Regulation of the Minister of Marine Affaires and Fishery No. PER.13/MEN/2005 on the Coordination Forum of Criminal Handling in Fisheries Sector

REGULATION OF MINISTER OF MARINE AFFAIRS AND FISHERIES NUMBER PER.13/MEN/2005 CONCERNING COORDINATION FORUM FOR CRIMINAL ACTION HANDLING IN FISHERIES SECTOR BY THE GRACE OF THE ALMIGHTY GOD THE MINISTER OF MARINE AFFAIRS AND FISHERIES, Considering : a. that as a follow up to the Article 73 paragraph (3) Law Number 31 Year 2004 Concerning Fisheries, in terms of criminal action handling in the field of fisheries needs to establish The Coordination Forum for Criminal Action Handling In The Field of Fisheries; In view of b. : 1. that therefore it requires to be regulated in the Ministerial Regulation; Law Number 5 Year 1983 Concerning Exclusive Economic Zone of Indonesia; 2. Law Number 2 Year 2002 Concerning Republic of Indonesia National Police; 3. Law Number 16 Year 2004 Concerning Attorney General Office of The Republic of Indonesia; 4. Law Number 31 Year 2004 Concerning Fisheries; 5. Law Number 32 Year 2004 Concerning Regional Government; 6. Government Regulation Number 54 Year 2002 Concerning Fish Farm; 7. Presidential Decree Number 187/M Year 2004 as amended by Presidential Decree Number 8/M Year 2005; 8. Presidential Regulation Number 9 Year 2005 Concerning Positions, Duties, Functions, Organizational Structures, and Work Procedures of the State Ministries of the Republic of Indonesia; 9. Presidential Regulation Number 10 Year 2005 Concerning Organizational Unit and Duties of Echelon I of State Ministries of the Republic of Indonesia, as amended by Presidential Regulation Number 15 Year 2005; 10. Presidential Decree Number 42 Year 2002 Concerning Implementation Guidelines of State Revenue and Expenditure Budget; 11. Minister of Marine Affairs and Fisheries Regulation Number PER.07/MEN/2005 Concerning Organization and Work Procedure of the Department of Marine Affairs and Fisheries; DECIDE: To stipulate : REGULATION OF MINISTER OF MARINE AFFAIRS AND FISHERIES CONCERNING COORDINATION FORUM FOR CRIMINAL ACTION HANDLING IN FISHERIES SECTOR. CHAPTER I POSITIONS, DUTIES, AND FUNCTIONS Article 1 In order to support the smooth implementation of investigator duties and to facilitate communication and exchange of data, information and other matters required in the context of effective and efficient handling and/or settlement of criminal acts in the fisheries sector in an integrated manner, a Coordination Forum for Criminal Action Handling in the Fisheries Sector was established. Article 2 Coordination Forum for Criminal Action Handling in Fisheries Sector as referred in Article 1 is located under and responsible to the Minister of Marine Affairs and Fisheries. Article 3 Coordination Forum for Criminal Action Handling in Fisheries Sector as referred in Article I has a duty to coordinates criminal investigations in fisheries sector. Article 4 In implementing the duties as referred in Article 3, Coordination Forum for Criminal Action Handling in Fisheries Sector has the following functions: a. to coordinate criminal investigation activities in fisheries sector; b. to identify the types, modus operandi, volumes, and dissemination of criminal actions in fisheries sector; c. determination of the type of criminal actions in fisheries sector that prioritized to be processed in stages; d. counseling and development to the community to prevent the criminal acts in the fisheries sector; e. to periodically analyze, identify, and measure the significance of criminal actions in the fisheries sector; f. to design the forms of activities coordination to eradicate the criminal actions in fisheries sector; g. formularization and to sophisticating the Strategy to Eradicate Criminal Actions in the Fisheries Sector; h. monitoring and presenting implementation reports on the criminal acts eradication in the fisheries sector; i. assessment and evaluation of the effectiveness of the Eradication Strategy in Fisheries Sector in a sustainable manner. CHAPTER II ORGANIZATIONAL STRUCTURE Article 5 Organizational Structure of Coordination Forum for Criminal Action Handling in Fisheries Sector consists of: a. Chairman : Minister of Marine Affairs and Fisheries. b. Deputy Chairman I : Head Staff of The Indonesian Navy. c. Deputy Chairman II : Head of The Republic of Indonesia National Police. d. Secretary I : Director General of Supervision of Marine concurrently member Control and Fisheries Resources, DKP. e. Secretary II : Operational Assistant of The Head Staff of The concurrently member Indonesian Navy. f. Members : a. Solicitor General for Special Criminal Sector, Attorney General Office; b. Legal Development Agency Head of Indonesian Police; c. Director General of Immigration, Ministry of Law and Human Rights; d. Director General of Marine Transportation, Ministry of Transportation; e. Director General of Customs and Excise, Ministry of Finance; f. Director General of Manpower Supervision Development, Ministry of Manpower and Transmigration; g. Director Court; of Law and Justice, Supreme CHAPTER III TECHNICAL TEAM Article 6 (1) To support the Coordination Forum for Criminal Action Handling in Fisheries Sector duties, the Technical Team was established according to needs. (2) The membership of Technical Team consists of related institution and determined by the Chairman of Coordination Forum for Criminal Action Handling in Fisheries Sector. (3) Technical Team are responsible to deliver the reports to the Chairman of Coordination Forum for Criminal Action Handling in Fisheries Sector when performing their duties. CHAPTER IV COORDINATION FORUM FOR CRIMINAL ACTION HANDLING IN FISHERIES SECTOR IN DISTRICT Article 7 (1) Coordination Forum for Criminal Action Handling in Fisheries Sector in District is determined by the Governor for Province and Regents/Mayors for Regency/City. (2) The Organizational Structures of Coordination Forum for Criminal Action Handling in Fisheries Sector in District consists of related institution in local Province or Regency/City. CHAPTER V BUDGETING Article 8 Any required budget in implementing the duties of Coordination Forum for Criminal Action Handling in Fisheries Sector are charged to the State Revenue and Expenditure Budget of the Ministry of Marine Affairs and Fisheries. CHAPTER VI CLOSING PROVISIONS Article 9 This Ministerial Regulation comes into force as from the date of stipulation. Legalized in Jakarta on 10 October, 2005 MINISTER OF MARINE AFFAIRS AND FISHERIES signature FREDDY NUMBERI Copied according to the original Head of Law and Organization Bureau Narmoko Prasmadji