Regulation Of The Minister Of Transportation Number Pm68 In 2011

Original Language Title: Peraturan Menteri Perhubungan Nomor PM68 Tahun 2011

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RKM GROOVE pelayaran_PERSIAPAN for TTD URMenkumham.doc TRANSPORT MINISTER REGULATION NUMBER 1 PM 68 in 2011 ABOUT the GROOVE cruise at SEA with the GRACE of GOD ALMIGHTY the MINISTER of TRANSPORTATION, Considering: that in order to implement the provisions on the Organization of the Groove-cruise at sea, Ocean Islands Indonesia Flow utilization and building or installation in the waters as provided for in article 18 and article 97 the Government Regulation No. 5 of 2010 on Kenavigasian need to set Regulations, the Minister of transportation of the Groove-cruise on the sea. Remember: 1. Act No. 6 of 1996 about the waters of Indonesia (the State Gazette of the Republic of Indonesia Number 73 in 1996, an additional Sheet of the Republic of Indonesia Number 3647); 2. Act No. 17 of 2008 about the voyage (Gazette of the Republic of Indonesia Number 64 in 2008, an additional Sheet of the Republic of Indonesia Number 4849); 3. Government Regulation Number 36 in 2002 about the rights and obligations of Foreign Ships in carrying out Peaceful Cross Through the waters of Indonesia (State Gazette of the Republic of Indonesia number 70 in 2002, an additional Sheet of the Republic of Indonesia Number 4209); 4. Government Regulation Number 37 in 2002 about the rights and obligations of Foreign ships and Aircraft in the exercise of the right of the cross-flow of Sea Islands Through the Groove of the Sea Islands (Gazette Republic of Indonesia in 2002 www.djpp.depkumham.go.id 2 number 71, an additional Sheet of the Republic of Indonesia Number 4210); 5. Government Regulation Number 61 in 2009 about the Kepelabuhanan (State Gazette of the Republic of Indonesia Number 151 in 2009, an additional Sheet of the Republic of Indonesia Number 5070); 6. Government Regulation number 5 in 2010 of Kenavigasian (State Gazette of the Republic of Indonesia number 8 in 2010, an additional Sheet of the Republic of Indonesia Number 5093); 7. Government Regulation Number 20 of 2010 on waters Transport (State Gazette of the Republic of Indonesia number 26 of 2010, an additional Sheet of the Republic of Indonesia Number 5108) as amended by the Government Regulation number 22 in 2011 about changes to government regulation Number 20 of 2010 on waters Transport (State Gazette of the Republic of Indonesia Number 43 in 2011, an additional Sheet of the Republic of Indonesia Number 5208); 8. Government Regulation Number 21 of 2010 on the protection of the maritime Environment (State Gazette of the Republic of Indonesia Number 27 of 2010, an additional Sheet of the Republic of Indonesia Number 5109); 9. Presidential Decree Number 50 in 1979 about the Endorsement of the International Regulations on the prevention of Collision at sea Regulation Impacts 1972; 10. Presidential Decree Number 65 in 1980 about the passage of the "International Convention for the Safety of Life at Sea 1974"; 11. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries; 12. The decision of the Minister of transport Number 173/AL 401/PHB-84 about the enactment of The IALA Maritime Bouyage systems to A Region In order of Navigation Aids-cruise in Indonesia; www.djpp.depkumham.go.id 3 13. The decision of the Minister of transportation KM Number 30 in 2006 about the Organization and governance of the working districts of navigation; 14. Regulation of the Minister of transportation Number KM 60 of 2010 about the Organization and the work of the Ministry of transportation; 15. Regulation of the Minister of transportation KM Number 62 in 2010 about the Organization and the work of the Office of the Penyelanggara Unit of the port; Decide: Define: REGULATION Of The MINISTER Of TRANSPORTATION Of The GROOVE-CRUISE On The Sea. CHAPTER I GENERAL PROVISIONS article 1 in this rule is: 1. The waters of the territorial sea is lndonesia lndonesia along the waters of the archipelago and the waters of the countryside. 2. The port is made up of land and/or waters with a certain boundaries as the place of the activity of Government and business activities to be used as a place to ship lean, up and down passengers, and/or loading and unloading goods, such as terminals and berths vessels equipped with the safety and security of shipping and ancillary activities of the port as well as the place of the intra-and interregional transfer mode of transportation. 3. Flow-cruise on the sea waters is in terms of depth, width and other cruise highway is considered safe and happy to navigate the ship ocean freight. www.djpp.depkumham.go.id 4 4. Crossing is a waters where there are one or more lanes of traffic each intersect with one or more other major lines. 5. The right of the cross-flow of Sea Islands was the right of foreign ships and aircraft to do the voyage or flight in accordance with the provisions of the Convention with the normal way just to do a continuous transit, direct, and as soon as possible and not obstructed. 6. Hydrographic Survey is the activity measurements and observations made about the beaches and waters of the region to represent part or all of the Earth's surface, especially the digenangi by water, at a flat field (paper map) are presented in the form of information points in depth, depth contour lines and high points and a wide diversity of above and below sea level. 7. Route System is a system of one or more and or determine the path that is directed in order to reduce the risk of accident victims. 8. Chart dividing traffic (Traffic Separation Scheme) is a routing scheme that is intended to separate the traffic of ships the opposite direction with proper procedures and with procurement routes for traffic. 9. Route the two way (two-way Route) is a path with given the limits within which the set two way traffic, aimed at providing a cross is safe for ships through waters where difficult and dangerous to navigate. 10. the recommended Track (Recommended Track) is a lane which has been tested specifically to ensure as far as possible that it is free from hazards along which ships are advised to cross it. 11. the Area to be avoided (Area to be Avoide) is a traffic consists of areas with given limits inside which one side Navigation dangerous or very serious exception is important to avoid the danger of accident and which should be avoided by all ships or vessels of certain sizes. www.djpp.depkumham.go.id 5 12. Cross-Shore area (Inshore Traffic Zone) is a traffic consists of a specific area between the boundaries of the land to a chart dividing traffic and adjacent beaches. 13. The regional round (roundabout) is a specific path consists of a dot separator or circular chart dividers and circular lanes of traffic within the limits specified. Traffic in the Roundabout is limited by movement in the counterclockwise around a point of demarcation boundaries or area. 14. The area of vigilance (Precautionary Area) is a traffic consists of areas with given limits where vessels must navigate with a major concern and where in the direction of the traffic flow has been recommended. 15. Route the water inside (Deep Water Route) is a path with given limits which has been accurately surveyed were to limit the distance from the bottom of the sea and underwater obstacles obstacles as described dipeta the sea. 16. Building or construction is any good installation is above and/or below the surface of the water. 17. the Landing Point is the point of geographical coordinates that are specified as the starting point of the cable or pipe line of the sea. 18. District navigation is Implementing Technical Units in the field kenavigasian in the Environment Directorate General of Sea Transportation Ministry of transportation which is under and is responsible to the Director General of Sea Transportation. 19. The Director General is the Director General of Sea Transportation. 20. The Minister is the Minister of transportation. CHAPTER II the GROOVE CRUISE at SEA-article 2-Groove cruise at sea consists of: www.djpp.depkumham.go.id 6 a. General-cruise and flow of goods; and b. the Groove cruise-port entry. Article 3 for the Groove-cruise at sea as in article 2, the Minister is obligated to establish: a. flow-cruise on the sea; b. system of routes; c. Traffic Ordinance; and d. areas of the ship in accordance with the significance of labuh. CHAPTER III ORGANIZATION of the GROOVE CRUISE at SEA-article 4 conduct of the Groove-cruise at sea conducted to: a. order ship traffic; b. monitor the movement of the ship; c. direct the movement of the ship; and d. the exercise of peaceful traffic of foreign ships. Article 5 (1) Conducting extensive cruise at Sea carried out by the Government. (2) Organizing the Groove cruise at sea as referred to in subsection (1) include the following: a. the planning; b. development; c. operation; d. maintenance; and e. the supervision. Article 6 (1) Groove cruise-planning activities at sea as referred to in article 5 paragraph (2) letter a include: a. flow development plans-cruise on the sea; and b. the Setup flow-sailing on the sea. (2) a plan to build a Groove-cruise at sea as referred to in paragraph (1) letter a was compiled based on: www.djpp.depkumham.go.id


7 a. National Harbor master plan; b. the development dimensions of the vessel and type of vessel; c. traffic density; d. geographical conditions; and e. the efficiency of distance of the cruise. (3) the arrangement of flow-cruise at sea as referred to in paragraph (1) letter b was conducted to: a. order ship traffic; b. safety and security to navigate; and c. the maritime environmental protection. Article 7 On the Groove cruise-planning activities as referred to in article 6 paragraph (1) letter a noteworthy things as follows: a. the narrow lines Setup; b. a dead point (point of no return); c. width of grooves in one direction; d. the width in Bend-bend grooves; e. the width of two way flow; f. regional sports movement. Article 8 On narrow trails arrangement referred to in article 7 letter a driving straight line marked with enough length of at least 5 (five) times the length of the largest ships at either end of the line. Article 9 On the dead point (point of no return) as referred to in article 7 letter b. include the following: a. the provision of emergency lines to outside plots, especially for long furrows and heavy traffic. b. the distance between "dead spots" to the entrance of the Harbour for large vessels is made as short as possible. Article 10 On the planning of the width of the grooves in one direction as stipulated in article 7 letter c. the width of the Groove – a one way flow must not be less than 5 (five) times the width of the largest of ships. www.djpp.depkumham.go.id 8 article 11 On wide planning in turn – turn the Groove as referred to in article 7 letter d, additional width to the course based on the length of P from the ship, so 1/8. ² p/R, with R – radius turn. Article 12 on a two-way flow wide planning as referred to in article 7 letter e, the width must be coupled with three (3) or up to 5 (five) times the width of the largest ships plus the impact of irregularities because the flow and/or wind. Article 13 in the regional planning processes to a motion referred to in article 7 letter f, its depth shall be determined having regard to the information provided about under keel clearance. Article 14 (1) cruise-flow development activities at sea as referred to in article 5 paragraph 2 letter b include: a. hydrographic surveys; b. preparation of technical design; c. preparation of working methods; and d. the navigation Aids placement-cruise. (2) the hydrographic survey Activities referred to in paragraph (1) letter a consists of: a. a map of bathimetric; b. current patterns; c. the tides; and d. the basic types of waters. (3) preparation of technical design Activities as referred to in paragraph (1) letter b include: a. a profile/pieces lengthwise and transverse; b. width of grooves, extensive outdoor, and depth according to the size of ships that will pass through Groove-cruise on the sea; c. slope/tilt Groove-cruise on the sea; and d. the geographical coordinates of the point location and the area to be dredged. (4) the activities of the preparation methods of work as referred to in paragraph (2) Letter c 9 www.djpp.depkumham.go.id include: a. the procedures for execution of development; b. the use of the equipment; and c. implementation schedule development. Section 3 activities of the operation referred to in article 5 paragraph (2) Letter c covers: a. determination of the route system; b. Traffic Ordinance; c. determination of Navigation Aids-cruises; d. loading into the map of the sea and the cruise Guide; and e. announced by establishments that duty and responsibility in the field of ocean mapping. Article 16 maintenance activities as referred to in article 5 paragraph (2) letter d include: a. periodically once each year; and b. at any time when necessary. Article 17 (1) Surveillance Activities referred to in article 5 paragraph (2) letter e is carried out by: a. measurements of the depth of; and b. monitoring the incidence of barriers to cruise. (2) Surveillance Activities referred to in subsection (1) is conducted by the local Navigation District. Article 18 (1) a business entity can be included in the development, operation, and maintenance of the Groove-cruise on the sea that led to the special terminals managed by the business entity. (2) Organizing the Groove cruise at sea by a business entity as referred to in subsection (1) is carried out after obtaining permission from the Minister. www.djpp.depkumham.go.id 10 CHAPTER IV SYSTEM ROUTES article 19 (1) for the purposes of safety and smooth sailing on the waters of certain, specified the route systems encompassing: a. Chart dividing traffic (traffic separation scheme); b. two-way route (two way routes); c. the recommended detour line (recommended tracks); d. route the water inside (deep water routes); e. areas that should be avoided (the areas to be avoided); f. inland traffic area (inshore traffic zones); g. regional vigilance (precaution areas); and h. the regional round (roundabouts); (2) the determination of the route of the system referred to in subsection (1) is based on: a. flow conditions-cruise on the sea; and b. the consideration of traffic density. (3) the determination of the route of the system referred to in subsection (1) must take into account the following factors: a. the existence of a system of routes in the area to be set; b. State of ship traffic and the possibility of changing the conditions of the traffic; c. existence of a fishing area; d. existence as well as the possibility of the development of off-shore exploration, exploitation of the sea bed and its sub soil; e. reliability of Navigation Aids-cruise, Hydographic Survey and map the sea; f. geographic circumstances; and g. the existence as well as the possibility of the development of the area of conservation. Article 20 (1) Chart dividing traffic at sea (traffic separation scheme) as referred to in article 19 paragraph (1) letter a is assigned based on: a. the condition width Groove-cruises; b. the dimensions of the ship; c. sailing traffic density; d. danger of cruises; www.djpp.depkumham.go.id 11 e. specific properties of the ship; f. specific flow; g. each Groove is normally used for International Navigation. (2) two-way Route (two way routes) as referred to in article 19 paragraph (1) letter b are set based on: a. the condition width Groove-cruises; b. the dimensions of the ship; c. sailing traffic density; d. danger of cruises; e. the special properties of the ship; f. specific flow; g. each Groove is usually used for international shipping. (3) the recommended detour Line (recommended tracks), as referred to in article 19 paragraph (2) Letter c is established to: a. the ship's skipper when entering the Guide Groove-cruise on the sea; b. the guidelines that have been set on the map of the sea; c. indicate the critical point of a curve; d. clarify the routes safe for ships. (4) Route the water inside (deep water routes) as referred to in article 19 paragraph (1) letter d assigned based on: a. the dimensions of the ship; a. under keel clearance; b. the draught of the ship; c. condition of the seabed in the map of the sea; d. navigational hazards; e. describe specific points to a turn. (5) the area to be avoided (the areas to be avoided) as referred to in article 19 paragraph (1) letter e are set based on: a. location labuh anchors that have been set; b. a protected location; c. condition of the seabed in the map of the sea; d. navigational hazards. (6) the inland traffic Area (inshore traffic zones) as referred to in article 19 paragraph (1) letter f are defined based on: a. is intended for vessels less than 20 metres in length; www.djpp.depkumham.go.id 12 b. routes intended to reach and out of the port; c. intended for ships fish around the traffic separation scheme (TSS) that will carry out the activity; d. the vessel in conditions do not operate properly. (7) areas of vigilance (precaution areas) referred to in article 19 paragraph (1) of the letter g is assigned based on: a. location labuh temporary; b. regional joint Board to get into bagan separator; c. the area determined to ship a cutting chart dividers. (8) round areas (roundabouts) referred to in article 19 paragraph (1) letter h are set based on: a. the condition width Groove-cruises; b. the dimensions of the ship; c. sailing traffic density; d. danger of cruises; e. the special properties of the ship; f. specific flow; g. each Groove is usually used for international shipping; h. used to guide traffic by way of circling counter-clockwise round the separatist regions. Article 21 system referred to in article 19 paragraph (1) are listed in the map of the sea and sailing instructions and announced by the authorized agency. Section 22 Indonesia Islands Sea Groove, the waters of the narrow, Strait and certain places are made a route system to ensure safety, smooth as well as paying attention to the environment that must be obeyed by all ships. www.djpp.depkumham.go.id


13. CHAPTER V of the ORDINANCE in the TRAFFIC FLOW on the SEA-cruise Section 23 of the Ordinance-traffic Assignment should consider: a. flow conditions-cruise; b. traffic density; c. the size, condition and loaded (draught) ship; d. flow and ebb; and e. the weather conditions. Article 24 (1) in the Groove cruise traffic-congested and narrow, necessary arrangements through a system of vessel traffic route the ship (ship's routeing system) established by the Director General. (2) the ship's route System (ship's routeing system) referred to in subsection (1) include the following: a. a chart dividing traffic (traffic separation scheme); b. two-way route (two way routes); c. the recommended track (recommended tracks); d. the areas that should be avoided (the areas to be avoided); e. traffic Beach area (inshore traffic zones); f. regional rounds (roundabouts); g. special concern areas (precaution areas); h. route the water inside (deep water routes). (3) system route the ship (ship's routeing system) which had been established by the Director-General will be broadcast through the News Indonesia Sailors and sea map published in Indonesia issued by the authorized agency. Article 25 (1) to ensure the safety, security and order diperairan, ship/ship leader nahkoda in planning and execution of the voyage or can search for weather information via the Coast Radio station and the condition of the waters through Marine Scouting books and through broadcasting News Mariners Indonesia. (2) Broadcasting as mentioned in subsection (1) is the most recent information (update), due to the occurrence of changes in the weather and the condition of the water. www.djpp.depkumham.go.id 2 of article 26 of the Ordinance in the traffic flow-cruise includes settings: a. safe speed; b. measures to avoid impacts; c. the Groove cruise-narrow; d. Chart traffic separators; e. sailing ship; f. penyusulan; g. the situation of berhadap–hadapan; h. situation of the cut; i. action ships avoid; j. responsibilities between vessels; and k. though the motion of the ship in sight is limited. Article 27 the safe speed settings as stipulated in article 26 letter a include: a. each ship must always move at the speed of the safe so that it can take appropriate action and managed to to avoid impingement and can be dismissed in a distance that is appropriate to the circumstances and an atmosphere which exists; b. in determining safe speed must take into account factors – factors as follows: 1. by all vessels: a) the State of the vision; b) traffic density, including centralizing-centrality of the ship or any other ship; c) ability of sports motion ships with special reference on the distance and the ability to stop spinning in the existing circumstances; d) at night the presence of background light such as light bulbs – which comes ashore or hambur, reflective of lighting – lighting – alone; e) State of wind, sea and current, as well as the existence of danger – a navigation hazard in the vicinity; f) laden (draught) ships in respect of the depth of the water. 2. for ships that are equipped with radar that worked well: a) special properties, effectiveness and limitations of aircraft radar; b) any constraints caused by radar distance scale is used; www.djpp.depkumham.go.id 15 c) influence of sea state, weather and other sources of interference on the radar sensing; d) the possibility that the boat – small vessels, ice and other floating objects are not terindera by radar at an adequate distance; e) the number, location and movement of terindera ships by radar; f) more precise estimates of eyesight if possible when radar is used to determine the distance of ships or other objects in the vicinity. Article 28 Setting the action to avoid impingement as stipulated in article 26 letter b include: a. any actions taken to avoid impacts, if circumstances permit, should be firm, made in ample time and really pay attention to the terms – these terms of kepelautan good; b. any turnaround and/or speed to avoid impacts, if circumstances permit, should be large enough that it soon became apparent to another vessel observing with vision or radar; a series of small changes from the bow and/or speed should be avoided; c. If there is enough space, the turnaround just may be the most successful actions in order to avoid a situation of mutual approaching too meeting, provided that the change is carried out within the time early enough, seriously and does not lead to the occurrence of the situation of mutual approaching too tightly; d. actions taken to avoid impingement with other boats must be such that it produces pelewatan with a safe distance, the result to that action must be examined carefully to another ship that was ultimately passed and free at all; e. If necessary to avoid impacts or giving more time to assess the State of the ship, must reduce its speed or eliminating its speed at all with a lay off or run backwards driving means. www.djpp.depkumham.go.id 16 Article 29 Setting the Groove cruise-narrow as stipulated in article 26 letter c covers: a. the ship was cruising down the Groove cruise or cruise the narrow water, must sail as closely as possible with the outer limits of the Groove cruise-cruise or water on the right, whenever it is safe and practicable; b. ships the length of which is less than 20 metres or sailing ship should not obstruct the path of the ship can only sail safely in the Groove-cruise or cruise the narrow water; c. ships were catching fish should not be thwarted the way every other ship that was cruising around in the Groove-cruise or cruise the narrow water; d. ship should not cut off the flow of water or the cruise-cruise the narrow if such cuts would impede the path of the ship can only sail safely in the Groove-cruise or cruise the narrow water. The last mentioned boats should use sound signals prescribed in COLREG, if in doubt against a vessel mean cut it; e. in the Groove-cruise or cruise the narrow water if penyusulan can only be done if the ship were to be followed by action to allow pelewatan with safe, then the ship intends to overtake it must state the intent with the appropriate cue uttered with that specified in the COLREG, ships that will be followed by that, if approved, should make the appropriate signals specified in the COLREG and takes steps to get through safely. If in doubt, the ship was allowed to make a cue-cue that are specified in the COLREG; f. ship that was approaching the bend or the area of the Groove-cruise or cruise the narrow water at that spot other ships can be hindered by sailing alingan, must with special alertness and caution and shall send abroad the cue that corresponds to that specified in the COLREG; g. each ship, if circumstances permit, should prevent her anchor anchored in Groove-cruise the narrow. www.djpp.depkumham.go.id 17 article 30 Traffic Arrangements on the chart traffic separators as stipulated in article 26 letter d include: a. the ship was using a chart dividing traffic must: 1. sailing in the appropriate traffic lane in the direction of public traffic for the line; 2. as far as possible remain free of a dividing line or zone of demarcation of traffic; 3. traffic lines entered or left in General from the end line, but when the enter or leave the action line was done from one side, that action must be done in such a way to form an angle that every detail against the direction of traffic flow. b. whenever possible, she should avoid cutting off lines of traffic, but if forced to do so, had to cut the general direction of traffic flow with the traffic flow direction towards the smallest detail; c. traffic zones near the beach in General should not be used by the public traffic can safely use the appropriate traffic lane within the adjacent separators chart. But ships the length of which is less than 20 metres and the ships of the screen in all circumstances should be inside the traffic zones near the beach; d. a ship that is being cut or a ship is entering or being left the line, should not enter the zone separator or cut the line separator, except: 1. in an emergency to avoid sudden hazards; 2. to fish in the zone separator. e. ships are sailing in areas near the ends of the chart traffic separators must sail with very carefully; f. wherever possible, the ship must avoid her anchor anchored inside the chart traffic separators or in areas near the edges; g. ship that doesn't use a chart dividing traffic should avoid it by as wide a-threshold width; h. boats are catching fish should not be thwarted the way every other ship that was following the path of then-cross; www.djpp.depkumham.go.id


18 i. vessels less than 20 metres in length or a sailing ship should not obstruct the Road safe ship energy are following traffic lanes; j. the ship sporting ability of motion is limited, when operations are doing to take care of the means of salvation sailing inside the chart traffic separators are exempt from the obligation to meet this rule because of the importance of conducting the operation; k. the ship sporting ability is limited, when the movements are conducting operations to locate, fix or lifting pipes and cables in the sea chart, traffic separators, are exempt from the obligation to meet this rule. Article 31 of the Ordinance Setting traffic sailing ship as stipulated in article 26 letter e include: a. when the two vessels were approaching each other in a way that would result in the danger of impact, one of the two ships should avoid other ships as follows: 1. when each got wind in different gastric, then ship that got wind in stomach left must avoid other ships; 2. when both got wind of the same in the stomach, then the ship above the wind should avoid ship under wind; 3. If a ship got wind in stomach left see a ship above the wind and can not determine with certainty whether the other vessel got wind in stomach left or right, then ship it must avoid other ships it. b. to satisfy this rule, the upper side of the wind should be considered the opposite side by side place the main screen are, or for ships with the screen rectangle, is the opposite side by side place the horizontal screen. Section 32 of the Ordinance Setting penyusulan as stipulated in article 26 letter f includes: a. each ship that is being followed in other ships should avoid other ships that are being followed; b. the following shall be considered when the vessel was approaching another vessel from a direction more than 22.5 degrees behind the transverse direction, i.e. in www.djpp.depkumham.go.id 19 a position such that the ship is being followed against it at night the ship can only see the explanation of the aft, but none of his explanations; c. when the ship is in a State of doubt as to whether he was following the other boats or not, the ship had to be assumed that such was the case and act accordingly; d. any changes to baringan between two vessels which ensues will not result in the ship being cut in the sense of these rules or release him from the obligation to avoid the ship, which was being followed until the ship is bypassed and free at all. Section 33 of the Ordinance Setting the ship traffic in the situation vis-a-vis as stipulated in article 26 letter g include: a. when the two vessels are being met with power bow-bow opposite or nearly opposite so would result in the danger of impacts, each must, change haluannya to the right so that each will cross paths in his stomach; b. the situation so it should be considered to exist whenever the ship saw another vessel exactly or almost in front and in the evening the ship was able to see explanations of the other masts are located in line or almost in line and/or both gastric lighting as well as during the day the ship was observed a gatra (aspect) that fit on the other boats; c. when the ship is in a State of doubt over there is such a situation, the ship had to be assumed that the situation there and act in accordance with it. Article 34 in the settings how to ship traffic in a situation of cut as stipulated in article 26 the letter h, when two ships are sailing personnel with a bow each other cut such that it would result in the danger of impact, the ship that found other boats in his right side have to Dodge, and if circumstances permit, should prevent him cutting in front of other ships. www.djpp.depkumham.go.id 20 Article 35 in the settings how to avoid ship action as stipulated in article 26 letter i, every ship that is required to avoid other vessels, as far as possible take action early and decisively to remain free at all. Article 36 in the setting of responsibilities between vessels as stipulated in article 26 letter j include: a. a-engined ships are sailing should avoid: 1. ships which are not completely; 2. the ship sporting ability of motion is limited; 3. vessels are catching fish; 4. sailing ship. b. sailing ship that was cruising should avoid: 1. ships which are not completely; 2. the ship sporting ability of motion is limited; 3. vessels are catching fish. c. ships were catching fish as possible should avoid: 1. ships which are not completely; 2. the ship though the movements are limited. d. any vessel, except a vessel cannot be controlled or the ship sporting ability has limited, if circumstances should permit avoid himself thwarted the way secure a ship that has been hampered by more. e. ship that has been hampered by more must sail with special alertness to actually pay attention to the special keadannya it. Article 37 in the settings though the motion of the ship in limited eyesight as stipulated in article 26 letter k include: a. every ship must sail with the safe speed adapted to the circumstances and the limited vision; b. each ship should really pay attention to the circumstances and the limited vision; c. other ship mengidera ship only by radar must determine whether the developing situation of mutual www.djpp.depkumham.go.id 21 approached too tightly and/or is there a danger of impacts; d. If the ship should do the action in ample time provided that when such action consists of a turnaround, then as far as possible to avoid the following things: 1. the turnaround to the left against the ship that is in front of the transverse direction, other than the ships that are being followed; 2. the turnaround in the direction of the ship that is in a direction transverse or transverse directions behind. e. unless it has been assured that there is no danger of impacts, each ship who heard the cue the fog ship, according to the reasoning of the other is in front of the direction of the melintangnya, or which cannot avoid a situation approaching each other too tightly to a ship that is in front of the direction of the melintangnya, should reduce its speed as low as possible with the speed that the boat can hold haluannya; f. If necessary, ship negate his speed at all and somehow sailed with special alertness to dangers of impingement has passed. CHAPTER VI Article 38 SHIPS LABUH AREA (1) a specific area in the waters can be defined as the area of labuh ship. (2) the waters designated as area labuh ship referred to in subsection (1) are allocated among other things: a. the ship suffered damage; b. ships anchor anchored in a long time; c. the ship who was doing the cleaning spaces fit. (3) the location of the areas referred to in the vessel labuh paragraph (2) are defined by the Director-General on the basis of a proposal from the organisers. (4) the proposal referred to in subsection (3) comes with a recommendation from the local Navigation District. www.djpp.depkumham.go.id 22 (5) of the ship referred to in subsection (2) is required on the regional location of the anchored ship labuh already set. (6) the area of the ship as mentioned on labuh subsection (1) are listed in the map of the sea and sailing instructions as well as announced by the authorized agency. CHAPTER VII BUILDING or INSTALLATION in the WATERS of article 39 (1) in the waters can be constructed a building or installation other than for the purposes of plot-cruise. (2) the building or installation referred to in subsection (1) include the following: a. the bridge; b. pipe; c. cable. (3) a building or installation referred to in paragraph (1) of at least fulfill the mandatory requirements: a. placement, pemendaman, and tagging; b. do not cause damage to the building or installation of Navigation Aids and telecommunication facilities-cruise-cruises; c. pay attention to free spaces in the construction of the bridge; d. pay attention to the wiring of the sea corridors and pipelines under the sea; and e. be beyond the compulsory waters of pandu. (4) in addition to requirements as referred to in paragraph (3) the owner of the building or the mandatory installation of putting some money in the bank as security for the costs of replacing the demolition of buildings or installations which are not used again by the owner that the adjustment is determined by the Director General. (5) Build, move and/or dismantling of buildings or installations that are in the waters referred to in subsection (2) must have permission from the Director-General. www.djpp.depkumham.go.id


23 article 40 (1) the grant of permission to the construction, removal and/or demolition of buildings or installations in the waters referred to in Article 39 paragraph (5) was given by the Director General after fulfilling the following requirements: a. Administration; and b. technical. (2) Administrative Requirements as referred to in paragraph 1 (a) the letter a include: a. deed of establishment of the company; b. Number of tax Payer; c. have a domicile company description. (3) the technical requirements referred to in paragraph one (1) letter b include: a. a technical survey results include: 1. the geographical position of buildings or installations; 2. bathimetric; 3. hydrographic data; 4. data types and conditions of the basic layer of the waters (the sub soil); 5. determination of the geographical coordinates of the point of the landing point. b. technical calculations and design drawings of the building or installation; c. the length of time and the schedule of implementation activities; d. working methods and technical analysis; e. recommendations of Unit organizers of the port at the nearest port; f. recommendations of the district local Navigation; and g. environmental studies that have received endorsement by the competent authority. Article 41 (1) to get permission to build, move and/or dismantling the building or installation referred to in article 40 paragraph (1) the applicant submits an application to the Director General with administrative and technical meets the requirements referred to in article 40 paragraph (2) and paragraph (3). (2) Upon application as referred to in paragraph (1), the designated technical team implementing the survey location plans 24 www.djpp.depkumham.go.id construction installation or other building. (3) the Director-General issued the permission to build the installation or other building eligibility documents accepted after the complete 14 (fourteen) days of work since the survey was completed by the technical team. (4) in the event that permission to build another building or installation does not meet the requirements referred to in article 40 paragraph (2) and (3) the Director-General gave the rejection and accompanied by the reason for denial. (5) the owner of the building or installation which has obtained a permit as referred to in article 40 paragraph (1) is obligated to carry out the activities of the establishment and or alteration of buildings or installations within 6 (six) months since the permit is issued. Article 42 (1) the holder of a permit, removal, construction and/or demolition as referred to in article 41 paragraph (5) mandatory: a. carry out the construction, demolition and relocation in accordance with permission granted; b. carry out the installation facilities Navigation Aids-cruises; c. report on the implementation of development activities, demolition and removal at regular intervals every month. (2) in the event that the holder of the permit does not implement its obligations as referred to in paragraph (1) are sanctioned with revocation. Article 43 (1) Buildings or installations that do not meet the conditions referred to in article 40 paragraph (1) or not used compulsory dismantled. (2) the dismantling as referred to in subsection (1) is done by the owner of the building or installation of 14 (fourteen) days of work since declared ineligible or not in use anymore. www.djpp.depkumham.go.id 25 (3) Dismantling referred to in subsection (1) is reported to the Director General for broadcast over the radio station and the beach are listed in the map of the sea and sailing manual. (4) in terms of the time period referred to in subsection (2) is exceeded, the Director General of doing demolition at the expense of the owner of the building or installation. Article 44 (1) in every building or installation at sea mandatory Navigation Aids were installed-cruise. (2) installation of Navigation Aids-cruise referred to in subsection (1) is done by the owner of the building after the approval of the Director General. (3) the Director General of security and safety zone set sail on each building or installation. (4) the location of the building or installation, specifications of the navigation Aids-cruise, and safety and security zone sail announced with lists in the map of the sea and sailing manual as well as radio stations broadcast over the beach. (5) safety and security zone Limits consists of: a. the forbidden zone on the area of 500 (five hundred) meters from the outer side of the installations or buildings; and b. the zone of limited area 1250 (one thousand two hundred fifty) meters from the outer side of the forbidden zone or 1750 (one thousand seven hundred fifty) meters from the outermost point of the building. Article 45 (1) the construction of the pipeline and marine cables done by pemendaman. (2) Pemendaman as referred to in subsection (1) is done with the following conditions: a. its placement on the side of outer Groove-cruises; b. Groove-cruise with depths less than 20 (twenty) meter sea cable and pipe under the sea must be landfilled four (4) metres below the surface of the Seabed (natural seabed); www.djpp.depkumham.go.id 26 c. grooves-cruise to a depth of 20 (twenty) meters up to 40 (forty) meter sea cable and pipe under the sea must be landfilled two meters below the surface of the Seabed (natural seabed); or d. the Groove cruise to a depth of more than 40 (forty) meters, cables and pipelines under the sea must be landfilled one (1) metre below the surface of the Seabed (natural seabed); e. at specific locations to anticipate the development of port and shipping traffic density have to do risk assessment (risk just my assesment) inter alia through the activities of the overthrow of the largest ship anchors (anchor drop test); and f. pemendaman must sit stable in position. (3) the construction of the pipeline which cuts a Groove cruise its placement should not be placed on the corner plot-cruise. Article 46 (1) the construction of the bridge Groove-cruise at sea mandatory pay attention to free spaces as stipulated in article 39 paragraph (2) Letter c. (2) the free space referred to in subsection (1) is calculated having regard to: a. the stretch of the bridge; b. a density of ship traffic (traffic), and aircraft; c. dimensions of the ship; d. flow conditions; e. the highest high tide; f. main mast tall ship; g. the wave; h. the depths of the waters; and i. pillars of the construction of the bridge. (3) the procedures for the calculation of the free space referred to in paragraph (2) as contained in the annex to this regulation. (4) free space referred to in paragraph (2) are listed in the permit the construction of the bridge. www.djpp.depkumham.go.id 27 CHAPTER VIII of INDONESIAN ISLANDS SEA FLOW of article 47 (1) the Government set the Groove of the Sea Islands of Indonesia and the procedures for its use for the goods which is continuous, direct, and as soon as possible for foreign ships passing through the waters of Indonesia. (2) foreign ships and aircraft can carry out the right cross-flow of Sea Islands, to flight or cruise from one part of the sea exclusive economic zone across the territorial sea and the waters of the islands of Indonesia. (3) the determination of the flow of the Sea Islands of Indonesia as intended in paragraph (1) will be conducted with attention to: a. national resilience; b. the safety of sailing; c. the exploration and exploitation of natural resources; d. a wired network and pipe the seabed; e. conservation of natural resources and the environment; f. the routes normally used for international shipping; g. spatial sea; and h. the authorized international organizations recommendations. Article 48 (1) the exercise of cross-flow of Sea Islands as stipulated in article 47 is done via sea or through air flow above the flow of sea designated as the flow of Sea Islands that can be used for the implementation of the rights of cross the Sea Islands. (2) the exercise of cross-flow of Sea Islands in accordance with the provisions of this ministerial regulation in other parts of Indonesia's waters can be implemented after other dibagian-bagian the flow of the Sea Islands that can be used for the exercise of cross-flow of Sea Islands. Article 49 (1) ships and aircraft exercising the right foreign cross-flow of Sea Islands should be passed as soon as possible www.djpp.depkumham.go.id


28 through or fly over the Sea Islands flow by means of normal, solely to perform the continuous transit, direct, fast, and not obstructed. (2) a foreign ship or aircraft that is carrying out the cross-flow of Sea Islands, during the drift should not deviate more than 25 (twenty five) nautical miles to either side of the axis of the plot of the Sea Islands, provided that such ships and aircraft shall not sail or fly close to the beach less than 10% (ten per hundred) the distance between the nearest points on islands bordering the Sea Islands were flow. (3) foreign ships and aircraft during the exercise the right cross-Flow of Sea Islands should not do the threat or use of force against the sovereignty, territorial integrity, political independence or the Republic of Indonesia, or any other way that violates the principles of international law contained in the Charter of the United Nations. (4) warships and aircraft foreign military, during exercise Sea Islands, the flow of traffic should not do exercise at war or any kind of weapons training with the use of ammunition. (5) except in circumstances of force majeure in the event of accident, aircraft that are carrying out the rights of cross-flow of Sea Islands should not landing in the territory of Indonesia. (6) All foreign ships during the exercise the right cross-flow of Sea Islands should not stop or anchor or docked mondar mandir, except in case of force meajeure or in the event of natural disasters or circumstances giving succor to people or ships that are currently in a State of calamity. (7) a foreign ship or aircraft who do the rights of cross-flow of Sea Islands should not be broadcast or perform dark disruption of telecommunication system and cannot communicate directly with the person or group of people that is not authorized in the territory of Indonesia. Article 50 a foreign ship or aircraft, including the ship or aircraft or hydrographic survey research, during exercise www.djpp.depkumham.go.id cross-flow of Sea Islands 29, should not be conducting hydrographic surveys or marine research, either with the use of the equipment as well as equipment makers detection examples, except have obtained permission for it. Article 51 (1) of the foreign Vessels, including fishing vessel, during the exercise of cross-Flow of the Sea Islands, may not carry out fishing activities. (2) a foreign fishing vessel, during the exercise of cross-Flow of the Sea Islands, in addition to fulfilling the obligations referred to in paragraph (1), are also obliged to keep a fish catcher equipment into the hold. (3) foreign ships and aircraft during the exercise the right cross-Flow of Sea Islands should not be raised to the top of the ship or lowering of the boats, people, goods, currencies in a manner contrary to the customs legislation, fiscal, immigration, and health, except in circumstances of force meajeure or in a State of calamity. Article 52 (1) of the foreign Vessel during exercise cross-Flow of Sea Islands is obligated to obey the rules, procedures, and practices regarding international shipping safety generally accepted, including the rules on prevention of impacts of ships at sea. (2) foreign Vessels during exercise cross-Flow of Sea Islands in a sea where the flow has been set a Chart Dividing Traffic safety arrangements for the cruise, is obliged to obey the Traffic Separators Chart settings. (3) foreign Vessels during exercise cross-Flow of Sea Islands should not cause annoyance or damage to facilities or means of navigation as well as cables and pipes underwater. (4) foreign Vessels during exercise cross-Flow of Sea Islands in an archipelago where sea Groove installation-installation for the exploration or exploitation of natural resources, biological or non biological, should not be sailed too close to the forbidden zone that www.djpp.depkumham.go.id 30 width 500 (five hundred) meters which was set around the perimeter of the installation. Article 53 (1) of civil aircraft that carry out Rights of cross flow of Sea Islands should: a. adhering to the air regulations set by the International Civil Aviation Organization regarding the safety of the flight; b. every time monitor radio frequencies designated by the supervisory authority air traffic authorities set internationally or in international emergency radio frequency accordingly. (2) the foreign State aircraft do the right cross-flow of Sea Islands should: a. respect the regulations regarding air flight safety as stipulated in paragraph (1) letter a; b. fulfill the obligations referred to in paragraph (1) letter b. Article 54 (1) Foreign Ships exercising the right of cross-flow of Sea Islands are prohibited from throwing out oil, and other damaging materials into the marine environment, and or conduct activities contrary to international rules and standards to prevent, reduce, and control the pollution of the ocean originating from the ship. (2) Foreign Ships exercising the right of cross-flow of Sea Islands prohibited conduct of dumping in the waters of Indonesia. (3) a foreign nuclear-powered Ships, or that transport nuclear material, or other goods or materials hazardous or toxic because of its nature that will exercise the right of cross-flow of Sea Islands, must bring documents and comply with the special precautions set out by international agreement for such ships. www.djpp.depkumham.go.id 31 of article 55 (1) a person or business entity responsible for the operation or a boatload of foreign commerce or aircraft or ships or aircraft of a foreign Government that is used for the purpose of compulsory Commerce liable for any loss or damage suffered by Indonesia as not conformity with these provisions during the exercise the right cross-Flow of Sea Islands through the waters of Indonesia. (2) the ship's flag State or the State of registration of the aircraft bearing the international responsibility for any loss or damage suffered by Indonesia as a result of not conformity with these provisions by ships or aircraft of foreign countries when implementing the right cross-Flow of Sea Islands through the waters of Indonesia. Article 56 (1) For ships traversing the Sea Islands should not carry out activities include: a. using the war training ammunition; b. must not be anchored anchor except in force majeure; c. research or hydrographic surveys; d. must not perform activities of loading and unloading goods or good except in circumstances of force majeure. (2) For foreign ships as referred to in paragraph (1) letter b and d must carry out the laws applicable at the invitation of the State that establishes the plot. CHAPTER IX INFORMATION SYSTEM FLOW-cruise in the SEA of article 57 (1) information systems-Groove cruise at sea at least contain: a. flow conditions-cruise; b. traffic density; c. the size, condition and loaded (draught) ship; d. flow and ebb; www.djpp.depkumham.go.id 32 e. weather conditions; f. ship's routeing system. (2) the condition of the Groove cruise-as referred to in paragraph (1) letter a, among others: a. the length of the Groove-cruises; b. the amount of bend; c. width of Groove-cruises; d. the depth of the Groove-cruise. (3) traffic density as referred to in paragraph (1) letter b, among others: a. the number of ships passing; and b. a broad Groove-cruise. (4) Condition, size and loaded (draught) ships as referred to in paragraph (2) Letter c, among others: a. the dimensions of the ship; b. type of vessel; c. types of payloads. (5) the currents and tides as referred to in paragraph (1) letter d include: a. the direction and speed of the flow; b. types of ups and downs. (6) the weather conditions as referred to in paragraph (1) letter e, among others: a. the wind speed and direction; b. types of clouds; c. visibility; d. air pressure. (7) the ship's routeing system as referred to in paragraph (1) letter f, among others, regulated in article 24 paragraph (2). Article 58 (1) the information system flow-cruise at sea as referred to in article 57 subsection (1) is carried out through activities: a. data collection; b. data processing and penganalisaan; c. presentation; d. dissemination; and e. data storage and information. www.djpp.depkumham.go.id 33 (2) collection of data referred to in subsection (1) letter a is done through the report: a. District navigation; b. the organizers of the port; c. Harbour; and d. the community. (3) processing and penganalisaan of the data referred to in paragraph (1) letter b is done through: a. identification; b. inventory; c. research; d. evaluation; e. conclusion; and f. the recording. (4) the representation referred to in subsection (1) Letter c is done through: a. the form data; and b. information. (5) Dissemination as referred to in paragraph (1) letter d can be done through: a. Information cruises; b. the news of Indonesia Seamen (Notice to Mariners); and c. the warning navigation (Navigational Warnings). (6) storage of the data and information referred to in subsection (1) the letter e can be done manually and electronically. CHAPTER X the CLOSING PROVISIONS Article 59 the Director General implement coaching and technical supervision against the implementation of this regulation. Article 60 of this Regulation comes into force on the date specified. www.djpp.depkumham.go.id


34 so that everyone knows it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia. Established in Jakarta on 5 July 2011, TRANSPORT MINISTER FREDDY NUMBERI Enacted in Jakarta on July 6, 2011 MINISTER of LAW and HUMAN RIGHT PATRIALIS AKBAR, Republic of INDONESIA REPUBLIC INDONESIA in 2011 NUMBER 380 www.djpp.depkumham.go.id