Resources
Act No. 22/2001 on oil and natural gas
The Act is divided in the following Chapters for a total of 66 Articles: (I) General Provisions; (II) Control and Management; (III) Upstream Business Activities; (IV) Downstream Business Activities; (V) State Earnings; (VI) Relationship between the oil and natural gas business activities and the right on land; (VII) Development and Supervision; (VIII) Executive body and regulating body; (IX) Investigation; (X) Criminal Provisions; (XI) Transitional Provisions; (XII) Concluding Provisions. Provisions deal with oil and natural gas being natural resources of the Country whose exploitation and use and all related operations must be controlled and regulated by appointed authorities in order to properly conduct operations, ensure the rights of the country on these important energy resources , their correct production and management and prevention of environmental damages.
Ordinance on Territorial Waters and Maritime Zones, 1939
The Act consists of 21 articles regarding the territorial waters and maritime zones of Indonesia. Article 1 includes definitions of "Indonesian territorial waters" and "Indonesian maritime zone". Fishing is prohibited within maritime zones subject to article 5. The Commander of the Navy is authorized to prohibit or limit fishing to those who are entitled under article 5. It is also prohibited to conduct land surveys within Indonesian waters or make drawings or photographs within maritime zones (art. 9). Failure to comply with the articles could result in penalties listed under article 12. Under article 21 provisions may be specified by government decrees for the prevention of pollution by ships and safe traffic in Indonesian waters.
Act of the Republic relating to the Indonesian Waters (Act No. 6 of 1996).
An Act introducing a new regime of archipelago state law for Indonesia subsequent to ratification of the UNCLOS: The Territories of the Indonesian Waters comprise the Indonesian territorial sea, the archipelago waters and the inland waters.
Act of the Republic relating to the Indonesian Waters (Act No. 6 of 1996).
An Act introducing a new regime of archipelago state law for Indonesia subsequent to ratification of the UNCLOS: The Territories of the Indonesian Waters comprise the Indonesian territorial sea, the archipelago waters and the inland waters.
Government Regulation on the List of Geographical Coordinates of the Base Points of the Archipelagic Baselines of Indonesia in the Natuna Sea (No. 61 of 1998).
The Law on Indonesian waters prescribes that Indonesian archipelagic baselines shall be indicated through maps or scales so as to ascertain their position, or through a list of geographical coordinates of the base points of the archipelagic baselines. This Regulation indicates baselines in the Natuna Sea, which have been established taking into account existing treaties and agreements with neighbouring States.
Presidential Regulation No. 81/2005 on the Coordinating Board for Security in the Sea.
This Regulation provides for the establishment of the Coordinating Board for Security in the Sea (BAKORKAMLA) in order to enforce the security in Indonesian waters. Functions, duties and the organization of BAKORKAMLA are outlined in Chapters II and III. Chapter IV provides for the establishment of an Operational Division, which shall give technical and administrative support to BAKORKAMLA. The remaining Chapters deal with the following matters: operational procedures; rank, appointment and dismissal of officers; financing, etc.
Government Regulation regulating of fishing businesses (No. 15 of 1990).
This Regulation makes provision in part for the authorization of fishery activities of foreigners in Indonesia: a permission that should be possessed by a fishing company in order to carry out fishing business using production facilities specified in the license; approval given to a fishing company which possesses such permission to use foreign flag fishing vessel in cooperation with foreign individual or foreign company to fish in the Indonesian EEZ; a license that shall be possessed by every fishing vessel of Indonesian flag for fishing activities in Indonesian waters and/or EEZ and this letter is issued under the company permission, and; a license which shall be possessed by every foreign fishing vessel used by an Indonesian fishing company for fishing in the EEZ. Provisions concern validity and revocation of authorizations.
Fisheries Law (No. 9 of 1985).
The Act provides also for the issuance of fishing licenses, the support of the Government for the development of fisheries, and the decentralization of certain activities and powers to the local governments. Section 4 declares that fishing business in Indonesia is exclusively for Indonesian citizens or companies. All individuals and companies carrying out fishing business should be licensed, except subsistence fishermen. Fishing vessels used by Indonesian citizens or companies for fishing activities, excepted research fishing, in the Indonesian fishing area, the EEZ excluded, shall be Indonesian flagged vessels (sect. 12).
Environmental Regulations of Indonesia (Circular No. 3 of 1987).
These Regulations concern procedures on the remedying of life environmental pollution and destruction cases and state 10 procedures. The upholding of laws in life environmental pollution and destruction cases involves the Minister of Home Affairs, the Minister of Justice, the State Minister of Population and Life Environment, Attorney General and the Police Chief.The procedures include the gathering of information on the levels and source of life environmental pollution (procedure 3). Under procedure 7 the Governor or Mayor Head of the second grade region shall act to remedy the life environmental pollution or destruction by claiming the cost for environmental restoration. Sanctions also include the suspending or revoking of the licences of persons concerned (procedure 8). Under procedure 9 the possibility of civil law suits by affected parties remains open.
Decree No. 245/Kpts/LB.730/4/90 re Quarantine Measures taken on Live Fish Exported from the Territory of the Republic of Indonesia.
Export of live fish as defined in article 1, whether intended for conspumtion or not, shall not be subject to quarantine measures, including the granting of fish health certificates, except if required by the importing country (art. 2). Fish quarantine shall not be longer than 7 days and be carried ot at "Installations" or "Temporary Installations" defined in article 1. The period of 7 days may be extended by a Fish Quarantine Official. If the fish is in good health than the Fish Quarantine Official shall immediately issue of Fish Health Certificate (art. 7). Fish which is not healthy shall either be cured or destroyed. The remaining articles provide for the preparation and maintenance of installations, the destruction of fish, fish quarantine fees and loss resulting from fish quarantine measures. (15 articles and one schedule).