Presidential Regulation No. 81/2005 on the Coordinating Board for Security in the Sea

2A COORDINATING BOARD FOR SECURITY IN THE SEA (Presidential Regulation No. 81/2005 dated December 29, 2005) WITH THE GRACE OF THE ALMIGHiY GOD THE PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering: a. that, enforcemeot of law and security in Indonesian waters is implemented by various government insti­ tutions so that it should be coordinated in order to operate effectively; b. that, the Coordinating Board for Security In The Sea established pursuant to Joint Decree of the Minister of Defense and Security/Chief of Armed Forces, the Minister of Communications, the Minister of Finance, the Minister of Justice, and the Attorney General No. Kep/B/45/XII/1972, S.K. 901/M/1972, Kep. 779/MK/ III/12/1972, J.S. 8/72/1, and Kep.085/J.A.12/1972, is deemed no longer suitable to the current legal development and government administrative arrange­ ments that it should be restipulated; c. that, in consideration of the matters as meant in para­ graphs a and b, and in the framework of enforce­ ment of the provisions of Article 23 paragraph (3) and Article 24 paragraph (3) of Law No. 6/1996 on Indonesian Waters, it is deemed necessary to restipulate regulations on the Coordinating Board for Security In The Sea by a Presidential Regul,ation; In view of: 1. Article 4 paragraph (1) of Constitution of 1945; 2. Law No. 6/1996 on Indonesian Waters (Statute Book of 1996 No. 73, Supplement to Statute Book No. 3647); DECIDES: To stipulate: PRESIDENTIAL REGULATION ON COORDINATING BOARD FOR SECURiiY IN THE SEA. CHAPTER I GENERAL PROVISIONS Article 1 Hereinafter referred to as: Business News 7350/19-4-2006 1. Indonesian Water Territory is as set forth in Law No. 6/1996 on Indonesian Waters and other applicable laws and the prevailing international conventions. 2. Coordination of Security In The Sea is combining of activities and operations of security in the sea per­ formed by government institutions pursuant to the applicable laws. 3. Activities of Security In The Sea is planned actions performed routinely and functionally by each institu­ tion in the framework of guarding, monitoring, pre­ vention, and action-taking against violations against the law, and safety and protection of public and gov­ ernment activities in Indonesian waters. 4. Operations of Security In The Sea is planned actions performed specifically and to achieve certain targets or goals by each competent institution (independent operation of security in the sea) and/or by two or more institutions jointly (joint operation of security in the sea) in the framework of guarding, monitor­ ing, preventing, and action-taking against violations against the law, and safety and protection of public and government activities in Indonesian waters. CHAPTER II POSillONS, DUTIES, AND FUNCTIONS Article 2 The Coordinating Board for Security In The Sea, which is hereinafter called BAKORKAMLA, is a non-struc­ tural institution reporting to the President. Article 3 BAKORKAMLA is in charge of coordinating ar­ . rangement of policies and performance of activities and operations of security in the sea integrally. Article 4 In performing the duties as meant in Article 3, BAKORKAMLA shall: a. Arrange and stipulate general policies on security in the sea; b. Coordinate ..... b. Coordinate activities in performance of duties in se­ curity in the sea consisting of guarding, monitoring, preventing, and action-taking against violations against the law, and protection of shipping and pro­ tection of public and government activities in Indo­ nesian waters; c. Give technical and administrative support in security in the sea integrally. CHAPTER IHI ORGANIZATION Article 5 Members of BAKORKAMLA consist of: a. Chairman b. Members : The Coordinating Minister for Poli­ tics, Law, and Security : 1. The Minister of Foreign Affairs 2. The Minister of Home Affairs 3. The Minister of Defense 4. The Minister of Justice and Human Rights 5. The Minister of Finance 6. The Minister of Communications 7. The Minister of Marine and Fisher ies 8. The Attorney General 9. Chief of Indonesian Armed Forces 10.Chief of Indonesian Police Forces 11.Chief of State Intelligence Agency 12.Chief of Indonesian Naval Forces c. Secretary and : Head Operational Division of Member BAKORKAMLA CHAPTER IV OPERATIONAL DIVISION OF BAKORKAMLA Article 6 (1)To support acceleration of performance of duties and functions of BAKORKAMLA, an Operational Division is established. (2)The Operational Division is chaired by Head of Op­ erational Division reporting to Chief of BAl<ORKAMLA. (3)The Operational Division of BAKORKAMLA is in charge to give technical and administrative support to BAKORKAMLA in performing its duties and functions. Article 7 The Operational Division consists of: Business News 7350/19-4-2006 3A a. Team for Coordination of Security In The Sea, which is called TIM KORKAMLA; b. Secretariat of Operational Division of BAKORKAMLA; c. Centres. Article 8 (l)TIM KORKAMLA ls established by Chief of BAKORKAMLA. (2)TIM KORKAMLA as meant in paragraph {1) is chaired by Head of Operational Division of BAKORKAMLA with members consisting of echelons I or officers of simi­ lar level who functionally represent government in-· stitutions being members of BAKORKAMLA and other government institutions deemed necessary. (3)TIM KORKAMLA is in charge of: a. Preparing draft general policies on security in the sea; b. Drafting, monitoring, and evaluating the perfor­ mance of coordination of activities of security in the sea. Article 9 (l)The Secretariat of Operational Division of BAl<ORKAMLA is chaired by a Secretary. (2)The Secretary is in charge of providing administra­ tive services of BAKORl<AMLA. (3)The Secretariat of Operational Division of BAl<ORKAMLA as meant in paragraphs (1) and (2) consists of maximum three (3) divisions, and each division consists of maximum three (3) sub divisions. Article 10 (1)The Centres are chaired by Centres' Heads. (2)The Centres as meant in paragraph (1) are in charge of doing preparations and giving technical support to BAKORKAMLA. (3)The number of Centres within the Operational Divi­ sion of BAKORl<AMLA is maximum three (3). ( 4) Each Centre consist of Administrative Sub Division and maximum four ( 4) departments, and each department consists of maximum three (3) sub departments. Article .... , . Article 11 (l)In the framework of performance of duties, a Task Force for Coordination of Security In The Sea, which is hereinafter called SATGAS KORKAMLA, is estab­ lished. (2)SATGAS KORKAMLA is an ad hoc task force estab­ lished to perform certain duties in the framework of joint operation of security in the sea. CHAPTER V OPERATIONAL PROCEDURE Article 12 General system and procedure for coordination of activities and operations of security in the sea is stipu­ lated by Decision of Chief of BAKORKAMLA. Article 13 (l)BAKORKAMLA shall arrange coordination meeting periodically, at least once in a month or any time if necessary. (2)If deemed necessary, BAl<ORKAMLA may involve other related ministers and/or officials in the coordi­ nation meetings arranged by BAKORKAMLA. Article 14 Chief of BAKORKAMLA shall report the perfor­ mance of duties and functions of BAKORKAMLA to the President periodically or any time if deemed necessary. CHAPTER VI RANK, APPOINTMENT, AND DISMISSAL Article 15 (l)The rank of the Head of Operational Division of BAKORKAMLA is echelon Ia. (2)The rank of the Secretary of the Operational Division and Centre's Head is echelon Ila. (3)The rank of Head of Division and Head of Depart­ ment is echelon IIIa. (4)The rank of Head of Sub Division and Head of Sub Department is echelon IVa. Article 16 (l)Head of Operational Division of BAKORl<AMLA is ap­ pointed and dismissed by the President at the pro­ posal of Chief of BAKORl<AMLA. Business News 7350/19-4-2006 4A (2)Echelons II and lower and other officers within BAKORKAMLA are appointed and dismissed by Head of Operational Division of BAKORl<AMLA. CHAPTER VII FINANCING Article 17 All costs for the performance of duties and func­ tions of BAKORKAMLA shall be for the account of the State Revenue and Expenditure Budget and other valid sources. CHAPTER VIII OTHER PROVISIONS Article 18 Description of duties, organizational structure, and operational procedure of the Operational Division of BAKORKAMLA shall be stipulated by Chief of BAKORKAMLA after receiving prior written approval of the minister for empowerment of state apparatuses. CHAPTER IX TRANSITORY PROVISIONS Article 19 (l)AII regulations concerning coordination of security in the sea shall remain valid as long as they are not in contradiction with and are not yet amended and/or replaced by other regulations based on this Presi­ dential Regulation. (2)With the validity of this Presidential Regulation, all regulations concerning coordination of security in the sea in contradiction with this Presidential Regulation are declared invalid. CHAPTER X CLOSING PROVISIONS Article 20 This Presidential Regulation is valid since the date it is stipulated. Stipulated in Jakarta On December 29, 2005 THE PRESIDENT OF THE REPUBUC OF INDONESIA Sgd DR. H. SUSILO BAMBANG YUDHOYONO ( E )-------