Resources
Act concerning Basic Provisions for the Management of the Living Environment (Act No. 4 of 1982).
The 24 articles are divided into 9 sections: General Provisions (I); Principles and objectives (II); Rights, obligations and authorities (III); Protection of the living environment (IV); Institutions (V); Compensation and Restoration (VI); Penalties (VII); Transitional Provisions (VIII); Concluding provisions (IX).Provisions on the protection of inorganic natural resources, on the conservation of organic natural resources and its ecosystem, on the protection of man-made resources and on the protection of the cultural heritage shall be established by Acts. Environmental quality standards and provisions on the prevention and abatement of pollution shall be established by "legislation". Plans considered to have an impact on the environment must be accompanied by an environment impact analysis carried out in accordance with government regulations (arts. 11-17).
Government Regulation No. 141/2000 Re Second Amendment to Government Regulation No. 15/1990 on the fishery business.
Article 1 of Government Regulation No. 15 is completely reprinted so as to insert provisions regarding Indonesian fishing and fish transportation vessel licences (SIKPII) and foreign fish transportation vessel licences (SIKPIA). SIKPII shall be a licence, which must be owned by every fishing company with vessels flying the Indonesian flag, which carries out fish transportation activities. Foreign fishing companies shall obtain a SIKPIA for fish transportation activities. These companies shall also own a SPKPIA, which is a certificate of approval for foreign fish transportation vessels. The new article 7A concerns fishing activities in the Indonesian EEZ and pelagic fishing by Indonesian Vessels, which require a SIKPII. Again, requirements for transportation of fish by Indonesian or foreign vessels are formulated in articles 7B to 7D. Article 10 provides for granting of licences by different authorities for different waters. Chapter III containing rules relative to revocation of licences is also amended.
Government Regulation No. 61/2009 regarding port affairs
This Government Regulation provides for: guidelines and procedures for the stipulation of port master plans, port work areas and port interest areas by, among other things, assuring and preserving environmental conservation, and supervising and controlling the use of coastal areas; the establishment of a port authority and port administrator units; port business activities and port business entities; procedures and requirements to apply for permits on the development and operation of ports, and port expansion; establishment of special terminals opened to overseas trade; etc.
Decree No. 265 of the Ministry of Agriculture concerning Quarantaine Requirements for the Importation of Live Fish into the Territory of the Republic of Indonesia.
The Decree prescribes quarantaine requirements for fish imported in Indonesia. "Quarantine actions" include health inspection, refusal of entry, detention, observation, isolation, treatment, destruction and release of living fish. All fish not covered by an import permit and a fish health certificate shall be refused entry or be destroyed. Imports shall be made only at designated points of entry.
Law of the Republic of Indonesia No. 17/2008 on Shipping
The Law makes provision for various matters relating to ships, navigation, safety and security at sea and ports including the licensing and registration of ships, and marine environment protection in Indonesian waters. This Law shall apply to all transportation activities on water and to water transportation means which shall include sea transportation, river and lake transportation, and ferry transportation. Provisions on the requirements to be followed for the transportation of hazardous goods are outlined in the text. The Law, among other things, makes provision for the following: prevention of pollution due to the operations of ships; prevention of pollution at ports; waste disposal in waters; ship scrapping; etc.
Law No. 32/2009 on Environmental Protection and Management.
The purpose of this Law is to create an environmentally sustainable development through means of an environmental planning policy, and the rational exploitation, development, maintenance, restoration, supervision and control of the environment.
Decree of the Minister of Agriculture on the amendment of the Decree of the Minister of Agriculture No. 144/KPTS/IK.410/2/1993 (No. 57/KPTS/IK.410/1/95).
The Decree lists the base ports for foreign fishing vessels hired by Indonesian fishery companies for the following areas of the Indonesian Exclusive Economic Zone: (a) South China Sea and the Pacific Ocean; (b) Sulawesi Sea; (c) Indian Ocean and Arafura Sea.
Decree of the Minister of Agriculture on appointing a port as a fishing base for chartered foreign flag fishing vessels for fishing in the eez (No. 144 of 1993).
The port appointed as a base for a chartered foreign flag fishing vessel for fishing in the EEZ before and after carrying out fishing is called a fishing base: article 1 specifies ports for each fishing area of the Indonesian waters. Article 2 further prescribes requirements for licensed foreign fishing vessels, including rules on reporting. Other provisions concern powers of authorized officers. The Schedule specifies marking requirements.
Law No. 45/2009 amending Law No. 31/2004 concerning Fishery.
This Law amends the Fisheries Law No. 31/2004 by making changes to several articles of the Law and by inserting new provisions. Amendments to the Law cover various issues regarding the development, management and conservation of fisheries including: management and conservation of fish resources; fishing gear and fishing methods; aquaculture; fishing vessels and fishing ports; provisions to favour minor fishermen and minor fish cultivators; control and law enforcement in the handling of criminal acts in the fishery field; application of sanctions; etc.
Decree of the Minister of Agriculture on the use of charter of foreign flag fishing vessels for fishing in the Indonesian Exclusive Economic Zone (No. 816 of 1990).
This Decree further specifies the qualifications that foreign fishing vessels must posses in order to be allowed to fish in the Indonesian Exclusive Economic Zone and contains rules regarding Indonesian companies using foreign vessels. Article 2 specifies the types of fishing gear that may be used by foreign vessels in the EEZ and the Malaka Straits. DGF shall specify a fishing port as the base of the chartered foreign flag fishing vessel as mentioned in Article 1 (art. 3) Article 4 prescribes that the Indonesian fishing company as mentioned in Article 1 must export or sell locally the catch. Other provisions specify requirements of the Indonesian fishing companies including payment of fees and regarding local crew. The DGF may limit the number of chartered foreign flag fishing vessels and their fishing grounds. (9 articles)