PRESIDENTIAL REGULATION OF THE REPUBLIC OF INDONESIA NUMBER 46 YEAR 2008 NATIONAL COUNCIL FOR CLIMATE CHANGE WITH GOD S MERCY

Transcription

1 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 forums on climate change, it is deemed necessary to 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

2 TRANSLATION NO. HLM11JULY08 Page: 2 Presidential Regulation on National Council for Climate Change; Recalling: 1. Section 4, subsection (1) of the 1945 Constitution of the 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 25 Year 2004 on National Development Planning System (Government

3 TRANSLATION NO. HLM11JULY08 Page: 3 Gazette of the Republic of Indonesia Year 2004 Number 104, Annex to Government Gazette of the Republic 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.

4 TRANSLATION NO. HLM11JULY08 Page: 4 5. Funding is an 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 activities in controlling climate change including the activities of adaptation, 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 the position of Indonesia to encourage developed countries to be more responsible for controlling climate change.

5 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 Member d. Members : 1. State Secretary 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

6 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

7 TRANSLATION NO. HLM11JULY08 Page: 7 to in subsection (1) shall be established by the Executive Director. Section 7 (1) To support the tasks of the NATIONAL COUNCIL FOR 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 accordance with the legislation. Section 9

8 TRANSLATION NO. HLM11JULY08 Page: 8 (1) The NATIONAL COUNCIL FOR 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 needed by the NATIONAL COUNCIL FOR CLIMATE CHANGE to carry out its tasks shall be charged 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

9 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 tghalim_translator@hotmail.com