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WATER RESOURCES COUNCIL(Presidential Regulation No. 12 Year 2008, dated February 26, 2008)

WITH THE BLESSING OF THE ONE AND QNLY GOD

TI-lE PRESlD'ENT OFl HEREPUBUC OFINDONI::SlA,

Considering:

a. that in order to exercise provlslons of Article 86 sub­

article (4) LawNo.7 Year2004concerning Water re­

sources,and to integrate the interestsofvarious sec­

tors, regions andstakeholders in the managementof

water resources, it is necessary to exercise coordina­

tion bya Water Resources Council;

b. that based on the consideration meant in letter a, it is

necessary to stipulate a Presidential Regulation con­

cerning theWater Resources COuncil;

In view of:1_ Am;!",4 sub-ertide(1) of the Constitution of 1945 Con­

stitution {BNNo. 7152pages14A-23A};

2. LawNo. 7Year2004 (BNNo, 7097pages16A-32A

;lind so on) concerning water Resources (Statute

Bookof the Republic of IndonesiaYear2004 No.32,

Supplement to StatuteBookof the Republic of Indone­

sia No. 4377)j

DECIDES:

To stIpUlate:

THE PRESIDENTIAL REGULATION CONCERNING WATER

RESOURCES COUNOL.

CHAPTER I

GENERAL PROVISlONS

Mide 1

In this Presidential Regulation, what ismeant by:

1. Water Resources Council is a coordination forum for

the management of water resources consisting of Na­

tional Water Resources Counol or other names, Pro­

vincial Water Resources Council or other names and

Regency/my Water Resourres Council Orothernames;

eusiress Nt:w~ 7661-76GZ/S-l+2000

2. National WaterResources Council hereinafterreferred

to as National SDA Council isa coordination forum for

the management of water resources at nation level;

3. Provincial Water Resources Council or other names

hereinafter referred to as Provihcial SDA Council is a

coordination forum for the management of water re­

sources at provinceIc.....c\ i

4. Regency/City Water Resources Council orother names

hereinafter referred to asRegency/City SDA Council is

a coordination forum for the management of water

resources at regency/cityle\_:;

5. Minister is the minister havinga scope in the field of

water resources matters;

6. National water resources policy is a direction/action

taken by the Government to acnic'f'e the purpo'"..c of

the managementof water resources;

7. Water resources management IS an effort in the plan­

ning, performance, monitOring, and evaluation of the

performance of water resources conservation, useof

water resources, and control of water destructive

forces.

8. Govemmentelementsare representatives of govern­

ment~. pro....incial government and rcgonc{/

citygovernment.

9. Non-govemment elementsare representatives ofuser

groupsandwater resources business enterprises, and

Customs (adat).Community Institutions andwater re-

sources environmentconservers;

10. Strategyare stepscomprising indicativeprogramsto

materializethe visionand missions;

11. f'rogrom is Q policy instrument consisting of one or

moreactivitiesexecutedby governmentagencies/in­

stitutions to achievegoalsand purposes, or commu­

nity activitiescoordinated by governmentagencies.

rHAPJFR II

CHAPTER II

ESTABliSHMENT

Article2

(1) In orderto perform coordination in the management of

water resources at nation level,a National SDA Coun­

cil is formed.

(2) Thefonnation of the National SDA Council referredto

insub-article (1) isstipulated with a Presidential Regu­

lation.

Artide 3

(1) In ordertoperform coordination in the management of

water resources at provincial level, a Provincial SDA

Council is formed.

(2) TIle furmalion of the Pruvincial SDA Couucll referred to

in sub-artide (1) is stipulated with a decision of the

Governor.

Article4

(1) In order to perform coordination in the management of

water resources at regency/city level/a Regency/City

SDACouncil is formed.

(2) Theformation of the Regency/City SDA Council referred

to in sub-article (1) isstipulatedwith a decision of the

Regent/Mayor.

GHAPTERill

rosmos, DUTY, AND FUNCITONS

PartOne

National SDA C.nllncil

Article 5

(1) The National SDA Council resides in the capitalof the

Uni~ry State ofthe Republicof Indonesia.

(2) The National SDA Council is non-structural in nature!

reportsto and responsible directly to the President.

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Article 6

The National SDA Council referred to in Article 5

hasthe dutiesto assistthe President in mattersof:

a. COmpilation andformulaton of national policy andstrat­

egy in the managementof water resources;

b. Provision of considerations for the determination of

river basin and ground water basln;

c. Monitoring and evaluation of the performance of fol­

low-ups of the stipulation of river basins and ground

water basins, and proposing changes to river basins

andgroundwater basins stipulation;and

d. com pULIDon and forrnulotion of policiC5 in the manage

ment of hydrology, hydrometeorology, and

hydrogeology informationsystem at national level.

Article 7

Toexecute the duties referred to in Article 6, the

National SDA Council performs coordination functions in

the management of water resources through:

a. consultation with related parties for blending and inte­

grating policies and to achievean understanding and

svncnrornzanon or interests between sectors, regions

andowners.

b. Monitoring and evaluation of the performance of na­

tionalwater resources management.

c. consultation with related parties for the provision of

considerenons tor the stipulation or river oasms ana

groundwater basins.

d. consultation with relatedpartiesfor the cohesiveness

of policies on hydrology! hydrometeorology! and

hydrogeology system; and

e. monitoring and evaluation of the execution of policies

onhydrology! hydrometeorology, and hydrogeology in­

fannation system at national level.

ArticleB•.....

Attide8

In the performance of dutiesreferredto in Artlde

6, the National SDA COuncil is obliged to submitwritten

reports to the President at least two (2) times annually.

PartTwo

Provincial SDA Council

Article 9

(1) The Provincial SDA Council resides in the provincial

capital.

(2) The Provindal SDA Council isnon-structural in nature,

reportsto andis responsible directlyto the Governor

Article 10

TheProvincial SDA Council referredto in Article 9

hasthe duty to assist the Governor in the coordination of

water resources management through:

a. Compilatlun and ronnulauon of policy end strCltegy in

management of provlndal water resources based on

theNational SDA COundl policy by observing the inter­

estof surrounding provinces;

b. Compilation of provincial water resources management

program;

c. Compilation andfonnulationof policyin the manage­

ment of hydrology, hydrometeorology, and

hydrogeology infonnabon system at province level by

observing national level policy in the management of

hydrology, hYdrometeorOlogy, andhydrogeology infor­

mation system;

d. monitoring andevaluatiOn of the petfonnance of fol­

low-upsof the stipulation of river basins andground

water basins, and proposing changes to riVer basins

andground water basins stipulation;and

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Artidell

To execute the duties referred to in Article 10,

Provincial SDA Council perform coordination functions

through:

a. consultation with relatedpartiesfor policysynchroni­

zation and to achieve a common understanding be­

tweensectors, regions andowners of interests in the

management of water resources at provincial level;

b. integration and synchronization of interests between

sectors, regions and owners in the management of

water resources at provincfallevel;.

c. monitoring andevaluation of the performance ofwa­

ter resources management politiesat provincial revel;

d. consuitotlon with related parties for the cohesiveness

of policies on hydrology, hydrometeorology, and

hydrogeology system at provincial level; and

e. monitoring andevaluation of the execution of policies

011 hydrology, hydrometeorology, andhydragoology sys.

tern at provindallevel

Article12

In the performance of dutiesreferred to in Article

6, the Provincial SDA Council is obliged to submitwritten

reports lo the Guvernur qt 1~5t two (2) time:> annU<!llly

with a copyto the National SDA COuncil.

PartThree

Regency/City SDA Council

Artlc~ 13

(1) TheRegency/City SDA Council residesin the capitalof

the regerc.;/city.

(2) TheRegenCf/CitY/ SDA Cour.cil isnon-structural in na­

ture; reports to and is responsible directlyto the Re­

gent{Mayor.

1\rtic:1e 14 .... __

Article14

The ReaeneyJOty SDA Council referred to in Ar­

ticle 13 has the duty to assist the Regenq!dty inthe coor­

dinationof water resources managementthrough:

a. Compilation and formulation of policy and strategy in

the managementof water resources in the regency!

r-ity tme;M nn thp Prnvinril'll snA C'.nllncll.pnliry hy nh-­

serving the interestof surrounding regency/city;

b. Compilation of water resources management program

of the regency/city;

c. Compilation and formulation of policy in the rnanaqe­

ment of hydrolooy, hvdrometeoroloqv, and

hydrogeology information system at regency/city level

byobserving province level policy inthemanagement

of hydrology, hydrometeorology, andhydrogeology in­

formation system;and

d. monitoring and QValuation of the performance of fol­

low-ups of thestipulation of riverbasins andground

water basins, and proposing changes to river basins

and ground waterbasins stipulation.

Artide 15

To execute the duties referred to in Article 10,

Regency/Oty SDA Council perform coordination functions

through:

a. consultation with relatedparties for policy synchroni­

zation and to achieve 0 common undcrstaodlnq be­

tween sectors, regionsand ownersof interests in the

management of water resources at regency/city level;

b. integration and synchronization of interestsbetween

sectors, regions and owners in the managementof

wcter I-eSOUI'Ce~et regency/city levd;.

c. monitoringandevaluation ot the performance of water

resources management policies at regency/city level;

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d. consultationwith related parties for the cohesiveness

of polidps on hydrology. hydrom!rteorology, and

hydrogeology informationsystem at regenc.y/dty level;

and

e. monitoring and evaluation of the executionof policies

onhydrology, hydrometeorology, andhydrogeology in­

formotion sYMem et regency/city level;

Article 16

In the performanceof duties referred to inArtide

14,the Regency/City SDA COuncil is obliged to subm~writ­

ten reports to the Regent/Mayor at least two (2) times

annuallywith a copy to the NationalSDA Council and Pro­

vincialSDA COuncil.

CHAPTER IV

ORGANIZATION COMPOSITION AND WORK MEOiANISM

Part One

National SDA Council

Paragraph 1

Organization Composition, Membership, Commis­

sioning and Dismissal

Artide 17

(1) The organi<ation c:o<nposiijon of National SO...Council

consists of:

a.Chairman conoJrrently asmember;

b. DailyChairmanconcurrentlyas member; and

c. Members.

(2) NationalSeA Council Chairmanis held by the Cocrdr­

retlnc Minister inthe field ofEconomy.

(3) NationalSDA CouncilDailyChairmanisherd by a Min-

ister

(4) Membership .....

(4) Membership ofNational SDA Council referred to insub­

article (1) originates from government and non-qov­

emment elements ina balanced number based onthe

prindpleof representation.

Article 18

(1) National SDA Coundl membership originating fromgov­

ernmentelementscovers:

a. Coordinating Ministerin the field of Economy;

b. Minister/Head of Body in thefieldof National Devel-

opment Planning;

c. Ministerin the field of water resources;

d. Minister in the field of home affairs;

e. Ministerin the field of livingenvironment;

f. Minister in the field of agriculture;

g. Minister in the fieldof health;

h. Minister in the fieldof forestry;

L Minister in the field of transportation;

j. Ministerin the field of industries;

k. Minister inthefieldof energy andmineral resources;

I. Ministerin the field ot oceanand nsnery:

m Minister in the fieldof research and technology;

n. Ministerin the field of national education;

o. Head of Bodyin the field of meteorologyandgeo­

physics;

p, Head of Institution in the field of sciencc; and

Q. Representatives of the regionalgovernment.

(2) Representatives of the regionalgovernment referred

to in sub-article (I) letterq consist of:

"'.Twn0) hovemofl; ~pre<=;entino the Western part of

Indonesia;

b.Two (2) Governors representing the Central part of

Indonesia; and

c. Two (2) Governors representing the Eastern part of

Indonesia;

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(3) The selection and commissioning of the representa­

tives of the regionalgovernments referred to in sub­

article (1) letter q is made by the Coordinating Minis­

ter in the field of Economy as National SDA Council

Chairman based on a consideration-of the Ministerof

HomeAffairs ;

(4) Membership of the Governors in the representation of

the, rf>Qional governments referred to in sub-article (2)

isstipulatedto be by turns for a term of two (2) years.

(5) National SDA Council membership originating from non­

governmentelements et netionol level con conalst of

the following elements:

a. organlzation(assodationof water usersfor farm­

ing;

b. organization/association of drinking water busi-

ness enterprises;

c. organization/association of industrywater user;

d. organization/association of fishery water users,

e. organization/association of water resources con­

servation;

f. organization/association of water resources users

for electricity;

g. organization/association of water resources users

for transportation;

h. orqanlzetlon/assocation ot water resources users

for tourism/sport;

L organization/association of water resources users

for mining;

j. organization/association of business performers in

the field of forestry; and

k, organization/association of controllers of water

destructive power.

Article 19

(1) National SDA Council membersoriginating from non­

government elements are commrsstonec anu urs­

charged by the President on the proposal of the or­

ganization/association group it represented.

(2) Proposal ••••.

(2' Proposal for NationalSDA Coone" mambers from n.n"

governmentelementsreferred to in sub-artide (1) is

made througha democraticselection mechanism.

(3) Selection of National SDA Council membersfrom non­

govcrnment clemcnts is made Qt least ~jx (6) rnontha

before the expiration of office term of National SDA

Council memberfrom non-government elements.

(4) The performance of the selection referred to in sub­

article (2) shallbefacilitated byNatiollaJ SDA Council

Secretariat.

Article20

(1) National SDA CotIncii membership from non-govern­

ment elements is for an office term of five (5) years.

(2) Duringthe membership term referredto in sub-article

(1), it isauthorized to makea replacement ifthe mem­

ber concerned:

a. resigns;

b. passed away;

c. prevented permanently from performing hisduty for

at~stc~(l)Ve~~

d. isstated guilty committingcrime based on a court's

judgment havinga permanentlegalpower; or

e. wltnClrawn I)ytne element represented.

Paragraph 2

WorkMechanism

Article21

(1) NatiollalSDA Council holdsa meetlngat leastoncein

three (3) months.

(2) TheNational SDA COuncil meeting referredto in sub­

artlde (1) shall be chaired by the National SDA Council

Chairman andattended bythe members.

(3)In theeventthe National SDA CoundlChairman is pre­

vented fromattelldin9, theNational SDA Counal meet­

ing shallbechaired by the NationalSDA COuncil Daily

Chairman.

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(4) In the /!)e1formance ofthe meeting,the National SDA

Council may invite resnl1rr:e pt"rsnns from gnvemmPllt

agencies, univetsities, Community SelfInstitution (LSM),

or the communityconcerned.

(5) The meetingorder and decision makingprocedureof

theNational SDA Council shall be regulated further by

thE'Chainnan nfthp N<'ltinnal C;DA lnundL

Article22

{I} The National SDA CounCil Chairman hasthe authority

to:

a. giplll;:m:. NAtion,,1 <:;OA Council work. plan

b. stipulate meeting order anddecision makingpro­

cedure of the NationalSDA Council;

c. lead the National SDA Council meeting in accor­

dancewith provisio1ls of meeting order and ded-

sion making procedure; and

d. stipulatedecisions based on results of National SDA

Council.

(2) The NationalSDA COundl DailyChairman hasthe du­

tiesto:

~. perform coordination and consultation betweEm soc­

tors, regions andinterestowners inwater resources

management;

b. perform the duties of NationalSDA Council Chair­

man in the event the NationalSDA Council Chair-

man is prevented from attending;

c. coordinatethe compilation andformtJlation of poIiqt

andstrategy inthemanagementofwaterresources;

and

d. coordinate thecompilation andformulation orpolicy

in the management of hydrology, hydromc::tcorol

ogy, and hydrogeologyinformationsystemat na­

tionaI level.

ArtidaZ3 ... , .

Artide 23

.} In the performance of duty, National SDA Council may

Deasssteo bya wor1<.lng teamCOnSisting or experts In

the fieldof water resources management.

(2) The working team referred to in sub-article (1) is

fanned bytheChairman of the·National $DACouncil.

(3) The working team referred to insub-article (1) hasthe

dutyto:

a. perform studies on issues or problems assigned by

National SDA ('1)unr.iI fnr thp it<: c:pttlf>mf'nt; ;:mc1

b. assist the preparation of policy draft for discussion

materialofthe NationalSDA Council.

Peraqraph 3

National SDA Council Secretariat

Article24

(1) Toassist thedutiesof the National SDA Council, a Sec­

retariatof the National SDA Council shall be formed.

(2) The National ~LJA council secretanat referred to in

sub-article (1) hasthe duties to:

a. supportthe performance of duty and functions of

the National SDA Council;

b. facilitate the procurement of experts / resource per-

sons required by the National SDA Council;

c. performsecretarialadministration;

d. perform finance administration; and

e. facilitate the performance of selection of council

members from non-government elements.

Article25

Nurturance of National SDA Council secretarlet

shallbe further regulated bya MinisterRegulation.

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PartTwo

Provincial SDA Coundl

Paragraph 1

Organization Composition, Membership, Commis­

sioning andDischarge

Article26

(1) Theorganization composition of Provincial SDA Coun­

cil consists of:

a. Chairman concurrently as member;

b. DailyChairman concurrently asmember; and

c. Members.

(2) ProvincialSDA Council Chairman isheldbythe Gover­

nor.

(3) Provincial SDI\ Council Daily Chairman is held by the

Head of an Agency/service.

(4) Members of Provincial SDA Coundlmaybegrouped in

several commissions, exceptthe Chairman and Daily

Chairman.

(5) Membership or ProvIncIal SDA COuncil referred to In

sub-article (1) originatesfrom governmentand non­

government elements ina balanced number based on

the principle of representation.

Article27

(1) Provincial SDA Council membership originating from

government elements consist of repr~nl:ativ~sof

Agencies/services relatedwith water resources cov­

ering:

a. Agency in the fieldof planning in the region;

b. Agency/service in the field of water resources;

c. Agency/Service in the field of living environment;

d. Agency/Service in the field of agriculture;

e•.Ageocv. I . ', I

e. Agency/service in the field of health;

f. Agency/selVice in the field of forestry;

g. Agency/service in the field of transportation;

h. Agency/service in the field of industries;

i. AgencyJServl~ in thl'! field of mining;

j. Agency/5elVice jn the field of oceerrend fishery;

k. Agency/service in the field of education;

l. Technical Agency/Service in the field of meteorol­

ogyandgeophysics;

(2) Provincial SDA Council membershiporiginating from

non-government elementsat provincialle-;el cancon­

sistot the folloWing elements:

a. organization/association of cultural (adat) commu­

nity;

b. organization/association of water users for farm­

ing;

c. organization/association of drinking woter busi-

ness enterprises;

d. organization/association of industry water users;

e. organization/association of fishery water users;

f. organization/association of water resources con-

servation;

g. organization/association of water resources users

for electricity;

h. organization/association of water resources users

for transportation;

i. organization/association of water resources users

for tourlsrn/sport;

j. organization/association of water resources users

for mining;

k. organization/association of business performers in

the field of forestry; and

I. organization!association of controllers of waterde­

structive power.

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Article 28

(1) Provincial SDA Council members originating from non­

government elements are commissioned and dis­

chargedby the Governoron the proposal of the orga­

nization/association group it:represented.

(2)Proposal forProvindal SDA Counalmembers from non­

governmentelements referred to in sub-article (1) is

madethrough a-oemocrattc selection mechanism.

(3) selection of Provindal $DACoundlmembersfrom non­

governmentelementsis madeat leastsix (6) months

before the expiration of office term of Provincial SDA

Council memberfrom non-governmentelements.

(4) The performanceof the selectlon referred to In sub­

artide (2) shallbe facilitatedby Provincial SDA Council

secretariat.

Article29

(1) Provincial SDA Council membership from non-govern­

mentelements isfor anofficeterm asof flve (5) years.

(2) Duringthe membershipterm referredto in sub-article

(1), it isauthorized to makea replacement if the mem­

berconcerned:

a. resigns;

b. passed away;

c. prevented permanently from performing his duty

for at least one (1) year;

d. isstated guiltycommittingcrimebased ona court's

judgment h<'lvinO <'I JlPrmanent legal power;

e. withdrawn by the element represented.

Paragraph 2

Work Mechanism

Article30

(1) Provinc~1 SDA Council holdsa meetingat leastoncein

three (3) months.

(2) The

(2)The Provlnoal SDA COuncil meetlnq referred to insub­

article(1) shall bechaired by the Provincial SDA Coun­

en Chairman andattended by the members.

(3) In the event the Provindal SDA Council Chairman is

lOA

d. coordinate thecompilation andfannulation ofpolicy

in the managementof hvdroloqv, hydrometeorol­

ogy,and hydrogeologyinformation system at pro­

vincial-level.

IJn::vt=nlal flUJH d~l.tIfl(Jjl'Yf U* PIUVifJt,:itll SPA Cuufll.il

meeting .hall bechaired bythe Provin<:ial SDA Council

Daily Olainnan.

(4) In the pelfonna"", ofth.l)IOlO\ill!l, th. Provincial SDA

Council mayinvite resource persons from government

~iP<:. IIllivpr;itjF>, l.lV11munity SPIfTn!'>tit!Jti:ln ([ C;M),

or the communityconcerned.

(5) The meeting orderanddecision making procedure of

the Provincial SDA COuncil shall be regulated runner

bythe Chairman of the Provincial SDA Council.

Arttcle 3\

(1) Provindal SDA Coundl Chaltman has theautho'ityto:

a. :itipulatc rrovln<::ial SDA Council work plan;

b. stipulatemeetingorder and decision makingpro­

cedure of the Provindal5DA Council;

c. lead the Provincial SDA Coundl meeting In eceor­

dancewith provisions of meeting order and ded­

Am ITUtking procBtUM; and

d. slIpulabl deciSion based onresults of I'llIYlndll SDA

Coundl.

(2) Provllclal 5DA OlUncll Dill\( CNlllmln ""11l1O dUllOS

101

a. poIform coordinatiOn andCOI1SIJltation belween sec­lets, I'l!!lions and InlBA!St own"", In__urtes

management;b. perform the duties of Provincial SOli.Council Ch3ir~

manin the event the Provincial SOA CoundlChair­

manisprevented from attending;

c. coordinate thecompilation andfannulalion of poiicy

andslBtegy inthomanagomentofwalef rescorces,and

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Paragtaph 3

Proyint;ial SDACO\..lflCiI Secretariat

Article 32

(1) To assist the duties of the Provincial SDA Council, a

Secretariat of the Provincial SDA Council shall be

fanned.

(2) rhe t-'rOVinCI~U SPA council Se<;retarlat referred to in

sub-article(1) has the duties to:

a. support the performance of duty and functions of

ProvInciII SDA Coun<iI;

b. fadlltabltho procurement of experts/resource per-

sons reql,Ji.-.l by the Provindal SDA Council;

c. perform secretarialadministration;

d. perform finance administration; and

e. facilitate the performance of selection of council

membersfrom non-governmentelements.

Regency/CItY SDA Counal

Pa,agraph 1

Organization composition, Membership, Commissioning

and Discharge

Artid@33

(1) The organization composition of Regency/City SDA

Council consists of:

a. Chairman concurrentlyas member;

b. Daily dlairman concurrentiy as member; and

c. Members.

(2) Regency .....

(2) Regency/City SDA Councii Chainnan isheld bythe Re­

gent/Mayor.

(3) Regency/City SDACouncil Daily Chairman is held by

the Head of anAgency / service.

(4) Members ofRegency/Oty SDA Coundl maybegrouped

inseveral commissions, except: the Olairman and Daily

Chairman.

(5) Members of Regency/City 5DA Council referred to in

sub-article(1) originatesfrom governmentand non­

governmenteementsIna balanced numbertesecon

the prindple of representation.

Article34

(3) Regency/Oty 5DA Council membership Originating from

oovernment elements consist of representatives of

Agencies/Services relatedwith water resources cov­

ering:

a. Agency in the field of planning in the region;

b. Agency/Service in the field of water resources;

c. Agency/Service in the field of livingenvironment;

d. Agency/Service in the field of agriculture;

e. Agency/Service in the field of health;

f. Agenev/Service in the field offorestrv:

g. Agency/service inthe field of transportation;

h. Agency/Service in the field of industries;

i, Agency/5ervk:e in the field of mining,

j. Agency/service in the field of ocean and fishery;

and

k. AgencyjServicein the fieldof education;

(2) Regency/City SDA Council membership originating from

non-govemment elements at regency/city level can con­

sistof the follOWing elements:

c. organization/association of cultural (edat) commu-

nity;

b. organization/association of water usersfor fann­

ing;

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c. organization/association of drinking water busi-

ness enterprises;

d. organization/association of industry water users;

e. oroanlzatlon/assoctatlon of fishery water users;

f organization/association of water resources con-

servation;

g. organization/aSSOCiatiOn or water resources users

for electricity;

h. organization/association of water resources users

for transportation:

l. organization/association of water resources users

for tourism/sport;

[. orqaruzation/assodation of water resourcesusers

for mining;

k. organization/association of business performers in

the field of forestry; and

I. orgLlnizotion/Q:ssociiltlon of controllers of weter de­

structivepower.

Article35

(1) Regency/City SDA Council members originating from

non""9OVQmment QIQmenb> are commissioned and dis-

charged by the Regent/Mayor on the proposal of the

organization/association group it represented.

(2) Proposal for Regency/City 5DACouncil members from

non-govemmentelements referred to insub-article (1)

ie; m?Jnp rhmuqh a demorratk- selection mechanism.

(3) Selection of Regency/City SDA Coundlmembers from

non-govemment elements is made at least six (6)

months before the expiration ofoffice termofRegency/

City SDACound!member from non-government ele­

ments.

(4) The performance of the selection referred to in sub­

article (2) shall be facliitated by Regency/City 5DA

Council Secretanet.

Articlp ":l.Fi

12A

Article 36

(1) Re<)ency/City SDA Council membership fromnon-gov­

ernment elements isfor an offICe termas of ffve (5)

yParc.

(2) During the membership termreferred to insub-artide

(1), ~ isauthorized tomake a replaceme<1l Wthe mem­

ber concerned:

a. resigns;

b. passedaway;

c. prevented permanently from performing his duty

forat leastone(1) year;

d. isstatedgUilty tommltting crime baSed ona court's

judgment having a permanent legal power;

e. withdrawn by the element represented.

Paragraph 2

WUlkt-b.Ildll~1l

Article 37

(1) Re<jency/Cily SDA Council holds a meeting alleastooce

in three(3) months.

(2) The Regency/Oty SDA Coundl meeting referred to in

sub-erttcle (1) shall be chaired by the RegenCY/City

SDA Council Olairman and attended bY themembers.

(3) In theevenltheRegency/City SOA Council Chairman Is

prevented from attending, theRegency/City SDA Coun­

cilmeeting shall bechaired bythe Regency/City SDA

Council DailyC'lainnan.

(4) In theperformance of themeeting, theRegency/City

SDA COuncil may invite resource persons from goy.

emment agencies, universities, Community self Insti­

tution (LSM), orthe community concerned.

(5) The meetin!J order and dectston making procedure of

the Regency/City SDA COundlshall be requlated fur­

therby the Chairman of theRegency/City SDA Coun­

cil.

BU:ioh~New57G<i1-7GG2/:'-11 2008

Article 38

(1) Re<)ency/City SDA Coundl Chairman hastheauthority

to:

a. stipulate Regenev/OW SDA Coundl work plan;

b. stipulate meeting orderanddecision making pre­

cedure of the Regency/my SOA Council;

c. lead the Regency/Oty SDA Council meel1ng In ac­

cordance with provisions of meeting orderandde­

cision making procedure; and

d. stipulate decisions based on results of Regency/

City SDA Council.

(2) Regency/Oty SDA Council Daily Chairman has thedu­

ties to:

a. perform coordination andconsultatIOn between sec­

tors andinterest-owners inwaterresources man­

agement;

b. perform the duties of Regency/City SDA Council

Chairman intheevent theRegency/OtySDA Coun-

01 Chainnon is prevented from attending;

c. coordinate thecompilation and formulation of policy

and strategy inthemanagement ofwater resources;

and

d. CXXlrdlnale the compilation andformulalion of policy

inthe rnanaqemern of hydroloqy, hydrometeorol­

ogy, and hydrogeology information system at re­

gency/city level.

Paragraph 3

Regency/City SDA Council Secretariat

Article 39

(1) To assist theduties ofthe RegenOJ/City SDA Council, a

5eeretariatof the Regency/City SDA Council shall be

fanned inaccordance with provisions ofstaMoryregu­

lation.

(2)Tbe

13A

(2) TheRegency/City SDA Council Secretariat referred to

insub-artlde (1) has theduties to:

a. support the performance of dutyand functions of

Regency/City SDA COundl;

b. fllCllltate the pnxurement ofexeerts/resource oer-

"",J/Ilqulrfld bythe R~ncy/Clty SOA COuncJI;

c. perform secretarial administration;

d. percrru firillflUladmlnllttationj lind

e. !adlilate lhe performence of .electlon of council

members from non-govemment elements.

CHAPTER V

WORK RELATIONSHIP BETWEEN

WATER RESOURCES COUNCIL

Article 40

(1) Work relationship between National SDA Council, Pro~

vindal SDA Councfl, and Regency/City SDA Council is

coordinative and consultative innature.

(2) Thework relationship thaI IsOOOrtllnalive andconsul­

tative In nature referred to In sub-artide (1) covers

matters between administrlltl'lt! regions, nter-sectcr

interests, ornational interest Issues.

(3) In the performanceofdutia;refetT1ld to InArtide

6, National SDA COuncil is aulhorize<J to request for

inputs ftom Provlndal SDA COundl and/or R.egency/

Oty SDA COundl.

(4) In the performanceof dutiesreferrell to InArticle 10

and ArtIcle 14, Provincial SDA COuncil and/orR~/

City SDA COundl may request forconsiderations from

National SDA COundJ.

CHAPTER VI

fUI\[)!NG

Article 11

(I) Funding ofNational SDA COuncil operations ~ borneOIl

the state Income and Expenditure Budget(APBN).

Buliness News 7661-7662/5-14-2008

(2) Funding ofProvincial SDA Council operations ;s bome

on theIncome and Expenditure Budgetof the Province

(APBD).

(3)Funding ofRegency/Oty SDA COuncil operations~ borne

0" the Income and Expenditure Budgetof the Regency/

Oty(APBD).

CHAPTER VII

mANstnONAL PROVISIONS

Article 42

(1) Before the N~tionalSDA Council is established, the per­

formaneeofduties and functions inthemanagement

ofwater resources at national1evel shall be perfonned

by the Water Resources Management COOrdination

Team (TKPSA) a' established by Presidential Decree

No. 123Year2UUlwhiCh hadbeen amendeCI by presl~

dential Decree No. 83 Year 2002.

(2) Theperformance of duty[mel functions ofTKPSDA re­

ferred to insub-article (1) related with thecompilation

and tormuletlcn of policy and strategy ()f water re­

sources management had tobe executed by Indudlng

representatives ofthe community related with water

Article 43

(1) Before the Provincial SDA COuncilor Regency!City SDA

COundl isestablished in accordance with this Prest­

dential RegulatiOn, the cerrorrrerce of dunes and rcrc­

tions inthecoordination afwater resources manage­

mentat provindallevel or reqencv/dtv level shall be

performed bythe WaterRegulating COrnmillEe orother

coordination forums.

(2) The , ..•.

14A

(2) The performance of duty and functionsof the WaterRegulating Committee or the other coordinationforum referred

to Insuo-artICle (1) relatedWiththe compnatlOn and formulatIonor policyand strateqy Ofwater resources manage­

menthad to beexecuted by including representatives of thecommunity related withwater resources management.

(3) Statutoryregulationsrelatedwith the WaterRegulating Committee or other coordination forums referred to in sub­

article(2) at provincial levelor regeoo,!cif)( level shouldbe confonnedtwo (2) years at the latest after this Preskien­

tialRegulation is stipulated.

ArlicIe44

(1) In the event the Secretariatof NationalSDA Council is not yet formed, the performance of selection referred to in

Article 19sub-article(4) shall be carried out by the Selection Teamof membersof the NationalSDA Council.

(2) The selection Teamreferred to in sub-article (1) shall be stipulated by the Daily Chairman of Water Resources

Management Coordination Team (TKPSA) referred to in Article42.

Artide 4S

(1) In the eventthe Secretariat of ProvincialSDA CouncilorRegency/City 5DACOuncil is notyet formed,the performance

of selection referred to in Article28 sub-iutidp (4) andArticle3Ssub-article(4) shall becarried out by the Selection

Teamof membersof theProvindalSDA Coundlor Regency/City SDA CouncU.

(2) The Selection Teamreferred to in sub-article(1) is stipulatedbythe Governoror Regent/Mayor.

QiAPTER V111

llib.lNG PROVISIONS

Artide46

In a period ofone (1) year from thestipulation ofthisPresidential Regulation, NationalSOA Council should have

been established.

Artide47

This Presidential Regulation comes to effectfromthe date of stipulation.

Stipulated inJakarta

On February 26,2008

THE PRESlDENTOFTHE REPUBllC OF INDONESIA,

Sgd

OR. H. SUSILO Bi\MBANG \"UDHOVONO

-===(D)==~

BusillC:5S New' 7661 7662/5-11-2009