Regulation of the Minister of Home Affairs No. 30/2010 on guidance for managing resources in maritime territory

6A GUIDANCE FOR MANAGING RESOURCES IN MARITIME TERRITORY (Regulation of the Minister of Home Affairs Number 30 Year 2010 dated April 15, 2010) BY GRACE OF GOD THEALMIGHlY THE MTNTSTFR OF HOMFAFFAIRS OF THE REPUBUC OF INDONESIA, Considering: That in order to implementthe provision of Article 18 of Law Number32 Year 2004 on Regional Administra­ tion as already amended several times and the latest by Law Number12 Year 2008 regarding the Second Amend­ ment to Law Number 32 Year2004 on Regional Adminis­ tration, it is necessary to stipulate a regulation of the Min­ ister of HomeAffairs on Guidance for Managing Resources in Mantlme lerritory; In view of: 1. LawNumber8 Year 1985 on Social Organization (Stat­ ute Book of the Republic ofIndonesia Year1985 Num­ ber 44, Supplementto Statute Book of the Republicof IndonesiaNumber3298); 2. Law Number 27 Year 2007 on Management of Coastal Areas and Isles (Statute Bookof the Republicof Indo­ nesia Year 2007 Number 84, Supplement to Statute Book of the Republic of Indonesia Number 4738); 3. LawNumber39 Year 2008 on State Ministries(Statute Bookof the Republic of Indonesia Year2008 Number 166,Supplement to Statute Bookof the Republic of In­ donesia Number 4916); Business News 8057-8058/1-19-2011 4. Government Regulation Number38 Year 2007 on Shar­ inq of PublicAdministration Affairs between the Gov­ ernment, Provincial Administration and Regental/Mu­ nicipal Administration (Statutp Bonk of the Republic of Indonesia Year2007 Number 82, Supplement to Stat­ ute Book of the Republic of Indonesia Number 4737); 5. GovernmentRegulation Number 41 Year2007 on Or­ ganization of Regional Apparatuses (statute Book of the Republic of Indonesia Year 2007 Number 89, Supple­ ment to StatuteBook of the Republic of Indonesia Num­ ber 4741); 6. Government Regulation Number8 Yea'" 2008 on Phases of Procedures for Formulating, COntrolling and Evalu­ atingthe Implementationof Regional Development Plan (Statute Book of the Republicof Indonesia Year 2.008 Number21, SUpplement to Statute Book of the Repub­ licof Indonesia Number 4R17); DECIDES: To stipulate: IHE RtGULAllON OF THl:: MINISIE:R OF HOMt AI--f'AIRS ON GUIDANCE FOR MANAGING RESOURCES IN MARITIME TERRITORY CHAPTER I GENERAL PROVISION Article 1 Referred to in this requlation as: 1. Maritime ..... 7A 1. Maritime Resource Management shall be all efforts to optimize benefit of maritime resources 2. Maritime Resources shall be bioloqical and non-bio­ logical substances contained in maritime area and us­ able for enhancing human welfare. 3. Maritime Territory shall be sea space constituting geo­ graphic totality along wilh all related substances with the boundary and system determined on the basis of administrative and/or functional aspects, which is mea-­ sures from coastline towards offshore and/or archiplegaic waters, maximally 12 (twelve) nautical miles for a province and 1/3 (one thirds) of the provin­ cial jurisdiction for a regency/city, including coastal areas and isles. 4. Exploration shall be an activity or survey of potentials of maritime resou rces with the implement?ltion based on environmental condition. 5. Exploitation shall be an activity or effort to utilize mari time resources based on support capacity of the envi­ ronment. 6. Conservation Area shall be a specific part of maritime territory having special characteristics as a totality of ecosystem, which is protected, preserved and utilized Wisely to realize sustainable management. 7. Management of Sea Space shall be a process of stipu­ lation of space/area based on the existing resources in maritime tarrttorv. 8. Traditional Fisherment shall be communities exploit­ ing maritime resources from generation to generation by using traditional materials and equipment as daily source of income. Business News 8057-8058/1-19-2011 9. CoastalCommunities shall village/sub-district commu­ nities living along the coastal areas, influced by com­ plexity, activity in management of coastal and mari­ time resources. 10. Maritime Social Organization hereiafter maritime ormas shall be a nationalism-oriented non-govern mental organization established by Indonesian citi­ zens voluntarily, which is registered at local regional government as well as shall not be a wing of party undertaking activities to enhance socio econorny 01 fishermen, preserve maritime resources and develop knowledge and skill of fishermen relying their life on maritime resources. 11. COmmunity Empowerment shall be efforts to encour­ age, motivate and generate awareness of potentials as well as develop capacity of communities in a bid to enhance capability and independence of Village/sub­ district communities so as to be able to identify the existi nq potentia Is and uti lize them optimally, participatorily for collective prosperity and welfare in environmentally sound and sustainable manner. 12. Stakeholders shall be users having direct interest in the utilization of maritime resources, such as tradi­ tional fishermen, coastal communities, maritime so­ cial organization, modern fishermen, breeders, tour­ ism organizers and fishery business communities. 13. Adaptation shall be action to adjust to impact of cli­ mate change. 14. Mitigation shall be various active actions to anticipate Impacts ofclimate Change. CHAPTER II ..... CHAPTER II MANAGEMENTAU1HORfTY Article 2 (1) Regions shall be authorized to manage maritime re­ sources by virtue of their authority (2) The authority to manage resources in maritime terri­ lory CISmeant ill paragraph (1) shall be maximally 12 (twelve) nautical miles from coastline towards offshore or archipelagic waters for a province and 1/3 (one thirds) of the provincial authority for a regency/city. Article 3 The management of resources in maritime terri­ tory as meant in Article 2 shall include: a. exploration; b. exploitation; c. conservation; d. adaotatton and climate change; e. administrative regulation; f. spatial regulation; g. maritime wealth management; h. taw enforcement of regulations issued by regions or having authority thereofdelegated by the government; and i, participation ;n the preservation of state security and sovereignty. QiAPTERIII Pl..MINING Artide 4 (1) Regional administration shall formulate plans to man Business News 80S7-80S8/1-19~201l SA age resources in maritime territory as meant in Article 3 by virtue of their authority, consisting of: a. strategic plan; b. zoning plan; c. management plan; and d. action plan. (2) The planning of resource management in maritime territory by provinces shall take into account of the planning of maritime resource management of regen­ cies/cities in their territory. (3) 111e planning of maritime resource management by provinces and regencies/cities shall take into account the planning ot maritime resource management of prov­ ince and regency/city sharing border with the prov­ ince. (4) The formulation of plan to manage resources in mari­ time territory becoming authority of the government for national interests shall involve provincial and re­ gency/municipal governments. (5) The Minister of Home Affairs shall coordinate the for­ mulation of the plans to manage resources in mari­ time territory as meant in paragraphs (1), (2), (3), and (4). Article 5 (1) The strategic plan and zoning plan as meant in Article 4 paragraph (I) letters a and b shall be written down Into Regional Long-Term Development Plan. (2) The strategic plan as meant in avat (1) shall contain vision, mission and directive of regional development in the field of the management of resources in mari­ time territory. (3) The ..... (3) The zoning plan as meant in paragraph (1) may con­ tain the following areas: a. public utilization; b. conservation; c. certain national strategic; and d. sea lane. (4) The zoning plan as meant in paragraph (3) shall be formulated by observing: a. the existing potentials in maritime territory; and b. conservation area stipulated by the government. Article 6 The management plan as meant in Article 4 para­ graph (1) letter c shall be written down into Regional Me­ dium Term Development Plan. Article 7 The action plan as meant in Article 4 paragraph (1) letter d shall be written down into Regional Develop­ ment Action Plan. Article 8 The formulation of the management planas meant in Article 4, Article 5, Article 6, and Article 7 shall refer to legislation. Article 9 9A (2) Governors and regents/mayors shall inventory the data and information as meant in paragraph (1) shall cover: a. the existing resource potential; b. resource potential already utilized and supporting capacity thereof; c. resource potential not yet utilized and supporting capacity thereof; and d. legal entities licensed or recommended to utilize resources. Article 10 (1) Governors and regents/mayors shall formulate rnari­ time spatial management plan in their respective ter­ ritories by referring to the zoning plan as meant in Article 5 pareqraph (3). (2) The maritime spatial management plan as meant in paragraph (1) shall constitute part of provincial and regency/municipal spatial plan stipulated by regional regulation. Article 11 (1) The formulation of maritime spatial management plan by province shall take into account of maritime spatiiJ! plans of regencies/cities in the provincial territory. (2) The formulation of maritime spatial management plan by provinces and regencies/cities shall take into ac (1) The formulation of the plan to manage resources in maritime territory as meant in Article4 shall be based on data and information. BUSiness News 8057-8058/1-19-2011 count maritime spatial plan of provinco: ·"n(~·t'::;(C" cies/clties sharing border with the the pl·o\k..:~s 3(:C: regencies/cities. CD The lOA (3) The formulation of the maritime spatial management plan as meant in paragraphs (1) and (2) shall be coor­ dinated with related ministrics/LPNK. CHAPTER IV MANAGEMENT Part One Exploration Article 12 (1) RegioIlcll yuvemlllenb may explore resurces in mari­ time territory by virtue of their authority. (2) Everybody and legalentity may conductexplorationafter securing license from heads of regions. (3) Further provision on requirements and procedures for securing the license as meant in paragraph (2J shall be stipulated by a regulation of head of region. Article 13 (1) Everybodyand legalentity planning to explore resources in maritime territory belonging to authority of the gov­ ernment, located in maritime territory belonging to authority of provincial and regency/municipal govern­ ments shall secure license from the government. (2) Everybody and legal entity already securing the license as meant in paragraph (1) shall report to governor or regent/mayor. (3) Governors and regents/mayors shall monitor activities executed by the parties already securing license as meant in paragraph (1). BusinessNews 8057-8058/1-19-2011 Part Two Exploitation Article 14 (1) Regional governments may exploit resurces in mari­ time territory by virtue of their authority. (2) Everybody and legal entity may conduct exploitation after securing license from heads of regions. (3) Further provision on requirements and procedures for securing the license as meant in paragraph (2) shall be stipulated by a regulation ofhead of region. Article 15 (1) Everybodyand legal entity planning to exploit resources in maritime territory belonging to authority of the gov­ ernment, located in maritime territory belonging to authority of provincial and regency/municipal govern­ ments shall secure license from the government (2) Everybody and legal entity already securing the license as meant in paragraph (1) shall report to governor or regent/mayor. (3) Governors and regents/mayors shall monitor activities executed by the parties already securing license as meant in paragraph (1). Part Three Conservation Article 16 (1) Governors and regents/mayors may stipulate cer­ tain part of their maritime territory as conservation area. (2) The ..... (2) The conservation area as meant in paraqraoh (1) snail be stipulated by referring to legislation. Article 17 Provincial and regency/municipal governments as well as stakeholders shall be obliged to supervise and pro­ tect the conservation area stipulated by the government in maritime territory by virtue of their authority. Part Four Adaptatic and Mitigation of Climate Change Article 18 In formulating a plan for managing resources in maritime territory, regional governments shall be obliged to include substances containinq efforts to adapt and miti­ gate impacts of climate change. Article 19 Adapation and mitigation of climate change shall be executed by involving the government, regional gov­ ernments and/or communities. Article 20 The adaptation nd mitigation of climate change as meant in Article 18 shall be executed by observing aspects: a. social, economy and culture of communities; b. environmental conservation; c. benefit and effectiveness; as well as d. scope of territory sire. Business News 8057-8058/1-19-2011 llA Part Five Management of Maritime Potential Articlc 21 (1) Regional governments may manage maritime poten­ tials by virtue of their authority. (2) The management of maritime potential as meant in paragraph (1) may only be executed in areas: a. public utilization; b. conservation; and c. sea lane. (3) The management of maritime potential as meant in paraqraph (2) Icttcr b and letter c shell be done rc strictively in accordance with legislation. Article 22 (1) Everybody and legal entity may rnaanqe maritime po­ tentials after securing license from heads of regions. (2) Further provision on requirements and procedures for securing the license as meant in paragraph (1) shall be stipulated by a regulation of heads of regions. Article 2.3 (1) Everybody and legal entity planning to manage mari­ time potential belonging to authority of the govern­ ment, located in maritime territory belonging to au­ thority of provincial and regency/municipal governments shall secure license from the government. (2) Everybody and legal entity already securing the license as meant in paragraph (1) shall report to governor or regent!mayol. (3) Governors ..... (3) Governors and regents/mayors shall monitor activities executed by the parties already securing license as meantin paragraph (1). Article 24 Traditional fishermen shall be excluded from the license as meant in Article 22. Article 25 Everybody and legal entity undertaking fishing ac­ tivities in provincial and regency/municipal maritime terri­ tory by using fishing vessel shall be obliged to use vessel in accordance with the tolerable size according to legislation. Part Six Law Enforcement Article 26 (1) Reqional governments shall enforce law for regula­ tions issued by regions and/or regulations having au­ thority thereof delegated by the government. (2) Everbody ascertaining violation and/or crime against the authority of the government and regional govern­ ments in maritime territory shall be obHgedto report the case to the authorized apparatuses or regional gov­ ernments. Part Seven Preservation of State Security, Defense and Sovereignty Article 27 (1) Governors and regents/mayors and every citizen shall take part In preservrng security and defense of state BusinessNews 8057-8058/1-19-2011 12A sovereignty in maritime territory by virtue of their au­ thority. (2) The preservation of security and defense of state sovereighty as meant in paragraph (1) shall be ex­ ecuted in accordance with the provision of legislation. CHAPTER V COMMUNITY EMPOWERMENT Article 28 (1) Governors and regents/mayors in executing the man­ agement of resources in maritime territory shall em­ power: a. traditional fishermen and coastal communities; b. community organizations in maritime field; and c. sodal institutions. (2) The empowerment of traditional communities and coastal mmmunities as meant in paragraph (1) letter a shall be executed through activities: a. socialization of policies of the government, provin­ cial governments and regency/municipal govern­ ments regarding resource management policy in maritime territory; b. counseling, training in the use of appropriate tech­ nology! catching and preservation of fish as well as advocacy of cultivation activities; c. facilitating the establishment of fishermen coopera­ tives operating in the provision of fishing/cultiva­ tion, marketing and credit union instruments; and d. conduct facilitation with lJ,mking, cooperetives and fishing business communities in the provision of capital or creclt, procurementof fishing and culti­ vation instruments as well as marketing of fishing and c'J\tivatiofl outcomes. (3) The..... (3) The empowerment of social organizations in maritime sector as meant in paragraph (1) letter b shall be ex­ ecuted through activities: ' a. socialization of policies of the government, provin­ cial governments and regental/municipal govern­ ments on management of resources in maritime tprritory b. counseling and training in the use of appropriate technology, preservatation offish and cultivation as well as procedures for establishing cooperatives; and c. socialization of policies and procedures for preserv­ irlg security and defense of state sovereignty in mari­ time territory. CHAPTER VI PUBLlCPAR110PA110N Article 29 (1) Regional governments shall involve communities and stakeholders in every activity of planning and rnanaqe­ ment of resources in maritime territory. (2) Regionalgovernments, legalentities and individuals man­ aging resources in maritime territory shall observetradi­ tionallaw and custom effective in local communities. CHAPTER VII R.JNDING Article 30 The cost of formulation of document of plan and management of resources in maritime territory shall come from: a. state budget; BUSiness News 8057-8058/1-19-2011 13A b. Provincial budget; c. regency/municipal budget; and d. other legitimate and non-binding sources. CHAPTERVTlT FOSTERING AND SUPERVISION Article 31 (1) The Minister of Home Affairs shall foster and super­ vise the management of resources in the maritime sec­ tor, which is executed by provincial governments and reqency/rnunlcipel yovernrrlerlts. (2) The fostering as meant in paragraph (1) shall include: a. acceleration of the formulation of maritime resource planning and management; b. empowerment of traditional fishermen and coastal communities; and c. em powerment of social organizations in maritime sector. (3) The supervision as meant in paragraph (1) shall in­ clude: a. acceleration of the formulation of maritime resource planning and management; b. empowerment of traditional fishermen and coastal communities; and c. empowerment of SOCial organizations in maritime sector. CHAPTER IX CONCLUSION Article 32 The regulation shall come into force '?- fr,-,- t',,;:, date of stipulation. For ..... Forpubliccognizance, the regulationshallbe pro­ mulgated by placing it in State Gazetteof the Republic of Indonesia. Stipulated Jakarta On April 15, 2010 THE MINISTER OFHOME AFFAIRS OF THE REPUBUC OFINDONESIA sgd GAMAWAN FAUZl BUsiness News 8057-8058/1-19-2011 14A Promulgatedin Jakarta On April 15, 2010 THE MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBUC OFINDONESIA sgd PATRIAUS AKBAR ~( R)~~~ ~ ArtIcle 23D .....