Government Regulation Number 30 In 2008

Original Language Title: Peraturan Pemerintah Nomor 30 Tahun 2008

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4ef16f44a0a0ed313231373436.html

MARINE kc!. Development. Research. Fisheries. PP 30-2008 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 55, 2008 (Additional explanation in the State Gazette of the Republic of Indonesia Number 4840) GOVERNMENT REGULATION of the REPUBLIC of INDONESIA number 30 in 2008 ABOUT CONDUCTING FISHERIES RESEARCH and DEVELOPMENT with the GRACE of GOD ALMIGHTY the PRESIDENT of the REPUBLIC of INDONESIA, Considering: that, to implement the provisions of article 8 paragraph (6) and article 56 of the Act Number 31 in 2004 about the fishery, government regulations have to set about Conducting Fisheries Research and development;
.,, Considering: 1. Article 5 paragraph (2) of the Constitution of the Republic of Indonesia in 1945;
., ,2. Act No. 31 of 2004 concerning Fisheries (Gazette of the Republic of Indonesia in 2004, an additional Sheet 118 Number country number 4433);
DECIDED:.,, set: GOVERNMENT REGULATIONS ABOUT CONDUCTING FISHERIES RESEARCH and DEVELOPMENT.
CHAPTER I GENERAL PROVISIONS article 1 In this Regulation, the definition of:.,, 1. The research and development of fisheries, hereinafter called the Fisheries R & D, are activities that includes research and development to support the development of fisheries.
., ,2. Research is an activity that is conducted according to the rules of the scientific method and systematically to obtain the information, data, and information related to understanding and prove the truth or untruth of an assumption and/or hypotheses in the field of science and technology as well as to draw conclusions for the purposes of scientific advances in science and technology.
., ,3. The development is the activity of science and technology that aims to take advantage of the rules and theories of science that has proven the truth to improve functions, benefits, and applications of science and technology who has been there, or generate new technologies.
., ,4. The researcher is someone who is based on its capacity and play an active role in the preparation of the concept or the creation of new knowledge, products, processes, methods, and systems, as well as the implementation of research activities and the development of fisheries.
., ,5. A fish is any kind of organism that all or part of a cycle of his life in the aquatic environment.
., ,6. Fisheries are all activities related to the management and utilization of fish resources and the environment starting from the preproduction, production, processing up to marketing, which is implemented in a system of fishery business.
., ,7. The management of fisheries is all efforts, including an integrated process in information gathering, analysis, planning, consultation, decision-making, allocation of fish resources, and implementation and enforcement of legislation in the field of fisheries, which is done by Government or other authority be directed to achieve the survival of aquatic biological resource productivity and the purpose agreed upon.
., ,8. Fish resource conservation is the protection, preservation, and utilization of fish resources, including ecosystems, species, and genetic to guarantee the existence, availability, and continuous with the maintains and improves the quality of the value and diversity of fish resources.
., ,9. Fisheries research and Development Institute is an institution that conducts research activities and/or the development of fisheries.
., .10. Intellectual property rights, hereinafter called the INTELLECTUAL PROPERTY protections, is a right in law of intellectual property in accordance with the legislation.
.,, 11. Technology transfer is a transfer of the ability of utilizing and mastering science and technology institution, agency, or people, who were in the country as well as in the environment originating from abroad into the country and vice versa.
., 12. Environmental degradation of fish resources is a State of the environment of the fish resources in the waters of a location which has undergone certain changes in physical, biological and chemical, so it's not or less serves as a place of living, feeding, breeding or fish, because the shelter had been disrupted in such a way as a result of any act of a person or legal entity.
., 13. The Central Government, which is hereinafter referred to as the Government, is the President of the Republic of Indonesia that holds the powers of the Government of the Republic of Indonesia as stipulated in the Constitution of the Republic of Indonesia in 1945.
.,, 14. Local Government is the Governor, bupati/walikota device area, and as an organizer of local governance. 15. the Minister is the Minister responsible in the field of fisheries.

Article 2 of the R & D Fisheries aims to:.,, a. increasing self-reliance in the mastery of science and technology in the field of fisheries;
.,, b. reveal and understand the potential and the problems of fish resources and the environment as well as develop technology management of fisheries and the conservation of fish resources; and, c.., prepares and provides a strong scientific base and appropriate technology as key in drawing up the policy on the management and development of fisheries in order to be more effective, efficient, economical, high competitive power, and eco-friendly as well as appreciate the wisdom tradition/culture.
Section 3.,, (1) R & D in Fisheries, the Minister provides direction and order of priority Fisheries R & D program.
.,, (2) the direction and order of priority R & D programs Fisheries as referred to in subsection (1) is based on:.,, a. strategic plan of development of fisheries; and b. Government policies related to the development of fisheries.
.,, (3) in giving direction and order of priority R & D programs Fisheries as referred to in paragraph (1), the Minister do Fisheries R & D coordination and penyerasian with related parties.
CHAPTER II R & D ACTIVITY is considered part of the Common FISHERIES article 4 (1) Fisheries R & D Activities include:.,, a. Basic fisheries research;

b. applied fisheries research; and/or c. development of experimental fisheries.
.,, (2) R & D Activities of fisheries as referred to in paragraph (1) was held in the area of R & D fisheries.
Article 5, (1) basic research fisheries referred to in article 4 paragraph (1) letter a is the exploratory nature of the research activities and/or experimental to acquire new knowledge as a reference for applied research fisheries.
.,, (2) new science as referred to in paragraph (1) may take the form of scientific data and information about the fundamental principles of phenomena or facts as well as the interaction of both the observed in the field of fisheries.
Section 6.,, (1) applied research fisheries referred to in article 4 paragraph (1) letter b is research activities utilizing the results of basic research, and directed fisheries for practical purposes in order to acquire knowledge and technology in the field of fisheries.
.,, (2) knowledge and technology in the field of fisheries as referred to in paragraph (1) may be in the form of practical knowledge and applied technology that can be used directly in the preparation of policy management and the development of fisheries.
Chapter 7.,, (1) the development of experimental fisheries referred to in article 4 paragraph (2) Letter c is systematic activities by using existing knowledge acquired through basic research fisheries and/or aquaculture applied research, to acquire the technology system more effective and efficient and produces excellent products in the field of fisheries.
.,, (2) system technology that more effectively and efficiently as intended in paragraph (1) may include technology that is simple, cheap, affordable, adaptive, and environmentally friendly.
.,, (3) products as referred to in paragraph (1) may include a product that has a high value added, high competitive power, and secure and affordable community-wide consumption.
Article 8 Fisheries R & D organized by using a multidisciplinary approach to science and technology relating to the management of sustainable fisheries resources.

The second part of the R & D organization of the Fisheries Areas article 9 R & D organization of the Fisheries Areas referred to in article 4 paragraph (2) includes the following: a. the area of the management of fisheries of the Republic of Indonesia;

b. the administrative territory of the province, kabupaten/kota;

c. continental shelf Indonesia; and d. the sea.

The third part Providers Fisheries R & D of article 10 (1) Fisheries R & D includes: Organizer, individual, a.;

b. College;

c. non-governmental organizations;

d. r & d institutions belonging to the Government; and/or r & d institution e. private property.
.,, (2) Government-owned R & D Institutions as referred to in paragraph (1) letter d consists of:.,, a. R & D Institute of Fisheries Department;

b. Agency r & d Department;

c. non r & d institutions Department;

d. r & d institutions of local government;

e. r & d institutions of State-owned enterprises; and f. an r & d institution-owned enterprises of the region.
The fourth part of the grammar of Conducting R & D Fisheries article 11 Penyelenggara Fisheries R & D by individuals, NGOs, and/or r & d institutions belonging to the private sector as stipulated in article 10 paragraph (1) letter a, letter c, letter e and featured on applied research and experimental development fisheries fisheries.

Article 12 R & D organization of the Fisheries by the College referred to in article 10 paragraph (1) letter b take precedence on basic research and applied research of fisheries.

Article 13

.,, (1) R & D organization of the Fisheries by Fisheries Department R & D institutions as referred to in article 10 paragraph (2) letter a preferred on applied research and experimental development fisheries fisheries.
.,, (2) Conducting R & D r & d institutions by the Ministry of Fisheries referred to in article 10 paragraph (2) letter b take precedence on the development of experimental fisheries.
.,, (3) Conducting Fisheries R & D r & d institution by a non Department referred to in article 10 paragraph (2) Letter c is featured on basic research applied research fisheries and fisheries.
.,, (4) Conducting Fisheries R & D r & d institutions by local government as stipulated in article 10 paragraph (2) letter d featured on applied research and experimental development fisheries fisheries.
.,, (5) Conducting Fisheries R & D r & d institutions by State-owned enterprises and the area referred to in article 10 paragraph (2) letter e and the letter f take precedence on the development of experimental fisheries.
Article 2 the Organization of Fisheries R & D refers to the standard of the technical feasibility and the rules of science and technology.

Section 3.,, (1) in conducting R & D R & D providers, Fisheries Fisheries referred to in article 10 paragraph (1) may cooperate with:.,, a. implementing r & d;

b. fisheries trade;

c. Fisheries Association; and/or d. r & d institutions are foreign-owned.
.,, (2) R & D cooperation Fisheries as referred to in subsection (1) include the provision of expertise, r & d, technical assisting the provision of funds and means of r & d, education and training and other activities that can accelerate the development of fisheries.
.,, (3) Fisheries R & D cooperation with foreign-owned r & d institutions as referred to in paragraph (1) letter d was implemented based on top:.,, a. mutually beneficial position of the equation;

b. is not detrimental to the national interest;

c. does not conflict with the legislation; and d. solely for peaceful purposes.
Article 16 In organizing R & D R & D providers, any Fisheries Fisheries and/or researcher obligated: a. respect culture and customs prevailing in the local area; and b. pay attention to the sustainability of fish resources and the environment.

Article 17 Fisheries R & D Providers must report their arrival to local officials before carrying out R & D R & D in the area of Fisheries Fisheries.

CHAPTER III USE of chemicals, BIOLOGICAL MATERIALS, explosives, devices and/or WAY, and/or BUILDING that CAN HARM and/or ENDANGER Article 18.,, (1) the use of chemicals, biological materials, and explosives that can harm and/or endanger the sustainability of fish resources and/or the environment are allowed in the implementation of fisheries research all such material is the object of research of fisheries.
.,, (2) chemicals that can harm and/or harm referred to in subsection (1) include materials that due to the nature and/or concentration and/or amount, either directly or indirectly, can pollute and/or damage the environment and/or may harm the environment, health care, the survival of humans and other living beings.
.,, (3) Biological Materials that can harm and/or harm referred to in subsection (1) includes foreign biota because of its nature and/or amount, either directly or indirectly, can pollute and/or damage the environment and/or may harm the environment, health care, the survival of humans and other living beings.
Section 19.,, (1) your use of the tool and/or how and/or building for catching fish and/or the cultivation of fishes that can harm and/or endanger the sustainability of fish resources and/or the environment are permitted along the tool and/or how and/or the building was the object of the Fisheries R & D and/or being of limited use.
.,, (2) Tool fishing and/or the cultivation of fishes that can harm and/or harm referred to in subsection (1) includes all types of tools because of its nature when used can result in damage to the fish resources and/or the environment.
.,, (3) method of catching fish and/or the cultivation of fishes that can harm and/or harm referred to in subsection (1) includes all techniques and/or the method in its application was not paying attention to the sustainability of fish resources and/or the environment.
.,, (4) building for catching fish and/or the cultivation of fishes that can harm and/or harm referred to in subsection (1) include buildings that its placement resulted in disruption of the Groove cruise, streams, irrigation or fishing refuge.
Article 20.,, (1) the use of materials, tools, and/or way, and/or buildings as referred to in article 18 paragraph (1) and article 7 paragraph (1) should be performed by competent experts in their field.
.,, (2) the competent experts as referred to in subsection (1) is a trained workforce and have certificates of expertise according to the characteristics of materials, tools, and/or way, and/or buildings that will be used in the research and development of fisheries.
Clause 21.,, (1) the material referred to in Article 18 paragraph (1) are prohibited from use in conservation areas, the area of aquaculture, and residential areas of dense population.
.,, (2) the tools and/or manner as stipulated in article 19 paragraph (1) are prohibited from use in conservation areas, the area of aquaculture, the flow of the Sea Islands of Indonesia (ALKI), Groove cruise, and irrigation.
.,, (3) Buildings as referred to in article 19 paragraph (1) is placed in the area of conservation, the area of aquaculture, the flow of the Sea Islands of Indonesia (ALKI), Groove cruise, and irrigation.
Article 22 further Provisions regarding the use of chemicals, biological materials, explosives, devices and/or way, and/or buildings as referred to in article 18 paragraph (1) and article 7 paragraph (1) are governed by regulation of the Minister.

CHAPTER IV LICENSING Licensing is considered part of the FISHERIES R & D R & D for the organizers of foreign-owned R & D Article 23.,, (1) individuals and/or foreign-owned r & d institutions that conduct R & D in the area of R & D organization of the Fisheries the fisheries referred to in article 9 of the letter a, letter b, letter c and the obligatory first get permission from the Minister of the organizing Affairs of the Government in the field of research, development and application of science and technology.
.,, (2) the granting of a permit referred to in subsection (1), must be getting a technical consideration of the Minister having regard to:.,, a. basic benefits and impacts to fisheries;

b. international obligations related to the field of fisheries;., c. sync between the benefit of science and technology with the strategic plan of development of fisheries;
.,, d. eligibility rules and technical standards in science and technology; and e. the conditions as referred to in article 15 paragraph (3).
.,, (3) Technical Considerations as referred to in paragraph (2) provided through coordination team established by the Minister of the organizing Affairs of the Government in the field of research, development and application of science and technology.
.,, (4) the provisions concerning the procedures for the granting of technical considerations as referred to in paragraph (2) and paragraph (3) is set by the Minister.
Section 24 individuals and/or foreign-owned r & d institutions in R & D in the area of R & D organization of the Fisheries the fisheries referred to in article 9 of the letter a, letter b, letter c, and must work in partnership with the organizers of domestic Fisheries R & D and includes Indonesia researcher.

The second part of the R & D Licensing Fisheries for Domestic Fisheries R & D Providers Article 25.,, (1) R & D Providers of fisheries in the country which hosts the R & D organization of the R & D area of fisheries in Fisheries referred to in article 9 of the letter a, letter b, letter c, and does not require permission.
.,, (2) R & D Providers of fisheries in the country which hosts the R & D organization of the R & D area of fisheries in Fisheries referred to in article 9 of the letter d mandatory first get written permission from the Minister.
.,, (3) the organizers of domestic Fisheries R & D which organizes R & D R & D organization of the region's fisheries Fishing Fishery R & D with that has unique characteristics, the obligatory first get written permission from the Minister.
.,, (4) further Provisions regarding the procedures and terms of the giving of the written authorization referred to in subsection (2) and paragraph (3) including the Fisheries R & D destinations has unique characteristics, governed more by ministerial regulation.
Article 26.,, (1) the organizers of domestic Fisheries R & D that will do the research and development of fisheries in the region conducting R & D Fisheries must report his return to the competent authority, unless the Fishery R & D carried out in the laboratory. (2) the competent authority referred to in subsection (1) include the following:.,,.,, a. the Minister or a designated officer, for conducting R & D Fisheries outside the 12 nautical miles and/or cross-province;
.,, b. the Governor or a designated officer, for conducting R & D in the area of Fisheries waters above 4 miles up to 12 nautical miles and/or cross-district/city; and, c. the Bupati/walikota or designated officials, for conducting R & D in the area of Fisheries Administration and territorial waters up to 4 nautical miles.
The third part of the licensing of the use of chemicals, Biological Materials, explosives, devices and/or way, and/or building that can harm and/or


Harm article 27.,, (1) R & D Providers Fisheries fisheries research which hosts by using the materials, tools, and/or way, and/or buildings as referred to in article 18 paragraph (1) and/or article 19 paragraph (1), the obligatory first get written permission from the Minister.
.,, (2) to get the permission referred to in subsection (1) Fisheries R & D providers should deliver the petition in writing to the Minister is furnished with:.,,.,, a. information and/or information about the names of chemicals and/or explosives and/or tools and/or buildings that will be used, including specifications, quantities, and the nature of the danger posed in clear;
.,, b. information and/or information on how to use the materials and/or tools referred to in letter a included action pengamanannya;
.,, c. data experts who will carry out r & d, accompanied by a curriculum vitae and certificates of expertise; and d. recommendations and/or the certificate of the authorized agencies.
.,, (3) in the case of fisheries R & D will be done by foreign-owned r & d providers, the application for a permit referred to in paragraph (2) presented by the organizers of domestic Fisheries R & D partners it works.
.,, (4) the Minister may approve or refuse the application for a permit referred to in subsection (2) at least 15 (fifteen) working days after receipt of the complete application file.
.,, (5) further Provisions regarding the procedures and terms of the giving of the written authorization referred to in subsection (1), subsection (2), and subsection (3) is controlled by a regulation of the Minister.
The fourth part of licensing the use of the vessel or equipment R & D foreign-owned Fisheries Article 28.,, (1) R & D Organizer that organizes R & D Fisheries Fisheries using vessels or foreign-owned Fisheries R & D equipment, mandatory first get written permission from the Minister.
.,, (2) to get the permission referred to in subsection (1), the organizer of the Fisheries R & D should deliver the petition in writing to the Minister is furnished with:.,, a. technical data of ships;

b. technical data of the equipment on board; and c. data older ships.
.,, (3) in the case of fisheries R & D will be done by foreign-owned r & d providers, the application for a permit referred to in paragraph (2) presented by the organizers of domestic Fisheries R & D as partners.
.,, (4) the Minister may approve or refuse the application for a permit referred to in subsection (2) at least 15 (fifteen) working days after receipt of the complete application file.
.,, (5) further Provisions regarding the procedures and terms of the giving of the written authorization referred to in subsection (1), subsection (2), and subsection (3) is controlled by a regulation of the Minister.
Chapter V RESULTS of R & D ACTIVITIES of the FISHERIES Chapter 29.,, (1) the results of the activities of basic research applied research fisheries and fisheries as referred to in article 5 and article 6 can be:.,, a. research results; and b. a by-product of research. (2) the results of the research referred to in subsection (1) letter a, can be:.,, a. fisheries data;

b. fisheries information;

c. biological fisheries products; and d. fisheries technology.
.,, (3) the results of the next study referred to in paragraph (1) letter b, can be:.,, a. biota;

b. certain water; and c. fishery products.
Article 30 of the results of the experimental fishery development activities referred to in article 7 may be: a. industrial products;

b. fisheries policy recommendations; and c. engineering products.

Article 31.,, (1) R & D Results Fisheries exploited by the Government in the preparation of fisheries development policy.
.,, (2) fisheries development policy as referred to in paragraph (1) aims to:.,, a. improving the livelihood of fishermen, fish processors, and power pembudi fish;

b. increase the acceptance and foreign countries;

c. encourage expansion and employment opportunities;

d. increase the availability and consumption of fish protein source;

e. improving productivity, quality, added value, and competitiveness;

f. enhancing the availability of raw materials for the processing industry fish;.,, g. achieving utilization of fish resources, fish farms, land and environmental resources optimally fish; h. supporting the preservation of fish resources and fish cultivation of land;

i. support of spatial waters, coasts and small islands; and, j.., develop science and technology as well as other scientific interests.
Section 32 Fisheries R & D Results obtained in the area of conducting mandatory Fisheries R & D reported by the organizers of domestic Fisheries R & D to the competent authority referred to in Article 26 paragraph (2), unless the Fishery R & D carried out in the laboratory.

Article 33,, (1) R & D Fisheries Results obtained in the area of conducting mandatory Fisheries R & D reported by individuals and/or foreign r & d institutions to the Minister and the Minister of the organizing Affairs of the Government in the field of research, development, and application of science and technology.
.,, (2) R & D Results of fisheries as referred to in paragraph (1) in the form of data, information, and technology in fisheries belong together organizers of foreign r & d R & D and organizer of the Fisheries in the country as a partner.
.,, (3) the results of R & D Fisheries as referred to in paragraph (1) in the form of a biological product and a by-product of fisheries research belong together with the Government and the organizers of domestic Fisheries R & D as a partner.
.,, (4) the Minister may take over the ownership of the results of R & D Fisheries as referred to in paragraph (2) and paragraph (3) endangers environmental sustainability and disrupt ecosystem stability, security, and defence at sea.
.,, (5) further Provisions regarding co-ownership over Fisheries R & D results in the form of a biological product and a by-product of research fisheries as referred to in paragraph (3) subject to the regulations of the Minister.
Article 34.,, (1) R & D Results of fisheries are open or not confidential, unless the Government declares the results not to be published.
.,, (2) the Government's Statement referred to in subsection (1) is issued with the consideration in Fisheries R & D results known by the general public will result in the disruption of the function of organizing state, national resources, or public order.
Article 35.,, (1) R & D Results to fisheries that are not confidential and required the community, the Government guaranteed to be published and didiseminasikan to support the development of fisheries.
.,, (2) the Government encourages the whole Fisheries R & D providers to implement Fisheries R & D results dissemination to the public.
Article 36.,, (1) processing and analysis of fisheries data and samples outside the country must be getting written permission from the Minister.
.,, (2) the permit referred to in subsection (1) may be given if the processing and analysis of fisheries data and samples can not be done in Indonesia.
.,, (3) the number of samples that can be brought out of the country most needs analysis which is set in the agreement of delivery sample (material transfer agreement/MTA) between r & d institutions that conduct R & D cooperation fisheries.
.,, (4) processing and analysis of data and samples of the fisheries referred to in paragraph (1) should involve researchers Indonesia.
.,, (5) any person and/or Fisheries R & D providers who violate the provisions as referred to in paragraph (1) be penalized fines as well as ownership of data and samples of diambilalih by the State.
.,, (6) the provisions regarding Ordinances and licensing requirements as referred to in paragraph (1) and paragraph (3) are governed further by regulation of the Minister.
Article 37 the Minister sets out the policy of the exchange of data and information with the organizers of foreign r & d, with the principles for the most utilized for the interests of the nation and the State.

Article 38 Fisheries R & D Results in the form of R & D Fisheries data and information referred to in Article 29 paragraph (2) letter a and letter b and article 33 paragraph (2) managed by data management unit set up by the Minister.

CHAPTER VI PROTECTION of the INTELLECTUAL PROPERTY the RESULTS of R & D FISHERIES Article 39.,, (1) the Government encourage and facilitate R & D providers every Fisheries that generate invention to apply for INTELLECTUAL PROPERTY.
.,, (2) obtained from the INTELLECTUAL PROPERTY organization of Fisheries R & D cooperation in the area of Fisheries R & D organization of Indonesia with foreign partners belong together.
.,, (3) further Provisions regarding ownership, registration, maintenance, and utilization of the INTELLECTUAL PROPERTY referred to in subsection (2) is subject to the agreement of cooperation.
CHAPTER VII MONITORING and CONTROL FISHERIES R & D article 40.,, (1) the Government or a local Government to conduct surveillance and control of the implementation of the R & D activities in accordance with its Fisheries.
.,, (2) the provisions concerning monitoring and control as referred to in subsection (1) is controlled by a regulation of the Minister.
CHAPTER VIII APPRECIATION and PROTECTION of RESEARCHERS Article 41.,, (1) any Fisheries R & D researchers and organizers who did the invention which have an impact on the progress of science and technology as well as the welfare of society, awarded by the Minister.
.,, (2) R & D Providers Fisheries NGOs or private who do high-risk Fisheries R & D for its importance must provide social security, security, and safety to the researchers.

.,, (3) a Government Fisheries R & D Providers who perform high-risk Fisheries R & D for the benefit of the country provide social security, security, and safety to researchers in accordance with the provisions of the legislation.
CHAPTER IX SANCTIONS Article 42.,, (1) any person and/or r & d institution that did the breach of the provision in article 16 article 16 a, letter b, article 21, article 25 paragraph (2), article 25 paragraph (3), article 27 paragraph (1) of article 28, paragraph (1), article 32 or article 33 paragraph (1), subject to administrative sanctions. (2) administrative Sanctions referred to in paragraph (1), can be:.,, a. a written warning/reprimand;

b. temporary suspension of Fishery R & D permissions;

c. revocation Fisheries R & D; and/or d. fines.
Article 43.,, (1) the administrative Sanction in the form of a written reprimand/warning is subject to each person and/or Fisheries R & D providers who violate the provisions referred to in article 16 a, Article 32 or article 33 paragraph (1).
.,, (2) a written reprimand/Warning as referred to in subsection (1) is imposed at most 3 (three) times in succession, each for a period of 1 (one) month.
.,, (3) any person and/or the organizer of the R & D Fisheries referred to in article 16 a, in terms of not fulfilling its obligations after the expiry of a period of warning/reprimand third written as referred to in paragraph (2) penalties:.,,.,, a. R & D activities of its fishery suspended for a period of not longer than one (1) month;
.,, b. permissions revoked if after the expiry of a period of suspension referred to in letter a, does not carry out its obligations.
.,, (4) in addition to the administrative penalties as referred to in paragraph (1), any person and/or R & D providers of fisheries as referred to in article 32 or article 33 paragraph (1), in terms of not fulfilling its obligations after the expiry of a period of warning/reprimand third written as referred to in paragraph (2), is not entitled to access the data results of the R & D unit of the Fisheries management of data as referred to in article 38.
Article 44.,, (1) the administrative Sanction in the form of cessation of the activities of the R & D Fisheries subject to each person and/or Fisheries R & D providers who violate the provisions referred to in article 16 the letter b, article 21, article 25 paragraph (2) and paragraph (3), article 27 paragraph (1) or article 28, paragraph (1).
.,, (2) in addition to the administrative sanction in the form of cessation of the activities of the R & D Fisheries as referred to in paragraph (1) to:.,,.,, a. any person and/or the organizer of the R & D Fisheries referred to in article 16 the letter b, article 21, article 27 paragraph (1) or article 28, paragraph (1), subject to the sanction of fines; and, b.., each person and/or Fisheries R & D providers as stipulated in article 25 paragraph (2) and paragraph (3) penalties of fines and/or the takeover of top R & D results of the Fishery by the Government.
Article 45 a fine as stipulated in article 44 subject to at most 10 (ten) times of the r & d costs incurred and is the acceptance of the State is not the tax (PNBP) are deposited into the State Treasury.

Article 46 the provisions on administrative sanctions in the form of the imposition of the cessation of activities of r & d, R & D results of the takeover of the fishery, and/or sample data and takeover of the fisheries referred to in Article 42, article 43, Article 44, and governed by the Minister after coordinating with the Minister who organized a Government Affairs in the field of research, development, and application of science and technology, as well as other related agencies.

Article 47 the imposition of administrative sanctions in the form of cessation of the activities of r & d, R & D results of the takeover of the fishery, and/or sample data and takeover of the fisheries referred to in Article 42, article 43 and article 44, implemented by not reducing the possibility to question other legal sanctions imposed in accordance with the provisions of the legislation.

CHAPTER X the CLOSING PROVISIONS Article 48 at a time when government regulations apply, all legislation in the field of R & D Fisheries still remains valid along does not conflict with the provisions of this regulation.

Article 49 of this Regulation comes into force from the date specified.

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.

.,, Set in Jakarta on 11 April 2008 The PRESIDENT of the REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on 11 April 2008 the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, STATE GAZETTE SUPPLEMENTARY MATTOANGIN RI No. 4840 (explanation of the 2008 State Gazette Number 55) EXPLANATION for the REGULATION of the GOVERNMENT of the REPUBLIC of INDONESIA number 30 in 2008 ABOUT CONDUCTING FISHERIES RESEARCH and DEVELOPMENT I.. In Act No. 31 of 2004 on Fisheries set a few things related to the research and development of fisheries, namely in article 8 paragraph (5), article 52, article 53, article 54, article 55, and section 56.
., Article 8, paragraph (5) of Act No. 31 of 2004 regarding Fisheries in essence States that the use of chemicals, biological materials, explosives, tools and/or way, and/or building that can harm and/or endanger the sustainability of fish resources and the environment is allowed only for research. This provision shows that there is awareness of the lawmakers, that research is important, so that needs to be treated specially, because basically the use of materials and/or tools and/or methods and/or building that can harm and/or endanger the sustainability of fish resources and the environment are prohibited.
.,, However, the specificity must be followed by clear rules, especially concerning the subject matter of the research, the research object, the location of the research, and licensing its use. Therefore, article 8 paragraph (6) of Act No. 31 of 2004 regarding Fisheries mandate so that further provisions concerning chemicals, biological materials, explosives, tools and/or way, and/or building that can harm and/or endanger the sustainability of fish resources and the environment used for research activities are regulated by government regulations.
.,, Article 52 of the Act Number 31 in 2004 about Fisheries stated that the Government set up, pushing, and/or hosted the fisheries research and development to produce the knowledge and technologies needed in the development of fisheries in order to be more effective, efficient, economical, high competitive power, and eco-friendly, as well as appreciate the wisdom tradition/culture.
Article 53, paragraph (1) Act No. 31 of 2004 regarding Fisheries States that the fisheries research and development can be implemented by individuals, colleges, non-governmental organizations, and/or research and development institutions are government-owned, and/or private. Next on paragraph (2) stated that individuals, universities, NGOs, and/or research and development institutions are government-owned, and/or private can conduct cooperation with: a. implementing research and development;

b. fisheries trade;

c. Fisheries Association; and/or d. research and development institutions are foreign-owned.
.,, The foregoing indicates that the fisheries research and development activity is an activity that is both open to be made by the various parties who have an interest to improve science and technology in the field of fisheries. In addition to its open, fisheries research and development activities can also be done with the cooperation between the commissioning of research and development with other implementers, fisheries, trade in fishery associations, and/or research and development institutions are foreign-owned. Antarsesama cooperation research and development institutions, both in and outside the country need to be regulated, especially in order to improve the efficiency, effectiveness and avoid duplication and conflict of interest (conflict of interest) a fellow of the institution of research and development. Cooperation the implementation of fisheries research and development between countries is often made, inter alia, relate to:.,, a. characteristics of fish resources which the State Administration knew no bounds;
.,, b. demands following the development of science and technology in the field of fisheries; c. implementation of the provisions of the international treaty;.,, d. development of consumer claims against guarantee security and the quality of the results of the fishery.
In the next Article, 54, Act No. 31 of 2004 on Fisheries States that the results of the research are open to all parties, except for certain research results by the Government declared not to be published. It is intended that all of the parties or the general public can identify and exploit all the fishery research results in order to increase their well-being. Nevertheless, against the results of specific studies, the Government can declare not to be made public, with specific consideration.

.,, Article 55 paragraph (1) of Act No. 31 of 2004 regarding Fisheries stated that any foreigners who conduct research in the area of fisheries management of fisheries of the Republic of Indonesia is obliged to first obtain permission from the Government. Paragraph (2) of this article basically States that research by foreigners and/or foreign legal entity must include Indonesia researcher. Whereas subsection (3) of this article states that any foreigner who does research in the area of fisheries management of fisheries of the Republic of Indonesia should submit the results of its research to the Government.
.,, One of the principle in the regulation of this Government is encouraging and protecting the fisheries research and development providers in the country. Therefore, organizers of the research and development of fisheries in the country are not required to obtain a permit from the competent authority, unless the research and development conducted on the high seas, the research and development done by the object has unique characteristics, the study carried out using chemicals, biological materials, explosives, tools and/or way, and/or building that can harm and/or endanger the sustainability of fish resources and the environment , and/or use of the vessel and equipment research and development of foreign-owned.
., Whereas fisheries research conducted by individuals and/or foreign institutions in the area of management of fisheries of the Republic of Indonesia, the administration of the province, kabupaten/kota, and in Indonesia the continental shelf must first obtain permission from the Government. In addition, research conducted by individuals and/or foreign institutions must include Indonesia researcher.
.,, The granting of such permission, must be getting a technical consideration of Ministers responsible in the field of fisheries having regard to: a. the fundamental benefits and impacts to fisheries;

b. international obligations related to the field of fisheries;., c. sync between the benefit of science and technology with the strategic plan of development of fisheries; and, d. the eligibility rules and technical standards in science and technology.
Besides, pay attention to the things mentioned above, in providing technical considerations the Minister should also pay attention to the principles of cooperation in research and development, among others: c. mutually beneficial position of the equation;

d. is not detrimental to the national interest;

e. does not conflict with the legislation; and f. solely for peaceful purposes.
.,, International obligations related to the fishery, among others, the provisions of the Convention-International Convention in the field of fisheries, such as the United Nations Convention On The Law Of The Sea (UNCLOS 1982), Food and Agriculture Organization Code of Conduct for Responsible Fisheries (FAO-CCRF), and the Regional Fisheries Management Organization (RFMO).
The provisions of the Convention, the International Convention-in the fisheries field, among others, set up the general principle of conducting scientific research, as follows: a. executed solely for peaceful purposes;.,, b. using scientific methods and raw, and in ways that comply with international conventions;
.,, c. do not interfere with the interests of other lawful users of the ocean which is governed by international conventions;
.,, d. in accordance with the provisions concerning the protection and preservation of the environment and biodiversity.
., Other obligations, to the person and/or foreign institutions conducting research in the area of fisheries management of fisheries of the Republic of Indonesia is handing over the results to the Government, it is intended that all the research results can be known and exploited by the Government in drafting a national policy.
.,, Moreover, processing and analysis of data and samples of fisheries also prioritized to do domestically. This is intended to avoid or prevent the utilization of data and samples of fisheries by foreign parties uncontrollably. So the processing and analysis of data and samples can only be done outside the country if it cannot be done in Indonesia, and with a limited number of samples.
.,, Taking into account developments in fisheries research and development at the moment and is going to come, then this government regulation regulates the matters relating to the scope of the material include: fisheries research and development activities; the use of chemicals, biological materials, explosives, tools and/or way, and/or building that can harm and/or endanger the sustainability of fish resources and the environment; Licensing fisheries research and development; the results of the research activities and the development of fisheries; protection of intellectual property rights; fisheries research and development results; supervision and control of the fisheries research and development; as well as appreciation and protection of researchers.
., Based on the considerations above, the Government regulation which is the mandate of article 8 paragraph (6) and article 56 of the Act Number 31 in 2004 about the Fishery is expected to be a legal umbrella in conducting fisheries research and development currently and in the future.

II. For the SAKE of ARTICLE ARTICLE article 1, article 2, clear enough, clear enough, article 3, paragraph (1).,, is quite clear. Subsection (2), the letter a, letter b, quite clearly, the definition of "Government policies related to the development of fisheries", among other things, include the policy set by the National Research Council and/or the National Commission in the field of research, the national standards set by the national institutions in the field of standardization, and national planning and policy set by the national agencies in the areas of planning and national development. Paragraph (3), penyerasian, coordination and Fisheries R & D done by the Minister with the related parties, among other things, with the national agency in the field of planning and national development, the Ministry organizes the Affairs of Government in the field of research, development, and application of science and technology; other ministries/agencies; College; local governments; and other stakeholders.

Article 4, article 5, pretty clear., paragraph (1),, is a "nature of exploratory research activities", among other things, an inventory of activities, expeditions, identification, characterization, studies, census, and surveys in the field of fisheries. Subsection (2), clearly Enough, article 6, paragraph (1), the definition of "applied research fisheries", among other design, architecture and construction, modeling, mapping, and studies in the field of fisheries. Subsection (2), clearly Enough, article 7, paragraph (1), the definition of "experimental development fisheries", among other things, an engineering, scaling-up, and technological innovations in the field of fisheries. Paragraph (2).,, is quite clear. Paragraph (3), article 8 is quite clear,.,, is a "multidisciplinary science and technology relating to the management of sustainable fisheries resources", among other things: a. Biology;

b. chemistry;

c. statistics;

d. Ecology;

e. Oceanography;

f. genetics;

g. fish feed and Nutrition Sciences;

h. law;

i. socio-economic;

j. fish health and disease;

k. biodiversity;

b. potential of fish resources;

m. fish population dynamics;

n. biotechnology;

o. pemacuan fish preparations;

p. technology catching fish;

q. the cultivation technology of the fish;

r. environmental conservation technologies;

s. product processing technology;

t. food security;

u.s. engineering tools and containers;

v. feasibility of cultivation of land;

d. the management and conservation of resources x. information technology;

y. biogeography; and z. geomorphology.

Article 9, letter a, the definition of "management of fisheries of the Republic of Indonesia's territory" is the waters of Indonesia, Indonesia exclusive economic zone (ZEEI), rivers, lakes, reservoirs, marshes, and other standing water that can be organised as well as cultivating the land potential fish on the territory of the Republic of Indonesia. Letter, b., the definition of "administrative territory of the province, kabupaten/kota" is stipulated in Act No. 32 of 2004 on local governance. The letters c, a, the definition of "continental shelf Indonesia" is as set forth in article 76 the 1982 UNCLOS has been ratified by law No. 17 of 1985. D., letter, the definition of "sea" is part of the sea that are not included in the territorial sea ZEEI, Indonesia, Indonesia, Islands, waterways and inland waters of Indonesia.

Section 10.,, is quite clear.

Article 11, article 12 is clear enough, clear enough, Article 13, Article 14, pretty clear., technical feasibility, standards and norms in science and technology applicable to referring to standardization of systems prevailing in Indonesia, such as the standardization of an r & d institution, standardization methods r & d, r & d and standardization of the perpetrator.

The standardization of the r & d institution built by the Ministry that organizes the Affairs of Government in the field of research, development, and application of science and technology.

Standardization method of nationwide refers to the Indonesia national standard (SNI), or internationally refers to international standardization system.

The standardization of the perpetrators of the r & d refers to the functional post of coaching system as a functional Office researcher, Office of functional perekayasa a functional machinists, litkayasa, and so on, as well as professional certification applicable to such Standards Of Training, Certification, And Watchkeeping (STCW), hidrografer certification, certification, certification of designers, surveyor certification engineers Indonesia and others.

Article 15, paragraph (1), letter a,.,, is quite clear. The letter b

.,, Is quite clear. The letters c, a, is quite clear. D., letter, the definition of "foreign-owned r & d institutions" including international agencies such as the Food and Agriculture Organization (FAO), the United Nations for Development Programs (UNDP), the 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), the Overseas Fishery Cooperation Foundation (OFCF), Japan International Cooperation Agency (JICA) , and the Australian Centre for International Agricultural Research (ACIAR). Paragraph (2).,, is quite clear. Paragraph (3), article 16 is quite clear,.,, letter a., of, what is meant by "culture and customs" is the culture and customs that is not contrary to national law. The letter b.,, is quite clear, article 17, which is the "local official" is the head of the regional police and the State of the Republic of Indonesia.

Article 18, paragraph (1), the definition of "chemicals", among other things, pesticides, antibiotics, all nuclear, chemical and heavy metal ingredients.

What is meant by "biological material", among other things, bacteria, viruses, and species introduction (piranha, keong mas). Paragraph (2).,, is quite clear. Paragraph (3), it is pretty clear, article 19, paragraph (1), the definition of "limited" is the size, intensity, density placement, density, and frequency of use of the operation of the appliance and/or way, and/or building research as needed, but do not endanger the safety of cruise, fish resources, and the environment as well as human health and safety. Subsection (2),, is a "tool of catching fish and/or the cultivation of fishes that can harm and/or endanger the sustainability of fish resources and/or its environment", among other things, the Tiger trawler capture tool (trawling), capture tool with a size that is too small mesh eyes, tuguk, rumpon that are too tightly, too tightly, Grouper and others. Paragraph (3),, is a "way of catching fish and/or the cultivation of fishes that can harm and/or endanger the sustainability of fish resources and/or its environment", among other things, the use of explosives, poisonous materials, tranquilizer, stun, antibiotics, and others. Subsection (4),, is quite clear.

Article 20, clause 21 is clear enough, clear enough, Article 22, Article 23, clear enough, clear enough, Article 24, Article is quite clear, 25, paragraph (1).,, is quite clear. Paragraph (2).,, is quite clear. Paragraph (3), in the "object of the Fisheries R & D has unique characteristics", among other things, a fish that just exist and/or new-found in Indonesia. Subsection (4), Article 26, is quite clear., paragraph (1), in the "laboratory", among other things, pond, pond, and the like. Paragraph (2).,, is quite clear.

Article 27, paragraph (1).,, is quite clear. Paragraph (2) letter a,,.,, is quite clear. The letter b.,, is quite clear. The letters c, a, is quite clear. D., letter, the definition of "authorized agency" is:.,, a. responsible Ministries in the field of industry, for the acquisition of dangerous chemicals;
.,, b. the responsible Ministries in the area of trade, for the acquisition of dangerous chemicals;
., c., Ministry responsible in the field of the environment, for the use of hazardous chemicals in addition to nuclear materials;
.,, d. national institutions responsible in the field of National Atomic Energy, to regulate the use of nuclear hazardous chemicals;
.,, e. Ministry responsible in the field of health, for the use of chemicals harmful antibiotic; f. State police of the Republic of Indonesia, to the purchase, possession, storage, transport and use of explosives. Paragraph (3), quite obviously, subsection (4),, is quite clear. Subsection (5), Article 28, clear enough, clear enough, Article 29, paragraph (1), letter a, the definition of "research results" is the result of a fisheries research in accordance with the objectives and external research. The letter b.,, is a "by-product of research" is the result of follow-up that has economic value obtained from the fisheries research that is neither a objective and external research. Paragraph (2) letter a,,.,, included in the "fisheries data", among other things, the potential data, production data, consumption data, data area of cultivation, and environmental parameters. The letter b.,, included in "information fishing", among other things, a map of fishing ground, fishing distribution, power support, and waters resources support of land cultivation. The letters c, a, included in the "Biology of fishery products", among other things, the plankton, vaccines, stem, seeds, and probiotics. D., letter, included in the "technology of fisheries", among other things, the technology of capture, cultivation technologies, processing technologies, and others. Paragraph (3).,, letter a., of, included in the "biota", among other things, the cultivation and research results of samples of fish catching results. The letter b.,, is a "water" is water that has certain benefits for life, among other things, sea water inside and water directly from springs. The letters c, a, included in the "fishery products", among other things, processed fish and extract bioaktif materials.

Article 30., letter a., of, included in the "industrial products", among other things: a. food;

b. feed;

c. pharmacy;

d. cosmetics;

e. fertilizers;

f. nutraceutical;

g. textiles; and h. accessories and decoration. The letter b.,, is a "fisheries policy recommendations", among other things: a. the fishery resource management policy;

b. spatial utilization of fisheries policy; and c. empowerment of fishermen, fish resources, pembudi and processing fishery products. The letters c, a, included in the "engineering products", among other things: a. the tool power pembudi fish;

b. fishing tools;

c. fish handling and processing tools;

d. formula feed fish.

e. formula food products and not the food;

f. fish medication formula.

Article 31, Article 32, is quite clear., Delivery reports, referred to in the framework of the preparation of the national fisheries data base for the development and management of sustainable fisheries as well as international obligations related to the fishery.

Article 33, paragraph (1).,, is quite clear. Paragraph (2).,, is quite clear. Paragraph (3), quite obviously, subsection (4),, is a "security and defense at sea", among other things, the data and information on the profile of salinity and other oceanographic data. Subsection (5),, is quite clear.

Article 34, Article is quite clear, 35, subsection (1), in order to optimize R & D results dissemination and publication of the fishery to all walks of life, the Government can use and/or utilize the facilities and infrastructure as well as institutional, including counseling agencies. Subsection (2), Article 36, clear enough, clear enough, Article 37, Article 38, clear enough, clear enough, Article 39, article 40 is quite clear., paragraph (1), monitoring and control, R & D Fisheries intended to observe, browse, and organization of R & D activities and assess the fisheries, use of chemicals, biological materials, explosives, tools and/or way, and/or the building for research interests, the Act which resulted in the contamination and/or damage fish resources and/or the environment and/or human health so as not to violate the provisions of the legislation. Subsection (2), Article 41, clear enough, clear enough, Article 42, Article 43, clear enough, clear enough, Article 44, Article 45, is clear enough, clear enough, Article 46, Article 47, is clear enough, clear enough, Article 48, Article 49, clear enough, clear enough,