ADDITIONAL
STATE SHEET RI
| No. 3260 | (explanation Of State Sheet Of 1983 Number 44) |
EXPLANATION
Above
CONSTITUTION OF THE REPUBLIC OF INDONESIA
NUMBER 5 YEAR 1983
ABOUT
INDONESIA ' S EXCLUSIVE ECONOMIC ZONE
I. UMUM
., since long ago the Government of the Republic of Indonesia felt the importance of the meaning of an exclusive economic zone to support the embodiment of WInsights Nusantara in order to improve the welfare of the Indonesian Nation by exploiting all natural natural resources. And non-biodiversity is in its exclusive economic zone.
., in relation to the above then to protect the national interests, in particular in terms of the fulfillment of the needs of animal protein for the Indonesian people as well as the national interest in the area of the utilization of non-biological natural resources, The protection and preservation of marine environment as well as marine scientific research, the Government of the Republic of Indonesia on 21 March 1980 have issued a Government Announcement on the Exclusive Economic Zone of Indonesia.
.,, the international legal regime on an exclusive economic zone has been developed by the international community through the United Nations Convention on the Third Sea Law and the state practice is intended to protect The interests of the coastal country from the dangers of the perils of natural natural resources are near its shores by fishing activities based on free marine regimes.
., in addition, the exclusive economic zone is also meant to protect the interests of the coastal states in the area of conservation of marine environment as well as marine scientific research in order to shore up the utilization of natural resources in the zone.
.,, the United Nations Convention on the Law of the Sea provides the Republic of Indonesia as a coastal state of sovereign rights for the exploration and exploitation of natural resources contained in exclusive economic zones and related jurisdictions. with the exercise of that sovereign right.
., in addition to that Indonesia is obliged to honor the rights of other countries in its exclusive economic zone among other freedom of cruise and aviation, as well as freedom for the installation of cables and undersea pipes in the exclusive economic zone.
.,, specifically related to the utilization of natural resources in Indonesia ' s Exclusive Economic Zone, then in accordance with the United Nations Convention on the Law of the Sea of other countries may take part in the use of natural natural resources, As long as Indonesia has not fully exploited all of its natural resources.
And the foundation of wisdom, and the foundations of wisdom, and the foundations of wisdom, and the foundations of wisdom, and the foundations of wisdom, and the foundations of wisdom, and the foundation of wisdom, and the foundation of wisdom, and the foundation of wisdom, and the foundation of wisdom, and the foundation of wisdom the firm for the exercise of sovereign rights, other rights, jurisdiction and obligations in the exclusive economic zone and thus the legal certainty of the law.
.,, in conjunction with that of the Act on the Exclusive Economic Zone of Indonesia which establishes sovereign rights, other rights, jurisdiction and obligations of the Republic of Indonesia in the exclusive economic zone.
.,,, this Act sets out the underlying provisions whereas further implementation of the provisions of this Act shall be governed in other laws.
II. SECTION BY SECTION
Section 1
., referred to by the term natural natural resources in this legislation is the same meaning as the fisheries resource term in the provisions of the fisheries laws.
Section 2
.,, this section confirms and confirms the geographic definition of Indonesia 's Exclusive Economic Zone listed in the Indonesian Government' s Announcement of the Indonesia Exclusive Economic Zone dated March 21, 1980.
Section 3
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, the Article provides the provision that the same-distance principle is used to set the exclusive economic zone boundary between Indonesia and the neighboring country, unless there are special circumstances that need to be considered so that it is not. adverse to the national interest.
This particular state is for example the island of an island from another country located within a distance of less than 200 (two hundred) nautical miles from the base line to establish the width of Indonesia's Exclusive Economic Zone.
Section 4
.,, Verse (1)
.,, the sovereign rights of Indonesia referred to by this law are not the same or cannot be equated with full sovereignty owned and implemented by Indonesia over sea of territory, Indonesian waters and inland waters of Indonesia. Based on this above then sanctions were threatened in the Exclusive Economic Zone of Indonesia in contrast to the sanctions threatened in the waters that are under the sovereignty of the Republic of Indonesia.
Other rights under international law are the right of the Republic of Indonesia to carry out law enforcement and hot pursuit of foreign ships that conduct violations of the provisions of Indonesian law. regarding the exclusive economic zone.
Other obligations under international law are the obligations of the Republic of Indonesia in respect of the rights of other countries, such as freedom of navigation and overflight, and the freedom of cable-wiring and the freedom of navigation and the rights of the Republic of Indonesia. underwater pipes (freedom of the laying of submarine cables and pipelines).
Verse (2)
.,, this verse determines, that along concerns the natural and non-biological resources at the bottom of the sea and the ground below that are located within the limits of Indonesia's Exclusive Economic Zone Indonesia's sovereign rights are exercised and regulated. Based on the laws of Indonesia in the area of the continental shelf and international agreements on the continental shelf that determines the limits of the continental shelf between Indonesia and neighboring countries. The beaches are facing each other or side by side with Indonesia.
Verse (3)
.,, in accordance with the principles of international law that apply as grown from the practice of the state and poured in the United Nations Convention on the Law of the Sea generated by the United Nations Convention on the The Third Sea Law in the exclusive economic zone of each country, both the coastal country and the uncoastal country, enjoys the freedom of international shipping and aviation as well as the freedom of installation of cables and undersea pipes, as well as the use of the sea With such freedom-freedom like the operation of ships, Aircrafts and cable maintenance and undersea pipes.
Section 5
.,, Verse (1)
.,, Activities for exploration and/or exploitation of natural resources or other activities for exploration and/or economic exploitation such as power generation of water, current and wind in Indonesia ' s Exclusive Economic Zone of Indonesia. by Indonesian citizens or Indonesian legal entities must be based on the permission of the Government of the Republic of Indonesia.
Whereas these activities are above what foreign countries do, people or foreign legal entities must be based on international approval between the Government of the Republic of Indonesia and the foreign country concerned.
Under the terms of the agreement or international agreement, the rights and obligations to which those who undertake the exploration and exploitation activities in the zone are required, among other things, the obligation to pay. Levy to the Government of the Republic of Indonesia.
Verse (2)
.,, the natural natural resources are essentially having the power to recover, but that does not mean infinity.
In the absence of such qualities, in carrying out the management and conservation of natural resources, the Government of the Republic of Indonesia sets a degree of utilization in either part or overall area in the Exclusive Economic Zone. Indonesia.
Verse (3)
.,, in order for conservation of natural natural resources, Indonesia is gerfrying to guarantee the harvest limit of lestari (Maximum sustainable yield) of its natural resources in Indonesia ' s Exclusive Economic Zone.
With regard to the limits of the sustainable harvest, Indonesia is obliged to also set the allowable catch number of natural resources.
In terms of Indonesian fisheries not fully leveraged the number of captured catches, the difference between the number of catches allowed and the number to harvest (capacity to harvest) of Indonesia, may be the result of the Indonesian fisheries. used by other countries with the permission of the Government of the Republic of Indonesia based on international approval For example, the number of captured catches is 1,000 (thousand) tons while the number of new Indonesian capture can reach 600 (six hundred) tons so that other countries may take advantage of the remaining 400 (four hundred) of the tons with the Government's permission. Republic of Indonesia based on international approval.
The designation of Article 4 of the verse (2) is intended to affirm that the sedentary species contained on the ocean floor of the exclusive economic zone are subject to the continuous takeoff regime (Article 1 of the Act No. 1 of 1973) about Takeoff Continuous Indonesia).
It is therefore not subject to the terms of this verse.
Section 6
.,, in accordance with Article 4 of the paragraph (1), the Republic of Indonesia has the exclusive right to build, permit and regulate the construction, operation and use of artificial islands, installations and other buildings.
In addition Indonesia has exclusive jurisdiction over the artificial islands, installations and such buildings including jurisdictions relating to the implementation of laws in the customs, fiscal, and customs laws. health, safety and immigration.
Although Indonesia has exclusive jurisdiction but artificial islands, installations and buildings do not have status as an island in the sense of the territory of the country and therefore do not have its own territorial sea and the Its presence does not affect the territorial sea boundary, Indonesia's Exclusive Economic Zone or the Indonesian Continental Shelf.
Article 7
.,, every marine scientific research in Indonesia ' s Exclusive Economic Zone can only be implemented after a plea for research is approved first by the Government of the Republic of Indonesia. In the term of four (four) months after the acceptance of the request, the Government of the Republic of Indonesia does not specify a. rejected the request, or
., b. that the information provided by the applicant does not conform to reality or is less complete, or
., c. that the petitioner has not fulfilled any obligations on his former research project.
Therefore, a marine scientific research project can be held 6 (six) months since the acceptance of research by the Government of the Republic of Indonesia.
Article 8
.,, Verse (1)
.,, the authority of the protection and preservation of natural resources in Indonesia ' s Exclusive Economic Zone is based on the practice of the state, which has now been accepted also in the United Nations Convention on the Law of the Sea, In the Law No. 4 of the Year 1982, the Underlying Environmental Management ("Law") is held.
Verse (2)
.,, Exile ("dumping") The sea can cause the pollution of the sea; since it needs to be set up, the way and frequency of the disposal and the type, the amount and amount of the discarded material through the permits.
The disposal includes waste disposal and the disposal of other materials that cause the pollution of the sea; the disposal of waste normally carried by ships during the voyage does not require clearance.
Article 9
.,, pretty clear.
Article 10
.,, pretty clear.
Article 11
.,, Verse (1)
.,, the obligation to assume absolute responsibility and pay damages for the rehabilitation of the marine environment and/or natural resources in this sufficient amount is a consequence of the obligation to preserve the centenary and balance of the environment.
As such, this obligation is attached to the goods of those who do the deed, do not commit to the pollution of the marine environment and/or damage to the natural resources.
"strict liability" means that the responsibility arises at the time of the pollution of the marine environment and/or destruction of natural resources, inescapable and procedurally indispensively indispenable. More proof.
Verse (2)
.,, pretty clear
Verse (3)
.,, the Forms, type and magnitude of the loss arising from the pollution of the marine environment and/or the damage to the natural resources that occur will determine the magnitude of the loss. Ecological research on the shape, type and magnitude of the loss is carried out by a team consisting of government parties, the party sufferers and the polluters.
The team is meant to be formed specifically for each case.
Article 12
.,, pretty clear.
Article 13
., against ships and/or people suspected of committing crimes based on evidence of the origin that is sufficient in the sea, especially for ships and/or people of foreign nationality can be conducted follow-up checks with the road. make an arrest of the ships and/or such persons.
Against ships and/or people of Indonesian nationality can be ordered (ad hoc orders) to a port or base appointed by investigators at sea for further processing.
Such arrests are not always able to be implemented in accordance with the arrest deadline set in the Law No. 8 of 1981 on the Code of Criminal Proceed Law, which is one day.
Therefore, for the act of sea capture need to be given a period of time allowing law enforcement officers at sea to bring the ship and/or those people to the port or base.
The maximum term of seven days is considered the maximum time for pulling/dragging a ship from the longest distance in Indonesia's Exclusive Economic Zone to a port or base.
The provisions of the detention of a criminal act according to this law have not been set up in Law No. 8 of 1981, on the subject of the criminal detention is an attempt to be able to process the matter more. Continue.
In conjunction with this, even if the threat of a criminal that can be dropped is a criminal fine but by qualifying as a crime, then the felon needs to be included in the criminal acts as referred to as Article 21. verse (4) of the letter b Code Number 8 of 1981 on the Code of Law of Penal Code.
Section 14
.,, Verse (1)
., in question, the Indonesian Navy's National Army officer who can be appointed as investigators is, for example, Commander of the Ship, Commander of the Naval Area, Commander of the Base and Commander of the Naval Stasion. The designation of Indonesian National Army Officer of the Indonesian Navy as an investigative apparatus in Indonesia's Exclusive Economic Zone is in accordance with the provisions of Article 30 paragraph (2) of the Law No. 20 of 1982 on the provisions of the Defense Pokok State Security of the Republic of Indonesia and Article 17 of the Government Regulation Number 27 of 1983 on the Implementation of Law Number 8 of the Year 1981 on the Code of Criminal Events Act.
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Article 15
.,, Verse (1)
.,, a plea to free the ship and/or those of those arrested for allegedly committing a violation, in accordance with applicable practice, may be filed by the country ' s representative of the concerned foreign ship, the owner, nahkoda Or anyone according to the clear evidence has a working relationship or business relationship with the ship.
Verse (2)
.,, the repayment of the magnitude of the bail money is determined based on the price of the ship, the equipment equipment and the results of its activities plus the magnitude of the maximum fine
Section 16
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Section 17
.,, pretty clear.
Article 18
.,, pretty clear.
Section 19
.,, pretty clear.
Section 20
.,, pretty clear.
Section 21
.,, pretty clear.
