Government Regulation No. 8 Of 2011

Original Language Title: Peraturan Pemerintah Nomor 8 Tahun 2011

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4e6ee36a30a9d6313231343037.html

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Back COUNTRY SHEET Republic of INDONESIA No. 20, 2011 (Additional explanation in the State Gazette of the Republic of Indonesia Number 5199) GOVERNMENT REGULATION of the REPUBLIC of INDONESIA number 8 year 2011 ABOUT MULTIMODA TRANSPORT with the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: that in order to implement the provisions of article 148 of the Act Number 23 in 2007 about the Railways, article 55 of the Act No. 17 of 2008 about the cruise, article 191 of the Act No. 1 of 2009 about Flights and article 165, paragraph (4) Act No. 22 of 2009 about traffic and Road Transport, the need to establish a government regulation on Freight Multimoda;
Remember: 1. Article 5 paragraph (2) of the Constitution of the Republic of Indonesia in 1945;
2. Act No. 23 of 2007 about Railways (Gazette of the Republic of Indonesia Number 65 in 2007, an additional Sheet of the Republic of Indonesia Number 4915);
3. 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);
4. Act No. 1 of 2009 about the flight (Gazette of the Republic of Indonesia number 1 in 2009, an additional Sheet of the Republic of Indonesia Number 4956); 5. Act No. 22 of 2009 about traffic and Road Transport (State Gazette of the Republic of Indonesia year 2009 Number 96, an additional Sheet of the Republic of Indonesia Number 5025);
Decide: define: GOVERNMENT REGULATIONS REGARDING FREIGHT MULTIMODA.

CHAPTER I GENERAL PROVISIONS article 1 In this Government Regulation is: 1. Multimoda Transport is the transport of goods using at least two different modes of transport on the basis of one (1) contract as document multimoda transport from place of receipt of the goods by a business entity multimoda transport to a place specified for delivery of the goods to the recipient of goods transport multimoda.
2. Business entity National multimoda transport is the State-owned enterprises, Regions, or legal entity established specifically for Indonesia transport multimoda.
3. multimoda transport foreign business entity is a business entity that was established by multimoda transport law of the foreign country.
4. Association is the Association of business entity or company multimoda transport transport transport (freight forwarder) and logistics service providers.
5. The agent is a legal entity designated by the Indonesia business multimoda based on transportation cooperation agreement.
6. Service users are those individuals or legal entities that use multimoda transport services on the basis of the agreement.
7. Item is any object that is multimoda transit charges, either in the form or shape, palette petikemas other packages including live animals.
8. the Minister is the Minister of the organizing Affairs of the Government in the field of transport multimoda.
MULTIMODA TRANSPORT ACTIVITIES CHAPTER II article 2 (1) multimoda Transport can only be done by the transport company multimoda.
(2) the shuttles multimoda as referred to in paragraph (1) was organized by the Indonesian national transport multimoda and transport multimoda foreign business entities.
(3) multimoda transport Activities as referred to in subsection (1) includes the activities started since receipt of the goods by a business entity user multimoda transport transport multimoda up to the cession of the goods to the recipient of goods transport multimoda business entities in accordance with the transport documents exchanged in multimoda.
(4) in the transport multimoda organizes activities as referred to in paragraph (2) multimoda transport business entity responsible for supporting transport activities of multimoda which include maintaining: a. transportation;

b. warehousing;

c. consolidation of charges;

d. provision of space payloads; and/or e. Customs multimoda for transport out of the country and into the country.
Article 3 (1) multimoda transport Activities as mentioned in article 2 can be done by using transport modes of road transport, railways, sea and/or air.
(2) transport Tool mode of transportation as mentioned in subsection (1) consists of motor vehicles, trains, ships, and airplanes.
(3) the business of each transport mode of transportation tool referred to in subsection (2) may be made by the transportation company mode of transportation.
CHAPTER III of the DOCUMENT TRANSPORT MULTIMODA transport multimoda Documents article 4 referred to in article 2 paragraph (2) contains at least: a. the identification of the goods (the brand and number);

b. the nature of the goods (dangerous goods or goods which are easily damaged);

c. details of the goods (the amount and form of packaging in the form of packages or units of goods);

d. gross weight or number of items;

e. size of the goods;

f. other information stated by consignor/sender;

g. the real conditions of the goods;

h. name and place of business multimoda transport business entities;

i. the name of the sender or the service users;

a. the recipient goods (consignee) if called by the sender;

k. place and date of goods received by the transportation company multimoda;

b. the place of delivery of the goods;
d. the date or period of delivery of the goods at the place of delivery of goods in accordance with the agreement of the parties;
n. statement that transport document "can dinegosiasi" (negotiable) or "cannot dinegosiasi" (non-negotiable); o. place and date of issuance of the transport document multimoda;
v. signature of person in charge multimoda transport business entity or person authorized;
q. the fare for each mode of transport and/or total fare, the currency used, as well as the place of payment in accordance with the agreement of the parties;
r. travel route and mode of transportation used, as well as transshipmentapabila known at the time the document was published; s. name of agent or representative who will carry out the delivery of the goods; and t. insurance charge.

Article 5 (1) multimoda Transport Document referred to in article 4 are organized by the Association multimoda transport.
(2) multimoda Transport Association as referred to in paragraph (1) in drawing up the multimoda transport documents should refer to Standard Trading Conditions (STC) established by the Minister of the organizing Affairs of the Government in the field of law after receiving a recommendation from the Minister.
(3) further Provisions regarding the procedures for granting the recommendation referred to in subsection (2) subject to the regulations of the Minister.
Article 6 (1) multimoda Transport Document referred to in article 5 may be a written document and/or electronically.
(2) multimoda Transport Document referred to in subsection (1) is evidence of the Alliance after the agreement is approved by a business entity transport multimoda and transport multimoda service users.
CHAPTER IV TRANSPORT MULTIMODA BUSINESS ENTITIES article 7 (1) multimoda transport business entity as referred to in article 2 paragraph (1) required to have business license multimoda the Minister of transportation.
(2) multimoda transport business license as referred to in paragraph (1) was given to the transport multimoda business entities eligible: a. Administration; and b. technical.
(3) Administrative Requirements as referred to in paragraph (2) letter a at least include the following: a. deed of establishment of a company that has been passed by the Minister of the organizing Affairs of the Government in the field of law; b. tax payer number (NPWP);

c. Description business domicile; and d. have a capital base of at least the equivalent of 80,000 (eighty thousand) Special Drawing Right (SDR).
(4) the technical requirements referred to in paragraph (2) letter b at least include the following: a. have and/or controlled equipment work; and b. has the human resources that have competence in the field of transport multimoda.
(5) work Equipment referred to in paragraph (2) letter a at least include a fixed Office, tool loading, and unloading equipment.
(6) the competence in the field of transport multimoda as referred to in paragraph (4) the letter b is evidenced by the certificate of competence in accordance with the provisions of the legislation.
(7) further Provisions concerning the requirements and procedures for obtaining business license multimoda transport regulated by regulation of the Minister.
Article 8 (1) in carrying out the activities of the multimoda transport as referred to in article 7, multimoda national freight business entity can establish representative offices and/or appointing agents.
(2) the national multimoda transport business entity as referred to in paragraph (1) may serve the transport multimoda in domestic and/or overseas.
(3) in the case of activities multimoda transport organized by the business entity, foreign multimoda transport obligated to appoint national multimoda transport company as agent.
(4) multimoda transport business entity can act on his own or represented by his agent or representative office to sign and implement a transport contract multimoda.
Article 9 (1) of the foreign multimoda transport business entity as referred to in article 8 paragraph (2) can only provide transport service multimoda from abroad into the country or otherwise through an agent.
(2) in carrying out the Ministry of transportation multimoda, a foreign business entity multimoda transport obligated to register its business in Indonesia.
(3) registration as referred to in paragraph (2) was conducted by the business entity of foreign multimoda to the Minister of transport.
(4) the registration referred to in subsection (3) applies to the existence of written notice of revocation of business license from the country of origin.
(5) further Provisions regarding the procedures for registration of business entities in foreign multimoda transport regulated by regulation of the Minister.
Article 10

(1) a business entity in the exercise of activities of multimoda transport transport multimoda can cooperate with business entity freight transportation modes as stipulated in article 3 paragraph (3).
(2) the cooperation referred to in paragraph (1) applied in the agreement of cooperation.
Article 11 business entities who already have a business license multimoda transport obligated: a. implementing the conditions set forth in the transport business license multimoda;
b. reports in writing in the event of a change of Director or person in charge and/or owner, the company's TAX ID, and domicile of the company to the Minister;
c. operational activities at least 6 (six) months since the issuance of the permit; and d. operational activities report to the Minister every 6 (six) months.
Article 12 (1) in addition to the obligations referred to in article 11, the multimoda transportation business entity in any conduct transport obligated: a. multimoda published multimoda freight documents;
b. transport of goods in accordance with the agreement contained in the transport document multimoda; c. maintain the safety and security of transport activities implementation of multimoda;
d. take action in accordance with the provisions of the legislation against the dangerous goods and special items; e. complete the claims submitted by the users of the services; and f. insuring his responsibilities in accordance with the provisions of the legislation.
(2) Claims filed by service users or recipients of goods as referred to in paragraph (1) letter e is equipped with a news event that goods receipt signed by the business entity multimoda and recipient of goods transport.
(3) business entities that do not carry out multimoda transport obligations referred to in article 11 and article 12 is an administrative sanction. (4) administrative Sanctions referred to in paragraph (3) may include: a. a written warning;

b. the temporary suspension of the activities of the transport multimoda; and/or c. multimoda transport business license revocation.
(5) multimoda transport business license Revocation as referred to in paragraph (2) Letter c is carried out if: a. the corresponding company performs activities that endanger State security and human safety; b. obtain a business license in no way legitimate;

c. declared bankrupt by court decision; or d. conduct a criminal offence the smuggling of counterfeit documents and/or based on a court decision has acquired legal force anyway.
(6) further Provisions concerning the imposition of an administrative sanction procedures governed by regulation of the Minister.
Chapter 13 multimoda transport company reserves the right to: a. receive payments from users of the service in accordance with the agreement contained in the transport document multimoda;
b. the user to receive information from the service concerning the clarity of the goods transported;
c. opening and/or examine the goods before shipment service users to match the right truth information goods transported;
d. refuse transporting goods that are known to be threatening the safety and security of the Organization of the transport multimoda;
e. take certain actions to maintain the safety and security of the Organization of the transport multimoda; and f. rejected claims that cannot be substantiated.

Article 14 (1) a business entity multimoda is responsible for the transport of goods that he has since received from users of the goods transport multimoda up to the goods delivered to the recipient of the goods in accordance with the provisions of the contract of transport multimoda.
(2) the liability referred to in subsection (1) includes damage, loss of goods partially or completely, and/or the delay in delivery of the goods to the recipient of the goods.
Chapter V TRANSPORT USERS MULTIMODA Article 15 multimoda transport service users can be done by individuals, groups, businesses, State-owned enterprises, regional-owned enterprises, and Government agencies.

Article 16 multimoda transport service users as stipulated in article 15 compulsory: a. pay the transport expenses in accordance with the agreement contained in the transport document multimoda;
b. provide correct and accurate information regarding the types, conditions, amount, weight and volume of the goods, tagging, time, and place of the goods received by the business entity of multimoda transport service users as well as the time and place of the goods delivered to the recipient of goods that poured in multimoda transport documents; and c. notify and give a sign or label as special items or dangerous goods, in which case the goods are delivered in the form of special items or dangerous goods in accordance with international conventions and the provisions of the legislation.
Article 17 (1) User multimoda transport services referred to in article 16 has the right to: a. obtain service of transport documents in accordance with multimoda;
b. make a claim to obtain damages in terms of multimoda transport company does not meet its obligations according multimoda transportation documents; and d. to obtain information regarding the whereabouts of the goods.
(2) a claim submitted by a user of the service referred to in subsection (1) letter b should be equipped with the news event acceptance of goods signed by multimoda transport company and the recipient of the goods.
Article 18 multimoda transport Users are not entitled to demand compensation for the actions of a transport company multimoda opening and/or check, did send a particular action, or upper harmful goods and goods that could pose a danger against the property, the soul, and the environment, if the goods are sent by the user to the multimoda transport transport multimoda business entities were not reported.

Article 19 the user services is responsible for: a. all losses, damages, loss, and costs incurred in consequence of the giving of the information that is untrue, inaccurate, and incomplete;
b. the consequences arising because the recipient of the goods is not willing to accept the goods or the goods recipient address not found that through no fault of the transport company multimoda; and c. all losses, damages, loss, and costs incurred in consequence of the dangerous goods that are not disclosed.
CHAPTER VI TRANSPORT GOODS RECIPIENT MULTIMODA article 20 transport multimoda Items can be accepted by the users of the transport services multimoda or others that are listed in the transport document multimoda.

Article 21 Recipients of goods transport obligated: a. multimoda received the goods and to sign the handover events news items as listed in multimoda transport documents;
b. pay the fare multimoda transport services in terms of transport expenses is the recipient of the goods in accordance with the load that is contained in the transport document multimoda; and c. notify in writing to the transport company multimoda in terms of goods received damaged and/or not complete at least three (3) days upon receipt of the news and expressed in the event of acceptance of goods signed by multimoda transport company and the recipient of the goods.
Section 22 of the recipient of goods has the right to make a claim in the event of a transport company multimoda did not meet its obligations in accordance with the transport document multimoda.

CHAPTER VII LIABILITY LIMITS of article 23 (1) the responsibility of the transportation company multimoda for damage or loss of goods as referred to in article 14 paragraph (2) is given in the form of compensation.
(2) the compensation referred to in paragraph (1) was given the equivalent of: a. 666.67 (six hundred sixty-six comma sixty-seven) SDR per package or two SDR per kilogram of gross weight of the goods lost or damaged goods for goods transported by sea transportation, rivers, lakes, and crossings; or b. 8.33 (eight thirty-three commas) SDR per kilogram of gross weight of the goods lost or damaged, in which case it does not use multimoda transport transport transport the sea or rivers, lakes, and the crossing.
Article 24 in the case of damage and loss incurred as a result of errors, omissions, and/or carelessness multimoda transport businesses, punitive damages as referred to in article 11 paragraph (1) provided most of the value of the goods.

Article 25 (1) the value of the compensation referred to in Article 11 paragraph (2) letter a the adjustment set the most advantageous for service users.
(2) in terms of the type and value of the items listed in document multimoda, transport damages are given most of the value of the goods.
(3) the boundaries of responsibility corporately multimoda transport transport expenses do not exceed, in the case of losses caused by the delay in delivery of goods or damage which is not caused by the loss or damage to the goods.
(4) in the event of petikemas, palette, or other form of packaging is filled with some package delivery and each package is mentioned in documents of transport, then the indemnity is calculated based on each package.
(5) in the case of each package delivery as referred to in paragraph (3) is not mentioned in the transport document, then the indemnity is calculated as one package.
CHAPTER VIII INSURANCE Article 26 (1) a business entity multimoda transport obligated to insure its responsibility in accordance with the provisions of the legislation.
(2) the business entity multimoda can close transport insurance goods (cargo insurance) upon written request of the users of transport services multimoda.
(3) the cost of insurance as referred to in paragraph (2) charged to users of the transport services multimoda.
CHAPTER IX TRANSPORT RATE MULTIMODA article 27 (1) multimoda transport Rates are set based on mutual agreement between business entities and user multimoda transport transport multimoda in writing.

(2) the tariff components of transport multimoda consists of the price of the respective transport modes used as well as other service tariffs in accordance with the type of service provided by the transport company multimoda.
(3) the types, structures, and the price of each of the modes defined in accordance with the provisions of the legislation.
CHAPTER X the CONSTRUCTION of Article 28 (1) the Minister is doing coaching against the transport company multimoda.

(2) the construction referred to in subsection (1) is carried out through: a. setting;

b. control; and c. the supervision.
(3) the arrangements referred to in paragraph (2) letter a is done through policy formulation of norms, standards, guidelines, and criteria for transport multimoda.
(4) Control as referred to in paragraph (2) letter b is done through: a. the development of a system of information-based information and communication technology;
b. application of the technical standards of quality of service, safety and security of transport multimoda; and c. the application of the standard of competence of human resources in the field of transport multimoda.
(5) the supervision referred to in paragraph (2) Letter c is done through monitoring and evaluation activities of transport multimoda.
Article 29 (1) human resources competencies as stipulated in article 28 paragraph (4) of the letter c is evidenced by a certificate of competence.
(2) a certificate of competence as referred to in subsection (1) is obtained after following education and training in the field of transport multimoda.
(3) education and training as referred to in paragraph (2) was organized by the Government of Indonesia or legal entities which are accredited in accordance with the provisions of the legislation.
Article 30 further Provisions concerning the construction of transport multimoda is controlled by a regulation of the Minister.

CHAPTER XI CLOSING PROVISIONS article 31 of this Regulation comes into force one (1) year from the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Regulation with its placement in the State Gazette of the Republic of Indonesia.

Established in Jakarta on February 4, 2011 PRESIDENT REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on February 8, 2011 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR fnFooter ();