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SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 55, 2008 | (Explanation in Additional State Sheet of the Republic of Indonesia Number 4840) |
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
Number 30 YEAR 2008
ABOUT
HOSTING THE FISHERIES RESEARCH AND DEVELOPMENT
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,,, Menating: that to implement the provisions of
Section 8 paragraph (6) and
Article 56 Act No. 31 of 2004 on Fisheries, need to establish Government Regulation on Hosting of Fisheries Research and Development;
.,, Given: 1. Section 5 of the paragraph (2) of the Basic Law of the Republic of Indonesia Year of 1945;
., 2.
Act No. 31 Year 2004 on Fisheries (State Gazette Indonesia Year 2004 Number 118, Additional State Sheet Number 4433);
DECIDED:
.,, Setting: A GOVERNMENT REGULATION ON THE HOLDING OF RESEARCH AND DEVELOPMENT OF FISHERIES.
BAB I
UMUM PROVISIONS
Section 1
In this Government Regulation, which is referred to by:
., 1. The Research and Development of Fisheries, which is next called Litbang Fisheries, is an activity that includes research and development to support fishing development.
., 2. Research is the activities performed according to the rules and methods of the scientific method to obtain information, data, and information related to the understanding and proof of truth or uncorrectness of assumptions and/or hypotheses in the the field of science and technology and drawing scientific conclusions for the needs of advancement of science and technology.
., 3. Development is the activities of science and technology that aim to leverage the rules and science theory that have proven its truth to improve the functioning, benefits, and application of science and technology that have been There is, or it produces new technology.
., 4. A researcher is a person based on his capacity and ship to play an active role in the drafting of the concept or creation of new knowledge, products, processes, methods, and systems, and the implementation of fishing and development activities.
. .5. Fish are all kinds of organisms that are all over or part of their life cycle in the aquatic environment.
., 6. Fishing is all activities related to the management and utilization of fish resources and its environment ranging from praproduction, production, processing to marketing, which is implemented in a fishing business system.
., 7. Fisheries management is all efforts, including processes integrated in the collection of information, analysis, planning, consulting, decision making, fish resource allocation, and implementation and enforcement of regulations. laws in the field of fisheries, undertaken by governments or other authorities directed to achieve the survival of the biodiversity of the water resources and the agreed objectives.
., 8. Conservation of fish resources is an attempt by protection, preservation, and the utilization of fish resources, including ecosystems, types, and genetics to ensure their existence, availability, and survival by keeping up and improving quality. value and diversity of fish resources.
., 9. Research institutes and fisheries development are institutions that host research activities and/or fisheries development.
., 10. Intellectual property rights, subsequently called HKI, are the right to have legal protection over intellectual property in accordance with the laws.
., 11. Technology is the diversion of the ability to harness and control science and technology between institutions, bodies, or people, both in the domestic environment and from abroad to the country and vice versa.
., 12. The environmental damage of fish resources is a state of the environmental resources of a fish in a particular location of water that has undergone physical, chemical and biological changes, so as not or less functioning as a living place, looking for a meal, Breeding or sheltering fish, as it has been impaired in such a way as a result of a person or a legal entity.
., 13. The central government, later called the Government, is the President of the Republic of Indonesia which holds the power of government of the Republic of Indonesia as referred to in the Basic Law of the Republic of Indonesia in 1945.
., 14. The local government is the governor, the mayor/mayor, and the area's device as an organizer of the local government.
15. The minister is the minister in charge of the fisheries field.
Section 2
The Fisheries R&D aims to:
., a., a. enhancing its independence in the mastery of science and technology in the field of fisheries;
., b. express and understand the potential and problems of fish resources and its environment and develop the fishing and conservation management technologies of fish resources; and
., c. preparing and providing a strong scientific and technological basis to be key in drawing up the management policies and development of fishery efforts to be more effective, efficient, economical, sustainable, and environmentally-friendly as well as possible technologies. appreciate the wisdom of local traditions/culture.
Section 3
.,, (1) In hosting the Fisheries Litbang, the Minister provides the direction and priority order of the Fisheries Litbang program.
.,, (2) The direction and order of priority of the Fisheries Litbang program as referred to in paragraph (1) is based on:
., a., a. the strategic plan of fisheries development; and
B. Government policy associated with the construction of fisheries.
.,, (3) In providing the direction and order of priority of the Fisheries Litbang program as referred to in paragraph (1), the Minister conducted the coordination and the inclusion of Litbang Fisheries with the related parties.
BAB II
THE FISHING LITBANG ACTIVITY
The Kesatu section
Common
Section 4
(1) The Fisheries Litbang Activity includes:
., a., a. fishing base research;
B. the applied fisheries research; and/or
c. experimental development of fishery.
.,, (2) The Activity of Fisheries as referred to in paragraph (1) is organized within the Litbang region of Fisheries.
Section 5
., (1) The basic research of fisheries as referred to in Article 4 paragraph (1) of the letter a is an exploratory and/or experimental research activity to acquire new science as a reference to the applied research of fisheries.
., (2) The new science as referred to in verse (1) can be data and scientific information about the fundamental principles of phenomena or facts as well as the interaction of the two observed in the field of fisheries.
Section 6
aragraph (1) include materials that are due to their nature and/or concentration and/or the number, either directly or indirectly, may contaminate and/or damages the environment of life and/or may endanger the environment, health, human survival as well as other living things.
.,, (3) Biological materials that can be harmful and/or harm as referred to in paragraph (1) include foreign biota which is due to its nature and/or its number, either directly or indirectly, may pollute and/or damage the environment live and/or can endanger the environment oin the letter of the letter include the action of its security;
., c. expert power data that will carry out the R&D, accompanied by a life history and certificate of expertise; and
D. Recommendations and/or captions from an authorized agency.
.,, (3) In terms of the Fisheries Litt will be carried out by the organizers of the foreign-owned litbang, the request for permission as referred to in verse (2) was filed by the organizers of the domestic Fisheries Litbang which became its working partner.
.,, (4) the Minister may approve or reject the permission request as referred to in paragraph (2) at least 15 (fifteen) business days after receiving a complete application file.
.,, (5) Further terms on the terms and terms of the written permission as referred to in paragraph (1), paragraph (2), and paragraph (3) are governed by the Minister ' s regulations.
The Fourth Part
The Ship's Use permissions or
The Foreign-owned Fisheries Litbang Equipment
Section 28
.,, (1) Organizing the Fisheries Litbang which organizes the Fisheries Litbang by using foreign-owned fishing vessels or equipment, it is mandatory to obtain written permission from the Minister.
.,, (2) To obtain the permission as referred to in paragraph (1), the organizer of the Fisheries Litbang must convey the application in writing to the Minister equipped with:
., a., a. Ship's technical data;
B. the technical data of the equipment on board; and
c. ship's crew data.
.,, (3) In terms of the Fisheries Litt will be carried out by the organizers of foreign-owned lites, the request for permission as referred to in verse (2) is submitted by the organizers of the Litbang Fisheries of the Interior as its working partner.
.,, (4) the Minister may approve or reject the permission request as referred to in paragraph (2) at least 15 (fifteen) business days after receiving a complete application file.
.,, (5) Further terms on the terms and terms of the written permission as referred to in paragraph (1), paragraph (2), and paragraph (3) are governed by the Minister ' s regulations.
BAB V
THE RESULTS OF THE FISHERIES LITBANG ACTIVITY
Section 29
.,, (1) The results of the basic research activities of fisheries and applied fisheries research as referred to in Section 5 and Section 6 can be:
., a., a. research results; and
B. Research aside.
(2) The results of the research as referred to in paragraph (1) the letter a, may be:
., a., a. fishery data;
B. fishery information;
c. fisheries biology products; and
D. Fishing technology.
.,, (3) The results of the research side as referred to in paragraph (1) letter b, may be:
., a., a. biota;
B. Certain water; and
c. fishery products.
Section 30
The results of the fishery experimental development activities as referred to in Article 7 may be:
a. industrial products;
B. fisheries policy recommendations; and
c. Engineering product.
Section 31
.,, (1) The results of the Fisheries Litbang were utilized by the Government in the drafting of the fisheries development policy.
.,, (2) The fishery development policy as referred to in paragraph (1) aims to:
., a., a. enhance the life tarf of fishermen, fish processors, and fish power;
B. enhance state acceptance and devisa;
c. encourage expansion and job opportunities;
D. improving the availability and consumption of fish protein sources;
e. enhancing productivity, quality, plus value, and competability;
f. improving the availability of raw materials for the fish processing industry;
., g. achieving the utilization of fish resources, fish-homing land, and optimal fish resource environment;
h. Support for the preservation efforts of fish resources and the land of the fish-homelessness;
i. support the alignment of waterways, coastal and small islands; and
., j. develop science and technology as well as other scientific interests.
Section 32
The results of the Litbang Fisheries obtained in the area of the Litbang of Fisheries are required to be reported by the organizers of the Litbang Fishery in the country to the authorized officials as referred to in Article 26 of the paragraph (2), unless the Litbang The fishery is done in the laboratory.
Section 33
.,, (1) The results of the Fisheries Centipede acquired in the area holding the Litbang of Fisheries are required to be reported by individuals and/or foreign R&D agencies to the Minister and Ministers who are organizing government affairs in the field of research, development, and the application of science and technology.
.,, (2) The results of the Fisheries Litbang as referred to in verse (1) which are data, information, and fishery technology belong together with the organizers of the foreign R&D and the organizers of the domestic Fisheries Litbang as a working partner.
.,, (3) The results of the Fisheries Litbang as referred to in verse (1) which are fishery biological products and research aside to belong with the Government and the organizers of the Interior Litbang Fish as a working partner.
.,, (4) The Minister may take possession of the Litbang of Fisheries as referred to in verse (2) and verse (3) that can compromise the environment and interfere with the stability of the ecosystem, security, and defense at sea.
., (5) Further provisions of joint ownership of the results of the Litbang Fisheries of fisheries biology and research by side results as referred to in verse (3) are governed by the Minister ' s regulations.
Section 34
.,, (1) The fisheries of the Fisheries Litt is open or not confidential, unless the Government states the results are not to be published.
.,, (2) The Statement of Government as referred to in paragraph (1) is issued with consideration if the results of the Litbang of Fisheries known to the general public will result in the disruption of the functioning of the host country, national resources, or Public order.
Section 35
., (1) The results of the non-secret and community-required Litbang of Fisheries, guaranteed the Government to be published and disseminated to support the development of fishery efforts.
.,, (2) The government encouraged the entire organiser of the Litbang Fisheries to carry out the dissemination of the Litbang of Fisheries to the public.
Section 36
.,, (1) Processing and analysis of data and samples of fishery abroad are required first obtaining written permission from the Minister.
.,, (2) Permission as ref the Minister.
.,, (2) To obtain the permission as referred to in paragraph (1) the organizer of the Fisheries Litbang must convey the application in writing to the Minister equipped with:
.,
., a., a. information and/or information about the name of the chemicals and/or explosives and/or the tools and/or buildings to be used, including specifications, quantities, and the nature of the dangers posed clearly;
., b. information and/or information about how the use of the materials and/or tools as referred to erred to in paragraph (1) may be provided if processing and analysis of data and fishery samples cannot be performed in Indonesia.
., (3) The number of samples that can be brought abroad most closely matches the needs of the analysis set in the sample delivery agreement (transfer material aggregent/MTA) between the R&D agencies that perform the Litbang cooperation Fishery.
., (4) Processing and analysis of data and fishery samples as referred to in paragraph (1) must involve Indonesian researchers.
.,, (5) Any person and/or organizer of the Unlawful Fishing Liturges as referred to in paragraph (1) are subject to penalties of fine and possession of data and samples taken by the state.
.,, (6) The provisions of the order and licensing requirements as referred to in paragraph (1) and paragraph (3) are further regulated by the Minister ' s regulations.
ADDITIONAL
STATE SHEET RI
| No. 4840 | (explanation Of State Sheet 2008 Number 55) |
EXPLANATION
Above
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
Number 30 YEAR 2008
ABOUT
ORGANIZING THE RESEARCH AND DEVELOPMENT OF FISHERIES
I. UMUM
.,, In the Law No. 31 Year 2004 Act on Fisheries is set up on several matters related to the research and development of fisheries, i.e. in Article 8 paragraph (5), Article 52, Article 53, Article 54, Article 55, and Section 56.
.,, Section 8 paragraph (5) of the Law No. 31 Year 2004 on Fisheries in essence states that the use of chemicals, biological materials, explosives, tools and/or ways, and/or buildings that can be detrired to and/or are endangering the sustainability Fish resources and their environment are allowed only for research. This provision shows the awareness of the lawmaker, that research is something important, so that it needs to be treated specifically, because it is essentially the use of materials and/or tools and/or the manner and/or buildings that It may harm and/or compromise the preservation of the resources of the fish and its environment is prohibited.
., however, such specificity should be followed by clear rules, especially regarding research subjects, research objects, research sites, and licensing of their uses. Accordingly, Article 8 of the paragraph (6) of the Law No. 31 of 2004 on Fisheries mandates for further provisions regarding chemicals, biological materials, explosives, tools and/or ways, and/or buildings that can adversely affect and/or Endangering the resources of fish and their environment used for research activities is regulated by government regulations.
.,, Article 52 of the 2004 31 Year Act on Fisheries states that the Government regulates, encourages, and/or organizes fisheries research and development to produce the knowledge and technologies needed in The development of fishery efforts to be more effective, efficient, economical, sustainable, and environmentally friendly, and to appreciate the wisdom of local traditions/culture.
.,, Article 53 of the paragraph (1) of the Law No. 31 Year 2004 on Fisheries states that fisheries research and development can be implemented by individuals, colleges, community swadaya institutions, and/or research institutes and Government-owned, and/or private-owned development. Furthermore, in verse (2) it is stated that individuals, colleges, non-governmental organizations, and/or government-owned research and development institutions, and/or private, may cooperate with:
a. Research and development executors;
B. fishing venture;
c. fishery association; and/or
D. Foreign-owned research and development institutions.
., the above provisions indicate that the research and development activities of fisheries are an open event to be undertaken by various parties, which are in the interest of improving science and technology in the world. Fishing field. In addition to its open nature, fishing research and development activities can also be conducted with cooperation between research and development work with other executors, fishery workers, fishery associations, and/or institutions. Foreign research and development. Cooperation between fellow institutes of research and development, both in and abroad needs to be regulated, especially in order to improve efficiency, effectiveness and avoidance of duplication and impact of interest (conflict of interest) Research and development institutions. The cooperation of the research and development of interstate fisheries is often carried out, among other things, in relation to:
., a., a. the characteristics of a fish resource that does not know the country's administrative limits;
., b. demands follow the development of science and technology in the field of fisheries;
c. implementation of the provisions of the international agreement;
., d. the development of consumer demands on security assurance and the quality of fisheries results.
., Furthermore Article 54 of the Law No. 31 of 2004 on Fisheries stated that the results of the study were open to all parties, unless certain research results by the Government were declared not to be published. It is intended that all public parties or people can find out and take advantage of all the results of fisheries research in order to improve their welfare. However, against the results of certain studies, the Government may state not to be published, with certain considerations.
.,, Article 55 paragraph (1) of the Law No. 31 Year 2004 on Fisheries stated that any foreigner conducting fishery research in the fisheries management area of the Republic of Indonesia is required to first obtain the permission of the Government. Verse (2) of this article is essentially stating that research by foreigners and/or foreign legal entities should include Indonesian researchers. While verse (3) this article states that any foreigner who conducts fisheries research in the fisheries management region of the Republic of Indonesia must submit its research results to the Government.
.,, one of the principles in this government regulation is to encourage and protect the research organizers and the development of domestic fisheries. Therefore, domestic fisheries research and development organizers are not required to obtain the permission of the authorized officials, unless research and development are carried out in the high seas, research and development. performed with objects that have unique characteristics, research is done using chemicals, biological materials, explosives, tools and/or ways, and/or buildings that can harm and/or harm the preservation of fish resources and environment, and/or use vessels and research equipment and Foreign development.
., whereas fisheries research conducted by individuals and/or foreign institutions in the fisheries management area of the Republic of Indonesia, administrative areas of provincial governance, district/city, and at the continental shelf Indonesia must be first Formerly obtained permission from the Government. In addition, research conducted by individuals and/or foreign institutions must include Indonesian researchers.
.,, grant such permission, must first obtain technical considerations from the Minister in charge of the fisheries field with regard to:
a. asas benefits and impacts for fisheries;
B. International obligations related to the fisheries field;
., c. synchronize between scientific and technological expediency with the strategic plan of fisheries development; and
., d. Technical eligibility standards and applicable science and technology rules.
.,, in addition to paying attention to those things above, in giving technical considerations the Minister should also pay attention to the principles in cooperation of research and development, among others:
c. The mutually beneficial position equation;
D. not harming thernment regulation comes into effect since the date is set.
In order for everyone to know, order the invitational of this government ordinance with its placement in the Republic of Indonesia State Sheet.
.,, Set in Jakarta
on April 11, 2008
PRESIDENT OF THE REPUBLIC OF INDONESIA,
-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on April 11, 2008
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
ANDI MATTALATTA
Food and Agriculture Organization (FAO), United Nations for Development Programs (UNDP), Indian Ocean Tuna Commission (IOTC), Regional Fisheries Management Organization (RFMO), Inter Govermental Oceanographic Commission (IGOC), South East Asia Fisheries for Development Economic Coordination (SEAFDEC), Consultative Commission on Southern Bluefin Tuna (CCSBT), Overseas Fishery Cooperation Foundation (OFCF), Japan International Cooperation Agency (JICA), and the Australian Centre for International Agricultural Research (ACIAR).
., clear enough.
