Indonesian Act 17-2008 Regarding Shipping

Page 1
LAW OF THE REPUBLIC OF INDONESIA

NUMBER 17 OF 2008
ABOUT
SHIPPING
BY THE GRACE OF GOD ALMIGHTY
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Considering: a. that the Republic of Indonesia is a country
characterized archipelago islands united by region
waters are very spacious with boundaries, rights, and
sovereignty defined by law;
b. that in effort achieve destination national based on Pancasila and the Constitution of the State
Republic of Indonesia Year 1945, realizing Insights Archipelago and stabilize endurance national
transportation system needed to support economic growth, regional development, and strengthen
state sovereignty;
c. that consists of freight shipping in the waters, port, the safety and security of shipping,
and protection of the maritime environment, is part of system transport national which should
developed potential and role for create a system of effective and efficient transportation,
and help create a national distribution patterns steady and dynamic;
d. that the development of a national strategic environment and to demand international shipping
accordance with the development of science and technology, private sector participation and
competition, regional autonomy, and accountability of state officials, to continue prioritizing the
safety and security shipping in the national interest;
e. that the Law No. 21 Year 1992 on The cruise is no longer appropriate to the needs
The current organization of the cruise so it needs to be replaced with the new legislation;
f. that. . .
f. that based on consideration
the letters a, b, c, d, and e,
need to establish the Law on the voyage;
Remember
: Article 5 paragraph (1), Article 20 paragraph (1), Article 25A and Article 33
Constitution of the Republic of Indonesia Year
1945;
Together with Approval
HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA
DECIDED:
Stipulate: LAW ON SHIPPING.
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Act referred to as:
1. Cruise is an integrated system consisting of
transport in the waters, ports, safety and
security, and protection of the maritime environment.
2. Waters
Indonesia
Indonesian territorial sea is
islands and coastal waters and its hinterland.
3.
Freight transport activities in waters is
and / or move the passengers and / or goods
by boat.
4. Transportation Special Sea is to transport activities
serve the interests of their own efforts in supporting
anyway business.
5. Transportation. . .
Page 3
-3-
5. Transportation Shipping Sea-Folk is the people's business
that are traditional and have the characteristics
its own to carry freight in the waters
by using a sailing ship, sailboat motor,
and / or simple Indonesian-flagged motor vessel
of a certain size.
6. Route is a route or path transport service
from one port to another port.
7. Agents General is a national sea transport companies
or a national company specifically established to
doing business shipping agency, designated by the
foreign shipping companies to take care of
interests of the ship while in Indonesia.
8. Cruise-Pilot is a transport service in the waters
on routes established by the Government
to serve the area or areas that do not or
not served by water transport as yet
commercial benefit.
9. Related Services Business is a business activity that is
expedite the process of activities in the field of shipping.
10. Multimodal Transport is freight
using at least two (2) modes of transportation
differ on the basis of one (1) contract using
document
transport
multimodal
of one
place
receipt of the goods by the multimodal transport operator to
a place designated for delivery of goods
The.
11. Enterprises Principal is
mentioned type of business
the business license of a company.
12. Mortgages collateral vessel material is right on the boat
registered to guarantee repayment of certain debts
which gives the preferred position to
certain creditors against other creditors.
13. Receivable-Shipping is a bill that Prior
which shall be paid in advance of the results of the execution of the ship
precedes bill ship mortgage holders.
14. Port affairs. . .
Page 4
-4-
14. Port affairs is everything related
with the implementation of port functions to support
smoothness, safety, and order traffic flow
ships, passengers and / or goods, safety and
safety sailing, where the displacement intra-dan/atau
and encourage inter-national economy and
areas with regard to spatial.
15. The National Order of port affairs is a system
port that contains the roles, functions, types,
hierarchy harbor, the National Port Master Plan,
and the location of the port as well as the integration of intra-and
inter-as well as integration with other sectors.
16. Ports
is
place which consists of land
and / or water with certain limits as
place government activities and exploitation activities
which is used as a lean ship, ride
down passengers, and / or unloading of goods,
a terminal and ship berths
equipped with safety and security
shipping and ports as well as supporting activities
as a place
shift
intra-and
inter-
transportation.
17. Ports
Main
is
port
which
function
principally serving marine transportation activities in the country
and internationally, over the domestic sea freight load
and internationally in large quantities, and as
place of origin destination of passengers and / or goods, as well as
ferry transport to the range of services
between provinces.
18. Ports are ports that function Gatherer
principally serving marine transportation activities in the country,
fit over the sea transport in the country in the number of
medium, and as the place of origin of the passenger destination
and / or goods, as well as ferry transport with
outreach province.
19. Feeder Port is the port function
principally serving marine transportation activities in the country,
fit over the sea transport in the country in the number of
limited, a feeder for the main port
and collector port, and as the place of origin
destination passengers and / or goods, as well as transport
crossings with a range of services in
province.
20. Terminal. . .
Page 5
-5-
20. Terminal are port facilities consisting of
pool and a boat dock or mooring lean,
stockpile, where waiting and up and down
passengers, and / or place of loading and unloading of goods.
21. Specialty Terminal is a terminal that is located outside
Regional Work Environment and Regional Environmental
Interests of the port that is part of the
nearest port to serve the interests of their own
accordance with the core business.
22. Terminal is a terminal for Self Interests
The area is located in the Occupational and Environmental
Area
Environment
Interest
port
which
is part of the harbor to serve
own interests in accordance with the core business.
23. The Regional Working Environment (DLKr) is the territorial waters
and land on a specific port or terminal
used directly for port activities.
24. The area of interest (DLKp) is water
working area around the harbor waters
which
used
for
guarantee
safety
cruise.
25. Ports Master Plan is the arrangement of space
port in the form of allotment of land use plans
and waters in the Region and the Regional Working Environment
Of interest of the port.
26. The Port Authority (Port Authority) is the agency
government
The port
as authority
which
carrying out regulatory functions, control, and
supervision of port activities are cultivated
commercially.
27. Units
Organizer
Port
is
institution
government
The port
as authority
which
implement
function
setting,
control,
supervision of port activities, and
administration
service port to port
not been commercially cultivated.
28. Enterprises Port is a business entity
business activities in the operations of
terminals and other port facilities.
29. Parking. . .
Page 6
-6-
29. Parking Port is the water in front of the pier
used for operational purposes and berthing
if the motion of the ship.
30. The materialization Spatial structure of space and pattern space.
31. Spatial planning is a process planning system
layout, space utilization, and control
utilization of space.
32. Safety and Security Shipping is a
state safety requirements are met and
concerning transport security in the waters,
port, and maritime environment.
33. Kelaiklautan vessel is the vessel that meets state
requirements of ship safety, pollution prevention
waters of the ship, manning, load line, loading,
Crew welfare and health of passengers,
legal status of ships, safety management and
prevention of pollution from ships, and
management
security of the ship to sail in certain waters.
34. Safety
The ship is
state
ship
meets the requirements of materials, construction, building,
and electrical machinery, stability, arrangements
as well as auxiliary equipment including stationery supplies
and radio, electronic ship, as evidenced by
certificate after inspection and testing.
35. Classification Board is a ship classification agencies
do
arrangement
strength
construction and
ship machinery, marine materials quality assurance,
supervision
development,
maintenance,
and
overhaul of the ship in accordance with the classification rules.
36. Vessel is a vessel with the shape and type of
particular, driven by wind power, power
mechanical, energy, withdrawn or postponed, including
powerful vehicle dynamic support, vehicles
below the surface of the water, and floating equipment and buildings
Floating is not moving.
37. Ship Warship is the Indonesian National Army
established in accordance with the provisions of
legislation.
38. Ship. . .
Page 7
-7-
38. Ship of State is the state-owned boats used by
certain government agencies are given functions and
authority
in accordance with the
provision
regulation
legislation to enforce the law and
other government tasks.
39. Ships are foreign-flagged vessels in addition to the flag
Indonesia and not recorded in the list of Indonesian vessel.
40. Crew is a person who works or employed
on board by the owner or operator of the vessel to
perform duties on board in accordance with his
sijil listed in the book.
41. Skipper was one of the Crew
became supreme leader in ship and have
certain powers and responsibilities in accordance with the
provisions of the legislation.
42.'s Men Crew Boat is in addition to the skipper.
43. Navigational is everything related
with
Means
Help
Navigation-cruise,
Telecommunications-cruise, hydrographic and meteorological,
groove and crossings, dredging and reclamation,
pilotage, boat handling framework, Salvage and
underwater works for the interests of safety
cruise ship.
44. Navigation is the process of directing the movement of ships
one point to another safely and smoothly and
for
avoid danger and / or hazard
cruise.
45. Groove-Shipping is the waters in terms of depth,
width, and other perceived barrier-free shipping
secure and safe for navigability.
46. Means of Navigation Aids-Sailing is equipment or
systems that are outside the ship designed and
operated to improve the safety and
efficiency navigate ships and / or ship traffic.
47. Telecommunications-The cruise is a special telecommunications
for the purposes of shipping services which are each
transmission, emission or reception of each type
marks, images, sounds and information in the form of what
system through any wire, optical, radio, or system
other electromagnetic-cruise in mobile service
which is part of the safety of shipping.
48. Scouting. . .
Page 8
-8-
48. Scouting is guided activities in helping,
providing advice and information to the skipper
about the state of the local waters are important in order
navigation-shipping can be carried out safely,
orderly, and
smooth
for safety
ship and
environment.
49. Aquatic Mandatory Scout is the water area
because the conditions requiring their waters do
melayarinya guiding the ship.
50. Pandu is a sailor who has expertise in the field of
nautical who have met the requirements for
carry out pilotage.
51. Employment
Under
Water
is
job
which
related to the installation, construction, or vessel
carried out under water and / or work in
underwater special nature, namely the use of
underwater equipment that is operated from the surface
water.
52. Dredging is work to change the basic shape
waters to reach the depth and width of the
desired or to take the basic material
waters that are used for specific purposes.
53. Reclamation is a heap of work in waters or
coastal shoreline change and / or contour
water depth.
54. Framework vessel is any vessel that sank or
aground or been stranded and abandoned.
55. Salvage is work to provide relief
against the vessel and / or cargo are experiencing
vessel accidents or in danger in the waters
including lifting frame ships or obstacles
or other underwater objects.
56. Syahbandar are government officials at the port
appointed by the Minister, and has the authority
highest for running and monitoring
the fulfillment of the laws and
regulations to ensure the safety and security
cruise.
57. Protection of Maritime Environment is any attempt
for
prevent
and
tackle pollution
environmental waters originating from activities
associated with sailing.
58. Court. . .
Page 9
-9-
58. Court Sailing is a panel of experts who are in
under and responsible to the Minister that
duty
for
do
examination
advanced
shipwrecks.
59. Safeguards Sea and Coast (Sea and Coast Guard) is
institutions that carry out the functions and the maintenance of
enforcement of laws and regulations in the sea and
beaches formed and is responsible to the
President and implemented by technically operational
Minister.
60. Enterprises is a State Owned Enterprise, Agency
Regional Owned, or Indonesian legal entity
specifically set up for the cruise.
61. Every person is an individual or a corporation.
62. The Central Government, hereinafter referred to as Government
is the President of the Republic of Indonesia, which holds the
executive power of the Republic of Indonesia
as defined in the Constitution
Republic of Indonesia Year 1945.
63. Regional government is the governor, regent, or
mayor
and
device
area
as an element of
the regional administration.
64. Minister is the Minister
the duties and responsibilities
shipping affairs.
CHAPTER II
PRINCIPLES AND OBJECTIVES
Article 2
The cruise was organized by:
a. the principle of utility;
b. the principle of joint venture and kinship;
c. the principle of fair competition;
d. fair and equitable basis without discrimination;
e. principles of balance, harmony, and harmony;
f. the principle of public interest;
g. principle. . .
Page 10
- 10 -
g. principle of coherence;
h. the principle of the rule of law;
i. principle of self-reliance;
j. principles of environmentally;
k. principle of state sovereignty; and
l. the principle of nationality.
Article 3
The cruise was organized with the aim of:
a. facilitate the movement of people and / or goods
through the waters by prioritizing and protecting
transport in water in order to expedite the
the national economy;
b. fostering maritime soul;
c. uphold state sovereignty;
d. creating industrial competitiveness by developing
national maritime transport;
e. support, promote, and encourage the achievement of
national development objectives;
f. strengthen the unity and integrity of the nation in
order embodiment Archipelago; and
g. improve national resilience.
CHAPTER III
SCOPE OF ENTRY INTO LAW
Article 4
This Act applies to:
a. all transport activities in the waters, ports,
safety and security of shipping, as well as protection
maritime environment in the waters of Indonesia;
b. all foreign ships sailing in the waters of Indonesia; and
c. all Indonesian-flagged vessels that are outside
Indonesian waters.
CHAPTER IV. . .
Page 11
- 11 -
CHAPTER IV
GUIDANCE
Article 5
(1) The cruise controlled by the state and fostering
carried out by the Government.
(2) Development of the cruise as described in paragraph
(1) include:
a. setting;
b. control; and
c. supervision.
(3) The arrangements referred to in paragraph (2) letter a
include the determination of general policy and technical, between
the other, the determination of norms, standards, guidelines, criteria,
planning, and
procedures including
requirements
safety and security of shipping and licensing.
(4) Control referred to in paragraph (2) letter
b includes giving direction, guidance, training,
licensing, certification, and
technical assistance in the field
construction and operation.
(5) The supervision referred to in paragraph (2) letter c
includes activities
construction supervision and
operation to conform with the laws and
invitations including corrective action and
law enforcement.
(6) Development of the cruise as described in paragraph
(2) carried out with due regard to all aspects
community life and directed to:
a. facilitate the movement of people and / or
goods in bulk through the water with
safe, secure, fast, smooth, orderly and organized,
convenient, and efficient, with costs
affordable by the community;
b. improve the organization of transport activities in
waters, ports, safety and security,
as well as protection of the maritime environment as part
of the overall integrated transport modes
with
utilize
development
science
science and technology;
c. develop. . .
Page 12
- 12 -
c. develop
ability
armada
transport
strong national waters and supported
Reliable shipping industry so as to
meet transportation needs, both domestically
as well as from and to foreign countries;
d. efforts to develop transport services in the waters
and reliable national competitiveness and supported
simplicity
obtain
funding,
relief
taxation, and a strong shipping industry
thus able to independently and compete;
e. increase
ability
and
role
port as well as safety and security
cruise
with
guarantee
availability
flow-
cruise, harbor pools and Auxiliary Facilities
Sailing Navigation-sufficient in order
support transport in the waters;
f. embody the spirit of human resources
marine,
professional,
and
capable
follow
development needs of the organization of the cruise;
and
g. comply with the protection of the maritime environment
prevention and control of pollution
derived from transport activities in the waters,
port, as well as safety and security.
(7) The local government shall develop cruise
referred to in paragraph (6) in accordance with
authority.
CHAPTER V
TRANSPORT IN WATERS
Part One
Type Transport in Water
Article 6
Types of transport in the waters consist of:
a. ocean freight;
b. transport streams and lakes; and
c. ferry transport.
Part Two. . .
Page 13
- 13 -
Part Two
Sea Transport
Paragraph 1
Sea Transport Type
Article 7
Ocean freight consists of:
a. domestic sea transport;
b. foreign sea transport;
c. special ocean freight; and
d. sea freight shipping-folk.
Paragraph 2
Sea Transport of the Interior
Article 8
(1) The domestic sea freight carried by
company
transport
sea
national
with
use Indonesian-flagged vessels and manned
by Crew of Indonesian nationality.
(2) foreign vessels are prohibited from carrying passengers and / or
goods between islands or among ports in the region
Indonesian waters.
Article 9
(1) The domestic marine transport arranged and
implemented
in
integrated, both
intra-and
inter-system which is an integral
national transportation.
(2) The domestic sea transport as
referred to in paragraph (1) shall be implemented with fixed routes
and regular (liner) and can be fitted with stretch
not fixed and irregular (tramper).
(3) The domestic sea freight service
stretch and regularly performed in the route network.
(4) Network. . .
Page 14
- 14 -
(4) Network and regularly transport trajectory in the sea
country established by considering:
a. development center of industry, trade, and
tourism;
b. development areas and / or areas;
c. general plan zoning;
d. integration of intra-and inter-transportation; and
e. Archipelago embodiment.
(5) Preparation
network
stretch
fixed
and
regular
referred to in paragraph (4) is done with
by the Government, local governments, and associations
company
transport
sea
national
with
notice
input
association
users
service
ocean freight.
(6) Network and regular fixed routes as intended
in paragraph (5) shall be determined by the Minister.
(7) The operation of vessels on fixed route network and
regularly referred to in paragraph (5) do
by
company
transport
sea
national
consider:
a. kelaiklautan ship;
b. use
flagship
Indonesia
and
manned by an Indonesian citizen;
c. balance demand and the availability of the room;
d. flow conditions and the port facilities visited;
and
e. the type and size of the vessel in accordance with needs.
(8) Operation of ships on the route is not fixed and not
regularly referred to in paragraph (2) shall
by sea freight companies nationwide and mandatory
reported to the government.
Article 10
Further provisions on maritime transport activities
in the country is regulated by the government.
Paragraph 3. . .
Page 15
- 15 -
Paragraph 3
Sea Foreign Transportation
Article 11
(1) The sea freight to and from offshore
by sea freight companies nationwide and / or
foreign shipping companies to use
Indonesian-flagged vessels and / or foreign ships.
(2) marine transport activities referred to in paragraph
(1) be implemented for national sea transport companies
obtain a fair share of the load in accordance with
(3) The sea freight to and from overseas
referred to in paragraph (1) which includes
sea freight can be carried across borders by
and regular fixed routes and the route is not fixed and not
regularly.
(4) foreign sea transport companies can only do
marine transport activities to and from the port of Indonesia
open to foreign trade and compulsory
appoint a national company as general agent.
(5) foreign sea transport companies who do
marine transportation activities to or from the port of Indonesia
open to foreign trade
continuous may appoint a representative in
Indonesia.
Article 12
Further provisions on maritime transport activities outside
country, agency
general, and
representation
company
foreign sea transport is regulated by the government.
Paragraph 4. . .
Page 16
- 16 -
Paragraph 4
Special Sea Transport
Article 13
(1) special sea freight activities conducted by the agency
effort to support the core business for the benefit of
themselves using Indonesian-flagged vessels
kelaiklautan eligible ships and
Ships manned by a crew of Indonesian nationality.
(2) marine transport activities specifically referred
in paragraph (1) shall be based on the operating license of
Government.
(3) marine transport activities specifically referred
in paragraph (1) shall be organized using the
Indonesian-flagged vessel unseaworthy with conditions
and vessel requirements according to the type of activities
anyway business.
(4) The sea freight specifically referred
in paragraph (1) are prohibited from transporting cargo or goods
belonging to other parties and / or transporting cargo or
general merchandise except in certain circumstances
by permission of the Government.
(5) certain circumstances as described in paragraph (4)
the form:
a. unavailability of the vessel; and
b. lack of transportation companies who are able to
serve part or all of the service request
existing transport.
(6) Implementing activities of foreign sea transport which do
marine transport activities specific to the Indonesian port
open to foreign trade shall
designate a national marine transport companies or
implementing specialized marine transportation activities as agent
general.
(7) Implementing specialized marine transportation activities can only be
become an agent for the ship whose activities were
substantially similar to the business.
Article 14. . .
Page 17
- 17 -
Article 14
specifically regulated by Government Regulation.
Paragraph 5
Ocean Freight Shipping-People
Article 15
(1) ocean freight shipping activities as business-people
people who are traditional and are
part of the transport business in the waters have
important role and its own characteristics.
(2) Activity-folk ocean freight shipping is done by
An individual Indonesian citizens or entities
attempt to use Indonesian-flagged vessels
kelaiklautan eligible vessels as well as
Ships manned by a crew of Indonesian nationality.
Article 16
(1) Development of ocean freight shipping-held folk
that life and the important role transport business
sea-shipping to be maintained as part of the people
of potential national sea transport is a
unity of the national transportation system.
(2) Development
transport
sea
cruise-folk
implemented to:
a. increase
service
to
area
inland
and / or water that has a groove with
limited depth, including rivers and lakes;
b. increase
ability as a field
national marine transport business and employment; and
c. improve the competence of human resources and
entrepreneurship in the field of sea transport business
nationwide.
(3) Fleet
transport
sea
cruise-folk
can
operated on domestic and cross-border, either
with fixed routes and regular and not stretch
fixed and irregular.
Article 17. . .
Page 18
- 18 -
Article 17
cruise-folk is regulated by the government.
Part Three
River and Lake Transport
Article 18
(1) The transport streams and lakes in the country
conducted by individual citizen
Indonesian or business entity using the boat
Indonesian flag that meets the requirements
kelaiklautan ships and manned by a crew of Ship
Indonesian citizenship.
(2) The transport streams and lakes between the State
Republic of Indonesia and neighboring countries do
based on an agreement between the Government of the Republic
Indonesia
and
government
state
neighbor
which
concerned.
(3) Transport rivers and lakes is carried out between two
countries referred to in paragraph (2) may only be
carried by Indonesian-flagged vessels and / or
flagged vessels country concerned.
(4) The transport streams and lakes and prepared
carried out in an integrated manner with due regard to intra-
and inter-system which is an integral
national transportation.
(5) The transport streams and lakes can be implemented
using fixed routes and regular or
trajectory is not fixed and irregular.
(6) The transport streams and lakes is prohibited
at sea except with the permission of the harbor master
remain eligible kelaiklautan ship.
Article 19
(1) To support the core business activities can be carried out
transport streams and lakes for its own sake.
(2) Activity. . .
Page 19
- 19 -
(2) The transport streams and lakes as
referred to in paragraph (1) may be made by the
Indonesian citizens or business entities
with the permission of the Government.
Article 20
Further provisions on river transport activities
and the lake is regulated by the government.
Part Four
Transport Crossing
Article 21
(1) ferry transport activities in the country
performed by entities using the boat
Indonesian flag that meets the requirements
kelaiklautan ships and manned by a crew of Ship
(2) Activity
transport
crossing
between
State
Republic of Indonesia and neighboring countries do
based on an agreement between the Government of the Republic
Indonesian government and the country concerned.
(3) Transport crossings made between two
countries referred to in paragraph (2) may only be
carried by Indonesian-flagged vessels and / or
flagged vessels country concerned.
Article 22
(1) Transport is a freight crossing
serves as
bridge
which
connect
network of roads or railway networks that
separated by water to transport passengers
and the vehicle and its cargo.
(2) Determination of transport crossing traffic as
referred
on
paragraph
(1)
do
with
consider:
a. development of the road network and / or network path
trains separated by the waters;
b. function. . .
Page 20
- 20 -
b. function as a bridge;
c. relationship between the two ports, the port
and terminals, and between the two ferry terminals
with a certain distance;
d. not transport goods derived from
vehicle transporter;
e. Spatial Planning; and
f. network
stretch
transport
sea
so that
can
achieve optimization of transport integration inter-
and intramoda.
(3) Transport
crossing
implemented
with
fixed routes and regular use.
Article 23
Provision
more
continue
regarding activities
transport
crossings is regulated by the government.
Part Five
Transport in Water for Disadvantaged Areas still
and / or Remote Areas
Article 24
(1) Transport in the waters of the region still lags
and / or remote areas must be carried out by
Government and / or local governments.
(2) Transport in the waters referred to in
paragraph (1) shall be implemented by the cruise-pioneer and
assignment.
(3) The cruise-pioneer as referred to in paragraph (2)
implemented at a cost that is provided by
Government and / or local governments.
(4) Assignment
as
referred
on
paragraph
(2)
given to the national sea transport companies
to get compensation from the Government
and / or local government equal to the difference between the cost of
production and the tariff set by the government and / or
local government as a public service obligation.
(5) Shipping. . .
Page 21
- 21 -
(5) The cruise-pioneer and assignments executed
integrated with other sectors based approach
development of the region.
(6) transport water to areas still lagging
and / or remote areas evaluated by the Government
and / or local governments each year.
Article 25
Pioneering shipping as referred to in Article 24
can be done by long-term contracts with
transport companies in waters using vessels
flag
Indonesia
which
meet
requirements
kelaiklautan ship manned by Indonesian citizens.
Article 26
Further provisions on the cruise-pioneer and
assignment on transport in the waters of the area is still
disadvantaged and / or remote areas regulated by
Government.
Part Six
Transport Licensing
Article 27
For transport activities in the waters of the
Indonesian citizens or business entities shall
have a business license.
Article 28
(1) ocean freight business license granted by:
a. regent / mayor is concerned for the corporate
who live in the district / city and
operates on port traffic in the area
district / city;
b. governor of the province concerned for the body
businesses that are domiciled in the province and
operate
on
cross
port
inter-district / city in the province; or
c. Minister. . .
Page 22
- 22 -
c. Minister for enterprises conducting
on cross interprovincial and international ports.
(2) ocean freight shipping business license granted-people
by:
a. regent / mayor
which
relevant
for the
Indonesian citizens or entities
businesses that are domiciled in the district / city
and operates on port traffic in the area
district / city; or
b. the governor is concerned for the individual
Indonesian citizen or business entity
domiciled and operate at cross-harbor
inter-district / city
in
region
province,
port
between provinces,
and
port
internationally.
(3) The business license of the river and lake transport is given by:
a. regent / mayor
domicile of the
Indonesian citizens or entities
business; or
b. Provincial Governor of Andhra Pradesh
for an individual who is a citizen of Indonesia
or business entities domiciled in the Special
Capital, Jakarta.
(4) In addition to having a business license as referred to in
paragraph (3) for transport streams and lakes ship
operated shall have a route permit granted
by:
a. regent / mayor concerned for ships
serve the route in the district / city;
b. governor of the province concerned for ships
serve the route between districts / cities in the region
province; or
c. Minister for the vessel that serves the route between provinces
and / or interstate.
(5) The business license ferry transport is given by:
a. regent / mayor in accordance with the entity's domicile;
or
b. Provincial Governor of Andhra Pradesh
for business entities domiciled in the Region
Of Jakarta.
(6) In addition. . .
Page 23
- 23 -
(6) In addition to having an operating license as referred to in
paragraph (5) for ferry transport, ship
operated shall have operating agreements
ship is given by:
a. regent / mayor concerned for ships
serve
cross
port
in
region
district / city;
b. governor of the province concerned for ships
serve cross
port
inter-district / city
in the province; and
c. Minister for ships serving the cross-harbor
between provinces and / or countries.
Article 29
(1) To
get
permit
business
transport
sea
referred to in Article 28 paragraph (1) body
businesses are required to have Indonesian-flagged vessels with
size at least
GT 175 (one hundred and seven
twenty-five Gross Tonnage) .
(2) An individual Indonesian citizens or entities
efforts to cooperate with the company
foreign sea transport or foreign legal entities or citizens
foreign countries in the form of a joint venture (JV )
by forming a sea freight company
have
ship
flag
Indonesia
at
least 1 (one) unit ships with the size of the GT 5000
(Five thousand Gross Tonnage) and manned by a crew
Article 30
Further provisions concerning the procedures and requirements
transport permits in waters regulated by the
Government.
Part Seven. . .
Page 24
- 24 -
Part Seven
Related to Transportation Services business in Water
Article 31
(1) To facilitate the transport activities in waters
as
referred
in
Article
6
can
organized effort associated with transport services in
waters.
(2) The business related services as described in paragraph (1)
can be:
a. loading and unloading of goods;
b. transportation management services;
c. freight harbor waters;
d. marine transport equipment leasing or equipment
services related to maritime transport;
e. tally independent;
f. container depot;
g. management of the ship ( ship management );
h. intermediary for the sale and purchase and / or rental boat ( ship brokers );
i. Crew agency ( ship manning agency );
j. ship agency; and
k. maintenance and repair of the vessel ( ship repairing and
maintenance ).
Article 32
(1) The business related services as defined in Article
31 paragraph (2) Any business entity established
specifically for it.
(2) In addition to a business entity established specifically for the
referred to in paragraph (1) the loading
unloading can be carried by sea transport companies
national only for the loading and unloading of goods
specific to the operation of the ship.
(3) In addition to a business entity established specifically for the
referred to in paragraph (1) transport activities
harbor waters can be carried out by the company
national sea transport.
(4) Activity. . .
Page 25
- 25 -
(4) The tally is not tally independently as
referred to in Article 31 paragraph (2) letter e can
conducted by national sea transport companies,
stevedoring company, or agency
transportation management, limited only to activities
cargodoring, receiving / delivery, stuffing, and stripping chest
Boxed for his own benefit.
Article 33
Each business entity established specifically for business services
Related referred to in Article 32 paragraph (1) shall
have a business license.
Article 34
business licensing services related to transport in water
regulated by the Government.
Part Eight
Rate Transport and Related Services Business
Article 35
(1) Freight rates in the waters consist of freight rates
passenger and freight transport rates.
(2) economy class passenger rates are set
by the Government.
(3) rates are determined by noneconomic passenger
transportation providers based on service level
given.
(4) Rates are set by the provider of freight services
transport based on an agreement between the service user
and transportation service providers in accordance with the type,
structure, and the group set by the Government.
Article 36
Rates are set by the business-related services providers related
based on agreements between service users and providers
related services in accordance with the type, structure, and groups that
set by the Government.
Article 37. . .
Page 26
- 26 -
Article 37
Further provisions concerning the type, structure, and class
freight rates and related services business is regulated by the
Government.
Part Nine
Obligations and Responsibilities Carrier
Paragraph 1
Mandatory Transport
Article 38
(1) The Company shall carry freight in the waters
passengers and / or goods transport especially post
agreed upon in trucking.
(2) transport of agreement referred to in
paragraph (1) shall be evidenced by a passenger ticket and
cargo documents.
(3) In certain circumstances the Government to mobilize the fleet
national commercial.
Article 39
Further provisions on compulsory transport is regulated by
Government Regulation.
Paragraph 2
Carrier Responsibilities
Article 40
(1) The company in charge transport in waters bertangggung
against
safety
and
security
passenger
and / or goods are carried off.
(2) The company responsible for water transport in
the cargo ship according to the type and amount of
stated in the charge document and / or
agreement or contract of carriage that has been
agreed.
Article 41. . .
Page 27
- 27 -
Article 41
(1) The responsibility referred to in Article 40
can be generated as a result of the operation of the ship,
the form:
a. death or injury of passengers carried;
b. destroyed, lost, or damaged goods transported;
c. delays in passenger and / or goods
transported; or
d. third party losses.
(2) If it can be proved that the loss as
referred to in paragraph (1) letter b, c, and d
not caused by the fault, the company
transport in the waters can be waived partially or
entire responsibility.
(3) The Company shall insure transport in waters
responsibilities referred to in paragraph (1)
and
implement
insurance protection
basic
public passenger in accordance with the provisions of
legislation.
Article 42
(1) The Company shall provide transportation on water
special facilities and services for the disabled,
pregnant women, children under the age of 5 (five) years, the
sick, and the elderly.
(2) The provision of special facilities and services as
referred to in paragraph (1) no additional charge.
Article 43
Further provisions on the responsibility of the carrier
Paragraph 3
Special Goods and Transportation of Dangerous Goods
Article 44
Transport of dangerous goods and special goods shall
implemented in accordance with the laws and
invitation.
Article 45. . .
Page 28
- 28 -
Article 45
(1) special items referred to in Article 44
can be:
a. logs ( logs );
b. bulk goods;
c. rail; and
d. livestock.
(2) Items
dangerous
as
referred
in
Article 44 of the form:
a. molten material;
b. solid materials; and
c. gaseous material.
(3) dangerous goods referred to in paragraph (2)
classified as follows:
a. materials or explosive goods ( explosives );
b. compressed gas, liquefied, or dissolved
with pressure ( compressed gases, liquified or
dissolved under pressure );
c. flammable liquids or
burning ( flammable
liquids );
d. materials or goods flammable solid or
burning ( flammable solids );
e. material
or
goods
oxidizing
( oxidizing
substances );
f. materials or goods toxic and infectious ( toxic
and infectious substances );
g. radioactive material or goods ( radioactive material );
h. materials or goods destroyer ( corrosive substances ); and
i. various materials
or
substance
dangerous
Other
( miscellaneous dangerous substances ).
Article 46
Transport
goods
dangerous
and
goods
special
referred to in Article 44 shall meet
requirements:
a. packaging,
buildup,
and
storage
in
port, handling loading and unloading, and stacking
and while in storage vessel;
b. safety. . .
Page 29
- 29 -
b. accordance with the regulations and safety standards, either
nationally and internationally for special ships
transporting dangerous goods; and
c. certain signaling accordance with dangerous goods
transported.
Article 47
The owner, operator, and / or sea freight company agents
transporting dangerous goods and goods
special
shall give notice to the Syahbandar
freighter before special items and / or goods
dangerous arriving at the port.
Article 48
Entity Ports and Port Operator Units
shall provide storage or stacking
dangerous goods and special items
to ensure
safety and smooth flow of traffic of goods in
port and is responsible for the preparation
systems and procedures for handling dangerous goods and
special items at the port.
Article 49
Further provisions on the procedures for transporting
specific goods and dangerous goods is regulated by
Part Ten
Multimodal Transport
Article 50
(1) Transport water can be a part of the
multimodal transport is carried out by the agency
multimodal transport business.
(2) The multimodal freight transport in the waters
carried out under an agreement executed
waters between transport providers and enterprises
multimodal transport and other modes of service providers.
Article 51. . .
Page 30
- 30 -
Article 51
(1) multimodal transportation business entity that
have received special permission to perform transport
Multimodal Government.
(2) Business entity referred to in paragraph (1)
responsible ( liability ) for goods since
receipt of the goods until delivered to the recipient
goods.
Article 52
Implementation of multimodal transport is done by 1
(A) documents issued by the transport providers
multimodal.
Article 53
(1) The responsibility of multimodal transport providers
referred to in Article 51 paragraph (2) shall include
loss or damage caused to the goods
as well as the delay in delivery of the goods.
(2) The responsibility referred to in paragraph (1)
can be excluded in the case of transport providers
Multimodal can prove that he or
agents shall have to implement all feasible
action
for
prevent
occurrence
loss,
damage to the goods, as well as delays in delivery
goods.
(3) The responsibility of multimodal transport providers
referred to in paragraph (1) is limited.
Article 54
Multimodal transport providers must insure
responsibilities.
Article 55
Further provisions on multimodal transport set
Government Regulations.
Part Eleven. . .
Page 31
- 31 -
Part Eleven
Empowerment National Water Transport Industry
Article 56
Development and procurement of marine transport fleet
done in order to empower national transport
national waters and strengthen the shipbuilding industry
conducted a national integrated with support
all relevant sectors.
Article 57
(1) national maritime transport industry Empowerment
referred to in Article 56 shall be carried out
by the Government to:
a. provide facilities financing and taxation;
b. partnerships facilitate long-term contracts
between the owner of the goods and ship owners; and
c. guarantees the availability of fuel
to transport oil in the waters.
(2) Strengthening of the national shipping industry as
referred to in Article 56 shall be carried out by
Government to:
a. establish an integrated regional shipping industry;
b. develop
center
design, research, and
development of the national shipbuilding industry;
c. developing standardization and vessel components
using as many charge
Local and transfer of technology;
d. develop industrial raw materials and components
ship;
e. provides incentives for transportation companies
water
national
build
and / or
refit vessels in domestic and / or the
procuring ships from abroad;
f. build ships in the shipbuilding industry
when the national procurement costs charged
to the state budget or
Local Budget;
g. build. . .
Page 32
- 32 -
g. build ships and funded
beyond
country
with
use
as-
amount of local content and implementation
over
technology; and
h. maintain and repair ship in the industry
national shipping costs
charged
to the state budget or
Local Budget.
Article 58
Further provisions on industrial empowerment
marine transportation and shipping industry retrofitting
regulated by the national government.
Part twelve
Administrative Sanctions
Article 59
(1) Any person who violates the provisions
referred to in Article 8 paragraph (2), Article 9, paragraph (8), Article
28 paragraph (4) or subsection (6), or Article 33 may apply
administrative sanctions:
a. warning;
b. administrative fines;
c. license suspension or freezing of the certificate; or
d. revocation of a license or certificate revocation.
(2) Any person who violates the provisions of Article 11 paragraph (4)
or Article 13 paragraph (6) may be penalized
not be granted administrative services
port.
(3) Further provisions concerning the procedure and the procedure
imposition of administrative sanctions as referred
in paragraph (1) and paragraph (2) is regulated by the
Government.
CHAPTER VI. . .
Page 33
- 33 -
CHAPTER VI
MORTGAGES AND RECEIVABLES-SHIPPING
Precedence
Part One
Mortgage
Article 60
(1) Ships which have been registered in the Register of Ships
Indonesia can be used as collateral debt
mortgage on the ship loading.
(2) The imposition of a mortgage on the ship performed with
Officials mortgage deed by the Applicant and
Behind the Ship Name Registrars in the vessel is registered
and recorded in the Master List of Ship Registration.
(3) Each mortgage deed issued 1 (one) Grosse Deed
Mortgage mortgage given to the recipient.
(4) Grosse Mortgage Deed referred to in paragraph (3)
have the same strength executorial
court decisions that have been gaining strength
law remains.
(5) In the case of Grosse missing mortgage deed can be issued
grosse
deed
substitute
based
determination
court.
Article 61
(1) The ship can be loaded more than 1 (one) mortgage.
(2) Rank each mortgage is determined in accordance
with the date and serial number of the mortgage deed.
Article 62
The transfer of a mortgage from a mortgage recipient to recipient
Another mortgage deed is done by making the transfer
mortgage by the Registrant and Registrar Officials Behind the Name Vessel
where the ship is registered and recorded in the Master List
Vessel Registration.
Article 63. . .
Page 34
- 34 -
Article 63
(1) blacklisting mortgage ( Roya )
conducted by officials
Registrant
and
Registrar
Reverse
Name
Ships above
written request from the recipient mortgage.
(2) If the request referred to in paragraph
(1) filed by the mortgage provider, the request
enclosed with a letter of approval from the write-off
mortgage recipients.
Article 64
Further provisions on the procedure for loading
mortgages are regulated by Regulation of the Minister.
Part Two
Receivables-Sailing the Prior
Article 65
(1) If there is a lawsuit against the secured receivables
the ship, the owner, demise charterer, or operator of a vessel
should prioritize payments receivable-cruise
precedence.
(2) Accounts receivable-cruise
which
precedence
as
referred to in paragraph (1) is as follows:
a. for payment of wages and other payments
the skipper, Ship's Men, and the crew
Other complement of the ship in relation to
their assignment on the ship, including the cost of repatriation
and social insurance contributions to be financed;
b. to pay for the death or mourning
pay for medical expenses for injury body, either
which
occurs on land
nor
The sea
which
directly related to the operation of the ship;
c. for payment of the cost of salvage on the ship;
d. for the cost of shipping ports and other flow-
as well as the cost of pilotage; and
e. for. . .
Page 35
- 35 -
e. to pay for losses incurred by
physical loss or damage caused by
operation of the vessel other than loss or
damage to cargo, containers, and goods
congenital passengers carried on board.
(3) Accounts Receivable-cruise
which
precedence
not
can
charged
above
ship to ensure
suit
referred to in paragraph (2) letter b and e
if such action arising as a result of:
a. damage arising from the transport of oil or
other hazardous materials by sea;
and
b. radioactive material or combination of materials
toxic radioactive materials, explosive or
hazardous materials of nuclear fuel, products,
or radioactive waste.
Article 66
(1) Payment
receivables-cruise
which
precedence
as referred to in Article 65 takes precedence of
receivables pledge, mortgage, and receivables
registered.
(2) The owner, demise charterer, manager or operator of a vessel must
prioritize the payment of the costs incurred
besides
of
payment
receivables-cruise
which
precedence referred to in Article 65.
(3) The cost referred to in subsection (2) in the form:
a. costs arising from the removal of the vessel
drowning or stranded conducted by
Government to guarantee the safety of shipping
or the protection of the maritime environment; and
b. ship repair cost is rightfully shipyard
or dock (right of retention) if at the time of the forced sale
the ship was in dry dock or docks that are
in the territory of Indonesia.
(4) Receivables-cruise
as
set
in
Article 65 has a level of priority in accordance with the
order, unless the cost of claims salvage ship
have arisen prior claim precedes the other,
the cost of salvage becomes priority over receivables-
Other shipping precedence.
CHAPTER VII. . .
Page 36
- 36 -
CHAPTER VII
Port
Part One
National Order of port affairs
Paragraph 1
General
Article 67
(1) National Order of port affairs embodied in
framework of the implementation of a reliable port and
enabled
high,
guarantee
efficiency,
and
have power
competitiveness
global
support
development of national and regional air-Insight
Archipelago.
(2) referred to the National Order of port affairs
in paragraph (1) is a seaport system in
national
which
describe
plan
port based on regional economics, geography,
and comparative advantages of the region, as well as natural conditions.
(3) referred to the National Order of port affairs
in paragraph (1) shall contain:
a. roles, functions, types, and port hierarchy;
b. National Ports Master Plan; and
c. port location.
Paragraph 2
Roles, Functions, Types, and Port Hierarchy
Article 68
Ports have a role as:
a. node in
network
transport
hierarchy;
b. gate economic activity;
c. place over the activities of transport modes;
d. supporting industrial activities and / or trade;
e. place. . .
Page 37
- 37 -
e. place of distribution, production, and cargo consolidation or
goods; and
f. Archipelago embody and state sovereignty.
Article 69
Serves as a port activities:
a. government; and
b. exploitation.
Article 70
(1) port type consists of:
a. seaports; and
b. river and lake ports.
(2) sea ports as referred to in paragraph (1)
letter a has a hierarchy consisting of:
a. The main port;
b. collector port; and
c. feeder port.
Paragraph 3
National Ports Master Plan
Article 71
(1) Plans
Parent
Port
National as
referred to in Article 67 paragraph (3) letter b is
guidance
in
determination
location, construction,
operation,
development
port,
and
preparation of the Port Master Plan.
(2) National Ports Master Plan prepared by
attention:
a. National Spatial Plan, Land Use Plan
Provincial Spatial, Spatial Planning
District / City;
b. potential economic and social development of the region;
c. natural resources; and
d. development of the strategic environment, both nationally
and internationally.
(3) Plan. . .
Page 38
- 38 -
(3) National Port Master Plan includes:
a. national port policy; and
b. plan the location and port hierarchy.
(4) The Minister shall determine the National Port Master Plan
for a period of 20 (twenty) years.
(5) Plan
Parent
Port
National as
referred to in paragraph (4) may be revisited 1 (one)
times within 5 (five) years.
(6) In the event of changes in the strategic environment
disaster with the provisions set
regulation
legislation
Plan
Parent
National Ports can be revisited more than 1
(A) once in 5 (five) years.
Paragraph 4
Location Ports
Article 72
(1) Use of certain land and waters
as the location of the port specified by the Minister in accordance
the National Port Master Plan.
(2) What ports as referred to in paragraph (1)
accompanied by the Port Master Plan and Regional
Working Environment (DLKr) and the Regional Environmental
Interests (DLKp) port.
Article 73
(1) Each
port
compulsory
has a plan
Parent
Port.
(2) Port Master Plan referred to in
paragraph (1) shall be prepared by taking into account:
a. National Ports Master Plan;
b. Provincial Spatial Plan;
c. Spatial Planning District / City;
d. harmony and balance with other activities
related port location;
e. technical feasibility, economical, and environment; and
f. security and safety of vessel traffic.
Article 74. . .
Page 39
- 39 -
Article 74
Article 73 paragraph (1) shall include a plan area designation
land and waters allotment plan.
(2) Plan designation of the land area as
referred
on
paragraph
(1) based
on
criteria
needs:
a. basic facilities; and
b. supporting facilities.
(3) Plan designation of waters as
referred
on
paragraph
(2) based
on
criteria
needs:
a. basic facilities; and
b. supporting facilities.
Article 75
Article 73 paragraph (1) is equipped with the Regional Environment
And the area of interest of the working harbor.
(2) The Regional Working Environment and Regional Environmental
Port interests referred to in
paragraph (1) shall be determined by the geographic coordinates for
guarantee of port activities.
(3) Work Environment Regional ports, comprised of:
a. land area used for activities
basic facilities and support facilities; and
b. waters are used for flow-
cruise, landing places, places fit over between ships,
port basin for berthing requirements and if
ship motion, scouting activities, where improvements
ships, and other activities as needed.
(4) The area of interest is the port
waters outside the port area is the Working Environment
waters used to flow from the cruise-and
to
port,
need
state
emergency,
Long-term port development, placement
dead ship, sailing trials, scouting activities,
facility construction, and maintenance of ships.
(5) Mainland. . .
Page 40
- 40 -
(5) Mainland and / or waters that are designated as
Regional Work Environment and Regional Environmental
Port interests referred to in
paragraph
(1) controlled
by
state
and
be regulated
by
organizers port.
(6) At Work Environment Regional ports that have been
set, the right to manage the land
and / or utilization of waters in accordance with the provisions of
legislation.
Article 76
(1) Port Master Plan and the Regional Environmental
And the area of interest of the working harbor
for seaports determined by:
a. Minister for the main ports and harbors
collector after
have
recommendation of
governors and regents / mayors will suitability
with
system
space
region
province
and
district / city; and
b. governor or regent / mayor to port
feeder.
rivers and lakes to the port specified by
regent / mayor.
Article 77
A certain area on land or in water can
determined by the Minister to be the location that serves as a
port, in accordance with the Spatial Plan
Provincial and Spatial Planning District / City
and
meet the requirements of
worthiness
technical
and
environment.
Article 78
Further provisions on the guidelines and procedures
determination
Plan
Parent
Port
and
Area
Work Environment and area of interest
port is regulated by the government.
Part Two. . .
Page 41
- 41 -
Part Two
Implementation of Activities in Port
Paragraph 1
General
Article 79
Administration and exploitation activities in the harbor
referred to in Article 69 held
coordinated and integrated manner.
Paragraph 2
Government activities in the Port
Article 80
(1) The governments at the port as
referred to in Article 79 include:
a. arrangement
and
guidance, control, and
supervision of port activities;
b. safety and security of shipping; and / or
c. customs;
d. immigration;
e. kekarantinaan.
(2) In addition to the activities in the port administration as
referred to in paragraph (1) there is a government activity
others whose existence is not permanent.
(3) Setting
and
coaching,
control,
and
supervision
activity
port
as
referred to in paragraph (1) letter a carried out by
organizers port.
(4) Function
safety
and
security
cruise
as
referred
on
paragraph
(1) b
carried out by the harbor master.
(5) The function of customs, immigration, and kekarantinaan
referred to in paragraph (1) letter c, d,
and e carried out in accordance with regulations
legislation.
Paragraph 3. . .
Page 42
- 42 -
Paragraph 3
Organizers Ports
Article 81
(1) Operators of ports as defined in
Article 80 paragraph (3) which consists of:
a. Port Authority; or
b. Port Operator Units.
(2) Port Authority as referred to in paragraph (1)
letter a port formed in cultivated
commercially.
(3) referred to the Port Operator Units
paragraph (1) letter b is formed on a port that has not been
commercially cultivated.
in paragraph (3) may be the Unit Operator
Government Ports and Port Operator Units
local governments.
Article 82
(1) Port Authority as referred to in Article
81 paragraph (1) letter a is formed by and responsible
to the Minister.
in Article 81 paragraph (1) letter b is shaped and
responsible to:
a. Minister for
Unit
Organizer
Port
Government; and
b. governor
or
regent / mayor
for
Unit
Organizers Harbour local government.
(3) Port Authority and Port Operator Units
referred to in Article 81 paragraph (1) is formed
to 1 (one) or multiple ports.
(4) Port Authority and Port Operator Units
referred to in paragraph (3) act as
Government representative to make concessions or shape
Other
to
Body
Business
Port
for
exploitation activities in the harbor
set forth in the agreement.
(5) Results. . .
Page 43
- 43 -
(5) Results concessions
obtainable
Authority
Port
referred to in paragraph (4) is
income countries in accordance with the provisions of
legislation.
(6) Port Authority as referred to in Article
81 paragraph (1) letter a in the implementation should
coordinate with local governments.
Article 83
(1) To carry out the functions of regulation and supervision,
control, and supervision of port activities
referred to in Article 80 paragraph (1) letter a
Port Authority has duties and responsibilities
replied:
a. provide land land and waters;
b. provide and maintain the surge barrier,
port basin, groove-cruise, and road networks;
c. provide and maintain means of Navigation Aids-
Shipping;
d. ensure security and order in the port;
e. ensure and maintain environmental sustainability in
ports;
f. prepare Port Master Plan, and the Regional
Environment
Work
and
Area
Environment
Interests of the port;
g. rate determined by the Minister proposes to, above
use of water and / or land, and facilities
port provided by the Government and the services
port held by the Authority
Port
provision
regulation
legislation; and
h. ensure the smooth flow of goods.
(2) In addition to the duties and responsibilities referred
in paragraph (1) Port Authority conducts
provision and / or port service
required by service users who have not
Ports are provided by enterprises.
Article 84. . .
Page 44
- 44 -
Article 84
To carry out the duties and responsibilities as
referred to in Article 83 of the Port Authority has
authority:
a. regulate and oversee land use and land
harbor waters;
b. oversee the use of the Regional Working Environment and
Area of interest of the port;
c. regulate vessel traffic outside the entrance to the harbor
through pilotage; and
d. define operational performance standards services
port.
Article 85
Port Authority and Port Operator Units
referred to in Article 81 paragraph (1) given the right
management of land and water use in accordance
with the provisions of the legislation.
Article 86
Officials of the Port Authority and Port Operator Units
are civil servants who have the ability
and competence in the field of port in accordance with the
defined criteria.
Article 87
Port Operator Units referred to in
Article 81 paragraph (1) letter b has duties and responsibilities
replied:
a. provide and maintain the surge barrier, an
ports, and flow-cruise;
b. provide and maintain means of Navigation Aids-
Shipping;
c. ensure security and order in the port;
d. preserve the environment at the port;
e. compiled. . .
Page 45
- 45 -
e. prepare Port Master Plan, and the Regional
ports;
f. ensure the smooth flow of goods; and
g. providing port facilities.
Article 88
(1) In favor of a free trade area can
held its own port.
(2) Operation of the port as described in
paragraph (1) shall be conducted in accordance with the provisions of
legislation in the field of trade area
free.
(3) Implementation
safety functions
and
security
cruise at the port referred to in
paragraph (1) shall be implemented in accordance with the provisions of the
This Act.
Article 89
Further provisions concerning the Port Authority and Units
Organizer
Port
be regulated
with
Regulation
Government.
Paragraph 4
Exploitation activities at the Port
Article 90
(1) Activity
cultivation
The port
consists of
supply and / or service port and
services associated with the port.
(2) Provision and / or port service
referred to in paragraph (1) includes the provision of
and / or services vessels, passengers and goods.
(3) Provision and / or services ships, passengers,
and goods referred to in paragraph (2) consists
above:
a. provision and / or services for the dock
Tethered;
b. provision. . .
Page 46
- 46 -
b. provision and / or refueling services
fuel and water services;
c. supply and / or service facilities up and down
passengers and / or vehicles;
d. provision and / or services for the dock
implementation of loading and unloading goods and crates
Boxed;
e. provision and / or services and warehousing services
stockpiles of goods, loading and unloading equipment, as well as
port equipment;
f. provision and / or services container terminal
containers, liquid bulk, dry bulk, and Ro-Ro;
g. provision and / or unloading services
goods;
h. supply and / or distribution and service centers
consolidation of goods; and / or
i. provision and / or delay services
ship.
(4) Activities related to port services as
referred
on
paragraph
(1) includes
activity
which
support smooth operations and provide value
added to the port.
Article 91
(1) Activity
provision
and / or
service
service
port referred to in Article 90
paragraph (1) on the harbor cultivated
commercial enterprises undertaken by the Port
according to the type of its business license.
(2) The concession made by the Business Entity
Port referred to in paragraph (1) may
performed for more than one terminal.
(3) Activity
provision
and / or
service
service
port referred to in Article 90
paragraph (1) on the harbor that has not cultivated
commercially implemented
by
Unit
Organizer
Port.
(4) In. . .
Page 47
- 47 -
(4) In certain circumstances, terminal and port facilities
Other
on
port
which
cultivated
Unit
Ports can be carried out by the organizers of the Agency
Ports venture agreement.
(5) The activities related to port services as
referred to in Article 90 paragraph (1) may be made by
an individual who is a citizen of Indonesia and / or
business entity.
Article 92
Providing and / or port service
implemented by the Port Enterprises as
referred to in Article 91 paragraph (1) shall be based
concessions or other forms of the Port Authority, which
set forth in the agreement.
Paragraph 5
Entity Ports
Article 93
Port Entity referred to in Article
92 acts as the operator which operates the terminal
and other port facilities.
Article 94
In
implement
activity
provision
and / or
port service referred to in
Article 90 paragraph (1) Port Entity shall:
a. provide
and
maintain
worthiness
facilities
ports;
b. providing services to service users port
accordance with the service standards set by the
Government;
c. maintain the security, safety, and order the
port facilities operated;
d. participate in maintaining the safety, security, and order the
regarding transport in the waters;
e. preserve the environment;
f. meet. . .
Page 48
- 48 -
f. obligations in accordance with the concession in
agreement; and
g. comply with legislation, good
nationally and internationally.
Article 95
Further provisions regarding Port Enterprises
Paragraph 6
Development and Operation of Ports
Article 96
(1) Development seaports held by
permission from:
gatherers; and
feeder.
(2) construction of a sea port as intended
in paragraph (1) shall meet the technical requirements
port,
preservation
environment,
and
notice
integration
intra-and
inter-
transportation.
Article 97
(1) sea port can only be operated after completion
constructed and meet the operational requirements and
obtaining permission.
(2) Permission operate sea ports is given by:
gatherers; and
feeder.
Article 98
(1) Development of rivers and lakes harbor compulsory
obtain permission from the regent / mayor.
(2) Development. . .
Page 49
- 49 -
(2) Development of river and lake ports, as
referred to in paragraph (1) shall be based
requirements
technical
port,
preservation
environment, with attention to the integration of intra-
and intermodal transport.
(3) Port of rivers and lakes can only be operated
after construction is completed and meets the requirements
operations and obtain permission.
(4) Permit operate the port of rivers and lakes
given by the regent / mayor.
Article 99
Further provisions on the licensing and development
operation
port
be regulated
with
Regulation
Government.
Paragraph 7
Compensation Responsibility
Article 100
(1) An individual citizen of Indonesia and / or
business entity carrying out activities in the harbor
be liable to compensate for any
damage to buildings and / or port facility
caused by its activities.
(2) The owner and / or operator of the vessel is responsible
to compensate for any damage to
building and / or port facilities caused
by ship.
(3) To ensure the implementation of the responsibility for change
losses referred to in paragraph (1) owner
and / or operator of the ship which is engaged in
ports are required to provide a guarantee.
Article 101
(1) Port Entity responsible for
loss of service users or other third parties as
error in the operation of the port.
(2) Users. . .
Page 50
- 50 -
(2) The service user port or a third party as
referred to in paragraph (1) has the right to press charges
compensation.
Part Three
Special Terminals and Terminal
for Self Interests
Article 102
(1) To support certain activities outside the Region
port can be built dedicated terminal.
(2) To support certain activities within the Region
port terminals can be built for the benefit of
itself.
Article 103
Special terminals referred to in Article 102
subsection (1):
a. determined to be part of the nearest port;
b. required to have Regional and Local Work Environment
Of particular interest environment; and
c. placed government agencies that implement
shipping safety and security functions, as well as
agencies carrying out government functions in accordance
needs.
Article 104
(1) Terminal
special
as
referred
in
Article 102 paragraph (1) may only be constructed and
operated in terms of:
a. port
nearest
not
can accommodate
The principal activities; and
b. based on economic and technical considerations
operations will be more effective and efficient as well as more
ensure the safety and security of shipping
if build and operate the terminal
special.
(2) To. . .
Page 51
- 51 -
(2) To build and operate a dedicated terminal
referred to in paragraph (1) shall be met
port technical requirements, safety and
shipping security, and environmental sustainability with
permission of the Minister.
(3) Permission granted for the operation of the special terminal
maximum period of 5 (five) years and may
extended for meeting the requirements based on
This Act.
Article 105
Specifically prohibited terminals used for the benefit
common except in an emergency with the permission of the Minister.
Article 106
Special terminal that has not operated in accordance
with permits that have been granted may be submitted to
Government or restored its original state or
proposed to change its status to a special terminal
to support the efforts of other subjects or be
port.
Article 107
(1) Terminal as referred to in Article
106 were submitted to the Government to change
status
into port
after
meet
requirements:
a. accordance with the National Ports Master Plan;
b. economically and technically feasible operational;
c. forming or establishing Enterprises Port;
d. got a concession from the Port Authority;
e. security, order, and safety of navigation;
and
f. environmental sustainability.
(2) In. . .
Page 52
- 52 -
(2) In the case of a special terminal changed status to
port, land soil and / or water facilities
retaining waves, pools port, groove-cruise,
and Means of Navigation Aids-Sailing-controlled and
owned by the manager of the special terminal
referred to in paragraph (1) be submitted and controlled by
state.
Article 108
Further provisions on special terminals and
change in status is regulated by a special terminal
Government.
Part Four
Tariffing
Article 109
Each port service rates apply appropriate
with the services provided.
Article 110
(1) Rates associated with the use of water and / or
land and port services were held
by the Port Authority established by the Authority
Port after consultation with the Minister.
(2) Rates of port services afforded by Agency
Business
Port
set
by
Body
Business
Port based on the type, structure, and group rates
set by the Government and is
Enterprise revenue port.
(3) The service rates
port
for port
which
not cultivated commercially by the Government
Government Regulation and is
Non-Tax Revenues.
(4) The service rates
port
for port
which
arranged by the government and the provincial government
district / city stipulated by the Regional
and a reception area.
Part Five. . .
Page 53
- 53 -
Part Five
Opened Ports for Foreign Trade
Article 111
(1) Activity
port
for
support
smoothness
trade open to foreign trade
carried out by the main port.
(2) Determination of the port referred to in paragraph
(1) be based on the following considerations:
a. growth and development of the national economy;
b. interests of international trade;
c. transportation capability development interests
national sea;
d. geographical position lies in the cruise track
international;
e. National Order of port affairs;
f. port facilities;
g. security and sovereignty of the state; and
h. other national interests.
(3) certain specific terminal can be used to
perform activities of foreign trade.
(4) certain special terminal as described in
paragraph (2) shall meet the following requirements:
a. administrative aspects;
b. economic aspects;
c. aspects of safety and security of shipping;
d. technical aspects of port facilities;
e. office facilities and equipment support for agencies
holder
safety functions
and
security
shipping, customs agencies, immigration, and quarantine;
and
f. specific commodities.
(5) Ports and terminals specifically open to
foreign trade determined by the Minister.
Article 112. . .
Page 54
- 54 -
Article 112
referred to in Article 111 paragraph (4) shall be liable
administrative sanctions in the form of administrative fines.
imposition of administrative sanctions as well as the amount of fine
administrative referred to in paragraph (1) shall
Article 113
Further provisions on ports and terminals
specifically open to foreign trade set
Part Six
Role of Local Government
Article 114
The role of ports as referred to in Article 68
done for the benefit of government
areas.
Article 115
(1) Efforts
for
provide
benefit
as
referred
in
Article 114
government
area
have a role, duties, and authority as follows:
a. encourage the development of regional trade,
industrial area, and the center of economic activity
other;
b. keep an eye on ensuring environmental sustainability in
ports;
c. participate
guarantee
safety
and
security
ports;
d. provide and maintain the infrastructure
connect
port
with
region
trade, industrial areas, and center activities
other economies;
e. fostering. . .
Page 55
- 55 -
e. fostering communities around the harbor and
facilitate communities in the region to be
participate positively to the implementation of
ports;
f. provide the charge at the information center
region;
g. provide building permits on the mainland side;
and
h. provide recommendations in determining the location
ports and specialized terminals.
(2) If the local government can not implement
or abusing the role, duties, and authority,
The government took over the role, duties, and authority
appropriate
with
provision
regulation
legislation
invitation.
CHAPTER VIII
SAFETY AND SECURITY SHIPPING
Part One
General
Article 116
(1) Safety
and
security
cruise
cover
transport safety and security in the waters,
port, as well as protection of the maritime environment.
(2) The safety and security of shipping
referred to in paragraph (1) shall be implemented by
Government.
Part Two
Safety and Security Transport Water
Article 117
(1) Safety and security of marine transportation is
condition requirements are met:
a. kelaiklautan ship; and
b. navigational.
(2) Kelaiklautan. . .
Page 56
- 56 -
(2) Kelaiklautan ship referred to in paragraph (1)
a shall be met every ship in accordance with the
area-voyage that includes:
a. safety of the ship;
b. prevention of pollution from ships;
c. manning of ships;
d. lines and the loading and unloading of ships;
e. Crew welfare and health of passengers;
f. the legal status of the vessel;
g. safety management and pollution prevention
of the ship; and
h. vessel safety management.
(3) Compliance
each
requirements
kelaiklautan
ship
referred to in paragraph (1) shall be evidenced by
certificate and letter of the ship.
Article 118
Navigational referred to in Article 117 paragraph (1)
letter b consists of:
a. Means of Navigation Aids-Sailing;
b. Telecommunications-cruise;
c. hydrography and meteorology;
d. groove and crossings;
e. dredging and reclamation;
f. pilotage;
g. framework handling vessel; and
h. salvage and underwater works.
Article 119
(1) To ensure the safety and security of transport
waters referred to in Article 117 paragraph (1)
Government
do
planning,
procurement,
operation, maintenance, and supervision of Means
Shipping and Navigation Aids-Telecommunication-Sailing
accordance with international regulations, and establish
shipping and marine-groove waveguide.
(2) To ensure the security and safety of Means
Shipping and Navigation Aids-Telecommunication-Sailing,
Government
set
zone
security
and
safety around the building installation.
Part Three. . .
Page 57
- 57 -
Part Three
Safety and Port Security
Article 120
Development and operation of ports do
with due regard to safety and security
vessels operating in the port, loading and unloading of goods,
and up and down the passenger as well as safety and security
port.
Article 121
Safety
and
security
port
namely
condition
fulfillment
management
safety
and
system
securing port facilities include:
a. port facility security procedures;
b. port facilities and infrastructure security;
c. communication systems; and
d. The security personnel.
Article 122
Each operation of ships and ports shall meet
safety and security requirements and protection
maritime environment.
Part Four
Maritime Environmental Protection
Article 123
Protection of the maritime environment, namely the fulfillment of conditions
procedures and requirements for the prevention and control
pollution from activities:
a. port;
b. operation of the ship;
c. transport of waste, hazardous materials, and toxic in
waters;
d. disposal of waste waters; and
e. penutuhan ship.
CHAPTER IX. . .
Page 58
- 58 -
CHAPTER IX
KELAIKLAUTAN SHIP
Part One
Ship Safety
Article 124
(1) Every procurement, construction, and workmanship ship
including its equipment and operation of ships in
water
Indonesia
should
safety of the ship.
(2) The requirements referred to ship safety
in paragraph (1) include:
a. material;
b. construction;
c. buildings;
d. and electrical machinery;
e. stability;
f. system
arrangement
and
equipment
including
helper tools and radio equipment; and
g. ship electronics.
Article 125
(1) Prior to the construction and workmanship vessels including
equipment, the owner or shipyard shall
make calculations and design drawings and
completeness of data.
(2) Construction of a ship or workmanship
overhaul should be in accordance with the design drawings
wake up and the data that has been approved by the
Minister.
(3) Supervision of construction and workmanship
overhaul of the ship made by the Minister.
Article 126
(1) Ship
which
stated
meet
requirements
safety boat safety certificate given by
Minister.
(2) Certificate. . .
Page 59
- 59 -
(2) The certificate referred to in subsection safety
(1) consists of:
a. passenger ship safety certificate;
b. cargo ship safety certificate; and
c. airworthiness certificate and manning of fishing vessels
fish.
(3) Safety of the vessel is determined through examination and
testing.
(4) To the ship that has obtained a certificate
referred to in paragraph (1) shall viewing
continuously until the boat is not used anymore.
(5) The inspection and testing and inspection, as
referred to in paragraph (3) and paragraph (4) shall be made by
government official who is authorized and has
competence.
Article 127
(1) does not apply if the vessel certificate:
a. validity period has ended;
b. not
implement
inauguration
certificate
( endorsement );
c. damaged ship
and
stated
not
meet
vessel safety requirements;
d. ship changed its name;
e. ship changed its flag;
f. ship no longer in accordance with the technical data in
ship safety certificate;
g. recast the lead ship
changes in ship construction, changes in size
The main ship, change the function or type of vessel;
h. ships sunk or lost; or
i. ditutuh ship ( scrapping ).
(2) Certificate of ship be canceled if:
a. description of vessel used in the document
for the issuance of a certificate does not correspond
with the actual situation;
b. ship no longer meets the safety requirements
ship; or
c. certificate obtained illegally.
(3) Provisions. . .
Page 60
- 60 -
(3) Further provisions on the procedure for cancellation
certificate referred to in subsection (2) shall
Regulation of the Minister.
Article 128
(1) The skipper
and / or
Child
Fruit
Ship
should
inform the Audit Officer Safety
Know that the condition of the ship when the ship or
part of the ship, did not meet the requirements
safety of the ship.
(2) The owners, ship operators, and shall assist the skipper
implementation of inspection and testing.
Article 129
(1) Ship based on the type and size of certain mandatory
classified on the body for the purposes of classification
vessel safety requirements.
(2) The classification of a foreign national or entity classification
recognized can be designated to implement checks
and
examination
against
ship to
meet
(3) Recognition
and
appointment
body
classification
referred to in paragraph (2) is done by
Minister.
(4) Agency designated classifications referred
in paragraph (2) shall report its activities to the
Minister.
Article 130
(1) Each vessel which obtained the certificate as
referred to in Article 126 paragraph (1) shall be maintained
that still meet the safety requirements
ship.
(2) Maintenance of the ship referred to in paragraph (1)
performed regularly and at any time.
(3) In certain circumstances the Minister may give
partial exemption requirements set
with due regard to the safety of the ship.
Article 131. . .
Page 61
- 61 -
Article 131
(1) Vessel in accordance with the type, size, and region-
voyage shall be fitted with equipment
navigation and / or navigation electronics ship
meet the requirements.
voyage
compulsory
equipped with
device
and radio communication apparatus which meets
requirements.
Article 132
voyage
compulsory
equipped with
equipment
meteorologists who meet the requirements.
(2) The ship referred to in paragraph (1) shall
deliver weather information in accordance with the provisions of
legislation.
(3) The skipper who was sailing and aware of
bad weather endanger the safety of sailing
shall distribute to other parties and / or
other Government agencies.
Article 133
Further provisions on the procedure for ratification
image
and
supervision
development
ships, as well as
inspection and certification of the safety of the ship is set to
Part Two
Prevention of Pollution from Ships
Article 134
(1) All vessels operating in Indonesian waters must
meet the requirements of prevention and control
pollution.
(2) Prevention and control of pollution is determined
through inspection and testing.
(3) Vessel. . .
Page 62
- 62 -
(3) Vessel
which
stated
meet
requirements
prevention and control of pollution given
certificate prevention and control of pollution by
Minister.
(4) Further provisions on the prevention of pollution
of ships is regulated by the Minister.
Part Three
Ship manning
Article 135
Every ship shall be manned by a crew of ship that meets
qualification and competence requirements in accordance with
national and international provisions.
Article 136
(1) The master and the Ship's Men for flagged vessels
Indonesia should be Indonesian citizens.
(2) Exceptions to the provisions referred to
in paragraph (1) may be licensed in accordance with
Article 137
(1) The skipper of a boat the size of the GT 35 (thirty
five Gross Tonnage ) or more
have the authority
establishment
law
and
responsible
answer
above
safety, security, and order ships, sailors,
and cargo.
(2) The master of the motor vessel size is less than the GT 35
(Thirty-five Gross Tonnage ) and for ships
Traditional measures less than the GT 105 (one hundred and five
Gross Tonnage ) with simple construction
sailing in confined waters is responsible for
safety, security and order ships, sailors,
and cargo.
(3) The skipper is not responsible for the validity of
document or material truth boatload.
(4) Helmsman. . .
Page 63
- 63 -
(4) The master shall reject and notify the
authorized agencies know if the charge
not transported in accordance with the cargo documents.
(5) In addition to the authority referred to in paragraph (1)
The skipper of a boat the size of the GT 35 (thirty
five Gross Tonnage ) or more
given task and
special authority, namely:
a. make a record of each birth;
b. make a record of every death; and
c. witnessed and recorded wills.
(6) The skipper shall meet the educational requirements,
training,
capability,
and
skills
and
health.
Article 138
(1) The master shall be in the boat during sailing.
(2) Before the ship sailed, the skipper shall ensure
that
ship
already
meet
requirements
kelaiklautan and reported the matter to
Syahbandar.
(3) The skipper reserves the right to refuse to sail his ship
determine if the vessel does not meet the
requirements referred to in paragraph (2).
(4) Owner
or
operator
mandatory ship
provide
freedom to the skipper to carry out
obligations in accordance with the laws and
invitation.
Article 139
To the rescue action, the skipper is entitled to deviate
from a predetermined route and take action
Other necessary.
Article 140
(1) In terms of the size of the boat skipper for the GT 35
(Thirty-five Gross Tonnage ) or more on duty
The ship was sailing for a while or for
so not able to carry out the task, the first propagator
and substituting the following ports
The skipper held disinggahinya replacement.
(2) If. . .
Page 64
- 64 -
(2) If the propagator I referred to in paragraph (1)
not able to replace the skipper as
referred to in paragraph (1), the other highest propagator
in accordance with sijil replacing positions and on
port
following
which
disinggahinya
held
replacement skipper.
(3) In the case referred to the replacement skipper
in paragraph (1) and (2) due to obstruction
while, the replacement does not transfer authority
and
bear
answer
Skipper
to
substitute
temporary.
(4) If the vessel is absent throughout the propagator
replacing skipper referred to in
paragraph (1), substitute skipper appointed by the board of the ship.
(5) In the case referred to the replacement skipper
in paragraph (1) due to fixed obstruction, skipper
temporary replacement has the authority and
responsibilities as set out in Article 137
paragraph (1) and paragraph (3).
Article 141
five Gross Tonnage ) or more and the skipper to ship
passengers, shall convene a logbook.
five Gross Tonnage ) or more shall report book
ship daily to the government authorities
and / or at the request of the authorities to
show
book
daily
ship
and / or
provide a copy.
(3) logbook referred to in subsection (1)
can be used as evidence in court.
Article 142
(1) Ship's Men are obliged to obey the command of skipper
precise and meticulous and barred from leaving the ship without
The skipper license.
(2) In. . .
Page 65
- 65 -
(2) If the Ship's Men know that the command
not received in accordance with the provisions of the
valid, then is entitled to sue
to government authorities.
Article 143
(1) The skipper authorized to disciplinary action over
offenses committed each Ship's Men
are:
a. The skipper left the ship without permission;
b. not return to the ship in time;
c. not perform the task well;
d. refuse orders for deployment;
e. disorderly behavior; and / or
f. behave not feasible.
(2) The provisions referred to in paragraph
(1) carried out in accordance with the laws and
invitation.
Article 144
(1) During the boat trip, the skipper can take
action against any person who unlawfully
were on board.
(2) if the skipper take action and / or
which
there is
inside
will ship
harm
Crew and vessel safety.
(3) Measures
as
referred
on
paragraph
(1)
implemented
provision
regulation
legislation.
Article 145
It is forbidden to employ someone on board
in any positions without disijil and without having
competencies and skills as well as documents sailor
as required.
Article 146
Further provisions on penyijilan, manning
ships, and sailors documents governed by the Regulation of the Minister.
Part Four. . .
Page 66
- 66 -
Part Four
Ship Load line and Loading
Article 147
(1) Every ship must sail set line
muatnya in accordance with the requirements.
(2) The load line ship stated in the Certificate
Load line.
(3) In every ship in accordance with the type and size
Load lines must be installed permanently Marka appropriate
with area-voyage.
Article 148
(1) Each vessel in accordance with the type and size must be
be equipped
with
information
stability
for
allows the skipper to make all the circumstances
proper loading of the vessel at any condition.
(2) Procedures for handling, placement, and compaction
cargo and ballast arrangements must meet
Article 149
(1) Each container to be used as
part of the conveyance shall meet the requirements
airworthiness container.
(2) Procedures for handling, placement, and compaction crate
boxed
and
arrangement
reply
should
meet
Article 150
Further provisions on the lines and the loading and unloading
regulated by the Regulation of the Minister.
Part Five. . .
Page 67
- 67 -
Part Five
Crew Welfare
Health and Passengers
Article 151
(1) Each Crew entitled to welfare
which include:
a. salary;
b. hours of work and rest;
c. assurance of departure to the destination and
return to place of origin;
d. compensation if the vessel can not operate
due to an accident;
e. opportunity to develop a career;
f. the provision of accommodation, recreational facilities, food
or beverages; and
g. maintenance
and
treatment
health
and
provision of workplace accident insurance.
(2) Welfare work referred to in paragraph (1)
stated in the employment agreement between the Crew
the owner or operator of a vessel in accordance with the
legislation.
Article 152
(1) Every vessel shall transport passengers
provide health facilities for passengers.
(2) health facilities as referred to in paragraph (1)
include:
a. room treatment or care;
b. medical equipment and medicines; and
c. medical personnel.
Article 153
Further provisions regarding employment agreements and
requirements set by the passenger health facilities
Part Six. . .
Page 68
- 68 -
Part Six
Legal Status of Ships
Article 154
The legal status of the ship can be determined after a process of:
a. measuring vessel;
b. registration of the vessel; and
c. determination of nationality of the ship.
Article 155
(1) Each vessel must be done before operation
measurement
by
official
government
which
be given
authorized by the Minister.
(2) Measurement of the ship referred to in paragraph (1)
can be done according to three (3) methods, namely:
a. measurement
in
country to
ship
a length of less than 24 (twenty four)
meters;
b. measurement
international
for
ship
which
a length of 24 (twenty four) meters or
over; and
c. special measures for ships going through
particular waterway.
(3) Based on the measurements referred to in
paragraph (1) Measurement Letter issued to ships with
the size of the gross tonnage of at least GT 7 (seven
Gross Tonnage ).
(4) Measure the letter referred to in paragraph (3)
issued by the Minister and may be delegated to
appointed officials.
Article 156
(1) In ships which have been measured and got the letter Measure
Signs shall be installed Selar.
(2) Signs Selar must remain installed in the ship with either
and easy to read.
Article 157. . .
Page 69
- 69 -
Article 157
(1) The owner, operator of the vessel, or the skipper must immediately
report in writing to the Minister in the event of
overhaul of the ship that caused the data changes
existing in its Measure.
(2) In the event of changes to the data referred
in paragraph (1), repeated measurements should ship soon
performed.
Article 158
(1) Ships which have been measured and got the letter to Measure
registered in Indonesia by the owner to the Officer
Registrant and Registrars Behind the Ship Name
determined by the Minister.
(2) Vessels may be registered in Indonesia, namely:
a. ship to size gross tonnage at GT least seven (7 Gross Tonnage );
b. ship owned by Indonesian citizens or entities
law established under the laws of Indonesia
and domiciled in Indonesia; and
c. ship owned by joint venture Indonesian corporation which is majority-owned
by Indonesian citizen.
(3) The registration of ships is done by deed
registration and recorded in Indonesian ship list.
(4) As evidence of the vessel has been registered, the owner
given grosse vessel registration certificate that serves
as well as evidence of title to the vessel which has
listed.
(5) In ships which have been registered shall be installed Alerts
Registration.
Article 159
(1) The registration of ships is done in a specified
by the Minister.
(2) The vessel owner is free to choose one place
registration of the ship referred to in paragraph (1)
to register the boat.
Article 160. . .
Page 70
- 70 -
Article 160
(1) Ship prohibited registered if at the same time
the ship is registered in the other enrollment.
(2) a foreign vessel to be registered in Indonesia should
comes with a certificate of removal from
country of origin flag ship.
Article 161
(1) Grosse vessel registration certificate that is damaged, lost, or
destroyed can be given grosse new deed as
replacement.
(2) Grosse replacement certificate referred to in paragraph
(1) can only be provided by the applicants and officials
recording under the name of the ship where the ship is registered
determination by the district court.
Article 162
(1) The transfer of title to the vessel shall be done with
how to return the name of the ship in its original place
registered.
(2) Behind the name referred to in paragraph (1)
executed a deed behind the name and
recorded in the master list of the ship concerned.
(3) As evidence of a transfer of ownership rights
vessel to the new owner is given grosse deed
Behind the name of the ship.
Article 163
(1) The ship is registered in Indonesia and seagoing
Nationality Certificate awarded by the Indonesian Ship
Minister.
(2) Certificate of Nationality Ship Indonesia as
referred to in paragraph (1) is given in the form:
a. Letters to the ship Sea sized GT 175 (one hundred
seventy-five Gross Tonnage ) or more;
b. Pas. . .
Page 71
- 71 -
b. Great fit for the boat-sized GT 7 (seven Gross
Tonnage ) up to a size of less than 175 GT
(One hundred and seventy-five Gross Tonnage ); or
c. Small fitting for boats measuring less than GT 7
(Seven Gross Tonnage ).
(3) The ship that just sailed on the waters of rivers and lakes
given fitting rivers and lakes.
Article 164
Ship of state can be given Certificate of Nationality Ship
Indonesia.
Article 165
(1) The ship shall hoist the Indonesian nationals
Indonesian national flag as a sign of the ship.
(2) Ship Indonesian nationals who are not prohibited
flap
flag
Indonesia
as
sign
nationality.
Article 166
(1) Every ship sailing in the waters of Indonesia should
shows clearly the identity of the ship.
(2) Any foreign vessel entering the port, during
were in port and will depart from the port in
Indonesia should fly the flag of Indonesia, except
flag nationality.
Article 167
Ships nationals
Indonesia
prohibited
flap
Another state flag as a sign of nationality.
Article 168
Further provisions on the procedure for the measurement and
publishing
letter
measuring, layout
way, requirements, and
vessel registration documentation, as well as procedures and
Nationality Certificate issuance requirements set Ship
Part Seven. . .
Page 72
- 72 -
Part Seven
Safety Management and Pollution Prevention
of Ships
Article 169
(1) The owner or operator of a vessel that operates the ship
for certain types and sizes must meet
requirements of safety management and prevention
pollution from ships.
(2) The ship meets the requirements management
safety and prevention of pollution from ships
referred to in paragraph (1) be certified.
(3) Certificate of safety management and prevention
pollution from ships referred to in paragraph
(2)
form
Document
Adaptation
Management
Safety ( Document of Compliance / DOC) to
Companies and Safety Management Certificate
( Safety Management Certificate / SMC) for the vessel.
(4) Certificate
as
referred
on
paragraph
(3)
issued after an external audit by officials
government agencies that have the competence or the
duly authorized by the Government.
(5) Safety Management Certificate and Prevention
Pollution issued by officials appointed by the
Minister.
(6) Further provisions on audit procedures and
publishing
certificate
management
safety
and
prevention of pollution from ships is regulated by
Part Eight
Ship Security Management
Article 170
(1) The owner or operator of a vessel that operates the ship
to a certain size must meet the requirements
vessel safety management.
(2) The ship meets the requirements management
ship security as described in paragraph (1)
given a certificate.
(3) Certificate. . .
Page 73
- 73 -
(3) Ship Safety Management Certificate as
referred to in paragraph (2) in the form of Security Certificates
Ship
International
(International
Ship
Security
Certificate / ISSC).
(4) Certificate
as
referred
on
paragraph
(3)
issued after an external audit by officials
government agencies that have the competence or the
duly authorized by the Government.
(5) Ship Safety Management Certificate issued by
authorities designated by the Minister.
(6) Further provisions on audit procedures and
vessel safety management certificate issuance set
Part Nine
Article 171
referred to in Article 125 paragraph (1), Article 129 paragraph (1)
or paragraph (4), Article 130 paragraph (1), Article 132 paragraph (1) or
paragraph (2), Article 137 paragraph (1) or subsection (2), Article 138 paragraph
(1) or subsection (2), Article 141 paragraph (1) or subsection (2), Article
152 paragraph (1), Article 156 (1), Article 160 paragraph (1), Article
162 paragraph (1), or Article 165 paragraph (1) shall be liable
administrative, such as:
a. warning;
c. license suspension or freezing of the certificate;
d. revocation of a license or revocation of the certificate;
e. not granted certificate; or
f. Sailing is not granted Letter of Approval.
(2) Officials
government
which
break
provision
referred to in Article 126 paragraph (5)
administrative sanction in accordance with the provisions
legislation in the field of personnel.
in paragraph (1) and paragraph (2) is regulated by the
Government.
CHAPTER X. . .
Page 74
- 74 -
CHAPTER X
Navigational
Part One
Means of Navigation Aids-Sailing
Article 172
(1) The Government
responsible
answer
for
maintain
safety
and
security
cruise
with
Means of Navigation Aids hold-Sailing
accordance with technological developments.
(2) In addition to maintaining the safety and security
voyage as referred to in paragraph (1) Means
Navigation aids-Shipping can also be used
for certain other interests.
(3) Implementation
Means
Help
Navigation-Sailing
referred to in paragraph (1) shall meet
requirements and standards in accordance with the provisions of
legislation.
(4) In certain circumstances, the provision of Auxiliary Facilities
Jump-cruise as part of the implementation
referred to in paragraph (2) can be implemented
by business entities.
(5) Means of Navigation Aids-Sailing held by
entities referred to in paragraph (4)
supervised by the Government.
(6) Business entity referred to in paragraph (4) shall:
a. nurture and care for Navigation-Aid Means
Shipping;
b. ensure reliable Means Navigation Aids-Sailing
with established standards; and
c. report to the Minister on the operation
Means of Navigation Aids-Sailing.
Article 173
Auxiliary Facilities Operation Jump-Shipping implemented
by
officer
which
health,
education, and skills as evidenced by
certificate.
Article 174. . .
Page 75
- 75 -
Article 174
It is forbidden to destroy or take any action
any malfunction resulting Auxiliary Means
Shipping and Navigation-flow-shipping facilities at sea,
rivers, and lakes.
Article 175
(1) The owner and / or
vessel operators are responsible
on any damage Means Navigation Aids-Sailing
and barriers in the sea, rivers, and lakes
caused by the operation of the ship.
(2) Responsibility of owner and / or operator of a vessel
referred to in paragraph (1) in the form of obligations
to promptly repair or replace that
The facilities continue to function as before.
(3) Repair and replacement as described in
paragraph (2) shall be conducted within a time limit of sixty (60) days
calendar since the damage occurred.
Article 176
(1) The ship is sailing in the waters of Indonesia is charged
Means use the Help Navigate-Sailing
a tax state revenue.
(2) The cost of utilization Means Navigation Aids-Sailing
not subject to state and ship a particular vessel.
Article 177
Further provisions on the implementation of Means
Help
Navigation-Sailing
be regulated
with
Regulation
Government.
Part Two
Telecommunication-Sailing
Article 178
(1) The Government shall maintain the safety and security
shipping by organizing Telecommunications-
The cruise line with the development of information and
technology.
(2) Implementation. . .
Page 76
- 76 -
(2) Implementation
system
referred to in paragraph (1) shall meet
requirements and standards in accordance with the provisions of
legislation.
(3) Procurement Telecommunications-cruise as part of a
implementation as described in paragraph (2)
can be implemented by a business entity.
(4) Telecommunications-The cruise is held by the agency
business referred to in paragraph (3) supervised by
Government.
(5) Business entity referred to in paragraph (3) shall:
a. nurture and care for Telecommunications-cruise;
b. guarantee
reliability
with established standards; and
c. report to the Minister on the operation
Telecommunication-Sailing.
Article 179
Operation is carried out by the Telecommunication-Sailing
officers who meet the requirements of health, education,
and skills as evidenced by a certificate.
Article 180
It is forbidden to destroy or take any action
any malfunction resulting in Telecommunications-
Groove-cruise and shipping facility at sea, river, and
lake.
Article 181
(1) The owner and / or
vessel operators are responsible
any damage on the Shipping and Telecommunication
barriers in the sea, rivers and lakes caused
by the operation of the ship.
(2) The responsibility of the owner and / or operator of a vessel
referred to in paragraph (1) in the form of obligations
to promptly repair or replace that
The facilities continue to function as before.
(3) Repair. .
Page 77
- 77 -
(3) Repair and replacement as described in
paragraph (2) shall be conducted within a time limit of sixty (60) days
calendar since the damage occurred.
Article 182
(1) The ship is sailing in the waters of Indonesia is charged
Shipping Telecommunications-use which is
Non-Tax Revenues.
(2) Telecommunications-use fee charged Sailing
for the entire ship.
Article 183
(1) The Government shall provide communication services
distress, immediate communication, and safety and
broadcast standard time signature.
(2) Further provisions on communications services
distress, immediate communication, and safety and
broadcast standard time signals as described in
subsection (1) is regulated by the government.
Article 184
Provision
more
continue
about
management
be regulated
with
Regulation
Government.
Part Three
Hydrography and Meteorology
Article 185
The government carried out hydrographic surveys and mapping
to update the data on manual-cruise,
marine maps, and map the flow-cruise rivers and lakes.
Article 186
(1) The Government shall provide meteorological services
include, among others:
a. providing information on weather conditions and
marine and forecasts;
b. calibration. . .
Page 78
- 78 -
b. equipment calibration and certification of observations
weather on the ship; and
c. technical guidance to weather observations at sea
Crew particular to support data input
meteorology.
(2) Further provisions concerning the meteorological services
referred to in paragraph (1) shall be
government regulations.
Part Four
Groove and crossing
Article 187
(1) Flow and crossings consist of:
a. groove-cruise on the sea; and
b. groove-cruise rivers and lakes.
(2) Flow-voyage referred to in paragraph (1)
included in the map of the sea and guide-
cruise
and
announced
by
agencies
authorities.
(3) In the flow of the river and lake cruise-defined criteria
flow classification.
(4) Determination of flow-classification criteria and river cruise
lake is done by taking into account suggestions and
technical considerations of the relevant Minister.
Article 188
(1) Implementation
groove-cruise
implemented
by
Government.
(2) A business company can be included in most
implementation of flow-shipping.
(3) For the implementation of flow-shipping as
referred to in paragraph (1) The Government shall:
a. set flow-cruise;
b. establish these systems;
c. establish procedures for traffic; and
d. area anchoring the vessel set in accordance with
interests.
Article 189. . .
Page 79
- 79 -
Article 189
(1) To build and maintain flow-shipping and
Other interests dredging work done
to meet the technical requirements.
(2) The technical requirements referred to in paragraph (1)
include:
a. safety sailing;
b. environmental sustainability;
c. marine spatial planning; and
d. irrigation system to work in rivers and lakes.
Article 190
(1) In the interest of safety and the smooth sailing
on certain waters, the Government set the system
These include:
a. traffic separation schemes in the sea;
b. These two directions;
c. These outline recommended;
d. These deep water;
e. area to be avoided;
f. inland traffic areas; and
g. vigilance area.
(2) Determination of the system referred to in paragraph
(1) based on:
a. groove-cruise conditions; and
b. consideration of traffic density.
(3) the system referred to in paragraph (1) shall
included in the map of the sea and guide-
cruise
and
announced
by
agency
which
authorities.
Article 191
Traffic ordinances in waters carried by
Article 192
Each flow-shipping must be accompanied by Auxiliary Means
Shipping and Navigation-Telecommunication-Sailing.
Article 193. . .
Page 80
- 80 -
Article 193
(1) During the sailing skipper shall comply with the provisions of
relating to:
a. traffic ordinances;
b. groove-cruise;
c. These systems;
d. local cruise-ship traffic; and
e. Means of Navigation Aids-Sailing.
(2) The skipper who
sailing in the waters of Indonesia on
certain areas are required to report all information
through the Coastal Radio Stations (SROP) nearby.
Article 194
(1) The Government shall establish Indonesian archipelagic sea lanes
and procedures for its use for crossing the
are ongoing, direct, and immediate for
foreign ships through Indonesian waters.
(2) Determination of Indonesian archipelagic sea lanes as
referred
on
paragraph
(1)
do
with
attention:
a. national security;
b. safety sailing;
c. exploration and exploitation of natural resources;
d. network cable and seabed pipelines;
e. conservation of natural resources and the environment;
f. These are typically used for shipping
international;
g. marine spatial planning; and
h. recommendations of international organizations competent.
(3) All foreign ships using sea lanes
The Indonesian archipelago in the voyage should not be
deviate except in an emergency.
(4) The Government oversees foreign ship traffic
across the Indonesian archipelagic sea lanes.
(5) The Government shall determine the location of Means of Navigation Aids-
Cruise
and
for
monitoring the traffic of foreign vessels
that through Indonesian archipelagic sea lanes.
Article 195. . .
Page 81
- 81 -
Article 195
For
interest
safety
sail
The waters
Indonesia:
a. Governments should adopt and announce zone
security and safety zones at each location
activities that may interfere with the safety of sailing;
b. each build, move, and / or unload
buildings or installations must meet the requirements
safety and getting permission from the government;
c. any buildings or installations referred to in point b,
that are not used shall be demolished by the owner
construction or installation;
d. dismantling referred to in letter c
implemented
with
provision
which
apply
and
reported to the Government to be announced; and
e. owner or operator shall build buildings
or installations referred to in point c shall
guarantees.
Article 196
determination of flow and crossings is regulated by the
Government.
Part Five
Dredging and Reclamation
Article 197
(1) To
interest
safety
and
security
shipping, design and dredging work-
shipping and port basin, as well as mandatory reclamation
Government permission.
(2) Work
dredging
groove-cruise
and
pond
port and reclamation carried out by the company
who has the ability and competence and
evidenced by a certificate issued by the
competent authority in accordance with the provisions of
legislation.
(3) Provisions. . .
Page 82
- 82 -
(3) Further provisions on the design and work
-shipping channel dredging, harbor pools, and
reclamation and certification executing the work set
Part Six
Scouting
Article 198
(1) For the purposes of safety and security of sailing,
and
smoothness
pass
cross
The waters
and
port, the Government set a certain waters
the waters shall waveguides and waveguide waters outside
usual.
(2) Every ship shall sail in the waters of the waveguides and
water
scout
beyond
ordinary
use
service
scouting.
(3) The implementation of pilotage carried out by the Authority
Unit Operator port or harbor and can
delegated to the Port Business Entity
meet the requirements.
(4) The implementation of pilotage as intended
in paragraph (3) free of charge.
(5) If the Government has not provided services in the waveguide
waters shall waveguides and waveguide waters outstanding,
management
and
operation
scouting
can
delegated to a special terminal manager
meet the requirements and obtain permission from
Government.
(6) The cost of pilotage as referred to in paragraph (4)
waived for:
a. warships; and
b. ship
state
which
be used
for
task
government.
Article 199
(1) Officers Scout must fulfill requirements of health,
skills, as well as education and training
evidenced by a certificate.
(2) Officers. . .
Page 83
- 83 -
(2) Scout Officers referred to in paragraph (1)
required to perform their duties according to the standards
safety and security of shipping.
(3) guiding the ship does not diminish the authority
and the responsibility of the skipper.
Article 200
Business specific terminal or harbor Enterprises
manage and operate pilotage, shall pay
percentage of revenue derived from the pilotage services
to the government as tax state revenue.
Article 201
Further provisions on the determination of water waveguide,
requirements
and
qualification
officer
waveguides,
and
management
scouting
be regulated
with
Regulation
Minister.
Part Seven
Ships Framework
Article 202
(1) The vessel owner and / or skipper shall report
frame of the ship which is in the waters of Indonesia
to relevant authorities.
(2) Framework ships as referred to in paragraph (1)
which interfere with the safety sailing position, should
Means of Navigation-Aid was given as a mark of Shipping
and announced by the relevant authorities.
Article 203
(1) The vessel owner shall get rid of the skeleton ship
and / or cargo that disrupt the safety and
shipping security maximum of 180 (one hundred and eighty
thirty) calendar days after the ship sank.
(2) Government. . .
Page 84
- 84 -
(2) The Government shall appoint, remove, or
destroy all or part of the framework
ship and / or cargo at the expense of the owner if
within the time limits set by the Government, the owner
not carrying out the responsibilities and obligations
referred to in paragraph (1).
(3) The owner of the vessel who fails to perform the obligations under
deadline set by the Government as
referred to in paragraph (1), which causes
shipping accidents, shall pay
damages to the accident.
(4) The Government shall appoint and control the frame
ship and / or cargo is not known
owner within the specified time.
(5) In order to guarantee the obligations referred to in
paragraph
(1) and
paragraph
(2)
pemillik
mandatory ship
insuring the ship.
(6) Provisions
more
continue
on the procedure
way
and
appointment requirements framework vessel and / or
payload is set by regulation.
Part Eight
Salvage and Underwater Works
Article 204
(1) The activity of the salvage vessel made to the framework
and / or cargo is injured or
drowned.
(2) Each activity salvage and underwater works must
obtain permits and meet the technical requirements
safety and security of shipping from the Minister.
Article 205
salvage and underwater work is regulated by the
Minister.
Part Nine. . .
Page 85
- 85 -
Part Nine
Article 206
referred to in Article 172 paragraph (6), Article 178 paragraph (5),
Article 193 paragraph (2), Article 198 paragraph (2), or Article 200
subject to administrative sanctions, such as:
a. warning;
b. license suspension or freezing of the certificate; or
c. revocation of a license or certificate revocation.
in paragraph (1) is regulated by the government.
CHAPTER XI
Syahbandar
Part One
Functions, Duties, and Authority Syahbandar
Article 207
(1) Syahbandar implement safety functions and
security of shipping which includes, implementation,
supervision and enforcement in the field of transport
in
waters,
port,
and
protection
maritime environment on the harbor.
(2) In addition to carrying out the functions referred to in
paragraph (1) Syahbandar help implement search
and rescue ( Search and Rescue / SAR) in the port
appropriate
with
provision
regulation
legislation
invitation.
(3) Syahbandar. . .
Page 86
- 86 -
(3) harbor master appointed by the Minister after fulfilling
competency requirements in the areas of safety and
security of shipping and kesyahbandaran.
Article 208
(1) In carrying out the functions of safety and security
Harbormaster has the task:
a. oversee kelaiklautan
ship,
safety,
security and order in the port;
b. oversee orderly ship traffic in the waters
and flow-shipping port;
c. supervise the activities fit over the harbor waters;
d. supervise the activities of salvage and underwater works;
e. supervise the activities of ship delays;
f. oversee scouting;
g. supervise the loading and unloading of dangerous goods and
hazardous and toxic waste;
h. supervise refueling;
i. embarkation and disembarkation oversee order
passengers;
j. supervise dredging and reclamation;
k. oversee
activity
development
facilities
ports;
l. carrying out search and rescue assistance;
m. lead
prevention
contamination
and
fire fighting at the port; and
n. oversee the implementation of environmental protection
maritime.
(2) In carrying out law enforcement
safety and security as referred
in Article 207 paragraph (1) Syahbandar implement
official duties as Civil Servant in accordance
Article 209. . .
Page 87
- 87 -
Article 209
In
implement
function and
task
as
referred to in Article 207 and Article 208 Syahbandar
has the authority:
a. coordinate all government activities in
ports;
b. examine and store letters, documents, and news
ship;
c. issuing approval ships in port activities;
d. conduct inspection of ships;
e. Letter of Approval issued a Sail ;
f. examine the shipwreck;
g. detain the ship by order of the court; and
h. implement sijil Crew.
Article 210
(1) To carry out the functions of safety and security
voyage as referred to in Article 207 paragraph
(1) established institutional Syahbandar.
(2) Provisions
more
continue
about
formation
Syahbandar institutions referred to in
subsection (1) is regulated by the government.
Part Two
Coordination of Government Activities
The Port
Article 211
(1) Syahbandar
have
authority
top
implement
coordination
activity
customs,
immigration, kekarantinaan, and institutional activities
other governments.
(2) Coordination
which
implemented
by
Syahbandar
referred to in paragraph (1) in order
supervision
and
establishment
law
in the field
safety and security of shipping .
Article 212. . .
Page 88
- 88 -
Article 212
(1) In carrying out security and order in
port
appropriate
with
provision
convention
international, Syahbandar act as committee
Security port (Port Security Committee).
(2) In carrying out the functions referred to in
paragraph (1) may request assistance to Syahbandar
Indonesian National Police and / or the National Army
Indonesia.
(3) Assistance in port security and order
referred to in paragraph (1) under the coordination
the authority of the harbor master.
(4) Further provisions on the procedure for the implementation of
security and order and request assistance in
port referred to in paragraph (1) and
paragraph (2) is regulated by the government.
Part Three
Inspection and Storage Letter,
Documents , and News Shipbuilding
Article 213
(1) The owner, operator
Ship, or
Skipper
compulsory
announce the arrival of the ship in port
to the harbor master.
(2) Each
ship
entering the port
compulsory
submit letters, documents, and news to the ship
Syahbandar ship immediately upon arrival at the port
for examination.
(3) After examination as referred
in paragraph (2) letters, documents, and newsletters are stored aboard
by the harbor master to be returned at the same
Sailing with the issuance of the Letter of Approval.
(4) Further provisions concerning notification procedures
the arrival of the ship, inspection, delivery, and
storage
letters, documents, and
news
ship
referred to in paragraph (1), paragraph (2), and paragraph
(3) is regulated by the Minister.
Article 214. . .
Page 89
- 89 -
Article 214
The skipper must fill out, sign, and submit
ship to Syahbandar based news format
has been determined by the Minister.
Article 215
Every ship entering the port, while in
port, and at the time of leaving
port shall
comply with and carry out instructions as well as
Syahbandar order to smooth the vessel traffic and
activities at the port.
Part Four
Approval Activities Ships in Port
Article 216
(1) Ship repair activities, experiments
sailing, and unloading activities at the pool over the harbor,
delay, and the loading and unloading of dangerous goods shall be
the approval of the harbor master.
(2) Activity salvage , underwater works, filling materials
fuel, dredging, reclamation,
and
development
port must be reported to the harbor master.
(3) Further provisions on the procedure for obtaining
approval and reporting as described in
paragraph (1) and paragraph (2) is regulated by the Minister.
Part Five
Vessel Inspection
Article 217
Harbormaster is authorized to conduct examinations kelaiklautan
and security of ships in port.
Article 218
(1) In
state
particular, Syahbandar
authorized
do
examination
kelaiklautan
ship and
Indonesian flagged vessel safety in the harbor.
(2) Syahbandar. . .
Page 90
- 90 -
(2) Syahbandar
authorized
do
examination
kelaiklautan and foreign ships in port security
appropriate
with
provision
regulation
legislation
invitation.
(3) Further provisions on the procedure for the examination
ship referred to in paragraph (1) and paragraph (2)
Part Six
Sailing Approval Letter
Article 219
(1) Every vessel shall have sailed Letter
Sailing approval issued by the harbor master.
(2) Letter Agreement does not apply if the ship sailing
within 24 (twenty four) hours, after
approval is given sailing, the ship does not depart from
port.
(3) Sailing Approval Letter as referred to in
subsection (1) is not given on the ship or revoked if
provisions referred to in Article 44, Article
117 paragraph (2), Article 125 paragraph (2), Article 130 paragraph (1), Article
134 paragraph (1), Article 135, Article 149 paragraph (2), Article 169 paragraph
(1), Article 213 paragraph (2), or Article 215 violated.
(4) Syahbandar can delay the ship's departure for
sail
because
not
meet
requirements
kelaiklautan ship or weather considerations.
(5) Provisions
on the procedure
way
publishing
Letter
Sailing approval referred to in paragraph
(1) is regulated by the Minister.
Part Seven
Preliminary Ship Accident
Article 220
(1) Syahbandar conduct an examination of each
boat crash to search for information and / or
preliminary evidence for the occurrence of shipwrecks.
(2) Examination. . .
Page 91
- 91 -
(2) Examination of the shipwreck as intended
in paragraph (1) a preliminary examination.
Article 221
(1) Preliminary Examination-flagged ship accident
Indonesia in Indonesian waters is done by
Harbormaster or appointed government officials.
(2) Preliminary Examination-flagged ship accident
Indonesian Indonesian waters carried out by
Harbormaster or appointed government officials
after
receive
report
accident
ship of
Representatives of the Government of the Republic of Indonesia and / or from
local government officials in charge.
(3) The results of the preliminary ship accident
as
referred
in
Article 220
can
be continued
to
Court
Cruise
for
further investigation.
Part Eight
Ship Detention
Article 222
(1) can only hold Syahbandar ship in harbor
written by order of the court.
(2) Detention
ship
based
command
written
court referred to in paragraph (1) may
made based on reasons:
a. vessel concerned in connection with proceedings
criminal; or
b. vessel concerned in connection with proceedings
civil.
Article 223
(1) The order of the containment vessel by the court in the case
a civil claim through the shipping is done without
the lawsuit.
(2) Further provisions on detention procedures
ship at the port referred to in paragraph (1)
Part Nine. . .
Page 92
- 92 -
Part Nine
Sijil Crew
Article 224
(1) Every person who worked on the ship in any positions
must have competence, documents sailors, and
disijil by the harbor master.
(2) Crew Sijil referred to in paragraph (1)
performed with the following phases:
a. the signing of the employment agreement made sea
by sailors and sea transport companies known
by Syahbandar; and
b. by signing the employment agreement the sea,
The skipper enter the name and job title Crew
accordance with their competence in the book sijil
passed by the harbor master.
Part Ten
Article 225
referred to in Article 213 paragraph (1) or subsection (2), Article
214, or Section 215 imposed administrative sanctions,
the form:
a. warning;
b. license suspension or freezing of the certificate; or
c. license revocation.
CHAPTER XII. . .
Page 93
- 93 -
CHAPTER XII
MARITIME ENVIRONMENT PROTECTION
Part One
Organizers of the Maritime Environmental Protection
Article 226
(1) Implementation
protection
environment
maritime
carried out by the Government.
(2) Implementation
protection
environment
maritime
referred to in paragraph (1) is done through:
a. prevention and control of pollution from
operation of the ship; and
b. prevention and control of pollution from
port activities.
(3) In addition to the prevention and control as
referred to in paragraph (2) protection of the maritime environment
also carried out on:
a. disposal of waste waters; and
b. penutuhan ship.
Part Two
Prevention and Control of Pollution
Operation of Ships
Article 227
Each Crew shall prevent and tackle
environmental pollution originating from
ship.
Article 228
(1) Ship with
type
and
size
certain
which
operated shall be equipped with equipment and materials
prevention of oil pollution from ships
approved by the Government.
(2) Ship. . .
Page 94
- 94 -
(2) Ship with
type
and
size
certain
which
operated shall be equipped response pattern
contamination
oil
of ship
have
endorsement of the Government.
Article 229
(1) Every ship shall be prohibited from disposal of waste,
ballast water, sewage, garbage, and hazardous chemicals
and toxic to aquatic.
(2) In the case of distance disposal, disposal volume, and
effluent quality in compliance with the requirements
stipulated in the laws and
invitation, the provisions in paragraph (1) may be excluded.
(3) All vessels are prohibited from issuing flue gas exceeds
appropriate threshold
with the provisions of
legislation.
Article 230
(1) The master or person in charge of each unit of activity
other aquatic responsible Cope
pollution from ships and / or
activities.
(2) The master or person in charge of each unit of activity
other waters shall immediately report to the
Nearest harbor master and / or other elements of the government
nearest the water pollution
caused by a ship or sourced from
activities, when seen any contamination of
ship, and / or other activities in the waters.
(3) Elements Other Government has received information
referred to in paragraph (2) shall continue
reports of water pollution to
Syahbandar
nearest
or
to
institutions
authorities.
(4) Syahbandar immediately forward the report as
referred to in paragraph (3) to the competent institution
for further treatment.
Article 231. . .
Page 95
- 95 -
Article 231
(1) The owner or operator of a vessel is responsible for
pollution from ships.
(2) In order to fulfill the responsibilities referred
in paragraph (1) the owner or operator of a vessel shall
insuring responsibilities.
Article 232
Provision
more
continue
about
prevention
and
prevention of pollution due to the operation of ships
Article 233
(1) Transportation of hazardous and toxic waste
must pay attention to the specifications of the ship ship
for the transport of waste.
(2) vessel specifications referred to in paragraph (1)
and procedures for the transportation of hazardous materials and waste
toxic shall meet the requirements set
by the Minister.
(3) The ship is transporting hazardous materials and waste
toxic shall have operational standards and procedures
emergency response in accordance with the provisions of
legislation.
Part Three
Prevention and Control of Pollution
of port affairs Activity
Article 234
Port operation shall meet the requirements for
prevention of pollution from
activities at the port.
Article 235. . .
Page 96
- 96 -
Article 235
(1) Each port shall meet the requirements of the equipment
pollution prevention in accordance with the magnitude and
types of activities.
(2) Each port shall meet the material requirements
pollution prevention in accordance with the magnitude and
types of activities.
(3) Port Authority shall have standards and procedures
penanggulan pollution emergency response.
Article 236
Port Authority, the Port Operator Units, Agency
Port businesses, and managing special terminal shall
overcome
contamination
which
result
by
port operation.
Article 237
(1) In order to accommodate waste from ships in
port, the Port Authority, the Operator Unit
Ports, Port Enterprise and business
Special Terminal
compulsory
and
responsible
answer
waste storage facilities.
(2) Management of waste management is conducted in accordance
(3) Transportation
waste
to
place
collection,
processing, and
extermination
end
implemented
based on conditions set by the Minister
responsible in the environmental field.
Article 238
Provision
more
continue
about
prevention
and
prevention of pollution at the port is set to
Part Four. . .
Page 97
- 97 -
Part Four
Waste Disposal in Waters
Article 239
(1) Disposal of waste in waters can only be done
at specific locations determined by the Minister and
meet certain requirements.
(2) Disposal of waste as referred to in paragraph
(1) shall be reported to the institution and the task
function in the field of marine and coastal preservation .
Article 240
Further provisions regarding the disposal of waste in
waters is regulated by the government.
Part Five
Ships Penutuhan
Article 241
(1) Penutuhan
ship
compulsory
meet
requirements
protection of the maritime environment.
(2) Location penutuhan ship referred to in
subsection (1) is determined by the Minister.
Article 242
Maritime environmental protection requirements for activities
penutuhan vessels referred to in Article 241
Part Six
Article 243
referred to in Article 230 paragraph (2), Article 233 paragraph (3),
Article 234, Article 235 or Article 239 paragraph (2) shall be
administrative sanctions:
a. warning;
c. freezing. . .
Page 98
- 98 -
c. license suspension; or
d. license revocation.
CHAPTER XIII
SHIP ACCIDENT AND SEARCH AND HELP
Part One
Ship Against Danger
Article 244
(1) The danger to the vessel and / or the person is
incident
which
can
cause
endangerment
ship safety and / or the human soul.
(2) Every person who knew of the incident as
referred to in paragraph (1) shall immediately undertake efforts
prevention, search and rescue and report
incident to the authorities or the nearest
other.
(3) The master shall take action to prevent and
dissemination
news
to
party
other
when
knowing in his ship, another ship, or the presence of the
in danger.
(4) The skipper
compulsory
report
hazard
as
referred to in paragraph (3) to:
a. Nearest port harbor master when danger occurs
in Indonesian waters; or
b. Indonesian Representative nearest official and
local government officials who authorized
when danger occurs outside the territorial waters
Indonesia.
Part Two. . .
Page 99
- 99 -
Part Two
Shipwreck
Article 245
Vessel accidents are events experienced by
ships that can threaten the safety of the vessel and / or
human soul in the form of:
a. the ship sank;
b. ship on fire;
c. ship collision; and
d. ship aground.
Article 246
In the event of an accident the ship as intended
in Article 245 of each person who was on board the
know accidents happen within its means
should provide aid and accident reporting
is the skipper and / or Ship's Men.
Article 247
The skipper who knows his ship or boat accident
others shall take countermeasures, ask
and / or provide assistance, and disseminate
news of the accident to the other party.
Article 248
The skipper who knows his ship or boat accident
Another must report to:
a. Syahbandar nearest port where a ship wreck
occurring within the territorial waters of Indonesia; or
b. Indonesian Representative nearest official and
local government officials who authorized
ship when the accident occurred outside the territorial waters
Indonesia.
Article 249
Vessel accidents referred to in Article 245
constitute
bear
answer
Skipper
unless it can be
proved otherwise.
Part Three. . .
Page 100
- 100 -
Part Three
Court Sailing
Article 250
(1) Court Cruise
formed by and is
accountable to the Minister.
(2) The cruise Court has the organizational structure and
work procedures stipulated by regulation.
Article 251
Court Sailing
referred to in
Article 250 has a function to carry out the examination
continued over a ship wreck and enforce a code of ethics
profession and the competency skipper and / or ship's officer
after
do
examination
preliminary
by
Syahbandar.
Article 252
Court has the authority to examine collision Shipping
occurs between the merchant vessel with a commercial vessel, commercial vessel
the ship of state, and the merchant vessel with warships.
Article 253
(1) In carrying out further investigation of accidents
ship as
referred
in
Article 251
Court Shipping charge:
a. examine the causes of accidents and determine ship there
or absence of errors or omissions in
application of professional standards kepelautan conducted
by the skipper and / or upon the occurrence of ship officers
ship accidents; and
b. recommend
to
Minister
about
the imposition of administrative sanctions for any errors or
negligence committed by the skipper and / or
ship officers.
(2) The administrative sanctions referred to in paragraph (1)
letter b in the form of:
a. warning; or
b. Skills Certificate revocation while Sailors.
Article 254. . .
Page 101
- 101 -
Article 254
(1) In a follow-up examination can cruise Court
invited government officials in the field of safety
and security of shipping and other related parties.
(2) In a follow-up inspection, the owner or operator
required to bring the vessel skipper and / or Child Fruit
Ship.
(3) The owner or operator of a vessel who violates the provisions of
referred to in paragraph (2), shall be liable
the form:
a. warning;
b. license suspension; or
Article 255
Further provisions on the functions, powers, and
Court duty Shipping and ordinances and procedures
the imposition of administrative sanctions is regulated by the
Government.
Part Four
Ship Accident Investigation
Article 256
(1) The investigation conducted by the Committee boat accident
The National Transportation Safety to look for the facts
to prevent accidents with ships
the same cause.
(2) Investigation as
referred
on
paragraph
(1)
carried out on each vessel accidents.
(3) Investigations
do
by
Committee
National
Transportation Safety referred to in
subsection (1) is not to determine guilt or
negligence on the boat accident.
Article 257. . .
Page 102
- 102 -
Article 257
Further provisions on the duties of the National Committee
Transportation safety and inspection procedures and
vessel accident investigation is regulated by the
Government.
Part Five
Search and Rescue
Article 258
(1) The Government shall be responsible for carrying out a search
and help to wreck the ship and / or
the unfortunate people in Indonesian waters.
(2) The ship or aircraft that is near or
across the crash site, shall assist the business
search and rescue to any vessel
and / or the person who suffered the disaster in waters
Indonesia.
(3) Any person who owns or operates the vessel
who crashed ship, responsible
carry out search and rescue to
boat crash.
Article 259
The responsibility of the implementation of the search and rescue by
The Government referred to in Article 258 paragraph (1)
coordinated
and
do
by
institutions
responsible for search and rescue.
Article 260
Further provisions on search and rescue
CHAPTER XIV. . .
Page 103
- 103 -
CHAPTER XIV
HUMAN RESOURCES
Article 261
(1) Implementation
and
development
source
power
man executed in shipping
destination
availability
source
power
human
which
professional, competent, disciplined, and responsible
as well as national and international standards.
(2) Implementation
and
development
source
power
man referred to in paragraph (1) include
planning, research and development, education
and training, placement, labor market development,
and expanding business opportunities.
(3) Implementation
and
development
source
power
man referred to in paragraph (1) shall
against government officials and the public.
(4) Human resources in the fields of shipping as
referred to in paragraph (1) include:
a. human resources in the field of transport in the waters;
b. human resources in the field of port;
c. human resources in the field of safety and
security of shipping; and
d. human resources in the field of protection
maritime environment.
Article 262
(1) Education
and
training
in the field
cruise
hosted by the Government, local government,
or society through formal education and
nonformal.
(2) Line of formal education as described in
paragraph (1) shall be in education
secondary and higher education in accordance with the provisions of
legislation.
(3) Line
education
a non-formal
institution
training centers in the form of education and training in
field of shipping.
Article 263. . .
Page 104
- 104 -
Article 263
(1) Education
and
training
in the field
cruise
is the responsibility of the Government, fostering
made by the Minister and the minister responsible
responsibilities in accordance with the national education
authority.
(2) The Government
and
government
area
directing,
guiding,
supervise,
and
help
providing education and training in the field
cruise
appropriate
with
provision
regulation
legislation.
(3) Society responsible to support
power in education and training
cruise.
Article 264
(1) Education and training of human resources in
shipping areas referred to in Article
261 paragraph (2) are arranged in a model of education and
training set by the Minister.
(2) The model of education and training as referred
in paragraph (1) shall at least contain:
a. types and levels of education and training;
b. participant education and training;
c. the rights and obligations of education and training;
d. curriculum and methods of education and training;
e. educators and trainers;
f. infrastructure and facilities for education and training;
g. standardization
management
education
and
training;
h. financing of education and training; and
i. control and supervision of the education
and training.
Article 265
Government and local governments must provide
service and convenience and ensure the implementation of
education and training in the field of quality shipping
for every citizen without discrimination.
Article 266. . .
Page 105
- 105 -
Article 266
(1) The Company shall provide transportation on the waters
ships sailing in the practice facility to improve
quality of human resources in the field of transport
waters.
(2) Company
transport
The waters, the Agency
Business
Port, and related agencies are required to provide
practice facilities at the port or at the location of activity
to improve the quality of human resources in
field of shipping.
(3) transport company in the waters, organizations, and agencies
businesses benefit for services profession
sailor must contribute to support
availability of reliable sailors.
(4) Contributions as described in paragraph (3) in the form:
a. provide scholarships;
b. establish educational institutions in accordance with
international standards;
c. working with educational institutions
there; and / or
d. held device simulator, textbooks,
and cutting-edge maritime publications.
Article 267
Any person violating the provisions
referred to in Article 266 paragraph (1) or subsection (3) shall be
administrative sanctions, such as:
a. warning;
c. license suspension; or
d. license revocation.
Article 268
Further provisions on the implementation and
development of human resources, processes and procedures
the imposition of administrative sanctions, as well as the amount of fine
administratively regulated by Government Regulation.
CHAPTER XV. . .
Page 106
- 106 -
CHAPTER XV
SHIPPING INFORMATION SYSTEM
Article 269
(1) The information system includes the cruise collection,
processing, analyzing, storing, serving,
and dissemination of data and shipping information to:
a. support cruise operations;
b. improve services to the public or
public; and
c. support
formulation
wisdom
in the field
cruise.
(2) The information system as described in cruise
paragraph (1) held by the Government and government
areas.
(3) The local government organized information system
shipping in accordance with its authority by
guidelines and standards set by the Government.
Article 270
The system as set forth in the shipping information
Article 269 include:
a. information system on water transport at least
includes:
1) business and transport activity in the waters;
2) a fleet of space ships and national capacities;
3) cargo ships and cargo ships share the national;
4) efforts and activities related to transport services in
waters; and
5) transportation route in the waters.
b. port information system shall at least contain:
1) the depth of the groove and the port basin;
2) the capacity and condition of the port facility;
3) the flow of containers, goods, and passengers at the port;
4) the flow of boat traffic in the harbor;
5) the performance of the port;
6) the terminal operator at the port;
7) fare. . .
Page 107
- 107 -
7) rates of port services; and
8) Plan
Parent
Port
and / or
plan
port development.
c. system safety and security of shipping information
at least contain:
1) wind conditions, currents, waves, and tides;
2) capacity
Means
Help
Navigation-cruise,
Telecommunications-cruise, as well as flow and crossings;
3) countries in the field of ship safety and security
shipping;
4) human resources kepelautan field;
5) a list of Indonesian-flagged vessels;
6) skeleton ship in Indonesian waters;
7) boat accident; and
8) vessel traffic in the waters.
d. maritime environmental protection information system most
at least contain:
1) the existence of a building under water (submarine cables and pipelines
sea);
2) waste disposal sites; and
3) the location of the ship penutuhan.
e. human resource information systems and the role of the
society in the field of shipping at least:
1) the number and competence of human resources in the field
shipping; and
2) policy issued by the Government in the field of
cruise.
Article 271
Management
system
shipping information
do
to build and develop a network of information
effectively, efficiently, and integrated involving the
Related
with
utilize
development
technology
information and communication.
Article 272
(1) Any person conducting activities in the field
shipping shall submit data and information
activities to the government and / or government
areas.
(2) Government. . .
Page 108
- 108 -
(2) The Government and / or local governments do
updating data and information
shipping is
periodically to generate data and information that
accordance with the requirements, accurate, current, and can be
accounted for.
(3) Data and shipping information are documented and
published and can be accessed and used by
people who need to utilize
information and communication technology.
(4) management of information systems shipping by the Government
and local governments can be done through work
together with other parties.
(5) Further provisions on the procedures for submission
and management information systems arranged shipping
Article 273
referred to in Article 272 paragraph (1) may apply
administrative sanctions, such as:
a. warning;
b. license suspension; or
imposition of administrative sanctions as well as the amount of fine
administrative referred to in paragraph (1) shall
CHAPTER XVI
COMMUNITY PARTICIPATION
Article 274
(1) In order to improve the operation of the cruise
optimally communities have the opportunity
equal and wide as possible to participate in
shipping activities.
(2) Role. . .
Page 109
- 109 -
(2) The role of the community as described in
paragraph (1) in the form:
a. monitor and maintain order administration
shipping activities;
b. provide input
to
Government
in
improvement of regulations, guidelines, and standards
technical in shipping;
c. provide input to the government, the government
areas in order to develop, implementation,
and cruise control;
d. expression and consideration to
official
which
authorized
against
activity
management
activity
cruise
which
result in significant impacts on the environment;
and / or
e. implement the class action against activities
cruise disturbing, harmful, and / or
harm the public interest.
(3) The Government shall consider and follow up
the input, opinions, and consideration
submitted by the public as intended
in paragraph (2) letter b, c, and d.
(4) In carrying out the role as well as intended
in paragraph (2) the public share responsibility
maintain order and safety and security
cruise.
Article 275
(1) The role of the community as defined in
Article 274 paragraph (2) individuals can do,
groups, professional organizations, agencies
business, or
other community organizations in accordance with the principle
openness and partnership.
(2) Further provisions on public participation
referred to in paragraph (1) shall be
CHAPTER XVII. . .
Page 110
- 110 -
CHAPTER XVII
MARINE AND COASTAL custody
(SEA AND COAST GUARD)
Article 276
(1) To ensure the implementation of safety and
sea security guard executed functions and
enforcement of laws and regulations in the sea and
beach.
(2) The functions referred to in paragraph (1)
carried by the sea and the coast guard.
(3) the sea and the coast guard as described in
subsection (2) is formed and is responsible to the President
operational and technically implemented by the Minister.
Article 277
(1) In carrying out the functions referred to
in Article 276 paragraph (1) of the sea and the coast guard
performing the task:
a. oversight of safety and security
shipping;
b. do
supervision,
prevention,
and
prevention of pollution at sea;
c. surveillance and control activities and traffic
ship;
d. supervision
and
demolition
activity
Salvage ,
underwater work, as well as the exploration and exploitation
marine resources;
e. Means of securing Navigation Aids-Sailing; and
f. support the implementation of the search and
lifeline in the sea.
(2) In carrying out the functions referred to
in Article 276 paragraph (1) of the sea and the coast guard
coordinating for:
a. formulate and establish general policies
law enforcement in the sea;
b. compiled. . .
Page 111
- 111 -
b. develop policies and standard operating procedures
marine law enforcement in an integrated manner;
c. surveillance activities, surveillance, prevention and
law enforcement and security breaches
shipping and security community activities and
Government in Indonesian waters; and
d. provide technical support in the field of administration
marine law enforcement in an integrated manner.
Article 278
(1) In carrying out the tasks referred
in Article 277, the sea and the coast guard has
authority to:
a. carry out sea patrols;
b. chase immediately ( hot pursuit );
c. remove and inspect ships at sea; and
d. conduct an investigation.
(2) In
implement
authority
as
referred to in paragraph (1) letter d sea and coast guard
Investigators carrying out official duties as an employee
Civil suit
provision
regulation
legislation.
(3) Further provisions concerning the authority of the guard
the sea and the beach is regulated by the government.
Article 279
(1) In order to carry out their duties and the marine guard
beach as referred to in Article 277 is supported
by infrastructure such as base guard fleets sea
and beaches are located in all parts of Indonesia,
and be able to use ships and aircraft
status as a state vessel or aircraft
state.
(2) the sea and the coast guard required to have qualifications and
competence
appropriate
with
provision
regulation
legislation.
(3) Implementation. . .
Page 112
- 112 -
(3) Implementation of care and law enforcement in the sea
by the sea and the coast guard as intended
in paragraph (1) shall use and show
clear identity.
(4) Further provisions regarding the identity of the marine guard
and the beach is regulated by the government.
Article 280
Surveillance and enforcement officers in the field
who do not use the cruise and show
clear identity as referred to in Article 279
paragraph (3) shall conform to the
provision
regulation
legislation
in the field
staffing.
Article 281
Provision
more
continue
on the formation
and
organization and administration of the sea and the coast guard as
referred to in Article 276 is regulated by the
Government.
CHAPTER XVIII
INVESTIGATION
Article 282
(1) In addition to investigating police officers of the Republic of Indonesia
and other investigators, civil service officials
certain agencies within the scope of duties and
responsibilities in the field of shipping is authorized
as a special investigator referred to in
This Act.
(2) In the exercise of official duties of civil servants
certain civilians as referred to in paragraph (1) are
under the coordination and supervision of police investigators
Republic of Indonesia.
Article 283. . .
Page 113
- 113 -
Article 283
(1) Investigators as referred to in Article 282
authorized to conduct investigations
criminal offense in
field of shipping.
(2) Investigators referred to civil servants
in paragraph (1) is authorized:
a. researching, searching, and gathering information
respect
with
action
criminal
in the field
shipping;
b. receive reports or information from someone
of criminal activity in the field of shipping;
c. calling the people to be heard and examined
as a suspect or a witness;
d. arrest and detention of
people suspected of committing criminal offenses in the field of
shipping;
e. request information and evidence of the alleged
committing criminal offenses in the field of shipping;
f. photograph
and / or
record
through
media
audiovisual against people, goods, ship or what
that can be used as evidence of a criminal offense
in shipping;
g. examine the records and accounts required
according to this Law and other bookkeeping
associated with criminal acts shipping;
h. take fingerprints;
i. searched the ship, place and inspect the goods
contained in it, if suspected
offenses in the field of shipping;
j. confiscate objects that are alleged
goods used to commit
criminal in shipping;
k. provide safety signs and securing what
that can be used as evidence in connection
with criminal offenses in the field of shipping;
l. bring in expert witnesses required in
conjunction with the examination of the case follow-
criminal in shipping;
m. sent. . .
Page 114
- 114 -
m. ordered to stop people suspected of committing
offenses in the field of shipping and checking out
self-identification of suspects;
n. conduct investigations termination; and
o. perform another action according to law
responsible.
(3) Investigators referred to civil servants
in paragraph (1) present the results of investigations on
prosecutors through official State police investigators
Republic of Indonesia.
CHAPTER XIX
PENALTY PROVISIONS
Article 284
Any person who operates a foreign ship to
transporting passengers and / or goods between islands or
among ports in Indonesian waters as
referred to in Article 8 paragraph (2) shall be sentenced to
imprisonment of 5 (five) years and a fine of not more
Rp600.000.000, 00 (six hundred million dollars).
Article 285
Every person serving marine transportation activities specifically
transporting cargo and goods belonging to another party or
transporting cargo or goods belonging to other parties and / or
transport
load
or
goods
general
without
permit
referred to in Article 13 paragraph (4) shall be
with imprisonment of 1 (one) year or a fine
most Rp200.000.000, 00 (two hundred million).
Article 286
(1) transport skipper sail the rivers and lakes
ship to sea without the permission of the harbor master as
referred to in Article 18 paragraph (6) shall be punished with
imprisonment of 3 (three) years or a fine
most Rp400.000.000, 00 (four hundred million
dollars).
(2) If. . .
Page 115
- 115 -
(2) If the act referred to in paragraph (1)
resulting in loss of property shall be punished with
imprisonment of four (4) years and a fine
most Rp500.000.000, 00 (five hundred million rupiah).
resulting in the death of a person, shall be punished skipper
with a maximum imprisonment of 10 (ten) years
and a maximum fine of 1,500,000,000, 00 (one
billion five hundred million dollars).
Article 287
Every person who operates a vessel on transport in
waters without a business license as referred to in Article
27 shall be punished with imprisonment of 1 (one) year
or fine Rp200.000.000, 00 (two hundred million
dollars).
Article 288
Every person who
operate vessels on transit
rivers and lakes without route permit as referred
in Article 28 paragraph (4) shall be punished with imprisonment
maximum of 1 (one) year or a fine of not more
Rp200.000.000, 00 (two hundred million).
Article 289
Every person who
operate vessels on transit
operation of the crossings without having approval
ship referred to in Article 28 paragraph (6)
shall be punished with imprisonment of 1 (one) year
dollars).
Article 290
Any person who organizes business-related services without
have a business license as referred to in Article 33
dollars).
Article 291. . .
Page 116
- 116 -
Article 291
Everyone who does not carry out its obligations to
transporting passengers and / or goods, especially transport
post referred to in Article 38 paragraph (1) shall be punished
Article 292
Any person who does not insure its responsibility
referred to in Article 41 paragraph (3) shall be punished
with imprisonment of six (6) months and a fine
at most 100,000,000, 00 (one hundred million rupiah).
Article 293
Any person who does not provide special facilities and
ease as referred to in Article 42 paragraph (1)
shall be punished with imprisonment of six (6) months
and a maximum fine of 100,000,000, 00 (one hundred million
dollars).
Article 294
(1) Any person who transports special items and
dangerous goods not in accordance with the requirements
referred to in Article 46 shall be punished with
imprisonment of 3 (three) years or a fine
most Rp400.000.000, 00 (four hundred million
dollars).
resulting in one death and loss of property
objects shall be punished with imprisonment of 10
(Ten)
year
and
fine
most
many
1,500,000,000, 00 (one billion five hundred million dollars).
Article 295. . .
Page 117
- 117 -
Article 295
Any person who transports dangerous goods and goods
special
which
not
deliver
notice
imprisonment of six (6) months and a fine of
many 100,000,000, 00 (one hundred million rupiah).
Article 296
maximum imprisonment of six (6) months or a fine
Article 297
(1) Every person who build and operate
river and lake ports without permission as
imprisonment of 2 (two) years or a fine
most of Rp300.000.000, 00 (three hundred million rupiahs).
(2) Any person who utilizes the shoreline to
conduct mooring and unloading
raising and lowering goods or passengers
for their own interests outside activities at the port,
special terminal and terminal for its own sake
without a permit referred to in Article 339
shall be punished with imprisonment of 2 (two)
years and a maximum penalty of Rp300.000.000, 00 (three
hundred million dollars).
Article 298
Each
person
which
not
provide
assurance
above
implementation of the compensation responsibility in carrying
activities in the port referred to in Article
100 paragraph (3) shall be punished with imprisonment of 6
(Six) months and a maximum fine of 100,000,000, 00
(One hundred million rupiah).
Article 299. . .
Page 118
- 118 -
Article 299
Everyone who build and operate the terminal
without special permission of the Minister referred to in
Article 104 paragraph (2) shall be punished with imprisonment
old
2
(Two) years
or
fine
most
many
Rp300.000.000, 00 (three hundred million rupiahs).
Article 300
Every person who uses a special terminal for
public interest without having permission from the Minister
imprisonment of 2 (two) years or a fine of
Article 301
Any person who operates a special terminal for
serving the trade from and to foreign countries without
meet
requirements
and
not yet
there is
determination
referred to in Article 111 paragraph (4) or subsection (5)
shall be punished with imprisonment of 2 (two) years
or a fine of not more Rp300.000.000, 00 (three hundred million
dollars).
Article 302
(1) The skipper who sail the ship while
concerned to know that the ship is not
unseaworthy as referred to in Article 117 paragraph (2)
shall be punished with imprisonment of 3 (three)
years or a fine of not more Rp400.000.000, 00
(Four hundred million dollars).
resulting in one death and loss of property
objects shall be punished with imprisonment of 10
(Ten)
year
and
fine
most
many
1,500,000,000, 00 (one billion five hundred million dollars).
Article 303. . .
Page 119
- 119 -
Article 303
(1) Any person who operates the ship and the port
without
meet
requirements
safety
and
shipping safety and environmental protection
maritime referred to in Article 122
shall be punished with imprisonment of 2 (two)
years and a maximum penalty of Rp300.000.000, 00 (three
hundred million dollars).
resulting in the death of a person, shall be punished with
imprisonment of 10 (ten) years and a fine
at most 1,500,000,000, 00 (one billion five hundred
million dollars).
Article 304
Any person who does not support the implementation of inspection
and testing referred to in Article 128 paragraph
(2) shall be punished with imprisonment of six (6)
months or a fine of 100,000,000, 00 (one hundred
million dollars).
Article 305
Any person who does not keep his ship so as not to
meet
appropriate
requirements
safety
ship
with imprisonment of six (6) months or a fine
Article 306
Every person who operates a vessel that is not
meet the navigation equipment requirements and / or
electronic navigation vessels referred to in
old
2
(Two)
year
and
fine
most
many
Article 307. . .
Page 120
- 120 -
Article 307
Each person operating the vessel without the necessary
with radio communication devices and completeness
with imprisonment of 2 (two) years and a fine
Article 308
Every person who operates a vessel not equipped
with meteorological equipment referred to in
old
2
(Two)
year
and
fine
most
many
Article 309
The skipper who was sailing and aware of the weather
bad that endanger the safety of sailing but
not distribute to other parties and / or
Government agencies referred to in Article 132
paragraph (3) shall be punished with imprisonment of 2 (two)
years and a maximum penalty of Rp300.000.000, 00 (three hundred
million dollars).
Article 310
Any person who employs Crew without
meet
requirements
qualification
and
competence
imprisonment of 2 (two) years and a fine
Article 311
Any person who obstructs freedom skipper
to perform its obligations in accordance with the provisions of
regulation
legislation
as
referred
in Article 138 paragraph (4) shall be punished with imprisonment
maximum of two (2) years and a maximum fine of
Article 312. . .
Page 121
- 121 -
Article 312
Any person who employs a person on board the
any positions without disijil and without having competencies
and skills as well as the required documents sailor
imprisonment of 2 (two) years and a fine
Article 313
Every person who uses the container as part
of conveyance without complying with airworthiness requirements crate
Boxed as referred to in Article 149 paragraph (1)
shall be punished with imprisonment for a maximum of 2 (two) years
and a maximum penalty of Rp300.000.000, 00 (three hundred million
dollars).
Article 314
Any person who does not put up a sign at the registration
ships that have been registered as referred to in Article
(Six) months or a fine of 100,000,000, 00
Article 315
The skipper is flying the flag of other countries as
nationality mark referred to in Article 167 shall be punished
Article 316
(1) Any person who intentionally damage or
do
action
which
result
not
functioning of Means-Sailing and Navigation Aids
groove-shipping facility in the sea, rivers and lakes as well as
Telecommunications-Shipping as referred to in
Article 174 shall be punished by:
a. imprisonment of 12 (twelve) years if it is
can result in danger to the ship or sail
maximum fine of 1,500,000,000, 00 (one billion
five hundred million rupiah);
b. prison. . .
Page 122
- 122 -
b. imprisonment of 15 (fifteen) years, if it is
can result in danger to the ship and sailing
action
it
result
ships sunk or
stranded
and / or
fine
most
many
Rp2.000.000.000, 00 (two billion dollars); or
c. imprisonment for life or imprisonment for a period
given a maximum of 20 (twenty) years, if it is
can result in danger to the ship and sailing
resulting in death of a person.
(2) Any person whose negligence causes
Means malfunction-Sailing and Navigation Aids
groove-shipping facility in the sea, rivers and lakes and
Telecommunications-Shipping as referred to in
Article 174 shall be punished with imprisonment of 1
(One) year or a fine of not more Rp200.000.000, 00
(Two hundred million dollars) if it results in
danger to the ship sailing.
Article 317
The skipper who does not comply
provisions
imprisonment of 1 (one) year and a fine of not more
Rp200.000.000, 00 (two hundred million) .
Article 318
Any person who does the job of dredging and
reclamation groove-cruise and port basin without permission
dollars).
Article 319
Officers who conduct scouting scout without having
certificate referred to in Article 199 paragraph (1)
dollars).
Article 320. . .
Page 123
- 123 -
Article 320
Vessel owner and / or skipper who did not report
frame of the ship which is in the waters of Indonesia to
the competent authority as referred to in Article
(Six) months and a maximum fine of 100,000,000, 00
Article 321
Ship owners who do not get rid of the skeleton ship
and / or cargo that disrupt the safety and
shipping security within the time limits set
and a fine Rp200.000.000, 00 (two hundred million
dollars)
Article 322
The skipper who perform repair activities, experiments
sailing, and unloading activities at the pool over the harbor, delaying,
and unloading of dangerous goods without the consent of
Syahbandar as referred to in Article 216 paragraph (1)
shall be punished with imprisonment of six (6) months
or a fine of 100,000,000, 00 (one hundred million
dollars).
Article 323
(1) The skipper who sailed without a Letter of Approval
Sailing as issued by Syahbandar
imprisonment of 5 (five) years and a fine
most Rp600.000.000, 00 (six hundred million
dollars).
result
accident
ship
so that
most Rp1.000.000.000, 00 (one billion dollars).
(3) If. . .
Page 124
- 124 -
result
accident
ship
so that
result
death
sentenced
with
criminal
much 1,500,000,000, 00 (one billion five hundred million
dollars).
Article 324
Each Crew who do not take precautions and
countermeasures against environmental pollution
originating from vessels referred to in
Article 227 shall be punished with imprisonment of 2 (two)
years and a maximum penalty of Rp300.000.000, 00 (three hundred
million dollars).
Article 325
(1) Any person disposing of waste water
reply, dirt, rubbish or other material into waters
beyond
provision
regulation
legislation
with imprisonment of 2 (two) years and
maximum penalty of Rp300.000.000, 00 (three hundred million
dollars).
result
breakdown
environment
life
or
environmental contamination, the sentences
Rp500.000.000, 00 (five hundred million rupiah).
resulted in the death of a person shall be punished with
imprisonment of fifteen (15) years and
fine of Rp2.500.000.000, 00 (two billion
five hundred million rupiah).
Article 326
Each
person
which
operate
ship
with
issued flue gas exceeds the threshold as
imprisonment of 2 (two) years and a fine of not more
Article 327. . .
Page 125
- 125 -
Article 327
with imprisonment for a maximum of 6 (six) months and
maximum fine of 100,000,000, 00 (one hundred million rupiah).
Article 328
Every person transporting the waste material
hazardous and toxic regardless of the specification
ship referred to in Article 233 paragraph (1)
and a maximum penalty of Rp300.000.000, 00 (three hundred million
dollars).
Article 329
Any person who does not ship with penutuhan
meet the requirements of the protection of the maritime environment
with imprisonment of 2 (two) years and a fine
Article 330
The skipper is aware of the dangers and accidents in
ship, another ship, or any person who is found in
danger, which does not take precautions
and spreading the word about the matter to
the other hand, did not report to the harbor master or officer
RI nearest representative and state government officials
if local authorities and accident hazards
occurred outside the territorial waters of Indonesia as well as
referred to in Article 244 paragraph (3) or subsection (4), Article 247
or Article 248 shall be punished with imprisonment of 3
(Three) years or a fine of not more Rp400.000.000, 00
(Four hundred million dollars).
Article 331. . .
Page 126
- 126 -
Article 331
Everyone who was on board who knows
accidents within its means are not
provide help and report the accident to the
The skipper and / or referred Ship's Men
in Article 246 shall be punished with imprisonment
1 (one) year or a fine of 100,000,000, 00
Article 332
Every person who operates a vessel or aircraft
that does not help the search and rescue effort
against any person unfortunate as
referred to in Article 258 paragraph (2) shall be sentenced to
imprisonment of 1 (one) year and a fine of not more
Rp200.000.000, 00 (two hundred million).
Article 333
(1) The criminal act is considered done in shipping
by the corporation if the criminal act was committed
by a person acting for and / or on behalf of
corporation or for the benefit of the corporation, either
based on the employment relationship or other relationship,
acting in a corporate environment is good
individually or together.
(2) In the case of criminal acts done in shipping
by a corporation referred to in paragraph
(1) the investigation, prosecution, and punishment
made to the corporation and / or managers.
Article 334
In the case of a call to the corporation, then the calling
for
face
and
handover
letter
call
submitted to the board at the board office,
where the corporation operates, or in residence
board.
Article 335. . .
Page 127
- 127 -
Article 335
In the case of criminal offenses in the field of shipping is done by
a corporation, in addition to imprisonment and fines against
managers, which can be imposed on a criminal
corporate criminal fine form with a weighting of 3 (three)
time of the criminal penalties specified in this chapter.
Article 336
(1) Any officer who violates a specific obligation
from office or at the time of committing
criminal use of power, opportunity, or
the means given to him because of the position
shall be punished with imprisonment of 1 (one)
years and a maximum fine of 100,000,000, 00
(2) In addition to the penalties as referred to in paragraph (1)
performer
can
subject to criminal
additional
form
discharge
in
not
with
respectful
of
position.
CHAPTER XX
OTHER PROVISIONS
Article 337
Terms of employment in the field of shipping carried
accordance with the legislation in the field
employment.
Article 338
The provisions regarding the education and training resources
man referred to in Article 263 and Article
264
apply
in
mutandis
mutatis
for
area
transportation.
Article 339. . .
Page 128
- 128 -
Article 339
(1) Any person who utilizes the shoreline to
build the facility and / or conducting
mooring and unloading of goods or raising
and drop off passengers for its own sake
outside activities in the harbor, special terminals, and
terminal for its own sake must have license.
license referred to in paragraph (1) shall
Article 340
Law enforcement authority in the Economic Zone waters
Exclusively carried out by the Indonesian National Army
Force
Sea
provision
regulation
legislation.
CHAPTER XXI
TRANSITIONAL PROVISIONS
Article 341
Foreign vessels are currently serving transport activities
domestic sea can still perform most activities
three (3) years since this law applies.
Article 342
Port Administration and Ports Office remains
implement
task
and
function
up to
establishment of new institutions based on this Act .
Article 343. . .
Page 129
- 129 -
Article 343
Public ports, ferry ports, port
special, and docks for its own sake, which has
held
based on Law No. 21
1992 on Shipping activities can still be
held with the provisions of the role, functions, types,
hierarchy, and status shall be adjusted to the Law
This Act not later than 2 (two) years from the Law
This applies.
Article 344
(1) At the time of this Act applies, the Government,
local government, and the State-Owned Enterprises
held port continues to hold
activity
cultivation
The port
based
This Act.
(2) Within a period of 3 (three) years since the Act
This Act applies, the port operations
implemented by the Government, local government, and
State Owned Enterprises as referred to in
paragraph
(1)
compulsory
be adapted
with
provision
as stipulated in this Law.
(3) Activity
cultivation
The port
which
already
organized by the State-Owned Enterprises remains
held
by
Body
Business
Property
State
intended.
Article 345
(1) agreement or cooperation in the Regional Environment
Working between State Owned Enterprises that have been
conducting business with third-party port
remain in effect.
(2) At the time this Act comes into force, the agreement
or cooperation with the State-Owned Enterprises parties
The third carried out in accordance with this Act.
Article 346. . .
Page 130
- 130 -
Article 346
Policing and law enforcement in the sea and beaches as well as
coordination in maritime security remains held in accordance
with the provisions of the legislation until
with the formation of Sea and Coast Guard.
CHAPTER XXII
CLOSING
Article 347
Government regulations and other regulations
of this Act shall be at least 1 (one)
years since this law applies.
Article 348
Port Authority, the Port Operator Units, and
Harbormaster should be formed no later than 1 (one) year
since this law applies.
Article 349
National Port Master Plan should be established by
Government no later than 2 (two) years from the Law
This applies.
Article 350
Which serves as a major port port hub
internationally should be set by the Government at the latest
2 (two) years since this law applies.
Article 351. . .
Page 131
- 131 -
Article 351
that existed prior to this Act, to be completed
evaluated and adjusted with this Act
later than 2 (two) years since this Act
apply.
that has not been defined under the Act
Number 21 of 1992 on Shipping must be
determined no later than 2 (two) years
since this law applies.
Article 352
Marine and Coastal guard must have been formed at
than three (3) years since this law applies.
Article 353
At the time this Act applies all rules
implementation of Law No. 21 Year 1992 on
Cruise
stated
fixed
apply
along
not
conflicting or have not been replaced by the
new
by this Act.
Article 354
At the time this Act comes into force, the Act
Number 21 of 1992 on Shipping (Statute
Republic of Indonesia Year 1992 Number 98, Supplement
Republic of Indonesia Number 3493) repealed
and declared invalid.
Article 355
This Act shall take effect on the date of promulgation.
Order. . .
Page 132
- 132 -
That
each
person
know,
order
enactment of this Act be promulgated
the Republic of Indonesia.
Enacted in Jakarta
on May 7, 2008
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Signed
DR. H. Susilo Bambang Yudhoyono
Enacted in Jakarta
on May 7, 2008
MINISTER OF JUSTICE AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
Signed
ANDI MATTALATTA
THE REPUBLIC OF INDONESIA NUMBER 64 OF 2008

Indonesian Act 17-2008 Regarding Shipping

Uploaded by

Copyright:

Available Formats

Indonesian Act 17-2008 Regarding Shipping

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Indonesian Act 17-2008 Regarding Shipping

Uploaded by

Copyright:

Available Formats

Page 1

LAW OF THE REPUBLIC OF INDONESIA

You might also like