The text is not in the original format.
Back
SHEET COUNTRY
REPUBLIC OF INDONESIA
No. 26, 2010 | (Explanation in Additional State Sheet of Indonesia Number 5108) |
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
NO MOR 20 2010
ABOUT
TRANSPORT IN THE WATERS
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Weighing: that to execute the provisions of
Section 10 ,
Section 12 ,
Section 14 ,
Section 17 ,
Section 20 ,
Section 23 ,
Section 26,
Section 30,
Article 34,
Article 37,
Article 39 ,
Section 43,
Article 49,
Article 58,
Article 59 paragraph (3),
Article 268, and
Section 273 paragraph (2) Act Number 17 of 2008 on Voyage, need to establish Government Regulation on Transport in the Waters;
Remembering: 1. Section 5 of the paragraph (2) of the Basic Law of the Republic of Indonesia Year of 1945;
2.
Law Number 17 Of 2008 Of The Voyage (sheet Of State Of The Republic Of Indonesia 2008 Number 64, Additional Sheet Of State Republic Indonesia Number 4849);
DECIDED:
Establish: GOVERNMENT REGULATIONS ON TRANSIT IN THE WATERS.
BAB I
UMUM PROVISIONS
Section 1
In this Government Regulation referred to by:
1. Transport in Waters, Special Sea Freight, Sea Freight-People, Scientists-Scientists, Ships, Foreign Ships, Subjects, General Agents, Related Services Efforts, Port, Main Port, Collector Port, Port of Bait, Special Terminal, Agency Efforts, and Each Person is as referred to in Act No. 17 of 2008 on Voyage (Sheet State Of The Republic Of Indonesia 2008 Number 64, Additional Sheet Of State Republic Of Indonesia Number 4849).
2. Sea Transport is a transport activity which according to its activities serves marine transport activities.
3. Domestic Sea Transport is a naval transport operation carried out in Indonesian territorial waters organized by the national maritime transport company.
4. Overseas Sea Transport is a marine transport activity from a port or special terminal open to foreign trade to overseas ports or from overseas ports to open Indonesian ports or terminals. for foreign trade organized by the sea-freight companies.
5. River Transport and Lake is a transport activity using vessels carried out in rivers, lakes, reservoirs, swamps, flood canals, and canals to transport passengers and/or goods organized by river freight companies and the lake.
6. River and Lake Transport for Self-Importance is the transportation of rivers and lakes that are undertaken to serve its own interests in support of the main businesses.
7. Freight Crossings is a transport that serves as a bridge connecting road networks and/or a network of railway lines separated by the waters to transport passengers and vehicles and their cargo.
8. Ship Berflagged Indonesia is a ship that has been registered in the Indonesian Ship List.
9. The Traject Network is a collection of objects that become a single unit of passenger transport services and/or goods from one port to another.
10. Fixed and Managed (liner) services are freight services that are carried out fixed and regularly on schedule and mention a port of stopping.
11. Unfixed and Unregulated (tramper) is a freight service that is performed unfixed and disordered.
12. Sub Agent is a national marine transit company or a national corporation specifically established to conduct a ship's agency in a specific harbor or special terminal appointed by a general agent.
13. The representative of the Foreign Transport Company (owner's representative) is an Indonesian national or foreign individual who is appointed by a foreign overseas freight company abroad to represent the United States. His administrative interests are in Indonesia.
14. The Unloading of Muat Goods is a mobile activity in the field of unloading of goods from and to ships in the port that includes the activities of stevedoring, cargodoring, and receiving/delivery.
15. Stevedoringis the job of unloading the goods from the ship to the dock/barge/truck or loading the goods from the dermaga/tongkang/truck into the ship until it is composed in the ship's palka by using the ship's crane or the ground crane.
16. Cargodoringis the work of releasing items from the rigging (ex tackle) on the dock and transports from the dock to the warehouse/field buildup of goods or vice versa.
17. Receiving/deliveryis the work of moving the goods from the build/spot in the build/field of buildup and handing it up to the top of the vehicle at the warehouse/buildup field or vice versa.
18. Transportation Transportation Services (freight forwarding) is a business activity intended for all activities necessary for the performance of delivery and receipt of goods by land transport, rail, sea, and/or air transport.
19. Port waterboarding efforts are an attempt to move passengers and/or goods from the dock to the ship or vice versa, and from the ship to the ship in the harbor waters.
20. Marine Transport Equipment Leasing or Appliance Services related to Marine Transport is a business activity to provide and lease marine transit equipment or services equipment related to sea transport and/or buoyers for the Ship service.
21. TallyMandiri is a service business activity counting, measuring, weighing, and making notes of the charge for the benefit of the charge owner and/or the carrier.
22. The Department of Kemas Depo is a business activity that includes storage, buildup, cleaning, and repair of the container.
23. Ship Management (ship management) is a ship's management service in the ship's technical field including maintenance, preparation of docking, provision of spare parts, supplies, debugging, insurance, and ship-level certification of the ship.
24. Purchasing and/or Sewa Ships (ship broker) is a ship-selling intermediate (sale and purchase) venture and/or lease rent a ship (chartering).
25. Ship manning agency (ship manning agency) is a service to the ship's crew that includes recruitmen and rts or terminals that are open to overseas trade.
(4) Foreign transport companies as referred to in paragraph (3) are obliged to appoint a national company as a general agent.
(5) Foreign transport companies are prohibited from conducting inter-island or interport sea transport activities in Indonesian territorial waters.
(6) Foreign transport companies that violate the provisions as referred to in paragraph (4) and paragraph (5) are subject to sanctions not granted service at the port or special terminal.
Section 24
(1) A ship carrying out overseas overseas transport activities can conduct activities in ports or special terminals in a country that have not been designated as a port or special terminal open to foreign trade with provisions Mandatory:
a. To feed the port or the nearest special terminal open to foreign trade to report (check point) to customs and excise, immigration, and quarantine; or
B. Bring in customs and customs, immigration, and quarantine from a port or a nearby special terminal that is open to foreign trade.
(2) A ship carrying out overseas sea transport that violates the provision as referred to in paragraph (1) is subject to the sanctions not given service at the port or special terminal.
Section 25
(1) Transport activities from and abroad as referred to in Article 23 of the paragraph (1) exercised that the national maritime transport company obtain a reasonable share of the payload in accordance with the provisions of the laws.
(2) The transport of imported goods owned by the Government and/or the local government must use Indonesian-flagged vessels operated by the national maritime transport company.
(3) In terms of the number and capacity of the Indonesian flag room to serve the transport activities as referred to in verse (2) is not available, the national maritime transport company can use foreign ships.
Paragraph 2
Overseas Maritime Transport Activities
Section 26
(1) Transport activities from and abroad as referred to in Article 23 of the verse (1) may be carried out with fixed and orderly subjects as well as the irregular and irregular basis.
(2) The determination of the railway traffic from and abroad in a fixed and orderly way as well as not fixed and irregular as referred to in verse (1) was carried out by a national maritime transport company and/or a foreign transport company.
(3) Foreign and/or foreign maritime transport companies operating its ships from and to special ports or terminals that are open to foreign trade in a fixed and orderly way, are required to deliver notice written regarding the ship ' s operation plan and the realization of a vessel that has been in fixed and orderly operation to the Minister by attaching it:
a. ship names that serve the traject fixed and regular;
B. the name of the port that will be suspended with a fixed and regular schedule in the most six (six) months of the cruise schedule; and
c. The realization of the operation of the ship at least 6 (six) months according to the itinerary.
(4) A written notice by a foreign transport company operating its ship from and to a special port or terminal open to foreign trade as referred to in paragraph (3) is mandatory through general agents in the Indonesia was appointed by a foreign transport company.
(5) National maritime transport companies and/or foreign marine transit companies that do not carry out its obligations as referred to in verse (3), the vessels operated are not given service at the port or special terminal.
(6) the national maritime transport company and/or foreign transport company that operates its vessels for overseas overseas transport activities as referred to in verse (3), if not navigated to the traverses referred to in the section below. being treated as a ship with traject is not fixed and irregular.
Section 27
(1) National maritime transit companies and/or foreign marine transit companies are required to deliver notice in writing of any plan of shipbuilding activities to be operated and the realization of shipbuilding activities that have been operated for activities Overseas sea transport is unfixed and disordered to the Minister.
(2) the national maritime transport company and/or foreign transport companies that do not carry out its obligations as referred to in paragraph (1), the ships operated are not given service at the port or special terminal.
Section 28
Further provisions on the layout of the ship's placement on overseas maritime transport are governed by the Minister's Rules.
Paragraph 3
Cross-border Marine Transport Activity
Section 29
(1) To smooth the ship's operations and trade interests with neighboring countries can be designated cross-border sea transport.
(2) Cross-border transit traffic as referred to in paragraph (1), set by the Minister based on:
a. the proposal of a sub-regionalist cooperation group; and
B. The cruise range does not exceed 150 (one hundred and fifty) nautical miles.
(3) The vessel placement on cross-border sea transport is performed by:
a. the national maritime transport company by using the most large size GT 175 (one hundred and seventy-five
Gross Tonnage); and
B. Folk-service companies.
Paragraph 4
The Public Activities Of The Foreign Transport Ships Foreign Transport
Section 30
(1) Foreign transport companies can only conduct sea transport activities to and from special ports or terminals that are open to foreign trade and are obliged to appoint a national company as a general agent.
(2) The general agent as referred to in paragraph (1) may be performed by:
a. the national corporation of the ship keagenan; or
B. National maritime transport company.
(3) National Corporation of a ship or national marine freight company designated as a general agent who does not have a branch office in a port or special terminal open to foreign trade, may appoint a company the national agency of a ship or national sea freight company that is in a port or special terminal that is open to foreign trade as a sub agent.
(4) Sub-agents as referred to in verse (3) take care of the interests of foreign ships that are diagrams by national corporations of ships or national sea freight companies during the course of a port or sparitime freight companies by using Indonesian and/or foreign-flagged vessels.
(2) The transport activities of and abroad as referred to in paragraph (1) are conducted from:
a. the port or special terminal open to overseas trade to the overseas port; or
B. Overseas ports to ports or special terminals that are open to foreign trade.
(3) Foreign transport companies can only conduct sea transport activities to and from special po national marine transport company capable of serving some or all of the existing demand for marine transport services.
(3) The license of use of a special sea transport vessel as referred to in paragraph (1) is temporary to:
a. the availability of the ship; and
B. A national maritime transport company is capable of serving some or all of the demand for existing naval services.
Section 42
Further provisions on the manner of the operation of the operation of the ship's operation by the executor of special sea transport activities and the manner of the issuance of the use of special sea transport transports or public goods are regulated by the Minister's Ordinance.
Section 43
(1) Acting foreign sea freight activities conducting special sea freight activities to ports or special terminals open to foreign trade, whether to designate national maritime freight companies or the executor of sea freight activities specifically as a general agent.
(2) The undertaking of special sea freight activities can only be a common agent for ships carrying out similar activities with its main endeavour.
(3) The vessel referred to in verse (2) is the ship carrying the raw materials, production equipment, and/or production results for its own benefit in the effort of the cigarette.
(4) In terms of the executor of foreign transport activities not carrying out its obligations as referred to in paragraph (1), the ship operated subject to the sanction is not given service at the port or special terminal.
Section 44
Further provisions on the manner of appointment of special naval transport agencies are set up with the Minister ' s Rules.
The Fifth Part
The People-People ' s Sea Transport
Section 45
(1) Indonesian public transport activities were carried out by individuals of Indonesian nationals or businesses by using Indonesian-flagged ships that met the requirements of the ship's oceans as well as manned by the crew. Indonesian citizenship.
(2) The use of the merchant ships of the people of Indonesia as referred to in verse (1) is:
a. a traditional sailing ship (KL) that is powered entirely by wind power;
B. a particular sized motorboat (KLM) with engine power and screen wide as per the provisions; or
c. a motor ship (KM) with a specific size.
Section 46
The public transport activities of the people as referred to in Article 45 of the verse (1) include the unloading activities and the activities of naval charge expeditions, which can be done individually or collectively.
Section 47
(1) The Minister conducts transport of maritime transport of the people in order for the life of business and the importance of the public transport of the mourners to be preserved as part of the potential for national maritime transport which is a single unit of transport system National.
(2) The development of the public transport of the mourners is exercised for:
a. improving service to inland areas and/or waters that have limited-depth flows including rivers and lakes;
B. enhance its capabilities as a national sea freight and field freight business field; and
c. Increase the competency of human resources and entrepreneurships in the field of national maritime transit endeavour.
(3) The development of the public transport of the people as referred to in verse (2) is conducted through:
a. the improvement of human resources skills for entrepreneurs and crew in the fields of nautis, technical, radio, as well as knowledge of the solubility through education/training of the hosted services included in the port of sentra of the servants of the people;
B. improving management skills for companies of education in the field of basic business seafarers in the port of the sentra of the citizens;
c. The definition of standardization of form, size, construction, and type of ship adapted to regions and/or cruise routes with limited depth including rivers and lakes that can be accounted for both in economic and economic terms. The sea level of the ship; and
D. The ease of establishing the business, the operation, and the preparation of the port facilities and the leniency of the service of the Godhead.
Section 48
(1) The naval transport fleet may be operated on a network of domestic transport and cross-border objects, both with fixed and regular and irregular objects and irregular.
(2) The public transport activities of the people using the vessel as referred to in Article 45 of the paragraph (2) of the letters a and the letter b are performed with the irregular and irregular passages.
(3) The public transport activities of the people using the vessel as referred to in Article 45 of the paragraph (2) of the letter c are performed with fixed and orderly subjects.
Section 49
The public-service companies in performing marine transport activities are unfixed and irregular as referred to in Article 48 of the verse (2) can transport the charge:
a. public goods;
B. dry and/or liquid bulk goods; and/or
c. of similar goods, in certain quantities, in accordance with the conditions of the people of the people's ships.
Section 50
(1) Keagenan vessels of the people's ships can only be done by the servants-folk company.
(2) In that case there is no citizen-folk company in a port, a citizen-servant company can designate a national company of ship keagenan or a national marine freight company.
Section 51
More provisions on the activities of the public transport-the people are governed by the Regulation of Ministers.
BAB III
RIVER TRANSPORT AND LAKE
The Kesatu section
Common
Section 52
(1) The transport of rivers and lakes as referred to in Article 2 includes activities:
a. transport of rivers and lakes in the country;
B. transport of rivers and lakes between the country of the Republic of Indonesia with the neighbouring country; and
c. transit of rivers and lakes for its own sake.
(2) River and lake transport activities are carried out by individuals of Indonesian nationals or businesses by using Indspecial terminal.
Section 41
(1) Acting special sea freight activities as referred to in Article 39 of the paragraph (1) are prohibited from transporting charges or goods belonging to other parties and/or transporting cargo or general goods, except under certain circumstances under the permission of the Minister.
(2) Certain circumstances as referred to in paragraph (1) may be:
a. unavailability of the ship; and
B. Not a e serviced traffic;
c. possess and/or employ a ship ' s crew that meets the qualification requirements required for the crossing ship;
D. have facilities for the needs of the crew and passengers and the vehicle and its payload;
e. list the company ' s identity and the name of the vessel placed on the left and right side of the ship; and
f. Lists the required information or instructions using the English language and English.
(4) The transit of the crossing as referred to in paragraph (1) consists of:
a. transport of crossings in the country; and
B. Transit between the Republic of Indonesia and neighboring countries.
The Second Part
Interior Transportation Activities in the Country
Section 62.
(1) Transportation activities in the country as referred to in Article 61 of the paragraph (4) of the letter a was executed using fixed and regular subjects in cross crossings.
(2) Cross crossings as referred to in paragraph (1) are set by:
a. Minister, for interprovincial crossing cross;
B. The governor, for the inter-county crossing/cota; and
C. The mayor, for a cross-crossing in a district/city.
(3) the Minister, the governor, and the regent/mayor according to his authority in setting the cross-crossing as referred to in verse (2) should consider:
a. the development of road networks and/or rail line networks separated by the waters;
B. function as a bridge;
c. The connection between the two ports used to serve the transit of the crossings, between ports used to serve the transport of crossings and crossing terminals, and between two crossing terminals at a certain distance;
D. not hauling the derived goods from its transport vehicle;
e. region layout plan; and
f. The network of sea freight routes so that it can achieve the optimization of inter-mode intradan intermode.
(4) Cross-crossing penetration other than considering as referred to as paragraph (3) must meet the requirements:
a. in accordance with the national port master plan;
B. any transit needs;
c. plan and/or availability of a terminal crossing or port;
D. the availability of a crossing ship with the technical specifications of the vessel as per the port facility on the cross to be served; and
e. Regional economy.
(5) The cross-crossing as referred to in verse (1), for the entire territory of the Republic of Indonesia, is described in a cross-crossing map and announced by the Minister.
Section 63
Further provisions on the manner of cross-crossing designation are set up with the Minister ' s Rules.
The Third Part
Crossing The Crossing Between
The Republic of Indonesia and the neighboring State
Section 64
(1) The transit activities between the State of the Republic of Indonesia and neighboring countries are carried out under an agreement between the Government of the Republic of Indonesia and the government of the neighboring country concerned.
(2) The Agreement as referred to in paragraph (1) is performed with the provisions:
a. the need for transport of crossings from the country of the Republic of Indonesia to the neighboring country or vice versa; and
B. It is a marine port facility which is used to serve the transport of crossings located adjacent to the boundaries of the State of the Republic of Indonesia with neighbouring countries.
(3) A pedestrian crossing between two (two) states as referred to in verse (1) may only be carried out by a flag ship of Indonesia and/or a neighboring country-flagged ship.
The Fourth Part
Vessel placements
Section 65
The placement of the ship to be operated on a cross-crossing is done by considering:
a. the transport needs of the crossing; and
B. It is the site of a port facility that is used to serve the transport crossing/terminal crossing.
Section 66
(1) The placement of a ship to be operated on any cross-crossing as referred to in Article 65 of the paragraph (1) must meet the requirements:
a. cross technical specification;
B. ship's technical specifications;
c. minimum service requirement of transit crossings;
D. the marine port facility used to serve the transport of crossings or crossing terminals; and
e. The balance between the needs of the provider and the service users
(2) The technical specification of the cross-crossing as referred to in paragraph (1) of the letter a includes:
a. trajectory conditions;
B. cross capacity forecast;
c. Flow service capabilities; and
D. Technical specifications of a terminal crossing or seaport used to serve the transport of crossings.
(3) The technical specifications of the ship as referred to in paragraph (1) of the letter b include:
a. ship size;
B. Rampa door;
c. ship speed; and
D. Driver's driver.
(4) The minimum service requirements of the transit crossing as referred to in paragraph (1) of the letter c include:
a. effort requirements; and
B. Service requirements.
(5) The sea port facilities used to serve the transport of crossings or crossing terminals as referred to in paragraph (1) the least of the d letters include:
a. the number and type of ship ' s sandar facilities;
B. harbor pool; and
c. The facilities ride down passengers and vehicles.
(6) The balance between the needs of the provider and the user of the transit service as referred to in verse (1) the letter e is the balance between demand for transport by means of transportation available.
Section 67
(1) For the addition of transport capacity on each cross crossing, the placement of the vessel is carried out by considering:
a. the average load factor of the ship on the cross crossing reaches at least 65% (sixty-five per hundred) in the term of 1 (one) year;
B. the placed ship could not meet the number of existing loads;
c. The number of ships operating less than the number of vessels permitted to serve the cross is concerned;
D. infrastructure capacity and marine port facilities used to serve the transport of
(2) Transportation activities are carried out by an Indonesian flag-carrying vessel that meets the sea-level requirements of the ship as well as manned by a crew of Indonesian citizenship.
(3) Any ship that serves the transport of mandatory crossings:
a. Meet the technical requirements of the oceans and the minimum service requirements of the crossing;
B. have technical specifications in accordance with the port facilities used to service the transit crossings or crossings of th to the sea transport.
The Sixth Part
TallyEffortSelf
Section 85
(1) The activity of tallyindependent as referred to in Article 79 paragraph (2) of the letter e is the service of calculating, measuring, weighing, and making a record of the charge for the benefit of the charge owner and/or the carrier.
(2) The activity of tallyindependent as referred to in paragraph (1) is performed by an established entity dedicated to the effort of tallyindependent.
(3) Tallyself-activity as referred to in paragraph (1) is performed on a ship on the activities of stevedoringagainst any national ship or foreign ship that performs the unloading of goods from and to ships in the work area Port.
(4) In addition to the business entity as referred to in paragraph (2), the activity of tallycan be carried out by a national marine freight company, a loading company or a transport business services company, limited to activities only. cargodoring, receiving/delivery, stuffing, and strippingof the container for its own interests.
(5) Tallyas referred to in paragraph (4) performed by a national maritime freight company, a loading company, or a transportation business services company, its business permit is attached to its own business permit.
The Seventh Part
Container Depo Venture Activities
Section 86
(1) The activities of the container depot as referred to in Section 79 paragraph (2) of the letter f include:
a. storage and/or buildup of containers;
B. cleaning or washing, treatment, and repair of the container;
c. loading and dismantling less than container load cargo; and
D. other activities consisting of:
1. Transfer;
2. Settings or angsur;
3. Settings;
4. lift on lift offmechanically;
5. The execution of the survey;
6. packaging;
7. pelabelan;
8. binding/disengagement;
9. Physical examination of the goods;
10. acceptance;
11. Delivery; and
12. Place of stockpiles that are perforated for the activities of the container depot in the supervision of the paecees.
(2) The activity of the container depot as referred to in verse (1) is carried out by an established body of enterprise specifically for the container depot effort.
(3) The activity of the container depot as referred to in paragraph (1) may be performed inside or outside the port workspace area.
The Eighth Part
The Ship ' s Management Activities Activities
Section 87
(1) Ship management activities as ded via the conveyoror the like; and
D. It was transported on top of the vehicle through Ro-Ro's ship.
(6) National maritime transport companies can unload all kinds of goods if at the port there is no unloading company.
(7) The national maritime freight company as referred to in verse (6) must have ships equipped with the loading equipment of goods and experts.
Section 81
(1) The implementation of the goods unloading activities as referred to in Article 80 of the paragraph (2) is executed using unloading equipment by loading workforces.
(2) The loading equipment as referred to in paragraph (1) must meet the lamic requirements of the operation and ensure the safety of the work.
(3) The unloading workforce as referred to in paragraph (1) must have a competency in the unloading field.
(4) To meet the needs of the unloading workforce in the port, Government, local government, or Indonesian legal entities may organize education and training in the area of unloading of goods in accordance with regulatory provisions It's
The Third Part
Transport Services Business Activities
Section 82
(1) The activities of the transport business services as referred to in Section 79 of the paragraph (2) of the letter b, include:
a. acceptance;
B. storage;
C. sortation;
D. Packing;
e. tagging;
f. measurement;
G. rebalancing;
h. transport document publishing;
i. document completion management;
J. order of the transport room;
No, delivery;
I. management of the distribution;
M. transport costs and logistics costs;
N. claim;
O. insurance over the delivery of the goods;
p. the completion of the bill and other necessary fees;
Q. provisioning of information and communication systems; and
R. Logistics services.
(2) The activities of the transport business as referred to in verse (1) are carried out by an enterprise which is established specifically for the service of transportation business.
The Fourth Part
Port Waters ' s Efforts Activities
Section 83
(1) The operating activities of the port waters as referred to in Article 79 paragraph (2) of the letter c constitute an attempt to move the passengers and/or goods from the dock to the ship or vice versa, and from the ship to the ship in the harbor waters.
(2) The transport activities of the port waters as referred to in verse (1) are carried out by a body of enterprise established specifically for the transport of port waters.
(3) In addition to the business entity as referred to in verse (2), port-water transport efforts can be carried out by the national maritime transport company.
(4) The shipping activities of the port waters as referred to in verse (3) carried out by the marine freight company, its business permit is attached to its poc business permit.
The Fifth Part
Marine Transport Equipment leasing business activities or
Service Equipment Related To Marine Transport
Section 84
(1) The activities of the leasing of marine transit equipment or service equipment related to the transport of the sea as referred to in Article 79 of the paragraph (2) the letter d is an attempt to provide and lease the transport equipment or equipment services related to sea transport and/or buoyate tools for ship service.
(2) The activities of the leasing of marine transit equipment or service equipment related to sea transport as referred to in paragraph (1) are carried out by an established body of enterprise specifically for the leasing of marine transit equipment or service equipment. Related referred to in paragraph (2) should consider:
a. Intramode alloy of sea transport and intermode of land, sea, and air transport;
B. Local local government advice and advice;
c. readiness of port facilities or other designated places;
D. the cruise safety facility ' s readiness;
e. allotedness with other sector programs; and
f. The integrity and integrity of the territory of the Republic of Indonesia.
(4) The placement of a ship to fill the is authority return a request in writing to the applicant to supplement the requirements.
(4) The request returned as referred to in paragraph (3) may be submitted back to the governor or regent/mayor according to his authority after the request is completed.
(5) In terms of the results of the requirements of the requirements as referred to in verse (2) and verse (4) have been fulfilled, the governor or the regent/mayor in accordance with his authority granted the permission of the seafrers ' sea-transport effcarrier 1 (one) unit with the smallest size GT 5,000 (five thousand Gross Tonnage) and is manned by a crew of Indonesian nationals.
(2) The limitation of foreign capital ownership in the joint venture of the sea freight company as referred to in paragraph (1) is governed in accordance with the provisions of the laws in the field of capital and must be satisfied as long as the company is still His business.
Section 97
(1) Licensee's authorized use of the Program is subject to the terms and terms of this License.
a. implement the provisions set forth in the marine transit venture permit;
B. Perform operational activities in real and continuous use at least 3 (three) months since the business permit is issued;
c. comply with all provisions of the shipping field as well as the provisions of the laws of law;
D. providing facilities for postal transit;
e. report in writing to the permission of the Licensee in the event of a change in the name of the principal director or the name of the owner and/or owner's name, the subject matter of the company's tax, domicile of the company, and the title of ownership of the longest ship of the ship 14 (fourteen) days after the occurrence of such change;
f. provide accommodation priority for cadets or prospective officers performing marine work practices;
G. report in writing to the authorized user of all proprietary and/or charter ship data as well as the operated vessel; and
h. reported in writing to the authorized authoring of every opening of the branch office of the naval transport company.
(2) Licensee's authorized use of the Program is subject to the terms of this license.
a. the development of the composition of the company's older capital ownership of 1 (one) times in 1 (one) year to the authoring officer;
B. 1 (one) of the company's most current financial performance in 1 (one) year to the authorized authorized officer;
c. The arrival and departure of the ship (LK3), the listing of the charge on board (cargo manifest) to Syahbandar and the Port Authority or the local Port Organizing Unit;
D. Monthly boarding event activities to Syahbandar and Port Authority or Local Port Organizing Unit, longest in 14 (fourteen) days the following month which is a recapitulation of the arrival and departure reports ship; and
e. The annual activity of the company to the authorized officials, the longest on February 1 of the year runs which is the recapitulation of the realization of the ship's journey.
Section 98
Further provisions on the manner of the granting of naval transport permits are set up with the Minister ' s Rules.
Paragraph 3
The People-People ' s Marine Transport Venture Permission
Section 99
(1) The public transport business permit of the people as referred to in Article 93 of the letter b is given by:
a. The governor is concerned for the individual persons of Indonesia or the business entity domiciled and operating on the inter-county port of the province, the provincial port, the international port, and the international port; or
B. The mayor is concerned for the individual persons of Indonesia or the business entity that is domiciled within the county/city area and operates on a port cross within the county/city area.
(2) The business permit as referred to in paragraph (1) is provided after meeting the requirements:
a. administration; and
B. Technical.
(3) The administrative requirements as referred to in paragraph (2) of the letter a include:
a. Have the deed to the establishment of a corporation for the form of an enterprise or a sign of a citizen's card for an individual citizen of Indonesia who applied for a permit for the naval transport of the people;
B. have a mandatory principal number;
c. have a responsible charge;
D. It occupies a place of business, either by itself or in the lease, based on the domicile letter of the authority of the authorized instance; and
e. has at least 1 (one) expert power in the field of the field, the basic level nautis, or the technical base-level seafarer.
(4) The technical requirements as referred to in paragraph (2) of the letter b include:
a. The sailing ship (KL) is a sea-based flag of Indonesia and is driven entirely by wind power;
B. The traditional Indonesian motorboat (KLM) is a sea-sized Indonesian flag that is sized up to the GT 500 (five hundred Gross Tonnage) and is driven by wind power as the main driver and motor as the help force; or
c. motor ship (KM) flag Indonesia's smallest-sized sea GT 7 (seven Gross Tonnage) as well as the most massive GT 35 (thirty-five Gross Tonnage) as evidenced by a copy of grossedeed, a letter of measure, and The ship's safety certificate is still valid.
(5) The license to which the (1) paragraph is in effect, as long as the public transport company is still running its efforts and is evaluated every two years by the governor or the mayor in accordance with its authority.
Section 100
(1) In order to obtain a public transport business permit, persons of the Indonesian citizen or a business entity apply to the governor or regent/mayor according to his authority accompanied by a document of requirements as intended in Section 99 of the paragraph (3) and paragraph (4).
(2) Based on the request as referred to in paragraph (1) the governor or the regent/mayor in accordance with his authority conducted the research on the requirement of a public service permit for the people in the most prolonged period of 14 (4) The day of work since the full acceptance of the application.
(3) In regard to the results of the requirements research as referred to in Article 99 of the paragraph (3) and the paragraph
(4) unfulfilled, governor or regent/mayor in accordance with htudy of the requirements as referred to in Section 94 of the paragraph (3) and paragraph (4) unfulfilled, Minister, governor, or regent/mayor in accordance with his authority return the application in writing to the applicant to complete the requirements.
(4) The request returned as referred to in paragraph (3) may be submitted back to the Minister, the governor, or the regent/mayor in accordance with his authority after the application is completed.
(5) In regard to the terms of the study of the requirements uirements.
(4) The request returned as referred to in paragraph (3) may be submitted back to the governor after the application is supplemented.
(5) In terms of the results of the research requirement as referred to in Article 112 (3) and verse (4) have been met, the governor published the license of the unloading of the goods.
Section 114.
The unloading company that has obtained the business permit as referred to in Article 113 of the paragraph (5)usiness activities.
Section 108.
(1) To obtain a pedestrian transit effort, the business entity is applying to the Governor of the Province of the Special Region of Jakarta or regent/mayor according to its authority accompanied by a document of the requirements as contemplated in Article 107 of the paragraph (2).
(2) Based on the request as referred to in paragraph (1), the Governor of the Special Region of the Capital of Jakarta or the regent/mayor in accordance with his authority conducting research on the requirements of the request for the transit of the crossings in Fourteen (fourteen) business days since the full acceptance of the application.
(3) In regard to the terms of the terms of the terms of the survey as referred to in Section 107 of the paragraph (2) unfulfilled, the Governor of the Province of the Special Region of the Capital Jakarta or regent/mayor in accordance with his authority returned the plea. written to the applicant to complete the requirements.
(4) The request returned as referred to in paragraph (3) may be submitted to the Governor of the Province of the Special Region of Jakarta Capital or regent/mayor in accordance with its authority after the request is completed.
(5) In regard to the terms of the study of requirements as referred to in paragraph (1) and paragraph (3) have been fulfilled, the Governor of the Province of the Special Region of the Capital of Jakarta or regent/mayor in accordance with its authority issued a transport business permit. Crossing.
Section 109
(1) In addition to having a business permit as referred to in Article 108 of the paragraph (5), the ship to be operated is required to have a ship's operation approval.
(2) The operation of the ship's operation as referred to in paragraph (1) is provided by:
a. Minister, for ships serving interprovincial and/or intercountry crossings;
B. the governor, for a ship that serves the inter-county crossing/city within the province; or
C. The mayor/mayor, for the ship that serves the crossing in the county/provincial city.
(3) The operation of the operation of the vessel as referred to in verse (2) is given after having a sea-lased vessel as evidenced by the grossedeed.
(4) The operation of the ship's operation as referred to in paragraph (2) is valid for 5 (5) years and may be extended.
Section 110
Further provisions on the manner of the granting of the business permit and the operation of the operation of the crossing are governed by the Minister's Rules.
The Third Part
Services Efforts Related To Transport in The Waters
Paragraph 1
Common
Section 111
The services permit associated with the transport in the waters consists of:
a. Freight unloading permissions;
B. transport management services permit;
c. port water transport effort;
D. the permit of the leasing of marine transit equipment or service equipment related to the transport of the sea;
e. standalone attempt
tally;
f. Container depo business permit;
G. Ship management business permit;
h. purchase of a buy and/or ship rental business permit;
i. ship's crew permissions attempt;
J. the ship ' s keagenan attempt permit; and
No, treatment efforts and ship repair work.
Paragraph 2
The Item Unloading Attempt Permit
Section 112
(1) The unloading of the goods loading of the goods as referred to in Article 111 of the letter a given by the governor on the site of the port site of the activity.
(2) The business permit as referred to in paragraph (1) is provided after meeting the requirements:
a. administration; and
B. Technical.
(3) The administrative requirements as referred to in paragraph (2) of the letter a include:
a. have the company ' s founding deed;
B. have the company ' s mandatory principal number;
c. have venture capital;
D. has a responsible charge;
e. occupy the business place, whether owned by itself or the lease, based on the company ' s domicile letter from the authority of the authorized instance;
f. have an expert power with the qualifications of a nautical expert or a niaga cruise expert; and
G. have a written recommendation/opinion letter from the Port Authority or the local Port Organizing Unit against the balance of provision and demand for unloading efforts.
(4) The technical requirements as referred to in paragraph (2) of the least b letters have the unloading equipment:
a. forklift;
B.
pallet;
C.
ship side-net;
D.
rope sling;
e.
rope net;and
f.
wire net.
(5) The permission as referred to in paragraph (2) applies during the unloading company is still running its business activities and evaluated every 2 (two) years by the governor.
(6) The unloading of unloading of the goods which have been given as referred to in verse (5) must be reported by the governor periodically every 6 (six) months to the Minister for the creation of the transport information system in the waters.
Section 113
(1) In order to obtain the unloading of the goods unloading, the business is applying to the governor accompanied by a document of the requirements as referred to in Article 112 of the paragraph (3) and the paragraph (4).
(2) Based on the request as referred to in paragraph (1), the governor conducts research on the requirements of the unloading of the goods unloading of the goods within a period of at least 14 (fourteen) days of work since the full acceptance of the request.
(3) In regard to the terms of the study of the requirements as referred to in Section 112 (3) and the paragraph (4) has not been met, the governor returned the request in writing to the applicant to supplement the reqrovided by:
a. Provincial Governor of the Special Region of Jakarta Capital for the governing body domiciled in the Special Region of the Capital Jakarta; or
B. The mayor is in accordance with the governing body's domicile.
(2) The business permit as referred to in paragraph (1) is provided after meeting the requirements:
a. have the company ' s founding deed;
B. have the company ' s mandatory principal number;
c. have a responsi he permission as referred to in paragraph (1) applies as long as the tallystandalone company is still running its business activities and evaluated every 2 (two) years by the governor.
(4) The self-granted Tally (s) permit (s) which has been given as referred to in paragraph (3) must be reported by the governor periodically every 6 (six) months to the Minister for the creation of the transport information system in the waters.
Section 131
(1) In order /div>
(3) In regard to the terms of the study of the requirements as referred to in Section 122 paragraph (3) and paragraph (4) has not been met, the governor returned the request in writing to the applicant to supplement the requirements.
(4) The request returned as referred to in paragraph (3) may be submitted back to the governor after the application is supplemented.
(5) In terms of the results of the research requirement as referred to in Article 122 paragraph (3) and verse (4) have been fulfilled, the governor published the permit of the transport of the port waters.
Section 124
The port-water transport company which has obtained the business permit as referred to in Article 123 of the paragraph (5) is mandatory:
a. carrying out the specified provisions in his business permit;
B. conduct the following continuously operational activities at least 3 (3) months after the business permit is issued;
c. complying with applicable laws in the field of shipping and other provisions of the laws;
D. submit a monthly report in writing to the licensed provider;
e. report in writing in the event of a change in responsibility and/or the company's owner and/or domicile to the licensor; and
f. reported in writing every branch office opening.
Section 125
Further provisions on the manner of the granting of port-water transport efforts are governed by the Regulation of Ministers.
Paragraph 5
Marine Transit Equipment Rental Business Permit or Appliances
Services Related To Sea Transport
Section 126
(1) The permit of the leasing of marine transport equipment or service equipment related to the transport of the sea as referred to in Article 111 of the letter d was given by the governor on the premises of the domiciled company.
(2) The business permit as referred to in paragraph (1) is provided after meeting the requirements:
a. have the company's founding certificate;
B. have the company ' s mandatory principal number;
c. have venture capital;
D. has a charge;
e. have equipment sufficient according to the development of the technology;
f. have appropriate expert power;
G. have the company ' s domicile certificate; and
h. have a written recommendation/opinion letter from the Port Authority or the local Port Organizing Unit.
(3) The permit as referred to in paragraph (1) applies during the leasing company of a marine transit equipment or service equipment related to the transport of the sea still runs its business activities and is evaluated every 2 (two) years by the governor.
(4) The license of the lease of the transport equipment of the sea or service equipment related to the transport of the sea which has been given as referred to in paragraph (3) must be reported by the governor periodically every 6 (six) months to the Minister to be made the material of the transport information system in the waters.
Section 127
(1) To obtain a permit for the leasing of marine transport equipment or service equipment related to the transport of the sea, the business entity applying to the governor is accompanied by a document of the requirements as referred to in Article 126 of the paragraph (2).
(2) Based on the request as referred to in paragraph (1), the governor conducts research on the requirement of a permit for the leasing of a marine transport equipment or service equipment related to the transport of the sea in the most prolonged period of 14 (fourteen) a day of work since the full acceptance of the application.
(3) In the event based on the results of the requirements research as referred to in Article 126 paragraph (2) has not been met, the governor returned the request in writing to the applicant to supplement the requirements.
(4) The request returned as referred to in paragraph (3) may be submitted back to the governor after the application is supplemented.
(5) In terms of the results of the research requirements as referred to in Article 126 paragraph (2) have been met, the governor published a permit for the leasing of marine transit equipment or service equipment related to the transport of the sea.
Section 128
A marine transit equipment rental company or service equipment related to the transport of the sea which has obtained the business permit as referred to in Article 127 of the paragraph (5) is mandatory:
a. carrying out the specified provisions in his business permit;
B. conduct the following continuously operational activities at least 3 (3) months after the business permit is issued;
c. complying with applicable laws in the field of shipping and other provisions of the laws;
D. deliver a monthly report to the licensee;
e. Report on the event of a change in your company's responsibility and/or the company's company's owner/or domicile.
f. reported each branch office opening.
Section 129
Further provisions on the manner of licensing of marine transport equipment leasing or service equipment related to transport of the sea are governed by the Regulation of Ministers.
Paragraph 6
TallyEffortSelf
Section 130
(1) Tally Effort ' s permitindependent as referred to in Article 111 of the letter e was granted by the governor on the premises of the domiciled company.
(2) The business permit as referred to in paragraph (1) is provided after meeting the requirements:
a. have the company's founding certificate;
B. have the company ' s mandatory principal number;
c. have venture capital;
D. has a charge;
e. have equipment in accordance with the development of the technology;
f. have appropriate expert power;
G. have the company ' s domicile certificate; and
h. have a recommendation letter/written opinion from the port authority or the local port ' s alignment unit.
(3) T letter b must have a ship that meets the requirements of the oceans.
(5) The permission as referred to in paragraph (1) applies during the transport company the port waters still runs its efforts activities and is evaluated every 2 (two) years by the governor.
(6) The permit of transportation of the port waters which has been given as referred to in verse (5) must be reported by the governor periodically every 6 (six) months to the Minister for the use of the transport information system in the waters.