Government Regulation No. 61/2009 regarding port affairs

29A PORT AFFAIRS (Government Regulation Number 61 Year 2009 dated October 20, 2009) BYGRACEOFGODTHEALMIGHTY lHEPRFSlDENTOFlHEREPUBUCOFINDONESIA, Considering: That In order to Implementthe provisions of Articles 78, 89, 95, 99, 108, 112paragraph (2), 113, and 210 paragraph (2) ofLaw Number 17 Year 2008 regarding Shipping, it's necessary to stipulate a government regulation regarding Port Affairs; In view of: 1. Article 5 paragraph (2) of the Constitution of 1945; 2. Law Number 17 Year 2008 (BN No. 7505 pages 10A-15Aand so on) regarding Navigation (Stat­ ute Book ofthe Republic oflndonesia Year 2008 Number 64, Supplement to Statute Book of the Republicoflndonesia Number 4849); DECIDES: To stipulate: lliEGOVERNMENTREGUlATIONREGARDINGPORTAF­ FAIRS. CHAPTERI GENERALPROVISlON Article 1 Referred to in this government regulation as: 1. Port shall bea place consisting of mainland and/ BusinessNews 7922/2-22-2010 or waters with certain borders as a place of administration ac:thtlty and management activ­ Ity used as a place where ships berth, embark and disembark passengers and/or load/uload goods, In the form vltennlnal and berthing place of ships eqUipped by navigation safety and se­ curity fadlitles and seaport supporting activi­ ties as well as a place for the change in intra­ and inter-transportation mode. 2. Port Affairs shall be everything related to the exercise of port functions to support the smooth, secure and orderty traffic ofshiips, pas­ sengers and/or goods, navigation safety and security, a place for intra- and inter-mode change as well as boost national and regional economy by regarding territorial layout. 3. National Port Affairs Arrangement shall be a seaportaffairs sYstemcontaining role, function, type, hierarchy of seaport, national port maS­ ter plan, and location of port as well as intra­ and inter-mode integration as well as integra­ tion with other sectors. 4. Main Port shall be a port performing the main function to serve domestic and international sea transport activities, transfer of domestic and international sea transport freights in a large quantity and as the origin / destination of passengers and/or goods as well as ferry transport with the sphere of inter-provindal service. S.Collecting........... 30A 5. Collecting Port shall be a port performing the main function to serve domestic sea transport activities, tranfer of domestic sea transport freights in a medium quantity and as a place of origin/destination ofpassengers and/or goods as well as felTY transport with the sphere of inter-'provincial service. 6. Feeder Port shall be a port performing the main function to Serve domestic sea transport activities, transfer of domestic sea transport freights and as a place of origin/destination of passengers and/or goods as well as free transport with the sphere of intra-provincial service. 7. seaport shall be a port usable to serve seatrans­ port activities and/or ferry transport activities on sea and river. 8. River and Lake Port shall be a port used for serv­ ing river and lake transport on river and lake. 9. Port Administrator shall be port authority or port administrator unit. 10. Port Authority shall be a government institu­ tion at port as authority performing the func­ tions ofregulation, control and supervision over commercially managed port activities. 11. Port Administrator Unit shall be a government institution at port as authority performing the function of regulation, control, supervision over port activities and providing port service for ports not yet managed comm~rcially. 12. sea Transport shall be transport activity which acording to the activity thereof serves sea transport actiVity. BusinessNews7922/2-22-2010· 13. Ferry Transport shall be transport serving as bridge linking road networksand/or railway net­ works separated by waters to carry passen­ gers and vehicle along with freight thereof. 14. River and Lake Transport shall be transport ac­ tivity by using ship on sea, lake, reservoir, em­ bankment, swamp, flood canal and tunnel to carry passengers and/or goods, which is man­ aged by river and lake transport company. 15. National Port Master Plan shall be the regula­ tion of national port space containing informa­ tion aboutport policy, planned locationsand port hierarchy nationally, which constitutes gUide­ line in stipulating locations, development, 0pera­ tion and expansion of ports. 16. Port Master Plan shall be the regulation ofport space in the form of the designation of land and waters exploitation plan in the working and in­ terest area of port. 17. Working Area shall be waters and mailand at special seaport or terminal, which are used di­ rectly for port activities. 18. Interest Area shall be waters around the wa­ ters working area of port, which are used for assuring naVigation safety. 19.Terminal shall be a port facility consisting of berthing or anchoring basin, hoarding place, waiting place and embarkation/disembarkation place of passengers and/or loading/unloading place of goods. 20. Special Terminal shall be a terminal located out­ side working area and interest area of port, which constitutes a part of the nearest port to serve" •."" 31A selVe private interest in accordance with the main business thereof. 21. Private InterestTerminal shall be a terminal 10­ cated inside working area and interest area of port, which constitutes part of port to serve private interest in accordance the main busi­ ness thereof. 22. Special Terminal Management shall be a speci­ fied business entity in accordance with the main business thereof. 23.Mooring Basin shall be waters constituting part of port basin, which is used for operational in­ terest ofship mooring and thetering at the pier. 24. Port Basin shall be waters in the front of the pier, which are used for operational interestof ship mooring and movement. 25. Layout shall be the shape of spatial structure and pattern. 26. Spatial Arrangement shall be a system of lay­ out planning, space utilization and control over he use of space. 27. Management Right to Land shall be a right granted to the government, regional govern­ ments or state-owned enterprises, which can be used for interests of other parties. 28. Harbormaster shall be a government official at port, who is appointed by the Minister and has the highestauthority to implement and conduct sUpelVision over the fulfillment ofthe provisions of legislation in order to assure navigation safety and security. 29. Port Business Entity shall be a business entity having special business activity in the field of the management of terminal and other port fa­ dllties. Business News 7922/2-22-2010 30. Concession shall be the granting of right by port administretor to port business entity to under­ take activities of provision and/or rendering of certain port services in a specified period and with certain compensation. 31. Everybody shall be individual or corporation. 32. Central Government hereinafter called the Gov­ ernment shall be the President of the Republic oflndonesia holding the executive power of the Republic of Indonesia as referred to in the Con­ stitution of 1945. 33. Regional Government shall be governor, regent/ mayorand regional apparatuses as components of regional adlllinistrator. 34. Minister shall be the minister in charge of ship­ ping affairs. Artide2 This government regulation shall rule na­ tional port affair arrangement, port master plan as well as working area and interest area ofport, the implementation of activities at port, development and operation ofport, special terminal and terminal for private interests, tariff, special port and termi­ nal opened for foreign trade and port information system. CHAPTERn NATIONALPORTAFFAIRS ARRANGEMENT Part One G<'''llral Article 3 (1) The national port affairs arrangement shall be realized in the framework of operating ports which .. 32A which are reliable and highly capable, assure ef­ fidency, and have global competitiveness to sup­ port national and regional development in the context of the archipelago concept. (2) The national port affairs arrangement as re­ ferred to in paragraph (1) shaD constitute a na­ tional port system describing port affairs plan­ ning on the basis of.economic, geographic area and comparative advantages of regions as well as natural condition. (3) The national port affairs arrangement as re­ ferred to in paragraph (1) shall contain: a. role, function, type, and hierarchy of port; b. national port master plan; and c. port location. PartTwo Role, Function, Type and Hierarchy of Port Article 4 Ports shall play role as: a. hub in transportation networks in accordance with hierarchy thereof; b. ga~feconomic-activities; c. place for the transfer of transportation mode; d. supportofindustrialand/or trading ifctivities; e. distribution, production and·consolidation place of freights or goods; and f. instrument to realize the concept ofarchipelago state and state souvereignty. ArticleS POrts shall function asactivity place of: BUSiness News 7922/2-22-2010 a. administration; and b. management. Article 6 (1) Type of port shall consist of: a. seaport; and b. river and lake port. (2) The seaport as referred to in paragraph (1) let­ ter a shall be used for serving: a. sea transport; and/or b. ferry transport. (3) Hierarchically, the seaport as referred to in paragraph (1) letter a shall consist of: a. the main port; b. collecting port; and c. feeder port. PartThree National Port Master Plan Paragraph 1 General Article 7 (1) National Port Master Plan, which constitutes the manifestation ofnational port affairs arrange­ ment shall be used as a guideline in stipulating the location, development" operation, expansion of ports and formUlating port master plan. (2) The national port master plan as referred to in paragraph (1) shall constitute a long-term na­ tional port developmentpolicy. Article 8 (1) The national port master plan as referred to in Article 7 paragraph (1)shall contain: a, national .. 33A a. national port policy; and b. planned location and hierarchy of ports. (2) The Minister shall stipulate the national port master plan for a period of 20 (twenty) years. (3) In stipulating the national port master plan as referred to in paragraph (2), the Minister shall coordinate first with the minister in charge of port affairs. (4) The national port master plan as referred to In paragraph (2) may be reviewed once in 5 (five) years. (5) In the ofany change In strategic environmental condition atb'lbuted to disaster stipulated by the provisions of legislation, the national port mas­ ter plan may be reviewed more than once in 5 (five) years. Paragraph 2 National PortPolicy Artide9 The national port policy as referred to In Article 8 paragraph (1) lettera shall contain direc­ tion of the development of the existing ports and ports ......... ap MIon of parts..., be ........ %... and.... ·y·.... tiI....... other. Paragraph 3 Planned Location and HierachyofPort Article 10 (1) The planned location of ports to be built shall be formulated by referring to national port policy. Business News 7922/2-22-2010 (2) The planned location ofport to be built shall be in accordance with: a. national layout plan, provincial layout plan and regental/ll1UhR!ip8\1ayout plan; b. socio economlCpc:ltentals and developments of regions; c. potentials of natural resources; and d. developments of national and international strategic environment. Article i1 (1) In stipulating the planning location of the main ports used for serving sea transport, besides complying with the provision as referred to in Article 10 paragraph (2) shall also refer to: a. geographical affinity to international mantet destinations; b. affinity to international shipping lane; c. at a certain distance from the other main ports; d. having certain size of mainland and waters as well as being protected from wave; e. C/IIRNeof vtng.....wllhCllllUift p.c­ Ity; f. playing role as the transfer place oflntema­ tional passengers. gpads;and g. volume of loadlng.aadunioadin,actiYityln certain quanl:ity. (2) In stipulating theplarmed location of the main port used for serving ferry transport, besides complying with the provision as referred to in Article 10 para9lWph.(iZI)shallalsorefer.to: lLrliN n'.. 34A a. national road networks; and/or b. national railway networks. AItidJ! 111 (l)BIl$Ic!e&~D1ylngwltlt":pl"IMrisIon asIElferred to In ArtIde 10 paragraph (2), the stipulation of the planned location of collecting port used for serving sea transport shall refer to: a. the government's policies, covering the eq­ uitable distribution ofnationa' development and enhancement ofthagrowth of regions; b. having certain distance from other collect­ Ingports; c. haVing certain distance from domestic sea transport lane/route; d. haVing certain si~ of mainland and waters as well as being protected from wave; e. dose to regional growth center of the capi­ tal of province and national growth areas; f. capable of serving ships with certain capac­ ity; and g. certain volume of loading and unloading ac tiYity. (2) Besidescomplying with the provision as I eferred to in Artide 10 paragraph (2), the stipulation of the planned location ofcollecting port used for serving Inter-provtnaalancl1orlnter-state feny tra~shan refer to= a. national road networkS; and/or b. national railway networks. Artide13 (1) ~MfbtfR,provIsionasreferred Buslness....1I5'W1.2/2-22-2010 to in ArtIde 10 paragraph (2), the stipUlation of the planned location of regional feeder port"* for -w.g sea transport shall ...,... to: a. provlnclallayout and equitabledistribution of deveJopmentbetw"n provinces; b. regentaJ/municipal layoutaswell as eqLlitable distribution and enhancement of regental/ municipal development; c. regional economic growth center; d. distance with other feeder portS; e. size of mainland and waters; f. passenger and goods service between re­ gendes/dtJes and/or between districts in onedty/regency; and g. capability ofthe port In serving ship. (2) Besides complying with the provision asI eferred to in Artide 10 paragraph (2), the stipUlation of the pJanned Joo:atIonofregional feeder port used for serving inter-regency/city ferry transport in one province shall refer to: a. provincial road networks; and/or b. provincial railway networks. (1).BesideSCll)lnpl~With1hej)rOvillioni.letIerrild to in Artide 10 paragraph (2), the stipUlation of the planned location of local feeder port used for servtng sea transport shall refer to: a. layout of regency/cIly and equitable distri­ bution as well as enhancement of regental/ munlcipatdevelopment; b. regional economic growth center; c. distance with other feeder ports; d. size . 35A d. size ofmainland and waters; e. passenger and goods service between re­ gencies/cities and/or between districts in one regency/city; and f. capability of port in serving ship. (2) Besides complying with the provision as referred to inArticle 10 paragraph (2), the stipulation of the planned location of local feeder port used for serving ferry transport shall refer to: a. regental/municipal road networks; and/or b. regental/municipal railway networks. Article 15 By hierarchy of river and lake port service, the planned location of river and lake port as re­ ferred to in Article 6 paragraph (1) letter b shall consist of: a. river and lake port used for serving river and lake transport; and/or b. river and lake port serving ferry transport: 1. between provinces and/or between coun­ tries; 2. between regencies/cities in one province; and/or 3. inside one regency/city. Article 16 The planned location of river and lake port used for serving river and lake transport and/or ferry transport as referred to in Article 15 shall be formulated by referring to: a. geographic affinity to national and/or interna­ tional market destinations; b. certain distance from other port; c. certain size of mainland and waters as well as being protected from wave; d. capable of serving ship with certain capacity; e. role as the transfer place of international pas­ sengers and goods; f. volume of loading and unloading activity in cer­ tain quantity; g. linked road networks; and/or h. linked railway network. Business News1922/2-22-2010 Part Four Port Location Article 17 (1) The use of certain mainland and waters terri­ tory as port location shall be stipulated by the Minister in accordance with national port mas­ terplan. (2) The port location as referred to in paragraph (1) shall be accompanied by port master plan as well as working area and interest area of port. (3) The stipUlation of the Minister as referred to in paragraph (1) shall contain at least: a. geographic coordinate pointofport location; b. name of port location; and c. position ofadministrative territory. Article 18 (1) Locations of ports shall be stipulated by the Min­ ister on the basis of application from the gov­ ernment or regional governments. (2) The application as referred to in paragraph (1) shall be accompanied by requirements consist­ ing of: a. national port master plan; b. provincial layout plan; c. regental/munidpallayout plan; d. plan of working area and interest area of port; e. result of feasibility study on: 1. technical feasibility; 2. economic feasibility; 3. environmental feasibility; 4. economic growth and social developments of local region; 5. intra and inter-mode integration; 6. access to hinterland; 7. navigation safety and security; and 8. defense and security. f. recommendation from governor and regent/ mayor. (3) Based on the application as referred to in paragraph (2), the Minister shall examine the reouirements . requirements in a period qf30 (thirty) work­ ing days as from the date of receipt of the application. (4) In the caseof the application failing to com­ ply with the requirements, the Minister shall grantwritten rejection acoompanied by rea­ son for the rejection. Artide19 Further provision on procedures for stipu­ lating locationsofports shall be governed by a regu­ lation of the Minister. CHAPTERm MASTER PlANOFPORT, WORKING AREA AND INTERESTAREA OFPORTS Part One Master Plan of Port Artide20 (1) Every port shall have master plan of port. (2) The master plan of port as referred to in para­ graph (1) shall be formulated by port adminis­ trator by referring to: BuslMa News 7922/2-22-2010 36A a. national port master plan; b. provindallayout plan; c. regental/munidpallayout plan; d. harmony and equilibrium with other related activities in the location of the port; e. technical, economic and enVironmental fea­ sibility; and f. ship traffic security and safety. (3) The planning period in masterplan ofport shall covers: a. long term, exceeding 15 ( fifteen) years up to 20 (twenty) years; b. medium term, exceeding 10 (ten) years up to 15 (fifteen) years; and c. short term,S (five) years up to 10 (ten) years. Artide21 ... ( To be continued ) ===( R )=== 28A PORT AFFAIRS (Govemment Regulation Number 61 Year 1009 dated OCtober 20, 2009) [Continued from Business News No. 7922 pages 29A-36A] Article 21 (1) Master plan of seaport and master plan of river and lake port shall cover plan of allocation of mainland and waters tenitory. (2) The plan of allocation of mainland tenitory as referred to in paragraph (1) shal be formulated on the basis of criteria for the need of: a. basic facilities; and b. supporting facilities. (3) The plan ofallocation of waters territory as re­ ferred to in paragraph (1) shall be formulated on the basis of criteria for the need of: a. basic facilities; and b. supporting facilities. Artide22 (1) The allocation plan of mainland temtory for the port master plan as referred to in Article 21 paragraph (1) shall be formulated on the basis of criteria for the need of: a. main facility; and b. supporting facility. (2) The main facility as referred to in paragraph (1) letter a shall include: a. pier; b. first-line warehouse; c. first-line hoarding square; d. passenger terminal; BusinessNews 7923/2-24-2010 e. container terminal; f. ro-ro terminal; g. waste collection and treatment facility; h. bunker facility; L fire extinguisher facility; j. warehouse facility of dangerous and toxic materials/gOCids (83); and Ie. Shipping-navigation instrument (SBNP) and equipment maintenance and repairing facil­ ity. (3) The supporting facility as referred to in para­ graph (1) letter b shall include: a. office area; b. post and telecommunications facility; Co tourism and hotel facility; d. drinking water, electricityand telecommuni cations installations; e. road and railway network; f. waste water, drainage and rubbish network; g. port developmentarea; h. waiting place ofmotorized vehicle; L trading area; j. industrial area; and Ie. otherpublic facilities. Article 23 (1) The allocation plan of waters tenitory for the port master plan as referred to in Article 21 paragraph (1).......... paragraph (1) shall beformulated on the basis ofaiteIta for the need of: a. mainfadJily; and b. supporting fadIity. (2) The main facility as lefeI.ed to in paragraph (1) IetIIera shall include: a. shipping lane; b. berttling area; Co portbasin for the anchorage and moA!llll!llt ofshlpsl; cL ship loadingand unloading waters; e. waIieI s for ship c:any g HazardousandToxic Goods/MaterIals (B3); f. waters for the need of quarantine; 9- waters for the need of inba-port connect­ Inglane; II. p1lo11ngwaters;and L waters for government's ship. (3) The supporting facility as I eferred to In para­ gtaph (1) Ietblr b shall cover: a. waters for the need of port development In the long termi b. waIIIsfortheneedofshipbuillngandmain­ blnanCefacilltyi Co walerS for the need oftrtal run ofship (bial """ofsalling)i cL wa~s forshelteling deiIdships; eo waters for genc:y purp ms el, and f. waters for the need of IDIDism ac:tivIly and hatI!L BusIn n News7923/2-24-2010 ArtIde24 (1) The planofdesignation ofport land for the River and Lake Port MasIler Plan as refelTed to In Ar­ ticle 21 paragraph (1) shall be formulated on the basis ofaileria for the need oJ: a. mainfacilty; and b. supporting facility. (2) The main facility as lefefTed to in paragraph (1) Ietb!r a shall cover: a. pier, b. hoarding square; Co pa enger terminali cL waste collecting and treatment fadlity; e. bunker, f. fire fighting facility; and g. Hazardous and Toxic Goods/Material treat­ mentfadlity. (3) The SliPlJP"tlng fadllty as refelTed to in para­ graph (1) Ietb!r b shall Indude : a. oftia!buiIcIng; b. postand telecommunicationsfadlityi Co tourism facility; cL drinIdng wablr, eledridty and telecommuni cations installation; eo roadand railwaynetworlq f. waste wablr, drcIinageand I1Ibbish network; 9- portdeVelopmentarea; II. waitillg placeofmobirized vehlde; j. indusbial area; and k. OtherpublicfadIftfes. ArI::ide 25""".." 3M Artide25 (1) The plan of designation of port waters for the River and Lake Port Master Plan as referred to in Artide 21 paragraph (1) shall be formulated on the basis of criteria for the need of: a. main facility; and b. supporting facility. (2) The main facility as referred to in paragraph (1) letter a shall indude: a. shipping lane; b. anchorage area; Co area for the need of ship anchorage and IIIOlN!IIll!IIt d. area for ships canying hazardous and toxic materials/goods (B3); and e. area for the government's ships. (3) The supporting facility as referred to in para­ graph (1) letter b shall include: a. area for the need of long-term port devel b. area for the need of ship building and mal'" tenance facility; and Co area for the need of emergency. Artide26 (1) The plan ofdeslgnation ofport mainland for the Master Planof5eaportas well as River and Lake Port as referred to in Article 21 paragraph (1), which are used for serving ferry transport shall be formulated on the basis of criteria for the need of: BUsinessNews 7923/2-24-2010 a. main facility; and b. supporting facility. (2) The main fadlity as referred to in paragraph (1) lettera shallindude: a. passenger terminal; b. weighing of loaded vehicle (good carrier); (S:) c. gangway; d. office building for activitiesofadministration and service; e. bunker, f. drinking water, electricity and telecommuni cations installation; g. road access and/or railway track; h. fire fighting facility; and; and i. waiting place (parking lot) ofvehicle before embarking on ship. (3) The supporting facility as referred to In para­ graph (1) letterb shall include: a. area ofofficebUilding supporting the smooth provision of port service; b. waste collection place; Co facility ofbusinesses supporting activities of ferry port; d. port developmentarea; and e. otherpublic facilities. Artide27 (1) The plan of designation of port waters for the Master Plan of Port and River and Lake Port as referred to in Article 21 paragraph (1) shall be formulated on the basis of criteria for the need of: I, main""""" 31A a. main facility; and b. supporting facility. (2) The main facility as referred to in paragraph (1) lettera shall include: a. shipping lane; b. berthing facility ofship; c. anchoring waters; and d. port basin for the need ofberthing and move­ mentofships. (3) The supporting facility as referred to in para­ graph (1) letter b shall include: a. waters for the need of long-term port de­ velopment; b. waters for the needofship building and main­ tenance faci Iity; c. waters for the need of trial run of ship (trial run ofsailing); d. waters for the need of emergency; and e. waters for the need of the government's ship. Article 28 (1) The master plan of port shall be stipulated by: a. the Minister, in the case of the main port and collecting port; b. governors, in the case of regional feeder port; or c. regents/mayors in the case of local feeder port as well as river and lake port. (2) In stipulating the master plan of ports as re­ ferred to in paragraph (1) letter a, the Minister shall secure prior recommendation from gover­ norsand regents/mayorsaboutthe conformance BusinessNews 7923/2-24-2010 for layout plan of provinces and/or regency/ city. (3) In stipulating the master plan of ports as re­ ferred to in paragraph (1) letter b, governors shall secureprior recommendation from regents/ mayors about conformance for layout plan of regencies/cities, Article 29 Further provisi9n on procedures for stipu­ lating and evaluating the master plan of port shall be governed by a regulation of the Minister. Part Two Work Area and Interest Area of Port Article 30 (1) The work area of port shall consist of: a. port land; b. port waters. (2) The port land as referred to in paragraph (1) letter a shall be used for activities of the main and supporting facilities. (3) The port waters as referred to in paragraph (1) letter b shall be used for activities of ship­ ping lane, anchorage, inter-ship transfer of load, port basin for the berthing and movement of ships, piloting activities, ship repairing facil­ ity and other activities in accordance with the need. Article 31 (1) Port Interest Area shall constitute port waters outside the work area 0' pori:. C21The...... (2) The port interest area as referred to In para­ graph (1) shall be used for: a. IhIppIng lane from and to port; b. .-gencyneed; c:. pr-nentofdeacl ship; d. trial nan ofsailing; e. piloting ofship; f. ship building and maintenal1Cll! facility; and 9- Iong-tenn port development. Artlde.32 (1) 11Iework area and interest area of ports shall be stipulated by: a. the Minister, in the caseof the main port and collecting port; b. governors, in the case of regional feeder port; or c. regents/mayors in the case of local feeder port as well as river and lake port. (2) In stipulating the work area and interest area of ports as referred to in paragraph (1) letter a, the Minister shall secure prior recommenda­ tion from governorsand regents/mayors about the conformance for layout plan of provinces and/or regency/city. (3) In stipulating the work area and interest area of POrts as referred to in paragraph (1) letter b, governors shall secure priorrecommendation BusinessNews 7923/2-24-2010 32A from regents/mayors about conformance for layout plan of regencies/dtles. ArtIcIe3! The stipulation ofbordersof the Work area and interest area of ports as referred to In ArtIcle 32 paragraph (1) shall contain at least: a. the size of mainland used as work area; b. the size ofwaters used as work area and Inter­ est area of port; c, geographiccoordinate pointsasborders ofwork area and interest area of port. Artide34 (1) 11Iemainland and/or waters stipulated aswork area and interest area of port as referred to in Article 32 paragraph (1) shall be controlled by the state and ruled by port administrator. (2) In the stipulated work area of port, the right to manage land and/or use or \It1l1ze waters shall be granted in accordance with the provisionsof legislation. ArtIcle 35 ... ( To be continued ) ===( R)=== lOA PORT AFFAIRS (Government Regulation Number 61 Year 2009 dated October 20, 2009) [Continued from Business News No. 7923 pages 28A-32A] Article 34 (1) The mainland and/or waters stipulated as work area and interest area of port as referred to in Article 32 paragraph (1) shall be controlled by the state and ruled by port administrator. (2) In the stipulated work area ofport, the right to manage land and/or use or utilize waters shall be granted in accordance with the provisionsof legislation. Article 35 (1) Based on the stipulation of work area and in­ terest area of port as referred to in Article 32 paragraph (1), in the work area of port it shall be obliged to: a.install border sign in accordance with bor­ ders ofthe mainland workarea already stipu­ lated; b. install billboard containing information about borders of the mainland work area of port; Co secure assets which are owned; d. settle certificate of right to manage land in accordancewith the provisionsof legislation; e. Install border signs in accordance with the borders ofwork area ofwaters already stipu­ lated; f. notify the borders of waters work area of port to players of port activities; g. provide shipping navigation auxiliary faolity; h. provide and maintain portbasis and shipping lane; BusinessNews 7927-7928/3-10-2010 i. assure and preserve environmental conser­ vation;and i. secure assets which are owned, In the form of port facilities on waters. (2) Based on the stipulation of work area and in­ terest area of port as referred to in Article 32 paragraph (1), in the port interest area, port administrator shall be obliged to: a. preserve security and order; b. provide shipping navigation auxiliary fadlity; c. provide and preserve shipping lane; d. preserve environmental conservation; and e. supervise and control the useofcoastal area. Article 36 Further provision on procedures for stipu­ lating and evaluating the work area and interest area of port shall be governed by a regulation of the Minister. CHAPrERIV THEEXECUTION OFACTlVITlE5ATPOIU Part One Public Administration ActiVity at Port Paragraph 1 General Artide37 (1) Public administration activities at the port as referred to in Article 5 letter a shall cover mini mally functions of: a. regulation.......... llA a. regulation and fostering, controlling and su­ pervision over port activities; and b. navigation safet;y and security. (2) Besides the pUblic administration activities as referred to in paragraph (1), other functions which may be executed at port shall be: a. customs affairs; b. immigration; c. quarantine; and/or d. other non-permanentpublic administration activities. Artide38 (1) The function of regulation and fostering, con­ trolling and supervision over port activities as referred to in Artide 37 paragraph (1) letter a shall be executed by port administrator. (2) The port administrator as referred to in para­ graph (1) shall consist of: a. portauthorityatcommercially managed port; and b. portadministratorunitatportsnot yet man­ agedcommercially. (3) Port authority and port administrator unit may oversee one port or more. Artide39 (1) Harbor mastershall perform the function ofnavi­ gation safety and security as referred to in Ar­ ticle 37 paragraph (1) letter b. (2) In performing the function ofnavigation safety and security as referred to in paragraph (1), harbor master shall implement, supervise and enforce law in the field ofon-water transporta­ tion, portaffairs and maritime environmentpro­ tection at port. BusinessNews 7927-7928/3-10-2010 (3) Besides performing the function as referred to in paragraph (1), harbor master shall help imple­ ment search and rescue at port in accordance with the provisions of legislation. Article 40 (1) In order to perform the function of navigation safety and security as referred to in Article 39 paragraph (1) and paragraph (3), harbor mas­ ter institution shall be established. (2) The harbor master institution shall consist of: a. Head of Port Officer; b. shipworthiness section; c. seafarer and sailing worthiness affair section; and d. order and patrol section. (3) Further provision on the organizational struc­ ture and working arrangement of harbor mas­ ter institution shall be governed by the Minister after coordinating with the state Ministry in charge ofadministrative reforms. Article 41 The customs, immigration, quarantine func­ tions and other non-permanent public administra­ tion activities as referred to in Article 37 paragraph (2) shall be executed in accordance with the provi­ sion of legislation. Paragraph 2 Port Authority Article 42 (1) The port authority as referred to in Article 38 paragraph (2) letter a shall be established at commercially managed ports. (2) Port........ 12A (2) Port authority shall have task and responsibil­ ity as follows: a. providing area in port land and waters; b. providing and preserving breakwaters, port basin, shipping lane and road network; c. providing and preserving shipping navigation auxiliary fadlity; d. guaranteeing security and order at port; e. assuring and preselVing environmental con­ selVation at port; f. formulating master plan of port as well as work area and interest area of port; g. recommending tariff for stipulation by the Minister, with respects to the use of port waters and/or land and facility provided by the government as well as port selVices pro­ vided by port authority in accordance with the provisions of legislation; and h. assuring the smooth flow ofgoods. (3) BeSidesthe task and responsibility as referred to in paragraph (2), port authority shall also provide port services needed by users, which have not been provided by port business en­ tity. (4) In certain condition, the maintenance ofbreak­ waters, port basin, shipping lane and road net­ work as referred to in paragraph (2) letter b may be executed by port business entity or ter­ minal operator for private interest, which is written down in a concession agreement. Article 43 Port Authority shall finance operational BusinessNews 7927-7928/3-10-2010 activities of port in accordance with the provisions of legislation. Paragraph 3 .Port Administrator Unit Article 44 (1) The port administrator unit as referred to in Article 38 paragraph (2) letter b shall be estab­ lished at ports not yet managed commercially. (2) The port administrator unit as referred to in paragraph (1) shall be established and respon­ sible to: a. the Minister in the case of the port adminis­ trator unit of the government; and b. governors or regents/mayors in the case of port administrator unit of regional govern­ ment. (3) In executing the function of regulation and fos­ tering, control and supervision over portactivi­ ties, the port administrator unit as referred to in paragraph (l) shall havethe task and respon­ sibility as follows: a. providing and maintaining breakwaters, port basin and shipping lane; b. providing and maintaining shipping navigation auxiliary facility; c. assuring security and order at port; d. assuring and maintaining environmental con­ servatlon at port; e. formUlating master plan of port as well as work area and interest area of port; f. assuring the smooth flow of goods; and g. providing port facilities. (4) In........... 13A (4) In certain condition, the maintenance of break­ waters, port basin and shipping lane as referred to in paragraph (2) letter b may be executed by terminal operator for private interest, which is written down in a concession agreement. Artide4S (1) Port administrator unit shall provide activities of provision and/or rendering of port services at ports not yet managed commercially. (2) The provision and/or rendering ofport services as referred to in paragraph (1) may also be done by port business entity after securing conces­ sion from port administrator unit. Paragraph 4 Port Administration Apparatus ArtIde46 Port administration apparatus shallconsistof: a. apparatus of port authority; and b. apparatus ofport administrator unit. Artide47 (1) Apparatuses of port authority and port admin­ Istrator unit as referred to in Article 46 shall constitute civil servant. (2) The apparatuses as lefen'ed to in paragraph (1) shall be obliged to have qualification and com­ petence in the field ofportaffairs in accordance with the stipulated criteria. (3) Thecapability and competence in the field ofport affairs as referred to in paragraph (2) shall con­ sift of: BusinessNews 7927-7928/3-10-2010 a. port affairs management in the field of: 1. port planning; 2. port operation; and/or 3. piloting. b. sea transport management in the field of: 1. 10adlngand unloading; 2. ship route; and/or 3. ship operation. c. knowledge ofcontract/agreement. (4) The capability and competence as referred to in paragraph (3) shall be proven by certificate of expertise achieved through port affairs educa­ tion and/or training. ParagraphS Organization and Worldng Mechanism of Port Administrator Article 48 (1}The port authority as referred to in Article 42 paragraph (1) shall be led by a chief overseeing minimally 3 (three) sections, namely: a. planning and development; b. port business; and c. operation and supervision. (2) Port authority shall be established for one port or several ports. Article 49 (1) The port administrator unit as referred to in Artide 44 paragraph (1) shall be lead by a chief overseeing minimally 3 (three) sections,namely: a. planning and development; b. port business; and c. operation and supervision. (2) Port ... 14A (2) Port administrator unit shall be established for one port or several ports. Article 50 Further provision on the organizational structure and working mechanism of port adminis­ trator and port administrator unit shall be governed by the Minister after consulting with the state min­ istry in charge of administrative reforms. by port authority and port administrator unit as referred to in Article 42 paragraph (2) letter b and Article 44 paragraph (3) letter a shall be done to prevent the current and height of wave· from affecting activities at port. (2) The provision of breakwaters shall be done in accordance with the condition of waters. (3) Breakwaters shall be maintained periodically to so as to remain working. Paragraph 6 Task and Responsibility of Port Administrator Article 51 (1) Port Authority shall provide area in the port land and waters as referred to in Article 42 para­ graph (2) letter a. (2) The area as referred to in paragraph (1) shall be controlled by the state. (3) In the case of the area needed for port con­ taining land title, the provision thereof shall be done by means of land procurement. (4) The procurement of land as referred to in para­ graph (3) shall be done in accordance with the provisionsof legislation. Article 52 The provision of area in the waters as re­ ferred to in Article 42 paragraph (2) letter a shall be done in accordance with the operational need of port and to assure navigation safety. Article 53 (1) The provision and maintenance of breakwaters BusinessNews 7927-7928/3-10-2010 Article 54 (1) The provision and maintenance of port basin by port authority and port administrator unit as referred to in Article 42 paragraph (2) letter b and Article 44 paragraph (3) letter a shall be done to ensure the smooth operation or move­ ment of ships. (2) The provision ofport basin shall be done through the development of port basin. (3) Port basin shall be maintained periodically 50 as to remain working. Article 55 (1) The provision and maintenanceof shipping lane by port authority and port administrator unit as referred to in Article 42 paragraph (2) letter b and Article 44 paragraph (3) letter a shall be done to ensure the smooth flow of ships from and to ports. (2) The provision of shipping lane shall be done through the developmentof shipping lane. (3) Shipping lane shall be maintained periodically so as to remain working. Article 56 ..... ISA Artide56 (l)Besides providing breakwaters, port basin and shipping lane, port authority shall be obliged to provide and maintain road network inside the port as referred to in Article 42 paragraph (2) letter b. (2) The provision and maintenanceof the road net­ work inside the port as referred to in paragraph (1) shall be done in accordance with the provi­ sions of legislation. Artlde57 The provision and maintenance ofshipping navigation auxiliary facility by port authority and port administrator unit as referred to In Article 42 paragraph (2) letterc and Article 44 paragraph (3) letter b shall be ruled specifically in a government regulation. Article 58 (1) Port authority and port administrator unit shall be responsible for ensuring security and order at the port as referred to In Article 42 para­ graph(2) letter d and Article 44 paragraph (3) letter c. (2) Port authority and port administrator unit may establish security and order unit at port. Article 59 Inorder to assureand maintainenvironmen tal conservation at the port as referred to in Article ..2 paragraph (2) letter e and Article 44 paragraph (3) letter d, port authority and port administrator BusinessNews 7927-7928/3-10-2010 unit shall prevent and mitigate environmental pol­ lution in the implementation ofactivities at port. Article 60 T1le masterplan of portas well as work area and interest area of port as referred to in Article 42 paragraph (2) Jetter f and Article 44 paragraph (3) letter e shall be formulated by port authority and 'port administrator unit for every location of port belonging to their responsibility. Article 61 (1) The tariff as referred to in Article 42 paragraph (2) letter g shall be recommended by port au­ thority to the Minister for every kind of port service which Is provided. (2) The recommendation of the tariff as I ete.Ted to in paragraph (l) shall be done in accordance with the provisions of legislation. Article 62 In order to ensure the smooth nowofgoods at the port as referred to in Article 42 paragraph (2) letter h and Article 44 paragraph (3) letter f, port authority and portadministrator unit shall be obliged to: a. formulate system and procedures for the pro­ vision of port service on the basis of gUidelines stipulated by the Minister; b. preservethe smooth andorder of servicefor ships and goodsas well as activities of otherparties in accordance with the system and proceduresfor providing port service already stipulated; c. supervise.......... 16A c. supervise the loading and unloading ofgoods; d. apply technology of integrated information and communications system to ensure the smooth flow of goods; and e. coordinate with related parties to ensure the smooth flow ofgoods. Article 63 (1) Port administrator unit shall provide the port fa­ cilities as referred to in Article 44 paragraph (3) letterg atports not yet managed commercially. (2) The provision and maintenance of the port fa­ cilities shall be done in accordance with master plan of port. (3) In the provision and maintenance of port facili­ ties, the application thereof shall be based on plan ofconstruction design for the main and sup­ porting facilities. (4) Port facilities shall be designed in accordance with the capability of berthing and anchorage service at port, inclUding the use ofequipment, which will be used at the port. Article 64 (1) Besides the task and responsibility as referred to in Article 42 paragraph (2), port authority shall provide and/or render port services needed by service users, which have not been provided by port business entity. (2) The activity as referred to In paragraph (1) shall cover service for ships serving smallholder ship­ ping, pioneer shipping, public facility and social facility. Business News 7927-7928/3-10-2010 Article 65 (1) The port authority and port administrator unit as referred to in Article 38 paragraph (2) shall play role as representative of the government to grant concession OI'otherkinds to portbusi­ ness entity to undertake eX~loitationactivities at port, which is written down in a agreement. (2) Concession proceeded earned by the port au­ thority as referred to in paragraph (1) shall con­ stitute state income in accordance with the pro­ visions of legislation. (3) In executing activities, the port authority as I efeiTed to in paragra~ (1) shall coordinate with regiOnal governments. Article 66 (1) In order to execute the task and responsibility as referred to in Article 42 paragraph (2), port authority shall be authorized to: a. rule and supervise the use of port land and waters; b. supervise the use of work area and interest area of port; c. regulate the traffic of ships from and to port through the piloting ofship; and d. stipulate the operational performance stan­ dard of the provision of port services. (2) The stipulated operational performance standard of the provision of port service as referred to in paragraph (1) letterd shall be evaluated every year. Article 67 . 17A Article 67 Further provision on procedures for the pro­ vision, maintenance, standards and technical speci­ fications ofbreakwaters, port basin, shipping lane, road network, and technical procedures for secu­ rity and order at port shall be governed by a regu­ lation of the Minister. PartTwo Business Activities at Port Paragraph 1 General Artide68 Business activities at port shall consist of: a. the provision and/or rendering of services for ships, passengers and goods and b. port-related services. Paragraph 2 Provision ofService for Ships, Passengers and Goods Article 69 (1) The proVision and/or rendering of services for ships, passengers and goods as referred to in Article 68 letter a shall consist of: a. provision and/or rendering of quay service for anchorage; b. provision and/or rendering of service for the filling of fuel and drinking water ser­ vice; c. provision and/or rendering ofservices for the embarkation and disembarkation facilities for passengers andIor vehIcle; BusinessNews 7927-7928/3-10-2010 d. provision and/or rendering of quay service for the loading and unloading of goods and containers; e. provision and/or rendering of service for the warehouse and hoarding place ofgoods,load­ ing and unloading equipment, aswell as port equipment; f. provision and/or rendering ofservice for con­ tainer, liqUid bulk, dry bUlk and ro-ro termi­ nal; g. provision and/or rendering ofservice for the loading and unloadingofgoods; h. provision and/or rendering of service for the distribution and consolidation center of goods; and/or l, provision and/or rendering oftug service for ships. (2) The activities as referred to in paragraph (1) shall be executed by port business entity. Paragraph 3 Port-related Services Artlde70 (1) The provision and/or rendering ofport-related services as referred to in Article 68 letterb shall include: a. provision ofwaste collection facility; b. provision of container depot; c. provision ofwarehouse; d. cleaning and maintenance service for office buikling; e. drinking water and electricity installation; f. service for thefilling ofclean waterandoil; g. provision.......... 18A 90 provision ofoffice building for the interest of port service users; h. provision ofcold storage facility; L maintenance and repairing ofships; j. packaging and labeling; It. fumigation and sanitation/repairing ofcon­ tainers; L public: b'ansport from and to port; m. waiting placeofvehicle; n. ceI1aln industrial activities; 0. commercial activities; Po provision ofplaying ground and recreational area; q. advertisementservlce; and/or r. hotel, restaurant,. tourism, postand blIe 00II1­ munialtiOIlS. (2) The activities as refetTed to in paragraph (1) shaDbe done by individual Indonesian citizen and/or business entity. Paragraph 4 PortBusinessEntity Artic:Ie71 (l)The port business entity as refetTed to in Ar­ ticle 69 paragraph (2) may undertake business activities in one terminal or several terminals inside a port. (2) In executing the business activities, the port business entityshall seaJre business license is­ sued by: a. the Minister, in the case of port business entity operating at the main port and col­ lecting port; Business News 7927-7928/3-10-2010 b. governors, in the case of port business en­ tity operating at regional feeder port; and Co Fe9f!JIb/mayors. in the case ofportbusiness entity operating at local feeder port (3) The business license as leferred to in paragraph (2) shall be granted if the port business entity complieswith thefollowing requirements: a. having taxpayercode number; b. being state-owned enterprise, regional ad­ minisbatlcM-owned enIeIprise, or limited li­ abilitycompanyesIabIlsfll!dspedfic;alIy in the port affairs field; Co having deed of establishment of company; and d. having certificate ofdomicile ofcompany. Artlde72 Port businessentityappolntedto undertake business activities at port changing in status from a port notyet managed commercially to become a commercially managed port shall be stipulated thI'ough the granting of concession from port au­ thority. Artide73 In executing the business activities at the portas referred to in Artide 71 paragraph (I), port business entity shall be obliged to: a. provide and maintain the feasibility of port fa­ dlities; b. provide service for users of port service in ac­ cordancewith the standard ofservice stipulated by the government; c. preserve . 19A c. preserve security, safety and order in terminal and port facilities which are operated; d. partldpate in preselVing safety, security and order related to on-waters transport; e. preselVe environmental conselVation; f. abide by obligations in accordance with conces­ sion In agreement; and g. abide by the provisions ofnational and intema­ tIonallegisiation. ParagraphS ConcesAonorotherForm Artide74 (1) Concession shall be granted to port business entity for the need of provision and/or render­ ing of selVices for ships, passengers and goods as referred to in Artide 69 paragraph (1), which is written down in the form ofan agreement. (2) The concesAon shall be granted to the port busi­ ness entity as referred to in paragraph (1) through tender mechanism in accordance with the provisions of legislation. (3) The period of the concession as referred to in paragraph (1) shall be adjusted to the return­ ing of investment funds and fair profit. (4) The agreement as referred to in paragraph (1) shall contain at least: a. scope ofbusiness; b. period ofbusiness concession; c. Initial tariff and formula oftariffadjustment; d. rights and obligations of parties, including risks borne by parties, wherein the alloca­ tion of risks shall be based on efficient and balancing risk allocation principles; BusinessNews 7927-7928/3-10-2010 e. standard of selVice performance as well as procedures for handling public complaints; f. sanctions In the case of parties not abiding by business agreement; g. settlement of dispute; h. discontinuation or termination of business agreement; . L law system effective for the business agree­ ment is Indonesian law; j. force majeure; and Ie. amendments. Article 75 (1) In the case of the concession period already expiring, port facilities resulting from the con­ cession shall shift or be returned to port admin­ istrator. (2) The port facilities already shifting to the port administrator as referred to in paragraph (1) shall be managed by port business entity for the need of provision and/or rendering of selVices for ships, passengers and goods on the basis business cooperation through tender mecha nisin. (3) In executing business activity at port, the port business entity already stipulated through the mechanism of tender as referred to in para graph (2) shall complywith the provisionsof leg­ islation. (4) The business cooperation as referred to in para­ graph (2) shall apply for a maXimum period of 30 (thirty) years as from the signing ~ate of the agreement on busInesscooperation. Artide76 ... Article 76 (1) In providing and/or rendering the port-related services as referred to in Article 70 paragraph (1), port administrator may promote joint co­ operation with Indonf'sian citizen and/or busi­ ness entity. (2) The cooperation as referred to in paragraph (1) may be executed in the form of: a. rental of land; b. rental of warehouse; and/or c. rental of hoarding place. (3) The rental as referred to in paragraph (2) shall be executed in accordance with the provisions of legislation. Article 77 Income from concession and compensation received by port administrator shall constitute state revenue, which is utilized in accordance with the provisions of legislation. Article 78 Further provision on requirements and pro­ cedures for the granting and revocation of conces­ sion as well as cooperation shall be governed in a regUlation of the Minister. CHAPTERV DEVElOPMENTANDOPERAllON OFPORT Part One Licenseto Build Port Article 79 Port may only be built on the basis of the National Port Master Plan and Port Master Plan. BusinessNews 7927-7928/3-10-2010 20A Article 80 (1) Port administrator shall build seaport after se­ curing license. (2) Port administrator shall submit application for the license as referred to in paragraph (1) to: a. the Minister, in caseof the main port and col­ lecting port; b. governors, in the case of regional feeder port; and c. regents/mayors, in the case of local feeder port. (3) The application for the license as referred to in paragraph (2) shall comply with port technical and environmental conservation requirements. Article 81 (1) Port administrator shall build river and lake port after securing license. (2) Port administrator shall submit application for the license as referred to in paragraph (1) to regents/mayors. (3)The application for the license as referred to in paragraph (2) shall comply with port tech­ nical and environmental conservation require­ ments. Article 82 (1) The port technical requirements as referred to in Article 80 paragraph (3) and Article 81 para­ graph (3) shall indud.e: a. feasibility study; and b. technical design. (2lThe............ 21A (2) The feasibility study as referred to in paragraph (1) letter a shall contain at least: a. technical feasibility; and b. economic and financial feasibility. (3) The technical design as referred to in paragraph (1) letter b shall contain at least: a. soil condition; b. construction; c. hydro oceanographic condition; d. topography; and e. placement and construction ofshipping-naVi­ gation auXiliary facilities, shipping lane, and port basin as well as layout and capacity of equipment at the port. Artide83 The environmental conservation require­ ment as referred to in Artide 80 paragraph (3) and Article 81 paragraph (3) shall be in the form of en­ vironmental study Which is executed in accordance with the provisions ofenVironmental legislation. Artide84 The submitted application as referred to in Ar­ tide 80 paragraph (3) and Artide 81 paragraph (3) shall be accompanied by documents consisting of: a. port master plan; b. feasibility document; c. documentof technical design; and d. enVironmental document. Article 85 (1) Based on the application as referred to in Business News 7927-7928/3-10-2010 Article 80 paragraph (2) and Article 81 para­ graph (2), the Minister, governors or regents/ mayors by virtue of their authority shall exam­ ine the requirements for application for the de­ velopment of port in not later than 30 (thirty) wor1dng days as from the date of receipt ofcom­ plete application. (2) In the case of result of the examination show­ ing that the requirements as referred to in Ar­ ticle 82 and Article 83 have not been fulfilled, the Minister, governors or regents/mayors shall return the application to port administrator so that the requirements are fulfilled. (3) The returned application as referred to in para­ graph (2) may be submitted again to the Minis­ ter, governors or regents/mayors by virtue of their authority (4) In the case of result of the examination show­ ing that the requirements as referred to In para­ graph (1) and paragraph (3) have been fulfilled, the Minister, governorsor regents/mayors shall stipulate license to build port. Article 86 Further provision on procedures for the is­ suance of license to build port shall be governed by a regulation of the Minister. PartTwo Realization ofPort Development Article 87 (1) Port may be built by: a. port authority, in the case of the port being managed commercially; and b.oort......... 22A b. port administrator unit, in the caseofthe port being not yet managed commercially. (2) The development of the port as referred to in paragraph (1) lettera may be done by port busi­ ness entity on the basis of concession or other form from port authority. (3) In building the port, the port authority and port administrator unit as referred to in paragraph (1) as well as port business entity as referred to in paragraph (2), shall be obliged: a. implement work of port development in not Iaterthan2(two)yearsasfromtheclatewhen the development license starts to apply; b. implement work of port development in ac­ cordance with the stipulated port master plan; c. report the realization of port development activities periodically to the Minister, gover­ nors or regents/mayors by virtue of their authority; and d. be responsible for impacts arising from the development of the said port. Artide88 (1) T1ledevelopment 0 fadlitleson the mainland side of the port which is executed on the basis of port master plan may be realized after securing license to erect buHcllng In accordance with the provisions of legislation. (2) The developmentoffadlitles on the waters side of the port which Is executed on the basis of port master plan may be done after develop­ ment license from the Minister. Business News 7927-7928/3-10-?010 Part Three Port Expansion Artide89 Port may only be expanded on the basis of the national port master plan and portmasterplan. Artide90 (1) Port shall be expanded by port administrator after securing license. (2) The application for the license as referred to in paragraph (1) shall be submitted by port ad­ ministrator to: a. the Minister, in case of the main port and collecting port; b. governors, in the case of regional feeder port; and Co regents/mayors, in the case of local feeder port as well as river and lake port. Article 91 (1) The license as referred to in Artide 90 para­ graph (2) shall be issued on the basis ofappli­ cation from port administrator. (2) T1leapplication as referred to in paragraph (1) shall be accompanied by the complete docu­ ments as referred to in Artide 84. Artide92 (1) Based on the application as referred to in As­ tide 91, the Minister, governorsorregents/mav­ ors by virtue of their authority shall examine the requirements for application for the expan­ sion ofport in not later than 30 (thirty) working days .. 23A days as from the date of receipt of complete application. (2) In the case of result of the examination show­ ing that the .requirements as referred to in Ar­ tide 83 have notbeen fulfilled, the Minister, gov­ ernors or regents/mayors shall return the ap­ plication to port administrator so that the re­ quirements are fulfilled. (3) T11e returned application as referred to in para­ graph (2) may be submitted again to the Minis­ ter, governors or regents/mayors by virtue of their authority (4) In the case of result of the examination show­ ing that the requirements as referred to in para­ graph (1) and paragraph (3) have been fulfilled, the Minister, governorsor regents/mayors shall stipulate license to expand the port. Article 93 Further provision on procedures for the is: suance of license to expand port shall be governed by a regulation of the Minister. Part Four Port Operation Article 94 (1) Port administrator shall operate port after se­ curing license. (2) Application for the license as referred to in para­ graph (1) shall be submitted by port adminis­ trator to: BusinessNews 7927-7928/3-10-2010 a. the Minister, in the case ofthe main port and collecting port; b. governors, in the case of regional feeder port; and c. regents/mayors in the case of local feeder port and river and lake port. (3) The submitted application for the license as re­ ferred to in paragraph (2) shall comply with the following requirements: a. development of port or terminal has been completed in accordance with the license to build the port as referred to in Article 85 paragraph (4); b. navigation safety and security; c. the availability of facilities to assure the smooth flow of passengers and goods; d. having environmental management system; e. the availability ofoperatorofport activities; f. haVing service system and procedure; and g. the availability ofhuman resources in the field of technical operation of the port that have qualification and competence proven by cer­ tificate. Article 95 (1) The license as referred to in Article 94 shall be granted on the basis of application submitted by·port administrator. (2) The application as referred to in paragraph (1) shall be accompanied by'the complete docu­ ments required to fulfill the requirements as re­ ferred to in Article 94 paragraph (3). Artide96.......... Article 96 (1) Based on the application as referred to in Ar­ ticle 95 paragraph (2), the Minister, governors or regents/mayors by virtue of their authority shall examine the requirements for application for operating the port in not later than 30 (thirty) working days as from the date of re­ ceipt of complete application. (2) In the case of result ofthe examination show­ ing that the requirements as referred to in Ar­ ticle 94 paragraph (3) have not been fulfilled, the Minister, governors or regents/mayors shall return the application to port administrator so that the requirements are fulfilled. (3) The returned application as referred to in para­ graph (2) may be submitted again to the Minis­ ter, governors or regents/mayors by virtue of their authority (4) In the case of result of the examination show­ ing that the requirements as referred to in para­ graph (3) have been fUlfilled, the Minister, gov­ ernors or regents/mayors shall stipulate license to operate the port. Article 97 (1) The port shall be operated in accordance with the frequency of ship visit, loading and unload­ ing ofgoods and embarkation and disembarka­ tion of passengers. (2) The operation ofthe port as referred to in para­ graph (1), may be enhanced continuously for 24 (twenty four) hours in one day or during specified period in accordance with the need. BusinessNews 7927-7928/3-10-2010 24A (3) The operation of the port as referred to in para­ graph (2) shall be done with the provision that: a. the frequency of ship visit, lOading and un­ loading of goods and embarkation and dis­ embarkation of passenger increase; and b. navigation safety, port and sea traffic facili­ ties are available. Article 98 (1) The port as referred to in Article 97 paragraph (2) shall be operated after securing license. (2) Application for the license as referred to in para­ graph (1) shall be submitted by port adminis­ trator to: a. the Minister, in the case of the main port and collecting port; b. governors, in the case of regional feeder port; and c. regents/mayors in the case of local feeder port and river and lake port. (3) The submitted application for the license as re­ ferred to in paragraph (2) shall comply with re­ quirements: a. readiness of lane condition; b. readiness of piloting service for port waters already stipulated as compulsorily piloted wa ters; c. readiness ofport fadlities; d. readiness of warehouse and/or other fadli­ ties outside port; e. readiness of security and order; f. readiness ofoperational human resources in accordance with the need; g. readiness......... g. readiness of personnel loading and loading goods and embarking and disembarking pas­ sengers or vehicle; h. readiness of land transport facility; and L recommendation from port officer at the lo­ cal port. Article 99 The operational capability of port facilities at seaport may be enhanced from facility serving general cargo to become facility serving the trans­ portation ofcontainer and/or liquid bulk or dry bulk. ArtidelOO (1) The enhancement of operational capability of port facility to serve container and/or bulk transport or dry bulk as referred to in Article 99 shall be stipulated by the Minister after ful­ filling requirements. (2) Requirements for serving the transportation of containers as referred to in paragraph (1) shall be as follows: a. having service system and procedure; b. having human resources with adequate quantity and quality; c. permanent anchorage fadlity is available for the first generation ship a; d. installed and mobile equipment handling the loading and unloading of containers (con­ tainer crane) is available; e. container yard and container freight sta­ tion are available in accordance with the need; Business News 7927-7928/3-10-2010 25A f. reliability ofoperational system uses on-line information networks internally and exter­ nally;and g. cargo volume is adequate. (3) requirements for serving the transportation of liquid bulk and/or drybulk as referred to in para­ graph (1) shall beas follows: a. having service system and procedure; b. haVing human resources with adequate quantity and quality; c. readiness ofpermanent anchorage facility in accordance with kind of ship; d. the availability of equipment loading and unloading bUlk; e. having waters with adequate depth; and f. reliability of operating system uses on-line information networkinternally and externally. Article 101 (1) The stipulation as referred to in Article 100 paragraph (1) shall be granted on the basis of application submitted by port administrator. (2) The application as referred to in paragraph (1) shall be accompanied by documents required to fulfill the requirements as referred to in Article 100 paragraph (2) and paragraph (3). Article 102 (l) Based on the application as referred to in Ar­ ticle 100 paragraph (2) and paragraph (3), the Minister shall examine the requirements in not later than 30 (thirty) working days as from the date of receipt of complete application. C2lIn. .. (2) In the case of result of the examination show­ ing that the requirements as referred to in Ar­ tide 100 paragraph (2) and paragraph (3) have not been fulfilled, the Minister shall return the application to port administrator so that the re­ quirementsare fulfilled. (3) The returned application as I eferred to in para­ graph (2) may be submitted again to the Minister. (4) In the case of result of the examination show­ ing that the requirements as referred to in para­ graph (1) and paragraph (3) have been fulfilled, the Minister shall stipulate license to the en­ hancementofoperational capability of the port facilities. Artidel03 Port administrator already securing license to operate port shall be obliged to: a. hold responsibility fully for the operation of the said port or terminal; b. report operational activity every month to the Minister, governors or regents/mayors by vir­ tue of their authority; c. abide by the provisions of legislation in the field ofshipping and environmental conservation af­ fairs; and d. abide by the provisions of legislation related to their main business,which is issued byothergov­ ernment institutions. Artide104 Further provision on the requirements, pro­ cedures to issuing operational license, stipulating BusinessNews 7927-7928/3-10-2010 26A the enhancement of port operation, and enhance­ mentofoperational capabilityofport facilities shall be governed by a regulation ofthe Minister. Part Five Stipulation ofLocation, Development and Operation of Certain Mainland Area Functioning As Port Artidel0S (1) A specified mainland area may be stipulated as a location functioning as port on the basis of application. (2) Application for stipulating the specified mainland area as referred to in paragraph (1) shall be submitted by administrator of the main port which will become principal port thereof to the Minister. Artidel06 (1) Based on the application as referred to in Ar­ ticle 105 paragraph (2), the Minister in not later than 30 (thirty) working days as from the date of receipt of the application shall examine: a. the availabilityof lane linking to portwhich is opened for foreign trade; b. production and trading potentials of the area already developed; and c. conformance to provindallayoutplan and re­ gental/municipal layoutplan. (2) In the case of result of the examination as re­ ferred to in paragraph (1) showing that the re­ quirements are not fulfilled, the Minister issue a letter of rejection in writing to the applicant, accompanied byreason for the rejl!Ction. (3) In.......... 27A (3) In the case of result of the examination as re­ ferred to in paragraph (1) showing that the re­ quirements are fulfilled, the Minister shall stipu­ late the specified mainland area as a location functioning as port. Article 107 (1) The specified mainland area already stipulated as a location functioning as the port as referred to in Article 106 paragraph (3) may be devel­ oped after securing license. (2) Application for the license as referred to in para­ graph (1) shall be submitted by administrator of the main port becoming the principal port thereof to the Minister. (3) The submitted application for the license as re­ ferred to in paragraph (2) shall comply with the following requirements: a. securing license to stipulate specified main­ land area as a location functioning as port from the Minister; b. controlling land with certain size as work area; and c. having infrastructure and facility so as to be able to function as port located in the main land. (4) Based on the application as referred to in para­ graph (2), the Minister shall examine the re­ quirements for application for the development in not later than 30 (thirty) days as from the date of receipt of complete application. (5) In the case of result of the examination show­ ing that the requirements as referred to in BusinessNews 7927-7928/3-10-2010 paragraph (4) have not been fulfilled, the Min­ ister shall return the application to port ad­ ministrator so that the requirements are ful filled. (6) 11Iereturned application as referred to in para­ graph (5) may be submittedagain to the Minis­ ter after the requirements are completed'~ (4) In the case of result of the examination sha.w­ ing that the requirements as I e....ed to in pat:ar graph (6) llavebeen fulfilled, tlieMinistershall issue licenseto administrator of'lhe main port becoming th&.priRcipaJ port thereof to develop the specified maiIIland area functioning as a port. Adidel08 (1)11Ie port as referrecltoin Article 107 paragraph (7) shall be operated after securing license. (2) Application for the license as referred to in para­ graph (1) sball be submitted administrator of the main port becomingthe prioolllBlportthereof to the Minister. (3) The application for the license asreferred tea. paragraph (2) shall comply willi the followiilg requirements: a. the development of the port has been com­ pleted in accordance with the develepment license as referred to in Article 107 para graph (7); b. shipping security, order and safety; c. personnel executing port activities are avail able; d. having......... d. having service system and procedure; and e. the availabilityofhuman resources in the field of technical operation of port that have qualification and competence, proven by cer­ tificate. (4) Based on the application as referred.to in para­ graph (2), the Minister shall examine the re­ quirements for application for the operation in not later than 30 (thirty) days as from thedate of receipt ofcomplete application. (5) In the case of result of the examination show­ ing that the requirements as referred to in para­ graph (4) have not been fulfilled, the Minister shall return the application to port administra­ tor so that the requirements are fulfilled. (6) The returned application as referred to in para­ graph (5) may be submitted again to the Minis­ ter after the requirements are completed. (7) In the case of result of the examination show­ ing that the requirements as referred to in paragraph (4) and paragraph (6) have been fulfilled, the Minister shall stipulate the opera­ tion of the speclfiedmainland area functioning as a port. Article 109 Further provision on procedures for stipu­ lating location, licensing of development and issu­ ing license to operate the specified mainland area functioning a port shall be governed by a regula­ tion of the Minister. Business News 7927-7928/3-10-2010 28A CHAPT'ERVI SPEaALTERMINALANDT ERMINALFORPRIVATEINTEREST Part One SpecialTerminal Article 110 (1) In order to support certain activities outside the work area and interest are of seaport as well as river and lake port, special terminal may be built for personal interest to support the main business activity thereof. (2) Thespedalterminal asreferred lD in paragraph(1): a. shall be stipulated as part of the nearest port; b. shall be obliged to have certain work area and interest area; and c. shall have government institution perform­ ing the function of navigation safety and se­ curity as well as institutions performing ad­ ministration function placed in accordance with the need. Article 111 The special terminal may only be built and operated if: a. the nearest port is unable to accommodate the main actiVity of the government institutions or business entities; and b. the terminal is deemed more effective and ef­ ficient and better guaranteeing navigation safety and security on the basis of economic and technical operational considerations. Article 112 . 29A Artide112 The Minister shall stipulate the location of special terminal which will be built in accordance with provincial layout plan and regental/municipi!1 layout plan. Article 113 The special terminal may be managed by the government, provincial government, regental/mu­ nicipal government or business entity as the man­ agement of special terminal. Article 114 The managementofspecial terminal shall be sUbjectport service fee in accordance with the pro­ visions of legislation. Article 115 (1) Special terminal shall be obliged to have certain work area and interest area. (2) The certain work area and interest area as re­ ferred to in paragraph (1) shall be used for: a. hoarding place; b. loading and unloading activities; c. shipping land and ship track; d. ship movement; e. emergency purpose; and f. berthing place ofships. Artfde116 The management of special terminal shall be obliged to provide and maintain shipping navigation aUXiliaryfadlilies, portbasin, shipping lane, anchoring Business News 7927-7928/3-1Q-2010 facility and other port facilities as well as facilities needed for public administration activities in the special terminal. Article 117 (1) Special terminal shall be built by management of speclal terminal on the basis of license from the Minister. (2) The license as referred to in paragraph (1) shall be issued on the basis of application which shall comply with: a. administration requirement; b. port technical requirement; c. naVigation safety and security requirement; and d. environmental censervatlonrequlrement, (3) The administrative requirement as referred to in paragraph (1) letter a shall cover: a. deed of establishment of company; b. license of the main business from related in stitution; c. taxpayer code number; d. evidence of land control; e. evidence offinancial capability; f. proposal ofshort. medium and long-term plans for the phases ofdevelopment activities; g. recommendation from port office at the near­ est port. (4) The port technical requirement as referred to in paragraph (1) letter b shall include: a. hydrographic, topographic pictures and summary of report on result of low tidal ad current survey; b.layout......... 30A b. layout of pier; c. calculation and construction picture of the main structure; d. result of topographic survey; e. result of study on shipping safety, including shipping land and port basin; f. boundaries of the planned mainland and wa­ ters areas furnished with geographic COOr­ dinate points as well as master plan of spe­ cial terminal to be stipulated as certain work area and interest area; and g. environmental analysis. (S)The requirement for shipping safety and secu­ rity as referred to in paragraph (1) letter C,shall cover: a. shipping lane; b. portbasin; c. plan for the placement of shipping naviga­ tion auxiliary facilities; d. plan for the flow of ship visit. (6) The requirement for environmental conserva­ tion as referred to in paragraph (2) letterd shall be in the form ofenvironmental study which is executed in accordance with the provisions of environmental legislation. Article 118 (1) Based on the application as referred to in Ar­ ticle 117 paragraph (2), the Minister shall ex­ amine the requirements for application for the developmentofspecial terminal in not later than 30 (thirty) days as from the date of receipt of complete application. BusinessNews 7927-7928/3-10-2010 (2) In the case of result of the examination show­ ing thattherequirements as referred to in para­ graph (1) have not been fulfilled, the Minister shall return the application to special port a.d­ ministratorsothatthe requirementsare fulfilled. (3) The returned application as referred to in para­ graph (2) may be submitted again to the Minis­ ter after the requirements are completed. (4) In the case of result of the examination show­ ing that the requirements as referred to in para­ graph (1) and paragraph (3) have been fulfilled, the Minister shall stipulate license to build spe­ cial terminal. Artide119 In the developmentofspecial terminal, the administratorofthe special terminal shall be obliged to: a. implementdevelopmentworks ofspecial termi­ nal in accordance with the stipulated schedUle; b. hold responsibility for impacts arising from the development of the special terminal; c. realize development work in not later than one year as from the issuance of development Ii censei d. report result of developmentactivityofspecial terminal periodically to administrator of the nearest port; and e. abide by the provisions of legislation. Article 120 (1) Special terminal shall be operated after secur­ ing license from the Minister. (2lThe.....II.. 31A (2) The license as referred to in paragraph (1) shall be granted on the basis ofapplication from spe­ cial terminal administrator after fulfilling the fol­ lowing requirements: a. development of speciat terminal has been completed in aCCOrdance with the issued de­ velopment license as referred to In Article 117 paragraph (1); b. navigation security, order and safety; c. report on the implementation ofenvironmen­ tal study; d. having service system and procedure; and e. the availability of human resources in the field of port operation technical affairs that have qualification and competence, proven by cer­ tificate. Article 121 (1) Based on the application for the license as re­ ferred to in Article 120 paragraph (2), the Min­ ister shall examine the requirements for appli­ cation for the operation of special terminal in not later than 30 (thirty) days as from the date ofreceipt ofcomplete application. (2) In the case of result of the examination show­ ing that the requirements as referred to in paragraph (1) have not been fulfilled,. the Min­ ister shall return the application to special port administrator so that the requirements are ful­ filled. (3) The returned application as referred to in para­ graph (2) may be submitted again to the Minis­ ter after the requirements are completed. BusinessNews 7927-7928/3-10-2010 (4) In the case of result of the examination show­ ing that the requirements as referred to in para­ graph (1) and paragraph (3) have~ fulfilled, the Minister shall stipulate license to operate special terminal. Artide122 (1) The license to operate special terminal as re­ ferred to in Article 120 paragraph (1) shalf be granted for a period of 5 (five) years and may be extended in so far as the requirements as referred to in Article 110 and Article 111 are fulfilled. (2) Application for the extension of license to oper­ ate special terminal shall be submitted by ad­ ministratorof the special terminal to the Minis­ ter by enclosing evidence of the fulfillment of the requirements as referred to in paragraph (1). (3) The Minister may approve or reject the applica­ tion for the extension of license to operate as referred to in paragraph (2) in not later than 30 (thirty) days as from the date of receipt of complete application. Article 123 Administrators of special terminals already securing operational license shall be obliged to: a. hold responsibility fully for the operation of the special terminals; b. report operational activity every month to the licensor; c.abide . 32A c. abide bythe provisions of legislation In the navi­ gation and environmental conservation fields; and d. abide bythe provisions of legislation from other government institutions related to their main bull Artlde124 (1) Special terminal may not be used for public in­ terest, unless othelWise in emergency condition by license from the Minister. (2) The emergency condition as referred to in para­ graph (1) may be in the form of: a. natural disasteror other natural events thus making port notworking; or b. port and adequate transport mode have not been available in the said region or the near­ est port is unable to serve port service be­ cause of the limited capability ofthe existing facilities thus affecting the smooth flow of goods. (3) The licenseto utilize special terminal as referred to in paragraph (1) may only be granted if the facilities available in the said terminal are able to guarantee navigation safety and provision of port service. (4) The use of special terminal for public Interest shall be only temporary and in the case of port being already functioning again to serve public interest:. the license to utilize special terminal for public interest shall be revoked. Business News 7927-7928/3-10-2010 (5) The use of special terminal as referred to in paragraph (2) letter b shall be done on the ba­ sis.ofcooperation between port administrator and special terminal administrator. Artldel2S (l)SpedaI terminal shall operate in accordance with the frequency of ship visit,. loading and unload­ ing ofgoods and embarkation and disembarka­ tion of passengers. (2) The operation ofthe special terminal as referred to in paragraph (1) may be enhanced continu­ ously for 24 (twenty four) hours in one day or during specified period in accordance with the need. (3) The enhancementofoperation ofspecial termi­ nal as referred to in paragraph (2) shall be done with the provision that: a. frequency of ship viSit,. loading and unload­ ing ofgoods and embarkation and disembar­ kation ofpassengers increase; and b. navigation safety, port and sea traffic facili­ ties are available. Artlde 126........."" ( To be continued ) ===( R )=== 31A PORT AFFAIRS (Government Regulation Number 61 Year 2009 dated October 20, 2009) [Continued from Business News No. 7927-7928 pages 10A-32A) Article 126 (1) The Minister may stipulate the enhancement of operational service of the special terminal as re­ ferred to in Article 125 paragraph (2) on the basis of application from administrator of the special terminal. (2) The stipUlation as referred to in paragraph (1) shall be granted after fulfilling the following re­ quirements: a. readiness of lane condition; b. readiness ofpiloting service in waters of spe­ cial terminal already stipUlated as cOmpulso­ rily piloted waters; c. readiness of facilities of special terminal; d. readiness of warehouses and/or other fa­ cilities outside the special terminal; e. readiness of security and order; f. readiness ofoperational human resources in accordance with the need; BusinessNews 7929/3-12-2010 g. readiness of personnel loading and unload­ ing goods and embarking and disembarking passengers or vehicle; h. readiness of land transport facility; and L recommendation from harbor master of the nearest port. Article 127 Special terminals Which are not operated anymore in accordance with the issued license: a. may be transferred to the government, provin­ cial governments or regental/municipal govern­ ments; b. shall be returned to the original condition; c. shall be recommended to change in status to become special terminal supporting the other main.business; or d. shall be converted into a port. Article 128~ .. 32A Artide128 (1) Operational license of special terminal may only be transferred in the case of the main business thereof being transferred to other party. (2) The transfer of the operational license of spe­ cial terminal as referred to in paragraph (1) shall be reported to the Minister. (3) In the case of any change in data about the operational license as referred to in paragraph (1), administrator of the special terminal shall report the change to the Minister for adjust­ ment in not later than 3 (three) monthsfollow­ ing the change. Artide129 (1) The special terminals transferred to the gov­ ernment, provincial governments or regental/ municipal governments as referred to in Artide 127 letter a may change in their status to be­ come a port after complying requirements: a. in accordance with the national port master plan; b. economically, technically and operationally feasible; Co setting up or establishing port business en tity; d. securing concession from port authority; e. navigation security, order and ~fety; and f. environmental conservation. (2) In the case of a special terminal €hanging in status to become a commercially man<lgedport, mainland and/or waters area, breakwaters, port basin, shipping lane and navigation safety BusinessNews 7929/3-12-2010 aUXiliary facilities controlled and owned by ad­ ministrator of the special terminal as referred to in paragraph (1) shall be controlled by the state and governed by port authority. (3) The granting of concession and transfer as re­ ferred to in paragraph (1) and paragraph (2) shall be done on the basis ofagreementbetween port authority and administratorofspecial ter­ minal. Artide130 Thespedal terminals transferred to the gov­ ernment, provindalgovernments or regental/mu­ nicipal governments as referred to in Article 127 lettera shall be administered by port administrator unit. Artide131 (1) The license to operate special terminal may be revoked in the case of the licensee: a. violating the provision as referred to in AI'­ tide 123; or b. utilizing the special terminal to serve public interest without the license as referred to in Article 124 paragraph (1). (2) The revocation of the operational license as re­ ferred to in paragraph (1) shall be done after issuing written warning 3 (three) timesconsecu­ tively ata time interval of one month each. (3) In the caseof the warning as referred to in para­ graph (2) being already issued and holder of special terminal license notmaking improvement in accordance with the iSSUed warning, the li­ cense to operate the special terminal shall be reVOked. Article 132......... 33A Article 132 The operational license of special terminal shall be revoked without issuing the warning in the case of administratorof the special terminal: a. undertaking activities endangering state secu­ rity; or b. securing license to operate special terminal ille­ gitimately. Article 133 (1) The fostering, control and supervision over the operational activities of special terminal shall be done by harbormaster at the nearest port. (2) The safety function in special terminal shall be executed by harbormaster at the nearest port. Article 134 Further provision on requirements, proce­ dures for stipulating location, issuing development license and operational license, using special termi­ nal for pUblic interest, enhancing operational capa­ bility, changing status to become port, procedures for revoking license of special terminal and trans­ fer ofspecial terminal shall be governed by a regu­ lation of the Minister. Part Two Terminal for Private Interest Article 135 (1) In order to support certain activities inside work area and interest area of port, special terminal for private interest may be built. BusinessNews 7929/3-12-2010 (2) The terminal for private interest shall be man­ aged as a totality in the operation of port. Article 136 (1) The management of terminal for private inter­ est may only be done after securing manage­ ment approval from: a. the Minister, in the case of the terminal for private· interest being located inside work area and interest area of the main port and collecting port; b. governors, in the case of the terminal for pri­ vate interest being located inside work area and Interest area of regional feeder ports; and c. regents/mayors, in the case of in the case of the terminal for private interest being lo­ cated inside work area and interest area of local feeder ports. (2) The management approval of terminal for pri­ vate interest as referred to in paragraph (1) shall bestipulated after complying the following. reqUirements: a. corporate data, covering corporate deed, taxpayer code number and core business Ii­ cense; b. evidence of cooperation With pOrt adminis­ trator; c. layout picture of location of terminal for pri­ vate interest with adequ;lte scale, picture of pier construction, and geographic coordinate of location of pier for private interest; d. evidence ofland eontrol; e. proPOSal......... 34A e. proposal of terminal for private interest; f. recommendation from harbormasterat local port; g. account of result of site inspection by inte­ grated technical team; and h. environmental study already legalized by the auIhoI ized offidal in accordana! wittI the pr0­ visions oflegislation. Artide137 (1) In order to secure the management approval of terminal for private interest" applicantshall sub­ mitapplication to the Minister, governorsor re­ gents/mayors by virtue of their authority. (2) TheMinister, governorsor regents/mayors shall grant the approval or rejection to application for the management of terminal for private in­ terest as referred to in paragraph (1) in not laterthan 30 (thirty) working days as from the dateof receipt of complete application. (3) The rejection of application for the license as referred to in paragraph (2) shall be accompa­ nied by reason for rejection. Artide138 Administrators of terminals for private in­ terest shall be obliged to provide adequate work roomand facilities for facilitating publicadministra­ tion activities. Artide139 (1) Tennlnals for private Interest may only be 0p­ erated for: a. trafticofshipsorembalbtion/d1sembarka­ tion of passengers or loading/unloading goods In the fonn of raw materials, produc:­ tion results, and equipment supporting pnIducIion far private Interest< and • ua 7t2I/S-U-201O b. public administration, research, education and training and social activities. (2) The activities as referred to in paragraph (1) leiter a shall be proven by documents of pas­ sengers and/or freights. Article 140 (1) Besides serving the activities as I eferred to in Article 139 paragraph (1), terminals for private interests may be utilized for oth$" activities for the need of public interest after securing con­ cession from port administrator. (2) The concession as referred to in paragraph (1) shall be granted after the following require­ ments are fulfilled: a. the pier and other facilities are capable of fulfilling demand for port services; b. the planned activities are examined from as­ pects of navigation security, order and safety with recommendation from harbor master at localporti c. efforts are taken to enhance service for us­ ers of port servicesi d. port service fee is collected by the said port administrator; and e. provisionson system and procedures for pr0­ viding port service are applied at the said port. Article 141.,u"",,'" (To be continued ) ===(R )=== 28A PORT AFFAIRS (Government Regulation Number 61 Year 2009 dated October.20, 2009) [Continued from Business News No 7929 pages 31A-34A) Article 141 In the case of the occurrence of natural dI­ sastersor other incidents making terminal notwork­ ing, administrator ofthe terminal for private inter­ est shall be obliged to provide port service for pub­ lic interest with the provision that: a. the terminal is operated by port administrator; b. rights and obligations of administrator of the ter­ minal for private interest must be protected; c. provisions regarding the provision of port ser­ vice is applied to port service; and d. port administrator mllects port service fee. Article 142 In managing pier, administrators of termi­ nals for private interest shall be obliged to: a. hold full responsibility for impacts arising from the deYelopmentand operation ofthe terminals; b. report operational activities of the terminals for private interest to port administrator periodi­ cally; c. abide by the provisions of legislation in the field of port affairs, on waters transportation, navi­ gation safety, dredging and reclamation as well asenvironmental management; and d. abide by the provisions of legislation from other government institutions related to their mre business. Article 143 (1) The approval of the managementofterminal for private interest shall be revoked if the adminis­ trator: a. violates the provision as referred to in Ar­ tide 142; BusinessNews 7930-7931/3-17-2010 b. use terminal for private Interest to serve public interest without the mncesslon as re­ ferred to in Article 140 paragraph (2). (2) The approval of the management ofthe termi­ nal as referred to in paragraph (1) shall be re­ voked following the issuance of written warn­ ing 3 (three) times consecutively with time In­ terval one month respectively. (3) In the case of the warnings as referred to In paragraph (2) being already issued and admin­ istrator ofterminal for private Interest not mak­ ing improvement In acmrdance with the Issued warnings, the approval of management of ter­ minal for private interest shall be revoked. ArtiCle 144 Further provision on procedures for grant­ ing approval ofmanagementof terminal for private interest shall be governed by a regulation of the Minister. CHAPTERVII TARIFF Article 145 Every port service shall be charged with tariff in acmrdance with the provided service. Artide146 The amount of tariffon port service shall be stipulated on the basis of: a. interest of public service; b. enhancement of the quality of port service; c. interest of service users; d. enhanceinent of smooth provision of service; e. mst remvery; and f. business deyelopment Artlde 147",,,,,,, 29A Artlde147 (1) Tariff on the use of waters and/or mainland as well as Port service admlnlsb!lred by port au­ thority shall be stipulated by the portauthority after consulting with the Mlnisblr. (2) TlJrttfon port service managedby portbusiness entity shall be stipulated by the port business entity on the bastsofkind, str1IGtUnt and group of tarift' stipulated by the Minister and shall con­ stitute income of the port business entity. (3) Tariff on port service for ports not managed commercially by thegovemmentshall be stipu­ lated by a government regulation and shall con­ stitute non-tax state receipt. (4) Tariff on port service for ports managed by pro­ vlnc:ialgovemmentsand~/munlcipalgov­ ernments shall be stipulated regional regulation and shall constitute regional revenue. ArtIdel48 Further provision on kind, structure and group of tarift' on port service, mechanism ofstipu­ lation of tariff related to the use of waters and/or waters and port service as well as tariff on port sel vice managed by port business entity shall be governed by a regulation ofthe Minister. OtAPTERVID SPEaALPORTANDlERMINALOPENED FORINIERNATIONAL1RADE Artldel49 (1) In order to support the smooth execution of In­ ternational trade. certain main ports and spe­ daI terminals may bestipulatedas ports opened for International trade. (2) The stipulation as referred to in paragraph (1) shall be done on the basis of considerations about: iI. growth and developments of national economy; Business News 7930-7931/3-17-2010 b. interest of internationaftrade; Co Interest of national sea transport capacity delfelopment,; d. geographic position located on international shipping route; e. national portorderwritten clown IntD national port master plan; f. port fadlity; g. state security and sovereignty; and h. other national interest. Artlde 150 (1) The port as referred to InArtlde 149 paragraph (1) shall be stipulated by the Minister on the basis of application from administrator of the main portaftercomplying with the requirements. (2) The requirements as referred to in paragraph (l)shall comply with: a. economicasped:; b. navigation safety and security aspect; Co technical aspect of port fadllty; cL office fadllty and supporting equipment for the need Of institutions performing fundIon of navigation safety and security, custiHns and excise, immigration and quarantine; and e. kind ofspeclal commodity. ArtIde151 (1) The certain spedal terminal as referred to In ArtIde 149 paragraph (1) shall be stipulated by the Ministeron the basis ofapplication from ad­ ministratorofthe spedal terminal after fulfilling the requirements. (2) The requirements as ,efened to In paragraph (1) shaD comply with: a. administrative aspect; b. economic aspect; Co navigation safety and security aspect; d. technical aspect of port fadllty; e. office . 30A e. office facility and supporting equipment for the need of institutions performing function of navigation safety and security, customs and excise, immigration and quarantine; and f. kind ofspecial commodity. Article 152 (1) Based on the application as referred to in Ar­ ticle 150 and Article 151, the Minister shall ex­ amine the requirements for application for the stipulation of certain port and special terminal opened for international trade in not later than 30 (thirty) days as from the date of receipt of complete application. (2) In the case of result of the examination show­ ingthatthe requirements as referred to in para­ graph (1) have not been fUlfilled, the Minister shall return the application to administrator of the port and special terminal so that the re­ quirements are fulfilled. (3) The returned application as referred to in para­ graph (2) may be submitted again to the Minis­ ter, governors or regents/mayors by virtue of their authority after the requirements are com­ pleted. (4) In the case of result of the examination show­ ing that the requirements as referred to in para­ graph (1) and paragraph (3) have been fulfilled, the Minister shall stipulate the certain port and special terminal opened for international trade. Article 153 Further provision on procedures for stipu­ lating portand special terminal opened for interna­ tional trade shall be governed by a regulation of the Minister. CHAPTERIX PORTINFORMAlIONS1'S'&I· Article 154 (1) A port information system shall cover the col­ lection, management, analysis, storage as well BusinessNews 7930-7931/3-17-2010 as dissemination ofportdata and information in order to: a. support operational activities of the port; b. enhance service for communities or public; and c. supportthe formulation ofpoIides In the port field. (2) The port information system as referred to in paragraph (1) shall be managed by: a. the Minister, in the case of port information system in the national level; b. governors, in the case of port information system in the provincial level; and c. regentslmayors, In the case of regency1city level. (3) Regional governments shall manage the port information system by virtue of their authority on the basis of the guidelines and standards stipulated in the Minister. Article 155 The port information system shall contain at least: a. depth of lane and port basin; b. capacity and condition of port facility; c. flow of container, goods and passengers at the port; d. traffic of ships at the port; e. port performance; f. port operator at the port; g. tariff on port service; and h. port master plan and/or port development plan. Article 156 Port business entities shall submit monthly report on terminal activities to port authority ev­ ery month, in not later than the 5th of the following month. Article 157 . 31A Article 157 The report as referred to in Article 156 shall cover: a. frequency of ship visit; b. frequency of loadin$' and unloading of contain ers and goods; c. flow ofpassengers; d. operational performance; and e. performance ofequipmentand facility. Article 158 Port authority shall evaluate the monthly report submitted by port business entity to be used as substances of the formulation of port informa­ tion system and submitted to the Minister with a copy made available to governors. Article 159 Port administrator units shall be obliged to submit information to the Minister, which contains at least: a. depth ofport basin; b. frequency of ship visit; c. frequency of loading and unloading of contain ers and goods; d. flow ofpassengers; e. operational performance; f. performanceofequipmentand facility; g. depth of lane; and h. growth of port business entities operating ter­ minal. Artide160 Based on the report as referred to in Ar­ ticle 157, the Minister shall process data and infor­ mation to be used as substances of port informa­ tion for thepublic. BusinessNews 7930-7931/3-17-2010 Article 161 Further provision on procedures for pro­ cessing and reporting as well as formulating port information system shall be governed by a regula­ tion of the Minister. CHAPTERX MJSCF! I ~EOUSPROVlSION Artide162 Management of industrial estates needing port facility shall be obliged to provide land allo­ cated to port activity. Article 163 (1) The operation of seaports as well as river and lake ports usea tor serving ferry transport, which are managed commercially shall comply with the following provisions: a. regIJlation and fostering, control and super­ vision over port activities shall be done by authorities of the port used for serving ferry transport; b. public administration activities in the field of navigation safety and security shall be ex­ ecuted by harbor master; and c. business activities shall be executed by,port business entitiesmanaging seaports for seoa;y­ ing ferry transport. (2) The operation of seaports as well as liver lNld lake ports used for serving ferry transport, which have not been managedcommercially shall be done by technical executive unit of the gov­ ernment, technical executive unit ofprovincial governments or technical executive unit of re­ gental/municipal governments. Artide164 Further provision on the operation of sea­ ports as well as river and lake ports used for serv­ ing ferry transport shall be governed by a regula tion 0'theMinister. CHAPTERXL...",,!!! 32A otAPTERXI TRANSnIONALPROIIJS[ON Artide165 (1) WIth the entorc:ement ofthisgovemment regu­ lation, the government" regional governments and state-owned enblrprises managing ports shall aIntInue to implementoperational activi­ ties at the ports on the basis of this govern­ ment regulation. (2) In not later than 3 (three) years as from the enforcementof Law Number 17 Year 2008 re­ garding Shipping, port business activities ex­ ec:uIed bythe government, regional government and state-owned enterprises as refened to In paragraph (1) shall be adjusted to the pravi­ saw as governecIln this government regula­ tiaIl. (3) BusI adivitIesat the ports already managed bystate-owned enterprises shall continue to be exewted by the state-owned enterprises. otAPTERXII 00NC1.IJSIa'f Artide166 With the enforcement of this government regulation, all legislation lower than thisgovernment regulation, which rules portaffairs shall be dedared to remain effective as long as they do not contra­ vene or have not been replaced by the new ones on the basis of this government regulation. Artide167 With the enforcement of this government regulation, Government Regulation Number69 Year 2001 regarding Port Affairs (statute Book of the Republic of Indonesia Year 2001 Number 127, Busi News 7930-7931/3-17-2010 Supplement to statute Bookof the Republic oUn­ donesia Number 4145) shall be revoked and de­ dared null and void. Artide168 11M! government regulation shall come into force as from the date ofpromulgation. For publiccognizance, thegovernment regu­ lation shall be promulgated by p1adng it in Statute Book ofthe RepublicofIndonesia. Stipulated In Jakarta On OCtober20,2009 lHEPRESlDENTOFlHERfPUBlICOFINDONESrA. sgd DR.H.SlISDOBAMBANG YUDHOYONO Promulgated in Jakarta On OCtober22, 2009 THE MINISTEROFLAWANPHUMAttRIGHTSOFTHE REPUBl.ICOFINDOtIESIA, sgd PATRIAUSAKBAR STAlUTEBOOKOFTHEREPUBUCOFINDONESIA YEAR 2009 NUMBER 151 EUJClQAnON......... ( To be continued ) ===( MA )=== 14A PORT AFFAIRS (Government Regulation Number 61 Year 2009 dated October 20, 2009) [Continued from Business News No 7930-7931 pages 18A-32A] ELUCIDATION ON GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA NUMBER 61 YEAR 2009 REGARDING PORT AFFAIRS L GENERAl. Port as a component in shipping operation plays a very important and strategic role so that the operation thereof is controlled by the state and the fostering thereof is executed by the government in the frameworkofsupporting, mo­ bilizing and driving the accomplishment of na­ tional goals and strengthening national resil­ iency. The fostering of port by the government covers aspects regulating, controlling and super­ vising aspects. The regulatOry aspect covers the formulation and determination of general and technical operational policies. The controlling as­ pect includes the provision of directives and counseling in the developmentand operation of ports, while the supervisory aspect is applied to the operation of port affairs. The fostering of port affairs is done in a to­ tality of the national port order intended to en­ sure smooth, orderly, secure and safe shipping in the provision of port services, assure legal certainty and business certainty, encouraging professionalism of economic players at ports, accommodate transport technology as well as BusinessNews 7932/3-19-2010 enhance the quality ofservice and competitive­ ness by prioritizing service for public interests. Following the stipulation ofLaw Number 17 Year 2008 regarding Shipping, port affairs regu­ lation contains a provision on the elimination of monopoly in the management of ports, separa­ tion of regulator and operator functions as well as the opening of opportunity for regional gov­ ernments and private to participate proportion­ ally in port affairs management. For the purpose, the government regulation rules national port master plan, stipulation of location, port master plan as well as work area and interest area of port, implementation of ac­ tivities atports, licensing ofthe development and operation of ports or terminals, special termi­ nals and special terminals opened for interna­ tional trade and port information system•. Do ARTICLE BYARTICLE Article 1 up to Article 7 Sufficiently clear Article 8 Paragraph (1) Letter a SUfficiently dear Letter b The national port master plan contains 10­ eations ofthe existing ports and planned portswhich would bebuilt. Paragraph (2).......... Paragraph (2) SUfficiently clear 15A Paragraph (3) Letter a up to Letter i SUfficiently clear Paragraph (3) Ministers related to port affairs are, among others, ministers in charge ofenvironmental, fish­ ery, industrial, mining and trading affairs. Paragraph (4) Sufficiently clear Paragraph (5) The change in the condition of strategic en­ vironment attributed to natural disasters is the change in plan for the utilization of areas requiring port facilities because of the disaster. Article 9 up to Article 16 Sufficiently clear Article 17 Paragraph (1) and Paragraph (2) Sufficiently clear Paragraph (3) Letter a and Letter b Sufficiently clear Letter c The position of administrative region con­ tains name of village/sub-district or other pronun­ ciation, district, regency/city and province. Article 18 up to Article 21 SUfficiently clear Article 22 Paragraph (1) and Paragraph (2) Sufficiently clear Business News 7932/3-19-2010 Letter j Industrial estate is an area where activitie~ of manufacturing industries are centralized, fur­ nished with supporting facilities and infrastructure which are developed and managed by industrial estate companies already securing industrial busi­ ness license. Letter k The other public facilities are, among oth­ ers, worship place, recreation place, sports arena, green belt and medical facility. Article 23 up to Article 30 SUfficiently clear Article 31 Paragraph (1) Sufficiently clear Paragraph (2) Letter a SUfficientlydear Letter b Emergency condition is, among others burnt ship. Letter c up to Letter g SUfficiently clear Article 32 up to Article 36 Sufficiently dear Article 37........... 16A Artide37 Paragraph (1) Sufficiently dear Paragraph (2) Letter a up to Letter c Sufficiently clear Letter d Theother non-permanent public administra­ tion activities are, among others, forestry and min­ ing activities executed by authorized institutions in the framework ofpreventing illegal logging and ille­ gal mining, which come in and out through ports. Artide38 Paragraph (1) Regulatory activity covers the stipulation of policy in the field ofport affairs. Policy in the field ofport affairs constitutes general and technical port affairs policies covering the stipulation of norms, standards, guidance, cri­ teria, planning and procedures as well as licensing in the field of port affairs. Fostering activity is executed by observing the whole aspects of regulation, control and super­ vision over activities of port development;, opera­ tion and expansion in a bid to realize a national port affairs order directed to: a. facilitate the massive transfer ofpeople and/or goods safely, quickly, in an orderly manner, smoothly and regularly and conveniently; b.enhllnce the implementation ofport activities; c. develop capability and role of ports as well as navigation safety and security by assuring the availability of adequate shipping lane, port ba­ sin, and shipping-navigation auxiliary facilities; BusinessNews 7932/3-19-2010 d. preventand mitigate pollution arising from port activities. The controlling activity covers the granting of directives, counseling and guidance to users of port services, education and training as well as cer­ tification and licensing in the field ofport affairs as well as directives in the execution of port develop­ ment, operation and expansion. The supervisory activity covers: a. monitoring and evaluation of activities of port development operation and expansion; and b. correcting action against the development op­ eration and expansion of ports. Paragraph (2) and Paragraph (3) Sufficiently dear Artide 39 up to Artide 41 SUfficientlydear Artide42 Paragraph(l) Sufficiently dear Paragraph (2) Letter a Sufficiently dear Letter b Road network is access road to terminal. Letter c SUfficientlydear Letterd security and order in general at ports are guaranteed by port authorities, which are exewted integratedandforthe purpose, portauthoritie$ mav establish . 17A establish a security unit but in the case of the re­ spective terminals, security and order become re­ sponsibility of port business entities. Letter e up to Letter h SUfficientlydear Article 58 up to Article 67 Sufficiently clear Article 68 Letter a Sufficiently clear Paragraph (3) Sufficiently clear Paragraph (4) Certain condition is the occurrence of some­ thing potential affect the provision of port service, which must be restored promptly and cannot wait for the financing from the state budget of revenue and expenditure so that port business entity or operator of special terminal for private interest needs to take action with the consent of port au­ thority. Article 43 Sufficiently clear Article 44 Paragraph (1) up to Paragraph (3) SUfficiently clear Paragraph (4) Certain condition means the budget of the government in the current-year is not available for the maintenance of breakwaters, port basin, ship­ ping lane and road network. Article 45 up to Article 56 SUfficiently clear Article 57 The specific government regulation is a gov­ ernment regulation ruling navigation affairs. BusinessNews 7932/3-19-2010 Letter b Port affairs-related service is activity sup­ porting the smooth operation and granting added value to port, such as office building, tourism and hotel facility, drinking water, electricity and tele­ communications network, waste water and rub­ bish network, bunker service and parking lot ofve­ hicle. Article 69 up to Article 72 SUfficiently clear Article 73 Letter a up to Letter c Sufficiently clear Letter d Participation of port business entities in preserving safety, security and order related to lin-water transport is only limited at anchor­ age. Letter e up to Letter g Sufficiently clear Article 74 Paragraph (1) up to Paragraph (3) Sufficiently clear Paragraph (4) Letter a up to Letter e Sufficiently clear Letterf........... 18A Letter f sanction is the termination ofagreement in the case ofport business entities not fulfilling their obligations, including the obligation to provide port services in accordance with the standard of ser­ vice performance stipulated by port authorities. Letter g up to Letter k SUfficiently clear Article7S Paragraph (1) Sufficiently clear Paragraph (2) Cooperation in utilization is the operation of the main and supporting facilities of port by port business entities in a specified period in the frame­ work of increasing non-tax state revenue and other financing sources. Paragraph (3) and Paragraph (4) Sufficiently clear Article 76 Paragraph (1) SUfficiently clear Paragraph (3) Sufficiently clear Article 77 up to Article 87 SUfficiently dear Article 88 Paragraph (I) Mainland side is, among others, warehouse, bUilding and hoarding yard. Paragraph (2) Waters side is, among others, pier, anchor­ age facility, reclamation and talud. Article 89 up to Article 96 Sufficiently clear Article 97 Paragraph (1) Port is operated by considering readiness ofoperational facilities and human resources in ac­ cordance with the frequency of ship visit, loading and unloading ofgoods and embarkation and dis­ embarkation of passengers. Paragraph (2) and Paragraph (3) Sufficiently clear Paragraph (2) Rental of land, rental ofwarehouse and/or rental of hoarding yard is the utilization of port land, warehouse facilities and hoarding facilities by port business entities, other business entities or individual Indonesian citizens in a specified period and compensation is received in the form of cash money. BusinessNews 7932/3-19-2010 .Article 98 Paragraph (1) and Paragraph (2) Sufficiently clear Paragraph (3) Letter a Lane condition is, among others, depth, tidal and ~hipping navigation auxiliary faeilitiy. Letterb . 19A letter b SUfficientlydear Article 104 up to Article 109 Sufficiently clear Letter c Port facilities are, among others, illumina­ tion lamps, pier, warehouse and hoarding yard. Letter d and Letter e SUfficientlydear letter f Operational human resources in accordance with the need are officers of government institu­ tions performing the function ofshipping safety and security, quarantine, customs and immigration. Letter g up to Letter i Sufficiently clear Article 99 up to Article 102 Sufficiently clear Article 103 Letter a Sufficiently clear Letter b Operational activities may be reported by utilizing information technology. Letter c Sufficiently clear letter d The provisions of legislation from other gov­ ernment institutionsare, among others, provisions in the taxation as well as customs and excise fields. BusinessNews 7932/3-19-2010 Article 110 Paragraph (1) Certain activities are activities supporting the main business activities, which are not served by the nearest port with the business activities thereof because the goods or activities need spe­ cial treatment or the location is far from port. Paragraph (2) Letter a Stipulated as partof the nearestport means the regulation and fostering, control and supervi­ sion over operational activities ofspecial terminals are executed by administrator of the nearest port and supervision over the function of naVigation safety and security is done by harbormaster in the nearest port. Letter b and Letter c Sufficiently clear Article 111 Letter a Business entities are Indonesian statutory bodies established on the basis of the legal provi­ sions ofthe Republic ofIndonesia, inclUding subsid­ iaries in accordance with the similar main business and suppliers of materials and equipment support­ ing production for the need of the said business entities. The main business activities are, among oth­ ers, mining, energy, forestry, agriculture, fishery, industry, tourism, Shipdocking, research, education and training as well as social. Letter b . Letter b Sufficientlydear Article 112 up to Article 122 Sufficiently clear Artide123 Letter a up to Letter c Sufficientlydear Letter d The provisionsof legislation from other gov­ ernment institutionsare, among others, provisions in the field of mining, energy, forestry, agriculture, fishery, industry, tourism, ship docking, research, education and training, sodal, taxation as well as customs and excise. Article 124and Article 125 Sufficiently clear Article 126 Paragraph (1) Sufficiently clear Paragraph (2) Letter a Lane condition is, among others, depth, tidal and shipping navigation auxiliary facilities. Letter b SUfficientlydear Letter c Facilitiesofspecial terminal are, among oth­ ers" illumination lamps, pier, warehouse and hoard­ ingyard. Business News 7932/3-19-2010 Letter d and Letter e SUfficiently clear Letter f Operational human resources in acx:ordance with the need are officers of government institu­ tions performing the function ofshipping safety and security, quarantine, customs and immigration. Letter g up to Letter i Sufficientlydear Article 127 up to Article 132 Sufficientlydear Article 133 Paragraph (1) Fostering, control and supervision over the operation of special terminals are executed by .harborrnaster at the nearest port in connection with activities executed by management ofspecial terminal, among others, the use ofwaters, piloting service, port service provided for the third party because the activities constitute authority of the government. Paragraph (2) Sufficiently dear Artide 134 Sufficiently clear Article 135 Paragraph (1) Certain activities indude mining, energy, for­ estry, agriCUlture, fishery, industry, tourism, ship docking, research, education and training as well a~Meial. Paragraph (2) . 21A Paragraph (2) SUffidentlydear Article 136 Paragraph (1) SUfficiently dear Paragraph (2) Letter a SUfficientlydear Letter b Evidence ofcooperation may be in the form ofcooperation in the management of terminals for private interest. Letter c up to Letter e Sufficientlydear Letter f up to Letter h SUfficientlydear Article 137 up to Article 139 SUfficiently dear Artidel40 Paragraph (1) SUfficientlydear Paragraph (2) Letter a Other facilities are, among Others, loading and unloading facilities, warehouse, access road and human resources in charge. Letter b up to Letter e SUfficiently clear Business News 7932/3-19-2010 Artide141 Natural disasters are, among others, earth­ quake, tsunami, volcano eruption, tIoodlng, typhoon and landslide. Other incidents may be In the form ofnon­ natural disasters, such as technology failure, mod­ ernization failure, epidemic and disease outbreak, as well as social disasters such as social conflicts between groups or communities and terrors. Artide142 Letter a up to Letter c SUfficientlydear Letter d The provisions of legislation from othergov­ ernment institutions are, among others, provisions in the field ofmining, energy, forestry, agriCUlture, fishery, indUstry, tourism, ship docking, research, education and training, social, taxation as well as customs and excise. Article 143 up to Artide 148 SUffidently dear Artide149 Paragraph (1) certain special terminal is a special terminal built and operated to support business activities whose production Is destined to the export. Paragraph (2) Sufficientlydear Artide 150 up to ArtIcle 155 Sufficiently dear Article 156........ Artide156 !n submitting the report, port business en­ tities may use the available Information technology (e-poitnet). Artic;le 157 up to Artide 164 SUflk:lentlydear Artide165 Paragraph (1) SUffidentlydear Paragraph (2) The deadline is stipulated 3 (three) years in this provision with aview ofproviding suffidenttime for the government and state-owned enterprises to plan the development of ports. For the need of the development, based on order from the Minis­ ter: a. assets of state-owned enterprises undertaking port business are evaluated; and b. assets of state-owned enterprises undertaking port business are audited comprehensively. Paragraph (3) Still executed by state-owned enterprises means state-owned enterprises established on the basis of Government Regulation Number 56 Year Business News 7932/3-19-2010 22A 1991, GovemmentRegulation Number57Year19~~ Government Regulation Number 58 Year 1991 and Government Regulation Number 59 Year 1991 still undertake business activities at the ports, cover­ ing: a. the activities regulated in Artide 90 paragraph (1), paragraph (2), paragraph (3), and paragraph (4) ofLaw Number 17 Year 2008 regarding Ship­ ping; b. the provision of port basin in accordance with the designation thereof on the basis of delega­ tion from the government and the provisions of legislation; c. the provision of piloting service on the basis of delegation from the government and provisions of legislation; and d. the provision and managementof land in accor­ dance with the need on the basis of delegation from the government and provisions of legisla­ tion in the field of land affairs. Article 166 up to Article 168 SUffidently clear SUPPLEMENTTOSTAlUTEBOOKOFnfEREPUBLICOF lNDONESIANUMBER5070 ===( R )===