Government Regulation of RI No. 5/2010 on navigational matters

12A NAVIGATIONAL MATTER (Government Regulation of RI Number 5 Year 2010, dated January 6, 2010} WillilHEBLESSINGOFlHEONEANDONLYGOD PRESIDENTOFlHE REPUBLICOFINDONESIA, Considering: That to implement the provisions on navi­ gational matter as governed in Article 177, Article 183 paragraph (2), Article 184, Article 186 para­ graph (2), Article 196, and Article 206 paragraph ' . (2) of Law Number 17Year 2008 concerning Navi­ gation, it is necessary to stipulate Government Regulation on Navigational matter; In view of: 1. Article 5 paragraph (2) the 1945 Constitution of the State of the Republic of Indonesia Year 1945 {BNno. 7:l52pages:l4A-23AJ; 2. Law Number 17 Year 2008 {SN No. 7678 pages :tA-:lOA and so forth} concerning Navigation (statute Book of the Republic ofindonesia Year 2008 Number 64, Supplement to Statute Book of the Republic ofindonesia Number 4849); DECIDES: To stipulate: GOVERNMENTREGULA110NONNAVIGA110NALMAT­ TER. CHAPTER! GENERALPROVISlON Article 1 What is meant in this Govrenment Regula­ tion by: Business News 7969/6-18-2010 1. Navigational matter shall be all matters pertain­ ing to Navigational SupportingFacilities, Naviga­ tional Communication, hydrography and meterology, channel and crossing, dredging and reclamation, piloting, handling of ship skeleton, salvage, and under water works for the safety of ~he sl)ip navigation. 2: Navigational Supporting Facilities shall be equip­ ment or system existing outside the ship de­ signed and operated to improve safety and ef­ ficiency of ship navigation and/or and/or ship traffic. 3. Navigational Telecommunication shall be special telecommunication for official navigation in the form of broadcast, transmission or receiving any type ofsignal, drawing, sound and information in any form through cable, optic, radio system or other electromagnetic system in mobile navi­ gational term of duty constituting part of navi­ gational safety. 4. Coastal Earth Station shall be earth station in permanent satellite official agent or in several pages, in navigational mobile satellite official agent placed in a certain place on land provided for allocating network for navigational mobile satellite official agent. 5. Coastal Radio Station shall be earth station in navigational mobile official agent. 6. Ship Radio station shall be mobile station in navi­ gational mobile official agent placed on ship but • not permanently tied up except for the lifeboat station. 7. Naylgationaf,,,,, 7. Navigational Mobile Official Agent shall be any mobile official agent between coastal station and ship stations or inter-ship stations communica­ tion existing on ship, while lifeboat stations and radio buoy station indicating emergency posi­ tion may also take part in this official agent. 8. Computing Autority shall be National Navigation Company and company that holds maritime busi­ ness service license appointed and responsible to compute telecommunication service and to settle payment for ship radio telecommunica­ tion service pertaining to the use of public tele­ communication facilities in navigational mobile official agent and/ or navigational satellite mo­ bile official agent both nationally and interna­ tionally. 9. Meteorology shall be signal of nature relating to weather. 10. Meteorological service shall be seivice provision activities pertaining to information, information spreading, and meteorology service. 13A 11. Navigational Manual shall be sea piloting manual containing guidelines or information used as guidelines for ship crews to be able to sail safely. 12. Navigational channel shall be waters from the point of depth, width, and other free from other navigational obstacles and is considered safe to sail. 13. Channel and Crossing shall be part of the wa­ ters that is safe for sailing according to the di­ mension/ specification of the ship at sea, river, and lake. 14, Navigational Channel Facilities shall be facilities and infrastructure required for smooth opera­ tion of ship traffic, such as Sailing Navigational Business News 7969 /6-18-2010 Supporting Facilities, Vessel Traffic Services, and Coastal Radio Station. 15. Indonesian Islands Sea Channels shall be sea channel passed by ships or crafts and/ or for­ eign aircraft on such channel, to operate sailing and flight in the normal way used only for con­ tinuous transit, directly and as fast as possible and unpageable through or over islands waters and sea territory neighbouring between one part of the open sea Or Indonesian Exclusive Economy Zone and the other one part of the open sea or other Indonesian Exclusive Economy Zone. 16. Secure and Safe Zone shall be space around the Sailing Navigational Supporting Facilities, Sailing Telecommunication Facilities, and construction or installation bordered by certain radius, height, and/ or depth. 17. Indonesian waters shall be Indonesian sea ter­ ritory and islands waters and its hinterland wa­ ters. 18. Construction or Installation shall be any con­ struction either existing on and/ or waters sub­ surface. 19. Dredging shall be any work that changes the form of waters base in order to reach the de­ sired depth and width or to take material from the waters base to be used for certain purposes. 20. Reclamation shall be piling work on waters or at the coast that changes the coastal line and/ or contour of the waters depth. 21. Piloting shall be piloting activities to assist, give suggestion, and information to the Captain on the local condition of the waters that is impor­ tant for sailing navigation for save, orderly, and smooth ..... smooth operation for the safety of the ship and the environment. 22. Pilot shall be seaman that has expertise in nau­ tical matter that complies with the requirements to carry out ship piloting. 23. State Ship shall be ship belonging to the Sate and is used by certain Governmental agency that is assigned the function and authority in accordance with the provisions in the statutory regulation to enforce the law and other Gov­ ernmental duties. 24. Ship Skeleton shall be skeleton of any ship that sank, stranded, or cast ashore and left behnd. 25. Salvage shall be work to save the ship and/or its load that encounters ship accident or encoun­ tering danger on waters including pulling out the ship skeleton or under water obstacle or other items. 26. Underwater Work shall be work relating to ship installation, construction, or ship carried out under water and/ or specific under water work such as use of underwater equipment operated from the water surface. 27. Business Entity shall be State-owned business entity, regional business entity, or Indonesian legal entity specially established for navigation. 28. Central Government, hereinafter referred to as Governemnt, shall be President of the Republic of Indonesia that holds administrative power of the State of the Republic of Indonesia as re­ ferred to in the 1945 Constitution of the State of the Republic oflndonesia •• 29. Regional Government shall be Governor, Regent/ Mayor, and regional apparatus mnstituting n!gional operating element of n!gional administration. Business News 7969/6-18-2010 14A 30. Minister shall be minister in charge of adminis­ tration affairs on navigation. Article 2 This Government Regulation governs all mat ters concerning Sailing Navigational Supportingfaciities, navigational communication, meteorology service, channel and crossing services, construction or installation on waters, dredging and reclamation, piloting, ship skeleton, salvage, and underwater work, navigational information system, and human resource. Article 3 Navigational activities are carried out to guarantee navigation security and safety, motivate smooth operation of economic activities, marking territorial borders in the context 01' safeguarding sovereignty, reinforce the State defense and se­ curity, and strengthen unity of unitary of the na­ tion in the context of the archipelago insight. Article4 (1) The Government shall be responsible to main­ tain navigational safety and security in the op­ eration of navigation. (2) The responsibility in navigational operation re­ ferred to in paragraph (1} covers: a. navigation channel; b. Sailing Navigational SupportingFacilities; c. navigation telecommunication; d. piloting and e. provision of meteorology service. Article S (1} Operation of navigational activities referred to in Article 3 shall be conducted by the Minister. (2}The ..... (2) The Minister in operating navigational activities as referred to in paragraph (1) shall establish navigation district. (3) Navigation district referred to in paragraph (2) shall function to: a. carry out navigational activities; and b. manage and supervise part of navigational operation carried out by other governmen­ tal agency and business entity. CHAPTERD CHANNB.ANDCROSSING Article6 (1) Navigational channel shall be provided by the Government. (2) The provision of navigational channel referred to in paragraph (1) shall cover planning, devel­ opment, operation, maintenance, and supervi­ sion. (3) Business entity may be included in the develop­ ment, operation, and maintenance of navigation channel heading to special terminal managed by business entity. ( 4) The navigation channel referred to in paragraph (3) shall be provided by business entity after obtaining approval from the Minister. Article 7 (1) The navigation channel referred to in Article 6 paragraph (1) shall cover: a. navigation channel on the sea; and b, navigation channel on river and lake. (2) Navigation channel on the sea referred to in paragraph ( 1) letter a consists of: Business News 7969/6-18-2010 15A a. general and crossing navigation channel; and b. navigation channel entering the ports. (3) The river and lake navigation channel referred to in paragraph (1) letter b consist of: a. river navigation channel; and b. lake navigation channel, Article 8 In the provision ofnagivation channel on the sea as referred to in Article 7 paragraph (1) letter a, the Minister shall be obliged to specify: a. navigation channel; b. route system; c. procedure for trafficking; and d. ship anchoring area as needed, Article g (1) To provide navigation channel on river and lake as referred to in Article 7 paragraph (1) letter b, the Minister shall specify: a. navigation channel; b. route system; c. procedure for trafficking; and d. ship anchoring area based on the need thereof. (2) In specifying nagivation channel on river and lake referred to in paragraph (1) letter a the Minister shall coordinate with the agency in charge of administrative affairs on management of water resource. Article 10 (1) Navigation channel on sea referred to in Article 8 shall be stated on the map on sea and in the navigational manual. {2} Navigation ..... (2) Navigation channel on river and lake referred to in Article 9 paragraph (1) shall be stated on the map on river and lake and in the manual on river and lake navigation. Article 11 (1) The navigation channel on sea referred to in Article 8 shall be announced by the agency on duty and responsible on sea mapping (2) The river and lake navigation channel referred to in Article 9 paragraph (1) shall be announced by the Minister. Article 12 (1) River and lake navigation channel referred to in Article 9 paragraph (1) shall be specified based on classification consisting of: a. Class I navigation channel; b. Class II navigation channel; and c. Class m navigation channel (2) The classification referred to in paragraph (1) shall be classified based on the criteria below: a. river depth; b. river width; and c. height of free space below any construction passing above the river. Article 13 (1) For safety and smooth navigation on certain waters, the Minister shall specify route system as referred to in Article 8 letter b covering: a. sea traffic Separation scheme; b. two way routes; c. suggested paging line; Business News 7969/6-18-2010 16A d. deep wa• route; e. areas that must be avoided; f. hinterland traffic area; and g. areas of caution. (2) Specifying route system, efelTed to in paragraph (1) must be based on: a. condition of navigation channel; and b. heavy traffic consideration. (3) The route system referred to in paragraph (1) must be mentioned on the sea map and manual on navigation and announced by the competent authority. Article 14 (1) The captain sailing on Indonesian waters terri­ tory shall be obliged to report his identity and data on his sailing to the Minister through the coastal radio station. (2) The report referred to in paragraph (1) shall cover: a. staticdata such as the name of the ship and call sign, Maritime Mobile Services Identities (MMSI), weight and length of the ship; and b. dynamic data such as the destiny of naviga­ tion and time of arrival, speed and shaip pager. (3) The reporting system referred to in paragraph (1) shall use: a. Automatic Identification System/ AIS; b. communication radio equipment manual sys­ tem; and c. ship long range mobility monitoring system (Long Range Identification and Tracking of Ships/LRIT). Artide 1s,,,,, Article 15 {1) The captain sailing on Indonesian waters in par­ ticular territory shall be obliged to report all in­ formation through the nearest coastal radio sta­ tion. (2) The particular territory referred to in paragraph (1) shall cover: a. Indonesian Islands Sea Channel waters; b. Traffic Separation Scheme (TSS) channel; c. Ship to Ship Transfer (STS) area; and d. waters that have been specified Ship Report­ ing System (SRS). (3) The information referred to in paragraph (1) shall cover: a. name of the ship, call sign (call sign), Mari­ time Mobile Services Identities (MMSI), and International Maritime Organization (IMO) number; 17A b. port of destination and previous port {name of port and counby); c. position the ship when transmitting the in­ formation; and d. other information pertaining to navigation safety. Article 16 (1) The Government shall stipulate Indonesian Is­ lands Sea Channel and procedure for its use for continuous, direct, and fast traffic for foreign ships passing the Indonesian waters. {2) The Indonesian Islands Sea Channel referred to in paragraph ( 1) shall be stipulated with due ob­ servance of: a. national defense; b. navigation safety; Business News 7969 /6-18-2010 c. exploration and exploitation of natural re­ source; d. cable network and pipeline at sea bottom; e. preservation of natural resource and the en­ vironment; f. route that usually used for international navi­ gation; g. sea space system; and h. recommendation from competent interna­ tional organization. (3)AII foreign ships using Indonesian Islands Sea Channel on their navigation shall be prohib­ ited from diverging except in emergency situ­ ation. ( 4) The Minister shall oversee foreign ships traffic crossing the Indonesian Islands Sea Channel. (5) The Minister shall specify location for Sailing­ Navigation Supporting Facilities and navigation telecommunication to monitor foreign ships traf­ fic passing the Indonesian Islands Sea Channel. Article 17 In stipulating procedure for traffic I efe1 red to in Article 8 letter c, the Minister shall consider: a. condition of navigation channel; b. traffic heaviness; c, size and draft of the ship; and d. weather condition. Artide18 Further provision on implementation of navi­ gation channel on sea and navigation channel on reiver and lake and use of Indonesian Islands Sea Channel shall be governed in Regulation of the Min­ ister. CHAPTERm, .... OIAPTERm WJNG-NAVIGATIONSUPPORTINGFACIUTIES PartOne General Artlde 19 Sailing-Navigation supporting Facilities shall be stationed on the sea navigation channel. Artide20 Sailing-Navigation supporting Fadlities con­ sist of: a. type and function; b. requirements and standard ; c. implementation; d. secured and safe zone; e. damage and obstade; f. utilization cost; and g. river and lake navigation channel. PartTwo Type and Function Artlde21 (1) Types of Sailing-Navigation supporting Fadlities consist of: a. visual; b. 1elekt. ::.nic; and C. audible. (2)Sailing-NavigationSupportingFadlitiesshallfunc­ tionto: a. determine position and/ or pager of the ship; b. notify existence of navigation danger/ ob­ stade; c. shows all borders of safe navigation chan­ nel; d, marks the ship traffic separation line; Business News 7969 /6-18-2010 18A e. shows the zone and/or specific activity on the waters; and f. border of territory of a country. Artide22 The visual refelTed ID in Artlde 21 paragraph (1) letter a covers: a. light-house; b. lighted flashing buoy; c. light floating device; and d. daysign. Artide23 The electronic referred ID in Artlde 21 pata­ graph ( 1) letter b covers: a. Global Positioning System (GPS); b. Differential Global Position System (OOPS); c. beacon radar; d. beacon radio; e. surveylance radar; and f. medium wave beacon radio. Artide24 Audible refelTed to In Artlde 21 paragraph (1) lettercmust be placed in misty or limited visual area. Partlhree Requirements and Sailing-Navigation SUpportlng Fadlities Artide25 Implementation of sailing-Navigation sup­ porting Fadlities must comply with the requirements and standard: a. mnstruction •. ,.. 19A a. construction or installation to be constructed and/or installed around the Sailing-Navigation Supporting Facilities installation; and b. prevention from disturbance, protection, and safeguarding implementation of Sailing-Naviga­ tion Supporting Facilities. Article 26 The location shown on the map or particular construction on land and on waters based on navi­ gation technical consideration must be free from any item and/ or must be utilized for the purpose of ronstructing Sailing-Navigation Supporting Facilities and granted the right for its use by the competent authority. Artide27 Further provision on the requirements and standard for implementation of Sailing-Navigation Supporting Facilities shall be governed in Regula­ tion of the Minister. Part Four Implementation of Sailing-Navigation Supporting Facilities Article28 Implementation of Sailing-Navigation Sup­ porting Facilities covers the activities referred to below: a. planning; b. procurement; c. operation; d. maintenance; and e. supervision. Business News 7969/6-18-2010 Article 29 (1) Planning activities referred to in Article 28 let­ ter a covers all plans on: a. the need for Sailing-Navigation Supporting Fa­ cilities and Infrastructure; and b. operation activities of Sailing-Navigation Sup­ porting Facilities. (2) The planning referred to in paragraph (1}, con­ sists of: a. long-term, for 15 (fifteen) years term up to 20 (twenty) years term; b. medium term, for jO {ten) years term up to 15 (fifteen} years term; and c. short-term, for 5 (five) years term up to 10 (ten) years term. Article30 (1) The Sailing-Navigation Supporting Facilities re­ ferred to in· Article 28 letter b on nagivation channel and public port waters shall be procured by the Minister. (2) Sailing-Navigation Supporting Faciltiies referred to in paragraph (1) for particular purpose and in particular location may be procured by busi­ ness entity afte obtaining approval of the Min­ ister. (3) Sailing-Navigation Supporing Facilities for the purpose of business entity shall be procured by the business entity. Article31 Sailing-Navigation Supporting Facilities which is procured by business entity as referred to in Ar­ ticle 30 paragraph (2) and paragraph (3) must rom­ ply with the requirements and standard specified in Article 25. Article31 ............ .. {Tobe continued ) ===(MA)=== 11A NAVIGATIONAL MATTER (Government Regulation of RI Number 5 Year 2010, dated January 6, 2010) [Continued from Business News No. 7969 pages 12A-19A] Artide32 {1) The approval of the Minister referred to in Ar­ ticle 30 paragraph {2) shaft begranbld after com­ plying with the requirements below: a. administration; and b. technical, (2) The administrative requirement referred to in d. dimension of the ship going out and entering in; and/or e. Port Master Plan for activities existing in within the are of work environment and the area within the environment for port inter est. paragraph (1) letter a covers: Artide 33 a, deed of company establishment; {1) The Ministi-e, within 14 (fourteen) working days b. taxpayer identification number; as receipt of the complete application, shall is c. main business license from the c:pmpetent au- sue permit for procurement of 5ailing-Naviga thorlty; tion Supporting Facilities to the applicant that d, proof of land control; complies with the requriements referred to in e. determination of location for special termi- Artide 32. nalforSailing-NavlgationSUpportingFadlities (2)The business entity referred to in Artide 30 for placement at the special terminal; paragraph (2) and paragraph (3) must: f, dredging permit for dredging activities; a. maintain and preseive the Sailing-Navigation g, permit for under water work or salvage; and Supporting Facilities; h. recommendation from local navigation disbict b. guarantees the reliability of the Sailing-Navi relating to technical aspect; gation Supporting facilities with specified {3) The technical requirements referred to in para- standard; and graph (1) letter b shall cover: c. report to the Minister on the operation of a. map that lndicates all borders of land the5ailing-Navigation5upporting Facilities. terrtitory and waters territory supported by geographical coordination points; Artide 34 b. result of hydrographic suivey, condition of (1) The operational activities referred to in Artide ups and downs tide, and strength of the cur- 28 letter c shall cover rules on: rent; a. vision distance; c. dock site system; b. light charateristics; Business News 7970-7971/6-23-2010 c. color .. , .. 12A c. color of the light; and d. nature or type of Sailing-Navigation Support­ ing Fadlities. (2} The rule on the vision distance referred to in paragraph (1) letter a shall cover: a. type of Sailing-Navigation Support Facilities; and b. coeffient factor of tropical and sub-tropical areas. (3) Rules over light characteristic referred to in paragraph ( 1) letter b shall cover: a. rythm or period of the light; and b. certain location or area. { 4} Rule on color of the light referred to In para­ graph (1) letter c shall cover: a. type of navigational danger; and b. type or characteristic of the thing. (5) Rule on the form or type of Sailing-Navigation Supporting Fadlities tefen'ed to In paragraph (1) letter d shall cover: a. certain location or area; and b. depth of the waters. Artide35 (1} Maintenance activities referred to in Artide 28 letter d shall cover: a. mahltl!nance; and b. repair. (2) The maintenance referred to in paragraph (1) letter a shall cover activities of: a. painting of the Sailing-Navigation Supporting Facilities; Business News 7970-7971/6-23-2010 b. deaning the Sailing-Navigation Supporting Fa­ dlities; c. acljusting to the light rythm; d. checking and replacing power checker ( cab.Ir daya);and e. checking the position of the Sailing-Naviga­ tion SUpporting Facilities. (3) The repair referred to In paragraph (1) letter b shall cover activities.on: a. repladng light bulb and flasher; b. replacing tower structure; c. replacing fender of light buoy; d. replacing light buoy anchoring system; and e. replacing peak sign. Artide36 (1) The maintenance activities referred to in Artide 35 paragraph (1) shall be c.onducted periodically and at any time. (2} Periodical maintenance activities shall be con­ ducted once every three (3) months. (3) The maintenance activities at any time may be c.onducted in the occurrence of damage caused by being hit by a ship, theft, or event of na­ ture. Artide37 Further provision on implementation of Sail­ ing-Navigation Supporting Facilities and procedure for Issuing permit for procurement of Sailing-Navi­ gation Supporting Facilities by business entity shall be governed in Regulation Of the Minister. Part Five .... Part Five Secure and Safe Zone For Sailing-Navigation Supporting Facilities Article38 (1) Secure and safe zone referred to in Article 20 letter d is meant to guarantee security and safety of Sailing-Navigation Supporting Facilities around the the construction or installation of Sailing-Navigation Supporting Facilities. (2) Secure and safe zone referred to in paragraph (1) Shall .function: a. as the safeguarding border of construction; and b. to protect the Sailing-Navigation Supporting Facilities from disturb;mce by other facilities. (3) Secure and safe zone referred to In paragraph (2) consists of: a. prohibited zone at an area to an extent of 500 (five hundred) meters computed from the outer side of the instaUation or the Sailing­ Navigation Supporting Facilities constl\ldion; and 13A b. limited zone at an area to an extent of 1.250 (one thousand two hundred fifty) meters oomp~ from the outer side of the prohib­ ited zone or 1.750 ( one thousand seven hun­ dred fifty) meters from the outer side of the installation or ex1nstruction of the Sailing­ Navigation Supporting Facilities. ( 4) At the prohibited zone referred to in paragraph (3) letter a it Is prohibited from constructing Installation or other building. Business News 7970-7971/6-23·2010 (5) At prohibited zone referred to in paragraph (3) letter b after obtaining permit from the Minis­ ter installation or other building may be con­ structed provided that it shall not disturb the function and system of the Sailing-Navigation Supporting Facilities. Artlcle39 The secure and safe zone referred to in Ar­ tide 38 paragraph (1) must comply with the require­ ments: a. at the area to be determined as secure and safe zone no construction or plants exists that may disturb the function of the Sailing-Navigation Supporting Facilities; b. atthe land area to be determined as secure and safe zone must be freed from ownership of other parties; and c. at the waters area to be determined as secure and safe zone no construction and activities exist that may disturb the function and system of the Sailing-Navigation S!ipport:ing Facilities Artide40 (1) Outside the secure and safe zoneof theSailing­ Navigation Supporting Facilities may be passed by ships by maintaining secure distance. (2) At the secure and safe zone for Sailing-Naviga• tion Supporting Facilities no ship may pass or anchor except at narrow channel, river, or lake which width of channel is less than 500 (five hundred) meters. (3\Any ..... (3) Any ship anchoring at nanow channel, river, or lakewhidl width ofc:hamel is less than 500 (five hundred) meters as referred ID in paragraph (2) must keep safe distance of at least one and a half times the length of the ship. (4) State-owned ship conducting maintenance ac­ tivities and/or maintenance olthe SaHlng-Navi­ gation SUpporting Facllltles may approach the 5aili,,g Na,igatioo SUpportlng Facilll !5 PartSix Damage and Obslade Artlde41 (l)Anyactlonthatmayinftid:damageand/orob­ stade to the Salling-Navigation supporting Faclltlels may be in the form of: a. instalHng and/or placing something at the Sailing-Navigat SUpportlng Fadlltles, b. changing the Salling-Navigation SUpportlng Fadllles; C. damaging, desbi,ying, or causing cterects ID the SalHng-Navigatlon ID supporting Facili­ ties; cl. nMOgtheSaililig-Na,;lgatlo.• Slipporting Fa­ ciltles; and e. ..-Ing the ship at the Sailing-Naglvatlon SUpportlng Faciltiies. (2) Any action that cause damage and/or obstacle ID the 5alllng-Navigation SUpportlng Facilities 1 el'ered ID In paragraph (1) shaH be charged pen­ alty In accordance with the provisions In the statutory regulation, BusinessNews7970-7971/6-23-2010 14A Article42 (1) The owner and/or operator of ship which due ID the ship operation caused damage and/or obstacle to the Sailing-Navigation SUpporting Fa­ ditties must report to the Minister. (2) Based on the report referred to in paragraph (1) the Minister shall be obliged to broad­ cast the damage and/or obstacle to the Sail­ ing-Navigation Supporting Facilities to all ships through coastal radio station and an­ nounce It In the Gazette of the Indonesian Seamen. (3) The broadcast I efen ed to In paragraph (2) shall cover: a. nameofthelocation; b. type of Sailing-Navigation supporting Fadli tles; c. Numberof Ustof lndoneslan Ughthouse; cl. position; e. pertode/rythm (desaiptlon of period) and source of power; f. color of the ray; g. vision distance; h. elevation; and L mncltion of Sailing-Navigation Supporting Fa­ dlltles. Artide43 (1) The owner and/or operator of ship shall be re­ sponsible for any damage and/or obstacle to the Sailing-Navigation Supporting Facilities caused by open1tiom1I of the ship, (2)Jhe ..... (2) The owner and/or operator of the ship referred to in paragraph (1) shall be obliged to repair or replace the Sailing-Navigation Supporting Facili­ ties so that the facilities can function again. (3) The repair and replacement referred to in para­ graph (2) shall be conducted within a period of 60 (sixty} calendar days as of the occurrence of the damage. (4) If the period limit of 60 (sixty) calendar days referred to in paragraph (3} no repair or re­ placement is made, the Minister shall repair and replace the Sailing-Navigation Supporting Facili­ ties at the cost of the shaip owner and/ or op­ erator. Part Seven Fee for Utilizing Sailing-Navigation Supporting Facilities Artide44 (1) Any ship sailing on Indonesian waters shall be charged utilization fee of Sailing-Navigation Sup­ porting Facilities in the form of State Non-Tax Income. (2) The fee fpr utilizing the Sailing-Navigation Sup­ porting Faciltiies referred to in paragraph (1) shall be collected by the Minister at arrival of the ship in the harbor or special terminal. (3) No cost for Sailing-Navigation Supporting Facili­ ties utilization referred to in paragraph ( 1) shall be charged on: a. warship; b. state-owned ship; c. hospital ship; Business News 7970-7971/6-23-2010 15A d. ship entering the port or special port for the need for help or ship providing aid for human rescue; e. ship operating navigationak trial; and f, private-owned ship running duty of adminis­ tration. (4) Provision on the type and tariffforSailing-Navi­ gation Supporting Facilities referred to in para­ graph (1) and paragraph (2} shall be governed in separate Government Regulation. CHAPTERIV RIVERAND LAKE NAVIGATIONAL OIANNELFACII.IllES Article45 (1) To guarantee safety, security, order, and smooth traffic and transportation on river and lake navigational channel, complete navigational channel facilities must be provided. (2) The river and lake navigational channel facilities referred to in paragraph (1) may be in the form of: a. shiplockpool(shiplock}; b. channel depth regulating dam (navigation barrage); c. ship lifting construction (ship lift); d. canel; e. buoy; f. surveillance post; g. pagete; h. water height scale recorder; i. flow resistant construction; j. flow regulating construction; k. land ..... Ir. land /river bank resistant wall; and L mudacx:ommodatingpool. Artide46 (1) The planning, procurement, installation, con­ struction, and maintenance of navigational channel facilities referred to in Artide 45 para­ graph (2) must be adjusted to the navigational channel dass and border of administrative area. (2) The planning, procurement, installation, con­ struction and maintenance of navigational chan­ nel facilities referred to in paragraph (1) shall be conducted by the Government, provincial government, or regency /municipality govern­ ment according to their respective authority. (3) The Government, provincial government, or re­ gency /municipality government according to their respective authority in conducting the planning, procurement, installation, construction and maintenance of navigational channel facill­ ties referred to in paragraph (2) may cooper­ ate with business entity. Artide47 (1) Any river and lake transporting ship sailing us­ ing the facilities referred to in Artide 45 para­ graph (2) letters a, b, c, and d is subject to uti­ lization CXld:asState Non-TaxincomeorRegional Conbibution. (2) The Government, provincial government, and regency /municipality government shall super­ vise the navigational channel facilities func­ tion. Business News 7970-7971/6-23-2010 16A Article48 (1) Any action taken that may cause damage and/ or obstable to the navigation channel facilities may be in•the form of: a. installing and/or placing any river and lake navigation channel facilities; b. changing the river/lake navigation channel facilities; c. damaging, destroying or causing the river and lake navigation channel facilities defect; d. moving the river and lake navigation channel facilities; and e. mooring the ship to the river and lake navi­ gation channel facilities. (2) Any action that may cause damage and/or ob­ stacle to river and lake navigation channel fa­ cilities is subject to penalty in accordance with the statutory regulation. Artide49 (1) The owner and/or operator of the ship shall be responsible for any damage and/or obstade to river and lake navigation channel facilities caused by operations of his ship. (2) The responsibility of the owner and/or opera­ tor of the ship referred to in paragraph (1) shall be in form of obligation to Immediately repair or replace the river and lake navigation channel facilities so as that such river and lake naviga­ tion channel facilites may function back to Its original function. (3) The repair and replacement referred to in para graph (2) shall be conducted within a time limit 17A of 14 (fourteen) calendar days effective as of the damage takes place. (4) If within the time limit of 14 (fourteen) calendar days referred to in paragraph {3) no repaid or replacement is made, the Minister shall repair or replace the river and lake navigation channel facilities which cost for repair and replacement shall be on account of the ower and/or opera­ tor of the ship. Article 50 Further provision on planning, procurement, installation, construction and maintenance of river and lake navigation channel facilities and its super­ vision shall be governed in Regulation of the Minis­ ter. CHAPTERV NAVIGATIONAL TELECOMMUNICATION Part One General Article51 Navigational Telecommunication system shall be installed on navigation channel. Article 52 Navigation Telecommunication consists of: a. facilities, type and function; b. requirements and standard; c. operation; d. secure and safe zone; e. damage and obstacle; f. utilization cost; and BusinessNews7970-7971/6-23-2010 g. hazard communication service, immediate com­ munication and safety communication, and re­ quirement for standard time signal. PartTwo Faciltiies, Type and Function Article 53 Navigation Telecommuncation Facilities con­ sists of: a. coastal radio statiun; and b. National Data Centre (NOC) for Long Range Iden­ tification and Tracking of Ships (LRIT), Article 54 (1) Type of Navigation Telecommuncation consists of: a. Global Maritime Distress and Safety System ' (GMDSS); b. Vessel Traffic Service (VTS); c. Ship Reporting System (SRS); dan d. Long Range Identification and Tracking of Ships (LRIT), (2) Global Maritime Distress and Safety System (GMDSS) referred to in paragraph (1) letter a functions for: a.notification of any event of danger ( alerting); b. communicating SAR coordinates; c. communicating existent of danger at the lo­ cation; d. facilitating specification of location; e. notification of information on navigation safety; f, communicating public radio and g. communication inter-ship flatfonn, (3}Vesse! ..... 18A (3) Vessel Traffic Service (VTS) referred to in para­ graph (1) letter b functions to: a. monitor navigation traffic and navigation traffic channel; b. improve navigation traffic security; c. improve navigational efficiency; d. protect the environment; e. observe, detect and track existent of any ship within the VTS coverage area; f. regulate public information; g. regulate special information; and h. to provide assistance to ships that need spe­ cial assistance. (4) Ship Reporting System {SRS) referred to in paragraph (1) letter c functions to: a. provide up to date information on the ship movement; b. minimize contact time interval with the ship; c. decide location instantly, when the stclp is in danger where its position is unknown; and d. inaease means of security and safety to lives and property at sea. (5) Long Range Identification and Tracking of Ships {LRIT) referred to in paragraph (1) letterd func­ tions to: a. exe1 else early detection on ship; b. monitor ship movement:, so as to be able to take action or anticipate to take action In the event of danger; and c. provde assistance in SAR operation. PartThree Requirements and Standard Navigational Telea)mmuncation Equipment Artlde55 Operation of Navigational Telecxlmmunication must comply with the requirements and standard; BusineDNews7970-7971/6-23-2010 a. any construction or installation to be con­ structed and/or built arounc! the Navigational Telea)mmunication Installation; and b. disturbance prevention, protection and safe­ guarding operation of Navigational Telecommu­ nication. Artide56 At certain location or construction on land or on waters based on navigational technical con­ sideration must be freed and/or utilized for the purpose of Navigational Telecommunication con­ struction and shall be granted the right to use it by the competent authority thereto. Artide57 Further provision on requirements and stan­ dard for operation of Navitaional Telecommunica­ tion Facilities shall be governed in Regulation of the Minister. PartFour Operation of Navigational Telecommunication Artlde58 Operation of Nivagiational Telecommunica­ tion covers activities In: a. planning; b. procurement; c. operation; d. maintenance; and e. surveillance. Artide59 {1) The planning acvtivitie&. ,efetred to In Artide S8 letter a coverns plan of: a. the need for Navigational Telecommunication supporting facilities and intrastructure; and I>, Ope@tlon ..... b. operation activities of Navigational Telecom­ munication. (2) The term of planning referred to in paragraph (1) covers: a. long-term, namely over 15 (fifteen) Years up to 20 (twenty) Years; b. medium-term, namely over 10 (ten) Years up to 15 (fifteen) Years; and c. short-term, namely over 5 (five) Years up to 10 (ten) Years. Article60 (1) Procurement activities of Navigational Telecom­ munication referred to in Article 58 letter b placed on navigat;ion channel and on public port waters shall be conducted under the supervi­ sion of the Minister. (2) Procurement activities of Navigational Telecom­ munication referred to in Article 58 letter b for particular interest and at particular location may be conducted by business entity after obtain­ ing consent of the Minister. (3) Procurement of Navigational Telecommunication conducted by business entity referred to in paragraph (2) covers: a. coastal radio station; and b. Vessel Traffic Services (VTS) station. Article61 (1) Procurement activities of Navigational Telecom­ munication for business entity's interest shall be conducted by business entity. Business News 7970-7971/6-23-2010 19A (2) Navigational Telecommunication which procure­ ment is conducted by business entity must com­ ply with the requirements and standard referred to in Article 55. Article62 (1) The consent of the Minister referred to in Ar­ ticle 60 paragraph (2) shall be granted after hav­ ing complied with the administrative and tech­ nical requirements. (2) Requirement for establishing coastal radio sta­ tion referred to in Article 60 paragraph (3) let­ ter a covers: a. administrative aspect: 1. deed of establishment of the company; 2. Obligatory Taxpayer Identification Num­ ber; 3. statement letter of company's domicile; 4. list of radio operators that shall operate the radio supported by certificate of ex­ pertise; 5. Master business license from the compe­ tent authority; and 6. statement letter of operability from the Director General of Post and Telecommu­ nication. b. technical aspect: 1. site plan of the location, supported by geo­ graphical position; 2. plan drawing of installation; 3. technical specification of equipment to be installed; 4.using .... , 4. using frequency allocated by navigation mobile seivice at allocated Band Medium Frequency, Band High Frequency, dan Band Very High Frequency; 20A 5. using AlA broadcast emission for J3E dan G3E telegraphic telephone , and FlB for selected number call; and 6. coastal radio station using the same · broadcast power or larger of one (1) kilo­ watt between the broadcast station and the receiving station so as to be separated with a distance of minimum five (5) kilo­ meters. (3) Requirements for establishment of Vessel Traf­ fic Seivices (VTS) station referred to in Article 60 paragraph (3) letter b covers: a. photocopy of the license for establishment of Coastal Radio Station; b. equipment specification; and c. result of suivey including drawing of the lo­ cation and installation from a Team of the Di­ rectorate General. Artide63 (1) The Minister shall Issue license for procurement of Navigational Telecommunicationthata,mplies with the requirements referred to in Article 62 paragraph {2) and paragraph (3) within 14 {fourteen) working days effective as of the date the complete application is received. (2) The business entity referred to in Article 60 paragraph (2) shall be obliged to: Business News 7970-7971/6-23-2010 a. maintain and preseive the Navigational Tele­ communication; b. guarantee reliability of the Navigational Tele­ communication consistent with the stipulated standard; and c. report to the Minister on the operation of the Navigational Telecommunication. Article64 (1) The Vessel Traffic Seivices {VTS) station pro­ cured by business entity referred to in Article 60 paragraph (3) letter bin the form operation of Vessel Traffic Seivices (VTS) at the location not yet seived by the Government Vessel Traf­ fic Seivices {VTS) system, s~II constitute a unit of the Vessel Traffic Seivices (VTS) system net­ work and operated in cooperation with the ser­ vice unit operator of the local Navigational Tele­ communication. (2) Procurement of Vessel Traffic Seivices (VTS) station at the location referred to in paragraph ( 1) shall be a location where navigation traffic is heavy and very high navigation hazard. Artide65 (1) The operation activites referred to in Article 58 letter c covers: a. decision on formal guards seivice; b. broadcast time schedule; and c. maintaining reliability. (2) The arrangement of formal guards seivice re­ ferred to in paragraph ( 1) letter a shall be in the form of distribution of formal guards ser.tice. C3)The ..... 21A (3) The arrangement of time schedule referred to in paragraph (1) letter b covers: a. guard listening on every frequency; and b. broadcast of news on dangers, safety, se­ curity, and standard time signal. ( 4) Arrangement on maintaining reliability as re­ ferred to in paragraph (1) letter c shall be in the form of keep maintaining the function of the coastal radio station. Artide66 (1) The maintenance activities referred to in Artide 58 letter d covers: a. maintenance; and b. repair. (2) The maintenance activities referred to in para­ graph (1) letter a covers: a. dust deaning; b.checking the power line; c. calibration of equipment; d. checking all the panels; e. maintain room stable air temperature; and f. updating software. (3) The repair activities referred to in paragraph (1) letter b covers: a. replacement of spare unit and spare part; and b. replacement of equipment. Artide67 Supervisory acitivities referred to in Article 58 letter e shall be in the form of incessant moni­ toring, Business News 7970-7971/6-23-2010 Article68 (1) Navigational Telecommunication shall be oper­ ated using network system. (2) The network system referred to in paragraph (1) covers: a. security and safety network; b. central communication network; and c. regional network. Artide69 (1) The security and safety network system referred to in Article 68 paragraph (2) letter a shall be in the form of communication from coastal radio station, coastal earth station sent to ship radio station and/or the reverse using Global Mari­ time Distress and Safety System (GMDSS), Ship Reporting System (SRS), Long Range Identifi­ cation and Tracking of Ships (LRIT} radio facili­ ties, and satellite over news on dangers, safety, security, piloting, news on metheorology, con­ dition of navigational channel and en route, and Sailing-Navigation Supporting Facilities. (2) The central communication network system re­ ferred to in Article 68 paragraph (2) letter b shall be in the form of communication from the central office to the Navigation District, Port Authority, Port Operating Unit, Port Master, and other agencies and/or the reverse, on news information, navigation security and safety, and database of Sailing-Navigation Supporting Facili­ ties, Navigational Telecommunication facilities, navigation channel, and en route, position of the ships and condition of the port, u~ina utl!llitl! facilities ..... facilities, public telephone and communication radio, and command center to monitor the ships through the satellite channel. (3} The regional network system referred to tin Article 68 paragraph (2) letter c shall be in the form of communication from service unit to the coastal radio station installation and other coastal radio inter-station, lighthouse and to other related agency in its region and/or the reverse using satellite facilities, public telephone, radio, and other system constructed therefor. Article 70 Further provision on operation of Naviga­ tional Telecommunication and procedure for grant­ ing license for procurement of Navigational Telecom­ munication by business entity shall be govemed by Regulation of the Minister. Part Five Navigational Telecommunication Secure and Safet Zone Article71 22A (1} The secure and safet zone referred to in Article 52 letter d is intended to guarntee security of the Navigational Telecommunication surround­ ing the construction or installation of the Navi­ gational Telecommunication. (2) The secure and safet zone referred to in para­ graph (1) shall function: a. as construction safe border: and Business News 7970-7971/6-23-2010 b. protection of Navigational Telecommunication from disturbance from other facilities. {3} The secure and safe zone referred to in para­ graph {2) with a radius of 500 {five hundred) meters counted from the outer side of the an­ tennae installation or construction of Naviga­ tional Telecommunication. {4)Atthesecure and safe zone referred to in para­ graph (3) no installation construction or other construction shall be permitted. Part Six Damage and Obstacle Article 72 (1} Action that may cause damage and/or obstacle to Navigational Telecommunication may be in form of: a. damaging Navigational Telecommunication; b. rising disturbance to Navigational Telecom­ munication broadcast and/or receipt thereof; c. constructing within the secure and safe zone of Navigational Telecommunication; d. installing and placing something at the Navi­ gational Telecommunication zone; and e. misusing the Navigational Telecommunication function. (2} Actionthatcausedamageand/orobstadetothe Navigational Telecommunication referred to in paragraph (1} is subject to penalty in accordance with the provisions in the statutory regulation. Part. ..... Part Seven Navigational Telecommunication Utilization Charge Article73 (1) News service in naviation mobile service from ship to land or the reverse and news service from ship to other ship through coastal radio station or coastal earth station, public corespndence are subject to service charge of Navigational Telecommunication. (2) Navigational Telecommunication utilization charge referred to in paragraph (1) shall be State Non· Tax Income. (3) Navigational Telecommunication service on news on dangers, Urgent news, and news on naviga­ tion safety shall be free of charge. Article74 23A (1) For Navigational Telecommunication service, ev­ ery ship equipped with radio communication and exercising public correspondence must appoint computing authority, (2) Any ship bearing Indonesian flag equipped with radio communication device referred to in para· graph (1) must be registered at the Indonesian computing authority. (3) The computation and payment of charge for uti· lizing Navigational Telecoomunication for public in navigation mobile service from ship to land or vice versa shall be settled through the comput• Ing authority. Business News 7970-7971/ 6-23-2010 Article75 (1) The computation referred to in Article 74 para­ graph (1) may be conducted by sea transport­ ing company or other business entity which busi­ ness operates in navigation after obtaining li­ cense from the Minister. (2) To obtain license to be computing authority re­ ferred to in paragraph (1) the following require­ ments must be complied with: a. deed of establishment of company; b. Obligatory Taxpayer Identification Number; c. has expert manpower in the field electronic radio,and d, ships registered at the computing authority shall be at least: 1. 5 (five) units of ships for national sea transporting mmpany; or 2. 10 (ten) units pf ships for other Indone­ sian legal entity. (3) The Minister shall issue license for computing authority within 14 (fourteen) working days at the latest after the complete application is re­ ceived. ( 4) The license for computing authority referred to in paragraph (3) shall be valid for two (2) years and may be extended, Article 76 Further provision on procedure for granting license for computing authority shall be governed in Regulation of the Minister. Part Eight..,..., .. ,,..,. (Tobe continued ) ===( MA )=== 16A NAVIGATIONAL MATTER (Government Regulation of RI.Number 5 Year 2010, dated January 6, 2010) [Continued from Business News No. 7970-7971 pages 11A-23A] Part Eight Of Radio Determination and Special Service Communication Services on Newson Danger, Stations using broadcast channel frequency Urgency and Safety, and Broadcast of News on at Band Medium Frequency Band, High Fre Standard Time signal quency Band, and Very High Frequency Band. Article 77 (1) News on danger, urgent news, and safety and Article 78 broadcast of news on the standard time signal (1) Operation of Navigational Telecommunication forshipsnavigatingonlndonesianwaterswidely must broadcast Danger news, Urgent news, broadcast through coastal radio station and/ safety news, and shall also broadcast standard or coastal earth station in Navigational Telecom- time signal. munication network. (2) News broadcast referred to in paragraph (1) (2) Broadcast of news on danger, urgent news, and shall be made in priority sequence as follows: safety as well as news on broadcast of news on a. notice of danger, danger news, and "MAY standard time signal as referred to in paragraph DAY MAYDAY MAYDAY" danger signal; (:lJ based on priority sequence must comply with b. communication preceded by immediate "PAN the provisions below: PAN PAN" signal; a. news broadcast shall be made immediately c. communication preceded by safety (securite) as soon as it is received and broadcast it re- signal; peatedly twice within two (2) intervals for d. communication relating to the direction of one ( 1) hour duration at down time using in- searching radio; ternational danger frequency broadcast e. communication relating to navigation, aircraft channel at Band Medium Frequency and Band safe movemnet involved in the search and High Frequency, while broadcast of news on rescue operation (SAR); danger at Very High Frequency Band must f. communication relating to navigation, move be conducted immediately as soon as it is re- ment and needs of the ships and aircrafts, ceived; and and news on weather observance prepared b. broadcast of news on standard time signal for official Meteorological Service; must be conducted according to the Coastal g. radio telegram relating to United Nationasem Radio Station schedule specified in the List blem ( etat priorite nations); and Business News 7976-79n /7-7-2010 h. radio .... ., h. radio telegram of the Government with pri­ ority and dialogue of the Government pre­ ceded by dialogue of the Government with priority (etat priorite). Article 79 (1) News on danger in navigation mobile service shall be broadcast if the ship is in danger and needs immediate help. (2) Navigation mobile service referred to in para­ graph (1), must conduct the duty of the hear­ ing guard at danger frequency. (3) Coastal radio station and/or coastal earth sta­ tion must broadcast news on danger covering: a. broadcast the news repeatedly on danger from the ship received through digital selec­ tive calling (DSC) Global Maritime Distress and Safety System (GMDSS) system; b. communication of"MAYDAY MAYDAY MAY­ DAY" danger signal indicating the presence of mobile station/unit or the person in dan­ gerous situation and in need for immediate help; c. communicate immediately any "PAN PAN PAN'" signal covering: 1. request for help by any sick person on the ship;and 2. requestfor help by any person falling over­ board the ship; d. communication for "SECURITE SECURITE SECURITE'" safety signal covering: 1. information on shifted position of the Sail­ ing-Navigation Supporting Facilities: Business News 7976-7977 /7-7-2010 17A 2. information on extintion of the Sailing­ Navigation Supporting Faciltiies; 3. information on the presence of oil drilling in any position within navigational channel; 4. information on the presence of emerging reef; 5. information on existence of floating thing that endangers navigation; 6. information on support for search and res­ cue operations (SAR); and 7. information on report on the presence of mysterious ship (phantom ship). e, broadcast of standard time signal to all ships, coastal radio stations, and to other parties that need information on time forverificatioil with the chronometer. Article SO (1) The Captain shall be obliged to cover news on danger, urgent news, and news on safe for sail­ ing either from the ships around and from coastal radio station and/or coastal earth sta­ tion intending to conduct search, rescue and safe navigation. (2) The Captain shall be obliged to cover news on danger, urgent news, and safe navigation re­ ferred to in paragraph (1) in the form of: a, mobile station or earth station hearing a mobile station is in danger must transmit the news on danger by paging: 1. if the station encountering danger is in such a position that makles it unable to broadcast such news on danger: 2. if ...... 2. if the Captain or the person in charge of the ship, aira-aft, or other vehides not en­ countering danger, or the person in charge of the earth station, considers it still in need for further help; or 3. if the ship is unable to help and the news on danger still needs help; b. all stations hearing the urgent signal must cover or must stay on stand-by and must refrain from making any other transmission whatsoever that may rise disturbance to the news on stand-by to get response from the urgent signal; c. all stations hearing safety signal must hear it throughout until they are convinced that such news on safety is not important for them at this time, and must refrain from mak­ ing any transmission whatsoever that may rise disturbance to such news on safety. Article.Bl { 1) Any ship arriving at the port of destination, and closing its businees hours must: a. notify the nearest / local coastal radio sta­ tion and if possible other station that usually has relationship; and b. not to close the service agent until all exist­ ing news traffic to the extent not contraven­ ing the regulation prevailing on such port. (2) Any ship departing the port must immediately notify the coastal radio station or other re­ lated stations that the office hours of its sta­ tion will open again so long it is permitted by Business News 7976-7977 /7-7-2010 18A the prevailing regulation, but any station that does not have permanent service ·hour, noti­ fication will be made when the station open for service for the time after departing from the port. Artide82 (1) The owner, operator of the ship, or the Captain shall be obliged to notify the schedule of arrival of its ship at the port to the Port Master by transmitting cable to the Port Authority, PQrt Operator Unit, or Port Master through the coastal radio station with copy to the sea trans­ porting company or public agent within 48 (forty-eight) hours prior to the ship arrival at the port. (2) Notification of ship's arrival by the Captain by· transmitting Captain's radio cable (master cable) referred to in paragraph (1) shall be transmitted' to the Port Master through the coastal radio station. (3) Notification of ship's arrival referred to in para­ graph (2) received by the coastal radio station will be transmitted to the Port Authority, Port Operating Unit, or Port Master and sea trans­ porting company or public agent using tele­ phone, facsimile, electronic mail, radio, and/or ordonants facilities { official service). Artide83 (1) The Captain shall be obliged to notify noon posi­ tioning by free radio cable transmission and/ or communication connection from the ship to the nearest aiastal radio station, (2} Radio ...... (2) Radio cable and communication connection re­ ferred to in paragraph (1) contains position co­ ordinate, ship pager from and ship destination, ship position ship condition, and condition of the ship's crew at noon positioning. (3) The coastal radio station after receiving noti­ fication of noon positioning referred to in para­ graph (1) and paragraph (2) will forward the news on noon positioning to local Port Mas­ ter. Article84 Further provision on procedure for broad­ cast of news on danger, urgent news, safety news, and standard time signal shall be governed in Regu­ lation of the Minister. CHAPTERVI METEOROLOGY SERVICE Article 85 19A {1) The Government shall be obliged to provide me­ teorology service that at least covers: a. provision of information on weather condi­ tion and sea condition and its forecast; b. calibration and certification of weather ob­ servance device on the ship; and c. t4!!=hnical guidance on weather observance at sea to particular ship crew to support in­ put of meteorological data. (2) Meteorology service referred to in paragraph (1) shall be provision of information service on sea weather and shall be conducted by mari­ time meteorology station. Business News 7976-7977 /7-7-2010 Article86 (1) Provision of information service of sea weather referred to in Article 85 paragraph (2) covers: a. information on weather for navigation; b. information of weather at port; and c. information of specific weather. (2) Information on sea weather referred to in para­ graph { 1) shall be notified to all service users. Article 87 Every maritime meteoroligy station must ex­ ercise cooperation with the local coastal radio sta­ tion. Article88 (1) Information on navigational weather referred to in Article 86 paragraph {1) letter a, is in the form of weather covering: a. observance of presence of storm; b. bad weather; c. summary of significant weather condition in general; and/or d. weather forecast and tide sea wave in Indo­ nesian waters. (2) The information onf port weather referred to in Article 86 paragraph (1) letter bis in the form of weather containing: a. observance on the presence of storm; b. bad weather; c. summary on significant weather condition in general; and/ or d. forecast of weather and sea wave in the port territory and the waters around it. (3) Information ....... 20A (3) Information on specific weather referred to in Article 86 paragraph (1) letter c shall be daily and weekly weather information In the form of: a. processed data on wheather; and/or b. weather forecast broadcast for users requir­ ing special service based on request. Article89 (1) Navigation weather information and port weather information referred to in Article 86 paragraph (1) letters a and b must be reported to: a. the Port Master; and b. the sailing ship through public broadcast from the coastal radio station every day at speci­ fied time. (2) The specific weather information 1eferred to in Article 86 paragraph (1} letter c can be notified directly to the service users and/or through telecommunication media. Article90 Calibration and certification of weather ob­ servance device on the ship referred to in Article 85 paragraph (1) letter b shall be conducted by the Government. Article91 The technical guidance on weather obser­ vance at sea provided to particular ship crew to support meteorological data referred to in Article 85 paragraph ( 1} letter c is in the form of activi­ ties: Business News7976-7977 /7-7-2010 a. on provision of guidance on weatherobserance; b. oritentation on the importance of weather fore­ cast for navigation safety to the ship Captain or officer exercising weather observance; c. provision of ship instruction manual and log books needed for weather observance; and d. taking data on the result of ship observance. OiAPTERVD OONSTRUCTI0N ORINSTAUATION ON WATERS Article92 (1} Construction or installation other than for navi­ gation channel requirement may be constructed on waters. (2) The construction or installation referred to in paragraph (1) must at least comply with the re­ quirements below: a. cautious placing, anchoring, and marking; b. not causing damage to consbuction or instal­ lation of the Sailing-Navigation Supporting Fa­ cilities and Naviatiori Telecommunication fa­ cilities; c. taking due consideration of free space in con­ structing bridges; d. considering the conidor for sea cable instal­ lation and subsea piping; and e. if existing beyond the waters must be guided by pilot. (3) Other than the requirement referred to in para­ graph (2) the owner of construction or installa­ tion shall be obliged to deposit sum of money at the Government bank account as guarantee for charges for compensation of any dismantling of construction ...... construction or installation no longer used by the owner which amount shall be determined by the Minister. 21A (4) Constructing, moving, and/or dismantling any construction or installation existing on the wa­ ters must obtain approval of the Minister. Article93 Constructing, moving, and/or dismantling any construction or installation existing on rivers and lakes must obtain approval of the Minister, Gov­ ernor, Regent/Mayor according to their respective authority. Article 94 (1) Sailing-Navigation Support Facilities must be con­ structed on each construction or installation at sea. (2) Installation of Sailing-Navigation Support Facili­ ties referred to in paragraph (1) shall be con­ ducted by the owner of the construction after having obtained approval of the Minister. (3) The Minister shall decide secure and safe zone to sail on every construction or installation. ( 4) The location of construction or installation, speci­ fication of Sailing-Navigation Support Facilities and secure and safe zone for sailing shall be an­ nounced by stating it on the sea map and in the sailing guiding manual and broadcast through the coastal radio station. (5) Border of secure and safe zone consists of: a. prohibited zone at an area of 500 (five hun­ dred) meters computed from the other side of the installation or construction; and Business News 7976-79,77 /7-7-2010 b. limited zone at an area of 1.250 (one thou­ sand, two hundred fifty) meters computed from the outer side of the prohibited zone or 1.750 (one thousand, seven hundred fifty) meters from the outer point of the construc­ tion. Articleg5 (1) On every construction or installation on river and lake channel the following: a. specific navigation channel facilties must be installed; and b. secure and safe navigation zone must be de­ termined. (2) Installation of navigation channel facilities re­ ferred to in paragraph (1) must be conducted by the owner of construction after obtaining approval of the Minister, Governor, or Regent/ Mayor according to their respective a11thority. (3} The Minister shall determined secure and safe zone for navigation at every construction or installation. Article96 ( 1) The construction or installation that fails to com­ ply with the provision referred to in Article 92 paragraph (2) or not being used must be dis­ mantled. (2) The dismantling referred to in paragraph (1) shall be conducted by the owner of the construction or installation within 14 (fourteen) working days as of the date it is declared to have failed to comply with the terms or no longer in use. (3)The ...... 22A (3} The dismantling referred to in paragraph (1} must be reported to the Minister for broadcast through the coastal radio station and shall be stated on the sea map and navigation guide manual. (4} If the term referred to in paragraph (2} elapsed, the Minister shall dismantle the construction or installation on account of the owner. Article97 Further provision on the procedure for granting license for construction, moving, and/or dismantling construction or installation on waters, and determination of secure and safe zone for navi­ gation, construction or installation shall be governed in Regulation of the Minister. CHAPTERVID DREDGING AND RECLAMATION Part One Dredging Article98 ( 1} For construction and maintenance of navigation channel and port pool and other purposes, dredging work shall be conducted. (2} Other purposes referred to in paragraph (1} cover: a. port construction; b. construction of wave breakers; c. construction' and/ or d. other constructions that need dredging work that may arise disturbance to navigation channel. BuslnessNews7976-7977/7-7-2010 Article99 (1} The dreding work referred to in Article 98 para­ graph (1} shall be conducted by the company that has capability and competence aas proven by certificate issued by the competenet author­ ity. (2} Operation of dredging work referred to in para­ graph (1} must comply with the technical re­ quirement. (3} The technical requirement referred to in para­ graph (2} covers: a. safe and secure navigation; b. preservation of the environment; c. waterrs space layout; and d. special waters system for work on rivers and lakes; ( 4} Technical requirmenet for secure and safe naviga­ tion referred to in paragraph (3} letter a covers: a. the design, channel width, extent and depth of the pool, according to the size of the ship intending to cross over the channel; b. the location for dredging discharge ( dump­ ing area); and c. observe the sea cable, subwater pipeline in­ stallation, offshore construction, ship skel­ eton lifting areas, and other areas governed in international or relevant provisions. (5} The technical requirement on environmental preservation referred to in paragraph (3) let­ ter b shall be in the form of environmental fea­ sibility study conducted in accordance with the provision in the prevailing statutory regulation on living environment. C6)The ..... (6) The technical requirement on waters space lay­ out referred to in paragraph (3) letter c in the form of recommendation on the consistency thereof with the space layout stipulated by the Governnor and/or Regent/Mayor. Article 100 The dredging work referred to in Article 98 paragraph (1) must obtain approval from: a. the Minister for dredging work within naviga­ tion channel and in main port waters region and collecting port as well as at special terminal area; b. the Governor for dredging work in regional sea port waters region; and c. the Regent/Mayor for dredging work in local feeder sea port and rivers and lake port. Article 101 23A Dredging work in river and lake navigation channel must obtain license from: a. the Minister for dredging work in Class I naviga­ tion channel; b. the Governor for dredging work in Class II navi­ gation channel; and c. the Regent/Mayor for dredging work in Class III navigation channel. Article 102 Further provision on procedure for granting license for dredging work shall be governed in Regu­ lation of the Minister. BusinessNews797v-7977/7·7·2010 Part Two Reclamation Article 103 (1) Reclamation work may be conducted in the port construction and special terminal existing on the waters. (2) The reclamation work referred to in paragraph (1) shall be conducted by any company with capability and competence as proven by certifi­ cate issued by the completent authority. (3) Operation of reclamation work referred to in paragraph (1) must comply with the technical requirement. ( 4) The technical requirement referred to in para­ graph (3) covers: a. consistency with the Port Master Plan for reclamation activities which location exists within the work environment and the envionmental area for port purpose or space layout general plan of regency /municipality concerned for construction of special termi­ nal; b. navigation safety and security; c. environmental preservation; and d. technical design. (5) Reclamation work referred to in paragraph (1) must obtain approval from: a, the Minister for reclamation work in the main port waters region and in collecting port as well as in special terminal waters region; b. the Governor for reel a mation work in regional feeder sea port waters region; and c. the ..... 24A c. the Regent/Mayor for reclamation work in the local feeder sea port waters region and river and lake ports. Article 104 Application for license referred to in Article 100, Article 101, and Article 103 paragraph ( 5) shall be submitted by the company that complies with the requirements below: a. is legal entity; b. holds Obligalx>ryTaxpayer Identification Number; c. holds deed of establishment of company ap­ proved by the competent authority; d. holds statement of company's domicile; e. holds business license for dredging and recla­ mation works; f. memiliki peralatan pengerukan dan reklamasi; dan g. has expert manpower on dredging and recla­ mation works. Article 105 (1) If the reclamation is operated within the work environmental region and in environemntal area for port purposes, then application of li­ cense referred to in Article 104 shall be sub­ mitted by the Port Authority or Port Operat­ ing Unitto: a. the Minister, main port and collecting power as well as special terminal waters region; b. the Governor, regional feeder port; and c. the Regent/Mayor, at the local feeder port and river and lake ports. Business News 7976-7977 /7-7-2010 (2) The license referred to in paragraph (1) shall be granted by the Minister, the Governor, or the Regent/Mayor according to their respective au­ thority after complying with the requirements referred to in Article 104. Article 106 (1) Right for the land resulting from reclamation within the work environment and environmen­ tal area for port purposes may be requested by the Port Authority or Port Operating Unit in ac­ cordance with provisions in the statutory regu­ lation. (2) Right to manage the land by special terminal management may be submitted in accordance with the provisions in the statulx>ry regulation. Artide107 Further provision on the procedure for granting license for reclamation work shall be gov­ erned in Regulation of the Minister. CHAPTERIX PJID1lNG Artide108 (1) For the purpose of safety and security in navi­ gation, protection of the maritime environment, and smooth traffic on the waters, port and spe­ cial terminal, particular waters, the Minister shall determine waters that need piloting and waters that need extraordinary piloting. (2) Determination of waters that need piloting and extraordinary piloting referred to in paragraph (1) must fulfill the criteria: a.the ...... a. the factor other than the ship that affects safety of navigation! and b. the ship factor that affects the safety of navi­ gation. (3) Criteria of the factor other than the ship that affects the safety of navigation covers: a. the length of waters channel; b. the numerous curves; c. the width of the waters channel; d. the obstacle / danger to navigation on the waters channel; e. the current speed; f. the speed of the wind; g. the height of wave; h. the thickness / density of the cloud; i. the type of ship mooring; and 25A j. condition of the Sailing-Navigation Support­ ing Facilities. { 4) Criteria of the ship's factor that affects the safety of the ship covers: a. frequency of ship traffic mass; b. size of the ship {gross tonnage, the length and weight of the ship); c. type of ship; and d. type ofship load. (5) The criteria referred to in paragraph (3) and paragraph ( 4) shall be given weight value. Article 109 (1) The waters that need piloting referred to in Ar­ ticle 108 paragraph (1) shall be classified in: a. waters that need Class I piloting; b. waters that need Class II piloting; and c. waters that need Class III piloting. Business News 7976-7977 /7-7-2010 (2) The class referred to in paragraph (1) is divided based on the criteria referred to in Article 108 paragraph (3) and paragraph (4), Article 110 (1) The piloting on waters that must be piloted and waters that must be extraordinary piloted re­ ferred to in Article 108 paragraph (1) must be operated by the pilot officer. (2) The piloting officer referred to in paragraph (1) must comply with the requirements: a. holds certificate as seaman with nautical ex­ pertise; b. has at least three (3) years experience in navigation as Captain; c. passed education and training in piloting con­ ducted by the Government; and d. is physically and mentally healthy as evi­ denced by statement of health issued by gov­ ernmental hospital appointed by the Minis­ ter. Article 111 (1) Piloting service for ship with draft of 15 (fifteen) meters or more beyond port waters shall be conducted by deep sea piloting officer. (2) The piloting officer may be decided as deep sea piloting officer after having passed education and training on deep seam piloting. Article 112 (1) In conducting piloting: a. the ...... 26A a. the piloting officer shall be obliged to give the existing on the navigation channel and in the irections and remarks required buy the Cap- port waters region, the operation thereof may tain or the ship leader and must assist in the be assigned to port business entity that com operation of the ship mobility; and plies with the requirements after having ob b. The captain or leader of the ship shall be tained license from the Minister. obliged to provide information on any data (3) If no piloting service is provided yet by the Port and characteriistcs of his ship mobile opera- Authority or Port Operating Unit on the waters tion to the piloting officer; that obligatory piloting and on waters that need (2) The piloting officer shall be obliged to resport extraordinary piloting service existing within the immediately to the Port Master if he finds waters special terminal, the management and shortfall in the requirements for operability of operation of piloting may be assigned to the the ship on the sea. special terminal managementthatcomplieswith the requirements after having obtained license Article 113 (1) On the waters which was determined as waters that needs piloting, any ship of gross tonnage size of GT 500 (five hundred} Gross Tonnage or more must need piloting. (2) On the waters determined as waters that need extraordinary piloting service, piloting shall be conducted at the request of the Captain. Artidel14 (1) Piloting operation on the waters that need obligatory piloting as referred to in Article 113 paragraph (1) and on the waters that need ex­ traordinary piloting as referred to in Article 113 paragraph (2) must be conducted by the Port Authority or Port Operating Unit, (2) If no piloting service is provided yet by the the Port Authority or Port Operating Unit on the waters that need obligatory piloting and the waters that need extraordinary piloting Business News 7976-7977 /7-7-2010 of the Minister. Article 115 (1) If the management of the special termi~al re­ ferred to in Article 114 paragraph (3) fails to complly with requirement, management and op­ eration of piloting may be assigned to the near­ est port business entity that complies with the requirements after having obtained license from the Minister. (2) The requirements referred to in paragraph (1) covers: a. provision of piloting officer that complies with the requirements referred to in Article 110 paragraph (2}; b. provision of supporting facilities and piloting infrastructure that complies with the require­ ments; and c. provision of piloting service based on the ser­ vice system and procedure duly stipulated. Artide116 ...... 27A Article 116 (1) Operation of piloting conducted by the Port Au­ thority and Port Operating Unit is subject to charge collection in accordance with the provi­ sions in the statutory regulation. (2) Piloting operation conducted by port business entity is subject to charge collection which amount shall be determined by the port busi­ ness entity based on the type, structure, and tariff class imposed by the Minister. (3) Port business entity managing and operating piloting is subject to payment in percentage of the revenue originating from piloting service to the State Treasury as State Non-Tax Income. Article 117 No charge for the piloting service referred to in Article 116 paragraph (1) will be charged on: a. war ship; and b. State ship used for governmental duty. Artide118 Further provisio.n on procedure for deter­ mining class of the waters that need obligatory pi­ loting and procedure for determining waters that need obligatory extraordinary piloting service, edu­ cation and training fo pilot officer, obligations of the pilot officer, and operation of piloting shall be gov­ erned in Regulation of the Minister. CHAPTERX SHIPSKEI..EION Artide119 (1) The owner of the ship shall be obliged to insure his ship. Business News 7976-7977 /7-7-2010 (2) The ship insurance referred to in paragraph (1) including insurance over the obligation to lift up ship skeleton. (3) Exemption shall be granted to obligation to in­ sure referred to in paragraph (1) on: a. warship; b. State-owned ship used to carry out govern­ mental duty; c. sailing ship and motor sailing ship; or d. motor ship of gross tonnage less than GT 35 (thirty-five Gross Tonnage). Artide120 (1) The owner and/ or Captain of the ship shall be obliged to report immediately about his ship skeleton existing on the Indonesian waters to the Port Master. (2) Based on the report referred to in paragraph (1), the Minister shall specify the level of dis­ turbance to navigation safety. Article 121 (1) If the position of the ship skeleton referred to in Article 120 paragraph (1) disturbs navigation safety, Sailing-Navigation Supporting Facilities must be installed. (2) The position of the ship skeleton referred to in paragraph (1) must be announced through the coastal radio station and in the Indonesian Sea­ men News. (3) Procurement, installation, maintenance and re­ lifitng the Sailing-Navigation Supporting Fadlities referred to in paragraph ( 1) shall be on account of the ship owner. ( 4) Position .•..• ( 4) Position of the ship skeleton referred to in para­ graph (1) where no sailing-Navigation Support­ ing Faciltiies is installed yet causing ship acci­ dent, the owner of ship skeleton shall be obliged to pay loss compesation to the party encoun­ tering the accident in accordance with the statu­ tory regulation. Artide 122 28A (1) The owner of ship skeleteon shall be obliged to remove the ship skeleton and/or its cargo to another place specified by the Minister. (2) The removal referred to in paragraph (1) must be conducted within 180 (one hundred eighty) calendar days at the latest effective as of the ship sank. (3) If within a period referred to in paragraph (2), the ship owner fails to remove the ship skel­ eton, removal of the ship skeleton must; be con­ ducted by the Minister on account of the ship owner. ( 4) The owner of ship skeleton that ignores to re­ move his ship skeleton within the period referred to in paragraph (2) that causes ship accidient to occur, the ship owner shall be obliged to pay loss compensation to the party encountering the accident. Artide123 (1) If the Government finds out any ship skeleton and/or its cargo or based on report from the people but is unknown to its owner, the Gov­ ernment shall make announcement on the dis­ covery of the ship skeleton and/or its cargo, BusinessNews1g75-7977/7-7-2010 (2) The announcement on the discovery of the ship · skeleton and/ or its cargo as referred to in para­ graph (1) shall be made three (3) times con­ secutively within 30 (thirty) calendar days through printed media and/or electronic me­ dia. (3) If within the period referred to in paragraph (2) no party admits as the owner, the ship skeleton must be lifted under the supervision of the Min­ ister and the ship skeleton and/or its cargo shall become the State's property. Artide124 For the purpose of navigation safety, the Minister shall be obliged to announce the former location of the ship skeleton that has been removed through the coastal radio station and Indonesian Seamen News. Article 125 Further provision on the procedure for lift­ ing the ship skeleton and/ or its cargo shall be gov­ erned in Regulation of the Minister. CHAPTERXI SALVAGE ANDSUBWATERWORK Artide126 ( 1) salvage activities shall be conducted over the ship skeleton and/ or its cargo which ship has encountered accident or is sunk. (2) Operation of salvage activities referred to in paragraph (1) must comply with the technical requirement covering: . a. method ... ., 29A a. method of work; b. inclusive equipment; and c. manpower. (3) Any operation of salvage activities referred to in paragraph (2) must obtain approval of the Minister. Article 127 (1) Sub-water work activities may be conducted for installation of: a. sub-water cable; b. sub-water pipeline; and/or c. sub-water construction or installation. (2) Operation of sub-water work activities referred to in paragraph (1) must comply with technical requirement covering: · a. method of work; b. inclusive equipment; and c. manpower. (3) Any operation of sub-water activities referred to in paragraph (1) must obtain approval of the Minister. Article 128 (1) The salvage activities and sub-water works re­ ferred to in Article 126 and Article 127 may be conducted only by business entity particularly established for salvage activities and sub-wa­ ter works. (2) The business entity referred to in paragraph (1) must hold business license. (3) The Minister shall grant business license referred to in paragraph (2) after having complied with the requirements below: Business News 7976-7977 /7-7-2010 a. administration: 1. Deed of Establishment of Company; 2. Obligatory Taxpayer Identification Num­ ber; and 3. statement letter of domicile. b. technical: 1. possessing certified diving experts; 2. possessing at least one (1) unit of work ship; and 3. possessing work equipment of at least scuba equipment, cutting device, and div­ ing equipment. ( 4) The business license referred to in paragraph (3) is valid so long the business entity runs its activities and complies with the requirements. Article 129 The Minister shall provide the divers I eferred to in Article 128 paragraph (3) letter b point 1 af­ ter they are declared to have passed diving educa­ tion and training successfully. Article 130 Further provision on the procedure for conducitng the salvage activities and/ or sub-wa­ ter works, procedure for granting business license for salvage and/ or sub-water works, and diving education and training shall be governed in Regula­ tion of the Minister. CHAPTER XII NAVIGATION INFORMATION SYSTEM Article 131 (1) The Minister shall implement navigation informa­ tion system. (2)The ..... (2) The navigation information system referred to in paragraph (1) shall at least cover: a. Sailing-Navigation Supporting Facilities; b. Sailing-Navigation supporting Facilities; c. condition of channel and route; d. State-owned ship on navigation; e. human resource on navigation; f. condition of the wind, current, wave, and tidal wave; and g. navigation ol>stade or new navigational dan­ ger both in sub-surface or on the sea sur­ face, (3) The navigation information referred to in para­ graph (1) shall be provided through the follow­ ing activities: a. a>llection; b. prooesslng; c. analysis; d. presentation; e. spreading; and f. storage of data and information. (4) In the implementation navigational activities referred to in paragraph (3) the relevant agency may be involved in utilizing developed informa­ tion technology and communication. Artide 132 The purpose of navigation information sys­ tem isto: a. support navigational operation; b. improve navigation for the people or public; or c. support formulating of policy on navigation. Business News 7976-7977 /7-7-2010 30A Artide133 Construction and development of navigation information system shall use satellite technology duty established in the navigational information sys­ tem structure. CHAPTERXDI OfFICERSOFSAILING-NAVIGAllONSUPPORIING FAOLillESANDNAVIGA.TION lR£COMMUNlCATION Part One Sailing-Navigation Supporting Facilities Artide 134 (1) Operation and maintenance of Sailing-Navigation Supporting Facilities shall be conducted by of­ ficers that have complied with the requirements. (2) The requirements referred to in paragraph (1) shall cover: a. education; . b. skill; and c. health. (3) Educational requirement referred to in para­ graph (2) letter a must hold certificate of edu­ cation and training on Sailing-Navigation Sup­ porting Facilities issued by the Minister. ( 4) The certif"icate on education and training on Sail­ ing-Navigation Supporting Facilities referred to in paragraph (3) consists of: a. basic training on Navigation Supporting Fa­ cilities; and b. skill training Navigation Supporting Facilities. (5) The skill requirement referred to in paragraph (2) letter b shall cover skill in operating, main­ taining, and repairing equipment of S;iiling-NilYi­ gation Supporting Facilities. {6)The .... 31A (6) The health requirement referred to in paragraph (2) letter c shall cover: a. physical and mental health as proven by statement letter of health from Government hospital appointed by the Minister; and b. free from narcotic and prohibited drugs as proven by statement letter from Government hospital appointed by the Minister. (7) Further provision on requirements on education, skill, and health of the officers for Sailing-Navi­ gation Supporting Facilities shall be governed in Regulation of the Minister. PartTwo Navigation Telecommunication Officers Article 135 (1) Operation and maintenance of Navigaton Tele­ communication shall be conducted by officers that have complied with the requirements. (2) The requirements referred to in paragraph (1) shall cover: a. education; b. skill; and c. health. (3) Educational requirement referred to in para­ graph (2) letter a must have certificate on edu­ cation and training on Navigation Telecommuni­ cation issued by the Minister. ( 4) The educational and training certificate referred to in paragraph (3) consists of: a. Global Maritime Distress and Safety System (GMDSS) Radio Operator: 1. Certificate for limited Radio Operator (ORT); 2. Certificate for Public Radio Operator (ORU); 3. Certificate for Second Level Electronic Radio Operator (SRE 11); and 4. Certificate for First Level Electronic Radio Operator (SRE I), Business News 7976-7977/7-7-2010 b. Navigational Telecommunican Technician (TTP): 1. Third Level TTP; 2. Second Level TTP; and 3. TTP tingkatI. c. Vessel Traffic Service operator: 1. Basic VesselTraffic Service and 2. Advance Vessel Traffic Service. (5) Skill requirement referred to in paragraph (2) letter b shall cover skill to operate, maintain, and repair Navigation Telecomunication equip­ ment. {6) Health requirement referred to in paragraph {2) letter c covers: a. physically and mentally healty as proven by statement letter on health from Government hospital appointed by the Minister; and b. free from narcotic and prohibited drugs as proven by statement letter from Government hospital appointed by the Minister. (7) Further provision on requirements for education, skill, and health of the Navigation Telecomuunication officers shall be governed in Regulation of the Minister. Articlel36 Operation of coastal radio station and ship radio station shall be conducted by officers that at least hold certificate for Public Radio Operator (ORU), CHAPTERXIV ADMINISTRATIVE SANCTIONS Article 137 Business entity, owner, and/or operator of the ship that fails to carry out its obligations and responsibilities referred to in Article 33 paragraph (2), Article 42 paragraph {1), Article 43 paragraph (2), Article 49 paragraph (2), Article 63 paragraph (2), Article 82 paragraph (1) Article 116 paragraph (;3} ........ {3}, Article 119 paragraph {1}, Article 120 para· · graph (1), Article 121 paragraph (4), Article 122 paragraph (1), or Article 122 paragraph {4) are subject to administrative penalty in the form of: a. reminder; b. freezing of the license; or c. revocation of the license. Artide138 32A Any Captain failing to report all the infor­ mation referred to in ArtideJ.4 paragraph {1), Ar• tide 15 paragraph (1), Article 80 paragraph (1), Article 82 paragraph {1), Article 83 paragraph (1), Article 113 paragraph (1), or Article 120 paragraph {1} is subject to administrative penalty in the form of: a. written reminder; or b. freezing ofthe navigational certificate. Artide139 Further provision on the procedure on ad­ ministrative penalty shall be governed in Regula­ tion of the Minister. CHAPTERXV Q.OSlNGPROVISION Artide140 With this Government Regulation comes to force, all statutory regulation which rank is lower than this Government Regulation govering the pro­ vision on navigation matters is declared survive, to the extent that they do not contravene or not re­ placed by a new one based on this Government Regulation. Business News 7976-7977 /7-7-2010 Article 141 With this Government Regulation takes ef· feet, Government Regulation Number 81 Year 2000 concerning Navigation {Statute Book of the Repub­ licoflndonesia Year 2000 Number 160, Supplement to Statute Book of the Republic of Indonesia Num­ ber 4001} is revoked and is declared null and void. Artide142 This Government Regulation takes effect on the date it is enacted. For public cognizance, this Government Regulation shall be announced be placing it in the Statute Book of the Republic of Indonesia. Stipulated in Jakarta On January 6, 2010 PRESIDENTOFTiiE REPUBI.ICOFINOONESIA, sgd DR. H. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta On January 6, 2010 MINISTER OF LAW AND HUMAN RIGKTSOFTHE REPUBLIC OF INDONESIA, sgd. PATRIALISAKBAR STAT\lfE BOOK REPUBLIC OF INDONESIA YEAR 2010 NUMBERS ELUCDATION ......... . { To be continued } ==={ MA)=== ~ N£m.,s ~ ~ N£m.,s 28A NAVIGATIONAL MATTER (Government Regulation of RI Number 5 Year 2010, dated January 6, 2010) (Continued from Business News No. 7976-7977 pages 16A-32A] ELUCIDATION OF GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA NUMBER 5 YEAR 2010 CONCERNING NAVIGATIONAL MATTER J. GENERAL Indonesia is the biggest State in the world consisting of islands with the longest coastal line with very important geographical location viewed from political and economical conferring great responsibility in the managemeng of the region specifically on navigation matter. Navigation activities have important role in sea transportation which constitutes support­ ing and motivating the grown of the national economy. For such purpose it is en­ deavored to be able to cover up Indonesian wa­ ters which is considered risky to navigation safety, based on the condition and situation of Indonesian waters, and to comply with the re­ quirements of international law. Navigation activities are conducted to ac­ complish navigation safety on Indonesian waters by accomplishing navigation space and channel to be safe, reliable, and sufficient navigational facilities and infrastructure, meteorology service, professional human resource, and efficient tech­ nology. In the effort to accomplish such objective operation of Sailing-Navigation Supporting Facili­ ties is managed by the Government in ordre to aceomplish navigational service and safety. To operate navigational activities in all In­ donesian waters, the Government shall estab­ lish navigational disbict. Other than conducting navigational activi­ ties on Indonesian waters navigational district shall also conduct supervision on part of the navi­ gational activities conducted by business entity. Operation of Sailing-Navigation Supporting Facilities and Navigation Telecommunication must be consistent with international provision either concerning the requirement or the standard of facilities and infrastructure of qualification of human resource. Business News 7979-7980/7-14-2010 Other function of navigational activity is very strategic either from political side, economy, and stabilization of security defence. Other than to mark the borders of the territory of the State sovereignty in the context of Unitary State of the Republic of Indonesia (NKRI} and stabiliza­ tion of defense and security, it also functions to motivate accelerated growth of economic activi­ ties. The Government in this case may delegate part of the operation of Sailing-Navigation Sup­ porting Facilities and Navigation Telecommunica­ tion to business entity. In the effort to to guar­ antee security and safety Sailing-Navigation Sup­ porting Facilities and Navigation Telecommunica­ tion against disturbance to the facilities func­ tion by other party which secure and safe zones have been stipulated surrounding the installa­ tion and construction of the Sailing-Navigation Supporting Facilities and Navigation Telecommu­ nication. With this effort it is hoped that navigation which process is directing ship mobility from one point to another point safely and smoothly may be accomplished. In order to accomplish safe navigation chan­ nel for navigation traffic dredging activities shall be needed for navigation channel and port pool as well as reclamation. This Government Regulation also governs ship piloting for the purpose of safety and secu­ rity of navigation on the waters that is obliged to use piloting serive and on waters that need extraordinary piloting. In conducting piloting this Government Regulation stipulates the port operator as the piloting operator. Piloting operation may also be delegated to port business agency or special terminal man­ agement. Any ship that is obliged to sail on naviga­ tion channel so that space layout and arrange­ ment of navigation channel are absolutely re­ quired and at the same time anticipate any ship accidental disaster such as collision, run aground, sunk that may rise surrounding the navigation channel. The ..... The location of the ship encountering disas­ ter may cause disturbance to the safety and security of the waters for other ships so that it is necessary to lift up and/or remove the ship skeleton. To facilitate lifting up and/or removal activi­ ties of the ship skeleton in good order, such ac­ tivities must be conducted by means of the sal­ vage effort that also functions to rescue the ship encountering the disaster and/ or its load, and at the same time clear the navigation channel from all subwater for the purpose of safety and security on the waters and preservation of the environment. Other than for navigation interest, the waters can also be utilized for various pur­ poses such as exploration and exploitation of natural oil and gas, installation of telecommuni­ cation cable and electric cable, pipeline, fishery and marine activities To support such purposes, construction of building and installation on the waters must be arranged in such way so as not to disturb the safety and security on the waters, preservation of the environment, and protection of the con­ struction and installation. In the effort to support navigation opera­ tion and improvement of service to the people and to support formulating the policy on naviga­ tion, the Government shall establish and develop effective, efficient and integrated information network involving relevant parties by utilizing telecommunication information technology. Navigation information data will be docu­ mented and announced and shall be accessible for use by the people that need to utilize tele­ communication information technology. This navigation information network uses installed satellite technology and will be devel­ oped within the navigation district. Based on the foregoing consideration, it is necessary to stipulate Government Regulation that governs navigation matter that constitute implementation of the Law Number 17 Year 2008 concerning Navigation. n. ARTICLE BY ARTICLE Article 1 through Article 5 Self-explanatory. Article& Paragraph (1) Navigation channel shall be operated for the purpose of: Business News 7979-7980/7-14-2010 29A a. orderly ship traffic; b. monitoring ships mobility; c. directing ships mobility; and d. implementation of the rightto peaceful traffic of foreign ships. Paragraph (2) Self-explanatory. Paragraph (3) Participation of business entity in the op­ eration of navigation channel is meant to develop and maintain navigation channel pertaining to its relationship with business entities in utilizing navi­ gation channel. Paragraph ( 4) Self-explanatory. Article 7 through Article 11 Self-explanatory. Article 12 Paragraph (1) Self-explanatory. Paragraph (2) Letter a and Letter b Self-explanatory. Letter c Free space height below construction cross­ ing above the reiver for the interest of the river ships shall be adjusted to the river channel classifi­ cation. Article 13 Self-explanatory. Article 14 Paragraph (1) Self-explanatory. Paragraph {2) Letter a Self-explanatory. Letter b What is meant by "arrival time" shall be Es­ timated Time of Arrival (ETA). Paragraph {3) .... ~. Paragraph (3} Self-explanatory. Article 15 Paragraph (1} and Paragraph (2} Self-explanatory. Paragraph (3} Letter a through Letter c Self-explanatory. Letter d What is meant by "other information" shall cover change of weather, presence of new danger to navigation (such as ship skeleton and the rise of a new island on the waters}, the presence ofsunken ship or collision, and the presence of pollution on the sea. Article 16 through Article 20 Self-explanatory. Article 21 Paragraph (1} Letter a The visual on Sailing-Navigation Supporting Facilities during day time is known from: a. the color; b. the peak sign; c. the form of the construction; and d. the Letter Code and its Figure. Visual on Sailing-Navigation Supporting Fa­ cilities during night time is known from: the rhythm and color of the light. Letter b Electronic Sailing-Navigation Supporting Fa­ cilities is used to transmit information through other electromagnetic system in order to determine the direction and position of th ship. Letter c Audible Sailing-Navigation Supporting Facili­ ties is used to transmit information on the position of the Sailing-Navigation Supporting Facilities by sound. Paragraph (2} Self-explanatory. Article 22 through Article 24 Self-explanatory. BusinessNews7979-7980/7-14-2010 30A Article 25 Letter a Self-explanatory. Letter b What is meant by "disturbance prevention, protection, and securing operation of Sailing-Navi­ gation Supporting Facilities" shall be to prevent Sail­ ing-Navigation Supporting Facilities and its support­ ing facilities from physical disturbance and natural disturbance originating from human action and con­ dition of nature, with the objective to maintain continousoperation and improvement of operational quality. Article 26 through Article 29 Self-explanatory. Article 30 Paragraph (1} Procurement activity of Sailing-Navigation Supporting Facilities shall cover: a. procurement of new location; or b. procurement of replacement. Paragraph (2} What is meant by "particular interest" shall be procurement of Sailing-Navigation Supporting Facilities for navigation channel marking heading the special terminal. Particular location shall be among other things, special terminal region, dredging activities, and location for ship skeleton. Paragraph (3} Self-explanatory. Article31 Self-explanatory. Article32 Paragraph (1} and Paragraph (2} Self-explanatory. Paragraph (3} Letter a Self-explanatory. Letter b Hydrography means measuring and obser­ vation activities executed in waters territory and around cost to describe landscape partly or wholly, mainly ..... mainly area inundated by water in a flat area (map paper) presented in the form of information about depth points, contour line of depth and high points as well as various diversity above and below sea surface. Letter c through Letter e Self-explanatory. Article 33 through Article 40 Self-explanatory. Article41 Paragraph (1) Obstacle means a condition potential to dis­ turb or impede on-water transport traffic, such as ship wreckage in shipping lane. Paragraph (2) Self-explanatory. Article 42 and Article 43 Self-explanatory. Article44 Paragraph (1) The utilization cost of shipping navigation auxiliary facilities is only imposed on the use of ship­ ping-navigation auxiliary facilities which are built. Paragraph (2) Self-explanatory. Paragraph (3) Letter a through Letter c Self-explanatory. Letter d 31A In the interest of assistance seeking means, among others seeking assistance for medical treat­ ment, ships encountering failure, ships disembark­ ing sick people, or encountering accident on account that other activity is not executed upon staying at the nearest port. Letter e Sailing trial is executed in the framework of building and repairing ships. Letter f Self-explanatory. Business News 7979-7980/7-14-2010 Paragraph (4) Self-explanatory. Article45 Self-explanatory. Article46 Paragraph ( 1) Self-explanatory. Paragraph (2) Authority of the Government, provindal gov­ ernment, or regency/ municipality government in planning, procurement, installation, construction, and maintenance of navigation channel facilities shall as follows: a. the Government shall handle planning, procure­ ment, installation, construction, and maintenance of navigation channel facilties for Class I; b. provincial government shall handle planning, pro­ curement, installation, construction and mainte­ nance of navigation channel facilities for Class Il;and c. regency/ municipality shall handle planning, pro­ curement, installation, construction and mainte­ nance of navigation channel for Class III. Paragraph (3} Self-explanatory. Article 47 through Article 71 Self-explanatory. Article72 Paragraph (1} Letter a and Letter b Self-explanatory. Letter c Construction shall mean among other things, installation of advertisement. Letter d and Letter e Self-explanatory. Paragraph (2) Self-explanatory. Article 73 through Article 76 Self-explanatory, Article 77 ..... Article 77 Paragraph (1) What is meant by "Navigation Telecommuni­ cation Network" shall be a series of Navigation Tele­ communication device and its complementary tools used in the context of telecommunication. Paragraph (2) Letter a What is meant by "Band Medium Frequency" shall be frequency space with the lowest limit of 300 KHz (three hundred kilohertz) and the limit of 3.000 Khz (three thousand kilohertz). What is meant by "Band High Frequency" shall be frequency with the lowest limit of 3 Mhz (three megahertz) and the highest limit of 30 MHz(thirty megahertz). What is meant by "Band Very High Fre­ quency" shall be frequency space with the lowest limit of 30 Mhz (thirty megahertz). Letter b What is meant by "List Of Radio Determina­ tion and Special Service stations• shall be list of radio stations operating navigation service in determin­ ing and special navigation service in determining speed position, and/ or other information relating to several applicable parameters, using radio wave propagation. Article 78 through Article 85 Self-explanatory. Articles& Paragraph ( 1) Information service on sea weather is meant for the purpose of navigation transportation, fish­ ery, sea tourism, mining, defense and security, search and rescue, and preservation of the envi­ ronment. Paragraph (2) Self-explanatory. Article87 Cooperation is meant to collect data on weather from the ship and broadcast the informa­ tion on navigation widely. Article 88 through Article 91 Self-explanatory. Business News 7979-7980/7-14·2010 32A Article92 Paragraph (1) What is meant by" construction or installa­ tion" shall be any construction either existing on and/ or below the waters surface. Paragraph (2) In any establishment and/or alteration to construction of installation over waters, it is nec­ essary to consider preservation and layout· of ma­ rine space. Paragraph (3) and Paragraph (4) Self-explanatory. Article 93 and Article 94 Self-explanatory. Article95 Paragraph ( 1) Letter a What is meant by "particular navigation channel facilities" shall be among other things, the buoy, surveillance post, pagete, water height scal­ ing recorder, and flow resisting construction. Letter b Self-explanatory. Paragraph (2) and Paragraph (3) Self-explanatory. Article 96 through Article 98 Self-explanatory. Article99 Paragraph (1) through Paragraph (3) Self-explanatory. Paragraph ( 4) Letter a and Letter b Self-explanatory. letter C What is meant by "other areas" shall be among other things, Ship to Ship Transfer (STS)ara, Traffic Separation Scheme (TSS) area, and Anchor­ age Area. Paragraph (5) and Paragraph (6) Self-explanatory. Article 100 ..... Article 100 through Article 103 Self-explanatory. Article 104 Letter a through Letter f Self-explanatory. Letter g Expert for dredging work shall cover civil engineering, mechnical engineering, naval engineer­ ing, marine engineering, ANT1 (navigator), and ATT1 (ship engineer). Expert for reclamation work on the waters and surrounding ( using dredging boat and dredg­ ing material) shall cover civil engineering, mechani­ cal engineering, naval engineering, marine engineer­ ing, ANT1 (navigator), ATT1 (ship engineer), geodecy engineering and surveyor. Article 105 through Article 107 Self-explanatory. Article 108 Paragraph (1) What is meant by "piloting obligatory wa­ ters" shall be any region of waters which due to its condition needs piloting for ship of the size GT 500 (five hundred Gross Tonnage) or more. What is meant b\t "waters with a,ttraordi­ nary piloting" shall be any region of waters which due to condition of the waters no piloting shall be needed but if the Captain needs it he may request for piloting service. n. Paragraph (2) through Paragraph (5) Self-explanatory. Article 109 and Article 110 Self-explanatory. Article 111 Paragraph (1) What is meant by "piloting beyond port wa­ ters" shall be piloting service conducted: a. offsite the waters that needs piloting service; b. on waters where extraordinary piloting service exists within the Indonesian territory; and c. on waters where extraordinary piloting service exists on narrow channel that is prone to ship accident / collision. Business News 7979-7980/744-2010 33A Deep sea piloting officer is also called Deep Sea Pilot. Paragraph (2) Self-explanatory. Article 112 and Article 113 Self-explanatory. Article 114 Paragraph (1) and Paragraph (2) Self-explanatory. Paragraph (3) What is meant by "may be delegated" shall be fulfilling the need according to the requirement and provision in the statutory regulation which may revoke if he fails to carry out his duty as required. Article 115 and Article 116 Self-explanatory. Article 117 If any ship released from its obligation from using piloting service in this provision needs pilot­ ing service, such piloting service shall be provided according to the applicable procedure on piloting service. Letter a Self-explanatory. Letter b What is meant by "State ship used for gov­ ernmental duty" shall be ship used by certain gov­ ernmental agency assigned the function and author­ ity in accordance with the statutory regulation pre­ vailing on enforcement of the law and other gov­ ernmental duties, for example, research in the sea and installation of Sailing-Navigation Supporting Facilities Article 118 Self-explanatory. Article 119 Paragraph (1) Insurance may be closed by insurance busi­ ness agency or underwriting financial institution like rotection and Indemnity Club (P&I Club), Paraa@ph {2} .. :.; 34A Paragraph (2) and Paragraph (3) Self-explanatory. Artlde120 Paragraph (1) What is meant by •1s person or legal entity• which name is registered as the owner of the ship in official ships register prior to coming ship skel­ eton, Report shall consist of data of the ship and position of the ship. Paragraph (2) Determination of level of disturbance causecl by ship skeleton tp the navigation safety is based on navigational operation and development of the region. Artide 121 through Artide 125 Self-explanatory. Artide126 Paragraph (1) Self-explanatory. Paragraph (2) Salvage operational activities must also ob Paragraph (2) Underwater work operational acthriti~ ' also observe preseivation of the environment. For,: eign workers and foreign flag ship carrier may be used in accordance with the provisions in the statu­ tory regulation. Paragraph (3) Self-explanatory. Article 128 through Article 133 Self-explanatory. Article 134 Paragraph (1) through Paragraph (5) Self-explanatory. Paragraph (6) Letter a What is meant by • physically healthy" shall be free from color blind, hearing defect and non­ stammering. Letter b Self-explanatory, seive preseivation of the environment. Foreign Paragraph (7) workers and foreign flag ship carrier shall operate Self-explanatory. in accordance with the statutory regulation. Paragraph (3) Self-explanatory. Artide127 Paragraph (1) Underwater work is not included in cultiva­ tion and fish catching activities conducted by tra­ ditlonat/minorfishermen BusinessNews7979-7980/7-14-2010 Article 135 through Article 142 Self-explanatory. SUPPI.EMENTTOSTATUTEBOOl<OF THEREPUBC,.ICOFINDONESIANUMBER5093 ===(MA)=== B.asine.s.s News (18) Rus..iJtes.s N.e1u.s