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Government Regulation No. 5 Of 2010

Original Language Title: Peraturan Pemerintah Nomor 5 Tahun 2010

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SHEET COUNTRY
REPUBLIC OF INDONESIA

No. 8, 2010 (Explanation in Additional State Sheet Republic Indonesia Number 5093)


GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
No. 5 YEAR 2010
ABOUT
KENAVIGASIAN

WITH THE GRACE OF THE ALMIGHTY GOD

PRESIDENT OF THE REPUBLIC OF INDONESIA,

Weighing: that to carry out the provisions of neutrality as set in Article 177, Article 183 paragraph (2), Section 184, Section 186 paragraph (2), Section 196, and Section 206 paragraph (2) Act Number 17 of 2008 on Voyage, need to establish Regulation (s). Government on Kenavigasian;

Remembering: 1. Section 5 of the paragraph (2) of the Basic Law of the Republic of Indonesia in 1945;
2. UndangInvite Number 17 Year 2008 on Shipping (State Sheet Of The Republic Of Indonesia 2008 Number 64, Additional Gazette Republic Indonesia Number 4849);

DECIDED:

Establish: GOVERNMENT REGULATIONS ON KENAVIGASIAN.

BAB I
UMUM PROVISIONS

Section 1
In this Government Regulation referred to:
1. Kenavigasian is everything related to Sarana Bantu Navigation-Pelayaran, Telecommunications, hydrography and meteorology, grooves and crossings, hardening and reclamation, guidance, shipbuilding handling, salvage, and underwater work for the ship ' s cruise safety interests.
2. Sarana Bantu Navigationaran is an equipment or system that is outside the ship designed and operated to improve the safety and efficiency of ship navigation and/or ship traffic.
3. Telecommunications-Transmission is a special telecommunication for the purpose of the cruise service which is any device, shipment or receipt of any type of sign, image, voice and information in any form through a wire system, optics, radio, or other electromagnetic systems in the shipping service that are part of the cruise safety.
4. The Coast Earth Station is an earth station in the permanent service of a satellite or in some ways, in the mobile service of a cruise satellite stationed somewhere on the ground reserved for the network of detractors for the satellite mobile service. cruise.
5. Ship Earth Station is a moving earth station in the mobile service of cruise satellites stationed on board.
6.Stations The Beach Radio is a ground station in the cruise service.
7. Ship Radio Station is a moving station in the cruise service of the cruise that is placed on a fixed untamed ship except the lifeboat station.
8. Cruise Service is a moving service between the beach station and the ship stations or the stations of the ship or the communications stations on board, while the lifeboat stations and rescue stations are located. Emergency radio guide station stations may also take part in this service.
9. Power of calculation is the National Maritime Transport Company and the company that has a designated maritime services venture permit and is responsible for calculating telecom services and completing the payment of telecommunications services. Sea-ship radio in connection with the use of telecommunications facilities to the public in the cruise service and/or satellite mobile service of both national and international shipping.
10. Meteorology is a symptom of nature related to the weather.
11. Meteorological services are activities related to the provision of information, dissemination of information, and the granting of services related to meteorology.
12. Cruise guide book is a book of nautical manuaries containing clues or descriptions used as guidelines for the crew members to sail safely.
13. Alur-Pelayaran are waters that are of depth, width, and other cruise-free barriers are considered safe and safe to be navigated.
14. Alur and Pertrajectory are part of navigable waters that fit the ship's dimensions/specifications in the sea, river, and lake.
15. Alur-Pelayaran facilities are the means and infrastructure needed for the ship's traffic agility, among others Sarana Bantu Navigation-Pelayaran, Vessel Traffic Services, and the Beach Radio Station.
16. The Indonesian Islands Sea is a sea-flow pass by ship or aircraft and/or foreign aircraft on the line, to carry out sailing and flight in a normal manner solely for continuous transit, and by the way of the Indonesian archipelago, the sea is the only way to carry out the flow of the Indonesian directly and as quickly as possible as well as unobstructed through or above the island waters and territorial sea side by side between one part of the free sea or the Exclusive Economic Zone of Indonesia and the free sea section or the Exclusive Economic Zone Other Indonesia.
17. The Safety and Safety Zone is the space surrounding Sarana Bantu Navigation-Pelayaran, Telecommunication means, and buildings or installations restricted by a certain radius, height, and/or depth.
18. Indonesian waters are the territorial sea of Indonesia and the waters of the archipelago and its deep waters.
19. Building or Installation is any construction either located above and/or below the surface of the waters.
20. The Pengerukan is the work of changing the basic form of the water to reach the depth and width of the desired or to take the basic material of the water used for certain purposes.
21. Reclamation is the work of hoarding in the waters or coastal waters that change the coastline and/or contours of the depth of the waters.
22. Monitoring is a panding activity in assisting, advising, and information to Nakhoda about the state of local waters that are important for navigation to be carried out safely, orderly, and smoothly for the safety of the ship and the environment.
23. Pandu is a sailor who has skills in the field of nautika who has met the requirements for carrying out ship guidance.
24. The State Ship is a state-owned ship used by certain government agencies that are given function and authority in accordance with the provisions of laws to enforce the law as well as other Government duties.
25. A ship ' s skeleton is any ship that sinks, kandas, or stranded and has been abandoned.
26. Salvage is the job to provide aid to the ship and/or its cargo that has been in a ship accident or in a state of danger in the waters including lifting the frame or other underwater hurdles or objects.
27. Underwater Works is a job related to installation, construction, or ship performed under water and/or work under special water, i.e. the use of underwater equipment operated from the surface water.
28. The Entity is a state-owned enterprise, an area owned enterprise, or an Indonesian legal entity specifically established for the voyage.
29. The Central Government, subsequently called the Government is the President of the Republic of Indonesia which holds the power of the government of the Republic of Indonesia as referred to in the Basic Law of the Republic of Indonesia in 1945.
30. The Local Government is the governor, the bupati/mayor, and the area ' s device as an element organizer of the local government.
31. The Minister is the minister who organizes government affairs in the field of shipping.

Section 2
These Government regulations govern the Sarana Bantu-Navigation-Pelayers, telecommunications, meteorological services, flows and crossings, buildings or installations in the waters, dredging and reclamation, guidance, ship frame, salvage and underwater jobs, the kenavigasian information systems, and human resources.

Section 3
Kenavigasian was organized to ensure the safety and safety of the voyage, to encourage economic activity, to mark the boundaries of the region in order to preserve the sovereignty, establish defense and security of the state, and to maintain unity. the unity of the nation within the framework of the nusantara insight.

Section 4
(1) The Government is responsible for maintaining the safety and security of shipping in the hosting of the kenavigasian.
(2) The responsibility of the hosting of the aviavians as referred to in paragraph (1) includes:
a. alur-mouri;
B. Navigation-Pelayaranation;
C. telecommunications-services;
D. sweeteners; and
e. Meteorological service delivery.

Section 5
(1) The activities of the kenavigasian activities as referred to in Article 3 are conducted by the Minister.
(2) The Minister in organizing the kenavigasian activities as referred to in paragraph (1) forms the navigation district.
(3) The navigation district as referred to in paragraph (2) functions:
a. carrying out kenavigasian activities; and
B. conduct the coaching and supervision of a partial kenavigasian exercised by other government agencies and the business entity.

BAB II
THE FLOW AND TRAJECTORY

Section 6
(1) The shipping of the shipping is performed by the Government.
(2) The shipping of the shipping as referred to in paragraph (1) includes planning, construction, operation, maintenance, and surveillance.
(3) The business entity may be included in the construction, operation and maintenance of the shipping that leads to a special terminal managed by the business entity.
(4) The shipping of the voyaged by the business entity as referred to in verse (3) is carried out after receiving permission from the Minister.

Section 7
(1) The voyages as referred to in Section 6 of the paragraph (1) include:
a. The voyage at sea; and
B. River and lake voyage.
(2) The seafarers in the sea as referred to in paragraph (1) of the letter a consist of:
a. public shipping and crossing; and
B. It's a port-cruise cruise.
(3) The river and lake shipping as referred to in paragraph (1) letter b consists of:
a. river ' s voyage; and
B. lake voyage.

Section 8
For the hosting of the seafrers in the sea as referred to in Article 7 of the paragraph (1) letter a, the Minister is required to specify:
a. alur-mouri;
B. route system;
c. s layout of the cross; and
D. the ship ' s labuh region corresponds to its importance.

Section 9
(1) For the hosting of river and lake shipping as referred to in Article 7 of the paragraph (1) letter b, the Minister specified:
a. alur-mouri;
B. route system;
c. s layout of the cross; and
D. The ship's sinking is consistent with its interests.
(2) In setting the river and lake voyage as referred to in paragraph (1) the letter of a Minister is coordinating with the agency that organizes government affairs in the field of water resource management.

Section 10
(1) The seafarers in the sea as referred to in Article 8 are contained in sea maps and the book of voyages.
(2) The rivers and lakes as referred to in Article 9 of the verse (1) are contained in river and lake maps as well as the shipping books on the rivers and lakes.

Section 11
(1) The seafloor in the sea as referred to in Article 8 was announced by the instance of its duty and responsibility in the field of sea mapping.
(2) The rivers and lakes as referred to in Article 9 of the verse (1) are announced by the Minister.

Section 12
(1) The rivers and lakes as referred to in Article 9 of the paragraph (1) are defined under the classification of:
a. Class I voyage;
B. Class II voyage; and
C. Class III voyage.
(2) The classification as referred to in paragraph (1) is done by the criteria:
a. depth of the river;
B. width of the river; and
c. high free space under the building that passes over the river.

Section 13
(1) For the benefit of safety and the agility of sailing on certain waters, the Minister established the route system as referred to in Article 8 of the letter b that includes:
a. a traffic separation scheme at sea;
B. two-way route;
c. Recommend lines are recommended;
D. the deep water route;
e. areas to be avoided;
f. the inland traffic area; and
G. Alert area.
(2) The routing of the route system as referred to in paragraph (1) is based on:
a. -Servable conditions; and
B. Traffic density considerations.
(3) The route system as referred to in paragraph (1) must be listed in the sea map and the cruise book and be announced by the authorized instance.

Section 14
(1) Nakhoda who sails in Indonesian territorial waters is obliged to report on his identity and service data to the Minister via a beach radio station.
(2) The report as referred to in paragraph (1) includes:
a. static data in the name of the ship and the call sign (call sign), Maritime Mobile Services Identities (MMSI), ship weights, and ship length; and
B. Dynamic data is a purpose for sailing with time to arrive, speed, and the bow of the ship.
(3) The reporting system as referred to in paragraph (1) uses:
a. automatic identification system (Automatic Identification System/AIS);
B. communication radio equipment manual system; and
c. Long-range ship movement monitoring systems (Long Range Identification and Tracking of Ships/LRIT).

Section 15
(1) Nakhoda who sails in Indonesian waters on a certain region is required to report all information via a nearby beach radio station.
(2) Certain regions as referred to in paragraph (1) include:
a. Indonesian Islands Sea Islur waters;
B. Traffic Separation Scheme (TSS);
c. area Ship to Ship Transfer (STS); and
D. the waters that have been designated Ship Reporting System (SRS).
(3) The information as referred to in paragraph (1) includes:
a. ship names, call signs (call sign), Maritime Mobile Services Identities (MMSI), and International Maritime Organization (IMO) number;
B. previous port of destination and port (the name of the port and its country);
c. ship position while delivering information;

Section 16
(1) The government defines the Indonesian Islands Sea and its use for its continuous, direct, and forthright crossings for foreign ships through Indonesian waters.
(2) The designation of the Indonesian Islands Sea Flow as referred to in paragraph (1) is done with regard to:
a. national resilience;
B. safety of sailing;
c. exploration and exploitation of natural resources;
D. the cable network and the seabed pipes;
e. Natural and environmental resource conservation;
f. route normally used for international shipping;
G. layout of the ocean; and
h. Authorized International Organization (s).
(3) All foreign ships that use the Indonesian Islands Sea Alur in its service must not stray except in an emergency.
(4) The Minister oversees the foreign ship traffic that crosses the Indonesian Islands Sea.
(5) The Minister sets out the location of Sarana Bantu Navigation-Pelayaran and telecommunications to conduct monitoring of the foreign ship traffic through the Indonesian Islands Sea.

Section 17
In setting the way of passing the cross way as referred to in Article 8 of the letter c, the Minister must consider:
a. Courtside conditions;
B. traffic density;
c. size and sarat (draft) ship; and
D. weather conditions.

Section 18
Further provisions concerning the hosting of seafarers in the sea and the rivers and lakes and the use of the Indonesian Islands Sea Islur are governed by the Regulation of Ministers.

BAB III
THE NAVIGATION-NAVIGATION AIDS

The Kesatu section
Common

Section 19
On the seafrers at sea placed Sarana Bantu Navigation-Pelayers.

Section 20
The Navigation-Pelayaran Bantu means consists of:
a. type and function;
B. requirements and standards;
C. staging;
D. Security and safety zones;
e. damages and obstacles;
f. utilization costs; and
G. the river and lake shipping facilities.

The Second Part
Types and Functions

Section 21
(1) The Sarana Type of Navigation Navigation consists of:
a. visual;
B. electronic; and
C. [AUDIBLE] (2) Sarana Help Navigation-Pelayaran function for:
a. define the position and/or bow of the ship;
B. notifies the presence of danger/cruise obstacles;
c. demonstrating the limits of secure shipping;
D. marked the ship's traffic separator line;
e. show areas and/or special activities in the waters; and
f. the border of a country.

Section 22
The visual as referred to in Article 21 of the paragraph (1) of the letter includes:
A.tower beacon;
b.rambu flares;
The beacon-buoy; and
d.sign noon.

Section 23
Electronic as referred to in Article 21 of the paragraph (1) letter b includes:
a. Global Positioning System (GPS);
B. Differential Global Position System (DGPS);
c. radar beacon;
D. radio beacon;
e. radar surveylance; and
f. medium wave radio beacon.

Article 24
Audible as referred to in Article 21 of the paragraph (1) the letter c is mandatory in a foggy area or limited view.

The Third Part
Requirements and Standards Sarana Bantu Navigation-Pelayers

Section 25
Hosting the required means of the Cloud Service is required to meet the requirements and standards:
a. building or the installation to be built and/or set up around the Sarana installation Help Navigation-Pelayaran; and
B. Prevention, protection, and security precautions of Sarana Bantu Navigation-Pelayers.

Section 26
On certain locations or buildings on land and in the waters, based on the technical considerations of the kenavigasian, are required to be released and/or utilized for the purposes of the construction of the Sarana Bantu-Navigation-Pelayaran as well as given the right of use by The instance authorized for it.

Section 27
Further provisions on the requirements and standards of the hosting of Sarana Bantu Navigation-Pelayaran are set up with the Minister Rule.

The Fourth Part
Hosting Means Of Navigation-Pelayers

Section 28
The hosting of the Navigational Means of Navigation includes activities:
a. planning;
B. procurement;
C. operation;
D. maintenance; and
e. surveillance.

Section 29
(1) The planning activities as referred to in Article 28 of the letter a covering the plan:
a. needs of the means and infrastructure support Sarana Help Navigation-Pelayaran; and
B. Operation of Sarana's operations help the Navigation-Pelayaran.
(2) Planning as contemplated in paragraph (1), consists of:
a. the long term, for a period of 15 (fifteen) years up to 20 (twenty) years;
B. medium term, for a term of 10 (ten) years up to 15 (fifteen) years; and
c. short term, for a term of 5 (five) years up to 10 (ten) years.

Section 30
(1) Procurement Of Navigational Aids as referred to in Article 28 of the letter b on the voyage and the public port waters are performed by the Minister.
(2) Procurement Means of Navigational Aids as referred to in paragraph (1) for certain purposes and at certain locations may be performed by the entity after receiving permission from the Minister.
(3) Procurement of Navigational Aids for the benefit of the venture body.

Section 31
The means of the Navigation-Pelayaran whose absence is performed by the entity as referred to in Article 30 of the paragraph (2) and the verse (3) must meet the requirements and standards as referred to in Article 25.

Section 32
(1) The permission of the Minister as referred to in Article 30 of the paragraph (2) is provided after meeting the requirements:
a. administration; and
B. technical.
(2) The administrative requirements as referred to in paragraph (1) of the letter include:
a. establishment acte of the company;
B. mandatory principal number;
c. The principal effort permit of the authorized instance;
D. evidence of land control;
e. assignment of special terminal location for Sarana Bantu Navigation-Pelayaran to be placed in special terminal;
f. the dredging permit for the dredging activities;
G. Underwater job permissions or salvage; and
h. recommendations from the local navigation district related to the technical aspects.
(3) The technical requirements as referred to in paragraph (1) of the letter b include:
a. maps that describe the boundaries of the land region and the waters equipped with geographical coordinates points;
B. the hydrographic survey results, the tidal conditions, and the power of the current;
c. dock layout;
D. the dimension of the ship to come out and enter; and/or
e. Port Master plan for ports located within the working environment and port area interest area.

Section 33
(1) The Minister, in the most prolonged period of 14 (fourteen) days of work since the full acceptance of the request, issued the procurement license of Sarana Bantu Navigations to the applicant who meets the requirements as referred to in Article 32.
(2) The business entity as referred to in Article 30 of the paragraph (2) and paragraph (3) is mandatory:
a. maintaining and caring for Sarana Bantu Navigation-Pelayaran;
B. ensuring the reliability of Sarana Bantu Navigation-Pelayaran with established standards; and
C.reporting to the Minister about the operation of Sarana Bantu Navigation-Pelayers.

Section 34
(1) The operating activities as referred to in Section 28 of the letter c include setting up:
a. Visible distance;
B. characteristic of the lamp;
c. light color; and
D. form or type of Sarana Bantu Navigation-Pelayaran.
(2) The set-up settings as referred to in paragraph (1) of the letter include:
a. type of Sarana Help the Navigation-Pelayaran; and
B. tropical and subtropical region coefficient factor.
(3) Setting the characteristics of the lamp as referred to in paragraph (1) the letter b includes:
a. rhythm or light period; and
B. location or specific area. The color settings of the lamp as referred to in paragraph (1) of the letter c include:
a. type of navigation hazard; and
B. form or figure of an object.
(4) Set-up or type of Sarana Bantu-Pelayaran as referred to in paragraph (1) of the letter d including:
a. a specific location or area; and
B. deepwater depth.

Section 35
(1) The maintenance activities as referred to in Section 28 of the letter d include:
a. treatment; and
B. Repairs.
(1) The treatment as referred to in paragraph (1) of the letter a covering the activity:
a. Sarana Casting Help Navigation-Pelayaran;
B. cleanup Sarana Bantu Navigation-Pelayaran;
c. adjust the rhythm of the lamp;
D. power check and power replacement; and
e. Check out Sarana's position. Help the Navigation-Pelayers.
(2) The remediation as referred to in paragraph (1) of the letter b includes activities:
a. lightbulb replacement and flasher;
B. replacement of the tower structure;
c. replacement of fender of a beacon-buoy;
D. replacement of the beacon-buoy system; and
e. peak sign replacement.

Section 36
(1) The maintenance activities as referred to in Section 35 of the paragraph (1) are performed periodically and at any time.
(2) The maintenance activities are regularly performed every 3 (three) months once.
(3) Maintenance activities at any time can be done in the event of a damage caused by a ship, theft, or natural event.

Section 37
Further provisions concerning the hosting of Sarana Bantu Navigation-Pelayaran and the layout of the publishing permit for the procurement permit Sarana Help the Navigation-Pelayaran by the business agency are set up with the Minister Rule.

The Fifth Part
Security and Safety Zone
Navigational Means of Navigation-Pelayers

Section 38
(1) The safety and safety zone as referred to in Article 20 of the letter d aims to ensure the safety and safety of Sarana Bantu Navigations around buildings or installations of Sarana Bantu Navigation-Pelayaran.
(2) The security and safety zones as referred to in paragraph (1) function:
a. as a construction safety limit; and
B. protect Sarana Help the Navigation-Pelayaran from other means disruptions.
(3) The security and safety zone as referred to in paragraph (2) consists of:
a. The forbidden zone on an area of 500 (five hundred) meters is calculated from the outermost side of the installation or the Sarana building Bantu Navigation-Pelayaran; and
B. The restricted zone of the area of 1,250 (thousand two hundred fifty) meters is calculated from the outermost side of the forbidden zone or 1,750 (a thousand seven hundred fifty) meters from the outermost point of the installation or the Sarana building Bantu Navigation-Pelayaran.
(4) In the forbidden zone as referred to in paragraph (3) the letter a is prohibited from building an installation or other building.
(5) In the restricted zone as referred to in paragraph (3) the letter b may be done building the installation or other building provided that it does not interfere with the function and system of Sarana Bantu Navigation-Pelayaran after getting permission from the Minister.

Section 39
The security and safety zone as referred to in Article 38 of the paragraph (1) must meet the requirements:
a. region to be designated as a security and safety zone there is no building or plant that can interfere with the function of Sarana Bantu Navigation-Pelayaran;
B. the land area that will be designated as a security and safety zone must be exempt from the ownership of other parties; and
c. The region of the waters to be designated as a security and safety zone there is no building and activities that can interfere with the functions and systems of Sarana Bantu Navigation-Pelayers.

Section 40
(1) Outside the safety and safety zone of Sarana Bantu Navigation-Pelayers can be traversed by ship by keeping a safe distance.
(2) Within the security and safety zone Sarana Bantu Navigations cannot be traversed by ships and anchored anchors except on the narrow plot, river, or lake whose width is less than 500 (five hundred) meters.
(3) A ship anchored in a narrow plot, a river, or a lake whose width is less than 500 (five hundred) meters as referred to in verse (2) to keep the safe distance at least one and a half times the length of the ship.
(4) The ship of the country carrying out maintenance activities and/or care Sarana Bantu Navigation-Pelayaran can approach Sarana Bantu Navigation-Pelayers.

The Sixth Part
Damage and Hamrepentance

Section 41
(1) Actions that may result in damage and/or obstacles to Sarana Bantu Navigation-Pelayers may be:
a. install and/or place something on Sarana Bantu Navigation-Pelayaran;
B. change Sarana Bantu Navigation-Pelayaran;
C. damaging, devastating, or incur defects Sarana Bantu Navigation-Pelayaran;
D. move Sarana Help the Navigation-Pelayaran; and
e. Tether the ship to Sarana. Help the Navigation-Pelayaran.
(2) The actions that result in damage and/or obstacles to Sarana Bantu Navigationations as referred to in paragraph (1) are subject to sanction under the provisions of the laws.

Section 42
(1) The owner and/or ship operator that is due to the operation of the ship causing damage and/or the barriers of Sarana Bantu Navigation-Pelayers are required to report to the Minister.
(2) Based on the report as referred to in verse (1) the Minister is obliged to broadcast the damage and/or obstacles Sarana Bantu Navigation-Pelayaran to the entire ship via a beach radio station and be included in the Indonesian Marine News.
(3) The broadcaster as referred to in paragraph (2) includes:
a. location name;
B. type Sarana Bantu Navigation-Pelayaran;
c. List number of the Indonesian Suar;
D. position;
e. period/rhythm (period description) and power source;
f. light color;
G. Visible distance;
h. elevations; and
i. condition Sarana Help Navigation-Pelayaran.

Section 43
(1) The owner and/or operator of the ship is responsible for any damage and/or the obstacles Sarana Help the Navigation caused by the operation of his ship.
(2) The owner and/or ship operator as referred to in paragraph (1) is required to repair or replace the Sarana Bantu-Navigation-Pelayaran so that the facility can function again as it was originally.
(3) The remediation and replacement as referred to in paragraph (2) is performed within the most prolonged time limit of 60 (sixty) calendar days since the damage occurred.
(4) If at a time limit of 60 (sixty) calendar days as referred to in paragraph (3) repair or replacement not done, the Minister does repair or replacement of Sarana Help the Navigation-Pelayers at the cost of the owner and/or operator ship.

The Seventh Part
Utilization Of Utilization Means of Navigation-view

Section 44
(1) Ships sailing in Indonesian waters are subject to the utilization of Sarana Bantu-Navigation which is the Reception of the State Not Taxes.
(2) The charge of the utilization of Sarana Bantu Navigations as referred to in paragraph (1) is levied by the Minister by the time the ship arrives at the port or special terminal.
(3) The utilization charge of Sarana Bantu Navigationation as referred to in paragraph (1) is not imposed for:
a. the battleship;
B. ship of the country;
c. hospital ship;
D. A ship that enters into a dedicated port for the purpose of asking for help or a ship that provides human soul help;
e. ships that perform the sailing experiments; and
f. private ships doing government duty.
(3) The provisions of the type and tariff of the utilization charge of Sarana Bantu Navigationations as referred to in paragraph (1) and paragraph (2) are governed by its own Government Rule.

BAB IV
THE RIVER AND LAKE SHIPPING FACILITIES

Section 45
(1) To guarantee the safety, security, order, and agility of traffic and transport on river shipping and the lake is required to be equipped with an alur-cruise facility.
(2) The river and lake shipping facilities as referred to in paragraph (1) may be:
a. ship displacement pool (ship lock);
B. the flow depth regulator dam (navigation barrage);
c. Ship lift building (ship lift);
D. channel;
e. rambu;
f. surveillance post;
G. stop;
h. the high-scale record of water;
i. current building building;
J. current building building;
No, land retaining wall/river cliff; and
I. Mud-reservoir pool.

Section 46
(1) Planning, procurement, installation, construction, and maintenance of the shipping facilities as referred to in Section 45 of the paragraph (2) are required to conform to the administration of the shipping class and the administrative area limits.
(2) Planning, procurement, installation, construction, and maintenance of the shipping facilities as referred to in paragraph (1) are performed by the Government, provincial government, or district/city government in accordance with its authority.
(3) The government, provincial government, or district/city government in accordance with its authority in carrying out the construction of the shipping facilities as referred to in paragraph (2) may cooperate with the enterprise entity.

Section 47
(1) A river and lake transport ship that sails using the facilities as referred to in Article 45 of the paragraph (2) letter a, letter b, letter c, and the letter d is charged with utilization as the State Reception Not Tax or Regional Retribution.
(2) The government, provincial government, and county/city governments conduct surveillance on the functioning of the shipping-al-shipping facility.
Section 48
(1) The actions that may result in damage and/or barriers of the shipping facilities may be:
a. install and/or place something on a river and lake cruise facility;
B. converting river and lake shipping facilities;
C. destructive, devastating, or causing a defect of a river and lake shipping facility;
D. move the river and lake shipping facilities; and
e. Tether the ship to the river and lake shipping facilities.
(2) Actions that may result in damage and/or barriers to river and lake shipping facilities are subject to sanction in accordance with the provisions of the laws.

Section 49
(1) The owner and/or ship operator is responsible for any damage and/or inhibiting of the river and lake shipping facilities caused by the operation of its ship.
(2) The responsibility of the owner and/or operator of the ship as referred to in paragraph (1) is the obligation to promptly repair or replace the river and lake shipping facilities so that the facility may function again as it was originally.
(3) The remediation and replacement as referred to in paragraph (2) is performed within the longest time limit of 14 (fourteen) calendar days since the damage occurred.
(4) If at a time limit of 14 (fourteen) calendar days as referred to in paragraph (3) repair or replacement is not performed, the Minister does the repair or replacement of the river and lake voyaged facilities at the cost of which is charged to the owner and/or operator of the ship.

Section 50
Further provisions regarding the planning, procurement, installation, construction, and maintenance of river and lake shipping facilities and its supervising are governed by the Regulation of Ministers.

BAB V
TELECOMMUNICATION-voyage

The Kesatu section
Common

Section 51
On the voyage of the Telecommunication System, the Telecommunications system is hosted.

Section 52
The telecommunication-Pelayaran consists of:
a. means, type, and function;
B. requirements and standards;
C. staging;
D. Security and safety zones;
e. damages and obstacles;
f. utilization costs; and
G. Distress communication services, immediate communication and safety, as well as standard time sign requirements.

The Second Part
Means, Type, and Function

Article 53
The Telecommunications Means for the Shipping consists of:
A.beach radio station; and
b.National Data Centre (NDC) for Long Range Identification and Tracking of Ships (LRIT).

Section 54
(1) The Telecommunications type is composed of:
a. Global Maritime Distress and Safety System (GMDSS);
B. Vessel Traffic Service (VTS);
C. Ship Reporting System (SRS); and
D. Long Range Identification and Tracking of Ships (LRIT).
(2) Global Maritime Distress and Safety System (GMDSS) as referred to in paragraph (1) the letter a function for:
a. notice on the presence of a distress disaster (alerting);
B. communication for SAR coordination;
c. communication at the disaster location;
D. sign to ease location determination;
e. notification of information about shipping safety;
f. public radio communication; and
G. Communications between the ship's bridge.
(3) Vessel Traffic Service (VTS) as referred to in paragraph (1) the letter b serves to:
a. monitor cruise traffic and cruise traffic flow;
B. enhance cruise traffic security;
c. enhancing navigating efficiency;
D. environment protection;
e. observation, detection, and ship-climbing in the VTS coverage region;
f. general information settings;
G. special information settings; and
h. help ships that require special assistance.
(4) Ship Reporting System (SRS) as referred to in paragraph (1) the letter c serves to:
a. providing information that up to date of the ship ' s movements;
B. reducing contact time interval by ship;
c. pinpoint the location quickly, while the ship is in danger of unknown position; and
D. improving the safety and safety of souls and property in the sea.
(5) Long Range Identification and Tracking of Ships (LRIT) as referred to in paragraph (1) the letter d functions for:
a. detect the ship early;
B. Monitor the movements of the ship, so that in the event of a disaster it may be taken or anticipated; and
c. assist in the SAR operation.

The Third Part
The requirements and Standards of the Telecommunications Equipment Appliance

Section 55
The hosting of Telecommunications is required to meet the requirements and standards:
a. buildings or installations to be built and/or set up around the Telecommunications installation Services; and
B. The prevention, protection, and security of Telecommunications-Hosting security.

Section 56
On specific locations or buildings on land or in the waters based on technical considerations of the introduction of the aviaviaries are required to be released and/or utilized for the development of Telecommunications-Pelayers as well as given the right of use by the agency Authorized for that.

Section 57
Further provisions on the requirements and standards of hosting Telecommunications are governed by the Minister ' s Rules.

The Fourth Part
The hosting of the Telecommunications

Section 58
Telecommunications-Pelayaran hosting activities:
a. planning;
B. procurement;
C. operation;
D. maintenance; and
e. surveillance.

Section 59
(1) The planning activities as referred to in Article 58 of the letter a covering the plan:
a. needs of Telecommunications-Pelayaranation; and
B. Telecommunications-Operation activities.
(2) The planning term as referred to in paragraph (1) includes:
a. the length of which is above 15 (15) years up to 20 (twenty) years;
B. the medium term is above 10 (ten) years up to 15 (fifteen) years; and
c. short term is above 5 (five) years up to 10 (ten) years.

Section 60
(1) Telecommunications procurement activities as referred to in Article 58 of the letter b placed in the voyaged and on the public port waters performed by the Minister.
(2) Telecommunications procurement activities as referred to in Article 58 of the letter b for certain purposes and at certain locations may be performed by the entity after receiving permission from the Minister.
(3) The Procurement of Telecommunications performed by the business entity as referred to in paragraph (2) includes:
a. beach radio station; and
B. Vessel Traffic Services (VTS).

Section 61
(1) Telecommunications procurement activities for the purposes of the business entity are performed by the business entity.
(2) Telecommunications whose absence is performed by the business entity must meet the requirements and standards as referred to in Article 55.

Section 62
(1) The permission of the Minister as referred to in Article 60 of the paragraph (2) is granted after meeting administrative and technical requirements.
(2) The founding requirements of the beach radio station as referred to in Article 60 of the paragraph (3) of the letter a include:
a. Administration aspect:
1. acte the company ' s founding;
2. The Subject ' s Subject Number;
3. The company domicile certificate;
4. The radio operator ' s power list which will operate is equipped with a certificate of expertise;
5. The principal effort permit of the authorized instance; and
6. A laik certificate of operations from the Director General of Post and Telecommunications.
B. technical aspect:
1. denah location plan, accompanied by geographical position;
2. Image plan installation;
3. The technical specifications of the device to be installed;
4. Using a frequency that is assigned to the cruise service on the allocation Band Medium Frequency, Band High Frequency, and Band Very High Frequency;
5. Use A1A emission emissions for telegraphy, J3E and G3E for telephony, and F1B for select number calls; and
6. A beach radio station that uses a pancar power equal to or greater 1 (one) kilowatt between the transmitter and the receiver to be separated at a minimum distance of 5 (five) kilometers.
(3) The establishment requirements of the Vessel Traffic Services (VTS) as referred to in Article 60 of the paragraph (3) of the letter b include:
a. photocopy permit the establishment of the Beach Radio Station;
B. equipment specification; and
c. The survey results include the location image and installation of the General Directorate General.

Section 63
(1) The Minister issued a Telecommunications procurement license that meets the requirements as referred to in Section 62 of the paragraph (2) and paragraph (3) in the longest term of 14 (fourteen) days of work since the full acceptance of the request.
(2) The business entity as referred to in Article 60 of the paragraph (2) is mandatory:
a. maintaining and caring for Telecommunications-Layers;
B. ensuring the reliability of Telecommunications-Layings by predefined standards; and
c. report to the Minister about the operation of Telecommunications-Pelayaran.

Section 64
(1) The presence of the Vessel Traffic Services (VTS) held by the business entity as referred to in Section 60 of the paragraph (3) of the letter b is the alignment of the Vessel Traffic Services (VTS) on a location not yet served by The Vessel Traffic Services (VTS) system is a unit of the system's Vessel Traffic Services (VTS) system and is operated in cooperation with the operator of the local Telecommunications Service unit.
(2) The presence of the Vessel Traffic Services (VTS) on the location as referred to in paragraph (1) is the location where the shipping traffic is very dense and has a very high danger of aviavigasy.

Section 65
(1) The operating activities as referred to in Section 58 of the letter c include:
a. Guard assignment;
B. broadcast time schedule; and
c. maintain reliability.
(2) The setting up of the guardhouse designation as referred to in paragraph (1) of the letter is a division of the guard duty.
(3) The setting up of the broadcast time schedule as referred to in paragraph (1) of the letter b includes:
a. keep hearing at any frequency; and
B. broadcast news coverage, safety, security, and standard time signs.
(3) The setting up of maintaining reliability as referred to in paragraph (1) of the letter c is maintaining the function of the beach radio station.

Section 66
(1) The maintenance activities as referred to in Article 58 of the letter d include:
a. treatment; and
B. repair.
(2) The treatment activities as referred to in paragraph (1) of the letter a include:
a. dustcleaning;
B. power catu checking;
c. calibration of equipment;
D. panel-panel;
e. maintaining the air temperature of the room to remain stable; and
f. Software software.
(3) The remediation activities as referred to in paragraph (1) of the letter b include:
a. replacement spare units and spare part; and
B. equipment replacement.

Section 67
The supervising activities as referred to in Article 58 of the letter e are continuous monitoring of the monitoring.

Section 68
(1) The Telecommunications-Alignment is executed using the network system.
(2) The network system as referred to in paragraph (1) includes:
a. security and safety networks;
B. central communication network; and
c. regional network.

Section 69
(1) The security and safety network system as referred to in Section 68 of the paragraph (2) of the letter a communication from a beach radio station, the coast of the Earth station is aimed at the ship's radio station and/or vice versa using the IBM Global radio station. The Maritime Distress and Safety System (GMDSS), Ship Reporting System (SRS), Long Range Identification and Tracking of Ships (LRIT),and satellites on news of distress, safety, security, guidance, meteorological news, conditions of shipping and crossing, as well as Sarana Bantu Navigation-Pelayaran.
(2) The central communication network system as referred to in Section 68 of the paragraph (2) letter b of communication from the head office to the Navigation District, Port Authority, Syahbandar, and other agencies and/or otherwise on news information, security and cruise safety, as well as databases Sarana Bantu Navigation-Pelayers, Telecommunications means, shipping, and crossing, position of ships and port conditions, by means of satellite means, public telephone and radio communications as well as command center to monitor the ships via satellite channel.
(3) The regional network system as referred to in Section 68 of the paragraph (2) of the letter c is the communication of the unit of service aimed at the installation of a beach radio station and other coastal radio stations, the beacon tower and to other related agencies. on its territory and/or vice versa using satellite means, payphones, radios, and other systems built for it.

Section 70
Further provisions regarding the hosting of Telecommunications and the layout of the Telecommunication procurement permit –A of the enterprise is governed by the Regulation of the Minister.

The Fifth Part
The Telecommunications Safety and Safety Zone

Section 71
(1) The safety and safety zone as referred to in Article 52 of the letter d aims to guarantee the security of Telecommunications around the building or the installation of Telecommunications-Services.
(2) The security and safety zones as referred to in paragraph (1) function:
a. as a construction safety limit; and
B. protect Telecommunications from other means of disruption.
(3) The safety and safety zone as referred to in paragraph (2) with a radius of 500 (five hundred) meters calculated from the outer side of the installation antenna or the Telecommunications-Pelayaran building.
(4) In the safety and safety zone as referred to in paragraph (3) is prohibited from building installations or other buildings.

The Sixth Part
Damage and Hamrepentance

Section 72
(1) Actions that may result in damage and/or barriers to Telecommunications can be:
a. destructive Telecommunications facilities-Pelayaran;
B. generate interference on the exposure and/or acceptance of the Telecommunications-Pelayaran;
c. Build within the security and safety zones of Telecommunications-Pelayaran;
D. install and place something on Telecommunications-Pelayaran; and
e. Misuse of Telecommunications-Communicative function.
(2) The actions that result in damage and/or obstacles to Telecommunications as referred to in paragraph (1) are subject to sanction under the provisions of the laws.

The Seventh Part
The Use Of The Telecommunication Utilization

Section 73
(1) The news service in the service is traveling from ship to land or otherwise and the service of the news from the ship to another ship through a beach radio station or beach station, a general correspondence is charged with service charges. Telecommunications-Spacing.
(2) The charge of Telecommunications utilization as referred to in paragraph (1) is the Reception of State Not Tax.
(3) Telecommunications Services Regarding the distress news, immediate news, and sailing safety news not charged.

Section 74
(1) For the Telecommunications-Pelayaran service, any ship equipped with radio communication devices and conducting general correspondence must designate the power of calculation.
(2) Indonesian flag ships equipped with radio communication devices as referred to in verse (1) must be listed on the Indonesian calculation of the calculation.
(3) The calculation and payment of the cost of Telecommunications utilization to the public in the travel service of the ship to the ground or otherwise is resolved by the power of calculation.

Section 75
(1) The power of the calculation as referred to in Article 74 of the paragraph (1) may be carried out by a freight company or other entity whose field of business is moving in the field of shipping after being granted permission from the Minister.
(2) To obtain the calculation power permit as referred to in paragraph (1) must meet the requirements:
a. establishment acte of the company;
B. Mandatory Subject Number;
c. have an expert power in electronic radio field; and
D. vessels listed on the power of the least calculation:
1. 5 (five) ship units for national marine freight companies; or
2. 10 (ten) ship units for other Indonesian legal entities.
(2) The Minister publishes a calculation of the calculation of the calculation in the longest term of 14 (fourteen) business days after the full application is accepted.
(3) The authoring of calculation as referred to in paragraph (3) applies to a term of 2 (two) years and may be extended.

Section 76
Further provisions on the manner of the manner of authoring authoring authorization are set up with the Minister ' s Rules.

The Eighth Part
Maradanger Communication Service, Future Communications and Safety, as well as Standard Time Sign


Section 77
(1) News of distress, immediate news, and safety news as well as standard time-marking news for ships sailing in Indonesian waters broadcast widely through beach radio stations and/or beach stations in the network Telecommunications-Spacing.
(2) The news release of distress, immediate news, and safety news as well as the standard time sign news as referred to in paragraph (1) in order of the order of the priority is required to meet the following conditions:
a. News broadcasting was implemented immediately after being accepted and rebroadcast periodically 2 (two) times in 1 (one) hours during quiet time using the international maradanger frequency broadcasting channel on Band Medium Frequency and High Frequency band, while the distress news broadcaster at Band Very High Frequency was executed as soon as it was received; and
B. The standard time-marking news broadcasting is implemented as scheduled for the Coast Radio Station loaded in List Of Radio Determination and Special Service Stations by using the frequency broadcasting channel on Band Medium Frequency, The band High Frequency, and Band Very High Frequency.

Section 78
(1) The Telecommunications Host is required to broadcast the distress news, immediate news, safety news, and standard time-marking broadcast.
(2) The news release as referred to in paragraph (1) is executed in the order of the priority as follows:
a. the distress call, the distress news, and the distress traffic “MAYDAY MAYDAY MAYDAY”;
B. communications preceded by immediate sign “PAN PAN PAN”;
c. The communication preceded by the safety sign (securite);
D. communications with respect to the search direction radio;
e. communication with respect to navigation, the secure movement of the aircrafts involved in search and rescue operations (SAR);
f. Communications related to navigation, ship and ship needs and aircrafts, as well as weather observations prepared for an official Meteorological Service;
G. radio telegrams related to the charter of the United Nations (etat priority nations); and
h. Government radio telegrams with priority and Government conversations preceded priority (etat priority).

Section 79
(1) The distress news in the cruise service is broadcast if the ship is in distress and requires immediate help.
(2) The mobile service of the cruise as referred to in verse (1), must carry out the hearing duty on the frequency of the distress.
(3) a beach radio station and/or a beach earth station, must broadcast a distress news covering:
a. the rebroadcasting of the distress news from the ship received through the system digital selective calling (DSC) Global Maritime Distress and Safety System (GMDSS);
B. The distress communication “MAYDAY MAYDAY MAYDAY ” indicate the presence of a mobile unit or person in a state of danger and in need of immediate assistance;
c. communication immediately “PAN PAN PAN” includes:
1. The information asks for help of the sick person on board; and
2. Information for help against the person who fell in the sea.
D. safety communication “SECURITE SECURITE SECURITE” includes:
1. information on the presence of shift position Sarana Bantu Navigation-Pelayaran;
2. The information about the on the Sarana Bantu Navigation-Pelayaran;
3. information on the presence of oil drilling at a position in the alur-mourners;
4. information about the existence appears a reef;
5. information about the presence of floating objects endangering the voyage;
6. information on the support of search and rescue operations (SAR); and
7. information about the reporting of a mysterious ship (phantom ship).
e. The standard timesharing is a sign of time marks for ships, beach radio stations, and for other parties that require time information and match chronometers.

Section 80
(1) Nakhoda is required to cover the news of distress, immediate news, and safety news sailing either from the ship around it or from the beach radio station and/or the shore station for search, rescue, and sailing safety purposes.
(2) Nakhoda is required to cover the news of distress, news immediately, and the safety of the sailing as it is referred to in paragraph (1) in the form:
a. moving station or ground station hearing that a mobile station is in danger of having to transmit a distress news in terms of:
1. If the station is in distress in a position cannot be able to emit any distress news;
2. If the Nakhoda or the person responsible for the ship, the aircraft, or any other vehicle that is not in distress, or the person responsible for the ground station, is troubling/oppos/argue that it is still necessary for help more; or
3. If the ship is not in a position to provide assistance, however, the distress news has not yet gained help.
B. all stations that hear the immediate sign must cover/follow it and do not make any transmissions that may cause any disruption to the news following the immediate sign;
c. all stations that hear safety signals must be heard until they are convinced that the safety news is not important to him, and does not make any transmissions that may incur disruption to security news. that.

Section 81
(1) Each ship station which arrives at the destination port, and will close its dined hour must:
a. notify the nearest/local beach radio station and if possible to other stations that are usually related; and
B. does not close the service until it finishes all the news traffic exchange that is on it, as long as it does not conflict with the regulations applicable in that port.
(2) Any ship that leaves the port must immediately notify the beach radio station or related stations that the station service hours will be reopened to the extent permitted by the applicable regulations, but the station is No fixed service hours, notifications were made when the first station service was opened after departing from the port.

Section 82
(1) Owner, ship operator, or Nakhoda is required to notify the plan of arrival of his ship in port to Syahbandar by sending the Nakhoda (master cable) radio telegram to the Port Authority, Port Organizing Unit, or Shahbandar via a beach radio station with a stew to the marine transport company or general agent in the longest time 48 (forty-eight) hours before the ship arrives at the port.
(2) Notice of the arrival of the ship by Nakhoda by sending the Nakhoda (master cable) radio telegram as referred to in verse (1) is delivered to Syahbandar via a beach radio station.
(3) Notice of the arrival of the ship as referred to in paragraph (2) which the beach radio station has received is delivered to the Port Authority, Port Organizing Unit, or Syahbandar and the sea freight company or general agent with using phone means, facsimile, email (e-mail), radio, and/or ordonan (caraka).

Section 83
(1) Nakhoda is required to notify the center of the day (noon positioning) by sending an unpaid radio telegram and/or communication link from the ship to a nearby beach radio station.
(2) The radio telegram and communication relationship as referred to in the verse (1) contains the coordinates of the position, the bow of the ship and the destination of the ship, the condition of the ship, as well as the condition of the ship's crew in the middle position of the day (noon positioning).
(3) The beach radio station after receiving a midday position notice as referred to in verse (1) and verse (2) passes the news of the middle position of the day (noon positioning) it to the local Syahbandar.

Section 84
Further provisions on the manner of broadcasting news marahazards, immediate news, safety news, and standard time sign broadcasts are set up with the Minister Rule.

BAB VI
METEOROLOGICAL SERVICE

Section 85
(1) The government is required to provide the least meteorological services including:
a. Information providing information about the weather and weather conditions and its initiatives;
B. calibration and certification of the weather observation equipment on board; and
c. Technical guidance of weather observations in the sea to a specific crew member to support the input of meteorological data.
(2) The meteorological service as referred to in paragraph (1) is the marine weather information services service and is carried out by the maritime meteorological station.

Section 86
(1) The marine weather information services service as referred to in Article 85 of the paragraph (2) includes:
a. Cruise weather information;
B. harbor weather information; and
c. special weather information.
(2) The oceanic weather information as referred to in paragraph (1) is delivered to the service user.

Section 87
Each maritime meteorological station is required to perform cooperation with the local beach radio station.

Section 88
(1) The cruise weather information as referred to in Section 86 of paragraph (1) of the letter a weather information containing:
a. the observation of a storm;
B. bad weather;
c. A significant summary of the general weather state; and/or
D. weather forecast and ocean waves for Indonesian territorial waters.
(2) The port weather information as referred to in Section 86 of the paragraph (1) letter b of the weather information containing:
a. the observation of a storm;
B. bad weather;
c. A significant summary of the general weather state; and/or
D. weather and ocean waves forecast for the port region and surrounding waters.
(3) Special weather information as referred to in Section 86 of paragraph (1) of the letter c of the daily and weekly weather information:
a. Processed weather data; and/or
B. weather forecast that is broadcast for service users who require special services at demand.

Section 89
(1) the port weather information and port weather information as referred to in section 86 of the paragraph (1) the letter a and the letter b shall be required to:
a. Syahbandar; and
B. ships that are sailing through the public broadcaster (broadcast) of the beach radio station every day at a set time.
(2) Special weather information as referred to in Article 86 of paragraph (1) letter c may be delivered directly to the service user and/or via the telecom equipment.

Section 90
The calibration and certification of the weather observation equipment on the ship as referred to in Article 85 of the paragraph (1) letter b is exercised by the Government.

Section 91
Technical guidance of weather observations on the sea to the crew of a particular ship to support the input of meteorological data as referred to in Article 85 of the paragraph c of the activity:
a. weather observational guidance;
B. Socialization of the importance of weather for cruise safety to the Nakhoda or a weather observer officer on board;
c. awarding of instruction books and log books vessels for weather observation purposes; and
D. take on the ship ' s observation results.

BAB VII
BUILDING OR INSTALLATION IN THE WATERS

Section 92
(1) In the waters it can be constructed buildings or installations other than for the purposes of the voyage.
(2) The building or installation as referred to in paragraph (1) at least must meet the requirements:
a. assignment, precipitate, and tagging;
B. no damage to buildings or installation of Sarana Bantu Navigation-Pelayaran and Telecommunications facilities;
c. regard the free space in the construction of the bridge;
D. notice the mounting corridors of marine cables and undersea pipes; and
e. is outside the mandatory waters of the pandu.
(3) In addition to the terms referred to in paragraph (2) the owner of a building or installation is required to place a sum of money in the Government bank as a guarantee to replace the building's demolition fee or installation that is not used anymore by the The owner of the film is set by the Minister.
(4) Build, move, and/or unload buildings or installations that are in the waters should be granted permission from the Minister.

Section 93
Build, move, and/or unload buildings or installations that are in rivers and lakes, must obtain permission from the Minister, the governor, or the regent/mayor in accordance with its authority.

Section 94
(1) On any building or installation in the sea required to be installed Sarana Bantu Navigation-Pelayaran.
(2) The Installation of Sarana Bantu Navigations as referred to in paragraph (1) is carried out by the building owner after receiving approval from the Minister.
(3) The Minister establishes a security and safety zone of sailing on any building or installation.
(4) The location of the building or installation, the Sarana's specifications help the Navigation-Pelayaran, and the safety and safety zone was announced by listing in the sea map and the cruise guide book as well as broadcast via the beach radio station.
(5) The security and safety zone limit consists of:
a. the forbidden zone on an area of 500 (five hundred) meters is calculated from the outermost side of the installation or building; and
B. The zone is limited to an area of 1,250 (one thousand two hundred fifty) meters are counted from the outer side of the forbidden zone or 1,750 (seven hundred and fifty) meters from the outermost point of the building.

Section 95
(1) On any building or installation in the flow of rivers and lakes is mandatory:
a. installed certain shipping facilities; and
B. set a security zone and sail safety.
(2) Installation of the shipping facilities as referred to in paragraph (1) is carried out by the building owner upon receiving the consent of the Minister, the governor, or the regent/mayor according to his authority.
(3) The Minister establishes a security and safety zone of sailing on any building or installation.

Section 96
(1) The building or installation that does not meet the provisions as referred to in Article 92 of the paragraph (2) or which is not used is mandatory unloaded.
(2) The demolition as referred to in paragraph (1) is carried out by the building owner or installation of the longest 14 (fourteen) business days since being declared unqualified or not used again.
(3) The demolition as referred to in verse (1) is reported to the Minister to be broadcast via a beach radio station and be included in the sea map and cruise guide book.
(4) In terms of the term as referred to in paragraph (2) exceeded, the Minister did the dismantling of the cost of the building owner or installation.

Section 97
Further provisions on how to build, transfer, and/or unload buildings or installations in the waters, and the establishment of a security zone and the safety of a building or installation in the waters are governed by the Ordinance of the Law. Minister.

BAB VIII
HARDENING AND RECLAMATION

The Kesatu section
The dredging

Section 98
(1) To build and maintain the shipping and port pools as well as other interests done the dredging work.
(2) Other interests as referred to in paragraph (1) include:
a. construction of the port;
B. wave retaining development;
C. mining; and/or
D. Other buildings that require a dredging job can result in the disruption of the voyage.

Section 99
(1) The dredging job as referred to in Section 98 of the paragraph (1) is performed by a company that has the ability and competence as well as substantiated by a certificate issued by the authorized instance.
(2) The implementation of the dredging work as referred to in paragraph (1) is mandatory meeting technical requirements.
(3) The technical requirements as referred to in paragraph (2) include:
a. safety and sailing security;
B. Sustainability of the environment;
c. governance of the waters; and
D. Special watering sets for jobs in rivers and lakes.
(4) The safety and security technical requirements of sailing as referred to in paragraph (3) of the letter include:
a. design, groove width, pool area, and depth according to the size of the ship that will pass the groove;
B. location of disposal of dredging results (dumping area); and
c. pay attention to marine cable areas, underwater installation pipes, offshore buildings, ship-frame uplift, and other areas governed by international provisions or related agencies.
(5) The technical requirements of the environment as referred to in paragraph (3) of the letter b are the environmental feasibility study conducted in accordance with the provisions of the environment in the field of the environment.
(6) The technical requirements of the waterspace layout as referred to in paragraph (3) of the letter c of the recommendation regarding the suitability with the layout of the governor and/or bupati/mayor.

Section 100
The dredging job as referred to in Section 98 of the paragraph (1) must get permission from:
a. Minister for dredging work in the shipping and main port waters region and the feeder port as well as in the special terminal waters region;
B. the governor for the dredging work in the regional seaport area of feeder waters; and
C. bupati/mayor for dredging work in the marine port region of local feeder and river ports and lakes.

Section 101
Dredging work on river and lake voyage must get permission from:
a. Minister for dredging work in Class I voyage;
B. the governor for the dredging work in the Class II voyage; and
C. bupati/mayor for dredging work in Class III voyage.

Section 102
Further provisions on how to grant dredging job permissions are set up with the Minister Rule.

The Second Part
Reclamation

Section 103
(1) To build a special port and terminal which is in the waters it can be carried on reclaimed work.
(2) The work of the reclamation as referred to in paragraph (1) is performed by a company that has the ability and competence as well as is proven by a certificate published by the authorized instance.
(3) The implementation of the reclamation work as referred to in paragraph (1) must meet the technical requirements.
(4) The technical requirements as referred to in paragraph (3) include:
a. agreement with the Port Master Plan for reclamation activities located within the workspace area and the port interests environment or general plan of the district/city area of the area concerned for activities special terminal building;
B. safety and sailing security;
c. Environmental sustainability; and
D. Technical design.
(5) Reclamation work as referred to in paragraph (1) must get permission from:
a. Minister for reclamation work in the main port waters region and the steaming port as well as in special terminal waters region;
B. the governor for reclamation work in the regional seaport area of feeder waters; and
C. bupati/mayor for reclaimed work in the marine port region of local feeder and river ports and lakes.

Section 104
The permit as referred to in Article 100, Section 101, and Article 103 of the paragraph (5) is submitted by the company meeting the requirements:
a. form a legal entity;
B. have the Tax Mandatory Principal Number;
c. have the acte of the founding company authorized by the authorized instance;
D. have the company ' s domicile description;
e. have a dredging and reclamation effort;
f. have the dredging and reclamation equipment; and
G. have expert power in the field of dredging and reclamation.

Section 105
(1) In terms of the implementation of the reclamation carried out within the area of the working environment and the area of the port interest environment then the request for permission as referred to in Article 104 is submitted by the Port Authority or the Port Organizing Unit to:
a. Minister, on the main port and the port of the gatherer as well as in the special terminal waters region;
B. the governor, on the regional feeder port; and
C. bupati/mayor, on the local feeder port and port of rivers and lakes.
(2) The permission as referred to in paragraph (1) is granted by the Minister, governor, or regent/mayor in accordance with its authority after meeting the requirements as referred to in Article 104.

Section 106
(1) Land of the reclamation in the working environment area and the area of the port ' s interests environment can be moorted on its land rights by the Port Authority or Port Organizing Unit in accordance with the provisions of the laws.
(2) The reclaimed land in special terminal waters region can be moorted for the management rights of its land by special terminal managers in accordance with the provisions of the laws.

Section 107
Further provisions on the manner of granting of the reclamation work permit are set up with the Minister ' s Rules.

BAB IX
SWEETENER

Section 108
(1) For the benefit of safety, the security of sailing, protection of maritime environment, as well as the lateness of the cross in the waters, ports and special terminals, certain waters, the Minister sets the mandatory waters and the waters of the extraordinary pandu.
(2) The obligatory waters of the pandu and the exceptional waters of the pandu as referred to in paragraph (1) must meet the criteria:
a. factor outside the vessel affecting the safety of sailing; and
B. ship factors that affect the safety of sailing.
(3) The factors beyond the ship that affect sailing safety include:
a. water flow length;
B. the number of twists;
c. width of the waterways;
D. hurdle/danger navigation in the waterways;
e. current speed;
f. wind speed;
G. wave height;
h. fog/thickness thickness;
i. the type of ship taming; and
J. Sarana State Help-Navigation-Pelayaran.
(4) The ship factor Criteria which affects sailing safety includes:
a. ship traffic density frequency;
B. ship size (gross tonnage, length, and ship sarat);
c. type of ship; and
D. type of ship charge.
(5) The Criteria as referred to in paragraph (3) and paragraph (4) is given a discarer value.

Section 109
(1) The mandatory water of the pandu as referred to in Article 108 paragraph (1) is classified in:
a. Class I must be required;
B. the mandatory waters of the Class II pandu; and
c. The mandatory waters of the Class III pandu.
(2) The division of the class as referred to in paragraph (1) is performed based on the criteria as referred to in Section 108 of the paragraph (3) and the paragraph (4).

Article 110
(1) The implementation of the guidance in the obligatory waters of the pandu and the extraordinary waters of pandu as referred to in Article 108 of the paragraph (1) must be done by the pandu.
(2) The officer of the panding as referred to in paragraph (1) must meet the requirements:
a. berijdiplomexpert sailor nautika;
B. have a sailing experience as Nakhoda at least 3 (three) years;
c. Pass the education and training of the pandu organized by the Government; and
D. Physical and spiritual health is evidenced by the health information of the government hospital appointed by the Minister.

Section 111
(1) The guidance service for ships with sarat 15 (fifteen) meters or more outside the port waters is carried out by the deep sea panding officer.
(2) The panding officer can be set as a deep-sea panding officer after graduating deep-sea panding training education.

Section 112
(1) In the execution of the guide:
a. Officers must provide guidance and information required by Nakhoda or the ship's leader as well as assisting the ship's motion; and
B. Nakhoda or ship leader must provide a description of the data and characteristics related to the motion of the ship's motion to the panding officer.
(2) Authorities are required to immediately report to Syahbandar if found there is a shortage of ship ' s oceanic requirements.

Section 113
(1) On the waters designated as obligatory waters, the ships of the gross tonnage GT 500 (five hundred Gross Tonnage) or are more obliged to be guided.
(2) On the waters designated as the extraordinary pandu waters the service of the guidance is carried out at Nakhoda request.

Article 114
(1) The hosting of the guide on the obligatory waters of the pandu as referred to in Article 113 of the paragraph (1) and in the extraordinary pandu as referred to in Article 113 of the paragraph (2) is carried out by the Port Authority or the Port Organizing Unit.
(2) In the case of the Port Authority or the Port Organizing Unit yet to provide the service of the pandu in the compulsory waters and the extraordinary panders which are on the port and the port waters, the implementation can be devolve to the body a port effort that meets the requirements after obtaining permission from the Minister.
(3) In terms of the Port Authority or the Port Organizing Unit yet to provide pandu services in the mandatory waters and exceptional pandu located within the area of special terminal waters, management and operation of the check can be be granted to special terminal managers who meet the requirements after obtaining permission from the Minister.

Section 115
(1) In the case of a special terminal manager as referred to in Article 114 paragraph (3) does not meet the requirements, management and operation of the guidance may be devolvable to the nearest port business entity that meets the requirements after obtain permission from the Minister.
(2) The requirements as referred to in paragraph (1) include:
a. Provides a guide to the requirements of the Cloud Service. B. provides a means of help and infrastructure that meets the requirements; and
c. provide a guidance service according to the specified service system and procedure.

Section 116
(1) The hosting of the services carried out by the Port Authority and the Port Organizing Unit are charged in accordance with the provisions of the laws.
(2) The sponsorship of the port of the port is charged with the cost of the port enterprise based on the type, structure, and tariff group established by the Minister.
(3) The port business agency that manages and operates compulsory sweeteners pays the percentage of revenues derived from the services of the guidance to the State Kas as the State Reception Is Not Taxes.

Section 117
The cost of the guidance as referred to in Article 116 of the paragraph (1) is not imposed for:
a. the battleship; and
B. the country ' s ships used for governance duties.

Section 118
Further provisions on the manner of compulsory water-class determination methods, the layout of mandatory waterways and the exceptional waters of pandu, education and training of the pandu, the obligation of the pandu, and the hosting of the guidance. set up with the Minister ' s Rule.

BAB X
THE SKELETON OF THE SHIP

Section 119
(1) The owner of the ship is obliged to insulate his ship.
(2) The ship ' s insurance as referred to in paragraph (1) includes insurance on the duty of lifting the vessel frame.
(3) The obligation of insulating as referred to in paragraph (1) is excluded for:
a. the battleship;
B. the ship of the country used to perform a government task;
c. sailboats and motor sailboats; or
D. a motorboat with a gross tonnage less than a GT 35 (thirty-five Gross Tonnage).

Section 120
(1) The owner of the ship and/or Nakhoda is required to report immediately the skeleton of his ship which is in Indonesian waters to Syahbandar.
(2) Based on the report as referred to in paragraph (1), the Minister sets the level of sailing safety disorder.

Section 121
(1) In terms of the framework of the vessel as referred to in Article 120 of the paragraph (1) its position of interfering with the safety of the sail, it must be installed Sarana Bantu Navigation-Pelayaran.
(2) The position of the vessel framework as referred to in verse (1) is announced via the Indonesian beach radio station and the news of Indonesian sailors.
(3) The removal, installation, maintenance and reappointment of Sarana Bantu Navigations as referred to in paragraph (1) be the responsibility of the ship's owner.
(4) The position of the vessel frame as referred to in verse (1) which Sarana has not yet installed, the Navigation System, which resulted in the crash of the ship, the owner of the ship's skeleton is required to pay damages to the party in the accident. in accordance with the provisions of the laws.

Section 122
(1) The ship 's skeleton owner is obliged to remove the ship' s skeleton and/or its payload to other premises determined by the Minister.
(2) The submission as referred to in verse (1) must be carried out at the longest 180 (one hundred eighty-eighty) calendar days since the ship sank.
(3) If in the timeframe as referred to in verse (2), the ship's owner has not yet carried out the exclusion of the skeleton of the ship, the exclusion of the ship's skeletal remains to the Minister for the cost of the owner of the ship's skeleton.
(4) The negligation of the skeletal frame (s) of the ship's frame in time, as referred to in verse (2), resulting in a crash of a ship, to pay a change of loss to the experiencing self-suss. accident.

Section 123
(1) In terms of the government finding the framework of the ship and/or its cargo or based on reports of the public and unknown to its owner, the government made an announcement of the discovery of its vessel and/or its payload.
(2) The announcement of the discovery of the vessel and/or its charge as referred to in paragraph (1) is performed by 3 (3) times in a row of 30 (thirty) calendar days via print and/or electronic media.
(3) In terms of the term as referred to in paragraph (2) neither party recognizes as the owner, is required to be appointed by the Minister and the framework of the ship and/or its cargo to belong to the state.

Section 124
For the sake of cruise safety, the former skeletal location of the removed ship was announced by the Minister via the beach radio station and Indonesian sailor news.

Section 125
Further provisions regarding the manner of the removal of the vessel and/or its services are governed by the Minister Rule.

BAB XI
SALVAGE AND THE UNDERWATER WORK

Section 126
(1) The salvage activities are carried out against the ship ' s frame and/or its payload which has an accident or sink.
(2) The implementation of the salvage activity as referred to in paragraph (1) must meet the technical requirements that include:
a. work method;
B. the completeness of the equipment; and
c. workforce.
(3) Any implementation of the salvage activity as referred to in paragraph (2) must get the Minister ' s permission.

Section 127
(1) The underwater job activities can be performed for installation:
a. underwater cable;
B. underwater pipes; and/or
c. Building or underwater installation.
(2) The implementation of the underwater work activities as referred to in paragraph (1) must meet the technical requirements that include:
a. work method;
B. the completeness of the equipment; and
c. workforce.
(2) Any implementation of the underwater job activities as referred to in paragraph (1) must get the Minister ' s permission.

Section 128
(1) The salvage activity and underwater work as referred to in Section 126 and Section 127 can only be performed by a specialized entity established for the activities of salvage and the underwater work.
(2) The business entity as referred to in paragraph (1) is required to have a business permit.
(3) The business permit as referred to in paragraph (2) is provided by the Minister after meeting the requirements:
a. administration:
1. acte the company ' s founding;
2. The Tax Required Subject Number; and
3. A domicile letter.
B. technical:
1. have a certified diver power;
2. Have at least 1 (one) working ship units; and
3. Have work equipment, at least a scuba kit, cut equipment, and dive equipment.
(4) The business permit referred to in paragraph (3) applies as long as the business entity is still running its activities and meets the requirements.

Section 129
The diver's certificate is referred to in Article 128 of the paragraph (3) the letter b 1 is given by the Minister after being declared a graduate in education and diving training.

Section 130
Further provisions for the implementation of the salvage and/or underwater work, performance of the salvage and/or underwater work, and the education and training of divers are governed by the Ordinance of the International Law. Minister.

BAB XII
THE KENAVIGASIAN INFORMATION SYSTEM

Article 131
(1) The Minister organizes a system of the kenavigasian information system.
(2) The use of the Cloud Service is available at least one (1) of the following: a. Sarana capacity Help Navigation-Pelayaran;
B. Telecommunications capacity-Pelayaran;
c. Flow conditions and trajectory;
D. the country ship in the field of the aviavi;
e. Human resources in the field of neutrality;
f. wind conditions, currents, waves, and tides; and
G. The cruise obstacle or the danger of new navigation is either below or above sea level.
(3) The system of information kenavigasian as referred to in paragraph (1) is done through activities:
a. collection;
B. processing;
C. Analysis;
D. presentation;
e. deployment; and
f. storage of data and information.
(4) In the activities of the staging of the system of the aviaviian information as referred to in verse (3) may involve the associated agencies using the development of information technology and communication.

Section 132
The support information system is intended for:
a. supporting cruise operations;
B. improving services to the community or the public; and
c. Supporting the formulation of the policy in the field of the field of neutrality.

Section 133
Development and development of a network of kenavigasian information systems using satellite technology that has been built in the structure of cruise information systems.

BAB XIII
THE NAVIGATION OF THE VOYERS AND
TELECOMMUNICATION-voyage

The Kesatu section
The Officer Means The Navigational Navigating Officer

Section 134
(1) The operation and maintenance of Sarana Bantu Navigationations are performed by officers who meet the requirements.
(2) The Requirements for which the Cloud Service can be used are not included in the Cloud Service. a. education;
B. skills; and
C. health.
(3) The educational requirements as referred to in paragraph (2) of the letter a have a certificate of education and training Sarana Bantu Navigation-Pelayaran issued by the Minister.
(4) The Certificate of Education and Training of Sarana Bantu Navigations as referred to in paragraph (3) consists of:
a. Basic Level-Level Training Help: and
B. " Skilled-training of skilled-level training.
(5) The skill requirements as referred to in paragraph (2) of the letter b include the operating, maintaining, and repairing of Sarana's equipment.
(6) The health requirements as referred to in paragraph (2) of the letter c include:
a. healthy physical and spiritual is attested by a healthy letter from the government hospital appointed by the Minister; and
B. free narcotics and illicit drugs as evidenced by the caption of a government hospital appointed by the Minister.
(7) Further provisions on the requirements of education, skills, and health of officer Sarana Bantu Navigations are set up with the Minister ' s Regulations.

The Second Part
Telecommunications Officer-The Layman

Section 135
(1) The operations and maintenance of Telecommunications are performed by the officers who meet the requirements.
(2) The requirements as referred to in paragraph (1) include:
a. education;
B. skills; and
C. health.
(3) The educational requirements as referred to in paragraph (2) of the letter a have a certificate of education and Telecommunications training issued by the Minister.
(4) Telecommunication education and training certificate as referred to in paragraph (3) consists of:
a. Radio operator Global Maritime Distress and Safety System (GMDSS):
1. Limited Radio Operator Certificate (ORT);
2. General Radio Operator ' s Certificate (ORU);
3. Certificate of the Radio Operator of Electronics Level II (SRE II); and
4. The Certificate of the Radio Operator of Electronics Level I (SRE I).
B. Cruise Telecommunications Engineer (TTP):
1. TTP level III;
2. TTP level II; and
3. TTP level I.
C. Vessel Traffic Service operator:
1. Vessel Traffic Service Basic; and
2. Vessel Traffic Service Advance.
(5) The skill requirements as referred to in paragraph (2) of the letter b include the skill of operating, maintaining, and repairing the Telecommunications equipment.
(6) The health requirements as referred to in paragraph (2) of the letter c include:
a. healthy physical and spiritual is attested by a healthy letter from the government hospital appointed by the Minister; and
b.free narcotics and illicit drugs as evidenced by the caption of a government hospital appointed by the Minister.
(7) Further provisions on the requirements of education, skills, and health of the Telecommunications Officer-Pelayaran are set up with the Minister ' s Regulations.

Article 136
The operation of coastal radio station equipment and ship radio stations is carried out by officers who have had the lowest certificate of the General Radio Operator ' s certificate (ORU).

BAB XIV
ADMINISTRATIVE SANCTION

Section 137
The business entity, owner, and/or ship operator that does not carry out the obligations and responsibilities as referred to in Article 33 of the paragraph (2), Section 42 of the paragraph (1), Section 43 of the paragraph (2), Section 49 of the paragraph (2), Section 63 of the paragraph (2), Section 82 of the paragraph (1), Section 1) verse (3), Section 119 of the paragraph (1), Section 120 of the paragraph (1), Section 121 of the paragraph (4), Section 122 paragraph (1), or Section 122 of the paragraph (4) is subject to administrative sanction:
a. warning;
B. freezing clearance; or
c. revocation clearance.

Section 138
Nakhoda who does not report all information as referred to in Article 14 of the paragraph (1), Section 15 paragraph (1), Section 80 paragraph (1), Section 82 paragraph (1), Section 83 of the paragraph (1), Article 113 of the paragraph (1), or Article 120 of the paragraph (1), or Article 120 of the paragraph (1) is subject to administrative sanction. in form:
a. written warning; or
B. freezing of the certificate certificate.

Section 139
More provisions on the manner of administrative sanction imposition are governed by the Minister ' s regulations.

B A B XV
CLOSING PROVISIONS

Section 140
By force of this Government Regulation, all the lower laws of this Government Regulation governing the provisions of neutrality are declared to remain in effect, as long as not contradictory or unreimbursed. with a new one based on this Government Regulation.

Article 141
With the enactment of this Government Regulation, then Government Regulation No. 81 of 2000 on Kenavigasian (State Sheet of Indonesia 2000 Number 160, Additional Gazette Republic of Indonesia Number 4001) revoked and declared does not apply.

Section 142
These Government regulations begin to take effect on the date of promulgations.

In order for everyone to know, order the invitational of this Government Regulation with its placement in the State Sheet of the Republic of Indonesia.

Set in Jakarta
on January 6, 2010
PRESIDENT OF THE REPUBLIC OF INDONESIA,

-DR. H. SUSILO BAMBANG YUDHOYONO

Promulgated in Jakarta
on January 6, 2010
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

PATRIALIST AKBAR