Government Regulation No. 5 Of 2010

Original Language Title: Peraturan Pemerintah Nomor 5 Tahun 2010

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Back COUNTRY SHEET Republic of INDONESIA No. 8, 2010 (Additional explanation in the State Gazette of the Republic of Indonesia Number 5093) GOVERNMENT REGULATION of the REPUBLIC of INDONESIA number 5 in 2010 ABOUT KENAVIGASIAN by the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: that in order to implement the provisions on kenavigasian as provided for in article 177, section 183 subsection (2), article 184 Article 186, paragraph (2), article 196, and section 206 subsection (2) of Act No. 17 of 2008 about Cruise , need to establish government regulation of Kenavigasian;
Remember: 1. Article 5 paragraph (2) of the Constitution of the Republic of Indonesia in 1945;
2. UndangUndang No. 17 in 2008 about the voyage (Gazette of the Republic of Indonesia Number 64 in 2008, an additional Sheet of the Republic of Indonesia Number 4849);
Decide: define: GOVERNMENT REGULATION of KENAVIGASIAN.
CHAPTER I GENERAL PROVISIONS article 1 In this Government Regulation is: 1. Kenavigasian is everything to do with Navigation Aids-cruise-cruise, telecommunications, meteorological, hydrographic and grooves and crossing, dredging and reclamation, scouting, the handling of the frame of the ship, salvage, and underwater work for the interests of the safety of a cruise ship.
2. Navigation Aids-cruise is equipment or systems that are outside of the ship that is designed and operated to improve the safety and efficiency of ships navigate and/or ship traffic.
3. Telecommunications-telecommunications is Cruise special for cruise service is every transmission, delivery or receipt of each type of sign, image, sound and information in any form through the system of wire, radio, optical, or other electromagnetic system in Office moves-a cruise that is part of the safety of the cruise.
4. Coastal Earth station is earth station in the fixed-satellite service or in some respects, in the service of moving cruise satellite placed in a certain place on land that is provided to the network service for the supply of satellite moving cruise.
5. Ship earth station is a station of the Earth satellite moves Office moves in the cruise that was placed on board.
6. The Radio station is a ground station in the service of moving cruise.
7. The ship's Radio station is the station is engaged in the service of moving cruise ship stationed not moored on a permanent basis unless the lifeboat station.
8. Department of Moving Cruise is a service of moving between the coast with ships or stations antarstasiun-antarstasiun ship or station-station communications that there is on board, while the lifeboat stations and stations of radio signs emergency position instructions can also take part in this service.
9. The power of Calculation is the National Sea transport companies and companies who have a business license for maritime services who is appointed and is responsible for calculating and completing payment of telecommunication services telecommunication radio naval ships in connection with the use of telecommunications facilities to the public in the service of moving cruise and/or satellite moves cruise agency of both national and international.
10. Meteorology nature of symptoms is related to the weather.
11. the Meteorological Service is an activity relating to the provision of information, the dissemination of information, and the granting of services related to meteorology.
12. The cruise Guide is the book Scouting nautical containing hints or description to be used as a guideline for the crew to be able to sail safely.
13. Flow-the cruise was the waters in terms of depth, width, and other cruise highway is considered safe and happy to be navigable.
14. The flow of goods and is part of the navigable waters of the appropriate dimensions/specification of the ships at sea, rivers, and lakes.
15. Cruise-Flow Facilities and infrastructure is needed to smooth the traffic of ships, among other Navigational Aids-cruise, Vessel Traffic Services, and Coastal Radio stations.
16. Indonesia Islands Sea Flow is the flow of ocean traversed by ships or aircraft and/or foreign aircraft over the Groove, to carry out the voyage and flight with normal way solely to transit the continuous, direct and as quickly as possible and not obstructed through or over the waters of the archipelago and the sea adjoining territory between one part of the high seas or an exclusive economic zone Indonesia and parts of the high seas or an exclusive economic zone of other Indonesia.
17. The security and safety of the Zone is the space around the Navigation Aids-cruise, Cruise-Telecommunications means, and buildings or installations that are bounded by a radius, height, and/or a certain depth.
18. The waters of Indonesia's territorial sea is Indonesia and its waters inland waters and Islands.
19. Building or construction is any good Installation is above and/or below the surface of the water.
20. The dredging is a job change form the basis of the waters to reach the depth and width of the desired or to take the material basis of the waters to be used for a particular purpose.
21. Reclaiming is the job of the heap in the waters or shore of a changing coastline and/or contour of the depth of the water.
22. The Scouting is a wizard in the help, give advice, and information to the Captain about the State of the local waters are essential for navigation-cruise can be implemented safely, orderly, and smoothly for the sake of the safety of the vessel and the environment.
23. Pandu is a sailor who has expertise in the field of the nautika have meet the requirements to carry out Scouting ship.
24. The ship of State is a State-owned ship used by certain government agencies given the functions and authorities in accordance with provisions of laws and regulations to enforce the law and other government duties.
25. The framework of the ship is submerged every ship, ran aground, or stranded and been abandoned.
26. Salvage work is to give aid against the ship and/or charge the ship had an accident or in a State of danger in the water including the lifting framework or underwater obstacles or other objects.
27. Underwater Work is work that is associated with the installation, construction, or ships that carried out under water and/or work under water that is specific, i.e. use of underwater equipment that operated from the surface of the water.
28. Business entity is a State-owned enterprise, region, or legal entity established specifically for Indonesia cruise.
29. The Central Government, hereinafter referred to as the Government is the President of the Republic Indonesia holds the authority the Government of the Republic of Indonesia as stipulated in the Constitution of the Republic of Indonesia in 1945.
30. Local Government is the Governor, bupati/walikota device area, and as an organizer of local governance.
31. The Minister is the Minister of the organizing Affairs of the Government in the field of shipping.
Article 2 this Regulation governing Navigation Aids-cruise-cruise, telecommunications, meteorological services, and the flow of goods, buildings or installations in the waterways, dredging and reclamation, scouting, the skeleton of a ship, salvage and underwater work, kenavigasian, information systems and human resources.

Article 3 Kenavigasian organized to ensure the security and safety of the cruise, pushing a smooth economy activities, marking the limits of the territory in order to safeguard the sovereignty, established the defense and State security, as well as consolidated the unity of the unity of the nation in terms of insight into the archipelago.

Article 4 (1) the Government is responsible for maintaining the safety and security of shipping in kenavigasian.
(2) responsibility in organizing kenavigasian as referred to in subsection (1) include the following: a. flow-cruises;

b. Navigational Aids-cruises;

c. telecommunications-cruises;

d. scouting; and e. the granting of Ministry of meteorology.
Article 5 (1) kenavigasian activities referred to in article 3 are performed by the Minister.
(2) the Minister of the organizing activities of kenavigasian as mentioned in subsection (1) to form the District of navigation.
(3) navigation District as referred to in paragraph (2) function: a. carry out kenavigasian; and b. doing construction and supervision of the portion of the Organization of the kenavigasian implemented by other government agencies and business entities.
CHAPTER II the FLOW of GOODS and article 6 (1) organizing the plot-the cruise was carried out by the Government.
(2) Organizing the Groove cruise-as referred to in subsection (1) includes the planning, construction, operation, maintenance, and monitoring.
(3) a business entity can be included in the development, operation, and maintenance of the Groove-cruise to the special terminals managed by the business entity.
(4) Organizing the Groove cruise-by the business entity as referred to in paragraph (3) was done after obtaining permission from the Minister.
Article 7 (1) Groove cruise-as stipulated in article 6 paragraph (1) includes the following: a. flow-cruise on the sea; and b. the Groove-sailing rivers and lakes.
(2) Flow-cruise at sea as referred to in paragraph (1) letter a consists of: a. flow-public and shipping of goods; and b. the Groove cruise-port entry.
(3) Groove-sailing rivers and lakes as referred to in paragraph (1) letter b consists of: a. the flow-river cruises; and b. the Groove cruise of the Lake.

Article 8 for the Groove-cruise at sea as referred to in article 7 paragraph (1) letter a, the Minister is obligated to establish: a. flow-cruises;

b. system of routes;

c. Traffic Ordinance; and d. areas of the ship in accordance with the significance of labuh.

Article 9 (1) for organizing the flow of rivers and Lakes cruise-as stipulated in article 7 paragraph (1) letter b, the Minister sets out: a. flow-cruises;

b. system of routes;

c. Traffic Ordinance; and d. areas of the ship in accordance with the significance of labuh.
(2) in determining the flow-river cruises and Lake as referred to in paragraph (1) letter a Minister coordinate with agencies that organize the Affairs of the Government in the field of water resource management.
Article 10 (1) Groove-cruise at sea as referred to in article 8 are loaded in the map and user's Guide-Sea cruise.
(2) Flow-sailing rivers and lakes as referred to in article 9 paragraph (1) are loaded in the map of rivers and lakes as well as manual-cruise on the river and the Lake.
Article 11 (1) Groove-cruise on the sea as stipulated in article 8 is announced by the relevant duties and responsibilities in the field of ocean mapping.
(2) Flow-sailing rivers and lakes as referred to in article 9 paragraph (1) was announced by the Minister.
Article 12 (1) Groove-sailing rivers and lakes as referred to in article 9 paragraph (1) are assigned based on the classification consists of: a. flow-cruise class I;

b. Groove-cruise class II; and c. the Groove cruise-class III.
(2) the classification referred to in paragraph (1) is performed based on the criteria: a. the depth of the river;

b. the width of the river; and c. high free space under the building that runs over the river.
Article 13 (1) for the purposes of safety and smooth sailing on certain waters, the Minister set the system referred to in article 8 the letter b which includes: a. dividing traffic schemes at sea;

b. two-way routes;

c. the recommended detour line;

d. water route;

e. areas that should be avoided;

f. inland traffic areas; and g. the area of vigilance.
(2) the determination of the route of the system referred to in subsection (1) is based on: a. flow conditions-cruise; and b. the consideration of traffic density.
(3) the route of the System referred to in subsection (1) must be listed in the map of the sea and sailing directions books and announced by the relevant authorities.
Article 14 (1) Sailors who sailed in the territorial waters of Indonesia is obligated to report the identities and data of their voyage to the Minister through the coastal radio stations.
(2) the report referred to in subsection (1) include the following: a. the static data in the form of the name of the vessel and call sign (call sign), Maritime Mobile Service Identities (MMSI), the weight of the ship, and the length of the ship; and b. the dynamic data in the form of sailing destination with time arrived, the speed, and the bow of the ship.
(3) reporting system referred to in subsection (1) use: a. the automatic identification system (AIS Automatic Identification System/);

b. system of manual communication radio equipment; and c. the system monitoring the movement of the ship over long distances (Long Range Identification and Tracking of Ships/LRIT).
Article 15 (1) Sailors who sailed in the waters of Indonesia in a particular area is obliged to report all the information via radio stations nearby beaches.
(2) specific area referred to in subsection (1) include the following: a. waters flow in Sea Islands of Indonesia;

b. line Traffic Separation Scheme (TSS);

c. the area of Ship to Ship Transfer (STS); and d. a predetermined waters Ship Reporting System (SRS).
(3) the information referred to in subsection (1) include the following: a. the name of the ship, call sign (call sign), Maritime Mobile Service Identities (MMSI), and the International Maritime Organization (IMO) number; b. purpose of the port and the port (the port name and country);

c. the position of ship when conveying information;
Article 16 (1) the Government set the Groove of the Sea Islands of Indonesia and the procedures for its use for the goods which is continuous, direct, and as soon as possible for foreign ships passing through the waters of Indonesia.
(2) the determination of the flow of the Sea Islands of Indonesia as intended in paragraph (1) will be conducted with attention to: a. national resilience;

b. the safety of sailing;

c. the exploration and exploitation of natural resources;

d. a wired network and pipe the seabed;

e. conservation of natural resources and the environment;

f. the routes normally used for international shipping;

g. spatial sea; and h. the authorized international organizations recommendations.
(3) All ships using the flow of the Sea Islands of Indonesia in the voyage should not diverge except in emergencies.
(4) the Minister overseeing the foreign ship traffic traversing the Sea Islands of Indonesia.
(5) the Minister establishes the location of Navigation Aids and telecommunication-cruise-cruise to conduct monitoring against a foreign ship traffic through the Groove of the Sea Islands of Indonesia.
Article 17 in setting Traffic Ordinance referred to in article 8 of the letter c, the Minister must consider: a. flow conditions-cruise;

b. traffic density;

c. size and loaded (draft) of the ship; and d. the weather conditions.

Article 18 Provisions on organizing the Groove cruise at sea and Groove-cruise rivers and lakes as well as the utilization of the Groove of the Ocean Islands Indonesia is governed by regulation of the Minister.

CHAPTER III NAVIGATION AIDS-cruise Part One General article 19 On the Groove-cruise on Sea Navigation Aids placed-cruise.

Article 20-the cruise Navigation Aids consists of: a. the types and functions;

b. requirements and standards;

c. organizing;

d. safety and security zones;

e. damage and barriers;

f. costs of utilization; and g. flow facilities-cruise the river and the Lake.

The second part is the type and Function of article 21 (1) types of Navigation Aids-cruise consists of: a. visual;

b. electronic; and c. audible.
(2) Navigation Aids-Cruises serve to: a. determine the position and/or bow;

b. notify the existence of danger/cruise hurdles;

c. show the plot boundaries-a safe voyage;

d. mark the dividing line ship traffic;

e. indicate the area and/or specific activities in the waters; and f. a country's borders.
The Visual section 22 as stipulated in article 9 paragraph (1) letter a include: a. the flare Tower;

b. signs flares;

c. buoy beacon; and d. mark day.

Article 23 Electronic as stipulated in article 9 paragraph (1) letter b include: a. Global Positioning System (GPS);

b. Differential Global Position System (DGPS);

c. radar beacon;

d. radio beacons;

e. surveylance radar; and f. medium wave radio beacon.

Article 24 Audible as stipulated in article 9 paragraph (2) Letter c the obligatory Misty area or placed in view of the limited.

The third part of the requirements and standards of Navigation Aids-cruise Article 25 of organization of Navigation Aids-mandatory Cruise meets the requirements and standards of: a. the building or installation to be constructed and/or established around installing Navigation Aids-cruises; and b. the prevention of disorder, protection, and security of the Organization of the Navigation Aids-cruise.
Article 26 on the location of certain buildings or on land or in the water, based on technical considerations, compulsory kenavigasian released and/or utilized for the benefit of the construction of the Navigation Aids-cruise as well as the usage rights granted by the authorized agencies for it.

Article 27 the provisions on the requirements and standards of conduct of the Navigation Aids-Sailing is controlled by a regulation of the Minister.

Part four conduct of the Navigation Aids-cruise Section 28 Conducting Navigation Aids-cruise activities include: a. the planning;

b. procurement;

c. operation;

d. maintenance; and e. the supervision.

Article 29 (1) planning activities as referred to in article 28 a plan include: a. the needs of facilities and infrastructure supporting Navigation Aids-cruises; and b. the activity of operation of Navigation Aids-cruise.
(2) Planning as mentioned in subsection (1), consisting of: a. the long term, for a period of 15 (fifteen) years up to 20 (twenty) years;
b. the medium-term, for a period of 10 (ten) years up to 15 (fifteen) years; and c. short term, for a period of 5 (five) years up to 10 (ten) years.
Article 30 (1) the procurement of Navigation Aids-cruise as stipulated in article 28 of the letter b in the Groove-public ports and waterways cruise undertaken by the Minister.
(2) the procurement of Navigation Aids-cruise referred to in subsection (1) for the specific interests and specific locations can be done by business entities having obtained the permission of the Minister.
(3) the procurement of Navigation Aids-cruise to the benefit of businesses conducted by the business entity.
Article 31 of the navigation Aids-pengadaannya cruise undertaken by the business entity as referred to in article 30 paragraph (2) and paragraph (3) must meet the requirements and standards referred to in Article 25.

Article 32 (1) the consent of the Minister as stipulated in article 30 paragraph (2) is given after fulfilling the requirements: a. Administration; and b. technical.
(2) Administrative Requirements as referred to in paragraph (1) letter a include: a. Statute of the company;

b. number of tax payer;

c. the business license of the authorized agencies;

d. proof of land ownership;
e. determination of the location of the terminal specifically for Navigation Aids-cruise to be placed in a special terminal; f. permission for dredging dredging activities;

g. underwater work permits or salvage; and h. the recommendations of local navigation district related to technical aspects.

(3) the technical requirements referred to in paragraph (1) letter b include: a. a map depicting the boundaries of the area of land and waters come points of geographical coordinates; b. hydrographic survey results, tidal conditions, and current strength;

c. the layout of the pier;

d. dimensions of the ship going out and in; and/or e. Port master plan for ports that were in the area of the working environment and the environmental interests of the port.
Article 33 (1) the Minister, in writing within fourteen (14) working days since the application was received in full, the issued permit procurement of Navigation Aids-cruise to an applicant who meets the requirements referred to in Article 32.
(2) the business entity as referred to in article 30 paragraph (2) and paragraph (3) mandatory: a. maintains and treating Aids of navigation-cruise;
b. ensure the reliability of Navigation Aids-Sailing with the established standards; and c. report to the Minister on the operation of the Navigation Aids-cruise.
Article 34 (1) the activities of the operations referred to in Article 28 of the letter c covers: a. the distance settings view;

b. characteristics of the lamp;

c. color lights; and d. the form or type of Navigation Aids-cruise.
(2) Setting the distance looks as intended in paragraph (1) letter a include: a. the type of Navigation Aids-cruises; and b. factor coefficients of tropical and subtropical.
(3) Setting the characteristics of the lamps referred to in paragraph (1) letter b include: a. the rhythm or the period of light; and b. the location or specific areas. Setting the color of the lights referred to in paragraph (2) Letter c covers: a. type of navigation hazards; and b. the shape or figure.
(4) Setting the form or type of Navigation Aids-cruise as referred to in paragraph (1) letter d include: a. location or specific areas; and b. the depth of the water.

Article 35 (1) maintenance activities as referred to in article 28 and the letter d include: a. treatment; and b. the repair. (1) Treatment as referred to in paragraph (1) letter a include the following activities: a. the painting of Navigational Aids-cruises;

b. clean the Navigation Aids-cruises;

c. adjust the rhythm of lights;

d. checking and replacement of the power supply; and e. checking the position of the Navigation Aids-cruise. (2) the improvements referred to in paragraph (1) letter b include the following activities: a. replacement bulbs and flasher;

b. replacement of the structure of the Tower;

c. replacement fender flare buoy;

d. replacement of system anchoring buoys beacons; and e. sign replacement top.
Article 36 (1) the maintenance activities as referred to in article 35 paragraph (1) is carried out at regular intervals and at any time. (2) periodic maintenance activities performed every three (3) months.
(3) maintenance activities can be done at any time in the event of damage caused by being struck by boats, theft, or natural events.
Article 37 further Provisions concerning the Organization of the Navigation Aids-cruise and the procedures for the issuance of the permit procurement of Navigation Aids-cruise by the business entity is controlled by a regulation of the Minister.

The fifth part of the security zone and the safety of Navigation Aids-cruise Article 38 (1) safety and Security Zone as referred to in article 20 d aims to ensure the security and safety of Navigation Aids-cruise around the building or installation Aids Navigation-cruise. (2) safety and Security Zone as referred to in paragraph (1) function: a. as a safety limit of construction; and b. protecting Navigation Aids-cruises from other means of interference. (3) safety and Security Zone as referred to in paragraph (2) consists of: a. the forbidden zone on the area of 500 (five hundred) meters from the outer side of the installation or Navigational Aids building-cruises; and b. the zone of limited area 1,250 (one thousand two hundred fifty) meters from the outer side of the forbidden zone or 1,750 (one thousand seven hundred fifty) meters from the outermost point of the installation or Navigational Aids building-cruise.
(4) On the forbidden zone as referred to in paragraph (2) letter a prohibited building installation or other building.
(5) restricted zone as referred to in paragraph (1) letter b can do the installation or construction of other buildings with conditions not to interfere with the function and system of Navigational Aids-cruise after obtaining permission from the Minister.
Article 39 the zone of security and safety as stipulated in article 38 paragraph (1) must meet the requirements: a. the area that will be designated as safety and security zone there are no buildings or plants that can interfere with the function of Navigation Aids-cruises;
b. area of land that will be designated as safety and security zone must be freed from the possession of the other party; and c. the territorial waters that will be designated as safety and security zone there are no buildings and activities that can interfere with the function and system of Navigational Aids-cruise.
Article 40 (1) outside the zone of security and safety of navigation Aids can be crossed by Cruise-ship by keeping a safe distance.
(2) in the security zone and the safety of Navigation Aids-cruise could not be traversed by ships and anchored the anchors except on narrow Groove, River, or Lake that is the width of the plot is less than 500 (five hundred) meters.
(3) a ship that is anchored in a narrow Groove anchor, River, or Lake that is the width of the plot is less than 500 (five hundred) meters as referred to in paragraph (2) is obligated to maintain a safe distance of at least one and a half times the length of the ship.
(4) the State Ship of carrying out maintenance activities and/or Navigation Aids care-cruise may approach Aids Navigation-cruise.
The sixth part of the damage and the barriers to article 41 (1) of the Act which can result in damage and/or barriers on Navigation Aids-cruise can be: a. installing and/or put something on Navigation Aids-cruises;

b. change the Navigation Aids-cruises;

c. damaging, destroying, or cause disability Aids Navigation-cruise;

d. move the Navigation Aids-cruises; and e. a ship docked at the cruise-Navigation Aids.
(2) the actions which resulted in the damage and/or barriers on Navigation Aids-cruise as referred to in paragraph (1) be penalized in accordance with the legislation.
Article 42 (1) the owner and/or operator of the ship due to the operation of their ships cause damage and/or barriers to Navigation Aids-cruise obliged to report to the Minister.
(2) on the basis of the report referred to in subsection (1) the Minister is obliged to broadcast damage and/or barriers to Navigation Aids-cruise to the rest of the ship through radio stations and the beach are included in the News Indonesia Sailors. (3) Broadcasting as mentioned in subsection (2) includes the following: a. the name of the location;

b. types of Navigation Aids-cruises;

c. number List Indonesia Flares;

d. position;

e. period/rhythm (description of the period) and the source of power;

f. light color;

g. distance view;

h. elevation; and i. conditions of Navigation Aids-cruise.
Article 43 (1) the owner and/or operator of the ship responsible for any damage and/or barriers to Navigation Aids-caused by the operation of Cruise ships.
(2) the owner and/or operator of the ship referred to in subsection (1) is obligated to repair or replace Navigation Aids-cruise so the facility can serve again as before.
(3) repair and replacement referred to in subsection (2) is conducted in the longest time limit of sixty (60) calendar days since the damage occurred.
(4) if the time limit of sixty (60) calendar days referred to in subsection (3) the repair or replacement is not performed, the Minister perform the repair or replacement of the navigation Aids-cruise for the costs the owner and/or operator of the ship.
The seventh part of the cost of utilization of the navigation Aids-cruise Section 44 (1) a Ship sailing in the waters of Indonesia charged utilization of Navigation Aids-cruise which is Not State Tax Receipts.
(2) the cost of utilization of the navigation Aids-cruise as referred to in paragraph (1) is charged by the Minister at the time the ship arrived at the port or terminal.
(3) the cost of utilization of the navigation Aids-cruise referred to in subsection (1) is not subject to: a. the ships of war;

b. the ship of State;

c. hospital ships;
d. a ship entering a harbor specifically for the purposes of the ship or seek help succour of the human soul; e. ship sailing to experiment; and f. a private ship do the task of Government.
(3) the provisions concerning the type and charge rate of utilization of the navigation Aids-cruise as referred to in paragraph (1) and paragraph (2) is set by government regulations.
CHAPTER IV FACILITIES-GROOVE CRUISE RIVERS and LAKES of article 45 (1) to ensure the safety, security, public order, and smooth traffic and transport in the Groove-cruise rivers and lakes offer a mandatory plot-cruise.
(2) flow Facility-Lake and river cruises as referred to in paragraph (1) may include: a. outdoor transfer ships (ship lock);

b. groove depth regulator dam (barrage navigation);

c. building bearing the ship (ship lift);

d. the Canal;

e. signs;

f. post supervision;

g. stops;

h. note taker scale high water;

i. building anchoring the flow;

j. building current regulator;

k. ground retaining walls/the river bank; and b. the holding pond mud.
Article 46

(1) planning, procurement, installation, construction, and maintenance of the facilities the Groove cruise-as stipulated in article 45 paragraph (2) is obligated to comply with the Groove cruise-class and limit the administration area.
(2) planning, procurement, installation, construction, and maintenance of the facilities the Groove cruise-as referred to in subsection (1) is carried out by the Government, the Government of the province, or district/city governments in accordance with those powers.
(3) the Government, provincial government, or district/city governments in accordance with those powers in carrying out the construction of the Groove cruise-as referred to in paragraph (2) may, in cooperation with business entities.
Article 47 (1) transport Vessel Lake and river sailing using the facilities as stipulated in article 45 paragraph (2) letter a, letter b, letter c, letter d and cost utilization as Acceptance of State rather than a tax or Levy area.
(2) the Government, provincial government, and the Government district/city to conduct surveillance against the proper functioning of the facilities of the Groove-cruise.
Article 48 (1) of the Act which can result in damage and/or barriers facilities-cruise the Groove can be: a. installing and/or put something on facilities the Groove cruise rivers and Lakes; b. the changing the Groove facilities-cruise rivers and Lakes;
c. damaging, destroying, or inflicting handicap facilities-Groove cruise rivers and Lakes; d. move the flow facilities-cruise rivers and Lakes; and e. tether boat cruise-flow facilities at Lakes and rivers.
(2) the Act which can result in damage and/or barriers on flow facilities-cruise rivers and Lakes be penalized in accordance with the legislation.
Article 49 (1) the owner and/or operator of the ship responsible for any damage and/or cruise-flow facilities barrier Lakes and rivers caused by the operation of their ships.
(2) the responsibility of the owner and/or operator of the ship referred to in subsection (1) in the form of an obligation to promptly repair or replace the Groove cruise rivers and Lakes so that the facility can serve again as before.
(3) repair and replacement as referred to in paragraph (2) was performed in the limit within 14 (fourteen) calendar days since the damage occurred.
(4) if within the time limit of 14 (fourteen) calendar days referred to in subsection (3) the repair or replacement is not performed, the Minister perform the repair or replacement of facilities-Groove cruise rivers and lakes with the fees charged to the owner and/or operator of the ship.
Article 50 further Provisions regarding the planning, procurement, installation, construction, and maintenance of the facilities of the Groove-cruise the river and lakes and pengawasannya is controlled by a regulation of the Minister.

Chapter V TELECOMMUNICATIONS-cruise Part One General Article 51 On the Groove cruise-held Telecommunications system-the cruise.

Article 52 the telecommunications-cruise consists of: a. means, types, and functions;

b. requirements and standards;

c. organizing;

d. safety and security zones;

e. damage and barriers;

f. costs of utilization; and g. the Ministry of communication mean, communication and safety, as well as the immediate requirements of the sign of the time standard.
The second part Means, type, and function of article 53 of the telecommunications Means Cruise consists of: a. the coast radio station; and b. the National Data Centre (NDC) for Long Range Identification and Tracking of Ships (LRIT).
Article 54 (1) of a type of Telecommunication-cruise consists of: a. the 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) letter a serve to: a. notification of disaster mean (alerting);

b. communication for SAR coordination;

c. communications at the location of the accident;

d. Mark to facilitate the determination of the location;

e. notice of information concerning safety of the cruise;

f. public radio communication; and g. communication between the bridge of the ship.
(3) a Vessel Traffic Service (VTS) as referred to in paragraph (1) letter b serve to: a. monitoring the traffic of cruise and cruise traffic flow;

b. improving the safety of shipping traffic;

c. improving efficiency to navigate;

d. environmental protection;

e. observation, detection, and tracking of ships in the territorial scope of the VTS;

f. public information arrangements;

g. specific information arrangements; and h. help ships that require special assistance.
(4) a Ship Reporting System (SRS) as referred to in paragraph (2) Letter c serve to: a. provide the information up to date over the movement of the ship;

b. reduce the interval of time in contact with the ship;
c. determine the location quickly, when the ship is in danger of unknown position; and d. increase the safety and security of life and property at sea.
(5) Long Range Identification and Tracking of Ships (LRIT) as referred to in paragraph (1) letter d serve to: a. detecting ships early;
b. monitor the movement of the ship, so if there's anything a misfortune can be taken action or anticipated; and c. assist in SAR operations.
The third part of the requirements and standards of telecommunications equipment-Shipping Telecom holding of 55 Article-mandatory Cruise meets the requirements and standards of: a. the building or installation to be constructed and founded around the telecommunications installation-cruises; and b. the prevention of disorder, protection, and security is Telecommunications-Organization of the Voyage.
Article 56 on the location of certain buildings or on land and in the waters of the technical considerations based on a compulsory kenavigasian released and/or utilized for the benefit of the development of telecommunications-cruise as well as the usage rights granted by the authorized agencies for it.

Article 57 further Provisions concerning the requirements and standards of conduct of the Telecommunications-cruise arranged by ministerial regulation.

The fourth part of organizing Telecom-Telecom holding of 58 Article Cruise-cruise activities include: a. the planning;

b. procurement;

c. operation;

d. maintenance; and e. the supervision.

Article 59 (1) planning activities as referred to in article 58 the letter a include: a. the plan needs and infrastructure supporting Telecommunications-cruises; and b. activities the operation of Telecommunications-cruise. (2) the planning period referred to in subsection (1) include the following: a. the long run IE on top of 15 (fifteen) years up to 20 (twenty) years;
b. medium-term i.e. above 10 (ten) years up to 15 (fifteen) years; and c. short term that is in the top 5 (five) years up to 10 (ten) years.
Article 60 (1) of the telecommunications procurement Activities – Cruises as stipulated in article 58 the letter b is placed in the Groove-cruise and at public port waters conducted by the Minister.
(2) Telecommunications procurement Activities – Cruises as stipulated in article 58 of the letter b for specific interests and in specific locations can be done by business entities having obtained the permission of the Minister.
(3) the procurement of Telecommunication-cruise undertaken by the business entity as referred to in paragraph (2) includes the following: a. the coast radio station; and b. the station Vessel Traffic Services (VTS).
Article 61 (1) activities of Telecommunications procurement-cruise to the benefit of businesses conducted by the business entity.
(2) Telecommunications-cruise pengadaannya conducted by the business entity must meet the requirements and standards referred to in Article 55.
Article 62 (1) the consent of the Minister as stipulated in article 60 paragraph (2) is given after the meet the requirements of the administrative and technical.
(2) the requirements for the establishment of coastal radio stations as stipulated in article 60 paragraph (3) the letter a include: a. administrative aspects: 1. the Statute of the company;

2. The number of tax Payer;

3. the company's domicile affidavits;
4. a list of the radio operator would operate come with certificate of expertise; 5. business license of the authorized agencies; and 6. affidavits be eligible operations from the Director General of post and telecommunications. b. technical aspects: 1. location plan of the floor plan, with geographical position;

2. installation plans drawing;

3. technical specification of the device is to be installed;
4. using the frequency allocated Office moving cruise on the Medium Frequency Band allocation, High Frequency Band, and the Very High Frequency Band;
5. using the emission beam or A1A to telegraphy, J3E and G3E for telephony, and F1B to call numbers select; and 6. coastal radio stations using the emissivity is equal to or larger one kilowatt between transmitter and receiver so that separated at a distance of at least 5 (five) kilometers.
(3) the terms of the founding stations of the Vessel Traffic Services (VTS) as stipulated in article 60 paragraph (3) the letter b include: a. photocopying permission the establishment of Radio stations Coast;

b. specification of equipment; and c. the survey results include a picture of the location and installation of the Directorate General.
Article 63 (1) the Minister issuing the permit procurement of Telecommunications-cruise which meets the requirements referred to in Article 62 paragraph (2) and paragraph (3) within a period of 14 (fourteen) days of work since the complete application is received. (2) the business entity as referred to in article 60 paragraph (2) is required: a. maintaining and caring for Telecommunications-cruises;

b. ensure the reliability of Telekomunikasi-cruise with the established standards; and c. report to the Minister on the operation of Telecommunications-cruise.
Article 64

(1) the procurement of station Vessel Traffic Services (VTS) are held by a business entity as referred to in article 60 paragraph (3) the letter b in the form of the 56th Vessel Traffic Services (VTS) in a location that is not yet served by a system of Vessel Traffic Services (VTS) Government, is one of the network system of Vessel Traffic Services (VTS) and operated in cooperation with the operator of telecommunication services unit-local Shipping.
(2) the procurement of station Vessel Traffic Services (VTS) at a location referred to in subsection (1) is the location where the cruise traffic very dense and has a very high kenavigasian danger.
Article 65 (1) the activities of the operation referred to in Article 58 of the letter c covers: a. keep your Office assignment;

b. schedule of broadcast time; and c. maintain reliability.
(2) the arrangements concerning the determination of the guard service as referred to in paragraph (1) letter a form of guard duty.
(3) the arrangements regarding the time schedule the broadcast as intended in paragraph (1) letter b include: a. keep listen at each frequency; and b. the broadcast news mean, safety, security, and the standard time.
(3) Setting about keeping reliability as referred to in paragraph (1) the letter c in the form of keep the functioning of the coastal radio stations.
Article 66 (1) maintenance activities as referred to in article 58 the letter d include: a. treatment; and b. the repair.
(2) maintenance Activities as referred to in paragraph (1) letter a include: a. cleaning of dust;

b. checking the power supply;

c. the calibration of equipment;

d. checking panels;

e. maintain the temperature of the room in order to remain stable; and f. updating software. (3) the activities of an improvement referred to in subsection (1) letter b include: a. replacement of spare units and spare parts; and b. equipment replacement.
Article 67 the Oversight Activities referred to in Article 58 of the letter e in the form of monitoring that is conducted continuously.

Article 68 (1) the Organization of Telecommunications-the cruise was carried out using a network system.
(2) network system as referred to in subsection (1) include the following: a. network security and safety;

b. the central communications network; and c. regional network.
Article 69 (1) security and safety network System as referred to in article 68 paragraph (2) letter a form of communication of radio station Beach, coastal Earth station dedicated to the ship's radio stations and/or otherwise use means the Global Maritime radio Distress and Safety System (GMDSS), Ship Reporting System (SRS), Long Range Identification and Tracking of Ships (LRIT) and the satellites mean about news , safety, security, scouting, news-flow condition, meteorology and interchanges, as well as Navigation Aids-cruise.
(2) the communication centre of the network system as referred to in article 68 paragraph (2) letter b in the form of communication from head office to the District of navigation, Harbour, Port Authorities, and other agencies and/or otherwise information about news, security and safety of the cruise, as well as Navigation Aids database-Telecommunication-means the cruise, Cruises, cruise-Groove, and crossing, the position of the ships and port conditions, using a satellite facility, public phone and radio communications and command center to monitor the ships through satellite channels.
(3) the regional network System as referred to in article 68 paragraph (2) Letter c in the form of communication from the units of the Ministry addressed to the installation of the radio station radio antarstasiun Beach and other beaches, beacon towers and to other related agencies in its area and/or vice versa by using the means of satellites, public telephones, radios, and other systems that are built for it.
Article 70 of the provisions on the Organization of Telecommunications-cruise and ordinances granting the permit procurement of Telecommunications – Cruise by the business entity is controlled by a regulation of the Minister.

The fifth part of the security zone and the safety of Telecommunications-cruise Article 71 (1) safety and Security Zone as referred to in article 52 d aims to ensure the safety of Telecommunications-cruise around the building or installation of telecommunications-cruise.
(2) safety and Security Zone as referred to in paragraph (1) function: a. as a safety limit of construction; and b. protect Telecommunications-cruises from other means of interference.
(3) safety and Security Zone as referred to in paragraph (2) with a radius of 500 (five hundred) metres measured from the outer side of the antenna installation or building Telecommunications-cruise.
(4) safety and security zone as referred to in paragraph (3) it is prohibited to build other buildings or installations.
The sixth part of the damages and Obstacles of article 72 (1) of the Act which can result in damage and/or barriers in telecommunications-cruise can be: a. damaging telecommunication facilities-cruise;

b. cause interference on glow and/or acceptance of telecommunications-cruises;

c. build in security zones and safety Telecommunications-cruises;

d. installing and putting something on telecommunications-cruises; and e. abusing Telecommunications functions-cruise.
(2) the actions which resulted in the damage and/or barriers in telecommunications-cruise as referred to in paragraph (1) be penalized in accordance with the legislation.
The seventh part of the cost of utilization of Telecommunications-cruise Article 73 (1) the Ministry news service moves in the voyage of the ship ashore or vice versa and services news from the ship to other ships through coastal radio station or Coast Earth station, public correspondence service Telecommunications fee-cruise.
(2) the cost of Shipping Telecom-utilization as referred to in subsection (1) constitutes acceptance of the country instead of taxes.
(3) Telecommunications Services-cruise mean news, news of immediately, and news of salvation sailing is not applicable.
Article 74 (1) to the Ministry of telecommunications-cruise, every ship is equipped with radio communication devices and perform general correspondence should point power calculation.
(2) a ship flagged Indonesia which is equipped with radio communication device referred to in subsection (1) must be listed in the power calculation of Indonesia.
(3) calculation and the payment of the cost of utilization of Telecommunications-cruise to the public in the Office of the ship's voyage from moving inland or otherwise resolved through the power of calculation.
Article 75 (1) of the power of calculation referred to in Section 74 subsection (1) may be made by sea transport company or other business entity fields of its business in the field of shipping after obtaining permission from the Minister.
(2) to obtain permission of the power of calculation referred to in subsection (1) must meet the requirements: a. Statute of the company;

b. Number of tax Payer;

c. have experts in the field of radio electronics; and d. a ship registered on the power calculations: 1. at least 5 (five) unit ships for national sea transport companies; or 2. 10 (ten) unit ships for Indonesia's other legal entities.
(2) the Minister publishes a permit power calculation in writing within fourteen (14) working days after the application is received in full. (3) Permit the calculation of power referred to in subsection (3) apply for a period of 2 (two) years and can be extended.

Article 76 the provisions on procedures of granting the permission calculation power is controlled by a regulation of the Minister.

The eighth section of the Ministry of communication Mean, communication and safety, as well as Immediately Broadcast the sign standard time Article 77 (1) mean News, news of immediately, and news broadcast news sign safety and standard time for ships sailing in the waters of Indonesia is widely broadcasted through radio stations and Coast Earth station or coast in telecommunication networks-cruise.
(2) the broadcasting of news mean, news soon, and news broadcasts of news and safety alerts standard time as referred to in paragraph (1) in the order of precedence is obligated to fulfill the following conditions: a. the broadcasting news is carried out as soon as it was received and broadcast repeated periodically 2 (two) times within one (1) hour during quiet time by using the channel broadcasting frequency Band mean international on the Medium Frequency and High Frequency Bands While broadcasting news mean in the Very High Frequency Band is implemented as soon as received; and b. the broadcasting news alerts on schedule implemented standard time Radio station Coast contained in List Of Radio Determination and Special Service Stations using channel broadcasting frequencies in the Medium Frequency Band, Band High Frequency, Very High Frequency Band and.
Article 78 (1) mandatory Shipping Telecom-broadcast news mean, news of immediately, news of salvation, and the broadcast marks the time standard. (2) the broadcasting of the news as referred to in paragraph (1) was carried out in the order of priority as follows: a. call mean, mean, news and traffic mean “ MAYDAY MAYDAY MAYDAY ”;
b. communications that preceded by a “ immediately PAN PAN PAN ”; c. communication was preceded by the sign of salvation (securite);

d. communication concerning radio direction finder;
e. communication with regard to navigation, the safe movement of aircraft engaged in search and rescue operations (SAR);
f. communication regarding navigation, movement and the necessity of ships and aircraft, as well as news of weather observations that are prepared for a Meteorological Department official;
g. radio telegram with regard to the Charter of the United Nations (etat priorite nations); and

h. radio telegram with Government priorities and the Government's priority was preceded by conversation (etat priorite).
Article 79 (1) mean in the News Department of moving cruise ship when in a State broadcast mean and require immediate help.
(2) the service of moving cruise as referred to in paragraph (1), must perform the duties of the guard heard on mean frequency.
(3) radio station Coast Earth station and/or the beach, must broadcast news mean that includes: a. the repeated broadcasting of news mean the ship received through the system of digital selective calling (DSC) Global Maritime Distress and Safety System (GMDSS);
b. communication mean “ MAYDAY MAYDAY MAYDAY ” indicate the existence of a moving unit/station or persons in danger and need help immediately; c. communication immediately PAN PAN PAN “ ” include: 1. the information asked for help against a sick person on board; and 2. information requested relief against a person who fell in the sea.
d. communication safety “ SECURITE SECURITE SECURITE ” includes: 1. information about the existence of the shifting position of Navigation Aids-cruises;

2. information about Navigational Aids padamnya-cruises;

3. information about the existence of oil drilling on a position in the Groove-cruises;

4. information about the existence of corals appeared;

5. information about the presence of floating objects that endanger the cruise;

6. information about support search and rescue operations (SAR); and 7. information about reporting the existence of the mysterious ship (phantom ship).
e. sign broadcast standard time is a sign of the times for a steady stream of ships, coastal radio station, and for others who need information and match the right time chronometer.
Article 80 (1) mandatory Skipper mean covers news, news of immediately, and the good news of salvation sailing from surrounding ships and coastal radio stations and Coast Earth station or for the purposes of search, rescue, and safety sailing.
(2) compulsory Skipper mean covers news, news of immediately, and the safety of sailing as referred to in paragraph (1) in the form of: a. land station or mobile station who heard that a station move in mean must transmit a news mean in terms of: 1. when a station in mean in the position of being unable to emit news of danger;
2. If the Captain or person responsible for the vessel, aircraft, or other vehicles that are not in the mean, or the person who is responsible for the ground stations, consider/argue that still more aid is needed; or 3. If the ship is not in a position to provide assistance, but the news has not been mean getting help.
b. all stations which hear the sign should be immediately covered/follow it and not make any transmissions which may cause disruption to the news that follows the sign soon;
c. all stations which hear the safety signal has to be heard until they are convinced that salvation is not important to him, and did not make any transmissions which may cause disruption to the security news.
Article 81 (1) every ship that arrived at the station, the port of destination, and will close the hours dinasnya need to: a. inform the nearest coast radio station/local and, where applicable to other stations that normally associated; and b. does not shut down the service until completion of all traffic exchange news that, as long as not contrary to the rules in force in the port.
(2) every ship leaving the harbour must immediately notify the coastal radio stations or stations linked that service stations would reopen all permitted by applicable law, however the station has no fixed office hours, the notification is done when first service stations opened after the departure from the port.
Article 82 (1) the owner, the operator shipmaster, ship, or is obligated to notify the plan of arrival of ships in the Harbour to Harbour by sending a telegram of the radio's captain (master cable) to the Port Authority, the port, the organizer of the Unit or the Harbour through the coastal radio stations with the effluent to sea transport companies or public agencies within 48 (forty-eight) hours before the ship arrives at the port.
(2) notice of arrival of the ship by Captain by sending a telegram of the radio's captain (master cable) as referred to in subsection (1) is submitted to the Harbour via the coast radio station.
(3) notice of arrival of the ship referred to in subsection (2) that has been accepted by the coast radio station was delivered to the Port Authority, the port, the organizer of the Unit or the Harbour and sea transport companies or public agencies by using means of telephone, facsimile, electronic mail (e-mail), radio, and/or ordonan (caraka).
Article 83 (1) mandatory Skipper tells a middle position day (noon positioning) by sending a telegram to air radio and/or communication link from the ship to shore radio station nearby.
(2) a radio Telegram communication and relationships as referred to in paragraph (1) contains the coordinates of the position, the bow of the ship's destination, and the condition of the ship, as well as the condition of the crew on the position of the middle of the day (noon positioning).
(3) radio station coast after receiving notice of the position of the middle of the day referred to in subsection (1) and paragraph (2) forward the news position of noon (noon positioning) to the local Harbour.
Chapter 84 further Provisions concerning the Broadcasting Ordinance mean news, news, news of salvation, and the broadcast marks the time standard set by regulation of the Minister.

CHAPTER VI METEOROLOGICAL SERVICE of Article 85 (1) the Government must provide the service of meteorology at least include the following: a. the giving information about the State of the weather and the sea as well as prakiraannya;

b. the calibration and certification of ship's weather observation equipment; and c. technical guidance to weather observations at sea to a particular ship's crew to support the meteorological input data.
(2) the Meteorological Service referred to in subsection (1) is the marine weather information services and carried out by the meteorological station.
Article 86 (1) marine weather information services referred to in Article 85 paragraph (2) includes the following: a. information weather cruises;

b. port weather information; and c. the specialized weather information.
(2) marine weather Information as referred to in subsection (1) is delivered to the user of the service.
Article 87 Each meteorological station of maritime mandatory cooperation with radio stations local beaches.

Article 88 (1) cruise Weather Information as stipulated in article 86 paragraph (2) letter a form of weather information that contains: a. the presence of Hurricane observations;

b. bad weather;

c. Summary of significant public weather circumstances; and/or d. weather and ocean waves to the territorial waters of Indonesia.
(2) the port Weather Information as stipulated in article 86 paragraph (1) letter b in the form of weather information that contains: a. the presence of Hurricane observations;

b. bad weather;

c. Summary of significant public weather circumstances; and/or d. weather and ocean waves for the area of the port and the surrounding waters.
(3) a special weather Information as stipulated in article 86 paragraph (2) Letter c in the form of daily and weekly weather information in the form of: a. the processed weather data; and/or b. a broadcast weather forecasts for service users who require special services upon request.
Article 89 (1) weather information and weather information cruise ports as referred to in article 86 paragraph (2) letter a and letter b compulsory submitted to: a. Harbour; and b. the ship was cruising through public broadcasting (broadcast) of coastal radio station every day at the time on the set.
(2) a special weather Information as stipulated in article 86 paragraph (2) Letter c can be delivered directly to the users of the service and/or via telecommunications equipment.
Article 90 the calibration and certification of ship's weather observation equipment as referred to in article 85 paragraph (1) letter b is exercised by the Government.

Article 91 technical guidance to weather observations at sea to a particular ship's crew to support the meteorological input data as referred to in article 85 paragraph (1) the letter c in the form of activity: a. awarding guidance of weather observations;
b. dissemination of the importance of the weather for the safety of the cruise to the Captain or officer of meteorologists in the ship;
c. granting instruction book and log books ship weather observations for the purposes; and d. data retrieval ship observations.

CHAPTER VII BUILDING or INSTALLATION in the WATERS of article 92 (1) of the waters can be constructed a building or installation other than for the purposes of plot-cruise.
(2) the building or installation referred to in subsection (1) must be of at least fulfill the requirements: a. placement, pemendaman, and tagging;
b. do not cause damage to the building or installation of Navigation Aids and telecommunication facilities-cruise-cruises; c. pay attention to free spaces in the construction of the bridge;

d. pay attention to the wiring of the sea corridors and pipelines under the sea; and e. be beyond the compulsory waters of pandu.
(3) in addition to requirements as referred to in paragraph (2) the owner of the building or the mandatory installation of putting some money in the bank as security for the costs of replacing the demolition of buildings or installations which are not used again by the owner that the adjustment is set by the Minister.
(4) Build, move and/or dismantling of buildings or installations that are in the waters must have the permission of the Minister.

Article 93 Build, move and/or dismantling of buildings or installations that are on rivers and lakes, must have the permission of the Minister, Governors, or bupati/walikota in accordance with those powers.

Article 94 (1) in every building or installation at sea mandatory Navigation Aids were installed-cruise.
(2) installation of Navigation Aids-cruise referred to in subsection (1) is done by the owner of the building after the approval of the Minister.
(3) the Minister of safety and security zone setting sail on each building or installation.
(4) the location of the building or installation, specifications of the navigation Aids-cruise, and safety and security zone sail announced with lists in the map of the sea and sailing manual as well as radio stations broadcast over the beach. (5) safety and security zone Limits consists of: a. the forbidden zone on the area of 500 (five hundred) meters from the outer side of the installations or buildings; and b. the zone of limited area 1,250 (one thousand two hundred fifty) meters from the outer side of the forbidden zone or 1,750 (one thousand seven hundred fifty) meters from the outermost point of the building.
Article 95 (1) in every building or installation in the flow of rivers and Lakes is mandatory: a. installed certain cruise-flow facilities; and b. set security zones and safety sailing.
(2) installation of flow-cruise facilities referred to in subsection (1) is done by the owner of the building after the approval of the Minister, Governors, or bupati/walikota in accordance with those powers.
(3) the Minister of safety and security zone setting sail on each building or installation.
Article 96 (1) of the buildings or installations that do not meet the conditions referred to in Article 92 paragraph (2) or not used compulsory dismantled.
(2) the dismantling as referred to in subsection (1) is done by the owner of the building or installation of 14 (fourteen) days of work since declared ineligible or not in use anymore.
(3) the dismantling as referred to in paragraph (1) were reported to the Ministry to broadcast over the radio station and the beach are listed in the map of the sea and sailing manual.
(4) in terms of the time period referred to in subsection (2) is exceeded, the Minister doing demolition at the expense of the owner of the building or installation.
Article 97 further Provisions regarding the procedures for the granting of permission to build, move and/or dismantling the building or installation in the waters, and the determination of the zone of security and safety installations or building sailing in waters governed by regulation of the Minister.

CHAPTER VIII the DREDGING and RECLAMATION is considered part of the Dredging of article 98 (1) to establish and maintain a Groove cruise-port outdoor and other interests as well as the work of dredging.
(2) other Interest referred to in subsection (1) include the following: a. the construction of the port;

b. construction of retaining wave;

c. mining; and/or d. other buildings requiring dredging work that may result in disruption of the Groove-cruise.
Article 99 (1) dredging Work referred to in Section 98 subsection (1) is done by companies that have the ability and competence as well as proven by the certificate issued by the relevant authorities.
(2) the implementation of the work of the dredging referred to in subsection (1) meets the mandatory technical requirements.
(3) the technical requirements referred to in subsection (2) includes the following: a. the safety and security of sailing;

b. environmental sustainability;

c. spatial waters; and d. tata special watering to work in rivers and lakes.
(4) the technical requirements of safety and security to sail as intended in paragraph (2) letter a include: a. the design, width of grooves, extensive outdoor, and depth according to the size of ships that will pass through the Groove; b. location of the dredge disposal (dumping area); and c. pay attention to areas of sea cables, pipe installations, building off the coast, the appointment framework of the ship, and other areas that are regulated by the provisions of international or related institutions.
(5) the technical requirements of environmental sustainability as referred to in paragraph (3) the letter b in the form of an environmental feasibility study conducted in accordance with the provisions of the legislation in the field of the environment.
(6) the technical requirements of spatial waters referred to in subsection (3) the letter c in the form of recommendations concerning compliance with the Governor-General and/or the bupati/walikota.
Article 100 dredging Work referred to in Section 98 subsection (1) must have permission from: a. the Minister for the work of dredging in the Groove-cruise and the territorial waters of the main port and the port of Gatherer as well as in territorial waters of terminals;
b. the Governor for the work of dredging in the area of the waters of the sea port of regional feeder; and c. bupati/walikota to dredging work in the area of the waters of the sea port and the port local feeder rivers and lakes.
Article 101 the work of dredging in the Groove-sailing rivers and Lakes must have permission from: a. the Minister for the work of dredging in the Groove-cruise class I;

b. the Governor for the work of dredging in the Groove-cruise class II; and c. the bupati/walikota to dredging work in the Groove-cruise class III.

Article 102 further Provisions regarding the procedures for the granting of the permission set with the dredging work of the Ministerial Regulation.

The second part of the reclamation of article 103 (1) to build ports and terminals located in waters shall be jobs of reclamation.
(2) the reclamation Work as intended in paragraph (1) is done by companies that have the ability and competence as well as proven by the certificate issued by the relevant authorities.
(3) the implementation of the reclamation service referred to in subsection (1) must meet the technical requirements.
(4) the technical requirements referred to in subsection (3) includes the following: a. the suitability with the master plan of the port for the reclamation activities located in the area of the working environment and the environmental interests of the port or public plan spatial districts/cities in question for the special terminal development activities; b. the safety and security of sailing;

c. environmental sustainability; and d. the technical design.
(5) the reclamation Work as intended in paragraph (1) should get permission from: a. the Minister for reclamation work in the area of the waters of the main port and the port of Gatherer as well as in territorial waters of terminals;
b. the Governor for the reclamation work in the area of the waters of the sea port of regional feeder; and c. bupati/walikota to reclamation work in the area of the waters of the sea port, local port and feeder rivers and lakes.
Article 104 a permit as referred to in article 100, article 101, and article 103 paragraph (5) filed by a company that meets the requirements of: a. the shape of legal entities;

b. has a Number of tax Payer;

c. have a company statute passed by the establishments authorized;

d. has a description of the company's domicile;

e. have the dredging and reclamation business license;

f. equipment dredging and reclamation; and g. to have experts in the field of dredging and reclamation.

Article 105 (1) in respect of the implementation of the reclamation carried out in the area of the working environment and the environmental interests of the port then the application for a permit referred to in Article 104 proposed by the authority of the port or Ports to the organizers of the Unit: a. the Minister, on the main port and the port of gatherers as well as in territorial waters of terminals; b. the Governor, on the regional feeder port; and c. the bupati/walikota, local and feeder ports on the port River and Lake.
(2) the permit referred to in subsection (1) is given by the Minister, Governors, or bupati/walikota correspond to those powers after meets the requirements referred to in Article 104.
Article 106 (1) Land reclamation in the results area of the working environment and the environmental interests of the port of rights over land can be appealed by the authority of the port or Port Organizer Unit in accordance with the provisions of the legislation.
(2) the results of the Land reclamation in the territorial waters of terminals can be appealed up land management rights by special terminal Manager in accordance with the provisions of the legislation.
Article 107 further Provisions regarding the procedures for granting the permission of reclamation work is controlled by a regulation of the Minister.

CHAPTER IX SCOUTING Article 108 (1) in the interest of safety, the safety of sailing, maritime environmental protection, as well as smooth traffic in the waters, ports and terminals, certain waters, the Minister establishes the compulsory waters and the waters of pandu pandu is incredible.
(2) the determination of the compulsory waters and the waters of pandu pandu superb as referred to in subsection (1) must meet the criteria: a. factors affecting ships outside the safety of sailing; and b. the factors which affect the safety of the ship is sailing. (3) the criteria of factors outside of the ship which affect the safety of sailing includes: a. the length of the flow of waters;

b. the large number of bends;

c. width Groove waters;

d. obstacles/hazards of navigation in the waters flow;

e. current speed;

f. wind speed;

g. high waves;

h. thickness/density of fog;

i. types of ship overnight; and j. State Aids Navigation-cruise. (4) the criteria the factors affecting the safety of the ships sailing includes: a. the frequency of ship traffic density;

b. the size of ships (gross tonnage, length, and loaded the ship);

c. type of vessel; and d. the type of cargo.
(5) the criteria referred to in paragraph (3) and paragraph (4) was given a weighting value.
Article 109 (1) compulsory Waters pandu as stipulated in article 108 paragraph (1) are classified in: a. compulsory waters pandu class I;


b. mandatory pandu waters class II; and c. the compulsory waters pandu class III.
(2) the Division of the class referred to in subsection (1) is carried out on the basis of the criteria referred to in Article 108 paragraphs (3) and subsection (4).
Article 110 (1) implementation of Scouting in the waters and the waters of pandu pandu mandatory extraordinary as referred to in section 108 subsection (1) must be carried out by officers of pandu.
(2) the officer pandu as mentioned on paragraph (1) must meet the requirements: a. suitably nautika Expert sailors;

b. have experience sailing as Skipper for at least three (3) years;

c. graduate education and training organized by the Government of pandu; and d. a healthier physical and spiritual health as evidenced by the description of government hospitals designated by the Minister.
Article 111 (1) Scouting Services for ships laden with 15 (fifteen) metres or more outside of the waters of the port is carried out by officers of the deep sea Scouts.
(2) the officer may be assigned as officer pandu pandu deep sea after graduating education training deep sea Scouts.
Article 112 (1) in the exercise of Scouting: a. the officer required to provide instructions and pandu description required Sailors or the ship's leader as well as help though the motion of the ship; and b. the Captain or a leader ship should provide a description of the data and characteristics related to sports motion his ship to the wizard.
(2) the officer is obligated to promptly report wizard to find the existence of a shortage when the Harbour requirements kelaiklautan vessels.
Article 113 (1) in the waters designated as compulsory waters of pandu, ship size gross tonnage GT 500 (five hundred Gross Tonnage) or more compulsory guided.
(2) in the specified waters as the waters of the incredible service Scouts Scouting is done at the request of Captain.
Article 114 (1) conducting of Scouting on the compulsory waters pandu as stipulated in article 113 paragraph (1) and on the waters of the incredible pandu as stipulated in article 113 paragraph (2) the Port Authority conducted by the Unit or the organizers.
(2) in the case of the Port Authority or Harbour has not provided the Organizer Unit Services Wizard in the waters of the obligatory pandu pandu and outstanding were in the Groove-cruise and territorial waters of the Harbor, its implementation can be assigned to a business entity that meets the requirements of port after obtaining permission from the Minister.
(3) in the case of the Port Authority or Harbour has not provided the Organizer Unit Services Wizard in the waters of the obligatory pandu pandu and superb in the territorial waters of a special terminal, the management and operation of Scouting can be assigned to a special terminal Manager meets the requirements of having obtained the permission of the Minister.
Article 115 (1) in the case of special terminal Manager referred to in Section 114 subsection (3) does not meet the requirements, the management and operation of Scouting can be assigned to a business entity that meets the requirements of the nearest port after obtaining permission from the Minister. (2) the requirements referred to in subsection (1) include the following: a. provides the clerk of pandu who meets the requirements referred to in Section 110 subsection (2); b. provide AIDS Scouting and infrastructure that meet the requirements; and c. providing services Scouting in accordance with the systems and procedures of service assigned.
Article 116 (1) conducting of Scouting done by the Port Authority and Port Organizers charge Unit in accordance with the provisions of the legislation.
(2) the Organization of Scouting done by the business entity that the magnitude of the charge port specified by port based on the type of business entity, the structure, and the rates set by the Minister.
(3) business entities that manage and operate the port of Scouting is obliged to pay a percentage of the income derived from services of Scouting to the State Treasury as an acceptance of the country instead of taxes.
Article 117 the Scouting Costs as stipulated in article 116 paragraph (1) is not subject to: a. the ships of war; and b. the ship of State that are used for tasks of Government.

Article 118 further Provisions regarding the procedures for the determination of the grade of compulsory waters of pandu, the procedures for the setting of compulsory waters and the waters of pandu pandu outstanding education and training officer, pandu, pandu, and attendant obligation the Organization of Scouting is governed by regulation of the Minister.

CHAPTER X the SKELETON SHIP Article 119 (1) mandatory ship Owners insure their ships.
(2) the insurance of the ship referred to in subsection (1) includes lifting the taxable insurance framework.
(3) the obligation of insuring as referred to in paragraph (1) excluded for: a. the ships of war;

b. the ship of State that are used to perform the tasks of Government;

c. sailing and motor yachts; or d. the motor boat with a gross tonnage of less than GT 35 (thirty-five Gross Tonnage).
Article 120 (1) the owner of the ship and/or the Skipper is obliged to report immediately the skeletons of ships that are in the waters of Indonesia to the Harbour.
(2) on the basis of the report referred to in subsection (1), the Minister set the safety level sailing.
Article 121 (1) in terms of framework ships as referred to in article 120 paragraph (1) the position bothers the safety of sailing, Navigational Aids should be installed-cruise.
(2) the position of the frame of the ship referred to in subsection (1) was announced through radio stations and news Indonesia sailors beach.
(3) the procurement, installation, maintenance, and assumption of the navigation Aids-back Voyage referred to in subsection (1) is the responsibility of the owner of the ship.
(4) position of the skeleton of a ship referred to in subsection (1) that has not been mounted Navigation Aids-cruise ship accidents that resulted in, the owner of the ship's skeleton is obliged to pay compensation to parties who had an accident in accordance with the provisions of the legislation.
Article 122 (1) the owner of the ship is obliged to get rid of the skeleton frame of the ship and/or charge to another place specified by the Minister.
(2) the removal referred to in subsection (1) must be made the longest 180 (one hundred eighty) calendar days since the ship sank.
(3) if within the period referred to in subsection (2), the owner of the ship has yet to carry out the removal of a frame of his ship, the removal of the ship's frame required by the Minister at the expense of the owner of the ship's frame.
(4) the owner of a ship who fails to carry out a framework for the removal of his skeleton within the period referred to in subsection (2) of the accident resulting in the ship, obliged to pay damages to the accident.
Article 123 (1) in case the Government finds the ship and/or charge or on the basis of a report from the community and is not known to the owner, the Government did the announcement of the discovery of the skeleton of a ship and/or charge.
(2) the announcement of the discovery of the skeleton of a ship and/or charge referred to in subsection (1) is carried out as many as three (3) consecutive times in a period of 30 (thirty) calendar days via print and/or electronic.
(3) in terms of the time period referred to in subsection (2) there is no party that recognizes as owner, obliged to be appointed by the Minister and a skeleton ship and/or charge into the possession of the State.
Article 124 for the sake of the safety of the cruise, the former location of skeleton ship that was removed was announced by the Minister through the coastal radio stations and news Mariners Indonesia.

Article 125 further Provisions regarding the procedures for the appointment of a skeleton ship and/or charge is controlled by a regulation of the Minister.

CHAPTER XI of the UNDERWATER WORK and SALVAGE of article 126 (1) activities of the salvage of the ship's frame and/or charge that was wrecked or sunk.
(2) the implementation of the activities referred to in paragraph salvage (1) must meet the technical requirements which include: a. working methods;

b. completeness of the equipment; and c. the workforce.
(3) any implementation activities salvage as mentioned on paragraph (2) must have the permission of the Minister.
Article 127 (1) underwater work Activities can be carried out for the installation of: a. the underwater cable;

b. underwater pipeline; and/or c. buildings or installations.
(2) implementation of underwater work activities referred to in subsection (1) must meet the technical requirements which include: a. working methods;

b. completeness of the equipment; and c. the workforce.
(2) every implementation of underwater work activities referred to in subsection (1) must have the permission of the Minister.
Article 128 (1) activities of the salvage and underwater work as stipulated in article 126 and 127 Article can only be done by a particular business entity established for salvage and underwater work.
(2) the business entity as referred to in paragraph (1) required to have business license.
(3) the business license as referred to in paragraph (2) provided by the Ministers after fulfilling the requirements: a. Administration: 1. the Statute of the company;

2. The number of tax Payer; and 3. domicile affidavits. b. technical: 1. having a certified diver;

2. have at least 1 (one) unit of ships work; and 3. have the equipment to work, at least in the form of equipment, scuba equipment and dive equipment, cut.
(4) the business license as referred to in paragraph (3) are valid for business entities still run its activities and meet the requirements.
Article 129 diver Certificate as referred to in article 128 paragraph (3) the letter b figure 1 is given by the Minister after declared in the education and training of divers.


Article 130 further Provisions regarding the procedures for the implementation of the activities of the salvage and/or underwater work, the procedures for granting permission to salvage effort and/or work underwater, and the education and training of divers is governed by regulation of the Minister.

CHAPTER XII INFORMATION SYSTEM KENAVIGASIAN Article 131 (1) Minister organizes the information system kenavigasian.
(2) the information system kenavigasian as referred to in subsection (1) at least include the following: a. capacity-cruise Navigation Aids;

b. Telecommunications capacity-cruises;

c. conditions and flow of goods;

d. ship the State in the field of kenavigasian;

e. human resources in the field of kenavigasian;

f. conditions of wind, currents, waves, and tides; and g. the obstacles new navigation hazards or cruise either under or above sea level.
(3) kenavigasian information system referred to in subsection (1) is carried out through: a. the collection;

b. processing;

c. penganalisaan;

d. presentation;

e. deployment; and f. the storage of data and information.
(4) in conducting information system kenavigasian as referred to in paragraph (3) may involve the relevant agencies to take advantage of the development of information and communication technology.
Article 132 kenavigasian information system are intended to: a. support operational cruises;

b. improving the service to the community or the public; and c. support the formulation of policies in the field of kenavigasian.

Article 133 the construction and development of the network information system kenavigasian using satellite technology that has been built into the structure of the information system of the cruise.

CHAPTER XIII of the NAVIGATION-AIDS OFFICER of CRUISE and CRUISE-Part I TELECOMMUNICATIONS Officer Navigation Aids-cruise Section 134 (1) the operation and maintenance of navigation Aids-cruise undertaken by officers who meet the requirements.
(2) the requirements referred to in subsection (1) include the following: a. education;

b. skills; and c. health.
(3) the education requirements as referred to in paragraph (2) letter a has the certificate of education and training-cruise Navigation Aids that are issued by the Minister.
(4) the certificate of education and training-cruise Navigation Aids referred to in paragraph (3) consists of: a. the navigation Aids-Foundation level Training; and b. the navigation Aids Training-intermediate level.
(5) the requirements of the skills referred to in paragraph (2) letter b include skills to operate, maintain, and repair equipment Navigation Aids-cruise.
(6) health requirements as referred to in paragraph (2) Letter c covers: a. healthier physical and spiritual as evidenced by healthy affidavits from government hospitals designated by the Minister; and b. non narcotic drugs and illicit drugs as evidenced by information from government hospitals designated by the Minister.
(7) further Provisions concerning the requirements for education, skills and health of the attendants of the navigation Aids-Sailing is controlled by a regulation of the Minister.
The second part of the telecommunications Officers-cruise Section 135 (1) the operation and maintenance of telecommunications-cruise undertaken by officers who meet the requirements. (2) the requirements referred to in subsection (1) include the following: a. education;

b. skills; and c. health.
(3) the education requirements as referred to in paragraph (2) letter a has the certificate of education and training-cruise Telecommunications issued by the Minister.
(4) education and training certificate in Telecommunications as referred to in paragraph (3) consists of: a. the Radio Operator of the Global Maritime Distress and Safety System (GMDSS): 1. Limited Radio Operator Certificate (ORT);

2. the Public Radio Operator Certificate (ORU);

3. Electronic Radio Operator Certificate level II (SRE); and 4. Radio Operator Certificate Is The Electronic Level I (SRE). b. Telecommunication Technician cruise (TTP): 1. TTP level III;

2. TTP level II; and 3. TTP level I. c. Vessel Traffic Service operators: 1. Vessel Traffic Service Basic; and 2. Vessel Traffic Service Advance.
(5) the requirements of the skills referred to in paragraph (2) letter b include skills to operate, maintain, and repair telecommunications equipment-cruise. (6) health requirements as referred to in paragraph (2) Letter c covers: a. healthier physical and spiritual as evidenced by healthy affidavits from government hospitals designated by the Minister; and b. non narcotic drugs and illicit drugs as evidenced by information from government hospitals designated by the Minister.
(7) further Provisions on the requirements for education, skills, health and Telecommunications officers-cruise arranged by ministerial regulation.
Article 136 the operation of equipment and beach radio station radio station ship conducted by officers who have had the lowest certificate certificate of General Radio Operator (ORU).

CHAPTER XIV ADMINISTRATIVE SANCTIONS Article 137 business entities, owners, and/or operator of the ship that does not carry out its obligations and responsibilities as stipulated in article 33 paragraph (2), article 42, paragraph (1) of article 43 paragraph (2), article 49 paragraph (2) of article 63, paragraph (2), article 82 paragraph (1), article 116 paragraph (3), article 119 subsection (1), article 120 paragraph (1), article 121 paragraph (4) Article 122, paragraph (1), or article 122 paragraph (4) is the administrative sanction in the form of: a. a warning;

b. freezing of permissions; or c. the revocation.

Article 138 the Skipper did not report all the information referred to in Article 14 paragraph (1), article 15 paragraph (1), article 80 paragraph (1), article 82 paragraph (1), section 83 subsection (1), section 113 subsection (1), or article 120 paragraph (1) of the administrative penalties in the form of: a. a written warning; or b. the freezing kepelautan certificate.

Article 139 further Provisions concerning the imposition of an administrative sanction procedures governed by regulation of the Minister.

B A B XV CLOSING PROVISIONS Article 140 with the introduction of government regulations, all regulations that are lower than this Government regulations governing the provisions on kenavigasian stated remains valid, as long as it does not conflict or has not been replaced with a new one based on government regulations.

Article 141 With enactment of this Legislation, then the Government Regulation Number 81 in 2000 about Kenavigasian (State Gazette of the Republic of Indonesia Number 160 in 2000, an additional Sheet of the Republic of Indonesia Number 4001) revoked and declared inapplicable.

Article 142 of this Regulation comes into force on 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 January 6, 2010 the PRESIDENT of the REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on January 6, 2010 the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR fnFooter ();