Procedures for Imposing Administrative Sanctions on Forest Exploitation License Holders

The mandate for this Regulation, No. P.39/MENHUT-II/2008, can be found in Article 139 of Government Regulation No. 6 of 2007 jo. Government Regulation No. 3 of 2008 which states that the procedures for the imposition of an administrative sanction is to be regulated in a Ministerial Regulation.

The Regulation lists the types of licenses that are issued and who has the authority to issue them. Generally, depending on the location of the forest to be exploited, the licenses are to be issued by the Minister, the relevant Governor, or the relevant Regent / Mayor.

The types of administrative sanctions that can be imposed under the provisions of the Regulation include the temporary suspension of administrative services, the temporary suspension of field activities, administrative fines, reduction in production quotas, or the cancellation of relevant licenses. Each of these is then individually enumerated in detail.

Before an administrative sanction can be imposed there must have been an identifiable breach of a license-holder obligation. The relevant authorities are tasked with conducting checks for compliance. This requires that a set of minutes of any investigation be recorded. It is upon these minutes that any applicable sanction is to be imposed. The format of the minutes are set out and described in the Regulation.

The Regulation has been in force since 26 June 2008.