perpres dnpi english
TRANSLATION NO. HLM11JULY08
Page: 1
PRESIDENTIAL REGULATION OF THE REPUBLIC OF INDONESIA
NUMBER 46 YEAR 2008
ON
NATIONAL COUNCIL FOR CLIMATE CHANGE
WITH GOD’S MERCY
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Considering:
a. that the excessive increase in greenhouse
gas has led to a global climate change
that degrades the environment and harms
life;
b. that the geographic position of Indonesia
as an archipelagic country is prone to
climate change that should be controlled
on the principle that all are responsible
in accordance with each country’s social,
economic and technological capacities;
c. that
to
improve
the
coordination
of
control over the climate change and to
strengthen the position of Indonesia in
international
it
is
deemed
forums
on
necessary
climate
to
change,
establish
a
National Council for Climate Change;
d. that
based
on
the
considerations
mentioned in item a, item b, and item c,
it
is
necessary
to
establish
a
TRANSLATION NO. HLM11JULY08
Page: 2
Presidential
Regulation
on
National
Council for Climate Change;
Recalling:
1.
Section
4,
subsection
Constitution
of
(1)
of
the
the
1945
Republic
of
Indonesia;
2.
Law Number 6 Year 1994 on Ratification of
United
Nations
Framework
Convention
on
Climate Change (Government Gazette of the
Republic of Indonesia Year 1994 Number
42, Annex to Government Gazette of the
Republic of Indonesia Number 3557);
3.
Law Number 23 Year 1997 on Environment
Management
(Government
Gazette
of
the
Republic of Indonesia Year 1997 Number
68, Annex to Government Gazette of the
Republic of Indonesia Number 3699);
4.
Law Number 17 Year 2004 on Ratification
of Kyoto Protocol to the United Nations
Framework
Convention
on
Climate
Change
(Government Gazette of the Republic of
Indonesia Year 2004 Number 72, Annex to
Government
Gazette
of
the
Republic
of
Indonesia Number 4403);
5.
Law
Number
Development
25
Year
Planning
2004
System
on
National
(Government
TRANSLATION NO. HLM11JULY08
Page: 3
Gazette of the Republic of Indonesia Year
2004
Number
Gazette
of
104,
the
Annex
Republic
to
Government
of
Indonesia
Number 4421);
HAS DECIDED:
To establish:
PRESIDENTIAL REGULATION ON NATIONAL COUNCIL
FOR CLIMATE CHANGE.
Section 1
In this Presidential Regulation:
1. Climate Change is a change in the average condition of a
climate and/or various climates from time to time as a
result of human activities.
2. Adaptation to Climate Change is a process to strengthen
and build a strategy for anticipating the impacts of
climate change and implement it to reduce the negative
impacts and reap the positive benefits.
3. Climate Change Mitigation is an effort to control and
prevent climate change through activities that can reduce
emission/increase greenhouse gas absorption from various
sources.
4. Transfer
of
Technology
is
an
effort
to
transfer
environmentally-friendly technology to mitigate and adapt
to climate change impacts.
TRANSLATION NO. HLM11JULY08
5. Funding
is
an
Page: 4
effort
to
find
financing
sources
for
adaptation and mitigation activities, both foreign and
domestic sources.
6. Carbon Trade is an activity of selling and buying carbon
emission reduction certificates
resulting from
climate
change mitigation.
Section 2
To
coordinate
the
control
over
climate
change
and
to
strengthen the position of Indonesia in international forums
on climate change, a NATIONAL COUNCIL FOR CLIMATE CHANGE is
established.
Section 3
The NATIONAL COUNCIL FOR CLIMATE CHANGE as referred to in
Section 2 has the tasks of:
a. formulating national policies, strategies, programs and
activities to control climate change;
b. coordinating
including
activities
the
in
activities
controlling
of
climate
adaptation,
change
mitigation,
transfer of technology and funding;
c. formulating mechanism and procedure for carbon trade;
d. monitoring and evaluating the implementation of policies
on control of climate change;
e. strengthening
developed
the
position
countries
to
controlling climate change.
of
be
Indonesia
more
to
encourage
responsible
for
TRANSLATION NO. HLM11JULY08
Page: 5
Section 4
The NATIONAL COUNCIL FOR CLIMATE CHANGE is composed of:
a. Chairperson
:
President of the Republic of Indonesia
b. Vice Chairpersons
:
1. Coordinating Minister of People’s
Welfare
2. Coordinating Minister of Economy
c. Executive Director/
:
Ir. Rachmat Witoelar
:
1. State Secretary
Member
d. Members
2. Cabinet Secretary
3. State Minister of Environment
4. Minister of Finance
5. Minister of Home Affairs
6. Minister of Foreign Affairs
7. Minister of Energy and Mineral
Resources
8. Minister of Forestry
9. Minister of Agriculture
10. Minister of Industry
11. Minister of Public Works
12. State Minister of National
Development Planning/Head of
Bappenas
13. Minister of Marine Affairs and
Fisheries
14. Minister of Trade
15. State Minister of Research and
TRANSLATION NO. HLM11JULY08
Page: 6
Technology
16. Minister of Transportation
17. Minister of Health
18. Head of the Meteorology and
Geophysical Agency
Section 5
(1)
In carrying out its tasks, the NATIONAL COUNCIL FOR
CLIMATE CHANGE will be assisted by some Working Units.
(2)
The Working Units as referred to in subsection (1) are
composed of:
a. Adaptation Working Unit;
b. Mitigation Working Unit;
c. Transfer-of-Technology Working Unit;
d. Funding Working Unit;
e. Post-Kyoto 2012 Working Unit;
f. Forestry and Land Use Conversion Working Unit.
(3)
If
deemed
necessary,
the
Executive
Director
may
establish working units other than ones referred to in
Section (2).
Section 6
(1)
The memberships of the Working Units as referred to in
Section 5 shall be represented by relevant Government
agencies and experts.
(2)
The
composition,
work
procedure,
appointment
and
discharge of Members of the Working Units as referred
TRANSLATION NO. HLM11JULY08
to
in
Page: 7
subsection
(1)
shall
be
established
by
the
COUNCIL
FOR
Executive Director.
Section 7
(1)
To
support
the
tasks
of
the
NATIONAL
CLIMATE CHANGE, a secretariat shall be established to
be led by a Secretariat Head.
(2)
The Secretariat Head as referred to in subsection (1)
shall
be
appointed
and
discharged
by
the
Executive
Director.
(3)
The Secretariat as referred to in subsection (1) and
subsection (2) has the task of providing administrative
support for the NATIONAL COUNCIL FOR CLIMATE CHANGE.
(4)
The organizational structure and work procedure of the
NATIONAL COUNCIL FOR CLIMATE CHANGE’s Secretariat shall
be established by the Executive Director.
Section 8
(1)
Employees of the NATIONAL COUNCIL FOR CLIMATE CHANGE’s
Secretariat may come from Civil Servants and non-Civil
Servants.
(2)
The
career
development
of
Civil
Servants
of
the
NATIONAL COUNCIL FOR CLIMATE CHANGE’s Secretariat as
referred to in subsection (1) shall be undertaken by
their
parent
agencies
in
legislation.
Section 9
accordance
with
the
TRANSLATION NO. HLM11JULY08
Page: 8
(1)
FOR
The
NATIONAL
COUNCIL
CLIMATE
CHANGE
shall
hold
periodic coordination meetings at least on a quarterly
basis or at any time whenever necessary.
(2)
If deemed necessary, the NATIONAL COUNCIL FOR CLIMATE
CHANGE may involve Ministers and/or officials or others
deemed necessary in the coordination meetings held by
the NATIONAL COUNCIL FOR CLIMATE CHANGE.
(3)
Further provisions on work procedure of the NATIONAL
COUNCIL FOR CLIMATE CHANGE shall be regulated by the
Executive Director.
Section 10
All
expenses
CHANGE
to
needed
carry
by
out
the
its
NATIONAL
tasks
COUNCIL
shall
be
FOR
charged
CLIMATE
to
the
National Budget, in this case, Budget of the State Ministry
of Environment.
Section 11
This
Presidential
Regulation
comes
into
force
on
establishment.
Established in Jakarta
On 4 July 2008
PRESIDENT OF THE REPUBLIC OF INDONESIA
DR. H. SUSILO BAMBANG YUDHOYONO
Certified to be a true copy,
Deputy Cabinet Secretary for Legal Affairs,
(signed over seal)
Dr. M. Iman Santoso
TRANSLATION NO. HLM11JULY08
Page: 9
Translator’s Statement:
This document is translated accurately and consistently from Indonesian into English
Tangerang, July 18, 2008
TJENG GOAN HALIM
Sworn Translator
Email: tghalim_translator@hotmail.com
Page: 1
PRESIDENTIAL REGULATION OF THE REPUBLIC OF INDONESIA
NUMBER 46 YEAR 2008
ON
NATIONAL COUNCIL FOR CLIMATE CHANGE
WITH GOD’S MERCY
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Considering:
a. that the excessive increase in greenhouse
gas has led to a global climate change
that degrades the environment and harms
life;
b. that the geographic position of Indonesia
as an archipelagic country is prone to
climate change that should be controlled
on the principle that all are responsible
in accordance with each country’s social,
economic and technological capacities;
c. that
to
improve
the
coordination
of
control over the climate change and to
strengthen the position of Indonesia in
international
it
is
deemed
forums
on
necessary
climate
to
change,
establish
a
National Council for Climate Change;
d. that
based
on
the
considerations
mentioned in item a, item b, and item c,
it
is
necessary
to
establish
a
TRANSLATION NO. HLM11JULY08
Page: 2
Presidential
Regulation
on
National
Council for Climate Change;
Recalling:
1.
Section
4,
subsection
Constitution
of
(1)
of
the
the
1945
Republic
of
Indonesia;
2.
Law Number 6 Year 1994 on Ratification of
United
Nations
Framework
Convention
on
Climate Change (Government Gazette of the
Republic of Indonesia Year 1994 Number
42, Annex to Government Gazette of the
Republic of Indonesia Number 3557);
3.
Law Number 23 Year 1997 on Environment
Management
(Government
Gazette
of
the
Republic of Indonesia Year 1997 Number
68, Annex to Government Gazette of the
Republic of Indonesia Number 3699);
4.
Law Number 17 Year 2004 on Ratification
of Kyoto Protocol to the United Nations
Framework
Convention
on
Climate
Change
(Government Gazette of the Republic of
Indonesia Year 2004 Number 72, Annex to
Government
Gazette
of
the
Republic
of
Indonesia Number 4403);
5.
Law
Number
Development
25
Year
Planning
2004
System
on
National
(Government
TRANSLATION NO. HLM11JULY08
Page: 3
Gazette of the Republic of Indonesia Year
2004
Number
Gazette
of
104,
the
Annex
Republic
to
Government
of
Indonesia
Number 4421);
HAS DECIDED:
To establish:
PRESIDENTIAL REGULATION ON NATIONAL COUNCIL
FOR CLIMATE CHANGE.
Section 1
In this Presidential Regulation:
1. Climate Change is a change in the average condition of a
climate and/or various climates from time to time as a
result of human activities.
2. Adaptation to Climate Change is a process to strengthen
and build a strategy for anticipating the impacts of
climate change and implement it to reduce the negative
impacts and reap the positive benefits.
3. Climate Change Mitigation is an effort to control and
prevent climate change through activities that can reduce
emission/increase greenhouse gas absorption from various
sources.
4. Transfer
of
Technology
is
an
effort
to
transfer
environmentally-friendly technology to mitigate and adapt
to climate change impacts.
TRANSLATION NO. HLM11JULY08
5. Funding
is
an
Page: 4
effort
to
find
financing
sources
for
adaptation and mitigation activities, both foreign and
domestic sources.
6. Carbon Trade is an activity of selling and buying carbon
emission reduction certificates
resulting from
climate
change mitigation.
Section 2
To
coordinate
the
control
over
climate
change
and
to
strengthen the position of Indonesia in international forums
on climate change, a NATIONAL COUNCIL FOR CLIMATE CHANGE is
established.
Section 3
The NATIONAL COUNCIL FOR CLIMATE CHANGE as referred to in
Section 2 has the tasks of:
a. formulating national policies, strategies, programs and
activities to control climate change;
b. coordinating
including
activities
the
in
activities
controlling
of
climate
adaptation,
change
mitigation,
transfer of technology and funding;
c. formulating mechanism and procedure for carbon trade;
d. monitoring and evaluating the implementation of policies
on control of climate change;
e. strengthening
developed
the
position
countries
to
controlling climate change.
of
be
Indonesia
more
to
encourage
responsible
for
TRANSLATION NO. HLM11JULY08
Page: 5
Section 4
The NATIONAL COUNCIL FOR CLIMATE CHANGE is composed of:
a. Chairperson
:
President of the Republic of Indonesia
b. Vice Chairpersons
:
1. Coordinating Minister of People’s
Welfare
2. Coordinating Minister of Economy
c. Executive Director/
:
Ir. Rachmat Witoelar
:
1. State Secretary
Member
d. Members
2. Cabinet Secretary
3. State Minister of Environment
4. Minister of Finance
5. Minister of Home Affairs
6. Minister of Foreign Affairs
7. Minister of Energy and Mineral
Resources
8. Minister of Forestry
9. Minister of Agriculture
10. Minister of Industry
11. Minister of Public Works
12. State Minister of National
Development Planning/Head of
Bappenas
13. Minister of Marine Affairs and
Fisheries
14. Minister of Trade
15. State Minister of Research and
TRANSLATION NO. HLM11JULY08
Page: 6
Technology
16. Minister of Transportation
17. Minister of Health
18. Head of the Meteorology and
Geophysical Agency
Section 5
(1)
In carrying out its tasks, the NATIONAL COUNCIL FOR
CLIMATE CHANGE will be assisted by some Working Units.
(2)
The Working Units as referred to in subsection (1) are
composed of:
a. Adaptation Working Unit;
b. Mitigation Working Unit;
c. Transfer-of-Technology Working Unit;
d. Funding Working Unit;
e. Post-Kyoto 2012 Working Unit;
f. Forestry and Land Use Conversion Working Unit.
(3)
If
deemed
necessary,
the
Executive
Director
may
establish working units other than ones referred to in
Section (2).
Section 6
(1)
The memberships of the Working Units as referred to in
Section 5 shall be represented by relevant Government
agencies and experts.
(2)
The
composition,
work
procedure,
appointment
and
discharge of Members of the Working Units as referred
TRANSLATION NO. HLM11JULY08
to
in
Page: 7
subsection
(1)
shall
be
established
by
the
COUNCIL
FOR
Executive Director.
Section 7
(1)
To
support
the
tasks
of
the
NATIONAL
CLIMATE CHANGE, a secretariat shall be established to
be led by a Secretariat Head.
(2)
The Secretariat Head as referred to in subsection (1)
shall
be
appointed
and
discharged
by
the
Executive
Director.
(3)
The Secretariat as referred to in subsection (1) and
subsection (2) has the task of providing administrative
support for the NATIONAL COUNCIL FOR CLIMATE CHANGE.
(4)
The organizational structure and work procedure of the
NATIONAL COUNCIL FOR CLIMATE CHANGE’s Secretariat shall
be established by the Executive Director.
Section 8
(1)
Employees of the NATIONAL COUNCIL FOR CLIMATE CHANGE’s
Secretariat may come from Civil Servants and non-Civil
Servants.
(2)
The
career
development
of
Civil
Servants
of
the
NATIONAL COUNCIL FOR CLIMATE CHANGE’s Secretariat as
referred to in subsection (1) shall be undertaken by
their
parent
agencies
in
legislation.
Section 9
accordance
with
the
TRANSLATION NO. HLM11JULY08
Page: 8
(1)
FOR
The
NATIONAL
COUNCIL
CLIMATE
CHANGE
shall
hold
periodic coordination meetings at least on a quarterly
basis or at any time whenever necessary.
(2)
If deemed necessary, the NATIONAL COUNCIL FOR CLIMATE
CHANGE may involve Ministers and/or officials or others
deemed necessary in the coordination meetings held by
the NATIONAL COUNCIL FOR CLIMATE CHANGE.
(3)
Further provisions on work procedure of the NATIONAL
COUNCIL FOR CLIMATE CHANGE shall be regulated by the
Executive Director.
Section 10
All
expenses
CHANGE
to
needed
carry
by
out
the
its
NATIONAL
tasks
COUNCIL
shall
be
FOR
charged
CLIMATE
to
the
National Budget, in this case, Budget of the State Ministry
of Environment.
Section 11
This
Presidential
Regulation
comes
into
force
on
establishment.
Established in Jakarta
On 4 July 2008
PRESIDENT OF THE REPUBLIC OF INDONESIA
DR. H. SUSILO BAMBANG YUDHOYONO
Certified to be a true copy,
Deputy Cabinet Secretary for Legal Affairs,
(signed over seal)
Dr. M. Iman Santoso
TRANSLATION NO. HLM11JULY08
Page: 9
Translator’s Statement:
This document is translated accurately and consistently from Indonesian into English
Tangerang, July 18, 2008
TJENG GOAN HALIM
Sworn Translator
Email: tghalim_translator@hotmail.com