SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 70, 2002 | (Explanation in Additional State Sheet of the Republic of Indonesia 4209) |
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
Number 36 YEAR 2002
ABOUT
FOREIGN SHIPS ' RIGHTS AND OBLIGATIONS IN
CARRYING OUT PEACEFUL CROSS THROUGH INDONESIAN WATERS
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that Act No. 6 of 1996 on the Waters of Indonesia designated as a follow-up to the ratification of the United Nations Convention on the Law of the Sea of 1982 determines it further regarding the rights and obligations of foreign ships in the Peaceful conduct is set up in the Government Regulation;
., b. that based on consideration as referred to in the letter a, it needs to establish the Government Regulation on the Rights and Obligships of the Foreign Ship in Peaceful Traffic through the Indonesian Waters;
.,, Given: 1. Section 5 of the paragraph (2) of the Basic Law of 1945 as amended by the Third Amendment of the Basic Law of 1945;
., 2. Law No. 6 of 1996 on Indonesian Waters (sheet of state of the Republic of Indonesia in 1996 No. 73; Additional leaf country number 3647);
DECIDED:
.,, Setting: A GOVERNMENT REGULATION ON THE RIGHTS AND OBLIGATIONS OF FOREIGN SHIPS IN CARRYING OUT PEACEFUL CROSS THROUGH INDONESIAN WATERS.
BAB I
UMUM PROVISIONS
Section 1
In this Government Regulation referred to by:
., 1. The law is Law No. 6 of 1996 on the Waters of Indonesia.
., 2. The cross is cross as referred to in Article 11 of the paragraph (2) of the Act.
., 3. The Peace Cross is the Cross of Peace as referred to in Article 12 of the Act.
., 4. The waters of Indonesia are the waters as referred to in Article 1 of the 4.
. .5. The Territorial Sea is the sea route as referred to in Article 3 of the paragraph (2) of the Act.
., 6. The waters of the Indonesian archipelago are waters as referred to in Article 3 of the paragraph (3) of the Act.
., 7. The Inland Waters of Indonesia are the waters as referred to in Article 3 of the paragraph (4) of the Act.
., 8. The flow of the Sea is a customary cruise line used for shipping that is set as a plot for safe, continuous, and fast shipping.
., 9. The Traffic Separation Scheme is a cross-separation arrangement for the safety of shipping through the Sea Alur.
., 10. The Navigation Map is a map of the sea composed and used for the benefit of navigating the sea by regard to international standards, in order for the safety of the voyage.
., 11. The Convention is the United Nations Convention on the Law of the Sea of 1982 as referred to in Article 1 of the Nine Acts of the Law.
BAB II
CROSS-PEACE IMPLEMENTATION
IN THE TERRITORIAL SEA AND WATERS
INDONESIAN ARCHIPELAGO
The First Part
Foreign Ship Rights and Obligships
Section 2
.,, (1) All foreign ships may carry out Cross-Peace rights through the Territory Sea and Islands Waters for the purpose of crossing from one section of free sea or exclusive economic zone to any other part of the free sea or exclusive economic zone without enter the inland waters or stoke in the center of the sea, or port facilities outside the inland waters for the purpose of crossing from the free sea or the exclusive economic zone to pass to or from the inland waters or layover. in place of berths in the middle of the sea, or port facilities outside the inland waters.
.,, (2) The implementation of the Peaceful Cross-rights as referred to in paragraph (1), carried out using the Marine Alur used for international shipping and heeding the Article 11 as well as paying attention to the shipping guidelines issued by the authorities in the field of shipping safety.
Section 3
.,, (1) Any foreign ship that from one part of a free sea or an exclusive economic zone carries out a Cross of Peace across the Territory Sea and the Waters of the Islands, to other parts of the free sea or the exclusive economic zone is obliged to use the Marine Alur According to the origin of his voyage.
.,, (2) Any foreign ship that from one part of a free sea or an exclusive economic zone would be heading to the inland waters or one of the ports or vice versa, carrying out the Peace Cross across the Territorial Sea and the Waters of the Islands, it is mandatory using the Sea-Alur which is the Alur of the Sea that corresponds to its origin and purpose.
.,, (3) Any foreign ships that perform the Cross of Peace are obliged to be within the confines of a reasonable cruise line at the speed and direction in accordance with normal navigation in order to the destination of the voyage.
.,, (4) In performing the Cross of Peace as referred to in verse (1), paragraph (2), and verse (3), foreign ships should not discard the anchors, stop, pacing, unless it needs to be done because of force majeure, or calamations or because of To help people, boats or planes that are in a state of disaster.
Section 4
.,, (1) In carrying out the Cross of Peace through the Territory Sea and the Waters of the Islands, foreign ships should not perform any of the following activities:
.,
., a., a. commit acts that are threats or acts of violence against sovereignty, territorial integrity, political independence of the country, or in any other way that is a violation of international law as set forth in the United Nations Charter;
B. doing exercises or practices with any kind of weapons;
.,, c. perform deeds aimed at collecting adverse information for the country ' s defense and security;
., d. commit acts that are propaganda aimed at influencing the defense or security of the country;
., e. launching, landing, or raising an airship from or onto the ship;
., f. launching, landing, or raising an equipment and military equipment from or onto the ship; or
., g. downstream of the mudik in the Territorial Sea and the Waters of the Islands or other arousal that is not directly related to the cross.
Section 5
.,, (1) In implementing the Cross of Peace through the Territories Sea and the Waters of the Islands, foreign ships should not perform activities as follows:
.,
., a., a. Unload or load any commodities, currency, or persons, in conflict with the laws of the customs, fiscal, immigration, or sanitters;
B. fishing activities;
c. Research or survey activities;
., d. an action that aims to interfere with any communication system, any facility, or other communication installation;
., e. It was a pollution that was committed intentionally and caused a severe contamination.
.,, (2) In carrying out the Cross of Peace through the Territories Sea and the Waters of the Islands, foreign ships also should not:
.,
., a., a. damaging or disruping the navigation tools and facilities, as well as facilities or other navigation installations;
B. doing vandalism against the natural resources; or
c. damaging or disruping the cable and sea pipes.
Section 6
In carrying out the Cross of Peace through the territorial sea and the Waters of the Islands, in the narrow strait, the foreign ships in carrying out shipping in the Alur of the Sea are determined, should not sail near the coast less than 10% (ten per cent). a hundred) of the width of the narrow strait.
Section 7
.,, (1) The foreign ships used to carry out fishing in the conduct of the Cross of Peace through the Territory Sea and the Waters of the Indonesian Islands are obliged to sail in the Sea Alur as referred to in Article 11.
.,, (2) In performing the Cross of Peace, a foreign ship as referred to in verse (1) is required to store its fishing equipment in the palka.
Section 8
.,, (1) Foreign ships used for marine research or survey in carrying out the Cross of Peace through the Territory Sea and the Waters of the Islands are obliged to sail in the Sea of Slur as referred to in Article 11.
.,, (2) In performing the Cross of Peace, a foreign ship as referred to in paragraph (1) is required to store research equipment or survey and place all research equipment or survey equipment that is not part of the inner navigation equipment It's not working.
Section 9
Foreign ships in carrying out his services in the mandatory Marine Alur:
a. Always monitor the Indonesian Marine News Radio;
., b. On the other side of the ship, the shipping of the ships was ever seen.
Section 10
.,, (1) Foreign ships are obliged to pay off any levy charged to him with special services given to him while performing the Cross of Peace through the Territories Sea and the Waters of the Islands.
.,, (2) Against foreign ships that do not meet the obligations as referred to in paragraph (1) may be subject to execution in accordance with the provisions of the applicable perdata event law.
The Second Part
The Sea Flow and Separation Scheme
Section 11
.,, (1) Foreign tankers, foreign fishing vessels, marine research vessels or foreign hydrographic survey vessels, and nuclear-powered foreign ships or foreign ships that contain nuclear materials or other materials that are due to its dangerous or toxic nature, in Cross-Peace conduct only to cross from one section of the free sea or exclusive economic zone to other parts of the free sea or the exclusive economic zone through the Indonesian Waters to use the ocean groove that is commonly used for International shipping as referred to in verse (2).
.,, (2) a. For voyages from the South China Sea to the Indian Ocean and vice versa, it is commonly used for international voyages through the Natuna Sea, the Karimata Strait, the Java Sea, and the Sunda Strait.
.,
., b. For voyage from the Celebes Sea to the Indian Ocean and vice versa, it is commonly used for international shipping which is through the Makassar Strait, the Flores Sea, and the Lombok Strait.
., c. For voyage from the Pacific Ocean to the Indian Ocean and vice versa, that can be used is the Sea Alur which is commonly used for international shipping which through the Molucca Sea, Seram Sea, Banda Sea, Ombai Strait, and Sawu Sea.
., d. For voyage from the Pacific Ocean to the Timor Sea or to the Arafura Sea and vice versa, that can be used is the Marine Alur which is commonly used for international shipping through the Molucca Sea, Seram Sea, and Banda Sea.
.,, (3) The Ocean Stalling as referred to in verse (2) is listed in a navigation map or that of the nautical scouting books published specifically for the safety of the voyage.
Section 12
.,, (1) For the safety of the cruise in the Alur of the Sea as referred to in Article 11, the Government can set out a traffic separation scheme.
.,, (2) the foreign ships carrying out a cruise in the Alur of the Sea in which the traffic separation scheme as referred to in paragraph (1), is obliged to comply with the use of such traffic separator schemes.
Section 13
.,, (1) For the safety of seafarers in the strait used for international shipping, the Minister whose scope and responsibilities include the field of interrelations can set the Sea-Alur in the Waters of the Islands to be used as part of the scheme Traffic separators in the framework for the implementation of transtransit through the strait.
.,, (2) The voyage by a foreign ship with the use of the Sea Alur as referred to in paragraph (1) is carried out by subject to the Traffic provisions in the Waters of the Islands.
The Third Part
Cross-Peace Suspension
Section 14
.,, (1) the temporary suspension of Foreign ships of foreign ships in a specific area in the Territory Sea or the Waters of the Islands because it is indispenable for protection of security or for the purposes of gun training carried out by the Commander of the National Army Indonesia.
.,, (2) The temporary suspension of Foreign ships of foreign ships within certain areas of the Territory in the Territory of the Islands as it is referred to in verse (1), is notified by the State Department to foreign countries through channels. Diplomatic and announced through Indonesian Marine News after obtaining the designation regarding the area and the expiration of the temporary suspension of the Commander in Chief of the Indonesian National Armed Forces.
.,, (3) the temporary suspension of Foreign ships of foreign ships in a given area in the Territory Sea or the Islands Waters as referred to in paragraph (1), starts at least 7 (seven) days after notice and announcement as referred to in verse (2).
BAB III
CLOSING PROVISIONS
Section 15
With the promulgations of this Government Regulation, Government Regulation No. 8 of 1962 on the Traffic of the Peace of Foreign Air Vehicles in Indonesian Waters (Indonesian Republic of Indonesia Year 1962 Number 36, Extra State Gazette number 36) 2466), stated does not apply.
Section 16
This Government Regulation shall come into effect on the date of the promulctest.
In order for everyone to know it, order the invitational of this Government Regulation with its placement in the State Sheet of the Republic of Indonesia.
.,, Set in Jakarta
on June 28, 2002
PRESIDENT OF THE REPUBLIC OF INDONESIA,
MEGAWATI SOEKARNOPUTRI
Promulgated in Jakarta
on June 28, 2002
STATE SECRETARY OF THE REPUBLIC OF INDONESIA,
BAMBANG KESOWO
ADDITIONAL
STATE SHEET RI
| No. 4209 | (Explanation Of 2002 State Sheet Number 70) |
EXPLANATION
Above
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
Number 36 YEAR 2002
ABOUT
FOREIGN SHIPS ' RIGHTS AND OBLIGATIONS IN
CARRYING OUT PEACEFUL TRAFFIC THROUGH INDONESIAN WATERS
UMUM
.,, Act No. 6 of 1996 on the Waters of Indonesia designated as a follow-up to the ratification of the United Nations Convention on the Law of the Sea of 1982, in accordance with the provisions of the Convention contain the provisions that The sovereignty of the Republic of Indonesia includes other than the mainland and inland areas as well as the Indonesian Islands Sea. Although Indonesia has sovereignty over the territorial sea and the Waters of the Indonesian Islands, Law Number 6 of 1996 on Indonesian Waters, in accordance with the United Nations Convention on the Law of the Sea of 1982, also It contains the provision that foreign ships enjoy the right of cross-peace through the territorial sea and the waters of the Indonesian archipelago, for the purpose of crossing the sea without entering the inland waters or staying in a place anchored in the middle of the sea. or a port facility outside the inland waters or for the purpose of passing to or from inland waters or to a layover in the middle of the sea or the port's facility.
., although foreign ships enjoy a cross-peace pass through the territorial sea and the Waters of the Indonesian Islands, in accordance with the provisions of the United Nations Convention on the Law of the Sea of 1982, Indonesia can set the sea-flow that can used by such foreign ships to carry out a cross-peace right through the territorial sea and the Waters of the Indonesian Islands safely, constantly, and quickly.
.,, Act No. 6 of 1996 on the Waters of Indonesia designated as a follow-up to the ratification of the United Nations Convention on the Law of the Sea of 1982, contain the underlying provisions regarding the right of cross-peace as there is in the United Nations Convention on the Law of the Sea of 1982, by designing that further arrangements on the provisions of the cross-peace rights are carried out with Government Regulation.
., in conjunction with that and in accordance with the provisions in the Law Number 6 of 1996 on the Waters of Indonesia, need to establish a Government Regulation governing the rights and obligations of foreign ships carrying out cross-peace rights by sea Indonesia's territorial and territorial waters.
.,, the Regulation of this Government contains the provisions of the implementation of the peace-provisions contained in the Law No. 6 of 1996 on the Waters of Indonesia and the provisions of the peace traffic contained in the Convention. United Nations on the Law of the Sea of 1982 which has not yet been contained in Law Number 6 of 1996 on Indonesian Waters.
.,, the necessary supervision for foreign ships that carry out the sea-flow of the archipelago across Indonesian Waters to the provisions of this Government Regulation shall be carried out in accordance with the regulations as referred to in Article 24 verse (1) of the Act. This adult supervision was carried out on the basis of the Territorial Ordonance of the Territorial Sea and Maritime Environment of 1939 (Stb. 1939 No. 442) and its implementation regulations are the Territorial and Maritime Environment Verordening of the Year of 1935 (Stb. 1935 No. 525) and the Decree of Governor-General Number 39 of 1939 on Guidance for Use on the Investigations of Criminal Code in the Sea.
SECTION BY SECTION
Section 1
.,, pretty clear.
Section 2
.,, Verse (1)
.,, the provisions of this paragraph are the application of Article 11 of the Act.
Verse (2)
., referred to as "the sea plot commonly used for international shipping" is the grooves listed in the language scouting books and navigational maps.
In question, "the authority in the field of travel safety" is authorized agencies in the field of navigation, encroachment, and hydrographic fields.
Section 3
.,, Verse (1)
.,, referred to as "the grooves corresponding to its origin and purpose of service" is a sea plot commonly used for international shipping which corresponds to the origin and destination of the foreign ships in question.
Verse (2)
., in question, "the sea plot which is the plot of the sea that corresponds to its origin and purpose" is the ocean groove that is commonly used for international shipping that matches the origin and purpose of its voyage to the port or to the port. Otherwise.
Verse (3)
.,, referred to by "reasonable cruise line limits" is a reasonable limit in the use of cruise lines commonly used for international shipping in accordance with navigational interests.
Verse (4)
.,, pretty clear
Section 4
.,, the equipment and military equipment as referred to in the letter f are military devices as referred to in Article 19 of the paragraph f (2) letter f Convention.
The provisions of this Section are the application of Article 19 of the (2) letter a, letter b, letter c, letter d, letter e, and the letter f Convention.
Section 5
.,, Verse (1)
.,, the provisions of this paragraph are the application of Article 19 of the paragraph (2) of the letter g, letter h, letter i, letter j, and the letter k of the Convention.
In question, the "communication system" is a communication system as set forth in the laws governing the telecommunications.
In question, "facilities or communication installations" are tools or devices as set forth in the laws governing the telecommunications.
Verse (2)
.,, the provisions of this paragraph are the application of Article 21 of paragraph (1) letter b, letter c, and the letter d Convention.
Section 6
.,, the provisions in this Section are intended to protect the security of the country.
Article 7
.,, Verse (1)
.,, the provisions of this paragraph constitute the application of Article 21 paragraph (1) of the letter e Convention.
Verse (2)
.,, the provisions of this paragraph are intended to prevent such foreign vessels from committing violations to the provisions of which it is referred to in Article 5 of the paragraph (1) of the letter b of this Government Regulation.
Article 8
.,, Verse (1)
.,, the provisions of this paragraph are intended to prevent marine research vessels or hydrographic surveys not committing violations to the provisions as referred to in Article 5 of the paragraph (1) of this Government Regulation c.
The "marine research" is research to obtain information or data about the structure or composition of chemistry, biology, and surface physics, the water chamber, or the bottom of the sea and the soil beneath it.
Verse (2)
., look at the explanation of the verse (1).
Article 9
.,, the provisions in this Section are intended to guarantee the safety of seafarers at sea.
Article 10
.,, Verse (1)
.,, the provisions of this paragraph constitute the application of Article 26 of the paragraph (2) of the Convention.
Verse (2)
.,, the provisions of this paragraph constitute the application of Article 28 of the paragraph (2) of the Convention.
Article 11
.,, Verse (1)
.,, the provisions of this paragraph are the application of Article 14 paragraph (1) of the Act.
In question, the "hydrographic survey" is a survey to obtain information or data about the structure and physical properties of the water for navigation.
Verse (2)
.,, See the explanation of the verse (1).
The "marine research" is research to obtain information or data about the structure or composition of chemistry, biology, and surface physics, the water chamber, or the bottom of the sea and the soil beneath it.
Verse (3)
.,, the provisions of this paragraph constitute the application of Article 22 of the paragraph (4) of the Convention.
Article 12
.,, Verse (1)
.,, the provisions of this paragraph are the application of Article 14 paragraph (1) of the Act.
Verse (2)
.,, the provisions of this paragraph are the application of Article 21 of the paragraph (4) of the Convention.
Article 13
.,, Verse (1)
.,, referred to by the "ocean groove for use as part of the traffic separator scheme" is such a sea groove in the Phillips Strait to improve shipping safety in the implementation of transiting traffic from the Singapore Strait to the Strait of Malacca.
Verse (2)
.,, the sea course for use as part of the traffic separator scheme is located within the Phillips Strait, not located in the territorial sea which is part of the strait used for international shipping, will but is a Part of the island waters. In conjunction with that of a foreign ship cruise using a sea plot to be used as part of the traffic separation scheme is performed in accordance with the peaceful cross-rights that apply to foreign ships in the Waters of the Indonesian Islands.
Section 14
.,, Verse (1)
.,, the provisions of this paragraph are the application of Article 13 paragraph (1) of the Act.
Verse (2)
.,, the provisions of this paragraph are the application of Article 13 paragraph (2) of the Act.
Verse (3)
., look at the explanation of the verse (2).
Article 15
.,, pretty clear.
Section 16
.,, pretty clear.
