SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 256, 2000 | (Explanation In Addition of the Republic of Indonesia State Number 4058) |
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
NUMBER 141 Year 2000
ABOUT
SECOND CHANGE OVER
GOVERNMENT REGULATION NUMBER 15 IN 1990
ABOUT THE FISHERIES EFFORT
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that Government Regulation No. 15 of 1990 on the Fisheries Act as amended with the Government Regulation No. 46 of 1993 in its implementation has been unable to accommodate the development of fishery activities;
., b. that in order to increase the acceptance of the State from the fisheries sector, it needs to provide the service of the Indonesian Fish and Fish Transport (SIKPII) and Indonesian Fish Transport Ship Permission Letter (SIKPII) for individuals and bodies. laws that do fishery efforts;
., c. that in connection with it, is seen needing to change Government Regulation No. 15 of 1990 on the Fisheries Effort as amended by Government Regulation No. 46 of 1993;
.,, Given: 1. Section 5 of the paragraph (2) of the Basic Law of 1945 as amended by the Second Amendment of the Basic Law of 1945;
., 2. Law No. 1 of 1967 on Cultivation Of Foreign Capital (the Gazette Of The State Of The Republic Of Indonesia In 1967 Number 1, Additional Gazette Number 2818) as amended by Law No. 11 of the Year of the Republic of Indonesia (the Republic of the Republic of Indonesia) Indonesia Year 1970 Number 46, Additional Gazette State Number 2943);
., 3. Law Number 6 Of 1968 On The Cultivation Of Domestic Capital (sheet Of State Of The Republic Of Indonesia In 1968 Number 33, Additional Gazette Number 2853) as amended by Law Number 12 Year 1970 (State Sheet) Republic Of Indonesia In 1970 Number 47, Addition Of State Sheet Number 2944);
., 4. Law No. 5 Year 1983 on Indonesia ' s Exclusive Economic Zone (Sheet State Of Indonesia Year 1983 Number 44, Additional Leaf Country Number 3260);
. .5. Law Number 9 Year 1985 on Fisheries (State Sheet of the Republic of Indonesia Year 1985 Number 16, Additional Gazette State Number 3299);
., 6. Law Number 20 Of 1997 On The Acceptance Of The State Not Taxes (State Sheet Of The Republic Of Indonesia In 1997 Number 43, Additional Sheet Of State Number 3687);
., 7. Law Number 22 Year 1999 On Local Government (sheet Of State Of The Republic Of Indonesia In 1999 Number 60, Extra State Sheet Number 3839);
., 8. Law No. 25 of 1999 on the Financial Balance between the Central and Regional Governments (State of the Republic of Indonesia of 1999 No. 72, Additional Gazette State Number 3851);
., 9. Government Regulation No. 15 Year 1990 on Fisheries Effort 1990 (Indonesian Republic of Indonesia 1990 Number 19, Additional Gazette Number 3408) as amended by Government Regulation No. 43 of 1993 (State Sheet) Republic Of Indonesia 1993 Number 73, Additional State Sheet Number 3536);
DECIDED:
.,, SET: A GOVERNMENT REGULATION ON THE SECOND CHANGE TO GOVERNMENT REGULATION NUMBER 15 OF 1990 ON FISHERIES EFFORTS.
Section 1
Changing some provisions in Government Regulation No. 15 of 1990 on Fisheries Effort 1990 (Indonesian Republic of Indonesia 1990 Number 19, Additional Gazette Number 3408) as amended by Government Regulation No. 43 Years 1993 (sheet State Of The Republic Of Indonesia 1993 No. 73, Additional Gazette Number 3536) as follows:
., 1. The provisions of Article 1 plus the number 13, number 14, number 15 and number 16 so that the entirety of Article 1 reads as follows:
.,,
" Article 1
In this Government Regulation referred to:
., 1. A Fisheries attempt is all individual businesses or legal entities to capture or cultivate fish, including the activities of storing, cooling or preserving fish for commercial purposes.
., 2. The Fisheries Company is a company that conducts Fisheries and is carried out by the Citizen of the Republic of Indonesia or Indonesian legal entity.
3. Fisherman is the person whose livelihood is making fish capture.
., 4. Fish farmers are the ones whose livelihood is making fish-making.
. .5. The Fisheries Service (IUP) is a written permit that the Fisheries Company should have to conduct the Fisheries Company using the means of production set forth in that permit.
., 6. The Foreign Ship Use Agreement (PPKA) is the agreement given to the Fisheries Company which has had IUP to use the Foreign-flagged Fishing Ship in order to cooperation with people or foreign business bodies to capture fish in Indonesia ' s Exclusive Economic Zone (ZEEI).
., 7. A fishing vessel is a ship or boat or other buoyating device that is used to make fishing, including for conducting or exploratory fishing.
., 8. The expansion of Fish Capture Effort is the addition of the number of fishing vessels and or the addition of a type of related business activity that has not been listed in the IUP.
., 9. The expansion of Fish Cultivation Efforts is the addition of land area and or the addition of types of business activities that are not yet listed in the IUP.
., 10. A Fish Arrest Letter (SPI) is a letter that every Indonesian fishing vessel has to undertake to carry out fishing activities in Indonesian Waters and Indonesia's Exclusive Economic Zone (ZEEI) which is not a part of the Indonesian National Food Zone (Indonesian). separated from IUP.
., 11. The Fish Arrest License (SIPI) is a license to be owned every foreign-flagged fishing vessel used by the Indonesian Fisheries Company which has acquired IUP and PPKA to conduct fishing in the Economic Zone. Exclusive Indonesia (ZEEI) and is an inseparable part of the PPKA.
12. The Minister is the Minister in charge of the fisheries field.
., 13. The Indonesian Fishing Vessel and Fish Transport (SIKPPII) is a license that every Indonesian fishing vessel has to have in the Fleet Fish Capture Fleet to perform the capture and transport activities of the fish that are available to the Indonesian National Fish. used by the Fisheries Company.
., 14. The Indonesian Fish Transport Ship (SIKPII) is a permit that every Indonesian fishing vessel has to be held in order to carry out fishing activities used by the Fisheries Company.
., 15. The Foreign Fishing Vessel (SIKPIA) is a permit that every foreign-flagged fishing vessel is used to carry out fishing activities used by the Fisheries Company.
., 16. The Foreign Fishing Vessel (SPKPIA) is a letter of consent that each fishing vessel has to have a foreign flag ship to carry out fishing activities used by the Company's Not a Fisheries Company. "
., 2. In between Section 7 and Section 8 of the new section, Section 7A, Section 7B, Section 7C and Section 7D, which reads as follows:
.,,
" Section 7A
.,, (1) The Indonesian flag fishing vessel used by the Fisheries Company as referred to in Article 6 of the paragraph (1) to capture and or transport fish in ZEEI is required to have the Indonesian Fish and Fish Transport Letter. (SIKPPII).
.,, (2) SIKPPII applies for 3 (three) years for large pelagic and 2 (two) years for small pelagis. "
" Section 7B
.,, (1) The Indonesian flag fishing vessel used by the Fisheries Company as referred to in Article 6 of the paragraph (1) to transport the obligatory fish has the Indonesian Fish Transport Ship License (SIKPII).
(2) SIKPII applies for 3 (three) years. "
" Section 7C
.,, (1) A foreign flag fishing vessel used by the Fisheries Company as referred to in section 6 of the paragraph (1) to transport the obligatory fish has a Foreign Fish Transport Ship Permit (SIKPIA).
(2) SIKPIA is valid for 1 (one) year. "
" Section 7D
.,, (1) The foreign flag fishing vessel used by the Company Not the Fisheries Company as referred to in Article 6 of the paragraph (1) to transport the obligatory fish has a Foreign Fish Transport Vessel Approval Letter (SPKPIA).
(2) The SPKPIA applies for 3 (three) months. "
., 3. The provisions of Article 10 are amended, so that the entirety of Article 10 reads as follows:
.,,
" Article 10
(1) The Governor or Acting Officer delivers:
.,
., a., a. IUP, SPI, SIKPPII and SIKPII to Corporate Fisheries or individuals who carried out fishing over sea areas as far as 12 (twelve) nautical miles measured from coast lines to the high seas and or towards the waters of the islands which The domicile in its administrative region, which uses a motorized Fisheries Ship in a (motor inboard) of no more than 30 GT and or whose engine is no more than 90 horsepower (DK), and bases in the region The administration is not using either capital and nor foreign power.
., b. IUP to the Fisheries Company performing fish-making in fresh water, in brackish water and in the Propinsi marine region that does not use foreign capital and or foreign power.
(2) The Regent/Mayor or his appointment official gives:
.,
., a., a. IUP, SPI, SIKPPII and SIKPII to fisheries companies or individuals who are conducting fishing efforts in the Regency/City marine region domiciled in its administrative region, which uses non-motorized fishing vessels, fishing vessels The outer motor and motor fishing vessel in (the motor) of no more than 10 GT and or the engine is no more than 30 horsepower (DK), and is based in its administrative region as well as not using foreign capital and the aircraft is not available. or foreign power.
., b. IUP to fishery companies or individuals performing fish-making in fresh water, in brackish water, and in the Regency/City areas and not using foreign and foreign capital.
., (3) The Terms of Use of IUP, SPI, SIKPPII and SIKPII as referred to in paragraph (1) and paragraph (2), are governed by the Governor and the Regent/Mayor with guidelines to the Tata Way Granting Permissions that are governed by "Minister."
., 4. The provisions of Article 11 of the paragraph (1) and paragraph (3) are changed, so that the entirety of Article 11 reads as follows:
.,,
" Section 11
., (1) Except for the activities that are the authority of the Governor or the Regent/Mayor as referred to in Article 10, the Minister or his appointed officials provide IUP, SPI, SIKPPII, SIKPII, PPKA, SIKPIA, SPKPIA, and SIPI to The Fisheries Company as referred to in Article 6, Article 7, Section 7A, Section 7B, Section 7C, Section 7D, and Article 9.
.,, (2) The authority granted IUP to the Fisheries Company whose capital planting was carried out in the framework of Law Number 1 of 1970 on the Cultivation Of Domestic Capital as amended by Law Number 12 of the Year 1970 and In the order of Law No. 1 of 1967 on Cultivation Of Foreign Capital as amended by Law No. 11 of 1970 as referred to in paragraph (1) was conferred by the Minister to the Chairman of the Board of Coordinating Capital Planting.
., (3) Terms of the Terms of Use of IUP, SPI, SIKPPII, SIKPII, PPKA, SIKPIA, SPKPIA, and SIPI as referred to in paragraph (1) as well as the devolution of authority to the Chairperson of the Capital Planting Coordination Agency as referred to in paragraph (2) governed by the Minister. "
5. Chapter III title is changed to the following:
.,,
" BAB III
REVOCATION OF IUP, SPI, SIKPPII, SIKPII,
PPKA, SIKPIA, SPKPIA, AND SIPI "
., 6. The provisions of Article 15 of the paragraph (2) plus the letter e and plus 2 (two) verses are verses (3) and verse (4), so that the entirety of Article 15 reads as follows:
.,,
" Article 15
(1) IUP may be revoked by the licensor in terms of the Fisheries Company:
.,
., a., a. Undertaking an expansion of the business without the written consent of the permit; or
., b. Did not deliver a report of attempted 3 (three) times in a row or intentionally delivered a report that was not correct; or
C. Do not perform the provisions set forth in the IUP; or
., d. Transfer the IUPes without the written consent of the permission-giver; or
., e. For 1 (one) consecutive year since IUP was issued not carrying out its business activities.
(2) SPI may be revoked by the permit if:
.,
., a., a. The Fisheries Company does not implement the provisions set forth in the IUP and or SPI; or
., b. Fisheries companies use fishing vessels outside of fishing activities; or
., c. The Fisheries Company no longer uses the Fisheries Ship equipped with such SPI; or
., d. The IUP owned by the Fisheries Company was revoked by the licensor.
., e. The Fisheries Company is found guilty based on a court decision that has had the power of the law to remain.
(3) SIKPPII may be revoked by the permit if:
.,
., a., a. The Fisheries Corporation does not carry out the provisions listed in SPI and or SIKPPII;
., b. The Fisheries Company uses the Fishing Ship beyond the capture and transport activities of the fish;
., c. The Fisheries Company for 1 (one) consecutive year since SIKPPII was issued not carrying out its efforts activities;
D. IUP revoked by the permission-giver;
., e. The Fisheries Company is found guilty based on a court decision that has had the power of the law to remain.
(4) SIKPII may be revoked by the permit if:
.,
., a., a. The Fisheries Company does not carry out the provisions listed in SPI and or SIKPII;
., b. The Fisheries Company uses the Fishing Ship beyond the capture and transport activities of the fish;
., c. The Fisheries Company for 1 (one) consecutive year since SIKPII was issued not carrying out its efforts activities.
D. IUP and or SPI revoked by the permission-giver;
., e. The Fisheries Company is found guilty based on a court decision that has had the power of the law to remain.
(5) SIKPIA may be revoked by the permit if:
., a., a. no longer meets the technical provisions of the Ship;
., b. using the Fish Transport Ship not to load or accommodate or transport the fish;
.,, c. no longer uses the Fish Transport Ship or Fishing Ship in a Fish Capture Fleet Unit equipped with the SIKPIA;
D. IUP and or PPKA are revoked by the permit;
e. used to transport prohibited goods; or
f. not to carry out the provisions set forth in SIKPIA.
(6) The SPKPIA is revoked if it violates the terms applicable to the SPKPIA. "
7. The provisions of Article 17 are changed, so it reads as follows:
.,,
" Article 17
The provisions regarding the retraction of IUP, SPI, SIKPPII, SIKPII, PPKA, SIKPIA, SPKPIA, and SIPI are defined by the Minister. "
Section II
This Government Regulation shall come into effect on the date of the promulctest.
In order for everyone to know it ordered the invitational of this Government Regulation with its placement in the State Sheet of the Republic of Indonesia.
.,, Set in Jakarta
On December 21, 2000
PRESIDENT OF THE REPUBLIC OF INDONESIA,
ABDURRAHMAN WAHID
Promulgated in Jakarta
On December 21, 2000
STATE SECRETARY OF THE REPUBLIC OF INDONESIA,
DJOHAN EFFENDI
