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Number 169, Additional Indonesian State Sheet Number 3890) jo. Law No. 40 Year 2003 on the Establishment of East Seram Regency, Seram Regency West and Kepualauan Aru (Sheet Country Republic Of Indonesia In 2003 Number 155, Additional Leaf Republic Of Indonesia Number 4350);
2. Law No. 8 of 1981 on the Law of Penal Events (State Sheet of Indonesia Year 1981 Number 76, Additional Gazette of the Republic of Indonesia Number 32);
3. Act Number 21 Of 1992 On Shipping (sheet Of State Of The Republic Of Indonesia In 1992 Number 98, Additional Sheet Of Republic Of Indonesia Indonesia Number 3493);
4. Act Number 6 of 1996 on Indonesian Waters (State Gazette of 1996 No. 73, Additional Gazette of the Republic of Indonesia Number 3647);
5. Law No. 18 of 1997 on Regional Taxes and Retribution Of The Area (sheet Of State Of The Republic Of Indonesia In 1997 Number 41, Additional Sheet Of State Of Republic Of Indonesia 3685) jo. Law No. 34 of the Year 2000 on the change to the Law of Law No. 18 of 1997 on Regional Tax and Retribution Of The Area (sheet Of State Of The Republic Of Indonesia 2000 Number 246, Additional Gazette Of The Republic Of Indonesia 4048);
6. Law No. 23 of 1997 on the Environmental Management of the Living Environment (state Gazette of the Republic of Indonesia in 1997 No. 3, Additional Gazette of the Republic of Indonesia Number 3839);
Province of the Province of Indonesia Maluku
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7. Law Number 31 Of 2004 On Fisheries (sheet Of State Of The Republic Of Indonesia In 2004 Number 118, Additional Gazette Of The Republic Of Indonesia Number 4433);
8. Law Number 32 Of 2004 On Regional Government (sheet Of State Of The Republic Of Indonesia Year 2004 Number 125, Additional Gazette Republic Indonesia Number 4437), as amended by the Rule of the Government of the Act Number 3 In 2005 On Changes to the Law No. 32 Year 2004 on Local Government (Indonesian Republic of Indonesia Year 2005 Number 38, Additional Gazette of the Republic of Indonesia No. 4493) which had been established with the Law No. 8 of 2005 (State of the Republic of Indonesia in 2005 Number of the Republic of Indonesia) 108, Additional Gazette Republic of Indonesia Number 4548) jo. Law Number 12 Year 2008 on Second Amendment to Invite-invited Number 32 Year 2004 on Regional Governance (Sheet Country Indonesia 2008 No. 59, Additional Gazette Republic of Indonesia Number 4844);
9. Law Number 33 Year 2004 on Financial Balance Between the Central Government and the Local Government (State Gazette Indonesia Year 2004 Number 126, Additional Gazette of the Republic of Indonesia 4438);
10. Law No. 31 Year 2007 on the Establishment of the City of Tual in Maluku Province (Additional Gazette of the Republic of Indonesia in 2007 No. 4747);
11. Act Number 31 of the Year 2008 on the Establishment of Southwest Maluku County in Maluku Province;
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12. Law No. 32 of the Year 2008 on the Establishment of South Buru County in Maluku Province;
13. Government Regulation No. 64 of 1957 on the Surrender of some of the Central Government's Affairs among others in the Sea Fisheries Field to Area I (State Sheet of the Republic of Indonesia in 1957 Number 139, Additional Gazette of the Republic of the Republic of Indonesia) Indonesia Number 1490);
14. Government Regulation No. 15 of 1990, jo. Government Regulation No. 46 of 1993, jo Regulation Government Number 141 of the Year 2000 on the Effort of Fisheries;
15. Government Regulation Number 142 Year 2000 on Tarif Over Types of State Reception Not Taxes Applicable in the Department of Marine and Fisheries;
16. Government Regulation No. 66 of 2001 on Regional Retribution (Indonesian Republic Gazette 2001 Number 119, Additional Gazette Republic Indonesia Number 4139);
17. Government Regulation No. 54 Year 2002 on Fisheries Effort 2002 (Indonesian Republic Of Indonesia Year 2002 Number 100, Additional Gazette Republic of Indonesia Number 4230);
18. Government Regulation No. 58 of 2005 on the Financial Management Of The Area (sheet Of State Of The Republic Of Indonesia In 2005 Number 140, Additional Gazette Of The Republic Of Indonesia Number 4578);
19. Government Regulation No. 38 of 2007 on the Division of Government Affairs Between the Government, Provincial Government, and the Municipal Government/city (Republic of Indonesia States of 2007 Number 82, Additional Gazette of the Republic of Indonesia) Indonesia Number 4737);
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20. Area of the Moluccan Regional Province No. 05 Year 1987 on Investigations of Civil Servers in the Moluccan Regional Government Environment;
21. Maluku Province Regulation No. 03 of 2007 on the Establishment of the Organization and the Working Services of the Province of Maluku Province;
With the Joint Agreement
REPRESENTATIVES OF THE PROVINCIAL PEOPLE ' S REGIONAL COUNCIL MALUKU
AND
GOVERNOR MALUKU
DECIDED:
SET : THE PROVINCIAL REGULATION OF THE PROVINCE OF MALUKU CONCERNING THE FISHERIES PERMIT LEVY.
BAB I
provisions Of UMUM
Article 1 In This Region Regulation referred to:
1. Area is the Region of Maluku Province;
2. The Regional Government is the Head of Regional and Other Autonomous Region Devices as the Regional Executive Board of the Province of Maluku;
3. Regional Head or Governor of Maluku;
4. Service is the Fisheries and Marine Service of the Province of Maluku;
5. The Head of the Service is the Head of the Maluku Province ' s Fisheries and Oceans Service;
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6. Fish is all kinds of fish including fish eggs and all kinds of animals that are in the waters of both sea-sea in land such as lakes, telaga, marshes, rivers and other genations;
7. Other Waters Results are all types of Fisheries that are not included in the item f this section;
8. A Fisheries attempt is all individual businesses or legal entities to capture or cultivate fish, including the activities of collecting, loading, storing, cultivating, cooling, preserving and transporting fish for commercial purposes;
9. The Fisheries Company is a Company established specifically to conduct Fisheries and performed by the Indonesian Legal Agency;
10. A fish capture effort is an activity that aims to acquire the fish is not cultivated with any means or means of any kind of activity that uses ships to load, store, process, cool, preserve and make use of the fish. Transport it for commercial purposes;
11. A fishing effort is an activity that specialized in collecting and or transporting fish by fishing vessels, either by the Fisheries Company and by the Company instead of the Fisheries Company;
12. Fishing is an activity for nurturing, raising and or breeding fish and other types of Fisheries and harvesting the results with any means or means, including storing, cooling, or debugging for the cause of the fish. commercial destination;
13. A fishing vessel is a boat or boat or other buoyating device that is used to make fishing including a survey or exploration of the Fisheries;
14. Fish Carrier is a ship specially used to capture fish including housing, storing, cooling, or preserving;
15. Fishing gear is a means and equipment or other items used to catch fish;
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16. Fishing aids are means and equipment or other objects are used to assist in the efficiency and effectiveness of fishing;
17. The Fish Capture Fleet is a group of fishing boats consisting of the unpalled Fish, Fish-capture and Fish-Transport Ships;
18. A means of production is a Sarana which is used to perform fishing, fish-fishing and other aquatic or aquatic life;
19. Fishing areas are fishing waters as part of the province of Maluku Province as part of Indonesia's territorial waters with a limit of 12 miles down and ground waters such as lakes, telaga, swamps, rivers and puddles. Other water;
20. The Fish Capture Fleet is a group of fishing vessels consisting of unpaled fishing vessels, fishing vessels and fishing vessels;
21. An Effort is a unit of measure by which the Cloud Service can be used for the purpose of the Cloud Service. cultivation and processing; estimation of the benchmark prices for the disservice of equipment, fishing vessels and the purchase capital of fish and other waterworks in order to obtain the Fisheries Effort License;
22. The Fisheries Service (IUP) is a written permit that must be owned by any individual and or legal entity that performs in the field of fisheries, covering the efforts of capture, cultivation, collection/transport and processing of the type. fish and or other fishery types;
23. The Fish Arrest Letter (SPI) is a letter that every Indonesian fishing vessel has to have on fishing activities in the fisheries management area and is an inseparable part of the IUP;
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24. Fishing Vessel and Fish Transport (SIKPPI), a letter that every Indonesian fishing vessel has to have in the Fleet Fish Capture Fleet to carry out fishing and fishing activities used by the effort. Individual and/or legal entities in the field of Fisheries;
25. (SIKPI) (SIKPI), a permit to have any Indonesian flag carrier to carry out fishing activities performed by individual and legal entities in the field of fisheries;
26. A Fisheries Service is a levy on the price of the price of fishery tools, vessels, means of production of other pericanes and or the magnitude of the capital collection/purchase of fish and other fishery products owned by the individual entrepreneurs and or a legal entity upon acquiring the new IUP/SPI/SIKPI and or at the time of extension of SPI/SIKPI;
27. The next object registration letter of the Region (SPORD) is abbreviated as SPORD;
28. Additional Supplemental Area Retribution (optional) (SKRDKBT);
29. The next letter of the Region's Decree of retribution is abbreviated as SKRD;
30. The next Regional Levy letter (STRD) is abbreviated as STRD;
31. A Fisheries Ship inspection is an activity which aims to examine the physical truth of fishing vessels, capture tools and other equipment on the ground to be adapted to the ship's documents;
32. The Technical Team of the Fisheries Service is a team of several technical officers of the Department of Fisheries and Oceans of the Province and the District/City to conduct an examination of the physical fishing vessels in order of a new order. extension of SPI/SIKPI;
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33. The expansion of Fish Capture Effort is the addition of the number of fishing vessels and the addition of types of business activities that have not been listed in the fisheries business permit;
34. The expansion of the cultivation of fishery is the addition of land area or the addition of a type of fishery venture that has not been listed in the fishing permit.
BAB II
NAMES, OBJECTS AND SUBJECTS OF RETRIBUTION
Article 2
With the name of the Fisheries Permissions Attribution of the Fisheries Voting Retribution.
Article 3
The Fisheries Business Permit levy is granted the fishery business permit
Section 4
Subject of the Fisheries Service Exemption Levy is a person or The business entity that obtained the fisheries permit.
BAB III
LEVY AND ORDER MEASURES THE LEVEL OF USE OF SERVICES
Section 5
The Fisheries Business License Retribution is classed as Retribution Certain Permits.
Moluccas Provincial Territory Regulation
10
Section 6
The Subject to Fisheries Permit Levy is an individual or a Legal Body obtained for the Fisheries and type Business Permit Other Perizinan documents to conduct fishery efforts (SPI and SIKPI).
BAB IV
REGION, POLLING AND MEANS OF PAYMENT OF RETRIBUTION
Article 7
The Territory of the Fisheries Permissions Attribution Area is the territory of the Maluku Region.
Article 8
The payment of the Fisheries of Fisheries was carried out at once when the Fisheries permit was taken.
Article 9
The payment of fishery levies as referred to insection 8on top of being tuned to the Regional treasury no later than a twenty-four hour by the objects of the cloud. special recipients.
BAB V
MAGNITUDE LEVY
Article 10 (1) Any issuance of the Fisheries and other licensing documents
to conduct fishery activities in Maluku Province. levied once for the expiration of the permit.
(2) The levies of the results Fishing business is set as follows:
a. The activities of when a small-scale fishing company 1% multiplied by ship's productivity multiplied the benchmark prices of fish and large scale companies 2.5% multiplied the benchmark price of the fish.
b. The fish-homing activity is 1% multiplied by the sale of the whole fish-making fish.
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(3) If there is a number of unaccounted for investments (additional investment) after obtaining new IUP and after registration The previous year could be reckoned the fisheries levy returned by 1%.
(4) The price estimate as referred to in paragraph (1) is performed by the Governor-appointed Appraisal (APPRAISAL).
BAB VI
TYPE, LAYOUT AND LICENSING REQUIREMENTS OF THE FISHERY VENTURE
First
The Kind of Fisheries Effort
Article 11 (1) The type of licensing of fisheries venture includes:
a. Fisheries Effort (IUP);
b. Fish Arrest Letter (SPI);
c. Cargo Ship (SIKPI);
d. Fishing Vessel Permit and Fish Transport (SIKPPI)
(2) Any person or legal entity about to conduct fishery activities in the fisheries management area of Maluku Province is required to have a Fisheries Business License.
Second Section
Tata Cara and Licensing Requirements Section 12
(1) The Fisheries Effort (IUP) is referred to as section 11 of the paragraph (2) obtained by the way the applicant is applying to the The governor of Maluku or the Acting Officer is accompanied by the completeness of the licensing requirements as follows :
a. Business Plan
b. The Establishment acte for the Legal Body or Population Sign Card for the individual effort.
c. NPWP
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d. Technical recommendation of the head of the Kabupaten/ City Department of Fisheries and Oceans.
e. Business License (SITU).
f. Environmental and Environmental Information Studies (PIL) or AMDAL for Cultivation Efforts.
g. Marine Petuanan Contract for Cultivation Efforts.
h. A statement of error pays for the Fisheries of Fisheries in effect.
(2) The Plan of Effort as contemplated by paragraph (1) this section must be filled with clear, correct and complete and stamped and signed by the applicant and its ruler.
(3) The Fisheries Effort Plan submitted by any person or legal entity will be used as a basis for calculating the magnitude of the fisheries levies to be paid.
(4) Any individual or legal entity that has been obtain a Fisheries Business Permit (IUP), before making the mandatory arrest attempt to have A Fish Arrest Letter (SPI) for each ship used in size above 10 GT up to 30 GT and does not use any foreign labor.
(5) The Fish Capture Letter (SPI) as contemplated by paragraph (4) this section may be obtained. by the way of the applicant, apply to the Head of Fisheries and Oceans of the Maluku Province with the completeness of the licensing requirements as follows:
a. Copy of the Fisheries Permissions (IUP);
b. Copy Of The Ship Registration Mark (Grosse Akte);
c. Copy of the Annual Ship/Pas Measurement Letter;
d. Copy of the Certificate of Kelafish and Ship Debuting;
e. The Physical Check Of The Ship (ASLI);
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(6) Any individual or legal entity that has acquired the IUP, prior to the attempted capture and transport of the fish and other waterworks, it is mandatory to have a SIKPPII for any vessel that serves as a carrier that has been listed on the general provision.
(7) The Indonesian Naval Arrest and Transport Transport Letter (SIKPPII) as referred to verse (6) this section may be acquired by means of a paragraph (5) of this section.
(8) Any individual or legal entity that has acquired the IUP, prior to performing fishing and other waterworks, must have a SIKPII for each ship used by no more than 30 GT and Or the engine is powered by no more than 90 horsepower (DK).
(9) The Letter of the Fish Transport Ship (SIKPI) as referred to (8) this section may be obtained by means of a paragraph (5) of this section.
(10) Each Fisheries Ship operating in the waters of the Molucca Province is mandatory Flagged.
(11) Any person or legal entity that conducts fishery efforts in the field of capture, homelessness, collection, transport, storage, and processing/preservation of fish and other types of fishery results with Using the ship, required physical examination of the ship to obtain fishery documents. at the time the new SPI/SIKPI will be published and an extension.
(12) The Head of Fisheries Service of the Maluku Province formed the Technical Team of the Fisheries Ship Examination through the Decree and made the Directive Implementation Of The Fishing Vessels for the The technical team in the execution of the ship's inspection.
(13) The inspection of the Fisheries Service can be carried out against ships of the under 30 GT or above 30 GT except for new construction and/or shrimp trawl. is the central authority limit checked by the Central Team with the help of the Officer The area as an auxiliary team.
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(14) Any person or body of law that wants to conduct fisheries efforts in coastal and marine resources is required to carry out Analysis Regarding Environmental Impact (AMDAL).
(15) coastal and marine resources for conservation and greening areas cannot be permitted for exploitation activities.
Article 13
The rights of the Population Fisheries according to the Adat Law and the customs local recognized as long as not in conflict with the applicable Laws.
Article 14
(1) The Governor or Acting Officer in this case the Head of the Fisheries Service and the Marine issued IUP, SPI and/or SIKPI to the applicant after the request as referred to in section 12 of the paragraph (3) and paragraph (7) meets the requirements and under the terms of the laws applicable with regard to local circumstances and conditions.
(2) Any Fisheries Permit Holder is obliged to heed the fishery rights residents according to the customary law and local customs in accordance with Article 13 of the Regulation.
Article 15
The candidate for the Fisheries Permit holder before conducting the fishery effort must have the building and its office organization which located on one of the places in the Maluku Province region.
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Section 16
(1) The Fisheries Permit Act referred to section 12 paragraph (2) of this Regional Regulation, in effect during the The company still conducts fishery efforts with the mandatory resigning of the fishery business permit every year.
(2) Reregistration of the Fisheries Permit as referred to in paragraph (1) to assess fishery equipment, container, other means of production of fisheries and or the magnitude of the collection capital/purchase of fish and Other fishery results that have not been assessed after acquiring new IUP and or at the time of previous year's registration of fisheries levies.
(3) The Fish Capture Pass (SIPI) applies for 3 (three) years for arrests Fish with a tuna swamps, drifting nets and huhate and two (two) years for fishing with the type of capture device in addition to the capture device.
(4) The Fish Transport Ship License (SIKPI) is valid for 3 (three) years and can be extended over the same time frame.
Article 17
(1) Fisheries and other documents related to fishing vessels must be carried by the permit holder in any fishing or fishing operation, to be shown if any time is held. examination.
(2) To avoid missing/damaged Fisheries Fisheries Permit, permission Holder may bring and show copies of copy photos authorized by the Fisheries and Marine Services, except SPI, SIKPPI which should be able to show the original At the time of the inspection on the fishing boat.
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Article 18
(1) The Fisheries permit in section 17 must be established in a real time. the number of ships, the type of capture tool used for the attempted capture, the type of fish and other fisheries as well as the area of cultivation.
(2) The rights of the fishery efforts of the permit are limited only to the types of fish and the results Other waters specified in the permit are granted.
Article 19
In conducting fishing efforts are prohibited from using materials and or tools that can damage the sustainability of the Fisheries Resources and environment.
Article 20
The Fisheries Effort Permit (IUP) is not apply again or be revoked:
a. At the request of the Fisheries Service, or;
b. If within six (six) months of the release of the permit it turns out not or there is no activity of fishing in the waters of the Maluku Province by the intended business permit holder or;
c. If the terms of a business license or a signed agreement that the business permit are signed may not be fulfilled as should be or;
d. If a business permit is found to be guilty of a breach specified in the Regulation of this Area or;
e. Moving the IUP is without the written consent of the permit or;
f. If a business permit is misused in such a way that it is detriing to the State and the Regional or Regional.
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17
BAB VII
REGISTRATION, DESIGNATION AND LEVY
Article 21 (1) Mandatory Retribution is required to fill the SPORD clearly, right and
complete as well as signed by mandatory retribution or power;
(2) The form of contents as well as the layout of the filling and delivery of the SPORD is set by the Governor's Decision;
(3) If the results of the examination are encountered new data or previously unrevealed, the lead to the addition of a levy, then published SKRDKBT;
(4) The form of contents as well as the manner of the publisher SKRDKBT is set with the Governor's Decision;
(5) The levy of retribution cannot be bornable;
(6) Retribution is levied with using SKRD or other relevant documents;
(7) Retribution about the magnitude of SKRD or other document equated and SKRDKBT that states the amount of retribution that must be paid growing or a levy that is not/less paid by mandatory retribution is billed using STRD.
BAB VIII
provisions INQUIRY
section 22 (1) certain civil servant officials are in the Local Government's environment
given special authority as an investigator to perform The investigation of criminal conduct in the area of Regional Taxation as referred to in the Law Number 8 of the Year of 1981 on the Code of Criminal Law.
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(2) The authority of the investigator as referred to in paragraph (1) this article is:
a. Receive, search, collect and scrutinate or report on criminal conduct in the area of the Regional Taxation in order to be complete and clear.
b. Examining, seeking and collecting information about personal or body persons about the correctness of the deeds committed in connection with the area's taxation of taxation.
c. Receive the information and evidence from a person or body in connection with a criminal offence in the area of area taxation.
d. Receive books, records, and documents related to criminal conduct in the area of area taxation.
e. A search warrant for evidence, bookkeeping, logging and other documents and confiscation of the evidence.
f. Requesting expert power assistance in order to carry out the task of criminal investigator duties in the area of regional taxation.
g. Making a stop, banning someone from leaving the room or the place at the time of examination is underway and checking the identity of the person and or the document being carried as referred to in the letter e.
h. Photographing a person related to criminal conduct in the area of regional taxation.
i. Calling for people to be heard of and checked out as a suspect or a witness.
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j. Stop the investigation.
k. Conduct other measures necessary for the agility of a criminal investigation in areas of area taxation according to a law that is subject to liability.
l. An investigator referred to in the paragraph (1) of this section, notifying the commencement of the inquiry and presenting its investigation into the Public Prosecuting, in accordance with the provisions set forth in the Criminal Event Law Act.
BAB IX
CRIMINAL provisions
section 23 (1) mandatory retribution is not liable to harm
Regional finance is threatened with a penultimate criminal confinement 6 (six) months or fines of the most many 4 (four) times the number of indebable Retribution.
(2) Tindak criminal as referred to as paragraph (1) is a violation.
BAB X
provisions CLOSING
Article 24 By the enactment of this Regional Regulation, then the Maluku Provincial Regional Regulation No. 11 of 2004 was about The Fisheries Permissions Levy is declared no longer valid.
Province of the Maluku Province
20
Article 25
Article 25
The rules of this section begin to apply to the date of the invitation.
For each
Passed in Ambon on 30 December 2008 GOVERNOR OF MALUKU, KAREL ALBERT RALAHALU Was promulred in the Ambon on December 30, 2008 SECRETARY OF THE MALUKU REGION, MS. ROSA FELISTAS FAR-FAR SHEET REGION OF MALUKU PROVINCE OF 2008 NUMBER 11
Maluku Provincial Regulation
21
EXPLANATION
above
REGIONAL REGULATION OF MALUKU PROVINCE NUMBER: 11 YEARS 2008
ABOUT
FISHERIES PERMIT LEVY
I. GENERAL EXPLANATION That by Doing Law Number 32 of the Year
2004 on Local Government, it is a step
which is crucial for development in the Regions especially in
reforms in the various development fields which would
give the area a feature in order to take care of its own Daerness
in support of government tasks, development and
correctional.
The development planning of the province of Maluku Province needs to be noticed
the balance and unity of the Economic, social development region
culture, environment, politics and government for its development
the development continuous.
Thus then the dominant aspects in
the development of the Maluku Provincial Region is the economic aspect
the confusion, and for that then in the face of the globalization era,
The Provincial Government of the Province Maluku needs to be oriented at
the building of potential sector-sector is becoming The seed or
primadona for each region to increase the power
saying in the global sense is the fishery sector.
Province of the Maluku Province
22
The persistence strategy of the Maluku Province Regional development for five
The next year of the economic sector is improving scale
festively utilization of managed marine natural resources
optimally, professional and sustainable including in
quality human resources capabilities in the field
fisheries for generate devisa for the Regions.
According to that thing above then in order enhance
service to the public in the granting of business permissions and
guarantees the viability of the fisheries field as conditions and
Local authority in an orderly and responsible need to be set
with Maluku Provincial Territory regulations on Business Permit
Fisheries.
II. EXPLANATION OF THE SECTION FOR ARTICLE
Article 1 reached with Article 25: Pretty clear.
