Regulation Of The Minister Of Transportation Number Pm 93 2013

Original Language Title: Peraturan Menteri Perhubungan Nomor PM.93 Tahun 2013

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BN 1523-2013. doc REPUBLIC INDONESIA No. 1523, 2013 the MINISTRY OF TRANSPORTATION. Ocean Freight. Providence. Concession. REGULATION of the MINISTER of TRANSPORT of the REPUBLIC of INDONESIA NUMBER PM 93 2013 ABOUT ORGANIZING and CONCESSIONS of OCEAN FREIGHT with the GRACE of GOD ALMIGHTY MINISTER of TRANSPORT of the REPUBLIC of INDONESIA, Considering: that in order to implement the provisions of article 10, article 19, article 28, article 34, article 38, article 42, article 44, article 51, article 74, article 76, article 78, article 98, article 102, article 165, section 183 , Chapter 190, article 201, and section 206 Government Regulation Number 20 of 2010 about transport in aquatic, need to set Rules of conduct of the Minister of transportation and ocean freight Concession; Remember: 1. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437) as amended by law number 12 of the year 2008 (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844); 2. Act No. 17 of 2008 about the voyage (Gazette of the Republic of Indonesia Number 64 in 2008, an additional Sheet of the Republic of Indonesia Number 4849); www.djpp.kemenkumham.go.id 2013, no. 1523 2 3. Government Regulation Number 51 in 2002 about Shipping (State Gazette of the Republic of Indonesia Number 95 in 2002, an additional Sheet of the Republic of Indonesia Number 4227); 4. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance and local governance of the province, Kabupaten/Kota (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737); 5. Government Regulation number 6 in 2009 about the type and price of the Above types of Acceptance State Tax is not applicable to the Department of transportation (State Gazette of the Republic of Indonesia number 19 in 2009, an additional Sheet of the Republic of Indonesia Number 4973); 6. Government Regulation Number 61 in 2009 about the Kepelabuhanan (State Gazette of the Republic of Indonesia Number 151 in 2009, an additional Sheet of the Republic of Indonesia Number 5070); 7. Government Regulation number 5 in 2010 of Kenavigasian (State Gazette of the Republic of Indonesia number 8 in 2010, an additional Sheet of the Republic of Indonesia Number 5093); 8. Government Regulation Number 20 of 2010 on waters Transport (State Gazette of the Republic of Indonesia number 26 of 2010, an additional Sheet of the Republic of Indonesia Number 5108) as amended by the Government Regulation number 22 in 2011 (the State Gazette of the Republic of Indonesia Number 43 in 2011, an additional Sheet of the Republic of Indonesia Number 5208); 9. Government Regulation Number 21 of 2010 on the protection of the maritime Environment (State Gazette of the Republic of Indonesia Number 27 of 2010, an additional Sheet of the Republic of Indonesia Number 5109); 10. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries as amended several times, the last presidential regulation Number 55 by 2013; www.djpp.kemenkumham.go.id 2013, no. 1523 3 11. Presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries as well as the Organization, duties, and functions of the Echelon I Ministries as amended several times, the last presidential regulation Number 38 by 2013; 12. Regulation of the Minister of transportation KM Number 45 in 2009. about implementation of the Instructions the type and price of the Above types of Acceptance State Tax is not applicable to the Directorate General of Sea Transportation as amended by regulation of the Minister of transportation KM Number 68 in 2010; 13. The regulation of the Minister of transportation Number KM 60 of 2010 about the Organization and the work of the Ministry of transportation; 14. Regulation of the Minister of transportation KM Number 62 in 2010 about the Organization and the Work Unit Office Organizers Port as amended by regulation of the Minister of transport of PM Number 44 in 2011; 15. Regulation of the Minister of transport of PM Number 35 in 2012 about the Organization and the Work of the Office of the main Port Authorities; 16. Regulation of the Minister of transportation Number am 36 year 2012 about the Organization and the Work of the Office of the Port Authority and Kesyahbandaran; Decide: Define: MINISTER Of TRANSPORTATION RULES ABOUT CONDUCTING And OCEAN FREIGHT BUSINESS. CHAPTER I GENERAL PROVISIONS article 1 In this ministerial regulation is: 1. Ocean freight transport activity is according to its activities serve the ocean freight activities. www.djpp.kemenkumham.go.id 2013, no. 1523 4 2. Ocean freight Domestic freight activity is conducted at sea territorial waters of Indonesia organized by national sea transport companies. 3. Ocean freight activities abroad is ocean freight from the ports or terminals which are open to foreign trade to the port of a foreign country or from a foreign port to port or terminal special Indonesia open to foreign trade conducted by sea transport companies. 4. Ocean freight transport activity is Specifically to serve the interests of his own business in supporting the effort anyway. 5. Ocean Freight Shipping-business people is the people that is traditional and has its own characteristics to carry out transportation in waters with the use of sailing boat, sailing boat, motor and/or simple motor boat with Indonesia flagged a certain size. 6. Shipping company-the people's transportation company was incorporated the Indonesia law of the sea in its business activities by using the sailing boat, sailing boat, motor and/or motor boat with a certain size. 7. Shipping-freight service was a pioneer in the waters on route-routes that are assigned by the Government to serve the area or areas that have not been or are not served by the aquatic transportation because the commercial benefit. 8. Assignment of ocean freight activities is provided by the Government and/or regional Governments and carried out by national sea transport company and costs provided by the Government and/or regional governments amounting to the difference between production costs and Government rates and/or local governments as public service obligations. 9. Ships are vehicles with water forms and a certain type of, which is driven by mechanical power, wind power, energy more, pulled or postponed, including the vehicle that empowered support dynamic, vehicles under the surface of the water, as well as buoyant and floating buildings that are not sedentary. 10. Ships of Indonesia Flagged ships have been registered is in the list of Indonesia vessel. 11. Foreign Ships are flagged vessel in addition to flags of Indonesia and not recorded in the list of Indonesia vessel. www.djpp.kemenkumham.go.id 2013, no. 1523 5 12. National Agency company Ship is a business entity specifically established for the activities of the Agency. 13. The National Sea transport company ocean freight company is incorporated the law of Indonesia which undertake activities ocean freight within the territorial waters of Indonesia and/or port to and from abroad. 14. Public Agency is the national sea transport company or national company specifically for doing business the Agency Board, appointed by the foreign sea transport companies to take care of the interests of their ships while in Indonesia. 15. Sub Agent is national sea transport company or national company specifically for ship agents doing business in the port or terminal specific designated by public agents. 16. The network of Routes is a collection of routes into one unitary passenger transport services and/or goods from one port to another port. 17. Fixed and regular Route (Liner) is a transport service is carried out on a permanent basis and regularly scheduled and harbor with a stopover. 18. Routes and Irregular (Tramper) is a transport service is carried out is not fixed and irregular. 19. the routes of diversion or Deviation is not a compulsory stopover ports winds set in the network routes. 20. Omisi is leaving or not mandatory layover Harbor winds are defined in network number. 21. Substitution is the replacement of the vessel on a fixed and regular routes that have been set previously. 22. The port is made up of land and/or waters with a certain boundaries as the place of the activity of Government and business activities to be used as a place to ship lean, up and down passengers, and/or loading and unloading goods, such as terminals and berths vessels equipped with the safety and security of shipping and ancillary activities of the port as well as the place of displacement of intra-and antarmoda transport. 23. The main port is the port the function anyway serves ocean freight activities domestically and internationally, over the unloading of ocean freight in domestic and international services in bulk, www.djpp.kemenkumham.go.id


2013, no. 1523 6 and as a place of origin for the purpose of passenger and/or freight transport, as well as the crossing of the antarprovinsi service range. 24. Port a port is a function of the Spooler anyway serving domestic sea transport activities, instead of unloading of ocean freight in the country in the number of medium, and as the place of origin for the purpose of passenger and/or freight transport, as well as the crossing of the antarprovinsi service range. 25. The feeder Port is the port that is the function of transport serve anyway the inland sea, over the unloading of ocean freight in the country in limited quantities, is a feeder to the main port and the port of hunter-gatherers, and as a place of origin for the purpose of passenger and/or freight transport, as well as crossings with the range of services in the province. 26. Sea port is a port that can be used to serve the activities of ocean freight and/or transport crossings located at sea or in rivers. 27. The Port Authority (Port Authority) is a government body in the harbor as authorities carry out the function settings, control, and supervision of the activities of kepelabuhanan are cultivated commercially. 28. The Unit's Organizers of the port is a government body in the harbor as authorities carry out the function settings, control, supervision of the activities of the kepelabuhanan, and the granting of kepelabuhanan services for ports that have not been commercially cultivated. 29. The representative of the foreign Sea transport company (owner's Representative) is a business entity or individual citizen of Indonesia or individual foreign citizens appointed by the foreign sea transport companies overseas to represent his interests in Indonesia. 30. The foreign Sea transport company ocean freight company is incorporated foreign law his conducting ocean freight to and from the port or terminal special Indonesia open to foreign trade to and from overseas ports. 31. The activities of loading and unloading are activities that engaged in loading and unloading of goods to and from the ships in the harbor that includes stevedoring activities, cargodoring, and receiving/delivery. 32. Stevedoring is a job unpacking from the ship to the dock/barge/truck or load goods from the docks/barge/truck into a boat up to 2013, www.djpp.kemenkumham.go.id arranged no. 1523 7 in the hold of the ship using the ship's crane or crane. 33. Cargodoring is the work of releasing goods from ropes/nets-nets (ex tackle) on the dock and hauled from the dock to the warehouse/field stacking of goods or otherwise. 34. Receiving/Delivery is the work of moving goods from the cover of the buildup in the warehouse/field buildup and submit to arranged on top of the vehicle at the entrance of the warehouse/field buildup or vice versa. 35. Operating Permit is a permission granted to implementers of activities specifically related to ocean freight operation of their ships to support the effort anyway. 36. the Individual citizen of Indonesia is the individual person (person) who is eligible to seek in the field of ocean freight shipping-folk. 37. The rate of the Non-Class Services Economy is service-oriented transport fares to the survival and development of transport undertakings in order to improve the quality of service as well as the expansion of ocean freight services network. 38. The balance of demand and the availability of the room is the attainment of service on a route which can be measured by the level of load factor (load factor). 39. The long-term contract is for a period of at least 5 (five) years which is intended to provide a guarantee in order to transport company which organizes Sea cruise-pioneer can do a rejuvenation of the ship. 40. The document Payload is manifest or bill of lading and a manifest. 41. Container Stuffing is the work load of goods from a specified place into crates. 42. Stripping Crates is a job of unpacking in the crates up to compose in the appointed place. 43. The stuff is all kinds of commodities including cattle unloaded/loaded to and from the ship. 44. The Central Government, hereinafter referred to as the Government is the President of the Republic Indonesia holds the authority the Government of the Republic of Indonesia as stipulated in the Constitution of the Republic of Indonesia in 1945. www.djpp.kemenkumham.go.id 2013, no. 1523 8 45. The local government is the Governor, Governor, or mayor, and other areas as the organizer of local governance. 46. Indonesia legal entity is a business entity that is owned by the State/private and/or cooperative. 47. The Director-General is the Director General of Sea Transportation. 48. The Minister is the Minister of transportation. 49. The Governor is the head of region for the province. 50. The Regent or Mayor is the head of the County to the county or city. CHAPTER II ORGANIZATION of the OCEAN FREIGHT Section I General article 2 ocean freight consists of: a. the domestic sea transport; b. foreign sea transport; c. Special sea transport; and d. ocean freight shipping-folk. The second part of domestic Sea Transport article 3 domestic Sea Transport activities include: a. ocean freight routes in the country; b. the operation of vessels on the network routes; and c. ocean freight ship agency in the country. Article 4 (1) ocean freight domestic Activities carried out by the national sea transport companies using the flagged ship Indonesia and manned by the crew of the nation of Indonesia. (2) the activities of domestic sea transport as referred to in subsection (1) done to transport and/or move www.djpp.kemenkumham.go.id 2013, no. 1523 9 passengers and/or goods antarpelabuhan the sea as well as other activities that use ships in the territorial waters of Indonesia. Paragraph 1 ocean freight Routes In the country article 5 (1) ocean freight domestic Activities implemented with a fixed and regular route and/or the number is not fixed and irregular. (2) the activities of ocean freight in the country serving a fixed and regular route referred to in subsection (1) is done in fixed route network and regular sea transport within the country. (3) fixed route Network and regular domestic sea transport as referred to in paragraph (2) are assigned by the Director General. Paragraph 2 of the Ordinance setting of ocean freight Route Network In the country article 6 (1) fixed route Network and regular domestic sea transport drawn up having regard to: a. the development of a Centre for industry, trade and tourism; b. development of the region and/or region; c. General spatial plan; d. alignment of intra-and antarmoda transportation; and e. the embodiment of insight into the archipelago. (2) preparation of fixed route network and regularly conducted jointly by the Government, local governments, and the Association of national sea transport company with attention to input user Association ocean freight services. (3) a fixed and regular route Network as referred to in paragraph (2) was compiled on the basis of: a. a fixed and regular route plans submitted by national sea transport company to the Minister; b. the proposed route from the Government; c. proposed routes from local governments; and d. the proposed route of the national sea transport companies Association. www.djpp.kemenkumham.go.id 2013, no. 1523 10 (4) preparation of a fixed and regular route network as referred to in paragraph (2) coordinated and results set out by the Director General. Article 7 fixed route Network and regular set, described in the network map routes and promulgated by the Director General in the coordination forum of information load and space ships (IMRK) or print and/or electronically. Article 8 (1) of the national sea transport company that will operate on routes that have not been set in the network routes mentioned in article 6 paragraph (4), must notify the plan of the fixed route and regularly to the Director General. (2) a fixed and regular route Plan referred to in subsection (1) which has not been set in the network routes are convened by the Director General for the preparation of the network routes. (3) based on a fixed and regular route plan referred to in subsection (2), the Director-General to evaluate and define additional fixed route network and regularly at least every 6 (six) months. (4) the Director-General to coordinate the evaluation of fixed and regular route network as referred to in article 6 paragraph (4) and article 8 paragraph (3) within a period of not longer than 2 (two) years. (5) the results of the evaluation as referred to in paragraph (4) was set by the Director General. Article 9 (1) the addition of a fixed and regular route network can be done on the basis of a proposal from the Government, local governments, and the Association of national sea transport company by adding 1 (one) or more new routes. (2) the addition of a fixed route and fixed route network regularly and regularly referred to in subsection (1) done having regard to: a. the existence of potential sea transport needs with a decent payload factor estimates and continuously indicated by data and information growth economy, trade as well as the level of mobility of the population; www.djpp.kemenkumham.go.id


2013, no. 1523 11 b. the availability of adequate port facilities or other locations designated for loading and unloading activities of goods and up/down passengers who can guarantee the safety of the cruise; and c. the input of users of marine transport association. (3) the addition of a fixed and regular route network as referred to in paragraph (1) may strengthen the level of connectivity within. (4) the addition of a fixed and regular route network as referred to in paragraph (1) be evaluated jointly by the Government, local governments, and the Association of national sea transport companies. (5) the addition of a fixed and regular route network as referred to in paragraph (1) established by the Director General. Paragraph 3 of the Ordinance to the operation of the vessel On a fixed Route and regular Domestic Marine Transport article 10 (1) of the national sea transport company that will operate on fixed routes and regular mandatory reporting plan the operation of their ships to the Director-General every 3 (three) months. (2) operation of ship plans Report on fixed routes and regularly referred to in subsection (1) is signed by the Board of Directors and delivered the longest fourteen (14) working days before the vessel is operated using the format example 1 in the appendix that is part an integral part of the regulation of the Minister of transportation. (3) operation of ship plans Report on fixed routes and regularly referred to in subsection (1) is delivered with the attach: a. a copy of the Business Licence of marine transport companies (SIUPAL); b. a copy of the technical specifications of the vessel issued by the Director General; c. a copy of the answer to the approval of the operation of the ship and the ship's operation realization report (voyage report) that last for a ship that has been in operation; d. the plan the schedule of arrivals and departures of ships in every harbour in transit; and www.djpp.kemenkumham.go.id 2013, no. 1523 12 e. copy of lease, rent (charter), and the designation of the operation of the vessel for ships that are not the property of the national sea transport company which operates the ship. (4) the Director General gave approval of ship operations plan report on fixed routes and regularly to the national sea transport company in writing within three (3) working days since the receipt of the report. (5) the Format of the consent referred to in subsection (4) to use example 2 on the attachment that is part an integral part of the regulation of the Minister of transportation. (6) the national sea transport company must operate their ships on fixed routes and regular who had operated for a period of at least 6 (six) consecutive months. (7) the national sea transport companies as referred to in subsection (1) is required: a. the operation of the plan reported his ship on a fixed and regular route to the Director-General; b. schedule of arrival and departure of ships to the community; and c. Announces rates for passenger ships. (8) the national sea transport company which operates a fixed route on his ship and regularly referred to in subsection (1) is obligated to submit a report: a. the plan of arrival and/or departure of the vessel to Port, Organizer LK3 using the format Example 3a, 3b, and 3 c Example on Attachment that is part an integral part of the regulation of the Minister of transportation; b. realization of the operation of the vessel (voyage report) to the Director General for ships with a fixed and regular route every 6 (six) months, using the format of example 4 in the annex which is an integral part of part of the regulation of the Minister of transport; and c. the annual activities of the company to the Director General at least early March in the current year which is a recapitulation of the realization of the operation of a ship report (voyage report), using the format Example 5a, 5b, 5 c Example Example Example Example 5 d, 5e, 5f and examples on the attachment that is part an integral part of the regulation of the Minister of transportation. www.djpp.kemenkumham.go.id 2013, no. 1523 13 article 11 (1) the Bupati/Walikota delivered a report to the Governor over the results of the evaluation of the operation of the vessel on a fixed and regular routes on cross harbour within the kabupaten/kota in its territory for at least 6 (six) months. (2) the Governor delivered a report to the Director General over the results of the evaluation of the operation of the vessel on a fixed and regular routes on cross harbour antarkabupaten/city in the province on its territory for at least 6 (six) months. (3) the Director General do the evaluation of the operation of the vessel on a fixed and regular route as stipulated in article 10 paragraph (8) of the letter b and article 11 paragraph (2) within a period of not longer than 2 (two) years. (4) the organizers of the port to conduct surveillance against the operation of the vessel on a fixed route and regularly and report to the Director General for at least three (3) months. Article 12 (1) of the national sea transport company which operates a fixed route on his ship and regularly on an ongoing basis can be given incentives in the form of: a. awarding priority recliner; b. provision of appropriate routes of the bunker and the number of days the screen; and c. the tariff relief services kepelabuhanan. (2) the price of the service kepelabuhanan as referred to in paragraph (2) Letter c covers: a. service tariff labuh; b. the docking services tariffs; and c. the rate service delays. (3) kepelabuhanan services rates Quantities as referred to in paragraph (2) is determined by the business entity the port or the port based on the provisions of the Organizer Unit regulations. Article 13 (1) under certain circumstances, national sea transport company operated the boat at fixed and regular route can do diversion routes in the form of deviations and omisi. www.djpp.kemenkumham.go.id 2013, no. 1523 14 (2) the circumstances referred to in subsection (1) done with the terms: a. for the vessels who obtain operating subsidies/assignment with funds from the budget of the State Expenditures and Revenues, the deviation is done when the ship that operated on a specified route used to transport the importance assigned by the State; b. omisi done if: 1. the ship has a full charge from the port earlier in the a routes concerned; 2. not available charge on the next port; or 3. bad weather conditions at the destination port. c. in addition to the deviation and omisi for conditions such as on the letter a and letter b, deviation and omisi can also be awarded for specific circumstances such as a natural disaster, accidents at sea, the ship's damage that requires repairs immediately, the social unrest that impact nationwide, and the country in danger after the official stated by the Government as well as the period of peak transport lebaran, Christmas, and new year's. (3) approval of the deviation and omisi as referred to in paragraph (2) letter a and letter b number 1 and number 2 is given after sea transport companies submit a report that supported the reason/consideration of application for the approval of the deviation and omisi. (4) the national sea transport company that does the deviation and omisi as referred to in subsection (1) must report to the Director General by using the format Examples 6 and 7 in the appendix that is part an integral part of the regulation of the Minister of transportation. (5) the report deviations or omisi as referred to in paragraph (3), delivered the longest of three (3) working days before the vessel did a deviation or omisi. (6) the report deviations or omisi as referred to in paragraph (2) letter b number 3, delivered the longest 3 (three) business days after the ship doing the deviation or omisi by attaching a description of relevant authorities. (7) the Director General gave approval of the deviation and omisi reports to the national sea transport companies using the format Examples 8 and 9 in the annex which is an integral part of part of a regulation of the Minister of www.djpp.kemenkumham.go.id


2013, no. 1523 15 Nexus is the longest of three (3) working days since the receipt of the report from the national sea transport companies. (8) the approval of the deviation and omisi given for 1 (one) time cruise. (9) in addition to doing the routes of irregularities as referred to in paragraph (1), the national sea transport company that has operated the boat at fixed and regular route can do the replacement or substitution. (10) the replacement Report (substitution) of the ship referred to in subsection (9), reported by the national sea transport company to the Director General of the longest 3 (three) working days before the vessel replacement is done by using the Sample format of the Attachment that is part an integral part of the regulation of the Minister of transportation. (11) the Director-General gave approval of the replacement vessel to sea transport companies nationwide using the format Example 11 in the appendix that is part an integral part of the regulation of the Minister of transportation is the longest of three (3) working days since the receipt of the report from the national sea transport companies. (12) the organizers of the port to conduct surveillance against deviation, omisi, and substitution as well as reporting to the Director General at least 3 (three) months. Article 14 (1) of the national sea transport companies that will perform the addition operation of ships on the routes of fixed and regular mandatory reporting to the Director General at least fourteen (14) working days before the vessel is operated by using the Sample format 12 on Attachment that is part an integral part of the regulation of the Minister of transportation. (2) reports the addition operation of the ship referred to in subsection (1), delivered by attaching a recommendation from organizers of the port of origin or destination port of Organizer carries data and evaluation of the realization of the transport on the routes anyway and regularly referred to in subsection (1) for 6 (six) months. (3) in the case of the petition report the addition operation of the ship is denied, the Director General is obligated to give an answer in writing no later than 7 (seven) working days after the application is received by the reasons for refusal. www.djpp.kemenkumham.go.id 2013, no. 1523 16 (4) of the petition that was denied as referred to in paragraph (3) may be brought back after the requirements are equipped. (5) the Director-General gave approval of the addition operation of ships on the routes anyway and regularly referred to in subsection (1) after the evaluation over the balance of the capacity of the room is available with transport request using the format Example 13 in the Annex which is an integral part of part of the regulation of the Minister of transport. (6) Upon the addition operation of ships on the routes anyway and regularly referred to in subsection (1), the Director-General to evaluate and define the addition operation of ships on the routes of fixed network and regularly at least every 6 (six) months. Paragraph 4 of the Ordinance to the operation of Vessels on the Route is not fixed and irregular Domestic Sea Transport of article 15 (1) of the national sea transport company that will operate on routes and irregular as stipulated in article 5 clause (1) mandatory reporting plan the operation of their ships to the Director-General every 3 (three) months using the format Example 14 on Attachment that is part an integral part of the regulation of the Minister of transportation. (2) the ship's operation plan Report on the routes are not fixed and are not regularly referred to in subsection (1) is signed by the Board of Directors and submitted no later than fourteen (14) working days before the vessel is operated. (3) Report on ship operation plan routes and irregular as referred to in paragraph (2) presented by attaching: a. a copy of the certificate of safety and security of the ship; b. a copy of the certificate of the classification of klas recognized Government; c. report on the realization of the operation of the ship (voyage report) in a period of 3 (three) months before; and d. a list of crew members. (4) the Director General gave approval of the report on ship operation plan routes and irregular to www.djpp.kemenkumham.go.id 2013, no. 342 of 17 national sea transport company at least 3 (three) working days after receiving the plan of operation of the vessel referred to in subsection (3) by using the format Examples 15 on Attachment that is part an integral part of the regulation of the Minister of transportation. (5) the national sea transport companies can apply for the addition of ports in transit by using the Sample format 16 on Attachment that is part an integral part of the regulation of the Minister of transportation. (6) the Director-General gave approval of the addition of the port operation of ship plans a stopover on routes not fixed and not regularly at least 3 (three) working days to the national sea transport companies using the format Example 17 on Attachment that is part an integral part of the regulation of the Minister of transportation. Article 16 national sea transport companies who operate their ships on the routes are not fixed and irregular is obligated to submit a report: a. the plan of arrival and/or departure of the vessel to Port, Organizer LK3 using the format Example 3a, 3b, and 3 c Example on Attachment that is part an integral part of the regulation of the Minister of transportation; b. realization of the operation of the vessel (voyage report) to the Director General for ships with no fixed route and not regularly every 3 (three) months, using the format of example 4 in the annex which is an integral part of part of the regulation of the Minister of transport; and c. the annual activities of the company to the Director General of the longest-running in early March which is a recapitulation of the realization of the operation of a ship report (voyage report), using the format Example 5a, 5b, 5 c Example Example Example Example 5 d, 5e, 5f and examples on the attachment that is part an integral part of the regulation of the Minister of transportation. Article 17 the national sea transport companies who operate their ships on the routes of irregular and disorganized as stipulated in article 15 paragraph (1) may only be transporting loads: a. goods bulk dry and liquid bulk; b. items are similar; or www.djpp.kemenkumham.go.id 2013, no. 18 c 1523. goods which are not similar to support specific activities include offshore transportation activities or to support a particular project more. Article 18 (1) of the national sea transport companies who operate their ships on the routes of irregular and disorganized as stipulated in article 17 public goods charge can carry when not available the appropriate needs of the ship on purpose and the same time that operate at a fixed and regular route. (2) the national sea transport companies who operate their ships on the routes of irregular and disorganized that will transport the public goods charge may file reports adding urgency to charge the Director General at least fourteen (14) working days before the vessel is operated, using the format of the Example in the appendix that is part an integral part of the regulation of the Minister of transportation. (3) in the case of application for the addition of report urgency charge was rejected, the Director General is obligated to give an answer in writing the longest 7 (seven) working days after the application is received as intended in paragraph (2) and the reasons for rejection. (4) the petition that was denied as referred to in paragraph (3) may be brought back after fulfilling the requirements. (5) the Director-General gave approval upon petition report the addition of urgency the charge on the routes of irregular and disorganized after the evaluation conducted over the balance of the capacity of the room is available on request to transport different types of payloads to be transported, using the format Example 7 in the appendix that is part an integral part of the regulation of the Minister of transportation. The third part of foreign Sea Transport article 19 ocean freight overseas activities include: a. routes of foreign sea transport; b. cross-border sea transport; c. General ship agents of foreign sea transport; and d. ocean freight company representative. www.djpp.kemenkumham.go.id


2013, no. 1523 19 Paragraph 1 Sea Transport Routes Abroad article 20 (1) ocean freight Activities from and to foreign countries is done by the national sea transport company and/or the company sea foreign freight vessel flagged Indonesia and/or foreign ships. (2) the activities of ocean freight from and to foreign countries as referred to in subsection (1) done from: a. port or special terminals which are open to foreign trade to foreign ports; or b. the foreign port to port or special terminals which are open to foreign trade. (3) the activities of ocean freight from and to foreign countries as referred to in paragraph (1) may be made with a fixed and regular route as well as routes are not fixed and irregular. (4) determination of ocean freight route from and to foreign countries on a permanent basis and regular as well as irregular and disorganized as referred to in paragraph (3) was conducted by the national sea transport company and/or the company sea foreign transportation. Paragraph 2 of the Ordinance to the operation of Vessels At Sea Transport Routes Abroad Article 21 (1) placement of ships to operate on the routes of sea transport from and to foreign countries on a permanent basis and regular as well as irregular and not regularly carried out by the national sea transport company and/or the company sea foreign transportation. (2) the national sea transport company and/or sea transport companies that operate foreign ships to and from the ports or terminals are open to foreign trade on a permanent basis and regular, mandatory delivered a written notice of the plan and the realization of the operation of a ship which has been operated on a permanent basis and regularly to the Director General within 6 (six) months. (3) written notice of the plan of operation of the ship by sea transport companies that operate foreign ships to and from the ports or terminals are open to trading www.djpp.kemenkumham.go.id 2013, no. 1523 20 overseas as referred to in paragraph (2) required through an agent General in Indonesia who was appointed by the foreign sea transport companies. (4) the national sea transport company and/or the company sea transport were not implementing its obligations as referred to in paragraph (2), a vessel that is operated are not given sanctions of the Ministry at the port or terminal. Section 22 (1) written notice of the plan of operation of the vessels referred to in Article 9 paragraph (2) is submitted to the Director General by attaching: a. a copy of the certificate of safety and security of the ship; b. a copy of the certificate of the classification of klas recognized Government; c. plan the schedule of arrivals and departures of ships in every harbour in transit; d. report on the realization of the operation of the ship (voyage report) in a period of 6 (six) months earlier; and e. a list of the crew. (2) the written notice referred to in subsection (1) was delivered 14 (fourteen) calendar days before the ship arrived in the port of Indonesia. (3) written notice of the plan of operation referred to in Article 9 paragraph (2) and the report on the realization of the operation of the ship (voyage report) as referred to in paragraph (1) the letter d is submitted using the format Example 20a, 20b, and Example Example 4 in the annex which is an integral part of part of the regulation of the Minister of transport. Article 23 (1) of the national sea transport company and/or sea transport companies that operate foreign ships to and from the ports or terminals are open to foreign trade on a permanent basis and regularly referred to in Article 9 paragraph (2) compulsory winds its ports in accordance with the plan of operation and schedule the cruise ships. (2) the national sea transport company and/or sea transport companies that operate foreign ships to and from the ports or terminals are open to foreign trade on a permanent basis and regularly referred to in paragraph www.djpp.kemenkumham.go.id 2013, no. 1523 21 (1), if the winds do not Harbor on the route already set will be treated as a ship with no fixed route and irregular. (3) for ships that operated on a permanent basis and regular, were given incentives by the organizers of the port or Ports in the form of business entity: a. awarding priority recliner; b. provision of bunker in accordance with routes and the number of days the screen; and c. the tariff relief services kepelabuhanan. (4) Foreign Ships that do ocean freight activities abroad with fixed routes and fixed as well as regular and irregular, are prohibited from conducting ocean freight within and/or antarpelabuhan in the country. Article 24 (1) the Director-General gave approval of the operation plan of the written notice of the ship on a fixed and regular route to public agencies in Indonesia who was appointed by the foreign sea transport companies with copy to the organizers of the port concerned and business entity Instance using the format Port 21 on the attachment that is part an integral part of the regulation of the Minister of transportation. (2) the Director General do the recording agreement with written notice of the plan of the operation of a ship referred to in subsection (1) as well as monitoring and evaluation of written notice of the plan and the realization of the operation of the ship at least to the time of at least 6 (six) months. Article 25 (1) of the ship ocean freight conduct activities abroad can do the activities in the ports or terminals within the country that have not been designated as ports or terminals which are open to foreign trade by the mandatory provisions of: a. a special port or terminal winds closest to open to foreign trade to report (check point) to the officers of customs and Excise, immigration , and quarantine; or b. the officer bringing customs and Excise, immigration, and quarantine of the port or terminal nearest special open to foreign trade. www.djpp.kemenkumham.go.id 2013, no. 1523 22nd (2) a Vessel conducting ocean freight abroad who do not carry out his obligations as referred to in subsection (1) is not given sanctions of the Ministry at the port or terminal. Article 26 (1) of the national sea transport company which operates ships flagged from Indonesia and to the port or terminal to open special foreign trade are not fixed and not regular, mandatory delivered a written notice of the plan and the realization of the operation of the ship is flagged in Indonesia is not fixed and irregular to the Director General. (2) the national sea transport company which does not carry out its obligations as referred to in subsection (1) is not given sanctions of the Ministry at the port or terminal. Article 27 (1) written notice of the plan of operation of vessels flagged Indonesia as stipulated in article 26 subsection (1) is delivered with the attach: a. a copy of the certificate of registration of the vessel; b. a copy of a certificate of safety and security of the ship; c. report on the realization of the operation of the ship (voyage report); and d. a list of crew (crew list). (2) written notice of the plan of operation of Indonesia flagged ships as referred to in paragraph (1) delivered the longest 7 (seven) calendar days before the vessel is operated. Article 28 Notification written plan of operation of vessels flagged Indonesia as stipulated in article 26 subsection (1) is submitted using the format Example 22 on Attachment that is part an integral part of the regulation of the Minister of transportation. Article 29 (1) General Director delivers written notice of approval of the operating plan of the vessel flagged Indonesia on routes not fixed and not regular with lists the names of the ports of transit to the national sea transport companies concerned with the use of www.djpp.kemenkumham.go.id


2013, no. 1523 23 format Example 23 on Attachment that is part an integral part of the regulation of the Minister of transportation. (2) the Director General do the recording agreement with written notice of the plan of operation of vessels flagged Indonesia on routes are not fixed and are not regularly referred to in subsection (1) as well as monitoring and evaluation of written notice of the plan and the realization of the operation of a ship flagged Indonesia on routes not fixed and not regularly at least to the time of at least 6 (six) months. Article 30 (1) of the national sea transport companies obliged to deliver written notice of any changes (deviation) of the report of the national plan of operation of the vessel on a fixed and regular route as well as routes are not fixed and not regular ocean freight in the country to operate out of the country to the Director General. (2) written notice of any changes (deviation) of the ship's operation plan of the national report referred to in subsection (1) is delivered with the attach: a. a copy of the report on the operation of the plan of the ship ocean freight in the country; b. a copy of the certificate of registration of the vessel; c. a copy of the ship's safety certificates; d. a copy of the ship security certificate; and e. a list of crew (crew list). (3) written notice of any changes (deviation) of the ship's operation plan of the national report referred to in subsection (1) is delivered the longest 7 (seven) calendar days before the vessel is operated, using the format Example 24 on Attachment that is part an integral part of the regulation of the Minister of transportation. Article 31 (1) the Director-General gave approval upon written notice of any change (deviation) of the report of the national ship operating plan referred to in article 30 paragraph (1) using the format Example 25 on Attachment that is part an integral part of the regulation of the Minister of transportation. www.djpp.kemenkumham.go.id 2013, no. 1523 24 (2) the Director General do the recording agreement with written notice of any change (deviation) of the ship's operation plan report national routes are not fixed and are not regularly referred to in subsection (1). (3) the Director-General to conduct surveillance and evaluation of written notice of any change (deviation) of the ship's operation plan report national routes are not fixed and not regularly in accordance with the plan of operation of ship reports of sea transport in the country. Article 32 (1) of the national sea transport companies which perform activities abroad sea transport obligated to deliver written notice any vessel flagged Indonesia operated abroad to the Director-General every 3 (three) months. (2) written notice of any vessel flagged Indonesia operated abroad referred to in subsection (1) at least contain: a. name and specifications of the ships operated; b. the name of the port of departure and arrival in Indonesia; c. proof of Indonesia flagged ships operating abroad; d. a copy of the certificate of registration of the vessel; e. a copy of the ship's safety certificates; f. a copy of the ship security certificate; and g. list of crew (crew list). (3) written notice any vessel flagged Indonesia operated abroad referred to in subsection (1) is delivered the longest 7 (seven) calendar days before the vessel is operated, using the format of a sample of 26 on the attachment that is part an integral part of the regulation of the Minister of transportation. Article 33 (1) the Director-General gave approval upon written notice any vessel flagged Indonesia operated abroad using the format Example 27 on Attachment that is part an integral part of the regulation of the Minister of transportation. www.djpp.kemenkumham.go.id 2013, no. 1523 25 (2) Director General do recording over approval written notice any vessel flagged Indonesia operated abroad referred to in subsection (1). (3) the Director-General to conduct surveillance and evaluation of written notice of the plan and the realization of the operation of any vessel flagged Indonesia operated abroad within a period of at least 6 (six) months. (4) the operation of a ship flagged Indonesia is part of the potential of national commercial fleet. Paragraph 3 cross-border Sea Transport Article 34 (1) to facilitate operational ships and the importance of trade with the neighboring country can set the routes of cross border sea transport. (2) sea transport Routes cross the limits referred to in subsection (1), established by the Director-General on the basis of: a. the Working Group proposed the same sub-regional; and b. the cruise mileage does not exceed 150 (one hundred fifty) nautical miles. (3) the placement of the ships on the routes of cross border sea transport performed by: a. the national sea transport company with the biggest-sized vessel GT 175 (one hundred seventy-five Gross Tonnage); and b. shipping company-the people. Article 35 (1) of the national sea transport company that operated the ship on the sea transport routes across borders as stipulated in article 34 paragraph (2) letter a compulsory delivered a written notice to the Director General. (2) people's shipping company that operates the ship on the sea transport routes across borders as stipulated in article 34 paragraph (3) the letter b is obligated to deliver written notice to the Governor. (3) written notice operation on the routes of cross border sea transport as referred to in paragraph (1) and paragraph (2) with www.djpp.kemenkumham.go.id 2013, no. 1523 26 28 Examples on using the format of the attachment that is part an integral part of the regulation of the Minister of transportation. (4) the written notice referred to in subsection (1) and paragraph (2) accompanied by: a. a copy of the agreement of the Working Group's proposals sub regional and/or the agreement of the Government of the two bordering countries; b. a copy of the travel ship (sailing schedule); c. a copy of the certificate of registration of the vessel; d. a copy of your certificate of safety and security of the ship; e. report on the realization of the operation of the ship (voyage report); and f. a list of crew (crew list). Article 36 (1) the Director General or the Governor in accordance with its give a written notice of approval of the operating plan of the ship on the sea transport routes across borders as stipulated in article 35 paragraph (1) and paragraph (2) using the format Example 29 on Attachment that is part an integral part of the regulation of the Minister of transportation. (2) the Director General or the Governor in accordance with those powers do the recording agreement with written notice of the plan of operation of ships at sea transport routes cross the limits referred to in subsection (1). (3) the Director General or the Governor in accordance with those powers to conduct surveillance and evaluation of written notice of the plan and the realization of the operation of a ship at sea transport routes across borders. (4) the Governor delivered a report to the Director General over the results of the monitoring and evaluation referred to in paragraph (3). Paragraph 4 the reporting Procedures of plan the advent of Ships Diageni National Sea transport companies By Article 37 (1) of the foreign sea transport companies can only conduct activities ocean freight to and from the ports or terminals which are open to foreign trade and must appoint a national company as a general agent. www.djpp.kemenkumham.go.id 2013, no. 1523 27 (2) of the General Agents referred to in subsection (1) may be made by: a. the national agency company ship; or b. the national sea transport companies. (3) foreign sea transport companies which do not perform its obligations as referred to in paragraph (1) be penalized not provided service at the port or terminal. Section 38 of the Ordinance a public agency by the national agency of the ship's company was appointed as General Agent as referred to in article 37 paragraph (2) letter a, regulated by ministerial regulation. Article 39 (1) of the national sea transport company appointed as general agent of foreign sea transport companies as stipulated in article 37 paragraph (2) letter b, is obligated to deliver written notice of the plan and the realization of the arrival of the ships diageninya/Foreign Ships Agency Notification to the Director General. (2) the national sea transport company which does not carry out its obligations as referred to in subsection (1) is not given sanctions of the Ministry at the port or terminal. (3) to a foreign vessel with a fixed and regular route (liner), written notice of the plan and the realization of the arrival of foreign vessels as referred to in subsection (1) is submitted every three (3) months. Article 40 (1) written notice of the plan the advent of foreign ship diageni/Foreign Ships Agency Notification as referred to in article 39 paragraph (1) is delivered with the attach: a. a copy of the Business Licence of marine transport companies (SIUPAL); b. a copy of the letter of appointment of a public agency (agency agreement/letter of appointment); c. a copy of the ship's nationality certificate (certificate of nationality); d. a copy of your certificate of safety of ship; and e. a list of crew (crew list). (2) the written notice referred to in subsection (1), delivered the longest 7 (seven) calendar days before the ship arrives at www.djpp.kemenkumham.go.id


2013, no. 1523 28 Indonesia port, using the format of the Example 30 on Attachment that is part an integral part of the regulation of the Minister of transportation. Article 41 (1) authorizes the Director-General of Foreign Ships Agency (PKKA) using the format Example 31 on Attachment that is part an integral part of the regulation of the Minister of transportation. (2) the Director General do the recording upon approval of Foreign Ships Agency (PKKA) as referred to in paragraph (1) as well as monitoring and evaluation of the Agency's approval of Foreign Ships (PKKA) at least within 6 (six) months. Article 42 Notification in writing realization of foreign ship arrival diageni/Foreign Ships Agency Notification (PKKA) submitted using the format Example 32 on Attachment that is part an integral part of the regulation of the Minister of transportation. Paragraph 5 of the Ordinance for the designation of foreign Sea transport companies Representative of article 43 (1) of the foreign sea transport companies which perform the ocean freight to and from the ports or terminals which are open to foreign trade on an ongoing basis may appoint another representative in Indonesia. (2) the representatives referred to in subsection (1) may take the form: a. legal entity Indonesia; b. individual citizens of Indonesia; or c. an individual foreign nationals. (3) the designation of the representatives of foreign sea transport companies as referred to in subsection (1) must meet the requirements: a. has a letter designation as a representative of foreign sea transport companies that are known to the Embassy of the Republic of Indonesia or the Consulate General of the Republic of Indonesia in the country concerned for foreign citizens; b. have a temporary residence permit card from the relevant agencies for foreign citizens; www.djpp.kemenkumham.go.id 2013, no. 1523 of 29 c. have permission to work from the relevant agencies for foreign citizens; d. attach fitting latest photos for individuals; e. attach the curriculum vitae of the list of individuals who are appointed as representatives; f. have a domicile certificate from authorized agencies; g. copy of certificate of expertise, according to a proposed position; and h. having affidavits have paid off the taxes last year and TAX ID is still valid. (4) a foreign company representative ocean freight as intended in paragraph (1) represents the interests of the administration of foreign sea transport company appointed her and is in charge of doing: a. monitoring aboard his company during operation or activity in the waters and/or in the port of Indonesia; b. supervision towards the implementation of the tasks given by the foreign sea transport companies against the agent General in the service of his ship in the waters and/or ports or terminals; and c. advise the agent General. Article 44 (1) ocean freight company representative who has met requirements as referred to in article 43 paragraph (3), obliged to be registered to the Directorate General of sea transport companies by the designated national public transport companies as agents of foreign sea. (2) the filing of a registration of a foreign company representative ocean freight as intended in paragraph (1) is submitted using the format Example 33 on Attachment that is part an integral part of the regulation of the Minister of transportation. Article 45 (1) the Director-General to publish the Certificate of owner's Representative against representatives of foreign sea transport companies have met the requirements as stipulated in article 43 paragraph (3), using the format Example 34 on Attachment that is part an integral part of the regulation of the Minister of transportation. (2) the Certificate of owner's Representative as referred to in subsection (1) applies a 1 (one) year and extendable. www.djpp.kemenkumham.go.id 2013, no. 1523 30 (3) ocean freight company representative who did not have the Certificate of owner's Representative was banned from conducting foreign sea transport company representative in Indonesia. (4) ocean freight company representative in Indonesia banned foreign activities, ship agents booking charges, the search activities and payloads. Part four ocean freight Special Paragraph 1 General Article 46 (1) ocean freight Activities specifically undertaken by a business entity to support the efforts of principal for its own interest flagged vessel Indonesia which meet the requirements kelaiklautan vessels and manned by the crew of the nation of Indonesia. (2) activities to support the special sea freight business staple for his own interests as referred to in paragraph (1), includes the following activities: a. the transport of raw materials; b. production equipment; and/or c. production results for the benefit of its own. (3) the raw materials referred to in paragraph (2) letter a, includes direct materials used as ingredients to produce a production in accordance with the type of business anyway. (4) Production Equipment as referred to in paragraph (2) letter b, is a piece of equipment that is used directly in the production process in accordance with the type of business anyway. (5) the results of the production for its own interests as referred to in paragraph (2) Letter c, i.e. goods which is a direct result of the production process in accordance with the type of business anyway that is still used for its own interest. (6) raw materials, production equipment, production and yield to his own interests as referred to in paragraph (2) shall be evidenced by a documents charge. www.djpp.kemenkumham.go.id 2013, no. 1523 31 Article 47 business entity as referred to in article 46 paragraph (1) is the legal entity that conducts business activities of Indonesia subject matter in the field of: a. the industry; b. forestry; c. tourism; d. mining; e. Agriculture; f. fisheries; g. salvage and underwater work; h. dredging; i. construction services; and j. activities of research, education, training, and other social activities. Paragraph 2 the procedures for Reporting operation of ocean freight Ship Special Article 48 (1) activities of the special Naval transport as referred to in article 46 paragraph (1) is carried out according to the type of business activity anyway. (2) activities of the special sea freight as intended in paragraph (1) was carried out with no fixed route and irregular. (3) Implementing special ocean freight activities will operate on routes are not fixed and are not regularly referred to in subsection (2) is obligated to submit a report on the operation of the ship plan routes and irregular special ocean freight to the Director-General every 3 (three) months using the format Example 35 in an attachment that is part an integral part of the regulation of the Minister of transportation. (4) Report on ship operation plan routes and irregular as referred to in paragraph (3) is delivered with the attach: a. a copy of the Business Licence of marine transport company (SIUPAL)/Surat Operating Permits Special Sea transport companies (SIOPSUS); www.djpp.kemenkumham.go.id 2013, no. 1523 32 b. a copy of the technical specifications of the vessel issued by the Director General; c. a copy of the answer to the approval of the operation of the ship and the ship's operation realization report (voyage report) in a period of three (3) months in advance for a ship that has been in operation; and d. a copy of your lease, rent (charter), the designation of the operation of the vessel for ships that are not the property of the national sea transport company which operates the ship. (5) operation of ship plan Report on the routes of irregular and disorganized as referred to in paragraph (3) was signed by the directors and delivered the longest fourteen (14) working days before the vessel is operated. (6) the Director-General gave approval of the report of the operation plan of the ship ocean freight to the implementing specific activities of ocean freight with the use of special formatting Example 36 on Attachment that is part an integral part of the regulation of the Minister of transportation. (7) the commissioning activities of ocean freight may file a special addition of ports in transit using the format Example 37 on Attachment that is part an integral part of the regulation of the Minister of transportation. (8) the Director-General gave approval of the addition of the port operation of ship plans a stopover on routes and irregular to the sea transport companies using the format-specific examples of 38 on the attachment that is part an integral part of the regulation of the Minister of transportation. (9) the commissioning activities of ocean freight may file a special addition of the urgency of the charge to the Director General of 14 (fourteen) calendar days prior to the implementation of activities, using the format Example 39 on Attachment that is part an integral part of the regulation of the Minister of transportation. (10) the Director-General gave approval of the application for the addition of the urgency of the charge on the routes of irregular and disorganized after the evaluation conducted over the balance of the capacity of the room is available with transport request using the format Example 40 on Attachment that is part an integral part of the regulation of the Minister of transportation. www.djpp.kemenkumham.go.id


2013, no. 1523 33 Article 49 (1) of the implementing activities ocean freight ships that operate on specific routes and irregular is obligated to submit a report: a. the plan of arrival and/or departure of the vessel to Port, Organizer LK3 using the format Example 3a, 3b, and 3 c Example on Attachment that is part an integral part of the regulation of the Minister of transportation; b. activities of the monthly visits to the organizers of the ship Harbour 14 (fourteen) day of the following month, which is a recapitulation of the arrival and departure of the ship report (LK3), using the format of example 4 in the annex which is an integral part of part of the regulation of the Minister of transport; c. realization of the operation of the vessel (voyage report) to the Director General for ships with a fixed and regular route every 3 (three) months, using the format of example 4 in the annex which is an integral part of part of the regulation of the Minister of transport; and d. the annual activities of the company to the Director General of the longest dated February 28 in walk which is a recapitulation of the realization of the operation of a ship report (voyage report) using the format Example 5a, 5b, 5 c Example Example Example Example 5 d, 5e, 5f and examples on the attachment that is part an integral part of the regulation of the Minister of transportation. (2) Implementing special ocean freight activities does not implement its obligations as referred to in subsection (1) is not given sanctions of the Ministry at the port or terminal. Paragraph 3 the procedures for issuance of permission to use a Special Sea Freight Charges for transporting General Goods or article 50 (1) Implementing special ocean freight activities referred to in Article 49 paragraph (1) are prohibited from transporting cargo of the other party's property or goods and/or transport charges or public goods, except in certain circumstances with the permission of the Director General. www.djpp.kemenkumham.go.id 2013, no. 1523 34 (2) the circumstances referred to in subsection (1) may include: a. the unavailability of ships; and b. not yet the existence of the national sea transport company that is able to serve some or all of the request the existing sea transport services. (3) permission to use a particular ocean freight ship referred to in subsection (1) is temporary until: a. the availability of the vessel; and b. the existence of national sea transport company that is able to serve some or all of the request the existing sea transport services. Article 51 (1) Implementing activities special ocean freight will transport charge or possession of others and/or transport charges or public goods as referred to in article 50 paragraph (1), obliged to convey the petition permits transporting cargo of the other party's possession or on routes and irregular special ocean freight, the longest 7 (seven) calendar days before the vessel is operated to transport charge or possession of others and/or transport the public goods charge or to the Director General by using the format Example 41 on Attachment that is part an integral part of the regulation of the Minister of transportation. (2) the Director-General gave approval upon application for permission of transport charges or the other party's possession on the routes are not fixed and irregular special sea freight as intended in paragraph (1) using the format Example 42 on Attachment that is part an integral part of the regulation of the Minister of transportation. Paragraph 4 of the Ordinance for the designation of special Sea Freight Agency Article 52 (1) of the implementing activities of foreign sea freight conduct activities particular to port sea freight or special terminals which are open to foreign trade, marine transport obligated to appoint national implementing or ocean freight activities specifically as a general agent. www.djpp.kemenkumham.go.id 2013, no. 1523 35 (2) Implementing special ocean freight activities can only be general agent for ships which perform similar activities with business anyway. (3) the national sea transport companies or implementing specific ocean freight activities designated as public agencies managing foreign ocean freight activities as referred to in paragraph (1), is obliged to notify in writing to the Director General. (4) the notice in writing referred to in subsection (3) is delivered with the attach: a. letter of ocean freight Company business license (SIUPAL) or Operating Licence of the special Sea transport companies (SIOPSUS); b. a copy of the letter of appointment of a public agency (agency agreement/letter of appointment); c. a copy of the ship's nationality certificate (certificate of nationality); d. a copy of your certificate of safety of ship; and e. a list of crew (crew list). (5) the notice referred to in subsection (4) delivered the longest 7 (seven) calendar days before the ship arrived in the port of Indonesia using the format 43 Examples in the appendix that is part an integral part of the regulation of the Minister of transportation. (6) in terms of implementing the activities of the foreign sea freight does not carry out its obligations as referred to in paragraph (1), a ship that diageni are not given sanctions of the Ministry at the port or terminal. (7) the national sea transport companies or implementing specific ocean freight activities was appointed General Agent does not implement its obligations as referred to in paragraph (3) is the ship's diageni sanctions not provided service at the port or terminal. Article 53 (1) authorizes the Director-General of Foreign Ships Agency (PKKA) using the format Example 44 on Attachment that is part an integral part of the regulation of the Minister of transportation. (2) the Director General do the recording upon approval of Foreign Ships Agency (PKKA) as referred to in paragraph (1) as well as monitoring and evaluation of Approval www.djpp.kemenkumham.go.id 2013, no. 1523 36 Foreign Ships Agency (PKKA) at least within 6 (six) months. Part five Ocean Freight Shipping Activities-folk of article 54 (1) the activities of ocean freight shipping-the people of the peseorangan citizens of Indonesia or ocean freight shipping company-the people. (2) the use of the ship ocean freight shipping-the people of Indonesia flagged include: a. sailing ship (KL) traditional which is driven entirely by wind power; b. sailing boat Motor (KLM) a particular sized engine power and wide screen suitable provisions; or c. the Motor boat (KM) with a certain size. (3) certain sized motor ships as referred to in paragraph (2) letter b, flagged motor ship the sea be eligible Indonesia measuring up to GT 500 (five hundred Gross Tonnage) and driven by wind power as the prime mover and motor as auxiliary propulsion. (4) motor boat with a certain size as referred to in paragraph (2) Letter c in the form of an Indonesia-flagged boat be eligible small most GT-sized sea-7 (the seven-Gross Tonnage) as well as most of the GT 35 (thirty-five Gross Tonnage) as evidenced by a copy of the grosse Act, measure, and the ship safety certificate is still valid. (5) the activities of ocean freight shipping-folk as referred to in paragraph (1), can harbor winds its neighboring countries or across borders in order to undertake traditional trade activities between Governments. (6) ocean freight shipping activities-folk as referred to in paragraph (1) including the activities of loading and unloading as well as a boatload of sea expeditions carried out singly or collectively. Article 55 (1) in the framework of the development of ocean freight shipping-the people, the Director General do the coaching. www.djpp.kemenkumham.go.id 2013, no. 1523 37 (2) development of ocean freight shipping-the people referred to in subsection (1), performed through: a. improved management skills for the company in the form of education in the field of commercial shipping ketatalaksanaan ground level in the environment of society Islands cruise-people; b. enhancement of the skills of both the ship's crew in the field of radio as well as technical and nautis knowledge and skills in the field of other kepelautan; c. determination of the standardization of forms, construction, and the type of ship that can be accounted for in terms of both economic and in terms of his kelaiklautan; d. ease in terms of the establishment of the shipping company-the people in the form of: 1. the empowering presence of the cruise-cruise through cooperative folk-folk and/or cruise-people's Association in terms of providing recommendations to get credit; 2. facilities partnership with a strong company of capital; 3. business license ocean freight shipping-folk applies also to the activities of loading and unloading and a boatload of sea expedition; and 4. business license is granted for the period during which the company concerned is still running its business activities. e. ease of operational activities in the form of: 1. the construction and development of a special Pier in the Center-Center for ocean freight shipping activities-folk to increase loading and unloading productivity in accordance with needs and capabilities; 2. dredging Groove-cruise port and a hub of activity centers on ocean freight shipping-people; 3. loading and unloading activities can be directly performed by the servants of the ship (ABK); 4. the price of the service is kepelabuhanan for sailing ship-the people charged is lower than the price of the service kepelabuhanan to ship domestic sea transport; and 5. get subsidized fuel oil in accordance with the operational needs of the cruise. www.djpp.kemenkumham.go.id


2013, no. 1523 38 (3) in order to the development of the construction of the ocean freight shipping-folk as referred to in paragraph (1) and paragraph (2) may be made with the cooperation of government agencies and related associations. Article 56 (1) activities of the ocean freight shipping-folk implemented with a fixed and regular route or routes are not fixed and irregular. (2) the activities of ocean freight shipping-the people who use the vessel as referred to in article 54 paragraph (2) letter a and letter b done with no fixed route and irregular. (3) the activities of ocean freight shipping-the people who use the vessel as referred to in article 54 paragraph (2) Letter c is done with a fixed and regular route. Article 57 the ocean transport company cruise-people in ocean freight conduct activities are not fixed and irregular as stipulated in article 56 paragraph (2) can carry a charge: a. public goods; b. goods bulk dry and/or liquid bulk; and/or c. goods which, in a certain amount, in accordance with the conditions of the sailing ship-the people. Article 58 (1) of the plan of operation of the vessel ocean freight shipping-people on fixed and regular route should be reported using the format Example 45 on Attachment that is part an integral part of this regulation of the Minister of transport, to: a. the Governor and organizer of a Port stop off for companies that are domiciled and operate antarkabupaten/city within one (1) province, antarprovinsi, and cross-border; and b. the Bupati/Walikota and organizer of a Port stop off for companies that are domiciled and operate antarkecamatan and/or villages in one district/city. (2) the Governor or Regent/Mayor of gives its consent in accordance with the above report plan the operation of the ship ocean freight shipping-people on fixed and regular route with copy to the Director-General to use with www.djpp.kemenkumham.go.id 2013, no. 1523 39 46 Examples of the form in the attachment that is part an integral part of the regulation of the Minister of transportation. (3) the plan of operation of the vessel ocean freight shipping-folk on the routes are not fixed and not regular should be reported using the format Example 47 on Attachment that is part an integral part of this regulation of the Minister of transport, to: a. the Governor for companies that are domiciled and operate antarkabupaten/city within one (1) province, antarprovinsi, and cross-border with copy to the organizers of the port; and b. the Bupati/Walikota for companies that are domiciled and operate antarkecamatan and/or villages in one district/city with copy to the organizers of the port. (4) the Governor or Regent/Mayor of gives its consent in accordance with the above report plan the operation of the ship ocean freight shipping-folk on the routes of irregular and disorganized to the national sea transport company with copy to the Director-General of the 48 Examples using the format at Annex a part an integral part of the regulation of the Minister of transportation. (5) operation of ship plan report for ocean freight shipping-folk as referred to in paragraph (1) and paragraph (3) was done at least 6 (six) months to operate on fixed routes and regular and 3 (three) months to operate on the routes of irregular and disorganized. (6) ocean freight shipping Company-the people who operated the ship is obliged to convey the report of the realization of the operation of the ship (voyage report) to the Governor or Regent/Mayor in accordance with its 49 Examples using the format in which the attachment is part an integral part of the regulation of the Minister of transportation. Article 59 (1) the Governor or Regent/Mayor reported data development company, ships, and ocean freight shipping charges-folk to the Director General at least every 6 (six) months using the format Example 50 on Attachment that is part an integral part of the regulation of the Minister of transportation. www.djpp.kemenkumham.go.id 2013, no. 1523 40 (2) on the basis of the report referred to in subsection (1), the Director General do logging and mapping of nationwide. CHAPTER III ORGANIZATION of the OCEAN FREIGHT to AREAS STILL LAGGING and/or REMOTE REGION is considered Part of the General Article 60 (1) Sea Transport to the area is still lagging and/or remote area was carried out by the Minister, Governors, and/or Regent/Mayor. (2) ocean freight as intended in paragraph (1) was carried out with the cruise-pioneer and assignments. The second part of The implementation of the activities of the cruise-pioneer of Article 61 (1) of the implementation of the activities conducted by the cruise-pioneer ocean freight companies nationwide. (2) the implementation of the activities referred to in paragraph (1), pembiayaannya is provided by the Minister, Governors, and/or the Bupati/Walikota in accordance with those powers. (3) the financing as referred to in subsection (2) constitutes a subsidy amounting to the difference in the cost of operating a sailing ship-money income with Pioneer mines passengers and goods on routes that have been designated by the Director General. Article 62 (1) Organizing a cruise-pioneers conducted in accordance with the set up of the procurement of goods and services to government agencies. (2) organizing the cruise-pioneers can be done through long-term contracts by sea transport companies using the flagged ship Indonesia that meets the requirements of kelaiklautan of the ship. (3) the implementation of a long-term contract can be done after the approval of the Minister of financial affairs of the wing. www.djpp.kemenkumham.go.id 2013, no. 1523 41 Article 63 (1) activities of the cruise-pioneer held by using boats to transport the sea be eligible: a. passenger; b. goods; and/or c. passengers and goods. (2) Ships used to transport the charge referred to in paragraph (1) letter a and letter c must meet the requirements as a passenger ship. (3) in the case of passenger vessels not available type as referred to in paragraph (2), sea transport companies can use ships to transport passengers after being given approval by the competent authority in the field of the safety of the cruise. (4) further Provisions regarding the use of barges to transport passengers as referred to in paragraph (3) subject to the Regulations the Director General. The third part of the Ordinance Implementing the activities of the assignment of ocean freight of article 64 (1) the assignment of ocean freight services provided to the national sea transport companies by getting compensation from the Government and/or the local Government of the difference between the production cost and the rate set by the Government and/or regional Governments as public service obligations. (2) the assignment to the national sea transport companies as referred to in paragraph (1) was carried out in accordance with the provisions of the legislation. (3) the assignment referred to in subsection (2) is conducted in a bond agreement. The fourth part of the Ordinance setting of ocean freight Route for the area Still Lagged and/or remote area Paragraph 1 of the Ordinance the pioneering Ocean Freight Route Designation of article 65 (1) of the Government district/municipality proposed routes of sea transportation pioneer the coming year to the Government of the province no later than February of the current year. www.djpp.kemenkumham.go.id 2013, no. 1523 42 (2) within the proposed routes of pioneer ocean freight as intended in paragraph (1), County Government/city must have the identification of the potential economic and program development/economic development in every region of the port base and stopover ports proposed to be served the cruise-pioneer. (3) the provincial Government discussed the proposal on the local level along with the organizers of the port a port is designated as the base of the cruise-pioneers must have the identification of the potential economic and program development/economic development in every region of the port base and stopover ports proposed to be served the cruise-pioneer in March of the current year. (4) the provincial government delivered the proposal referred to in subsection (3) to the Minister with a copy to the State Minister of development planning/national development Planning Agency of the longest March of current year by attaching the profile proposed network routes. (5) the Director General do discussion of ocean freight route network pioneer in integrated regional development approach based on shared with other Central Government agencies, provincial governments, and the organizers of the port is designated as the base of the port's cruise-pioneer in the National Coordination meeting of Cruise-pioneer. (6) the Director-General set of results the discussion referred to in subsection (5) as a network of routes most long pioneer ocean freight in September of the current year. Paragraph 2 of the Ordinance Number Assignment the assignment of Article 66 (1) the provincial government delivered the proposed routes of the assignment to the Director General. (2) the Director General of the drafting the proposed routes of the assignment, the ship used, and performance of the service as well as an estimate of the budget required together with the national sea transport companies. (3) the Director General proposed to the proposed route assignment, the ship used, and performance of the service as well as an estimate of the budget required as referred to in paragraph (2) to the Minister of finance charge. www.djpp.kemenkumham.go.id


2013, no. 1523 43 (4) the Minister of Finance set with appropriations budget for the routes of the assignment for the next year. (5) the Director General do the discussion proposed routes of the assignment, the ship used, and performance of the service as well as an estimate of the budget required in conjunction with the national sea transport company in accordance with the available budget allocation. (6) the Director-General designate the routes of the assignment, the ship that was used, and the performance of services for the next year. (7) the Director General or officer designated as the power of the budget users do discussion assignment activities ocean freight agreement based on the routes of the assignment, the ship used, and performance of the service. (8) the Director General and the national sea transport company signed an agreement assigning activities ocean freight for a period of 1 (one) year. Paragraph 3 Sea Transport Livestock to support national programs Self-sufficient beef and Buffalo Article 67 (1) in order to support the national program self-sufficient beef and Buffalo, the distribution of cattle and water buffalo with the use of specialized livestock ship the implementation can use the mechanism the operating subsidies and skim the cruise-pioneer and transport assignments. (2) the mechanism of operating subsidies and skim for distribution of cattle and water buffalo as referred to in paragraph (1) may be exercised throughout national special livestock vessels operated by the private sector is not yet available or not enough available. CHAPTER IV-WORKING OCEAN FREIGHT is considered part of the procedures for Granting business license ocean freight of article 68 (1) ocean freight Business was conducted by the national sea transport company incorporated Legal Indonesia (BHI) shaped like a limited liability company (PT), State-owned enterprises (SOEs), the body www.djpp.kemenkumham.go.id 2013, no. 1523 44 Regional Enterprises (BUMD) or cooperative, which was set up specifically for the effort. (2) to be able to do the activities of ocean freight, marine freight companies national compulsory has a business license. Article 69 (1) to obtain a business license of sea transport as referred to in article 68, paragraph (2) must meet the requirements: a. Administration; and b. technical. (2) Administrative Requirements as referred to in paragraph (1) letter a include: a. have a deed of establishment of companies or cooperatives that are enclosed with the decision letter of endorsement of the company's establishment certificate from authorized agencies; b. has a capital base of at least Rp. 6,000,000,000.0-(six billion dollars) and paid-in capital of at least Rp 1,500,000,000.0.-(one billion five hundred million rupiah); c. has a Number of tax Payer corporations or cooperatives; d. has a person in charge who is the Supreme Leader of the company or cooperative in accordance with the regulations; e. occupies the place of business, whether in the form of its own nor rent, based on the company's domicile affidavits or cooperative of authorized institutions; and f. has at least 1 (one) person Diploma level III experts in the field of ketatalaksanaan, nautis, technical or commercial shipping, as evidenced by a copy of a diploma which legalised by the authorized agency; g. has the business plan and the plan of operation of the vessel (business plan). (3) the technical requirements referred to in paragraph (1) letter b include: a. have flagged the Indonesia motor boat sea be eligible with most small size GT 175 (one hundred seventy-five Gross Tonnage) cumulatively; b. have flagged tugboat that Indonesia be eligible to the sea of at least 1 (one) unit with motor power mover least 150 (one hundred fifty) horsepower (TK) with at least 1 www.djpp.kemenkumham.go.id 2013, no. 1523 45 (one) unit of most small-sized barge GT 175 (one hundred seventy-five Gross Tonnage); c. have flagged tugboat that Indonesia be eligible to the sea of at least 1 (one) unit with the size of the smallest GT 175 (one hundred seventy-five Gross Tonnage); or d. have flagged the Indonesia plant barges be eligible to the sea of at least 1 (one) unit with the size of the smallest GT 175 (one hundred seventy-five Gross Tonnage). (4) motorized Barges as referred to in paragraph (3) the letter d include barges which have engines in addition to the driving machine in accordance with the enclosed usage with General Arrangement (GA). (5) the ownership of the ship the sea be eligible Indonesia flagged accordingly technical requirements referred to in subsection (3) must be demonstrated through: a. grosse Act of the ship; b. measuring the ship letter still apply; c. certificate of safety of ships which are still in force; and d. the crew list for motorized barges. (6) a permit referred to in subsection (1) applies for the commissioning activities of ocean freight is still running its business activities and evaluated every 2 (two) years by the Director General. (7) Indonesia flagged Ships as referred to in paragraph (3) the process of ownership of ships was done through leasing (lease), from leasing company there should be a statement that doesn't mind his ship used as the business license requirements. (8) the use of flagged ship who is leasing Indonesia as referred to in subsection (7) may be made if the payment to process his ownership has reached the smallest 60% (sixty percent) of the price of ships as evidenced by a valid payment documents. Article 70 (1) individual citizens of Indonesia People or business entities can do working with foreign sea transport company, a legal entity, foreign or foreign nationals in the form of a joint venture (JV) with formed sea transport companies have at least one (1) unit ships flagged Indonesia with most small size GT 5,000 (five thousand Gross Tonnage) and manned by the crew of the ship of the nation of Indonesia. www.djpp.kemenkumham.go.id 2013, no. 1523 46 (2) the provisions of the administrative requirements for a joint venture (JV) as referred to in paragraph (1), include: a. have a deed of establishment of the company that is enclosed with the decision letter of endorsement of the company's establishment certificate from authorized agencies; b. has a capital base of at least Rp 10,000,000,000.0.-(ten billion rupiah) and paid-in capital of at least Rp. 2,500,000,000.0 (two billion five hundred million rupiah); c. have a corporate tax Payer Number; d. has a person in charge who is the Supreme Leader of the company in accordance with laws-the invitation; e. occupies the place of business, whether in the form of its own nor rent, based on the company's domicile certificate from authorized agencies; and f. has at least 1 (one) person experts with the lowest Education Diploma III in the area of ketatalaksanaan, technical, or cruise the nautis Commerce, as evidenced by a copy of a diploma which legalised by agency authorities. (3) limitations on foreign capital ownership in the joint venture sea transportation company referred to in subsection (1) is set in accordance with the provisions of the legislation in the field of capital investment and must be filled for the company is still running its business. Article 71 (1) to obtain a business license ocean freight, business entities apply to: a. the Director General for companies that undertake activities in the port of antarprovinsi and international traffic; b. the Governor for companies that are domiciled and operate on a cross-harbour antarkabupaten/the city in local provinces; c. the Regent or Mayor for companies that are domiciled and operate on a cross-Harbor in the kabupaten/kota. (2) the application for ocean freight business license as referred to in paragraph (1) using the format Example 51 on Attachment that is part an integral part of the regulation of the Minister of transportation. www.djpp.kemenkumham.go.id


2013, no. 1523 47 (3) based on a plea referred to in paragraph (1), the Director General, or Governor, Bupati/Walikota correspond to those powers undertake research over the requirement application of ocean freight business license within a period of 14 (fourteen) days of work since the complete application is received. (4) research requirement application of top ocean freight business license as referred to in paragraph (3) of the administrative requirements and document technical requirements referred to in Article 69 paragraph (2) and paragraph (3). (5) in doing research as referred to in paragraph (3), the Director General, or Governor, Bupati/Walikota correspond to those powers can confirm the legal status of the ship into the Harbour Office or Unit Port Organizers place ships registered. (6) in the event that the requirements referred to in Article 69 paragraph (2) and paragraph (3) has not been met, the Director General, or Governor, Bupati/Walikota in accordance with its refund application in writing to the applicant to complete the requirements. (7) the returned Application as referred to in paragraph (6) may be resubmitted to the Director General, or Governor, Bupati/Walikota correspond to those powers after the requirements are equipped. (8) an Application re-submitted as referred to in paragraph (7) should be created as a new petition. (9) the application for Refund in writing referred to in subsection (6) is accompanied by the reasons of return using the format Example 52 on Attachment that is part an integral part of the regulation of the Minister of transportation. (10) if the results of the research requirements as referred to in subsection (3) have been met, the Director General, or Governor, Bupati/Walikota in accordance with its published the ocean freight business license using the format Example 53 on Attachment that is part an integral part of the regulation of the Minister of transportation. Article 72 (1) of the national sea transport company that has been getting a business license, mandatory: a. implementing the provisions laid out in the ocean freight business license; www.djpp.kemenkumham.go.id 2013, no. 1523 48 b. operational activities significantly and continuously for at least a period of three (3) months from the business license was published; c. comply with all the provisions of the legislation in the field of shipping as well as the provisions of the laws-an invitation; d. provide facilities for postal transportation; e. to report in writing to the officials of the giver of the consent in the event of a change of the name of the Director or person in charge's name and/or the name of the owner, the corporate tax payer number, domicile of the company, and the status of ownership of the vessel 14 (fourteen) days after the occurrence of such changes; f. give priority accommodation to midshipman or cadet who did the work practices of the sea; g. report in writing to the Director-General of all the data of the ship belongs and/or boat charters and boat operated; h. complete the ships belonging to the specifications of the ship as part of an inseparable with Sea transport company business license (SIUPAL); and i. report in writing to the officials of the giver of the consent of each branch office opening sea transport companies. (2) the report referred to in paragraph (1) should the grains e, enclosed with a copy of: a. letter of Sea transport company business license (SIUPAL); b. the deed of change of name change for the company's President Director and/or the name of the person in charge and/or the name of the owner; c. ID Director or person in charge, for the name change Director and/or the name of the person in charge and/or the name of the owner; d. corporate tax payer number, for tax payer number changes the company and/or the company's domicile; e. the company domicile affidavits, for changes in corporate tax payer number and/or domicile company; and f. grosse certificate as proof of ownership of the vessel. (3) based on the report name changes the main Director or person in charge name and/or the name of the owner, the number of tax payer www.djpp.kemenkumham.go.id 2013, no. 1523 49 firms, domicile of the company, and the status of ownership of a vessel referred to in subsection (1) the letter e, the Director General, or Governor, Bupati/Walikota according its publishing certificate name changes Director or person in charge name and/or the name of the owner, company tax payer number company, domicile, and the status of ownership of a vessel that is part an integral part of the company's Business Licence ocean freight (SIUPAL). Article 73 (1) in the event of a change of company name was then the national sea transport company must deliver an application for adjustment of business license issued in the name of the new company by attaching requirements as referred to in article 72 paragraph (2) accompanied by attaching Business Permit ocean freight Company (SIUPAL) the last of the original. (2) Upon application for the adjustment of the business license or permit operation over any changes the company name as referred to in paragraph (1) published a letter of business license ocean freight Company (SIUPAL) and the operating Licence of the special Sea transport company (SIOPSUS). Article 74 holders of sea transport companies permission in conducting its business activities, mandatory report: a. the development of composition of capital ownership company the longest one (1) times within 1 (one) year to the Director-General; b. the financial performance of the company the longest one (1) times within 1 (one) year to the Director-General; c. plan of arrival and/or departure (LK3) as well as the reports list payload aboard ship (cargo manifest) to the organizers of the port; d. activities monthly visits to the organizers of the ship Harbour 14 (fourteen) days next month which is a recapitulation of the arrival and departure of the ship reports using the format example 4 in the annex which is an integral part of part of the regulation of the Minister of transport; e. the realization of the operation of the ship (voyage report) to the Director General for ships with a fixed and regular route or liner selambat latest within 14 (fourteen) days from this ship completed one (1) travel (voyage round), while for www.djpp.kemenkumham.go.id 2013, no. 1523 50 ships with no fixed route and irregular or tramper on any one (1) months using the format Examples 5a on Attachment that is part an integral part of the regulation of the Minister of transportation; f. change of fleet; and g. the annual activities of the company to the General Director, the longest-dated February 28 in walk which is a recapitulation of the realization of the operation of a ship report (voyage report) using the format Example 5a, 5b, 5 c Example Example Example Example 5 d, 5e, 5f and examples on the attachment that is part an integral part of the regulation of the Minister of transportation. Article 75 (1) of the national sea transport company with 100% ownership of capital (one hundred percent) of the Interior changed its status into a national sea transport company with foreign investments (JV), mandatory reporting changes its status to the Director General, or Governor, Bupati/Walikota in accordance with those powers. (2) change of status Report referred to in subsection (1) must meet the requirements: a. Administration; and b. technical. (3) Administrative Requirements as referred to in paragraph (2) letter a include: a. a copy of the deed of the company and changes to them; b. a copy of the corporate tax Payer Number; and c. a copy of the Permission for foreign capital investment in the field of ocean freight business from the authorized agencies. (4) the technical requirements referred to in paragraph (2) letter b include at least have 1 (one) unit of flagged ships that Indonesia be eligible to a minimum-sized sea GT 5,000 (five thousand Gross Tonnage) that are evidenced by: a. grosse Act of original ship; b. measuring the ship letter still apply; and c. the ship safety certificate is still valid. (5) a copy of the Permission for foreign capital investment as stipulated in paragraph (2) Letter c, foreign capital ownership restrictions set according www.djpp.kemenkumham.go.id


2013, no. 1523 51 with the provisions of the legislation in the field of capital investment. Article 76 (1) the Director General, or Governor, Bupati/Walikota correspond to those powers undertake research over the Administration and technical requirements referred to in Section 75 subsection (3) and subsection (4). (2) in the case of administrative and technical requirements referred to in Section 75 subsection (3) and subsection (4) has not been met, the Director General, or Governor, Bupati/Walikota in accordance with its refund application in writing to the applicant to complete the requirements. (3) the returned Application referred to in subsection (2) may be brought back to the Director-General, or Governor, Bupati/Walikota in accordance with its application come. (4) a written application for the refund as referred to in paragraph (2) accompanied by the reasons of return using the format Example 54 on Attachment that is part an integral part of the regulation of the Minister of transportation. (5) based on the results of the research in terms of the requirements referred to in subsection (1) have been met, the Director General, or Governor, Bupati/Walikota complies with its mencatatat and published a description of the change of status of sea transport companies a joint venture (JV) with 55 Examples using the format at Annex a part an integral part of the regulation of the Minister of transportation. Article 77 (1) joint venture (JV) that does not meet the requirements of the administrative and technical changes to the status of the company as referred to in article 75, paragraph (2) permits his efforts will be revoked. (2) a joint venture (JV) that does not report changes the status of the company as referred to in article 75 paragraph (1) would be penalized. (3) the revocation effort referred to in subsection (1) is performed based on the procedure of sanctions. www.djpp.kemenkumham.go.id 2013, no. 1523 52 Article 78 ocean freight Company joint venture (JV) changed its status into the open sea transport company (Tbk), mandatory reporting changes its status to the Director General, or Governor, Bupati/Walikota in accordance with those powers. Article 79 the Director General, Governor, Bupati/Walikota according its noted and published a description of the change of status of sea transport companies a joint venture (JV) open (Tbk) using the format Examples 56 on Attachment that is part an integral part of the regulation of the Minister of transportation. The second part of the procedures for Granting business license Ocean Freight Shipping-folk Article 80 (1) activities of the ocean freight shipping-people conducted by the individual person: a. citizen of Indonesia; or b. Legal Indonesia (BHI) in the form of a limited liability company (PT) or cooperative that was established specifically for the effort. (2) to be able to do the activities of ocean freight shipping-the people referred to in subsection (1) is obligated to have a business license. Article 81 (1) business license as referred to in article 80 paragraph (2), awarded after fulfilling the requirements: a. Administration; and b. technical. (2) Administrative Requirements as referred to in paragraph (1) letter a include: a. have a deed of establishment of the company for the applicant business entity or card-shaped sign of residents for the individual citizen of Indonesia who apply for a business license ocean freight shipping-people; b. have a corporate tax payer number; www.djpp.kemenkumham.go.id 2013, no. 1523 53 c. has a person in charge who is the Commander-in-Chief of the company in accordance with the regulations; d. occupy places of business, whether in the form of its own nor rent, based on the company's domicile certificate from authorized agencies, as evidenced by proof of ownership or lease agreement; e. have at least 1 (one) person in the field of ketatalaksanaan experts, nautis basic level, technical or commercial shipping base level; and f. has a business plan and operating plan (business plan). (3) the technical requirements referred to in paragraph (1) letter b include: a. have a sailing ship (KL) flagged the sea be eligible to Indonesia and is driven entirely by wind power; b. have a sailing boat motor (KLM) flagged the be eligible to Indonesia's traditional sea-sized up to GT 500 (five hundred Gross Tonnage) and driven by wind power as the prime mover and motor as auxiliary propulsion; or c. has a motor boat (KM) flagged the Indonesia be eligible small most GT-sized sea-7 (the seven-Gross Tonnage) as well as most of the GT 35 (thirty-five Gross Tonnage). (4) the ownership of the ship the sea be eligible Indonesia flagged accordingly technical requirements referred to in subsection (3) must be demonstrated through: a. grosse Act of the ship; b. legal status certificate of the ship from the Office where the ship is registered; c. measuring the ship letter still apply; and d. a ship safety certificate is still valid. (5) a permit referred to in subsection (1) is valid for ocean freight shipping company-the people still running his business activities and evaluated every 2 (two) years by the Governor or Regent/Mayor in accordance with those powers. Article 82 (1) in order to obtain a business license ocean freight shipping-folk, the applicant submits an application to the: www.djpp.kemenkumham.go.id 2013, no. 1523 54 a. Governor concerned for companies that are domiciled and operate on a cross-harbour antarkabupaten/city in the province, the port of antarprovinsi, and cross-border; b. the Governors or Mayors are concerned for companies that are domiciled and operate on a cross-Harbor in the kabupaten/kota. (2) the application for business license ocean freight shipping-folk as referred to in paragraph (1) using the format example of 57 on Attachment that is part an integral part of the regulation of the Minister of transportation. (3) Upon application as referred to in paragraph (1), the Governor or Regent/Mayor in accordance with its research business license application requirements top ocean freight shipping-folk within 14 (fourteen) days of work since the complete application is received. (4) research over application business license requirements for ocean freight shipping-folk as referred to in paragraph (3) of the administrative requirements and document technical requirements referred to in Article 81 paragraph (2), subsection (3) and subsection (4). (5) in the research of the terms referred to in paragraph (3), the Governor or the Bupati/Walikota according those powers can confirm the legal status of ship to ship registration authority where the ship is registered. (6) based on the results of the research in terms of the requirements referred to in subsection (3) has not been fulfilled, the Governor or Regent/Mayor in accordance with its refund application in writing to the applicant to complete the requirements. (7) the returned Application as referred to in paragraph (6) may be brought back to the Governor or Regent/Mayor in accordance with its application come. (8) the application for Refund in writing referred to in subsection (6) is accompanied by the reasons of return using the format Example 58 in an attachment that is part an integral part of the regulation of the Minister of transportation. (9) a petition is presented back as referred to in paragraph (7) should be created as a new petition. (10) based on the results of the research in terms of the requirements referred to in subsection (3) have been met, the Governor or www.djpp.kemenkumham.go.id


2013, no. 1523 55 Bupati/Walikota in accordance with its published business license ocean freight shipping-folk using the format Example 59 on Attachment that is part an integral part of the regulation of the Minister of transportation. (11) business license ocean freight shipping-folk that have been provided should be reported by the Governor Or Regent/Mayor periodically every 6 (six) months to the Director General for the preparation of the material information system of marine transport. Article 83 (1) the holder of a business license ocean freight shipping-the people obliged to: a. conduct the operations continuously the longest 6 (six) months after the business license was published; b. comply with all the provisions of the legislation in the field of shipping and the provisions of other laws-invitation; c. reporting in writing to the officials of the giver of the consent in the event of a change of the name of the Director or person in charge's name and/or the name of the owner, the corporate tax payer number, domicile of the company, and the status of ownership of the vessel 14 (fourteen) days after the occurrence of such changes; d. to report in writing to the officials of the giver of the consent of all the data of the ship or ships belonged to operated; e. complete the ships owned by the specification of the ships as part inseparable Business Licence with ocean freight Shipping-people; and f. to report in writing to the officials of the giver of the consent of each opening branch offices. (2) based on the report name changes the main Director or person in charge's name and/or the name of the owner, the corporate tax payer number, domicile of the company, and the status of ownership of vessels referred to in paragraph (2) Letter c, Governor or Regent/Mayor published the certificate name changes the main Director or person in charge's name and/or the name of the owner, the corporate tax payer number, domicile of the company, and the status of ownership of ships that are part of which is inseparable from the company's business licence ocean freight shipping-folk. (3) ocean freight shipping Company-the people that have been doing business activities mandatory delivered: www.djpp.kemenkumham.go.id 2013, no. 1523 56 a. report business license obtained to the organizers of the port; b. plan the arrival of the ships longest-24 (twenty four) hours before the ship arrives at the port and the ship's departure after loading/unloading completed and finish the other obligations in the port to the organizers of the port using the format Example 60 on Attachment that is part an integral part of the regulation of the Minister of transportation; c. monthly report of activities to the organizers of the ship visits port of 14 (fourteen) days next month which is a recapitulation of the arrival and departure of the ship reports using the format Example 61 on Attachment that is part an integral part of the regulation of the Minister of transportation; d. report on the realization of the operation of the ship (voyage report) to officials of the giver of the consent for ships with a fixed and regular route 14 (fourteen) days from the time the ship completed one (1) travel (voyage round), while for ships with no fixed route and irregular at any one (1) months using the format Example 62 on Attachment that is part an integral part of the regulation of the Minister of transportation; and e. annual report company activities to officials with copy permission giver to the Minister the longest February 1 in the year running which is a recapitulation of the realization of the operation of a ship report (voyage report) using the format Examples and samples 64 63 on Attachment that is part an integral part of the regulation of the Minister of transportation. The third part of the Ordinance Granting Permission a special ocean freight Operations Chapter 84 to be able to do the activities of implementing specific ocean freight ocean freight activities specifically required to have operating permit granted by the Director General. Article 85 (1) Permits the operations referred to in Article 84 is granted after compliant: www.djpp.kemenkumham.go.id 2013, no. 1523 57 a. Administration; and b. technical. (2) Administrative Requirements as referred to in paragraph (1) letter a include: a. have a business license or description patrons efforts from institutions registered anyway accompanied a copy of the deed of establishment of a company that is attached with the decision letter of endorsement of the company's establishment certificate from authorized agencies; b. have a corporate tax payer number; c. have a person in charge who is the Supreme Leader of the company in accordance with the regulations; d. occupy places of business, whether in the form of its own nor rent, based on the company's domicile certificate from authorized agencies, as evidenced by proof of ownership or lease agreement; e. have at least 1 (one) person Diploma level III experts in the field of ketatalaksanaan, nautis, technical or commercial shipping, as evidenced by a copy of a diploma which legalised by the authorized agency; and f. has a business plan and operating plan (business plan). (3) the technical requirements referred to in paragraph (1) letter b include: a. having at least 1 (one) unit of flagged ships that Indonesia be eligible to the sea with the size and type of boat adapted to the type of business anyway; and b. have at least 1 (one) person Diploma level III experts in the field of ketatalaksanaan and/or the nautika and/or commercial voyage teknika. (4) a ship flagged that Indonesia be eligible to sea as referred to in paragraph (2) letter a should be demonstrated with the attach: a. grosse Act of the ship; b. measuring the ship letter still apply; c. certificate of safety of ships which are still in force; and d. the certificate of classification. (5) a permit referred to in subsection (1) applies for implementing special ocean freight activities still run the activities www.djpp.kemenkumham.go.id 2013, no. 1523 58 his efforts and evaluated every 2 (two) years by the Director General. Article 86 (1) to obtain the permission of a special ocean freight operation, organizers of special ocean freight activities must apply to the Director General with 65 Examples using the format at Annex a part an integral part of the regulation of the Minister of transportation. (2) Upon application as referred to in paragraph (1), the Director General conducted a study permit application requirements top ocean freight operations specifically within 14 (fourteen) days of work since the complete application is received. (3) the research permit application requirements top ocean freight operations specifically referred to in subsection (2) made against the document requirements for administrative and technical requirements referred to in Article 85 paragraph (2) and paragraph (3). (4) in conducting the research as referred to in paragraph (3), the Director General may confirm the legal status of the ship into the Harbour Office or the Office of the port in which the ship's organizers units registered. (5) based on the results of the research in terms of the requirements referred to in subsection (3) has not been fulfilled, the Director General of the refund application in writing to the applicant to complete the requirements. (6) the returned Application referred to in subsection (5), it can be resubmitted to the Director-General after a petition is completed. (7) a Petition filed back sebagimana mentioned on paragraph (6) should be created as a new petition. (8) the application for Refund in writing referred to in subsection (5) is accompanied by the reasons of return using the format Examples 66 on Attachment that is part an integral part of the regulation of the Minister of transportation. (9) based on the results of the research in terms of the requirements referred to in subsection (3) have been met, the Director General of sea transportation operating permits issued the special using the format Example 67 on Attachment that is part an integral part of the regulation of the Minister of transportation. www.djpp.kemenkumham.go.id


2013, no. 1523 59 Article 87 (1) Organizers of activities special ocean freight have been getting permits, mandatory operations: a. conducting operations continuously the longest 3 (three) months after the business license was published; b. comply with the provisions of legislation in the field of shipping and the provisions of other laws and regulations; c. giving priority accommodation for cadets or students who carry out the work practices of the sea; d. monthly report in writing to the officials of the giver of the consent; e. to report in writing to the operation of the ship and/or boat charters every 3 (three) months to officials the permission giver; f. report in writing in the event of a change of the name of the Director or person in charge name and/or the name of the owner, the number of tax payer's company, and the company's domicile to officials the permission giver; g. report any addition or subtraction going on a ship owned or operated and register to get the specifications of the ship; and h. a written report on the realization of the operation of the ship (voyage report) to officials of the giver of the consent. (2) Report the name change of the main Director or person in charge's name and/or the name of the owner, the number of corporate tax payer, and domicile of the company as referred to in paragraph (1) letter f, it must be accompanied by a copy of: a. the operating Licence of the special Sea transport companies (SIOPSUS); b. certificate of change of name changes for the company, Director or person in charge's name and/or the name of the owner; c. the population Sign Card Director or person in charge, for the main Director or name change the name of the person in charge and/or the name of the owner; d. corporate tax payer number, for changes in corporate tax payer number; and e. the company domicile affidavits, to the domicile of the company. (3) on the basis of the report referred to in subsection (2), the Director-General to publish the certificate name change Director www.djpp.kemenkumham.go.id 2013, no. 1523 60 primary or the name of the person in charge and/or the name of the owner, the number of corporate tax payer, and domicile of the company which is the part that is an integral part of the operating Licence of the special Sea transport company (SIOPSUS). Article 88 of the company's operating permit Holders ocean freight specialized in conducting his business, mandatory report: a. the arrival and departure of ships (LK3), list of payloads on board the ship (cargo manifest) to the organizers of the port; b. activities of the monthly visits to the organizers of the ship Harbor, the longest in the fourteen (14) day of the following month which is a recapitulation of the arrival and departure of ships reports; c. realization of the operation of the vessel (voyage report) to officials permission giver every 3 (three) months in the period of selambat the latest fourteen (14) day of the following month by using a format Example 62 on Attachment that is part an integral part of the regulation of the Minister of transportation; and d. the annual activities of the company to officials of the giver of the consent, the longest February 1 in the year running which is a recapitulation of the realization of the operation of a ship report (voyage report) using the format Example 5a, 5b, 5 c Example Example Example Example 5 d, 5e, 5f and examples on the attachment that is part an integral part of the regulation of the Minister of transportation. Part of the fourth branch office Article 89 (1) in order to support the improvement of service to visit the ship and boat charters, national sea transport company and the transport company ocean cruise-people can open a branch office of the company. (2) the service of a ship operated by implementing special sea freight can be carried out by the Branch Office business anyway. (3) a branch office of the national sea transport company and the transport company cruise-sea people referred to in subsection (1), is the organic part is inseparable from its headquarters. www.djpp.kemenkumham.go.id 2013, no. 1523 61 Article 90 (1) the opening of a branch office of the company as stipulated in article 89 paragraph (1) is carried out taking into account: a. the existence of activities visit ships belonging to and/or ship charter services on an ongoing basis; b. whenever possible gives opportunities and job opportunities for the local population; and c. the whole provisions of legislation in the field of transport in the waters, kepelabuhanan, safety and security, maritime environmental protection, and the provisions of the regulations of the local government. (2) the opening of a branch office of the company as stipulated in article 89 paragraph (1), the obligatory reported to: a. the Director General with a copy to the Governor, Bupati/Walikota, and organizer of the Harbour, the sea transport companies for the scope of its activities serve the cross-Harbor antarprovinsi and/or international using the format Example 68 on Attachment that is part an integral part of the regulation of the Minister of transportation; b. the Governor with a copy to the Director-General, Regent/Mayor, and organizer of the Harbour for national sea transport company the scope of its activities serve the cross-Harbor antarkabupaten/city within one (1) province and sea transport company cruise-the scope of its activities serve the cross-Harbor antarkabupaten/city in the province, cross Harbor antarprovinsi as well as the national port traffic using the format Example 69 on Attachment that is part an integral part of the regulation of the Minister of transportation; and c. the Bupati/Walikota with copy to the Director-General, Governor, and organizers of the port for the firm sea transport and sea transport company cruise-the scope of its activities serve the port traffic within 1 (one) district/city using the format Example 70 on Attachment that is part an integral part of the regulation of the Minister of transportation. (3) report on the opening of the branch office as referred to in paragraph (2), must be signed by the person in charge of the company and enclosed with the copy: www.djpp.kemenkumham.go.id 2013, no. 1523 62 a. Business Licence transport company sea (SIUPAL); b. clarification of the opening of the Branch Office of the organizers of the port; c. branch domicile certificate issued by the authorized agency; d. Decree appointing the head of the branch that is signed by the person in charge of the company; e. Population Sign Card of the head of branch offices; f. plan of operation of the vessel charter, owned and/or operated ports winds that routinely; and g. report on the realization of the operation of the ship (voyage report) three (3) months. (4) based on the reports of the opening of the branch office as referred to in paragraph (2), the Director General, Governor or Regent/Mayor of its records and issue the appropriate certificate of registration upon the opening of the Branch Office of marine transport companies using the format Example 71 on Appendices that are part an integral part of the regulation of the Minister of transportation. (5) the marine transport company which operates branch offices must keep all the provisions of the legislation in the field of transport in the waters, kepelabuhanan, safety and security, maritime environmental protection, and the provisions of the regulations of the local government. Article 91 (1) the Director General, Governor or Regent/Mayor according its evaluation every 6 (six) months against the existence of a branch office activities based on the reports of the realization of the operation of the ship (voyage report) as stipulated in article 90 paragraph (3) the letter g. (2) based on the results of the evaluation as referred to in paragraph (1), the Director General, Governor or Regent/Mayor may terminate the activities of the branch office when no visits ship belongs or rent boats operated. (3) any closure of the activities of the Branch Office, mandatory reported by ocean freight company headquarters to officials with copy permission giver Organizers Port where branch offices are located. www.djpp.kemenkumham.go.id 2013, no. 1523 63 chapter V OBLIGATIONS and RESPONSIBILITIES of TRANSPORT Carrier Liability is considered Part of article 92 (1) a mandatory water transport company carrying passengers and/or goods especially postal transit treaty agreed in the carriage. (2) transportation Agreement referred to in subsection (1), evidenced by the passenger tickets or documents charge. (3) prior to carrying out the transport referred to in paragraph (1), water transport companies must ensure: a. the transportation ship kelaiklautan compliant; b. transportation ship has filled the fuel and fresh water supply and are equipped with enough logistics; c. the passenger space, space cooling, space charge, and other storage places on board quite adequate and safe for occupancy of passengers and/or laden with goods; and d. how loading, handling, storage, stacking, and offloading goods and/or the rise or fall of passengers carried out meticulous and careful. Article 93 (1) water transport company responsible for the safety and kemananan of passengers and/or goods that he brought. (2) water transport companies responsible for the cargo in accordance with the type and quantity of which is expressed in the document of charges and/or agreement or the contract of carriage that had been agreed upon. (3) transportation company in the waters of the compulsory insuring passengers and goods transported. Article 94 (1) water transport company responsible for the consequences caused by the operation of their ships. (2) the liability referred to in subsection (1), made against: www.djpp.kemenkumham.go.id


2013, no. 1523 64 a. death or wound passengers carried; b. destroyed, lost, or damaged the goods transported; c. delay in passenger transport and/or goods being transported; or d. third-party losses. (3) transportation company in the waters of the compulsory insuring the responsibility referred to in subsection (2) and carry out the basic public passenger protection insurance in accordance with the provisions of the legislation. (4) the limit of liability for carriage of goods as referred to in paragraph (2) letter b, set upon mutual agreement between the user and the service provider in accordance with the Treaty or in accordance with the provisions of the transport laws-invitation. (5) Limits the responsibilities of passenger transport delays and/or goods referred to in paragraph (2) Letter c is assigned based on the mutual agreement between the user and the service provider in accordance with the Treaty or in accordance with the provisions of the transport legislation. (6) the limit of liability for the losses of third parties as referred to in paragraph (2) letter d assigned based on the provisions of the legislation. (7) in terms of transport companies in the waters could prove that the losses referred to in paragraph (2) letter b, letter c, letter d and not due to his fault, the transport company in waters can exempt some or all of his responsibilities. The second part of the standard Amenities and convenience for passengers, disabled and pregnant women, Children under the age of 5 (five) years, the sick, and the Elderly Article 95 (1) water transport companies obliged to provide special facilities and conveniences for the disabled, pregnant women, breastfeeding women, children under the age of 5 (five) years, the sick, and the aged. (2) special facilities referred to in subsection (1) in the form of the provision: www.djpp.kemenkumham.go.id 2013, no. 1523 65 a. special facility for the disabled to go up to or down from the ship; b. special facility for disabled for on board; c. AIDS for the sick who require pengangkutannya in position to sleep; and d. special facilities for passengers who suffered from infectious diseases. (3) a Special Facility for the disabled to go up to or down from the vessel referred to in paragraph (2) letter a, among others: a. Special ladder; and b. wheelchairs. (4) a Special Facility for the disabled during the ship referred to in paragraph (2) letter b, among others: a. special seating; and b. the special toilets. (5) AIDS for the sick who sleep in positions requiring pengangkutannya as referred to in paragraph (2) Letter c, among others, a special bed. (6) special facilities for passengers who suffered from infectious diseases as referred to in paragraph (2) letter d include space isolation. (7) Ease as referred to in paragraph (1), in the form of granting priority: a. transportation to get tickets; and b. the Ministry to get onto and off of the ship. (8) transportation company in waters must provide special facilities for service officers as referred to in paragraph (2). (9) the granting of special facilities and ease as referred to in paragraph (1), no admission fee. CHAPTER VI PROCEDURES for TRANSPORTING and HANDLING in the PORT AGAINST the DANGEROUS GOODS and SPECIAL ITEMS of article 96 (1) special haulage and dangerous goods must meet the requirements: www.djpp.kemenkumham.go.id 2013, no. 1523 66 a. handling and unloading, stacking, and storage while at the ship as well as packaging, stacking, and storage in the port; b. compliance with safety regulations and standards, both national and international, for the transport of dangerous goods special ship; and c. the marking of certain dangerous goods in accordance with the transported. (2) the specific Items referred to in subsection (1) may include: a. wood logs (logs); b. bulk goods; c. rail; and d. the cattle. (3) Dangerous Goods referred to in subsection (1)-shaped: a. liquid ingredients; b. solid materials; and c. the material gases. (4) Dangerous Goods referred to in subsection (3), classified as follows: a. explosive; b. gas felted, liquefied or dissolved under pressure; c. combustible liquids; d. solid combustible goods; e. combustible materials; f. materials if exposed to water the combustible gas; g. poroxida organic; h. toxic substances; i. materials that cause infections; radio active materials j.; and k. substances causing corrosion and materials or other harmful substances. www.djpp.kemenkumham.go.id 2013, no. 1523 67 Article 97 (1) freight Handling, stacking, storage, and loading and unloading of dangerous goods and special items to and from the vessel referred to in Section 96 subsection (1) letter a is done with the completeness of safety facilities by labor that have certain qualifications. (2) the provisions concerning the completeness of safety facilities by labor that have certain qualifications as referred to in paragraph (1), carried out in accordance with the provisions of the legislation. Article 98 (1) an owner, operator, and/or agent marine transport company which transports the dangerous goods and special items, is obligated to deliver the notice to the authorized agencies in the port before the ship arrives at the port. (2) the notice referred to in subsection (1) include, among others: a. type of goods; b. the amount of the charge; c. category; d. classification; e. origin and destination; f. the owner of the goods; and g. way of handling. CHAPTER VII the DEVELOPMENT and PROCUREMENT of a FLEET of COMMERCE is considered part of the NATIONAL potential and the needs of National Commercial Fleet Article 99 (1) the development of national commercial fleet and procurement is carried out in order to support the empowerment of national sea transport industry. (2) Empowering the national sea transport industry as referred to in paragraph (1) required by the Government by: a. providing facilities financing and taxation; www.djpp.kemenkumham.go.id 2013, no. 1523 68 b. facilitate partnership long-term contract between the owner of the goods and the owner of the ship; and c. provide assurance of the availability of fuel oil to ocean freight. (3) Granting facilities financing and taxation referred to in paragraph (2) letter a include the following: a. developing the non-bank financial institutions specifically for financing the procurement of a fleet of national commerce; b. facilitating the availability of financing for the development of national commercial fleet, whether that comes from a banking or financial institution non-bank, with an attractive loan conditions; and c. provide fiscal incentives for the development and procurement of a fleet of national commerce. (4) Government facilities as referred to in paragraph (2) the Government is obligated to: a. require the carriage of goods or import charges that Government-owned pengadaannya carried out by the importer using flagged ship Indonesia operated by national sea transport companies; and b. facilitate export trade terms in order to charge for this type of charge or certain items so that the pengangkutannya is done by the national sea transport companies using the flagged ship Indonesia. (5) the giving of the guarantee of the availability of fuel oil to marine transport as referred to in paragraph (2) was done by providing fuel oil in accordance with routes and the number of days the screen to the national sea transport company which operates Indonesia flagged ships and ocean freight conduct activities within the country. (6) Retaining the shipping industry required national Governments with: a. setting integrated shipbuilding industrial area; b. develop a design centre, research and development industry national vessels; c. develop standardization and ship components running mates by using local content and conduct technology transfer; d. develop industrial raw materials and components of the ship; www.djpp.kemenkumham.go.id


2013, no. 1523 e 69. offer incentives to national sea transport companies that build and/or refit vessels in domestic and/or the procurement of the ship from abroad; f. building on of the national shipbuilding industry in pengadaannya costs charged to the budget of the State Expenditures Revenue or Income Budget Shopping Area; g. building a ship that their funding comes from abroad by using as many local content and technology transfer implementation; and h. maintain and refit ships in national shipping industry cost is charged to the budget of the State Expenditures Revenue or Income Budget Shopping area. Article 100 (1) to find out the needs of the fleet of the National Commerce, Director General of evaluation and supervision against national commercial fleet. (2) Evaluation and monitoring as referred to in paragraph (1), among others, carried out through logging the number of ships to find out the needs of the national commercial fleet. (3) in order to logging the number of ships as referred to in paragraph (2), sea transport company, ocean freight shipping company-folk, and a special sea transport companies obliged to report any vessel that is owned, leased, or operated to officials permission giver. (4) a report referred to in paragraph (3) should be enclosed with a copy of: a. letter of Sea transport company business license (SIUPAL); b. the grosse Act of the ship; c. measuring mail ship; d. certificate of safety construction and equipment of ships which are still in force; e. hull and machinery of the vessel certificate of classification; f. the staple size ship (ship particular); and g. a letter tenancy agreement/charter for ships which are not operated by their owners. (5) the report referred to in subsection (4) is used as a condition of granting the ship's specifications. www.djpp.kemenkumham.go.id 2013, no. 1523 70 (6) staple Size ship (ship particular) reported as referred to in paragraph (4) should at least contain the letter f data ships: a. type/type; b. photographs of the ship; c. the year of making; d. overall length; e. the length between the upright; f. width; g.; h. laden water; i. gross tonnage ships (grosse tonnage); j. deadweight ship (dead weight tonnage); k. transport capacity (passengers/goods/container/vehicle/animal); b. speed; d. number and power of the main engine; n. amount of power and auxiliary machinery; and o. per-day fuel usage. (7) the company's ocean freight, marine freight shipping company-folk, and a special sea transport companies delivered a petition for the issuance of ship's specifications to the officials of the giver for permission using the format Example 72 on Attachment that is part an integral part of the regulation of the Minister of transportation. (8) the permission giver Officials published the specifications of the ships referred to in Article 72 paragraph (1) the letter h, article 83 paragraph (1) letter e, article 87 paragraph (1) Letter g by using a format Example 73 on Attachment that is part an integral part of the regulation of the Minister of transportation. (9) the technical specifications of the Vessel has been issued by the appropriate permission giver officials with those powers referred to in subsection (8) is recorded as a potential national commercial fleet. (10) the potential of national commercial fleet as intended in paragraph (9) was made the material preparation of policy guidance and the national commercial fleet needs. www.djpp.kemenkumham.go.id 2013, no. 1523 71 Article 101 (1) based on the data of potential national commercial fleet, the Directorate of analysis and projections of national commercial fleet needs. (2) the analysis and projection of national commercial fleet needs as referred to in paragraph (1) was carried out to find out: a. the transport capacity of the attached national; b. projections of the growth of the national sea transport charge; c. appropriate fleet needs the type of commodity; d. appropriate fleet needs this type of activity/type of the vessel; e. alternative financing and procurement; and f. commercial fleet fuel consumption nationwide. (3) the results of the analysis and projection of national commercial fleet needs, informed to the stakeholders/related and community stakeholders using information and communication technologies. (4) for the purposes of the evaluation and development of national commercial fleet, carried out the construction and upgrade human resources. (5) human resources capacity as referred to in paragraph (4), can be implemented through the Organization of training, workshops and courses in the field of kepelabuhanan as well as traffic and ocean freight. (6) human resources capacity as referred to in paragraph (4) and paragraph (5) can be done through cooperation with other relevant agencies. The second part of the National Sea Transport Industry Empowerment Article 102 (1) the Government shall be obliged to perform the empowerment of national ocean freight industry by creating a business climate that is conducive to growth and development of the national sea transport companies. (2) Empowering the national sea transport industry as referred to in subsection (1) is carried out in accordance with the provisions of the legislation as well as through the support of the sectors concerned. (3) the creation of a conducive business climate as referred to in paragraph (1) may be made through the granting of facilities: www.djpp.kemenkumham.go.id 2013, no. 1523 72 a. financing is done through coordination with relevant agencies to develop non-bank financial institutions, specifically to financing the procurement of a fleet of national commerce, facilitating the availability of financing for the development of national commercial fleet, whether that comes from a banking or financial institution non-bank, with an attractive loan conditions; b. taxation done through coordination with relevant agencies to provide fiscal incentives for the development and procurement of the national sea transport fleet, among others: 1. Value added tax (VAT) treatment of submission kepelabuhanan services for ocean freight activities abroad; 2. Value added tax (VAT) the purchase of fuel oil to ocean freight activities abroad; and 3. import duties import of ship spare parts. c. long-term contract between partnership owners of goods/owners and boat owners activities conducted through coordination with related agencies and stakeholders as a guarantee for the rejuvenation and/or national commercial fleet procurement; d. provide assurance of the availability of fuel oil to marine transport is done through coordination with agencies and stakeholders related to guarantee this service ocean freight that is effective and efficient. CHAPTER VIII PENARIFAN Article 103 ocean freight Rates consist of tariff rates and passenger transport freight transport. Considered part of the passenger transport Tariff Article 104 (1) passenger transport Fare as stipulated in article 103 consists of different types of rates for: a. the economy class; and b. a non-economic classes. (2) the structure of the economy class passenger transport tariff consists of the base rate and the rate of the distance. www.djpp.kemenkumham.go.id 2013, no. 1523 73 (3) passenger transport tariff Structure of non-economic classes comprising base rate, tariff distance, and the price of the additional services. (4) the basic Fare and passenger transport distance fares economy class referred to in subsection (2), defined by: a. the Minister for inland sea passenger transport within 1 (one) series a network of routes cruise antarwilayah province; b. the Governor for sea passenger transport within the country in 1 (one) series a network of routes cruise antarwilayah district/city within one (1) province; and c. the Bupati/Walikota to passenger transport inland sea in 1 (one) series a cruise route network in one district/city. (5) the basic rate of magnitude, distance, and tariff rates additional services as referred to in paragraph (3) is the upper limit of tariffs. (6) the basic Tariff, tariff distance, rate and additional passenger transport services for non-economic as referred to in paragraph (3), set by organizers of an extra level of service based on transport provided. Article 105 Mechanism determination, calculation of quantity of tariff rates, and the upper limit of the inland sea passenger transport economy class is implemented on the basis of the provisions of the legislation. The second part of the price of Transport of goods Article 106 (1) Tariff goods transport as referred to in article 103, set by a provider of transport services on the basis of agreement between the users and providers of transport services in accordance with the type, structure, and the rates set by the Minister. (2) type of goods transport tariff referred to in subsection (1) consists of: a. appropriate form of items and their nature require handling in General; b. special goods because of the nature and size requires special handling, among others, wood logs, bulk freight, rail, and livestock; www.djpp.kemenkumham.go.id


2013, no. 1523 74 c. dangerous goods because of the nature, characteristics, and circumstances may harm the human soul and the environment which may take the form of materials of liquid, solid, and gaseous materials; and d. the vehicle together with the transported charge Ro-Ro ships. (3) the tariff structure of the transport of goods referred to in subsection (1), frame rate is associated with: a. particulars of the type of goods; b. form of packaging; c. volume or weight of the goods; and d. the distance or travel time. (4) the price of the transport of goods referred to in subsection (1) is defined based on the tariff classification: a. type of goods being transported; b. type of services; c. classification; and d. the transportation facilities. Article 107 (1) of the type of goods that are transported as referred to in article 106 paragraph (4) the letter a include: a. public goods; b. container; c. bulk dry; d. Bulk liquid; e. vehicles; f. gas; and g. the cattle. (2) types of services referred to in Article 106 paragraph (4) the letter b include public service and special service among other things the use of reefer container. (3) the classification referred to in Article 106 paragraph (4) of the letter c covers: a. based on the nature of goods covers general merchandise, goods, and the goods are dangerous; b. based on its size, among others the over dimension; and www.djpp.kemenkumham.go.id 2013, no. 1523 75 c. based on the nature of the responses, among others, project cargo with special sizes and shapes. (4) the Transport Facilities as referred to in article 106 paragraph (4) the letter d include transportation unimoda and multimoda. CHAPTER IX OCEAN FREIGHT INFORMATION SYSTEM is considered part of the ocean freight information system of organization of Article 108 (1) sea transport information system includes the collection, management, penganalisaan, storage, presentation, and dissemination of data and information of sea transport. (2) sea transport information system referred to in paragraph (1) was established to: a. support operational ocean freight; b. improving the service to the community or the public; and c. support the formulation of policies in the field of sea transport. (3) conducting of ocean freight information system done by building and developing the hardware, software, information networks, and communications by leveraging information and communication technologies. (4) sea transport information system referred to in subsection (1) is held by the Director General with the intention of providing and meeting the needs of data and information to users and providers of transport services society as well as the sea. (5) the Governor and/or Bupati/Walikota ocean freight information system organizes according its based on guidelines set out by the Director General and the obligatory coordination, synchronization of data and information with the national sea transport information system. The second part of the management information system in ocean freight Section 109 management of ocean freight information system referred to in Section 108 subsection (1) includes the collection, processing, www.djpp.kemenkumham.go.id 2013, no. 1523 76 penganalisaan, storage, presentation, updates, as well as the distribution of data and information of sea transport. The third part of the module Information Section 110 ocean freight ocean freight information system is unitary information systems which consist of information modules: a. the potential company ocean freight, ocean freight, ocean freight shipping-folk, and related ocean freight service company; b. potential national commercial fleet; c. licensing in the field of sea transport and sea transport-related businesses; d. operational performance of domestic sea transport; e. operational performance of foreign sea transport; f. Special ocean freight operational performance; g. information load and space ships; h. network mapping routes and ocean freight operations of the pioneers; i. the information service of the ships and goods in the port (Indonesia Port Net/Inaportnet); and j. ocean freight information for certain activities such as ocean freight lebaran, Christmas, and new year's. The fourth part of the module Information load and space ship Article 111 (1) information load and space ships as referred to in article 110 of the letter g is a container for information load and space ships with bring together service users and service providers space ships assisted with information and communication technology systems within the framework of the implementation of the transport of goods by sea. (2) for the implementation of the information load and space ships as referred to in paragraph (1), may be formed the forum of information load and space ships whose membership consists of establishments and/or related associations, among others: www.djpp.kemenkumham.go.id 2013, no. 1523 77 a. Government; b. Association owner of the charge; and c. the Transport Association. (3) the information load and space ships include: a. information for sea transport users (shippers) include: 1. the name and address of sea transport companies; 2. the number and schedule of cruises; 3. types, types, and sizes as well as years of shipbuilding; 4. loading and unloading ships tools; 5. the speed of the ship; 6. the position of the ship; and 7. space ship available. b. information for ocean freight service providers (shipowners) are: 1. the name and address of the customer the space ship; 2. the type, number, weight, and size of the commodity; 3. the schedule of planned shipments; 4. type of packaging of goods; and 5. origin and destination port of shipment. (4) any person or business entity that performs the activities of ocean freight is obligated to deliver data and information activities to be used by users of ocean freight services as referred to in paragraph (2) letter a through a forum of information load and space ships. (5) every person and/or business entities that require mandatory sea transport services deliver data and information needs of the space ship to be used by service providers of ocean freight as intended in paragraph (1) letter b charge information through a forum and space ships. (6) in implementing the forum information load and space ships as referred to in paragraph (2), could be established the Secretariat of the Permanent forum's organizer information load and space ships with the decision of the Director General. www.djpp.kemenkumham.go.id 2013, no. 1523 78 (7) the Director General of the mandatory report realization of the implementation of the Organization of the forum information load and space ships at regular intervals every 6 (six) months to the Minister. The fifth Module Information section Inaportnet Article 112 (1) Inaportnet Information referred to in Article 110 of the letter i is a container that provides information services and goods are integrated to support the smooth flow of goods and services in the port, using electronic systems. (2) the information system with integrated Inaportnet information in Directorate General of Sea Transportation. The sixth Presentation, updates, and ocean freight information systems Distribution Article 113 (1) in order to support operational ocean freight, improve services to the community, and support the formulation of policies in the field of sea transport, Director General of doing presentation, updates, and distribution of authorities and stakeholders/stakeholders and the public in accordance with related laws and regulations. (2) the representation of ocean freight information system is done through the printing of books module information and development of ocean freight information system portal. CHAPTER X the IMPOSITION of an ADMINISTRATIVE SANCTION PROCEDURES Article 114 (1) of the national sea transport companies and ocean freight shipping company-the people that have been getting a business license, and a special sea transport companies have been getting special permission ocean freight operation in violation of the provisions referred to in article 10 paragraph (1), article 10 paragraph (7), article 10 paragraph (8), article 14 paragraph (1), article 15 paragraph (1) , Article 16, article 11 paragraph (1) of article 30, paragraph (1), article 32 paragraph (1) of article 35, paragraph (1), article 35, paragraph (2) of article 44, paragraph (1) of article 48 paragraph (3), article 51 paragraph (1), article www.djpp.kemenkumham.go.id


2013, no. 1523 79 58 subsection (6), article 68, paragraph (2) of article 72, paragraph (1) of article 74 Article 75, paragraph (1), article 77, article 78, article 80 paragraph (2), section 83 subsection (1), section 83 subsection (3), article 84, section 87 subsection (1), of article 88, article 90 paragraph (2), article 91 paragraph (3), article 92, paragraph (1) of article 93, paragraph (3) of article 94 paragraph (3) Article 95, paragraph (1), section 98 subsection (1), and article 100 paragraph (3) may be subject to administrative sanctions. (2) administrative Sanctions referred to in paragraph (1) can be either: a. a written warning; b. freezing of permissions; and/or c. revocation. (3) administrative Sanctions referred to in paragraph (2) is by the Director General, or Governor, Bupati/Walikota in accordance with those powers. Article 115 (1) of the administrative Sanction in the form of a written warning as stipulated in article 114 paragraph (2) letter a is as much as 3 (three) times in a row for each period of 30 (thirty) calendar days. (2) in the event that the holder of the permit does not implement its obligations after the end of the third period of a written warning, is an administrative sanction in the form of freezing permission. (3) Freeze the permit referred to in subsection (2) is in a period of 30 (thirty) calendar days. (4) the permit is revoked if the holder of the permit does not implement its obligations after the freeze period of the permit as referred to in subsection (3) expires. Article 116 of the operating permit or business license can be revoked without going through the warning process and freeze the permit, in which case the company in question: a. undertake activities that could endanger the security of the State based on the decision of the authorized agencies; b. operate the vessels which are not be eligible to the sea, which can lead to the fall of the loss of life and property on the basis of the decision of the authorized agencies; c. the company declares bankruptcy or fall disbanded upon the decision of the authorized agencies; and www.djpp.kemenkumham.go.id 2013, no. 1523 80 d. obtain a business license and/or operating permits are not valid. CHAPTER XI CLOSING PROVISIONS Article 117 the Director General implement coaching and technical supervision against the implementation of the regulation of the Minister of transport. Article 118 entry into force By regulation of the Minister of transport, then the decision of the Minister of transportation KM Number. 33 in 2001 about Organizing and ocean freight Concessions, repealed and declared inapplicable. Article 119 of this regulation of the Minister of transport entered into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of regulations the Minister of transportation is by its placement in the news of the Republic of Indonesia. Established in Jakarta on December 13, 1995 the MINISTER of TRANSPORTATION of the REPUBLIC of INDONESIA, E.E. MANGINDAAN Enacted in Jakarta on 20 December 2013 MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.kemenkumham.go.id