Regulation of Minister of Marine and Fishery No. 3/PERMEN-KP/2015 on the Delegation of Authority to issue Business license on Fish Farming and Mariculture

GOVERNMENT REGULATIONS DELEGATION OF AUTHORITY TO GRANT AUTHORITY FOR ISSUING BUSINESS LICENSE ON FISH FARMING / MARICULTURE IN THE IMPLEMENTATION OF ONE STOP INTEGRATED SERVICES TO THE HEAD OF CAPITAL INVESTMENT COORDINATING BOARD (Regulation of the Minister of Marine and Fishery of R.I Number 3/PERMEN-KP/2015, dated January 15, 2015) WITH THE BLESSING OF THE ONE AND ONLY GOD MINISTER OF MARINE AND FISHERY OF THE REPUBLIC OF INDONESIA, Considering a. that as follow-up action to Article 7, paragraph (2) of Presidential Regulation Number 97 Year 2014, con cerning Implementation of One Stop Integrated Services, it is necessary to delegate authority for granting business license on fish farming in the implementation of one stop integrated services to the Head of Capi tal Investment Coordinating Board; b. that based on the consideration referred to in letter a, it is necessary to stipulate Regulation of the Minister of Marine and Fishery concerning Delegation of Authority to Grant Business License on Fish Farming in the implementation of One Stop Integrated Services to the Head of Capital Investment Coordinating Board; In view of: 1. Law Number 31 Year 2004, concerning Fishery (Statute Book of the Republic of Indonesia Year 2004 Number 118, Supplement to Statute Book of the Republic of Indonesia Number 4433), as amended by Law Number 45 Year 2009 (Statute Book Republic of Indonesia Year 2009 Number 154, Supplement to Statute Book of the Republic of Indonesia Number 5073); Business News 8755-8756/ 9-23-2015 2. Law Number 25 Year 2007, concerning Capital Investment (Statute Book of the Republic of Indonesia Year 2007 Number 67, Supplement to Statute Book of the Republic of Indonesia Number 4724); 3. Presidential Regulation Number 47 Year 2009, concerning Establishment and Organzation of the State Ministry, as most recently amended by Presidential Regulation Number 13 Year 2014 (Statute Book of the Republic of Indonesia Year 2014 Number 24); 4. Presidential Regulation Number 24 Year 2010, concerning Capacity, Duty, and Function of State Minister and Organizational Structure, Duty, and Function of Echelon I of State Ministry, as most recently amended by Presidential Regulation Number 135 Year 2014 (Statute Book of the Republic of Indonesia Year 2014 Number 273); 5. Presidential Regulation Number 165 Year 2014, concerning Coordination of Duty and Function of Kabinet Kerja (Statute Book of the Republic of Indonesia Year 2014 Number 339); 6. Presidential Regulation Number 97 Year 2014, concerning Implementation of One Stop Integrated Services (Statute Book of the Republic of Indonesia Year 2014 Number 221); 7. Presidential Decree Number 121/P Year 2014, concerning Establishment of Ministry and Appointment of Ministers of Kabinet Kerja Period Year 2014-2019; 8. Regulation of the Minister of Marine and Fishery Number PER.15/MEN/2010, concerning Organization and Work Procedure of the Ministry of Marine and Fishery; DECIDED: To stipulate: REGULATION OF THE MINISTER OF MARINE AND FISHERY ON DELEGATION OF AUTHORTY TO GRANT AU THORITY IN PROVIDING BUSINESS LICENSE FOR FISH FARMING IN THE IMPLEMENTATION OF ONE STOP INTEGRATED SERVICES TO THE HEAD OF CAPITAL INVESTMENT COORDINATING BOARD. Business News 8755-8756/9-23-2015 45 Article 1 The Minister of Marine and Fishery shall delegate authority for issuing business license in fish farming to the Head of Capital Investment Coordinating Board with the right to substitute. Article 2 (1) The authority to issue business license on fish farming delegated to the Head of Capital Investment Coor dinating Board as referred to in Article 1, namely License for Fishery Business (SIUP) for fish farming. (2) The authority to issue SIUP for fish farming referred to in paragraph (1), shall cover issue of SIUP for: a. fish breeding activity and/or fish rearing using foreign capital; b. fish breeding and/or rearing activity located within the sea area above 12 (twelve) sea mile shall be measured from the coastal line toward the islands waters; c. fish breeding and/or rearing activity located in land area cross provinces; and d. fish rearing using super intensive techonology on land and the sea areas above 12 (twelve) sea miles shall be measured from the coastal line toward the sea and/or toward the islands waters. Article 3 (1) The Head of Capital Investment Coordinating Board in issuing SIUP as referred to in Article 2, paragraph (1), shall first of all be obliged to obtain technical recommendation from the Minister of Marine and Fishery. (2) For effective provision of technical recommendation referred to in paragraph (1), the Minister of Marine and Fishery shall appoint an official and takes office at the Capital Investment Coordinating Board. (3) The officials appointed as referred to in paragraph (2) shall function to conduct verification of the document and coordinate with the relevant agency / work unit. Article 4 The technical recommenation referred to in Article 3 paragraph (1), namely, Recommendation for Capi tal Investment for Fish Farming (RPIPM), for fish farming business as referred to in Article 2, paragraph (2). 46 Business News 8755 8756/9-23-2015 Article 5 The Head of Capital Investment Coordinating Board in exercising the authority referred to in Article 2, shall be guided by: a .lists of closed businesses and open businesses with terms and conditions on capital investment; and b. The Regulation and technical provision on business permits for fish farming stipulated by the Minister of Marine and Fishery. Article 6 (1) The Head of Capital Investment Coordinating Board in shall issue the SIUP referred to in Article 2 for and on behalf of the Minister of Marine and Fishery. (2) The Head of Capital Investment Coordinating Board in issuing the SIUP referred to in paragraph (1) shall be obliged to provide copy to the Minister of Marine and Fishery. Article 7 Any SIUP issued before this Regulation of Minister comes to force, shall survive so far the party con cerned is still exercising fish farming activity. Article 8 By the time this Regulation of the Minister comes to force: a. Regulation of the Minister of Marine and Fishery Number 49/PERMEN-KP/2014 concerning Fish Farming , Business, pertains to authority to issue SIUP by the Director General of Fish Farming; and b. Regulation Minister of Marine and Fishery Number PER.301MEN12009, concerning Delegation of Authority for Granting Permanent Business License for Capital Investment in the context of One Stop Integrated Ser vices on Capital Investment to the Head of Capital Investment Coordinating Board, is revoked and declared null and void. Article 9 This Regulation of Minister takes effect on the date it is enacted. Business News 8755 8756/9-23-207 5 47 For public cognizance, this Regulation of the Minister shall be announced by placing it in the State Ga zette of the Republic of Indonesia. Stipulated in Jakarta Dated January 15, 2015 MINISTER OF MARINE AND FISHERY OF THE REPUBLIC OF INDONESIA, sgd. SUSI PUDJIASTUTI Enacted in Jakarta Dated January 15, 2015 MINISTER OF LAW AND HUMAN RIGHTS OF OF THE REPUBLIC OF INDONESIA, sgd. YASSONA H. LAOLY STATE GAZETTE OF REPUBLIC OF INDONESIA YEAR 2015 NUMBER 61 ( MA ) 48 Business News 8751,8756/9-23-2015