Government Regulation Number 36 (2002)

Original Language Title: Peraturan Pemerintah Nomor 36 Tahun 2002

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4f023686a0aec6313231383135.html

PP 36-2002 Text copy _?.
Back COUNTRY SHEET REPUBLIC of INDONESIA No. 70, 2002 (Additional explanation in the State Gazette of the Republic of Indonesia 4209) GOVERNMENT REGULATION of the REPUBLIC of INDONESIA NUMBER 36 in 2002 ABOUT the RIGHTS and OBLIGATIONS of FOREIGN SHIPS in CARRYING OUT a PEACEFUL TRAFFIC through INDONESIAN WATERS, PRESIDENT of the REPUBLIC of INDONESIA, Considering: a. that Act No. 6 of 1996 about Indonesia's waters are defined as a follow-up to the ratification of the United Nations Convention on the law of the sea of 1982 to determine more about the rights and obligations of foreign ships in carrying out Peaceful Cross set continue in government regulations;
.,, b. that based on considerations as referred to in letter a, the need to establish a government regulation on the rights and obligations of Foreign Ships in carrying out Peaceful Cross through the waters of Indonesia;
.,, Considering: 1. Article 5 paragraph (2) of the 1945 Constitution as amended by the third change of the Constitution of 1945;
., ,2. Act No. 6 of 1996 about the waters of the State Gazette of the Republic of Indonesia (Indonesia 1996 Number 73; Additional Sheet country number 3647);
DECIDED:.,, set: GOVERNMENT REGULATION of the RIGHTS and OBLIGATIONS of FOREIGN SHIPS in CARRYING OUT a PEACEFUL TRAFFIC through INDONESIAN WATERS.
CHAPTER I GENERAL PROVISIONS article 1 In this Government Regulation is:.,, 1. Legislation is Act No. 6 of 1996 about the waters of Indonesia.
., ,2. Cross is cross referred to in article 11 paragraph (2) of the Act.
., ,3. Cross is a cross of peace as stipulated in article 12 of the Act.
., ,4. Indonesia's waters are waters referred to in Article 1 point 4 legislation.
., ,5. The territorial sea is the sea line as stipulated in article 3 paragraph (2) of the Act.
., ,6. The waters of the islands of Indonesia are the waters referred to in article 3 paragraph (3) of the Act.
., ,7. Indonesia is an inland waterway the waters referred to in article 3 paragraph (4) of the Act.
., ,8. Marine Groove is a cruise that is often used for a cruise that is designated as a safe to cruise the Groove, constantly, and fast.
., ,9. Scheme of Dividing traffic is traffic segregation arrangements for the safety of cruise through the flow of the sea.
., .10. Navigation map is a map of the sea was drawn up and used for the purposes of navigation at sea by observing international standards, in order to the safety of the cruise.
.,, 11. The Convention is the United Nations Convention on the law of the sea in 1982, as stipulated in article 1 point 9 of the Act.
CHAPTER II IMPLEMENTATION of the CROSS-TERRITORIAL SEA in the INDONESIAN ARCHIPELAGO and the WATERS of the first part of the rights and obligations of Foreign Ships, article 2, (1) All foreign vessels may exercise the right cross-peace through territorial Marine Waters and Islands for the purpose of passing from one part of the free sea or exclusive economic zone to other parts of non sea or exclusive economic zone without entering the inland waterway or stopped at the berths in the middle of the sea , or port facility outside of any inland waterway passing from the sea or exclusive economic zone to pass to or from Inland Waters or stopped at the berths in the middle of the sea, or the port facilities outside the inland waterway.
.,, (2) the implementation of the rights of Peaceful Cross referred to in subsection (1), carried out using sea Groove is often used for international shipping and with regard to article 11 as well as pay attention to shipping guidelines issued by the authorized agency in the field of the safety of the cruise.
Section 3.,, (1) any foreign vessels from one part of the sea or the exclusive economic zone freely execute cross-Territorial Sea and the Peaceful waters of the Islands, to other parts of non sea or exclusive economic zone of mandatory use of sea Flow corresponding to the origin of the purpose of their voyage.
.,, (2) any foreign vessels from one part of the free sea or exclusive economic zone were about to head into Inland Waters or one port or vice versa, implement cross-Territorial Sea and Peaceful waters of the Islands, the mandatory use of sea Flow is the flow of the Sea in accordance with the origin and purpose.
.,, (3) every foreign vessel that carries out mandatory cross-Peace is within the bounds of reasonable cruise with the flow speed and direction in accordance with the normal navigation in order to cruise destinations.
.,, (4) in carrying out the peace Cross referred to in subsection (1), subsection (2), and subsection (3), foreign ships must not be anchored, stop, pacing, except it needs to be done because of force majeure, or due to natural disasters or help people, ships or aircraft in the circumstances of the accident.
Section 4.,, (1) in carrying out cross-peace through territorial Marine Waters and Islands, foreign ships must not perform one of the following activities:.,,.,, a. perform acts that constitute a threat or violent peng-gunaan against the sovereignty, territorial integrity, political independence of the coastal States, or in any other way is a violation of any principle of international law as contained in the Charter of the United Nations; b. do exercise or practice with weapons of any sort;., c. perform acts that aim to collect information that is prejudicial to the defence and security of the State;
.,, d. doing which is propaganda aimed at affecting the defence or security of the State;
., e., launching, landing, or raise an aircraft to or from aboard;
., f., launching, landing, or raise a gear and military equipment from or to the top of the ship; or., g. fro the territorial sea and other waters of the Archipelago or kegaiatan that are not directly related to the cross.
Article 5, (1) in carrying out cross-peace through territorial Marine Waters and Islands, foreign ships must not perform activities as follows:.,,.,, a. unload or load any commodity, currency or person, contrary to regulations customs, fiscal, immigration or sanitary,; b. fisheries activities;

c. research or survey activities;.,, d. deeds aimed at disrupting any communication system, facility, installation or other communications;
., e., the deed being done intentionally and cause severe pollution.
.,, (2) in carrying out cross-peace through territorial Marine Waters and foreign ships, the Islands also may not:.,,.,, a. damage or interfere with the navigation tools and facilities, as well as facilities or other navigation installation; b. do destruction to natural resources biodiversity; or c. damage or interfere with the wiring and piping of the sea.
Article 6 in the exercise of the right of Peaceful cross-territorial and Marine Waters through the Islands, in the narrow Strait, foreign ships in the exercise Groove cruise at Sea, sailing may not be approaching the coast of less than 10% (ten per hundred) of the width of a narrow Strait.

Chapter 7.,, (1) foreign Vessels used to make fishing in performing cross-peace through Territorial Seas and waters of the archipelago of Indonesia is obliged to sail in the Groove of the sea as stipulated in article 11.
.,, (2) in carrying out cross-peace, a foreign ship referred to in subsection (1) is obligated to keep the fish catcher equipment in the hold.
Article 8.,, (1) a foreign Ship which is used for marine research or survey in carrying out cross-peace through Territorial Seas and waters of the Archipelago Sea Groove sailing in compulsory as stipulated in article 11.
.,, (2) in carrying out cross-peace, foreign ships as referred to in paragraph (1) compulsory saving equipment research or survey and put all the equipment for research or survey equipment did not constitute part of the navigation equipment in a State of not working.
Article 9 foreign Ships in carrying out the voyage in the Groove of the ocean obligated: a. always monitor Radio News Mariners Indonesia;., b., always paying attention to the activities of cruise ships do island hopping cruise.
Section 10.,, (1) the foreign ship is obliged to pay any levy charged him related to the specific service provided to him while carrying out cross-peace through Territorial Waters and Sea Islands.
.,, (2) against a foreign ship which does not fulfil the obligations referred to in subsection (1) may be subject to execution in accordance with the provisions of the applicable civil law.
The second part of the flow of the sea and the schema Separator section 11.,, (1) a foreign tanker ship, foreign fish, marine research vessel or a foreign hydrographic survey ships, and foreign nuclear-powered ships or foreign ships containing nuclear materials or other materials due to its harmful or toxic, in carrying out cross-Peace only for passing from one part of the free sea or exclusive economic zone to another part of the free sea or exclusive economic zone through the waters of Indonesia is obliged to use the common sea Groove used for international shipping referred to in subsection (2).
.,, (2) a. for a cruise of the South China Sea to the Indian Ocean and vice versa, which can be used is a sea that is often used for international shipping through the sea of Natuna, Karimata Strait, Java Sea, and the Sunda Strait.
.,,.,, b. to cruise from the Celebes Sea to the Indian Ocean and vice versa, which can be used is a sea that is often used for international shipping through the Strait of Makassar, the Flores sea, and the Lombok Strait.

.,, c. to cruise from the Pacific Ocean to the Indian Ocean and vice versa, which can be used is a sea that is often used for international shipping through the Molucca sea, Seram Sea, Ombai Strait, Banda Sea, Sea and Savu sea.
.,, d. to cruise from the Pacific Ocean to the Timor Sea or into the Arafura Sea and vice versa, which can be used is a sea that is often used for international shipping through the Molucca sea, Ceram Sea, and Banda Sea.
.,, (3) the flow of the Sea referred to in paragraph (2) are listed in the navigation map or nautical Scouting books published specifically for the safety of the cruise.
Article 12.,, (1) for the safety of shipping in the Groove of the sea as stipulated in article 11, the Government can establish a scheme dividing the traffic.
.,, (2) a foreign Ship which is carrying out the voyage in the Groove of the sea where the specified separator traffic scheme referred to in subsection (1), the mandatory use of separator schemes comply with the traffic.
Article 13.,, (1) for the safety of shipping in the straits used for international shipping, the Minister of the scope and responsibilities include field of transportation may designate Sea Groove in the waters of the archipelago to be used as part of dividing traffic schemes in the framework of the implementation of transit traffic through the Strait.
.,, (2) the voyage by ship Marine Groove by using the alien referred to in subsection (1) will be conducted subject to the provisions of the peace Cross in the waters of the archipelago.
The third part of the suspension Cross Peace clause 14.,, (1) Temporary Suspension of foreign ships in the Peaceful Cross certain areas in the territorial Sea or the waters of the Islands because it is very necessary for the protection of security or for the purposes of the exercise of weapons carried out by Indonesia's National Army.
.,, (2) the Temporary Suspension of foreign ships in the Peaceful cross-region specific areas in the territorial Sea or the waters of the Archipelago as a ubiquitous referred to in subsection (1), notified by the State Department to foreign countries through the diplomatic channel and announced via News Mariners Indonesia after acquiring the determination regarding the area and period of validity period of the suspension the temporary Commander of the national armed forces of Indonesia.
.,, (3) the Temporary Suspension of foreign ships in the Peaceful Cross certain areas in the territorial Sea or the waters of the Islands referred to in subsection (1), comes into force the fastest 7 (seven) days after notification and announcement mentioned in paragraph (2).
CHAPTER III the CLOSING PROVISIONS Article 15 with the promulgation of this Regulation, regulation of the Government No. 8 in 1962 about a peaceful Sea Traffic of vehicles Foreign Water in Indonesia's waters (State Gazette of the Republic of Indonesia Number 36 in 1962, the extra State Gazette Number 2477), otherwise do not apply.

Article 16 this Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Regulation with its placement in the State Gazette of the Republic of Indonesia.

.,, Set in Jakarta on June 28, 2002, the PRESIDENT of the REPUBLIC of INDONESIA, MEGAWATI SUKARNOPUTRI Enacted in Jakarta on June 28, 2002 the SECRETARY of STATE of the REPUBLIC of INDONESIA, BAMBANG KESOWO RI STATE GAZETTE SUPPLEMENTARY No. 4209 (explanation of the 2002 State Gazette Number 70) EXPLANATION for the REGULATION of the GOVERNMENT of the REPUBLIC of INDONESIA NUMBER 36 in 2002 ABOUT the RIGHTS and OBLIGATIONS of FOREIGN SHIPS in CARRYING OUT CROSS-PEACE through INDONESIAN WATERS. ,, Act No. 6 of 1996 about Indonesia's waters are defined as a follow-up to the ratification of the United Nations Convention on the law of the sea in 1982, in accordance with the provisions of the Convention contain a provision that the sovereignty of the Republic of Indonesia includes in addition to the area of land and Inland Waters and Territorial Sea is also the islands of Indonesia. Though Indonesia has sovereignty over the territorial sea and the waters of the islands of Indonesia, Act No. 6 of 1996 about the waters of Indonesia, according to the United Nations Convention on the law of the sea in 1982, also contains a provision that foreign vessels enjoy cross-peace through territorial Marine Waters and the islands of Indonesia, for the purposes of traversing that sea without entering the inland waterway or stopped at the berths in the middle of the ocean or port facilities outside the inland waterway or to pass to or from the waters of the inland or stopped at the berths in the middle of the sea, or the port facilities.
.,, Although foreign ships enjoy cross-peace through territorial Marine Waters and the islands of Indonesia, in accordance with the provisions of the United Nations Convention on the law of the sea in 1982, Indonesia can set the sea Groove that can be used by the foreign ship to exercise cross-peace through territorial seas and waters of the Indonesia Archipelago safely, continuously, and fast.
.,, Act No. 6 of 1996 about Indonesia's waters are defined as a follow-up to the ratification of the United Nations Convention on the law of the sea in 1982, contains provisions regarding cross-principal peace as contained in the United Nations Convention on the law of the sea in 1982, by specifying that further arrangements concerning traffic rights provisions of peace are exercised by government regulations.
.,, Concerning with it and in accordance with the provisions of Act No. 6 of 1996 about the waters of Indonesia, have to set Government regulations governing the rights and obligations of foreign ships exercise the right cross-peace through territorial seas and waters of the islands of Indonesia.
.,, Government regulation contains the provisions of the implementation of the provisions of the peace cross contained in Act No. 6 of 1996 about the waters of Indonesia and the provisions regarding the cross of peace contained in the United Nations Convention on the law of the sea of 1982 has not contained in Act No. 6 of 1996 about the waters of Indonesia.
.,, Surveillance needs to be done in order for the ships carrying out the cross-flow of Sea Islands across Indonesia Waters comply with the provisions of this Regulation are implemented in accordance with the regulations referred to in Article 24 paragraph (1) of the Act. The adult supervision is done among others based on the territorial Sea and the Ordinance of maritime Environment in 1939 (Stb. 1939 Number 442) and its implementation regulations i.e. environmental and Territorial Sea Verordening Maritime 1935 (Stb. 1935 the number 525) and the decision of the Governor General's Number 39 in 1939 about Instructions for use in the investigation of criminal acts at sea.

The SAKE ARTICLE ARTICLE article 1., pretty clear, article 2, paragraph (1), the provisions of this paragraph, is the application of section 11 of the Act. Subsection (2),, is a "sea Groove customarily used for international shipping" is the furrows of the sea in maritime Scouting books and maps-map navigation.

The definition of "authorized agencies in the field of the safety of the voyage" is the authorized agencies-agencies in the field of navigation, perambuan, hydrographic and in the field.

Article 3, paragraph (1),, is a "sea Groove corresponding to the origin and destination of the voyage" is a sea that is often used for international shipping are in accordance with the origin and destination of cruise ships are concerned. Subsection (2),, is a "sea flow is the flow of the sea in accordance with the origin and purpose" is a sea that is often used for international shipping are in accordance with the shipping origin and destination to reach port or vice versa. Paragraph (3), the definition of "reasonable limit Groove cruise" is a reasonable limit in the use of the Groove cruise that customarily used for international shipping in accordance with the interests of navigation. Subsection (4), article 4 is quite clear,.,, military equipment and supplies referred to in the letter f was a military device referred to in article 19 paragraph (2) letter f of the Convention.

The provisions in this chapter is the application of article 19 paragraph (2) letter a, letter b, letter c, letter d, letter e, letter f and the Convention.

Article 5, paragraph (1), the provisions of this paragraph, is the application of article 19 paragraph (2) Letter g, letter h, letter i, letter j, letter k and the Convention.

The definition of "communication system" is the system of communication as set forth in the laws and regulations governing telecommunications.

The definition of "facility or installation of communication" is a tool or device as set forth in the laws and regulations governing telecommunications. Subsection (2), the provisions of this paragraph, is the application of Section 21 subsection (1) letter b, letter c, letter d and the Convention.

Article 6, this provision in article, intended to protect the security of the State.

Article 7, paragraph (1), the provisions of this paragraph, is the application of Section 21 subsection (1) letter e Convention. Subsection (2), the provisions in this clause, intended to prevent foreign fish boats did not breach any provisions as referred to in article 5 paragraph (1) letter b of this Regulation.

Article 8, paragraph (1), the provision in this paragraph is intended to prevent maritime research vessel or hydrographic survey did not breach the provisions as referred to in article 5 paragraph (1) Letter c of this Regulation.


The definition of "marine research" is research to obtain information or data about the structure or composition of the chemistry, biology, and physics, surface water, or the bottom of the sea and the land beneath it. Subsection (2), see subsection (1).

Article 9, Provisions in this article are intended to ensure the safety of sailing at sea.

Article 10, paragraph (1), the provisions of this paragraph, is the application of Article 26 paragraph (2) of the Convention. Subsection (2), the provisions of this paragraph, is the application of Article 28 paragraph (2) of the Convention.

Article 11, paragraph (1), the provisions of this paragraph, is the application of Article 14 paragraph (1) of the Act.

What is meant by "hydrographic survey" survey is to obtain information or data about the structure and physical properties of waters for the benefit of navigation. Subsection (2), see subsection (1).

The definition of "marine research" is research to obtain information or data about the structure or composition of the chemistry, biology, and physics, surface water, or the bottom of the sea and the land beneath it. Paragraph (3), the provisions of this paragraph, is the application of Article 10 paragraph (4) of the Convention.

Article 12, paragraph (1), the provisions of this paragraph, is the application of Article 14 paragraph (1) of the Act. Subsection (2), the provisions of this paragraph, is the application of Article 21 paragraph (4) of the Convention.

Article 13, paragraph (1),, is a "sea Groove for use as part of a scheme of dividing traffic" is a sea Strait like Phillips to improve the safety of shipping in the implementation of the cross-Strait transit from Singapore to the Strait of Malacca. Subsection (2), sea, plots for use as part of a scheme of dividing traffic are located in the Strait of Phillips, is not located within the territorial sea that are part of the straits used for international shipping, but is part of the waters of the archipelago. In relation to that foreign ships sailing by using sea Groove for use as part of a scheme of dividing traffic conducted in accordance with the rights of peaceful cross-applicable to foreign vessels in the waters of the islands of Indonesia.

Article 14, paragraph (1), the provisions of this paragraph, is the application of Article 13 paragraph (1) of the Act. Subsection (2), the provisions of this paragraph, is the application of Article 13 paragraph (2) of the Act. Paragraph (3), see paragraph (2).

Article 15, article 16, clear enough, clear enough,