SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 154, 2009 | (Explanation In Addition Of State Sheet Republic Indonesia Number 5073) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 45 YEAR 2009
ABOUT
CHANGE IN LAW NUMBER 31 OF 2004
ABOUT FISHERIES
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Weigh: a. that the waters that are within the sovereignty of the Republic of Indonesia and the Exclusive Economic Zone of Indonesia as well as the high seas contain potential fish resources and as the land of fish cultivation is a blessing from God Almighty. which is mandated to the Indonesian people who have the philosophy of life Pancasila and the Constitution of the Republic of Indonesia in 1945, with regard to its existing support and its delictiveness to be put to great use for the people of Indonesia. welfare and prosperity of the people of Indonesia;
B. that utilization of fish resources has not provided an increased level of sustainable living and justice through the optimal management of fisheries, surveillance, and law enforcement systems;
c. that
Act No. 31 Year 2004 on Fisheries is not yet fully capable of anticipating the development of technology and legal needs in the framework of managing and utilization of the potential of fish resources;
D. that based on consideration as referred to in letters a, letter b, and the letter c need to form an Act on Changes to the Law No. 31 Year 2004 on Fisheries;
Given: Article 20, Article 21, and Article 33 of the paragraph (3) of the Basic Law of the Republic of Indonesia in 1945;
With Shared Consent
REPRESENTATIVES OF THE PEOPLE ' S REPUBLIC OF INDONESIA
And
PRESIDENT
DECIDED:
SET: LEGISLATION ON THE CHANGES TO THE 2004 LAW NUMBER 31 ON FISHERIES.
PASAL I
Some provisions in Law No. 31 of 2004 on Fisheries (State Sheet of the Republic of Indonesia Year 2004 Number 118, Additional Gazette of the Republic of Indonesia Number 4433) are changed as follows:
1. The provisions of Article 1 of the number 11 and the number 24 are changed, so that Article 1 reads as follows:
Section 1
In this Act referred to:
1. Fisheries are all activities related to the management and utilization of fish resources and its environment ranging from praproduction, production, processing to marketing implemented in a fishing business system.
2. The fish resources are the potential of all kinds of fish.
3. The fish resource environment is the home waters of the fish resources life, including the biota and the surrounding natural factors.
4. Fish is any type of organism that is all over or part of its life cycle to be in a aquatic environment.
5. Fish capture is an activity to acquire fish in waters that are not in a state of being cultivated with any tools or means, including activities that use ships to load, transport, store, cool, handle, cultivate, and/or preserve it.
6. Fish breeding is an activity for nurturing, raising, and/or breeding the fish and harvesting its results in a controlled environment, including activities that use ships to load, transport, store, cool, handle, process, and/or preserve it.
7. The management of the fisheries is all efforts, including processes integrated in the collection of information, analysis, planning, consulting, decision making, fish resource allocation, and implementation and enforcement of the regulations laws in the field of fisheries, conducted by governments or other authorities directed to achieve the survival of the biodiversity of the water resources and the agreed objectives.
8. Fish Resource Conservation is an effort for protection, preservation, and utilization of fish resources, including ecosystems, types, and genetics to guarantee existence, availability, and its savings by staying nurturing and improving quality of the value and diversity of fish resources.
9. Fishing vessels are ships, boats, or other buoyers used to carry out fishing, supporting fishing, fishing, fishing, fishing, fishing, and research/exploration operations. Fishing.
10. Fisherman is the person whose livelihood is making fish capture.
11. Small fishermen are people whose livelihood is making fish catching up to meet the daily life needs that use the largest-sized fishing boats 5 (five) grosston (GT).
12. Fish-Power is the person whose livelihood is performing fish-making.
13. Small Daya-Fish are the ones whose livelihood is performing the cultivation of fish to meet the needs of daily life.
14. Each person is individual or corporate person.
15. Corporations are a collection of people and/or wealth organized by either a legal entity and not a legal entity.
16. The Fisheries Business License, which is then called SIUP, is a written permit that the fishery company must have in order to conduct the fishing business using the means of production listed in the permit.
17. The Fish Arrest Warrant, which is subsequently called SIPI, is a written permit that each fishing vessel must have to carry out fishing which is an inseparable part of SIUP.
18. The Ship of the Fish Transport Ship, which is next called the SIKPI, is a written permit that each fishing vessel must have for the transport of the fish.
19. The Indonesian territorial sea is a 12-wide (twelve) sea sea route measured from the base of the Indonesian archipelago.
20. Perwatering Indonesia is the Indonesian territorial sea and the waters of the archipelago and its deep waters.
21. Indonesian Exclusive Economic Zone, which is subsequently called ZEEI, is the line outside and borders Indonesia's territorial seas as defined under the applicable law on Indonesian waters covering the seabed, ground beneath it, and the water on it with an outer limit of 200 (two hundred) nautical miles measured from the base of the Indonesian territorial sea.
22. The Offshore Sea is part of the sea that is not included in the ZEEI, the Indonesian territorial sea, the waters of Indonesian archipelago, and the inland waters of Indonesia.
23. Port of Fisheries is a place that consists of land and surrounding waters with certain limits as a place of government activities and activities of the fishing business system used as the place of fishing vessels leaning, anchorage, and/or unloading of fish equipped with cruise safety facilities and fishery support activities.
24. The minister is the minister who is drugging the fishery affairs.
25. The Government is the Central Government.
26. The Local Government is the provincial government and/or the county/city government.
2. The provisions of Article 2 are amended so that Article 2 reads as follows:
Section 2
Fisheries management is done based on asas:
a. benefits;
B. justice;
C. togetherness;
D. partnership;
e. Independence;
f. alignment;
G. allotedness;
h. openness;
i. efficiency;
J. Sustainability; and
No, Sustainable development.
3. The provisions of Article 7 are amended so that Article 7 reads as follows:
Section 7
(1) In order to support the fish resource management policy, the Minister specified:
a. fishery management plan;
B. the potential and allocation of fish resources in the Republic of Indonesia ' s State fishery management area;
c. The number of catches allowed in the State fisheries management area of the Republic of Indonesia;
D. the potential and allocation of fish-homing land in the Republic of Indonesia's fisheries management area;
e. the potential and the parent allocation as well as certain fish seeds in the Indonesian Republic of Indonesia fishery management area;
f. type, number, and size of fish capture tool;
G. type, number, size, and placement of fish capture aids;
h. region, track, and time or fish capture season;
i. the requirement or standard of the fish capture operational procedure;
J. fishing port;
No, fishing vessel monitoring system;
I. new fish types to be cultivated;
M. the type of fish and repressor region as well as the capture of the power-based fish;
N. the homelessness of its fish and its protection;
O. Pollution prevention and damage to fish resources as well as its environment;
p. rehabilitation and increased fish resources as well as its environment;
Q. the minimum size or weight of a fish type to be captured;
R. water conservation area;
It's plague and plague region of fish disease;
No. the type of fish that is prohibited to be traded, entered, and issued to and from the State of the Republic of Indonesia; and
u. protected fish type.
(2) Any person doing business and/or fisheries management activities are required to comply with the provisions as referred to in paragraph (1) regarding:
a. type, number, and size of fish capture tool;
B. type, number, size, and placement of fish capture aids;
C. region, track, and time or fish capture season;
D. the requirement or standard of the fish capture operational procedure;
e. fishing vessel monitoring system;
f. new fish types to be cultivated;
G. the type of fish and repressor region as well as the capture of the power-based fish;
h. the homelessness of its fish and its protection;
i. Pollution prevention and damage to fish resources as well as its environment;
J. the minimum size or weight of a fish type to be captured;
No, water conservation area;
I. plague and plague region of fish disease;
M. the type of fish that is prohibited to be traded, entered, and issued to and from the State of the Republic of Indonesia; and
N. protected fish type.
(3) The obligation to comply with the provisions concerning the fishing vessel monitoring system as referred to in paragraph (2) of the letter e, does not apply to small fishermen and/or makers of small fish.
(4) The Minister sets out the potential and the number of catches allowed as referred to in paragraph (1) letter b and letter c after considering the recommendation of a national commission that examines the fish resources.
(5) The national commission as referred to in paragraph (4) is formed by the Minister and consists of experts in his field who are from the related institution.
(6) The Minister sets the protected fish type and water conservation areas for the benefit of science, culture, tourism, and/or the preservation of fish resources and/or its environment.
4. The provisions of Article 9 are amended so that Article 9 reads as follows:
Section 9
(1) Each person is prohibited from owning, controlling, carrying, and/or using disruptive fishing equipment and/or fishing aids and damaging the sustainability of fish resources on fishing vessels in fisheries management areas. Republic of Indonesia.
(2) The provisions of arresting and/or fishing aids that interfere with and damage the sustainability of the fish resources as referred to in paragraph (1) are governed by the Regulation of the Minister.
5. The provisions of Article 14 paragraph (3) are amended, so that Article 14 reads as follows:
Section 14
(1) The Government regulates and/or develops utilization of nutm plasma relating to fish resources in order to preserve the ecosystem and breeding of fish resources.
(2) Each person is obliged to preserve the nutfah plasma with respect to the fish resources.
(3) The government controls the income and/or expenditure of new types of fish from and abroad and/or interisland traffic to ensure the sustainability of the germ plasma with respect to fish resources.
(4) Each person is prohibited from damaging the nutm plasma with respect to the fish resources.
(5) The further provisions of the utilization and preservation of the germ plasma of the fish resources as referred to in paragraph (1), paragraph (2), and paragraph (3), are governed by the Government Regulation.
6. In between Article 15 and Section 16 of the following 1 (one) section of Article 15A, which reads as follows:
Article 15A
The government regulates the master quality control and the seeds of cultivated fish.
7. The provisions of Article 18 plus 2 (two) verses are verses (3) and paragraph (4), so that Article 18 reads as follows:
Section 18
(1) The government regulates and fostered the water utilization and fishing grounds of fish.
(2) The setting up and coaching of water utilization and fishing grounds, as referred to in paragraph (1) is done in order to guarantee the quantity and quality of water for the benefit of the fish-making.
(3) The implementation of water utilization and the land of fish fertilization is carried out by local authorities.
(4) Further provisions concerning the setting and coaching of water utilization and the land of the cultivation of the fish as referred to in paragraph (1) and paragraph (2) are governed by the Government Regulation.
8. The provisions of Article 23 plus 1 (one) verse is paragraph (3), so that Article 23 reads as follows:
Section 23
(1) Each person is prohibited from using raw materials, food adders, helper materials, and/or tools that harm human and/or environmental health in carrying out fish handling and processing.
(2) The government sets out raw materials, food adders, helper materials, and/or tools that harm human and/or environmental health endangers as referred to in paragraph (1).
(3) The government conducts the socialization of raw materials, additional ingredients of food, helper materials, and/or tools that harm human and/or environmental health.
9. The provisions of Article 25 are amended so that Article 25 reads as follows:
Section 25
(1) The fisheries business is implemented in the fishing business system, including pre-production, production, processing, and marketing.
(2) The further provisions of praproduction, production, processing, and marketing as referred to in paragraph (1) are governed in the Regulation of Ministers.
10. In between Section 25 and Section 26 of the three (three) sections of Section 25A, Section 25A, Section 25B, and Section 25C, which reads as follows:
Section 25A
(1) The perpetrators of fisheries in carrying out fishery businesses should pay attention to the quality standards of fisheries results.
(2) The government and local governments are fostering and facilitating the development of fishery efforts to meet the quality standards of fisheries results.
(3) Further provisions concerning the quality standards of fisheries yield are set in the Minister ' s Regulations.
Section 25B
(1) The Government is obligated to host and facilitate the marketing activities of fishery enterprises both in the country and abroad.
(2) Spending the output of overseas fishing efforts if production and supply in the country have sufficient national consumption needs.
(3) The Government is obligated to create a healthy fishery business climate in accordance with the provisions of the laws.
Section 25C
(1) The government fostered and facilitated the development of the national fishery industry by focusing on the use of raw materials and domestic human resources.
(2) The government fostered the confluency and healthy partnership between the fishing industry, fishermen and/or fisheries cooperatives.
(3) The terms of coaching, facilitating facilities, togetherness, and partnerships as referred to in paragraph (1) and paragraph (2) are conducted in accordance with the provisions of the laws.
11. The provisions of article 27 paragraph (1), paragraph (2), and paragraph (3) are changed, and plus 1 (one) paragraph of paragraph (5), so Article 27 reads as follows:
Section 27
(1) Each person who owns and/or operates an Indonesian flag fishing vessel which is used to make fishing in the State of the Republic of Indonesia fisheries management area and/or the free seas is required to have a SIPI.
(2) Any person who owns and/or operates a foreign-flagged fishing vessel used to carry out fishing in ZEEI is mandatory for SIPI.
(3) Any person who operates an Indonesian flag fishing vessel in the Indonesian Republic of Indonesia fisheries management area or operates a foreign-flagged fishing vessel in ZEEI is obliged to bring the original SIPI.
(4) The Indonesian flag fishing vessel that conducts fishing in the jurisdiction of other countries must first obtain approval from the Government.
(5) The obligation of having SIPI as referred to in verse (1) and/or carrying the original SIPI as referred to in verse (3), does not apply to small fishermen.
12. The provisions of Article 28 of the paragraph (1) and the paragraph (2) are changed, as well as two (two) verses including paragraph (3) and paragraph (4), so that Article 28 reads as follows:
Section 28
(1) Each person who owns and/or operates an Indonesian flag fishing vessel in the Indonesian Republic of Indonesia fisheries management area is required to have a SIKPI.
(2) Any person who owns and/or operates a foreign-flagged fishing vessel used to transport fish in the Indonesian Republic of Indonesia fisheries management area is required to have a SIKPI.
(3) Any person who operates a fishing vessel in the State of the Republic of Indonesia ' s fisheries management area is required to carry the original SIKPI.
(4) The obligation to have a SIKPI as referred to in verse (1) and/or carrying the original SIKPI as referred to in verse (3), does not apply to small fishermen and/or bookmakers in small fish.
13. In between Article 28 and Section 29 of the one (one) section of Section 28A, which reads as follows:
Article 28A
Everyone is forbidden:
a. fake SIUP, SIPI, and SIKPI; and/or
B. using SIUP, SIPI, and fake SIKPI.
14. The provisions of Article 32 are amended so that Article 32 reads as follows:
Section 32
Further provisions on publishing, grammar, and the terms of the granting of SIUP, SIPI, and SIKPI are governed by the Ordinance of the Minister.
15. In between Section 35 and Section 36 is inserted 1 (one) section of Section 35A, which reads as follows:
Section 35A
(1) Indonesian flag fishing vessels that make fishing in the Indonesian Republic of Indonesia fishery management area are required to use the nakhoda and the men of the Indonesian national ship.
(2) A foreign-flagged fishing vessel that carried out fishing in ZEEI was required to use the least 70% of Indonesia's men (seventy percent) of the number of people aboard.
(3) The violation of the terms of the use of the ship ' s men as referred to in paragraph (2) is subjected to administrative sanction of a warning, a permit freeze, or revocation of the permit.
(4) Further provisions on the imposition of administrative sanctions as referred to in paragraph (3) are governed in the Regulation of Ministers.
16. The provisions of Article 36 are amended so that Article 36 reads as follows:
Section 36
(1) Indonesian fishing vessels operated in the Indonesian Republic of Indonesia fishery management area and unconscripted seas are registered first as Indonesian fishing vessels.
(2) The fishing vessel Registry as referred to in paragraph (1) is equipped with a document that is:
a. proof of entitlement;
B. owner's identity; and
c. A measurement letter.
(3) The registration of fishing vessels purchased or acquired from abroad and already registered in the country of origin to be listed as an Indonesian fishing vessel, in addition to being equipped with documents as referred to in paragraph (2) must be furnished anyway with a deletion letter from the list of ships published by the home country.
(4) A fishing vessel which has been listed as referred to in paragraph (1), given the national sign letter in accordance with the provisions of the laws.
(5) The further provisions of registration as referred to in paragraph (1), paragraph (2), and paragraph (3) are governed by the Regulation of the Minister.
17. The provisions of Article 41 are amended so that Article 41 reads as follows:
Section 41
(1) The Government organizes and conducts the management of fisheries port management.
(2) The following are the terms of the Agreement, the following terms:
a. the national fishing port master plan;
B. fishing port classification;
c. Fisheries port management;
D. requirements and/or technical standards in planning, construction, operational, coaching, and monitoring of fisheries ports;
e. The working areas and the operation of fishing ports covering certain areas of water and land that are the working areas and the operation of fishing ports; and
f. Fishing port not built by the Government.
(3) Each fishing vessel and fishing vessel must land a catch fish at the designated fishing port or other designated port.
(4) Any person who owns and/or operates a fishing vessel and/or a fishing vessel that does not unload the catch fish in a designated fishing port or other designated port as contemplated on paragraph (3) for administrative sanction of a warning, a permit freeze, or a revocation of permission.
(5) Further provisions on the imposition of administrative sanctions as referred to in paragraph (4) are governed in the Regulation of Ministers.
18. In between Article 41 and Section 42 of the insert 1 (one) section of Section 41A, which reads as follows:
Section 41A
(1) The fishing port has a function of government and enterprise to support activities related to the management and utilization of fish resources and its environment ranging from praproduction, production, processing to marketing.
(2) The fishing port functions in support of activities related to the management and utilization of fish resources and their environment as referred to in paragraph (1) may be:
a. fishing and fishing boat service;
B. unloading service;
c. Quality of quality coaching and fishery processing services;
D. the marketing and distribution of the fish;
e. Capture data collection and fishery results;
f. the place of the counseling and development of the fishing community;
G. the execution of the fishing vessel operational activities;
h. the place of monitoring the surveillance and control of the fish resources;
i. the execution of a mischirdom;
J. the execution of the fish quarantine function;
No, publication of the results of the sandar service and the fishing vessel and the fishing vessel monitoring vessels;
I. the publication of marine and fishery research publications;
M. monitoring coastal areas and maritime tours; and/or
N. Environmental control.
19. The provisions of Article 42 are amended so that Article 42 reads as follows:
Section 42
(1) In order for the operational safety of fishing vessels, designated syahbandar in the fishing port.
(1) Syahbandar in the fishing port has duty and authority:
a. published the Screen Approval Letter;
B. set the arrival and departure of fishing vessels;
c. examine the completeness of the fishing vessel documents;
D. examining the technical and nautical vessels of fishing vessels and inspealing fish capture tools, and fishing aids;
e. checking and passing a marine work agreement;
f. check log book capture and transport of fish;
G. Set the motion and traffic flow of fishing vessels in the fishing port;
h. overseeing the check;
i. overseeing the refueling;
J. oversee the construction activities of the fishing port facilities;
No, carrying out search and rescue assistance;
I. lead to countermeasures of pollution and fire outages in fishing ports;
M. oversee the implementation of maritime environmental protection;
N. examine the fulfilment of the fishing vessel debugging requirements;
O. published the Letter of the Arrival of the Arrival and the Departure of the Fisheries Ship; and
p. check for catch fish certificate.
(3) Any fishing vessel that will sail the fishing and/or transport of the fishing port is required to have a Sailed Approval Letter Issued by the city ' s syahbandar in the fishing port.
(4) The dealer in the fishing port as referred to in verse (1) was appointed by the minister who had been to the voyage of the voyage.
(5) In carrying out its duties, the city ' s syahbandar in fishing port is coordinated by officials responsible at the local fishing port.
(6) Further provisions on the kesyahbandaran in fishing ports are implemented in accordance with the provisions of the laws.
20. The provisions of Article 43 are amended so that Article 43 reads as follows:
Section 43
Every fishing vessel that conducts fishery activities is required to have a letter of operating a fishing vessel from a fishery supervisor at no cost.
21. The provisions of Article 44 paragraph (1) are amended, so Section 44 reads as follows:
Section 44
(1) The Screen Approval Letter as referred to in section 42 of the paragraph (2) of the letter a was issued by the city shaman after the fishing vessel obtained the operating letter.
(2) The operating letter of the operation as referred to in paragraph (1) is issued by the fisheries watchdog after being met with administrative requirements and technical viability.
(3) Further provisions on the requirements of the administration and technical viability as referred to in paragraph (2) are set forth in the Regulation of Ministers.
22. The provisions of Article 46 are amended so that Article 46 reads as follows:
Section 46
(1) The government and local governments compose and develop the information systems and statistical data of fisheries as well as organize collection, processing, analysis, storage, presentation, and dissemination of potential data, update of movement data fish, means and infrastructure, production, handling, processing and marketing of fish, as well as economic social data related to the execution of fish resource management and the development of the fishing business system.
(2) The government and local governments hold data centers and fishery information to host information systems and fisheries statistics data.
23. In between Section 46 and Section 47 is inserted 1 (one) section of Section 46A, which reads as follows:
Section 46A
The government guarantees the privacy of data and fisheries information relating to the data
log book of capture and transport of fish, data obtained by the observer, and the company's data in the process of licensing the fishery.
24. The provisions of Article 48 paragraph (1) are changed, as well as between verses (1) and paragraph (2) of the paragraph (1) of the verse (1a), so that Article 48 reads as follows:
Section 48
(1) Any person who benefits directly from the fish resources and its environment in the area of the fisheries management of the Republic of Indonesia and outside the country's fisheries management area of the Republic of Indonesia is charged with fisheries levies.
(1a) The fishery levies as referred to in paragraph (1) are the acceptance of the state not tax.
(2) The fishery levies as referred to in verse (1) are not worn for small fishermen and small fish-making.
25. The provisions of Article 50 are amended so that Article 50 reads as follows:
Section 50
The fisheries levy as referred to in Article 48 and Article 49 is used for fishing as well as the conservation activities of fish and its environment.
26. The provisions of Article 65 paragraph (1) are removed so that Article 65 reads as follows:
Section 65
The government may provide an assignment to the local government to carry out the duties of the hosting duties in the field of fisheries.
27. The provisions of Article 66 paragraph (2) and paragraph (3) are amended, so that Article 66 reads as follows:
Section 66
(1) The fisheries supervision is carried out by the fisheries supervisor.
(2) The fisheries supervisor serves to oversee the orderly conduct of the provisions of the provisions of the laws in the field of fisheries.
(3) The conduct of the IBM International Program (s) as defined in section 2) includes:
a. fish capture activity;
B. fish homelessness, perbenihan;
C. processing, the distribution to the outside of the fish;
D. fishery quality;
e. distribution to the outside of the fish drug;
f. conservation;
G. The pollution of human action;
h. Germ plasma;
i. the research and development of fisheries; and
J. It's a genetically engineered fish.
28. In between Section 66 and Section 67 are inserted three (three) articles, Section 66A, Section 66B, and Section 66C, which reads as follows:
Section 66A
(1) The fisheries supervisor as referred to in Article 66 is a civil servant working in the field of fisheries appointed by the minister or the appointed official.
(2) The fisheries supervisor as referred to in verse (1) can be educated to be Investigating Civilian Civil Service Fisheries.
(3) The fisheries supervisor as referred to in verse (2) may be designated as a fisheries management functional official.
(4) Further provisions on the functional office of fisheries supervisors as referred to in paragraph (3) are governed by the Regulation of Ministers.
Section 66B
(1) The fisheries supervisor as referred to in Section 66 carries out the task at:
a. State Fisheries Management Area of the Republic of Indonesia;
B. fishing vessel;
c. Other fishing ports and/or other designated ports;
D. Capture port;
e. sentra of fishery activities;
f. fish-forming areas;
G. fish fertilization area;
h. fish processing units; and/or
i. Water conservation area.
(2) Further provisions on the execution of fisheries supervisors duties as referred to in paragraph (1) are governed in the Regulation of Ministers.
Section 66C
(1) In carrying out the duties as referred to in Article 66, the fisheries supervisor is authorized:
a. enter and check the place of the fishery business activities;
B. examine the completeness and the validity of the fishery business documents;
c. inspect fishery business activities;
D. examine the means and infrastructure used for fishery activities;
e. verify the completeness and validity of SIPI and SIKPI;
f. document the results of the examination;
G. taking samples of fish and/or materials required for laboratory testing purposes;
h. examining the equipment and the activation of the fishing vessel monitoring system;
i. stop, inspect, carry, hold, and capture the ship and/or persons suspected or exemplary of suspected fishery in the area of the fisheries management of the State of the Republic of Indonesia up to the attack of ships and/or persons Those in the port where the case could be processed further by investigators;
J. Submit a recommendation to the permission to provide sanctions in accordance with the provisions of the laws of the law;
No, conduct special measures against fishing vessels attempting to escape and/or fight and/or harm the safety of the fishing vessels and/or crew of fishing vessels; and/or
I. hold other actions according to the law in charge.
(2) The fishery supervisor as referred to in paragraph (1) in carrying out its duties can be equipped with fishing vessels, firearms, and/or self-protection tools.
29. The provisions of Article 69 are amended so that Article 69 reads as follows:
Section 69
(1) The fishing watchdog serves to carry out surveillance and law enforcement in the field of fisheries within the Indonesian Republic of Indonesia fisheries management area.
(2) The fishing watchdog as referred to in paragraph (1), can be equipped with a firearm.
(3) The fishing watchdog can stop, inspect, carry, and detain the suspected or exemplary vessel of misconduct in the Indonesian Republic of Indonesia ' s fishery management area to a nearby port for further processing.
(4) In carrying out functions as referred to in verse (1) the investigator and/or fisheries superintendent may perform special acts of combustion and/or the sinking of a foreign-flagged fishing vessel based on sufficient preliminary evidence.
30. The provisions of Article 71 are amended so that Article 71 reads as follows:
Section 71
(1) With this Act set up a fisheries court that authorities examine, prosecute, and break criminal acts in the field of fisheries.
(2) The fisheries court as referred to in paragraph (1) is a special court that is in the general judicial environment.
(3) The fisheries court as referred to in paragraph (1) shall be set up in the North Jakarta District Court, Medan, Pontianak, Bitung, and Tual.
(4) The fisheries court as referred to in paragraph (1) is based in a state court.
(5) The formation of the subsequent fisheries courts is carried out gradually according to the needs specified with the Presidential Decree.
31. In between Section 71 and Section 72 of the following 1 (one) section of Section 71A, it reads as follows:
Section 71A
The fisheries court is authorized to examine, prosecute, and decide crimes in the areas of fisheries that occur in the area of the fisheries management of the Republic of Indonesia, whether both Indonesian citizens and citizens of the country. Foreign.
32. The provisions of Article 73 are amended so that Article 73 reads as follows:
Section 73
(1) Investigations of felon in the field of fisheries in the State of the Republic of Indonesia fishery management are carried out by the Investigator Civil Servants Fisheries, Investigators Officer of the Indonesian Navy, and/or Investigators of the Indonesian State Police.
(2) In addition to the Indonesian Navy investigators, the Civil Civil Service investigator authorities conducted an investigation of the criminal conduct in the field of fisheries that occurred in ZEEI.
(3) Investigations of felon in the field of fisheries that occur in fishing ports, takes precede by the Fisheries Civil Servants Investigator.
(4) Investigators as referred to in verse (1) may coordinate in the handling of the investigation of criminal acts in the field of fisheries.
(5) To conduct coordination in the handling of criminal acts in the field of fisheries as referred to in paragraph (4), the Minister forms a coordination forum.
33. In between Section 73 and Section 74 are inserted 2 (two) articles, Article 73A and Article 73B, which reads as follows:
Article 73A
The investigator as referred to in Article 73 is authorized:
a. receive a report or complaint from a person about the presence of a criminal activity in the field of fisheries;
B. call and examine the suspect and/or a witness to be heard of his description;
c. carry and confront someone as a suspect and/or a witness to be heard of his attachment;
D. search for the means and fishery infrastructure that is thought to be used in or to be a place of criminal conduct in the field of fisheries;
e. stop, check, capture, carry, and/or hold a ship and/or persons on the plane committing a criminal offence;
f. examine the completeness and validity of the fishery business documents;
G. photographing suspects and/or evidence of criminal acts in the field of fisheries;
h. bring the necessary experts in relation to the criminal conduct in the field of fisheries;
i. create and sign checking event news;
J. Conducting foreclosure on the evidence used and/or the result of a criminal offence;
No, perform a termination of the investigation; and
I. hold other actions that the law says can be accounted for.
Section 73B
(1) Investigators as referred to in Article 73 notify the commencement of the inquiry to the most common prosecutor 7 (seven) days since the discovery of a criminal activity in the field of fisheries.
(2) For the purposes of the inquiry, investigators can hold the suspect at most 20 (twenty) days.
(3) The term as referred to in paragraph (2), if required for the purposes of an uncompleted examination, may be extended by the most common prosecutor 10 (ten) days.
(4) The provisions as referred to in paragraph (2) and paragraph (3) do not close the possibility of a suspect being removed from custody before terminating such detention, if the examination interest is already fulfilled.
(5) After a time of 30 (thirty) that day, investigators must already issue a suspect out of custody by law.
(6) Investigators as referred to in Article 73A deliver the results of the inquiry to the most common prosecutor 30 (thirty) days since the commencement of the inquiry.
34. The provisions of Article 75 are amended so that Article 75 reads as follows:
Section 75
(1) The prosecution of a criminal offence in the field of fisheries is carried out by the public prosecutor set forth by the Attorney General.
(2) The public prosecution of a criminal offence in the field of fisheries as referred to in paragraph (1) must meet the requirements as follows:
a. experienced to be a public prosecutor at least 2 (two) years;
B. has been following the education and technical training in the fisheries field; and
c. speak and have high moral integrity during the course of his duties.
35. The provisions of Article 76 plus 1 (one) paragraph of paragraph (9), so that Article 76 reads as follows:
Section 76
(1) The public prosecutor after receiving the results of the inquiry from the investigator is required to notify the investigator in five (five) days from the date of the receipt of the investigation file.
(2) In terms of the results of the investigation being delivered are not complete, the public prosecutor must return the case file to the investigator accompanied by a clue about the things to be equipped.
(3) Within the longest of 10 (ten) days since the date of receipt of the file, the investigator must resubmit the file to the public prosecutor.
(4) The inquiry is deemed to have been completed if in five (five) days the public prosecutor does not return the results of the investigation or if prior to the deadline it is over there is already a notice of it from the public prosecutor to the investigator.
(5) In the case of the public prosecutor stating the results are complete within 10 (ten) days from the date of receipt of the file of the investigator being declared complete, the public prosecutor must bestow the matter to The fisheries court.
(6) For the benefit of the prosecution, the public prosecutor is authorized to conduct continued detention or detention for 10 (ten) days.
(7) The term as referred to in paragraph (6), if required for the purposes of an uncompleted examination, may be extended by the chairman of the authorized state court of 10 (ten) days.
(8) The provisions as referred to in paragraph (6) and paragraph (7) do not close the possibility of a suspect being removed from custody before the term of the detention expires if the examination interest is already fulfilled.
(9) The general prosecution addresses the case file to the chairman of the longest-authorized state court of 30 (thirty) days since the date of receipt of the file from the investigator is declared complete.
36. Between the Second and the Third Part is inserted a part of the Second Part A, which reads as follows:
The Second Part A
The Evidence item
Section 76A
Objects and/or tools used in and/or resulting from a fishery criminal act may be deprived of the state or be exterminated after the approval of a state court speaker.
Section 76B
(1) The evidence of an easily damaged fishery criminal offence or requires a high cost of care can be auctioned with the approval of the state court chairman.
(2) The evidence of an easily damaged fishery offence as referred to in verse (1) is the type of fish first set aside in part for the benefit of the court.
Section 76C
(1) The objects and/or tools deprived of the fisheries of the fishery as referred to in Article 76A may be auctioned for the country.
(2) The implementation of the auction is conducted by the state auction body in accordance with the provisions of the laws.
(3) The proceeds of the auction of the seizure of the criminal act of fisheries are committed to the country's coffers as state acceptance is not a tax.
(4) The law enforcement agencies in the field of fisheries who successfully perform its duties well and the parties credited in the country's wealth rescue efforts are rewarded in accordance with the provisions of the laws.
(5) Objects and/or tools taken from the proceeds of the fisheries of fisheries vessels may be handed over to the fishing group with fishermen and/or fisheries cooperatives.
(6) Further provisions on awarding the award are set up with the Government Regulation.
37. In between Section 78 and Section 79 of the one (one) section of Article 78A, which reads as follows:
Section 78A
(1) Every court of land that has a fishery court, formed the subterment of the fisheries court led by a young panitera.
(2) In carrying out its duties, the young panitera as referred to in verse (1) is assisted by some substitute panitera.
(3) The young Panitera and the panitera replacement of fishery courts come from the public court environment.
(4) Terms of requirements, appointment methods, and dismissal of youth panitera and replacement of fisheries courts and organizational arrangements, duties, and governance of the fisheries courts are governed by the rules of the law. Supreme Court in accordance with the provisions of the laws.
38. In between Section 83 and Section 84 is inserted 1 (one) section of Article 83A, which reads as follows:
Section 83A
(1) In addition to being designated as a suspect in fishery or other criminal acts, the crew of the other ships may be repatriated including foreign nationals.
(2) The auction of the crew of a foreign citizenship as referred to in verse (1) is carried out by the agency responsible in the field of immigration through the embassy or state representative of the ship's crew.
(3) The terms of the repatriation of the crew of foreign citizenship as referred to in paragraph (1) are executed in accordance with the provisions of the laws.
39. The provisions of Article 85 are amended so that Article 85 reads as follows:
Section 85
Any person who intentionally owns, mastered, carries, and/or uses fishing tools and/or fishing aids that interfere with and damage the sustainability of fish resources on board fishing vessels in the area of management. The fishery of the Republic of Indonesia as referred to in Article 9 is penalised with the penultimate prison criminal 5 (five) years and the most fines of the Rp2,000.000.000.00 (two billion rupiah).
40. The provisions of Article 93 are amended so that Article 93 reads as follows:
Section 93
(1) Any person who owns and/or operates an Indonesian flag fishing vessel performing fishing in the Indonesian Republic of Indonesia and/or off-sea fisheries management areas, which do not have SIPI as intended In Article 27 of the verse (1), it is criminalised with a prison sentence of six (six) years and a fine of the most Rp2,000.000.00 (two billion rupiah).
(2) Any person who owns and/or operates a foreign-flagged fishing vessel carrying out a fish capture in ZEEI which does not have SIPI as referred to in Article 27 of the paragraph (2), convicted of the prison's longest 6 (six) prison criminal years and fines at most Rp20,000.000.000.00 (twenty billion rupiah).
(3) Any person who operates an Indonesian flag fishing vessel in the Indonesian Republic of Indonesia fisheries management area, which does not carry the original SIPI as referred to in Article 27 of the paragraph (3), is convicted of the most criminal prison Six (six) years and a fine of the most Rp2,000.000.000.00 (two billion rupiah).
(4) Any person who operates a foreign flag fishing vessel in ZEEI, which does not carry the original SIPI as referred to in Article 27 of the paragraph (3), is convicted of the longest prison criminal 6 (six) of the year and the most fine Rp20,000.000.000.00 (twenty billion rupiah).
41. In between Section 94 and Section 95 is inserted 1 (one) section of Article 94A, which reads as follows:
Section 94A
Each person who falsified and/or used SIUP, SIPI, and fake SIKPI as referred to in Article 28A was convicted of a prison sentence of 7 (seven) years and a fine of the most Rp3,000.000.00 (three billion rupiah).
42. The provisions of Article 98 are amended so that Article 98 reads as follows:
Section 98
The skipper of a fishing vessel that does not have a sailing approval letter as referred to in Article 42 of the verse (3) is convicted of a prison sentence of at least 1 (one) year and the most fines of the Rp200,000.00 (two hundred million rupiah).
43. Among the Articles of 100 and Section 101 are inserted 4 (four) sections of Section 100A, Section 100B, Section 100C, and Section 100D, which reads as follows:
Article 100A
In the event of a criminal offence as referred to in Article 28A, the forgery of the consent as referred to in Article 35 of the paragraph (1), and the forgery of the registration as referred to in Article 36 involving the official, the pidananya plus 1/3 (one Thirds) of the underlying criminal threat.
Section 100B
In the event of a criminal act as referred to in Article 8, Section 9, Section 12, Section 14 of the paragraph (4), Article 16 of the paragraph (1), Section 20 of the paragraph (3), Article 21, Article 23 of the paragraph (1), Section 26 of the paragraph (1), Section 27 of the paragraph (1), Section 27 of the paragraph (3), Section 28 of the paragraph (1), Section 28 of the paragraph (1), Section 28 of the paragraph (1), Section 28 of verse (3), Article 35 paragraph (1), Section 36 of the paragraph (1), Article 38, Section 42 of the paragraph (3), or Article 55 of the paragraph (1) which is performed by a small fisherman and/or decomposition of the small fishes being convicted of a prison sentence of the longest one (one) year or fine of the most Rp250.000.000.00 (two hundred and fifty million rupiah).
Section 100C
In the event of a criminal offence as referred to in Article 7 of the verse (2) performed by small fishermen and/or bookmakers in small fish are convicted of the penultimate penalty of Rp100.000.00 (one hundred million rupiah).
Section 100D
In the event of a court of dropping a penalty, the fine is required to be made to the state treasury as a state receipt instead of a ministerial tax that has led to the fisheries of the fishery.
44. The provisions of Article 105 are deleted.
45. The provisions of Article 110 are amended so that Article 110 reads as follows:
Article 110
At the time the Act came into force:
a. Law Number 9 Year 1985 on Fisheries (State Sheet of the Republic of Indonesia Year 1985 number 46, Additional Gazette of the Republic of Indonesia No. 3299); and
B. The provisions of the inquiry as set out in Article 14 and the provisions of criminal fines in Article 16 paragraph (1) Act No. 5 of 1983 on the Exclusive Economic Zone of Indonesia (Republic of the Republic of Indonesia 1983 Number 44, Indonesia's Republic of Indonesia Number 3260) in particular relating to criminal conduct in the field of fisheries;
revoked and declared not applicable.
46. In between Articles 110 and Section 111 is inserted 1 (one) section of Article 110A, which reads as follows:
Section 110A
All Government Regulations mandated to carry out the provisions of this Act must be established at least 1 (one) year since the Act is promulred.
PASAL II
This Act goes into effect on the promulgable date.
In order for everyone to know it, order the invitational of this Act with its placement in the State Sheet of the Republic of Indonesia.
Passed in Jakarta
on October 29, 2009
PRESIDENT OF THE REPUBLIC OF INDONESIA,
-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on October 29, 2009
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
PATRIALIST AKBAR
