Resources
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).
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.
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).
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).
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.
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.
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.
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.
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.