SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 44, 1983 | (JUDICIARY. TERRITORY. The economy. The sea. Fishery. Explanation in the Additional Gazette of the Republic of Indonesia Number 3260) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
NUMBER 5 YEAR 1983
ABOUT
INDONESIA ' S EXCLUSIVE ECONOMIC ZONE
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that on 21 March 1980 had been issued the announcement of the Government of the Republic of Indonesia on the Exclusive Economic Zone of Indonesia;
., b. that improvement of the nation ' s well-being with the use of all available natural resources, both biodiversity and non biodiversity, is the goal and determination of the Government and the Indonesian Nation;
., c. that in order to achieve that goal, the natural resources contained at the bottom of the sea and the ground beneath it as well as the water chambers on it must be protected and managed in a precise, directual and prudent manner;
., d. that all scientific research activities concerning marine in the waters that are under the sovereignty and jurisdiction of Indonesia must be governed and implemented for and in accordance with Indonesian interests;
., e. that the marine environment in the waters that is under the sovereignty and jurisdiction of the Republic of Indonesia must be protected and conserved;
., f. that all natural and non-biological natural resources available in Indonesia's Exclusive Economic Zone are both potential and effective are capital and belonging to the Indonesian Nation in accordance with the Nusantara Insights;
., g. that neither the practice of the state nor the Convention of the Sea Law generated by the United Nations Conperence of the Third Sea Law shows it has diaced the regime of an exclusive economic zone of 200 (two hundred) nautical miles as part of the law The new international sea;
., h. that in conjunction with such matters is necessary to be defined as the basis for the exercise of sovereign rights, other rights, jurisdiction, and obligations of the Republic of Indonesia in the Exclusive Economic Zone of Indonesia;
.,, Given: 1. Section 5 of the paragraph (1), Article 11, Section 20 of the paragraph. (1), and Article 33 of the paragraph (3) of the Basic Law of 1945;
., 2. The Decree of the People's Consultative Assembly of the Republic of Indonesia Number II/MPR/1983 on the Great Lines of the Country's bow;
., 3. Law No. 4 Prp Year 1960 on Indonesian Waters (1960 State Sheet Number 22, Additional Gazette State Number 1942);
., 4. Law No. 44 Prp Year 1960 on the Mining of Petroleum and Earth Gas (1960 State Gazette Number 133, Additional Gazette State Number 2070);
. .5. Law No. 11 of 1967 on the provisions of the Mining Subjects (1967 State Gazette Number 22, Additional Gazette Number 2831);
., 6. Law No. 1 Year 1973 on Continental Shelf Indonesia (1973 State Sheet Number 1, Additional Leaf Country Number 2294);
., 7. Law Number. 8 Years 1981 on Penal Code of Penal Code (State Sheet of 1981 Number 76, Extra State Sheet Number 3209);
., 8. Law No. 4 of 1982 on the provisions of the Environmental Management of the Living Environment (1982 State Sheet Number 12, Extra State Sheet Number 3215);
., 9. Law No. 20 of 1982 on the provisions of the Security Defence of the State of the Republic of Indonesia (State Gazette 1982 No. 51, Additional Gazette Number 3234);
With Approval
THE REPUBLIC OF INDONESIA ' S REPRESENTATIVE COUNCIL
DECIDED:
.,, Setting: LEGISLATION ON INDONESIA ' S EXCLUSIVE ECONOMIC ZONE.
BAB I
UMUM PROVISIONS
Section 1
In this law referred to:
., a., a. Natural natural resources are all kinds of animals and plants including its parts that are on the seafarer and water space of Indonesia's Exclusive Economic Zone;
., b. Natural natural resources are not natural resources that exist on the bottom of the sea and the soil below and the water space of Indonesia's Exclusive Economic Zone;
., c. Scientific research is all activities related to research on all aspects of marine on the surface of the water, water space, seabed, and the soil below in the Exclusive Economic Zone of Indonesia;
., d. Conservation of natural resources are all efforts aimed at protecting and preserving natural resources in Indonesia ' s Exclusive Economic Zone;
., e. The protection and preservation of the marine environment is all efforts aimed at maintaining and maintaining the integrity of marine ecosystems in Indonesia ' s Exclusive Economic Zone.
BAB II
INDONESIA ' S EXCLUSIVE ECONOMIC ZONE
Section 2
Indonesia 's Exclusive Economic Zone is the line outside and borders the Indonesian region' s sea as set forth under applicable legislation on Indonesian waters covering the seabed, the ground under it and the water on it with the outer limit of 200 (two hundred) nautical miles measured from the seafloor region of the Indonesian region.
Section 3
.,, (1) If Indonesia ' s Exclusive Economic Zone overlaps with the exclusive economic zone of countries whose shores are facing each other or side by side with Indonesia, then the exclusive economic zone boundary between Indonesia and the country established with approval between the Republic of Indonesia and the country in question.
.,, (2) During approval as referred to in paragraph (1) not yet and there are special circumstances that need to be considered, then the exclusive economic zone boundary between Indonesia and the country is the middle line or the same line. distance between the base lines of the Indonesian region or the external points of Indonesia and the base lines of the region or the outermost points of the country, unless the country has been reached by the consent of the arrangement while related to the limits of Indonesia 's Exclusive Economic Zone' s intent.
BAB III
SOVEREIGN RIGHTS, OTHER RIGHTS, JURISDICTION
AND OBLIGATIONS
Section 4
.,, (1) In Indonesia ' s Exclusive Economic Zone, the Republic of Indonesia has and carries out:
.,
., a., a. Sovereign rights to conduct exploration and exploitation, the management and conservation of natural and non-biological natural resources from the seabed and the ground under it and the water on it and other activities for exploration and economic exploitation. The zone, like the power generation of the water, the current and the wind;
B. Jurisdictions that relate to:
.,
.,, 1. the manufacture and use of artificial islands, installations and other buildings;
2. Scientific research on marine;
3. The protection and preservation of the taut environment;
., c. Other rights and other obligations under the prevailing Sea Law Convention.
., (2) As long as the base with the bottom of the sea and the ground under it, the sovereign right, other rights, jurisdiction and obligations of Indonesia as referred to in paragraph (1) is exercised according to the laws of the Continental Shelf Indonesia, the agreement between the Republic of Indonesia and the neighboring countries and the provisions of international law-(3) in Indonesia's Exclusive Economic Zone, freedom of international shipping and aviation and freedom. the installation of cables and undersea pipes is recognized according to the principles International maritime law is in effect.
BAB IV
ACTIVITIES IN THE ZONE
INDONESIA ' S EXCLUSIVE ECONOMY
Section 5
.,, (1) By not reducing the provisions of Article 4 of the paragraph (2), the goods of which conduct exploration and/or exploitation of natural resources or other activities for exploration and/or economic exploitation such as power generation of the water, current and the wind in Indonesia ' s Exclusive Economic Zone, must be based on the permission of the Government of the Republic of Indonesia or based on international approval with the Government of the Republic of Indonesia and executed according to the terms of consent or consent The international.
.,, (2) By not reducing the provisions of paragraph (1), exploration and/or exploitation of natural resources must comply with the provisions of the management and conservation established by the Government of the Republic of Indonesia.
.,, (3) By not reducing the provisions of Article 4 paragraph (2), the exploration and exploitation of a natural resource in certain areas in Indonesia ' s Exclusive Economic Zone by people or the Foreign Country Government or Government of Foreign Countries may be permitted if The number of catches allowed by the Government of the Republic of Indonesia to this type exceeds Indonesia's ability to exploit it.
Section 6
Whoever makes and/or uses artificial islands or installations or other buildings in Indonesia ' s Exclusive Economic Zone must be based on the permission of the Government of the Republic of Indonesia and executed according to the terms of The permissions.
Section 7
Whoever conducts scientific research activities in Indonesia ' s Exclusive Economic Zone must obtain the approval first of and executed under the terms set by the Government of the Republic of Indonesia.
Section 8
., (1) Whoever conducts activities in Indonesia ' s Exclusive Economic Zone, it is mandatory to undertake measures to prevent, limit, control and mitigate the pollution of the marine environment.
.,, (2) Exiles in Indonesia ' s Exclusive Economic Zone can only be done after obtaining the permission of the Government of the Republic of Indonesia.
BAB V
INDEMNATION
Section 9
Whoever performs actions that are contrary to the provisions of the laws of the Republic of Indonesia and the international law of the artificial islands, installations and other buildings in the Indonesia ' s Exclusive Economic Zone and resulting in losses, are obliged to assume responsibility and pay damages to the owners of the artificial islands, installations and other buildings.
Section 10
By not reducing the provisions of Article 7, anyone in Indonesia ' s Exclusive Economic Zone performs acts that are contrary to the provisions of the laws of the Republic of Indonesia and the international law applicable in the the field of scientific research on marine and resulting loss, is obliged to assume responsibility and pay damages to the Republic of Indonesia.
Section 11
.,, (1) By not reducing the provisions of Article 8, and with regard to certain maximum indemnable limits, anyone in Indonesia ' s Exclusive Economic Zone led to the pollution of the marine environment and/or destruction of the natural resources shoulder to shoulder. the absolute responsibility and pay for the rehabilitation costs of the marine environment and/or the natural resources available immediately and in sufficient quantities.
.,, (2) are excluded from absolute responsibility as referred to in paragraph (1), if the concerned may prove that the pollution of the marine environment and/or destruction of the natural resources occurred because:
., a., a. the result of a natural event that is beyond its capabilities;
., b. damages entirely or in part, caused by third party acts or omisuits.
., (3) The form, type and magnitude of loss arising as a result of the pollution of the marine environment and/or destruction of natural resources is set based on the results of ecological research.
Section 12
The provisions of the maximum indemnable limit, the manner of the ecological research and the prosecutions of such damages in Section 11 are governed in the laws as referred to in Article 20.
BAB VI
LAW ENFORCEMENT
Section 13
In order to exercise sovereign rights, other rights, jurisdiction and obligations as referred to in Article 4 of the paragraph (1), the law enforcement apparatus of the Republic of Indonesia authorities, may take appropriate enforcement actions. with Law No. 8 of 1981 on the Criminal Event Law Code, with the exception as follows:
.,, (a) The arrest of the ship and/or the persons suspected of committing a breach in Indonesia ' s Exclusive Economic Zone covering the termination of the ship until it was stormed by the ship and/or those people diports where the matter It may be further processed;
., (b) Surrender of ships and/or such persons must be performed as quickly as possible and may not exceed the term of 7 (seven) days, unless there is a state of force majeure;
.,, (c) For the benefit of detention, a criminal offence set forth in Article 16 and Article 17 including in the group of criminal acts as referred to in Article 21 of the paragraph (4) of the Law Number 8 of the Year of 1981 on the Code of Law of Law Criminal event.
Section 14
.,, (1) The enforcement of law enforcement in the area of inquiry in Indonesia ' s Exclusive Economic Zone is the Indonesian National Army Officer of the Navy appointed by the Commander in Chief of the Armed Forces of the Republic of Indonesia.
.,, (2) The general prosecution is the prosecutor on the court of the state as referred to in verse (3).
.,, (3) The court that authorities prosecute violations of the provisions of this Act is a state court whose legal area includes the port where the detentions of the ship and/or persons as contemplated in the Chapter 13 letter a.
Section 15
.,, (1) The request to free the ship and/or persons arrested for being charged with violation of this law or the laws issued under this Act, may be carried out any time before any decision from a competent court of state.
.,, (2) The request for exemption as referred to in paragraph (1), may be granted if the applicant is already handing over a proper amount of guaranteed money, which his suppressors are committed by the competent court of state.
BAB VII
CRIMINAL PROVISIONS
Section 16
., (1) Whoever commits acts contrary to the provisions of Article 5 of the paragraph (1), Section 6, and Article 7 are convicted of a criminal fine of Rp225,000,000,-(two hundred twenty-five million rupiah).
.,, (2) The Judge in its decision may set a perversion to the results of the activities, ships and/or other equipment tools used to commit such felon in paragraph (1).
., (3) Whoever intentionally commits acts that causes damage to the environment and/or ridiculed the environment in Indonesia ' s Exclusive Economic Zone, threatened with a criminal in accordance with the laws of the It applies to the living environment.
Section 17
Whoever damages or exterminates the evidence used to commit a criminal offence, as referred to in Article 16 of the paragraph (1), in order to prevent the seizure measures against such goods in time. There was an examination, convicted of a criminal fine-high of Rp75,000,000,-(seventy-five million rupiah).
Section 18
The criminal acts as referred to in Article 16 and Section 17 are crimes.
BAB VIII
THE TRANSITION PROVISION
Section 19
All the provisions governing the exploration and exploitation of natural resources, created before the promulgations of this law, remain in effect until a change is set by the laws of the law. based on this legislation.
BAB IX
CLOSING PROVISIONS
Section 20
.,, (1) the implementation of provisions in this Act is set further in other laws.
.,, (2) The Regulation of the Government governing the implementation of the provisions of this Act may list the criminal fines of the highest Rp75,000,000,-(seventy-five million rupiah) against the violation of its provisions.
Section 21
This law goes into effect on the promulgated date.
In order for everyone to know it, order the invitational of this legislation with its placement in the Republic of Indonesia Gazette.
.,, Dislocated in Jakarta
on October 18, 1983
PRESIDENT OF THE REPUBLIC OF INDONESIA,
SUHARTO
Promulgated in Jakarta
on October 18, 1983
MENTERI/SECRETARY OF STATE
REPUBLIC OF INDONESIA,
SUDHARMONO, S.H.
