall be supplied by BGR. The details of this work are subject to the
provision to article 2.
3. Further investigations or surveys that conttibute to the rehabilitation and reconstruction of the
Tsunami-affected regions in Sumatera might be added from the German side under the scope of
this Memorandum of Understanding in accordance with DGGMR if announced within six
months after signature of this Memorandum of Understanding.
Article 6
Tasks and Responsibilities of the Indonesian Participants
I. In order to secure the airborne ground water survey, DGGMR and BAPPENAS shall assist in
obtaining flight clearance. All necessary documents for flight clearance shall be handed over by
BGR. Moreover, DGGMR, BAPPENAS and BRR shall make all necessary contacts relevant
institutions as local government, military and police. These institutions shall assist on matters
as customs, transport, flight logistics, fuel supply and navigation charts as well as all related
available geo-scientific data. To achieve a maximum benefit for the Indonesian counterparts,
up to four Indonesian specialists shall be attached to the airborne operation. DGGMR,
BAPPENAS and BRR shall assist the ground handling on the airport of Banda Aceh
(helicopter parking, space and electricity for containers, permit to enter the airport for all
helicopter crew members for the time of operation).
2. In order to assist the hydrogeological ground survey, DGMAE shall supply all relevant data on
hydrogeology in the Nanggroe Aceh Darussalam Province available with them. To achieve the
mutually envisaged results and to gain maximum benefit from technology transfer, up to three
hydrogeologists from DGMAE shall be attached to the Gernrnn specialist(s).
3. In accordance with DGGMR, BAPPENAS and BRR further German projects are assisted if
found helpful for rehabilitation and reconstruction of the Tsunami-affected regions in
Sumatera. DGGMR, BAPPENAS and BRR shall take care of public relation affairs for the
helicopter survey and other project covered in this Memorandum of Understanding. DGGMR,
BAPPENAS and BRR shall especially be responsible to inform the local population in the
flight areas.
Article 7
Costs
1. The expenses for the German personnel to be seconded to Indonesia and/or to carry out data
processing and interpretation in Germany within the framework of this Memorandum of
Understanding shall be borne from German funds (including travel expenses, daily allowances,
maintenance costs and other costs related to duties laid out in this Memorandum of
Understanding or the specific technjcal co-operation agreements).
2. The approved equipment and materials provided by the German participants as specified within
this Memorandum of Understanding may be exclusively utilized for the herein described
investigations. All equipment (hardware and software) auxiliaries, materials and supply
brought into Indonesia by the German side are property of the German government and shall be
utilized in Indonesia only for the above stated co-operation and may be reexported to Germany
after finalizing the investigations.
3. The approved equipment will be exempted from any tax and/or levies and excises for import
and export. The equipment will be brought in according to a list of goods and will be
reexported accordingly.
4. The domestic trnvelling costs for Indonesian personnel will be paid by Indonesian funds.
Article 8
Intellectual Property Rights
1. Any Intellectual Property Right brought by one of the parties for the implementation of the
activities under this Memorandum of Understanding shall remain the property of the party.
However, the party shall indemnify that the Intellectual Property Right is not resulted from the
infringement of any third party's legitimate rights. Further, the concerned party shall be liable
for any claim made by any third party on the ownership and legality of the use of the
Intellectual Property Right which is brought in by the aforementioned party for the
implementation of the activities under this Memorandum of Understanding.
2. Any outcome, data and information resulting from research activities conducted under this
Memorandum of Understanding shall be jointly owned by the parties, and both parties shall be
allowed to use such property for non-commercial purposes, free of royalty.
3. In the event that one of the parties wishing to disclose confidential data and/or information
resulted from activities under this Agreement to any third party other than institutions/agencies
specified in Article 1 and 4, the party concerned must obtain prior consent from the other party
before any disclosure can be made.
4. Te1mination of this Memorandum of Understanding shall not affect the rights and/or
obligations under this Article.
5. Publication, report and other information of the project/activities to be done shall be jointly
published by the parties or separately, under the condition of informing the other party
beforehand by mentioning its participation in the works jointly conducted.
6. BGR shall hand over to DGGMR all raw data and end products of the geophysical
investigations on appropriate media.
Article 9
Liabilities
1. The participants are mutually liable only in the case of intentionally or gross negligently
conduct causing damages to persons or properties of the respective other participant.
2. Any mutual liability regarding claims of third parties not involved in this Memorandum of
Understanding is excluded.
Article 10
Limitation of Personnel Activities
The BGR shall ensure that its personnel and equipment involved in the activities agreed under
this Memorandum of Understanding shall not engage in political affairs and any ventures or
activities in Indonesia outside the project made under this Memorandum of Understanding_,_
Article 11
Settlement of Disputes
Any disputes arising out of the interpretation and implementation of this Memorandum of
Understanding shall be settled amicably through consultations and/or negotiations between the
Parties.
Article 12
Amendment
This Memorandum of Understanding may be amended, if it is deemed necessary, by mutual
written consent by the Parties. Any modification or amendment, which has been agreed upon
by the Parties, shall enter into force on the date as will be determined by the Parties.
Article 13
Entry into Force, Duration and Termination
1. This Memorandum of Understanding shall enter into force on the date of its signature.
2. This Memorandum of Understanding shaH remain in force for a period of six months and
may be extended by mutual consent and subject to the availability of financial resources
and personnel.
3. The tem1ination of this Memorandum of Understanding shall not affect the validity and
duration of any arrangement program, and project made under this Memorandum of
Understanding until the completion of such arrangement, program and project, unless the
Parties approve otherwise.
IN WITNESS WHEREOF, the undersigned, have signed this Memorandum of
Understanding.
Signed in duplicate at .. ｾｦ＠
on this ... ｬｾ＠ Ｑｾ＠ ................. day ofJMGin the
year two thousand and five, in the English language, both texts being equally authentic.
............
For the Directorate General of Geology and
Mineral Resources (DGGMR) of the
Department of Energy and Mineral
Resources (DEMR) of the Republic of
Indonesia
Signed
f}r. Simon F:" Sembiring
Director General
..
For the Federal Institute for Geosciences
and
Natural
Resources
(BGRBundesanstalt fur Geowissenschaften und
Rohstoffe) of the Federal Republic of
Germany
Signed
Prof. Dr. Bernard Stribmy
President
between
the Directorate General of Geology and 'fAiner2l Resources (DGGMR)
cf the Department of Energy and MineuJ ｒ ･ｳｾ ｵｲｳ ｣･ ｳ＠ (DEMR)
of the Republic of Indonesia
and
the Federal Institute for Geosciences and Natural Resources
(BGR - Bundesanstalt fiir Geowissenschaften und Rohstoffe)
of the Federal Republic of Germany
concerning
Groundwater Related Joint Investigations for the Reconstruction
of the Tsunami-affected Areas in Nanggroe Aceh Darussalam Province
The Directorate General of Geology and Mineral Resources (DGGMR) of the Ministry of Energy
and Mineral Resources (DEMR) of the Republic of Indonesia and the Bundesanstalt filr
Geowissenschaften und Rohstoffe (BGR) of the Federal Republic of Germany, as suprainstitutional representatives of the respective national project participants, hereinafter referred to as
" the Parties";
RECOGNIZING that the earthquake and the Tsunami-event on December 261h, 2004, caused the
loss of life of more than 120,000 people, the missing of more than 110,000 people and the
destruction of about 80% of all private houses, basic infrastructure and public facilities in the
coastal region ofNanggroe Aceh Darussalam province;
DEDICATING this project between the Indonesian and German governments to ie-install the
public life and to secure the future health and wealth of the peopk !hat suffered from the
consequences of the catastrophe;
AIMING to assist the national efforts for the reconstruction of the Tsunarni-de-vastated Nanggroe
Aceh Darussalam Province through groundwater related investigations;
REFERRING to the Memorandum of ｕｮ､･ｲｳｴｾｭｩｧ＠
between the Federal Republic of Gem1any
and the Government of the Republic of Indonesia on co-operation in scientific research and
1
techr1ical development, signed on March 20 h. i 979 and the Agreement between the Federal
Republic of Germany and the Government of the Republic of Indoi.1es)a regarding technical cooperation signed on April 9(\ 1984;
PURSUANT to the prevailing laws and reguiations in their respective countries as well as
the procedures and policy of the scientific-technical ｾｯＭｰ･ｲ｡ｴｩｮ［＠
HAVE REACHED the following understanding :
Article 1
General Objectives
1. The aim of the project is to assist on grants basis the Directorate General for Geology and
Mineral Resources (hereafter: DGGMR), BAPPENAS (National Development Planning
Agency) and BRR (Executive Agency for the Rehabilitation and Reconstruction in Nanggroe
Aceh Darussalam Province and Nias Island) in their efforts to plan and realize a sustainable
reconstruction of community infrastructure particularly freshwater supply by providing
geophysical data for the hydrogeological assessment.
2. The project shall be launched in July 2005, focusing on acqumng geophysical data for
hydrogeological assessment for the Tsunami-devastated regions of the Nanggroe Aceh
Darussalam Province.
3. Close links shall be established to involved national and local spatial planning authorities in
order to secure a demand-oriented, direct and comprehensive implementation of the
geophysical and hydrogeological investigations, especially all activities of the BAPPENAS
"Working Group on Spatial Planning" shall be assisted.
4. The project defined in this agreement shall be carried out in close coordination and cooperation with the Indonesian-German technical co-operation projects for the rehabilitation and
reconstruction of the Province of Nanggroe Aceh Darussalam and Nias Islands of the North
Sumatera.
5. The basic geo-scientific investigations shall start as soon as possible. They shall be finished not
later than end of 2005 in order to ensure that the results can be used directly for spatial
planning.
Article 2
Implementation Plan
1. The plan of operation shall be set-up by the Parties and consented by their superordinate
institutions, the Ministry of Energy and Mineral Resources of the Republic of Indonesia and
the Ministerium fur Wirtschaft und Arbeit of the Federal Republic of Germany as well as the
local government units in the Province of Nanggroe Aceh Darussalam in accordance with the
prevailing laws and regulations as well as the governmental policy regarding the rehabilitation
and the reconstruction of the province ..
2. The individual activities shall be defined in detail to be mutually agreed upon by the Parties on
working level, which determine the scope of work, the methods applied and the results to be
achieved.
3. All results of finalized activities shall be laid down in special reports to be completed not later
than three months after finalization. The reports shall stipulate document form the planning
phase and execution plus the final results in a comprehensive manner.
Article 3
Areas of Interest
1 . The joint investigations, research and surveys will focus on at least three regions of the
Nanggroe Aceh Darussalam Province that have been severely affected by the Tsunami
i)
Aceh Besar (including Banda Aceh)
ii)
Aceh Raya (Calang)
iii) Aceh Barat (Meulaboh)
and other mutually agreed areas as proposed by DGGMR, BAPPENAS and BRR.
2. The scope of the work in the areas of interest is defined by individual technical co-operation
agreements.
Article 4
Co-ordinating Agencies and Participants
1 . The Parties act as the co-ordinating agencies in the scope of this research agreement.
2. The Indonesian project contribution will be accomplished by DGGMR as the executing agency
through its Directorate of Geological and Mining Area Environment (hereafter: DGMAE) and
the Directorate ofVolcanology and Geological Hazard Mitigation (hereafter: DVGHM).
3. BRR and other relevant governmental agencies as well as participating local government units
of the areas of interest shall be incorporated into the project based on its necessity.
4. The Parties by mutual consent may appoint other participating partners including the
Geological Research and Development Centre and related educational institutions.
Article 5
Tasks and Responsibilities of the German Participants
1. An airborne ground water survey shall be carried out. The main objective of the survey is to
assess the newly established post-Tsunami ground water situation to supply hydrogeological
baseline data for rehabilitation programs. The target areas of the survey shall be the
environments of Aceh Besar (including Banda Aceh), Aceh Raya (Calang) and Aceh Barat
(Meulaboh) (Art. 3, # 1). The survey shall take place in 2005. The helicopter, sensors,
hardware, software and personnel necessary for the survey will be supplied by BGR. All
necessary documents for flight permissions shall be handed over by BGR. The technical details
of the survey are subject to the provision to article 2.
2. A hydrogeological investigation accompanying the airborne ground water survey shall be
carried out. The investigations shall produce baseline data for rehabilitation programs. The
equipment and personnel shall be supplied by BGR. The details of this work are subject to the
provision to article 2.
3. Further investigations or surveys that conttibute to the rehabilitation and reconstruction of the
Tsunami-affected regions in Sumatera might be added from the German side under the scope of
this Memorandum of Understanding in accordance with DGGMR if announced within six
months after signature of this Memorandum of Understanding.
Article 6
Tasks and Responsibilities of the Indonesian Participants
I. In order to secure the airborne ground water survey, DGGMR and BAPPENAS shall assist in
obtaining flight clearance. All necessary documents for flight clearance shall be handed over by
BGR. Moreover, DGGMR, BAPPENAS and BRR shall make all necessary contacts relevant
institutions as local government, military and police. These institutions shall assist on matters
as customs, transport, flight logistics, fuel supply and navigation charts as well as all related
available geo-scientific data. To achieve a maximum benefit for the Indonesian counterparts,
up to four Indonesian specialists shall be attached to the airborne operation. DGGMR,
BAPPENAS and BRR shall assist the ground handling on the airport of Banda Aceh
(helicopter parking, space and electricity for containers, permit to enter the airport for all
helicopter crew members for the time of operation).
2. In order to assist the hydrogeological ground survey, DGMAE shall supply all relevant data on
hydrogeology in the Nanggroe Aceh Darussalam Province available with them. To achieve the
mutually envisaged results and to gain maximum benefit from technology transfer, up to three
hydrogeologists from DGMAE shall be attached to the Gernrnn specialist(s).
3. In accordance with DGGMR, BAPPENAS and BRR further German projects are assisted if
found helpful for rehabilitation and reconstruction of the Tsunami-affected regions in
Sumatera. DGGMR, BAPPENAS and BRR shall take care of public relation affairs for the
helicopter survey and other project covered in this Memorandum of Understanding. DGGMR,
BAPPENAS and BRR shall especially be responsible to inform the local population in the
flight areas.
Article 7
Costs
1. The expenses for the German personnel to be seconded to Indonesia and/or to carry out data
processing and interpretation in Germany within the framework of this Memorandum of
Understanding shall be borne from German funds (including travel expenses, daily allowances,
maintenance costs and other costs related to duties laid out in this Memorandum of
Understanding or the specific technjcal co-operation agreements).
2. The approved equipment and materials provided by the German participants as specified within
this Memorandum of Understanding may be exclusively utilized for the herein described
investigations. All equipment (hardware and software) auxiliaries, materials and supply
brought into Indonesia by the German side are property of the German government and shall be
utilized in Indonesia only for the above stated co-operation and may be reexported to Germany
after finalizing the investigations.
3. The approved equipment will be exempted from any tax and/or levies and excises for import
and export. The equipment will be brought in according to a list of goods and will be
reexported accordingly.
4. The domestic trnvelling costs for Indonesian personnel will be paid by Indonesian funds.
Article 8
Intellectual Property Rights
1. Any Intellectual Property Right brought by one of the parties for the implementation of the
activities under this Memorandum of Understanding shall remain the property of the party.
However, the party shall indemnify that the Intellectual Property Right is not resulted from the
infringement of any third party's legitimate rights. Further, the concerned party shall be liable
for any claim made by any third party on the ownership and legality of the use of the
Intellectual Property Right which is brought in by the aforementioned party for the
implementation of the activities under this Memorandum of Understanding.
2. Any outcome, data and information resulting from research activities conducted under this
Memorandum of Understanding shall be jointly owned by the parties, and both parties shall be
allowed to use such property for non-commercial purposes, free of royalty.
3. In the event that one of the parties wishing to disclose confidential data and/or information
resulted from activities under this Agreement to any third party other than institutions/agencies
specified in Article 1 and 4, the party concerned must obtain prior consent from the other party
before any disclosure can be made.
4. Te1mination of this Memorandum of Understanding shall not affect the rights and/or
obligations under this Article.
5. Publication, report and other information of the project/activities to be done shall be jointly
published by the parties or separately, under the condition of informing the other party
beforehand by mentioning its participation in the works jointly conducted.
6. BGR shall hand over to DGGMR all raw data and end products of the geophysical
investigations on appropriate media.
Article 9
Liabilities
1. The participants are mutually liable only in the case of intentionally or gross negligently
conduct causing damages to persons or properties of the respective other participant.
2. Any mutual liability regarding claims of third parties not involved in this Memorandum of
Understanding is excluded.
Article 10
Limitation of Personnel Activities
The BGR shall ensure that its personnel and equipment involved in the activities agreed under
this Memorandum of Understanding shall not engage in political affairs and any ventures or
activities in Indonesia outside the project made under this Memorandum of Understanding_,_
Article 11
Settlement of Disputes
Any disputes arising out of the interpretation and implementation of this Memorandum of
Understanding shall be settled amicably through consultations and/or negotiations between the
Parties.
Article 12
Amendment
This Memorandum of Understanding may be amended, if it is deemed necessary, by mutual
written consent by the Parties. Any modification or amendment, which has been agreed upon
by the Parties, shall enter into force on the date as will be determined by the Parties.
Article 13
Entry into Force, Duration and Termination
1. This Memorandum of Understanding shall enter into force on the date of its signature.
2. This Memorandum of Understanding shaH remain in force for a period of six months and
may be extended by mutual consent and subject to the availability of financial resources
and personnel.
3. The tem1ination of this Memorandum of Understanding shall not affect the validity and
duration of any arrangement program, and project made under this Memorandum of
Understanding until the completion of such arrangement, program and project, unless the
Parties approve otherwise.
IN WITNESS WHEREOF, the undersigned, have signed this Memorandum of
Understanding.
Signed in duplicate at .. ｾｦ＠
on this ... ｬｾ＠ Ｑｾ＠ ................. day ofJMGin the
year two thousand and five, in the English language, both texts being equally authentic.
............
For the Directorate General of Geology and
Mineral Resources (DGGMR) of the
Department of Energy and Mineral
Resources (DEMR) of the Republic of
Indonesia
Signed
f}r. Simon F:" Sembiring
Director General
..
For the Federal Institute for Geosciences
and
Natural
Resources
(BGRBundesanstalt fur Geowissenschaften und
Rohstoffe) of the Federal Republic of
Germany
Signed
Prof. Dr. Bernard Stribmy
President