[{"_1":2,"_128":-5,"_129":-5},"loaderData",{"_3":4,"_26":27,"_28":29},"root",{"_5":6,"_7":-5,"_8":9},"locale","en","session","ENV",{"_10":11,"_12":13,"_14":15,"_16":17,"_18":19,"_20":21,"_22":23,"_24":25},"APP_ENV","production","APP_URL","https://veritask.ai","GA_MEASUREMENT_ID","G-X1BV3QBZEM","META_PIXEL_ID","4698743733686194","TIKTOK_PIXEL_IDS","D8A3HTBC77U9J3L243V0","CLARITY_PROJECT_ID","wn9rn7xb4l","MIDTRANS_CLIENT_KEY","Mid-client-hwjEU5pmwAKVMbIA","MIDTRANS_SNAP_URL","https://app.midtrans.com/snap/snap.js","routes/$locale",{"_5":6},"routes/$locale.search-engine.regulation.$regulationId",{"_30":31,"_32":33},"regulationId","ecec08c4-85c4-488c-b660-05732468b85e","regulationData",{"_34":31,"_35":36,"_124":125,"_126":127},"regulation_id","overview",{"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":46,"_48":49,"_50":51,"_57":58,"_59":60,"_64":65,"_69":70,"_71":72,"_73":74,"_75":76,"_77":78,"_79":80,"_81":82,"_83":84,"_85":86,"_87":88,"_89":90,"_91":92,"_93":94,"_101":102,"_119":120,"_121":-5,"_122":123},"title","Undang-undang (UU) Nomor 17 Tahun 2008 tentang Pelayaran","short_title","Undang-undang (UU) No. 17 Tahun 2008","number","17","year","2008","published_date","2008-05-07","effective_date","status_id","3611a577-44a0-41ad-986d-7457e14f52ff","status",{"_52":49,"_53":54,"_55":56},"id","name","Berlaku","description","Peraturan yang masih berlaku dan memiliki kekuatan hukum yang mengikat","type_id","ddc1b3d4-1a6f-400a-a0d3-4bbc9f4612dc","type",{"_52":58,"_53":61,"_62":63},"Undang-undang (UU)","short_name","UU","subjects",[66],{"_52":67,"_53":68,"_55":-5},"d67c4605-d5de-4825-91ac-8b25d478786c","TRANSPORTASI DARAT/LAUT/UDARA","location","Pemerintah Pusat","place_of_enactment","Jakarta","theme","Pelayaran","subject_matter","pengaturan untuk bidang angkutan di perairan memuat prinsip pelaksanaan asas cabotage dengan cara pemberdayaan angkutan laut nasional yang memberikan iklim kondusif guna memajukan industri angkutan di perairan, antara lain adanya kemudahan di bidang perpajakan, dan permodalan dalam pengadaan kapal serta adanya kontrak jangka panjang untuk angkutan;\r\n Dalam rangka pemberdayaan industri angkutan laut nasional, dalam Undang Undang ini diatur pula mengenai hipotek kapal. Pengaturan ini merupakan salah satu upaya untuk meyakinkan kreditor bahwa kapal Indonesia dapat dijadikan agunan berdasarkan peraturan perundang-undangan, sehingga diharapkan perusahaan angkutan laut nasional akan mudah memperoleh dana untuk pengembangan armadanya;\r\n pengaturan untuk bidang kepelabuhanan memuat ketentuan mengenai penghapusan monopoli dalam penyelenggaraan pelabuhan, pemisahan antara fungsi regulator dan operator serta memberikan peran serta pemerintah daerah dan swasta secara proposional di dalam penyelenggaraan kepelabuhanan;\r\n pengaturan untuk bidang keselamatan dan keamanan pelayaran memuat ketentuan yang mengantisipasi kemajuan teknologi dengan mengacu pada konvensi internasional yang cenderung menggunakan peralatan mutakhir pada sarana dan prasarana keselamatan pelayaran, di samping mengakomodasi ketentuan mengenai sistem keamanan pelayaran yang termuat dalam “International Ship and Port Facility Security Code”; dan\r\npengaturan untuk bidang perlindungan lingkungan maritim memuat ketentuan mengenai pencegahan dan penanggulangan pencemaran lingkungan laut yang bersumber dari pengoperasian kapal dan sarana sejenisnya dengan mengakomodasikan ketentuan internasional terkait seperti “International Convention for the Prevention of Pollution from Ships”.\r\nSelain hal tersebut di atas, yang juga diatur secara tegas dan jelas dalam Undang-Undang ini adalah pembentukan institusi di bidang penjagaan laut dan pantai (Sea and Coast Guard) yang dibentuk dan bertanggung jawab kepada Presiden dan secara teknis operasional dilaksanakan oleh Menteri.","abstract","\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n

pelayaran
2008
Undang-undang (UU) NO. 17, LN.2008/NO.64, TLN NO.4849, LL SETNEG : 132 HLM
Undang-undang (UU) TENTANG Pelayaran
ABSTRAK:	\n \n bahwa Negara Kesatuan Republik Indonesia adalah negara kepulauan berciri nusantara yang disatukan oleh wilayah perairan sangat luas dengan batas-batas, hak-hak, dan kedaulatan yang ditetapkan dengan undang-undang;\r\nbahwa dalam upaya mencapai tujuan nasional berdasarkan Pancasila dan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, mewujudkan Wawasan Nusantara serta memantapkan ketahanan nasional diperlukan sistem transportasi nasional untuk mendukung pertumbuhan ekonomi, pengembangan wilayah, dan memperkukuh kedaulatan negara;\r\nbahwa pelayaran yang terdiri atas angkutan di perairan, kepelabuhanan, keselamatan dan keamanan pelayaran, dan perlindungan lingkungan maritim, merupakan bagian dari sistem transportasi nasional yang harus dikembangkan potensi dan peranannya untuk mewujudkan sistem transportasi yang efektif dan efisien, serta membantu terciptanya pola distribusi nasional yang mantap dan dinamis;\r\nbahwa perkembangan lingkungan strategis nasional dan internasional menuntut penyelenggaraan pelayaran yang sesuai dengan perkembangan ilmu pengetahuan dan teknologi, peran serta swasta dan persaingan usaha, otonomi daerah, dan akuntabilitas penyelenggara negara, dengan tetap mengutamakan keselamatan dan keamanan pelayaran demi kepentingan nasional;\r\nbahwa Undang-Undang Nomor 21 Tahun 1992 tentang Pelayaran sudah tidak sesuai lagi dengan kebutuhan penyelenggaraan pelayaran saat ini sehingga perlu diganti dengan undang-undang yang baru. \n Pasal 5 ayat (1), Pasal 20 ayat (1), Pasal 25A, dan Pasal 33 Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. \n pengaturan untuk bidang angkutan di perairan memuat prinsip pelaksanaan asas cabotage dengan cara pemberdayaan angkutan laut nasional yang memberikan iklim kondusif guna memajukan industri angkutan di perairan, antara lain adanya kemudahan di bidang perpajakan, dan permodalan dalam pengadaan kapal serta adanya kontrak jangka panjang untuk angkutan;\r\n Dalam rangka pemberdayaan industri angkutan laut nasional, dalam Undang Undang ini diatur pula mengenai hipotek kapal. Pengaturan ini merupakan salah satu upaya untuk meyakinkan kreditor bahwa kapal Indonesia dapat dijadikan agunan berdasarkan peraturan perundang-undangan, sehingga diharapkan perusahaan angkutan laut nasional akan mudah memperoleh dana untuk pengembangan armadanya;\r\n pengaturan untuk bidang kepelabuhanan memuat ketentuan mengenai penghapusan monopoli dalam penyelenggaraan pelabuhan, pemisahan antara fungsi regulator dan operator serta memberikan peran serta pemerintah daerah dan swasta secara proposional di dalam penyelenggaraan kepelabuhanan;\r\n pengaturan untuk bidang keselamatan dan keamanan pelayaran memuat ketentuan yang mengantisipasi kemajuan teknologi dengan mengacu pada konvensi internasional yang cenderung menggunakan peralatan mutakhir pada sarana dan prasarana keselamatan pelayaran, di samping mengakomodasi ketentuan mengenai sistem keamanan pelayaran yang termuat dalam “International Ship and Port Facility Security Code”; dan\r\npengaturan untuk bidang perlindungan lingkungan maritim memuat ketentuan mengenai pencegahan dan penanggulangan pencemaran lingkungan laut yang bersumber dari pengoperasian kapal dan sarana sejenisnya dengan mengakomodasikan ketentuan internasional terkait seperti “International Convention for the Prevention of Pollution from Ships”.\r\nSelain hal tersebut di atas, yang juga diatur secara tegas dan jelas dalam Undang-Undang ini adalah pembentukan institusi di bidang penjagaan laut dan pantai (Sea and Coast Guard) yang dibentuk dan bertanggung jawab kepada Presiden dan secara teknis operasional dilaksanakan oleh Menteri.\r\n \n \n
CATATAN:	\n \n Undang-undang (UU) ini mulai berlaku pada tanggal 07 Mei 2008. \n \r\n- \n Ketentuan lebih lanjut mengenai kegiatan angkutan laut dalam negeri diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai kegiatan angkutan laut luar negeri, keagenan umum, dan perwakilan perusahaan angkutan laut asing diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai kegiatan angkutan laut khusus diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai kegiatan angkutan laut pelayaran-rakyat diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai kegiatan angkutan sungai dan danau diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai kegiatan angkutan penyeberangan diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai pelayaran-perintis dan penugasan pada angkutan di perairan untuk daerah masih tertinggal dan/atau wilayah terpencil diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai tata cara dan persyaratan perizinan angkutan di perairan diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai tata cara dan persyaratan perizinan usaha jasa terkait dengan angkutan di perairan diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai jenis, struktur, dan golongan tarif angkutan dan usaha jasa terkait diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai wajib angkut diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai tanggung jawab pengangkut diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai tata cara pengangkutan barang khusus dan barang berbahaya diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai angkutan multimoda diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai pemberdayaan industri angkutan perairan dan perkuatan industri perkapalan nasional diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai tata cara dan prosedur pengenaan sanksi administratif sebagaimana dimaksud pada ayat (1) dan ayat (2) diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai tata cara pembebanan hipotek diatur dengan Peraturan Menteri.\r\nKetentuan lebih lanjut mengenai pedoman dan tata cara penetapan Rencana Induk Pelabuhan serta Daerah Lingkungan Kerja dan Daerah Lingkungan Kepentingan pelabuhan diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai Otoritas Pelabuhan dan Unit Penyelenggara Pelabuhan diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai Badan Usaha Pelabuhan diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai perizinan pembangunan dan pengoperasian pelabuhan diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai terminal khusus dan perubahan status terminal khusus diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai pelabuhan dan terminal khusus yang terbuka bagi perdagangan luar negeri diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai tata cara pembatalan sertifikat sebagaimana dimaksud pada ayat (2) diatur dengan Peraturan Menteri.\r\nKetentuan lebih lanjut mengenai tata cara pengesahan gambar dan pengawasan pembangunan kapal, serta pemeriksaan dan sertifikasi keselamatan kapal diatur dengan Peraturan Menteri.\r\nKetentuan lebih lanjut mengenai pencegahan pencemaran dari kapal diatur dengan Peraturan Menteri.\r\nKetentuan lebih lanjut mengenai penyijilan, pengawakan kapal, dan dokumen pelaut diatur dengan Peraturan Menteri.\r\nKetentuan lebih lanjut mengenai garis muat dan pemuatan diatur dengan Peraturan Menteri.\r\nKetentuan lebih lanjut mengenai perjanjian kerja dan persyaratan fasilitas kesehatan penumpang diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai tata cara pengukuran dan penerbitan surat ukur, tata cara, persyaratan, dan dokumentasi pendaftaran kapal, serta tata cara dan persyaratan penerbitan Surat Tanda Kebangsaan Kapal diatur dengan Peraturan Menteri.\r\nKetentuan lebih lanjut mengenai tata cara audit dan penerbitan sertifikat manajemen keselamatan dan pencegahan pencemaran Peraturan Menteri.\r\nKetentuan lebih lanjut mengenai tata cara audit dan penerbitan sertifikat manajemen keamanan kapal diatur dengan Peraturan Menteri.\r\nKetentuan lebih lanjut mengenai tata cara dan prosedur pengenaan sanksi administratif sebagaimana dimaksud pada ayat (1) dan ayat (2) diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai penyelenggaraan Sarana Bantu Navigasi-Pelayaran diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut tentang penyelenggaraan Telekomunikasi-Pelayaran diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai pelayanan meteorologi sebagaimana dimaksud pada ayat (1) diatur dengan peraturan pemerintah.\r\nKetentuan lebih lanjut mengenai tata cara dan persyaratan penetapan alur dan perlintasan diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai desain dan pekerjaan pengerukan alur-pelayaran, kolam pelabuhan, dan reklamasi serta sertifikasi pelaksana pekerjaan diatur dengan Peraturan Menteri.\r\nKetentuan lebih lanjut mengenai penetapan perairan pandu, persyaratan dan kualifikasi petugas pandu, serta penyelenggaraan pemanduan diatur dengan Peraturan Menteri.\r\nKetentuan lebih lanjut mengenai tata cara dan persyaratan pengangkatan kerangka kapal dan/atau muatannya diatur dengan Peraturan Menteri.\r\nKetentuan lebih lanjut mengenai tata cara dan persyaratan salvage dan pekerjaan bawah air diatur dengan Peraturan Menteri.\r\nKetentuan lebih lanjut mengenai tata cara dan prosedur pengenaan sanksi administratif sebagaimana dimaksud pada ayat (1) diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai pembentukan kelembagaan Syahbandar sebagaimana dimaksud pada ayat (1) diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai tata cara pelaksanaan keamanan dan ketertiban serta permintaan bantuan di pelabuhan sebagaimana dimaksud pada ayat (1) dan ayat (2) diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai tata cara pemberitahuan kedatangan kapal, pemeriksaan, penyerahan, serta penyimpanan surat, dokumen, dan warta kapal sebagaimana dimaksud pada ayat (1), ayat (2), dan ayat (3) diatur dengan Peraturan Menteri.\r\nKetentuan lebih lanjut mengenai tata cara memperoleh persetujuan dan pelaporan sebagaimana dimaksud pada ayat (1) dan ayat (2) diatur dengan Peraturan Menteri.\r\nKetentuan lebih lanjut mengenai tata cara pemeriksaan kapal sebagaimana dimaksud pada ayat (1) dan ayat (2) diatur dengan Peraturan Menteri.\r\nKetentuan mengenai tata cara penerbitan Surat Persetujuan Berlayar sebagaimana dimaksud pada ayat (1) diatur dengan Peraturan Menteri.\r\nKetentuan lebih lanjut mengenai tata cara penahanan kapal di pelabuhan sebagaimana dimaksud pada ayat (1) diatur dengan Peraturan Menteri.\r\nKetentuan lebih lanjut mengenai tata cara dan prosedur pengenaan sanksi administratif sebagaimana dimaksud pada ayat (1) diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai pencegahan dan penanggulangan pencemaran akibat pengoperasian kapal diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai pencegahan dan penanggulangan pencemaran di pelabuhan diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai pembuangan limbah di perairan diatur dengan Peraturan Pemerintah.\r\nPersyaratan perlindungan lingkungan maritim untuk kegiatan penutuhan kapal sebagaimana dimaksud dalam Pasal 241 diatur dengan Peraturan Menteri.\r\nKetentuan lebih lanjut mengenai tata cara dan prosedur pengenaan sanksi administratif sebagaimana dimaksud pada ayat (1) diatur dengan Peraturan Pemerintah.\r\nMahkamah Pelayaran memiliki susunan organisasi dan tata kerja yang ditetapkan dengan Peraturan Menteri\r\nKetentuan lebih lanjut mengenai fungsi, kewenangan, dan tugas Mahkamah Pelayaran serta tata cara dan prosedur pengenaan sanksi administratif diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai tugas Komite Nasional Keselamatan Transportasi serta tata cara pemeriksaan dan investigasi kecelakaan kapal diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai pencarian dan pertolongan diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai penyelenggaraan dan pengembangan sumber daya manusia, tata cara dan prosedur pengenaan sanksi administratif, serta besarnya denda administratif diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai tata cara dan prosedur pengenaan sanksi administratif serta besarnya denda administratif sebagaimana dimaksud pada ayat (1) diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai peran serta masyarakat sebagaimana dimaksud pada ayat (1) diatur dengan Peraturan Menteri.\r\nKetentuan lebih lanjut mengenai kewenangan penjaga laut dan pantai diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai identitas penjaga laut dan pantai diatur dengan Peraturan Pemerintah.\r\nKetentuan lebih lanjut mengenai pembentukan serta organisasi dan tata kerja penjaga laut dan pantai sebagaimana dimaksud dalam Pasal 276 diatur dengan Peraturan Pemerintah.\r\n \n 206 \n \n

","regulatory_relationship","Peraturan ini mencabut: 1. Undang-Undang Nomor 21 Tahun 1992 tentang Pelayaran.","scope_and_parties","(-)","policy_content","Undang-Undang Nomor 17 Tahun 2008 tentang Pelayaran mengatur pelaksanaan sistem pelayaran nasional di Indonesia. Tujuannya adalah untuk mencapai tujuan nasional berdasarkan Pancasila dan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, dengan menekankan pentingnya keselamatan dan keamanan pelayaran, pelindungan lingkungan maritim, serta pengembangan sistem transportasi yang terpadu. Selain itu, regulasi ini membagi kewenangan antara Pemerintah Pusat dan daerah, membentuk otoritas pelabuhan baru, dan menetapkan kewajiban bagi subjek hukum untuk mendapatkan izin usaha, pendaftaran, dan persetujuan tertentu bagi pelaksanaan kegiatan pelayaran. Pengoperasikan kapal harus memenuhi kriteria tertentu, termasuk ukuran dan kelaiklautan kapal yang diawaki oleh awak yang memenuhi kompetensi dan kualifikasi sesuai ketentuan yang berlaku.","transitional_provisions","1. Kapal asing yang saat ini masih melayani kegiatan angkutan laut dalam negeri tetap dapat melakukan kegiatannya paling lama 3 (tiga) tahun sejak Undang-Undang ini berlaku. 2. Administrator Pelabuhan dan Kantor Pelabuhan tetap melaksanakan tugas dan fungsinya sampai dengan terbentuknya lembaga baru berdasarkan Undang-Undang ini. 3. Pelabuhan umum, pelabuhan penyeberangan, pelabuhan khusus, dan dermaga untuk kepentingan sendiri yang telah diselenggarakan berdasarkan Undang-Undang Nomor 21 Tahun 1992, kegiatannya tetap dapat diselenggarakan dengan ketentuan peran, fungsi, jenis, hierarki, dan statusnya wajib disesuaikan dalam waktu paling lambat 2 (dua) tahun. 4. Penjagaan Laut dan Pantai harus sudah terbentuk paling lambat 3 (tiga) tahun sejak Undang-Undang ini berlaku.","sanctions","1. Pelanggaran terhadap ketentuan dalam Undang-Undang ini dapat dikenakan sanksi administratif, termasuk peringatan, pembekuan izin, atau pencabutan izin. 2. Sanksi pidana dapat dikenakan bagi pelanggaran tertentu dengan hukuman penjara, misalnya, mengoperasikan kapal tanpa izin. 3. Pelanggaran yang mengakibatkan kerugian jiwa atau harta benda dapat dikenakan sanksi pidana penjara hingga 10 tahun.","revoked_by",[],"partially_revoked_by",[],"revokes",[95],{"_96":97,"_98":99,"_34":100},"text","UU No. 21 Tahun 1992 tentang Pelayaran","link","https://peraturan.bpk.go.id/Details/46618/uu-no-21-tahun-1992","82555b53-f6f9-40af-bc02-e66de280577f","amended_by",[103,107,111,115],{"_96":104,"_98":105,"_34":106},"UU No. 66 Tahun 2024 tentang Perubahan Ketiga atas Undang-Undang Nomor 17 Tahun 2008 tentang Pelayaran","https://peraturan.bpk.go.id/Details/306526/uu-no-66-tahun-2024","6889c7d4-1a2b-4169-b260-9e829aa438db",{"_96":108,"_98":109,"_34":110},"UU No. 6 Tahun 2023 tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 2 Tahun 2022 tentang Cipta Kerja menjadi Undang-Undang","https://peraturan.bpk.go.id/Details/246523/uu-no-6-tahun-2023","0652cd74-d4e0-42f6-9ba9-858e75df1a97",{"_96":112,"_98":113,"_34":114},"PERPU No. 2 Tahun 2022 tentang Cipta Kerja","https://peraturan.bpk.go.id/Details/234926/perpu-no-2-tahun-2022","38c2d482-037b-4467-9237-8a564f0a28ef",{"_96":116,"_98":117,"_34":118},"UU No. 11 Tahun 2020 tentang Cipta Kerja","https://peraturan.bpk.go.id/Details/149750/uu-no-11-tahun-2020","cce2bd84-2ff7-4ad7-9f03-5ace7b635e24","amends",[],"constitutional_review","is_verified",false,"english_excerpt","\n \n \n \n \n \n \n \n \n \n \n

Considering:

\n a. that the Unitary State of the Republic of Indonesia is an archipelagic country characterized by the archipelago which is united by vast waters with the limits, rights, and sovereignty established by law;
\n b. that in an effort to achieve national goals based on the Pancasila and the 1945 Constitution of the Republic of Indonesia, to realize the Archipelagic Insight and strengthen national resilience, a national transportation system is needed to support economic growth, regional development, and strengthen national sovereignty;
\n c. that shipping consisting of transportation in waterways, ports, maritime safety and security, and environmental protection is part of the national transportation system that must be developed in its potential and role to realize an effective and efficient transportation system and help create a stable and dynamic national distribution pattern;
\n d. that the development of the national and international strategic environment demands the organization of shipping in accordance with the development of science and technology, private sector participation, business competition, regional autonomy, and accountability of state organizers, while prioritizing safety and security of shipping for national interests;
\n e. that Law Number 21 of 1992 concerning Shipping is no longer in accordance with the needs of current shipping management and therefore needs to be replaced with a new law;
\n f. that based on considerations referred to in letters a, b, c, d, and e, it is necessary to establish a Law on Shipping;\n

Remembering:

Article 5 paragraph (1), Article 20 paragraph (1), Article 25A, and Article 33 of the 1945 Constitution of the Republic of Indonesia;

DECIDING:

Establishing: LAW ON SHIPPING.

\n\n \n \n \n \n \n \n

CHAPTER I
GENERAL PROVISIONS

\n\n\n \n \n \n

Considering:

\n a. that in this Law, it is meant as follows:
\n 1. Maritime transport is a unified system consisting of transportation in the waters, port operations, safety and security, and marine environmental protection.
\n 2. Indonesian waters are the territorial sea of Indonesia along with island waters and its inland waters.
\n 3. Transport in the waters is the activity of transporting and/or moving passengers and/or goods using vessels.
\n 4. Special Sea Transport is transportation activities to serve its own business interests to support its main business.
\n 5. People's Sea Transport is a traditional people's business with its own characteristics to carry out transportation in the waters using sailing ships, motor sailboats, and/or simple motor boats flying the Indonesian flag in certain sizes.
\n 6. Route is the transportation service route from one port to another.
\n 7. General Agent is a national shipping company or a national company specifically established to conduct ship agency business, appointed by a foreign shipping company to manage the interests of its ships while in Indonesia.
\n 8. Pioneer Shipping is the transportation service in the waters on routes set by the Government to serve areas or regions that have not been or not served by maritime transport due to lack of commercial viability.
\n 9. Related Service Businesses are business activities aimed at facilitating shipping activities.
\n 10. Multimodal Transport is the transportation of goods using at least 2 (two) different transportation modes based on 1 (one) contract using multimodal transport documents from one place of receipt of goods by multimodal transport operators to a specified place for the delivery of those goods.
\n 11. Main Business is the type of business mentioned in a company's business license letter.
\n 12. Ship Mortgage is the collateral right over a registered ship to secure the repayment of certain debts that gives priority status to certain creditors over other creditors.
\n 13. Prioritized Maritime Receivables are claims that must be settled first from the results of executing a ship, ahead of the claims of ship mortgage holders.
\n 14. Port operations relate to everything associated with the implementation of port functions to support the smooth, safe, and orderly flow of ship traffic, passengers and/or goods, sailing safety and security, and as a place of intramodal and/or intermodal transfer, promoting the national and regional economy while still considering territorial spatial planning.
\n 15. National Port Order is a system of port operations that includes the roles, functions, types, hierarchies of ports, National Port Master Plan, and port locations along with intramodal and intermodal integration and integration with other sectors.
\n 16. A Port is a place comprising land and/or waters with defined boundaries used for governmental activities and business activities, utilized as docking places for ships, passenger boarding and disembarking, and/or cargo loading and unloading, in the form of terminals and docking areas equipped with safety and security facilities for navigation and supporting port activities as well as a place for intra-modal and intermodal transport shifts.
\n 17. Main Port is a port whose principal function is to serve domestic and international maritime transport activities, massive domestic and international maritime transfers, and as a departure and arrival location for passengers and/or goods, as well as a crossing transport with interprovincial service coverage.
\n 18. Collector Port is a port whose main function is to serve domestic maritime transport activities, moderate domestic maritime transfers, and function as a departure and arrival location for passengers and/or goods, as well as a crossing transport with interprovincial service coverage.
\n 19. Feeder Port is a port whose main function is to serve domestic maritime transport activities, limited domestic maritime transfers, serving as a feeder for main and collector ports, and function as a departure and arrival location for passengers and/or goods, as well as a ferrying transport with provincial service coverage.
\n 20. Terminal is port facilities consisting of berthing basins and spaces for vessels to moor or dock, waiting areas for passengers boarding and disembarking, and/or cargo loading and unloading areas.
\n 21. Special Terminal is a terminal located outside of the Work Environmental Zone and Port Interest Area which is part of the nearest port designated to serve its own interests in accordance with its primary business.
\n 22. Terminal for Self-Interest is a terminal located within the Work Environmental Zone and Port Interest Area which is a part of the port to serve its own interests according to its main business.
\n 23. Work Environmental Area (DLKr) is the water and land area in a port or special terminal that is directly used for port activities.
\n 24. Area of Interest (DLKp) is the waters surrounding the work environment waters of the port used to ensure the safety of navigation.
\n 25. Port Master Plan is the spatial arrangement of ports in the form of a plan for land and water use in the Work Environmental Area and the Port Interest Area.
\n 26. Port Authority is a governmental body at the port as an authority executing the functions of regulation, control, and supervision of business-oriented port operations.
\n 27. Port Organizer Unit is a governmental body at the port as an authority performing regulatory functions, control, supervision of port activities, and providing port service assistance for ports that have not been commercially developed yet.
\n 28. Port Business Entity is a business entity with activities specifically in the terminal and other port facility business.
\n 29. Port Basin is the water in front of the dock used for operational interests of mooring and vessel maneuvering.
\n 30. Spatial Planning is the structure and pattern of space expression.
\n 31. Spatial Arrangement is a systematic process of planning spatial use, exploiting space, and controlling the use of space.
\n 32. Safety and Security of Shipping is a state where safety and security requirements concerning maritime transport, port operations, and marine environments are met.
\n 33. Ship Seaworthiness is the condition of a vessel that meets safety requirements, prevention of water pollution from vessels, crew, loading lines, loading, welfare of the crew, and health of the passengers, the legal status of the vessel, safety and pollution prevention management from vessels, and safety management to sail in certain waters.
\n 34. Ship Safety is the condition of a vessel that meets material, construction, building, machinery, and electrical requirements, stability, arrangement including equipment such as life-saving devices and radios, ship electronics, proven by certificates after inspection and testing has been performed.
\n 35. Classification Body is a ship classification agency that regulates the structural strength and machinery of the vessel, quality assurance materials for marine, oversight of construction, maintenance, and reconstruction of vessels according to classification regulations.
\n 36. Ship is a water vehicle of certain forms and types powered by wind, mechanical power, or other energies, towed or pushed, including dynamic-supporting vehicles, submersible vehicles, and floating devices and structures that remain unmoved.
\n 37. Warship is a ship of the National Armed Forces of Indonesia designated according to the provisions of applicable law regulations.
\n 38. State Ship is a state-owned vessel used by certain Government agencies assigned functions and powers according to applicable law provisions to enforce the law and fulfill other Government duties.
\n 39. Foreign Ship is a ship flying the flag other than the Indonesian flag and is not recorded in the list of Indonesian ships.
\n 40. Ship Crew is a person working or employed aboard a ship by the owner or operator to perform duties aboard the ship according to their stated position in the certificate book.
\n 41. Captain is one of the ship's crew who is the highest leader on board and has certain authorities and responsibilities in accordance with the provisions of law regulations.
\n 42. Ship's Crew Member is the crew other than the Captain.
\n 43. Navigation is everything related to Navigation Aids, Maritime Telecommunications, hydrography and meteorology, traffic lanes and crossings, dredging and reclamation, piloting, handling hulls, salvage, and underwater work for the interests of shipping safety.
\n 44. Navigation is the process of directing the movement of a vessel from one point to another safely and smoothly to avoid danger and/or obstacles to navigation.
\n 45. Shipping Lane is a waterway that, in view of depth, width, and free of other navigation hindrances, is considered safe for navigation.
\n 46. Navigation Aids are equipment or systems outside the ship designed and operated to enhance the safety and efficiency of ship navigation and/or maritime traffic.\n\n\n\n \n \n \n \n \n \n

Considering:

\n a. that Telecommunication-Shipping is telecommunications specifically for shipping service purposes that involves broadcasting, transmitting or receiving any type of signs, images, sounds, and information in any form through wire, optical, radio, or other electromagnetic systems used in movable-shipping services which is part of shipping safety.
\n b. that Pilotage is the activity of a pilot assisting, advising, and providing information to the Captain regarding the local waters that are important for safe, orderly, and smooth navigation for the safety of ships and the environment.
\n c. that Mandatory Pilot Waters are water areas that due to their conditions require pilotage for the vessels navigating through them.
\n d. that a Pilot is a sailor who has expertise in the nautical field and has met the requirements to perform vessel pilotage.
\n e. that Underwater Work is work related to installation, construction, or ships conducted underwater and/or special underwater work, namely the use of underwater equipment operated from the water surface.
\n f. that Dredging is work that modifies the bottom shape of water to achieve the desired depth and width or to extract base material from the water used for certain purposes.
\n g. that Reclamation is work to fill in water or coastline which changes the coastline and/or the depth contour of the water.
\n h. that Vessel Wreckage is any vessel that has sunk, run aground or beached and has been abandoned.
\n i. that Salvage is work to provide assistance to ships and/or their cargo that experience shipwreck or are in danger in the waters including raising wrecked ships or underwater obstacles or other objects.
\n j. that Port Authority is a government official in the port appointed by the Minister and has the highest authority to carry out and oversee compliance with legislation to ensure the safety and security of shipping.
\n k. that Marine Environmental Protection is every effort to prevent and address water pollution arising from activities related to shipping.
\n l. that the Maritime Court is an expert panel that is under and responsible to the Minister tasked with conducting further investigations into vessel accidents.
\n m. that Sea and Coast Guard is an institution that performs the functions of guarding and enforcing laws at sea and on the coast which is established and accountable to the President and is technically operationally conducted by the Minister.
\n n. that Business Entity is a State-Owned Enterprise, Regional Owned Enterprise, or legal entity of Indonesia specifically established for shipping purposes.
\n o. that Every Person is an individual or corporation.
\n p. that the Central Government, hereinafter referred to as Government, is the President of the Republic of Indonesia who holds the power of government of the Republic of Indonesia as referred to in the Constitution of the Republic of Indonesia Year 1945.
\n q. that the Regional Government is the governor, regent, or mayor and regional devices as components of the regional government organizers.
\n r. that the Minister is the Minister whose duties and responsibilities are in the field of shipping.\n

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CHAPTER I
DEFINITIONS

Article 1

Definitions\n

Telecommunication-Shipping is telecommunications specifically for shipping service purposes that involves broadcasting, transmitting or receiving any type of signs, images, sounds, and information in any form through wire, optical, radio, or other electromagnetic systems used in movable-shipping services which is part of shipping safety.
Pilotage is the activity of a pilot assisting, advising, and providing information to the Captain regarding the local waters that are important for safe, orderly, and smooth navigation for the safety of ships and the environment.
Mandatory Pilot Waters are water areas that due to their conditions require pilotage for the vessels navigating through them.
A Pilot is a sailor who has expertise in the nautical field and has met the requirements to perform vessel pilotage.
Underwater Work is work related to installation, construction, or ships conducted underwater and/or special underwater work, namely the use of underwater equipment operated from the water surface.
Dredging is work that modifies the bottom shape of water to achieve the desired depth and width or to extract base material from the water used for certain purposes.
Reclamation is work to fill in water or coastline which changes the coastline and/or the depth contour of the water.
Vessel Wreckage is any vessel that has sunk, run aground or beached and has been abandoned.
Salvage is work to provide assistance to ships and/or their cargo that experience shipwreck or are in danger in the waters including raising wrecked ships or underwater obstacles or other objects.
Port Authority is a government official in the port appointed by the Minister and has the highest authority to carry out and oversee compliance with legislation to ensure the safety and security of shipping.
Marine Environmental Protection is every effort to prevent and address water pollution arising from activities related to shipping.
The Maritime Court is an expert panel that is under and responsible to the Minister tasked with conducting further investigations into vessel accidents.
Sea and Coast Guard is an institution that performs the functions of guarding and enforcing laws at sea and on the coast which is established and accountable to the President and is technically operationally conducted by the Minister.
Business Entity is a State-Owned Enterprise, Regional Owned Enterprise, or legal entity of Indonesia specifically established for shipping purposes.
Every Person is an individual or corporation.
The Central Government, hereinafter referred to as Government, is the President of the Republic of Indonesia who holds the power of government of the Republic of Indonesia as referred to in the Constitution of the Republic of Indonesia Year 1945.
The Regional Government is the governor, regent, or mayor and regional devices as components of the regional government organizers.
The Minister is the Minister whose duties and responsibilities are in the field of shipping.

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	\n Established in Jakarta \n on July 19, 2023 \n MINISTER OF TRANSPORTATION \n REPUBLIC OF INDONESIA \n \n signed \n JONI SETIAWAN\n
\n Promulgated in Jakarta \n on July 20, 2023 \n MINISTER OF LAW AND HUMAN RIGHTS \n REPUBLIC OF INDONESIA, \n \n signed \n YASONNA H. LAOLY\n

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Considering:

\n a. that Navigation is organized based on the principle of benefits;
\n b. that Navigation is organized based on the principle of joint effort and kinship;
\n c. that Navigation is organized based on the principle of healthy competition;
\n d. that Navigation is organized based on the principle of fairness and equity without discrimination;
\n e. that Navigation is organized based on the principles of balance, harmony, and alignment;
\n f. that Navigation is organized based on the public interest;
\n g. that Navigation is organized based on the principle of integration;
\n h. that Navigation is organized based on the principle of the rule of law;
\n i. that Navigation is organized based on the principle of independence;
\n j. that Navigation is organized based on the principle of environmental awareness;
\n k. that Navigation is organized based on the principle of national sovereignty; and
\n l. that Navigation is organized based on the principle of nationalism.
\n

Recalling:

\n Navigation is organized for the purpose of:
\n a. facilitating the flow of people and/or goods through the waters while prioritizing and protecting transportation in the waters to facilitate national economic activities;
\n b. fostering the spirit of marine life;
\n c. upholding national sovereignty;
\n d. creating competitiveness by developing the national water transport industry;
\n e. supporting, motivating, and encouraging the achievement of national development goals;
\n f. strengthening the unity and integrity of the nation in the framework of realizing the Archipelagic Concept; and
\n g. enhancing national resilience.
\n

Establishing:

\n CHAPTER II
PRINCIPLES AND OBJECTIVES
\n

Article 2

\n Navigation is organized based on:
\n

the principle of benefit;
the principle of joint effort and kinship;
the principle of healthy competition;
the principle of fairness and equity without discrimination;
the principle of balance, harmony, and alignment;
the principle of public interest;
the principle of integration;
the principle of rule of law;
the principle of independence;
the principle of environmental awareness;
the principle of national sovereignty; and
the principle of nationalism.

Article 3

\n Navigation is organized with the objectives of:
\n

facilitating the flow of people and/or goods through the waters while prioritizing and protecting transportation in the waters to facilitate national economic activities;
fostering the spirit of marine life;
upholding national sovereignty;
creating competitiveness by developing the national water transport industry;
supporting, motivating, and encouraging the achievement of national development goals;
strengthening the unity and integrity of the nation in the framework of realizing the Archipelagic Concept; and
enhancing national resilience.

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CHAPTER III
SCOPE OF APPLICATION OF THE LAW

Article 4

\n This Law applies to:
\n

all transportation activities in the waters, ports, safety and security of navigation, and protection of marine environment in Indonesian waters;
all foreign ships sailing in Indonesian waters; and
all Indonesian-flagged ships located outside Indonesian waters.

CHAPTER IV
DEVELOPMENT

Article 5

Navigation is controlled by the state and its development is carried out by the Government.
The development of navigation as referred to in paragraph (1) includes:
\n
1. regulation;
2. control; and
3. supervision.
\n
Regulation as referred to in paragraph (2) letter a includes the establishment of general and technical policies, including the determination of norms, standards, guidelines, criteria, planning, and procedures, including safety and security requirements for navigation and permits.
Control as referred to in paragraph (2) letter b includes providing direction, guidance, training, licensing, certification, and technical assistance in development and operation fields.
Supervision as referred to in paragraph (2) letter c includes supervision of the development and operation to ensure compliance with laws and regulations, including corrective actions and law enforcement.
The development of navigation as referred to in paragraph (2) is conducted while considering all aspects of community life and is directed towards:
\n
1. facilitating the mass flow of people and/or goods through the waters safely, securely, quickly, smoothly, orderly, comfortably, and effectively, at a cost affordable by people’s purchasing power;
2. enhancing the organization of transportation activities in the waters, ports, safety and security, as well as protecting marine environments as part of the overall integrated transport modes using advances in science and technology;
3. developing resilient national transport fleets at sea supported by reliable shipbuilding industry that can meet transportation needs, both domestically and internationally;
4. developing reliable and competitive national water transport service enterprises supported by ease of financing, tax relief, and a robust shipbuilding industry to become independent and competitive;
5. increasing the capability and role of ports as well as safety and security in navigation by ensuring the availability of navigable channels, port basins, and adequate Navigation Aids to support transportation in the waters;
6. realizing marine human resources who are professional, marine-minded, and able to adapt to the evolving needs of navigation organization; and
7. fulfilling marine environmental protection with efforts to prevent and mitigate pollution originating from water transport activities, ports, and safety and security.
\n
Regional governments carry out the development of navigation as referred to in paragraph (6) in accordance with their authority.

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	\n Established in Jakarta \n on the date XX \n GOVERNMENT OF THE REPUBLIC OF INDONESIA \n MINISTER, \n (signature) \n NAME OF MINISTER\n
\n Announced in Jakarta \n on the date XX \n MINISTER OF LAW AND HUMAN RIGHTS \n REPUBLIC OF INDONESIA, \n (signature) \n NAME OF MINISTER\n

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Considering:	\n a. that the sea transportation activities of the people's shipping as a traditional community endeavor is an important part of water transportation and has its own essential role and characteristics; \n b. that the sea transportation activities of the people's shipping is carried out by Indonesian citizens or businesses using Indonesian flag vessels that meet maritime safety requirements and manned by crew members who are Indonesian citizens; \n c. that the guidance of the sea transportation of the people's shipping is implemented to maintain the life and significant role of people's shipping as part of the national maritime potential which forms a unified national transportation system; \n d. that the development of the sea transportation of the people's shipping is carried out to enhance services to remote areas and/or waters with limited depth channels including rivers and lakes; \n e. that the river and lake transportation activities within the country are performed by Indonesian citizens or businesses; \n f. that cross-border ferry activities within the country are conducted by enterprises using vessels flying the Indonesian flag. \n
Remembering:	\n Further provisions regarding the sea transportation activities of the people's shipping are regulated by Government Regulations.\n
Establishing:	\n GOVERNMENT REGULATION ON SEA TRANSPORTATION ACTIVITIES.\n

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	\n CHAPTER I SEA TRANSPORTATION \n Article 15 \n \n The activities of sea transportation of people's shipping as a traditional community endeavor have an important role and their own characteristics. \n The activities of sea transportation of people's shipping are conducted by individuals who are Indonesian citizens or businesses using Indonesian flag vessels that meet maritime safety requirements and manned by crew members who are Indonesian citizens. \n \n
	\n Article 16 \n \n The guidance of sea transportation of the people's shipping is implemented to preserve the business and significant role of sea transportation of the people's shipping as part of the national maritime potential, which is a unified national transportation system. \n The development of sea transportation of the people's shipping is implemented to: \n \n enhance services to remote areas and/or waters with limited channel depth including rivers and lakes; \n improve its capacity as a field of sea transportation and jobs; \n enhance the competence of human resources and entrepreneurship in national sea transportation business. \n \n \n The fleet of sea transportation of the people's shipping can be operated within the country and across borders, both on regular and irregular routes. \n \n
	\n Article 17 \n Further provisions regarding the sea transportation activities of the people’s shipping are regulated by Government Regulations.\n
	\n Part Three River and Lake Transportation \n
	\n Article 18 \n \n River and lake transportation activities within the country are carried out by individuals who are Indonesian citizens or businesses using Indonesian flag vessels that meet maritime safety requirements and manned by crew members who are Indonesian citizens. \n Cross-border river and lake transportation activities between the Republic of Indonesia and neighboring countries are conducted based on agreements between the Government of the Republic of Indonesia and the respective neighboring government. \n River and lake transportation conducted between two countries as mentioned in paragraph (2) can only be done by Indonesian flag vessels and/or vessels of the respective country. \n River and lake transportation activities are structured and conducted in an integrated manner considering the intra- and inter-modality that form a unified national transportation system. \n River and lake transportation can be carried out using regular and irregular routes. \n River and lake transportation activities are prohibited from being conducted at sea unless authorized by the Harbour Master while still meeting maritime safety requirements for vessels. \n \n
	\n Article 19 \n \n To support primary business, river and lake transportation activities for own interests may be conducted. \n Such river and lake transportation activities as mentioned in paragraph (1) may be conducted by individuals who are Indonesian citizens or businesses with permission from the Government. \n \n
	\n Article 20 \n Further provisions regarding river and lake transportation activities are regulated by Government Regulations.\n
	\n Part Four Ferry Transportation \n
	\n Article 21 \n \n Domestic ferry transportation activities are carried out by business entities using Indonesian flag vessels that meet maritime safety requirements and are manned by crew members who are Indonesian citizens. \n Cross-border ferry transportation activities between the Republic of Indonesia and neighboring countries are conducted based on agreements between the Government of the Republic of Indonesia and the respective government. \n Ferry transportation carried out between two countries as referred to in paragraph (2) can only be carried out by Indonesian flag vessels and/or vessels of the respective country. \n \n
	\n Article 22 \n \n Ferry transportation functions as a bridge connecting road networks or rail networks separated by water to transport passengers and vehicles along with their cargo. \n Establishment of ferry transportation routes as referenced in paragraph (1) is carried out by considering: \n \n the development of road networks and/or rail networks that are separated by water; \n the function as a bridge; \n the relationship between two ports, between a port and terminal, and between two ferry terminals at a certain distance; \n it does not carry goods unloaded from the transporting vehicle; \n Regional Spatial Planning; \n the sea transportation route network so that it can optimize the integration of inter- and intra-modal transport. \n \n \n Ferry transportation is carried out using regular and scheduled routes. \n \n
	\n Article 23 \n Further provisions regarding ferry transportation activities are regulated by Government Regulations.\n
	\n Part Five Water Transportation for Underdeveloped Areas and/or Isolated Regions \n
	\n Article 24 \n \n Water transportation for underdeveloped areas and/or isolated regions must be conducted by the Government and/or local governments. \n Water transportation as referred to in paragraph (1) is implemented through pioneering shipping and assignments. \n Pioneering shipping as referred to in paragraph (2) is carried out at the expense provided by the Government and/or local governments. \n Assignments as referred to in paragraph (2) are given to national sea transportation companies with compensation from the Government and/or local governments equal to the difference between production costs and tariffs set by the Government and/or local governments as a public service obligation. \n Pioneering shipping and assignments are carried out in an integrated manner with other sectors based on regional development approaches. \n Water transport for underdeveloped areas and/or isolated regions will be evaluated by the Government and/or local governments annually. \n \n
	\n Article 25 \n Pioneering shipping as referred to in Article 24 can be conducted through long-term contracts with transportation companies at sea using Indonesian flagged vessels that meet maritime safety requirements manned by Indonesian citizens.\n
	\n Article 26 \n Further provisions regarding pioneering shipping and assignment in water transport for underdeveloped areas and/or isolated regions are regulated by Government Regulations.\n
	\n Part Six Transport Licensing \n
	\n Article 27 \n To conduct transportation activities in waters, individuals who are Indonesian citizens or businesses must have a business license.\n
	\n Article 28 \n \n Sea transport business licenses are issued by: \n \n the respective regent/mayor for enterprises residing within the district/city and operating across ports within that district/city; \n the respective provincial governor for enterprises based in that province and operating across inter-district/city ports within that province; \n the Minister for enterprises conducting activities across interprovincial and international ports. \n \n \n Sea transport business licenses for people's shipping are issued by: \n \n the respective regent/mayor for individuals who are Indonesian citizens or businesses residing within the district/city and operating across ports within that district/city; \n the respective governor for individuals who are Indonesian citizens or businesses residing and operating across inter-district/city ports in the province, interprovincial ports, and international ports. \n \n \n River and lake transportation business licenses are issued by: \n \n the respective regent/mayor according to the domicile of the Indonesian citizens or businesses; \n The Governor of the Special Capital Region of Jakarta for individuals who are Indonesian citizens or businesses residing in the Special Capital Region of Jakarta. \n \n \n In addition to having business licenses as mentioned in paragraph (3) for river and lake transport, vessels operated must have route permits issued by: \n \n the respective regent/mayor for vessels serving routes within the district/city; \n the respective provincial governor for vessels serving inter-district routes within the province; \n the Minister for vessels serving interprovincial and/or interstate routes. \n \n \n Ferry transport business licenses are issued by: \n \n the respective regent/mayor according to the domicile of the enterprise; \n The Governor of the Special Capital Region of Jakarta for enterprises residing in the Special Capital Region of Jakarta. \n \n \n In addition to having business licenses as mentioned in paragraph (5) for ferry transport, vessels operated must have operational approvals from: \n \n the respective regent/mayor for vessels serving routes within the district/city; \n the respective provincial governor for vessels serving inter-district ports; \n the Minister for vessels serving interprovincial and/or interstate ports. \n \n \n \n
	\n Article 29 \n \n To obtain a sea transport business license as referred to in Article 28 paragraph (1), enterprises must have Indonesian-flagged vessels with a minimum size of GT 175 (one hundred seventy-five Gross Tonnage). \n Individuals who are Indonesian citizens or businesses may collaborate with foreign sea transport companies or foreign legal entities or foreign nationals in the form of joint ventures by forming sea transport enterprises that have at least 1 (one) unit of Indonesian-flagged vessel with a size of GT 5000 (five thousand Gross Tonnage) and manned by crew members who are Indonesian citizens. \n \n
	\n Article 30 \n Further provisions regarding the procedure and requirements for transport licensing in waters are regulated by Government Regulations.\n

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	\n Established in Jakarta \n on September 30, 2023 \n MINISTER OF TRANSPORTATION \n REPUBLIC OF INDONESIA \n CHAIRMAN, \n sgd \n BUDI KARYA SUMADI\n
\n Promulgated in Jakarta \n on October 1, 2023 \n MINISTER OF LAW AND HUMAN RIGHTS \n REPUBLIC OF INDONESIA, \n sgd \n YASONNA H. LAOLY\n

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Considering:	\n a. that for the smooth operation of transport in the waters as referred to in Article 6, related services may be conducted with sea transport; \n b. that these related services may include...\n
Remembering:	\n Law Number ...\n
Determining:	\n REGULATION ON CERTAIN SERVICES IN THE WATERS.\n

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	\n Section Seven Related Services with Sea Transport \n Article 31 \n \n (1) For the smooth operation of transport in the waters as referred to in Article 6, related services may be conducted with sea transport. \n (2) Related services as referred to in paragraph (1) may take the form of:\n \n loading and unloading of goods; \n transportation management services; \n port water transport; \n leasing of sea transport equipment or equipment related to sea transport; \n independent tally; \n container depot; \n ship management; \n ship brokerage; \n ship manning agency; \n shipping agency; and \n ship repair and maintenance. \n \n \n \n
	\n Article 32 \n \n (1) Related services as referred to in Article 31 paragraph (2) are carried out by enterprises established specifically for this purpose. \n (2) In addition to the enterprises established specifically for this purpose as referred to in paragraph (1), cargo handling activities may be carried out by national sea transport companies only for certain goods handling for the vessels they operate. \n (3) In addition to the enterprises established specifically for this purpose as referred to in paragraph (1), port water transport activities may be operated by national sea transport companies. \n (4) Activities that are not independent tally as referred to in Article 31 paragraph (2) letter e may be carried out by national sea transport companies, cargo handling companies, or transportation management companies ... \n \n
	\n Article 33 \n Every enterprise established specifically for related services as referred to in Article 32 paragraph (1) must have a business license. \n
	\n Article 34 \n Further provisions regarding the procedures and requirements for licensing related services with sea transport are regulated by Government Regulation. \n

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	\n Established in Jakarta \n on the day XX of July 20XX \n NAME OF AUTHORITY \n POSITION, \n signature \n NAME OF OFFICER\n
\n Announced in Jakarta \n on the day XX of July 20XX \n MINISTER OF LAW AND HUMAN RIGHTS \n REPUBLIC OF INDONESIA, \n signature \n NAME OF OFFICER\n

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Considering:	\n a. that for the empowerment of the national maritime transportation industry and strengthening of the national shipbuilding industry as regulated in Article 56...\n
Remembering:	\n Law on Industrial Empowerment.\n
Determining:	\n GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA ON THE EMPOWERMENT OF MARITIME TRANSPORTATION INDUSTRY AND STRENGTHENING OF SHIPBUILDING INDUSTRY.\n

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CHAPTER V
EMPOWERMENT OF MARITIME TRANSPORTATION INDUSTRY
STRENGTHENING OF SHIPBUILDING INDUSTRY

Article 57

(1) The empowerment of the national maritime transportation industry as referred to in Article 56 shall be carried out by the Government by:
\n

providing financing and tax facilities;
facilitating long-term partnership contracts between goods owners and ship owners; and
providing assurance of the availability of fuel for transportation in waters.

(2) Strengthening of the national shipbuilding industry as referred to in Article 56 shall be carried out by the Government by:
\n

establishing integrated shipbuilding industrial zones;
developing centers for design, research, and development of the national ship industry;
developing standardization and ship components using as much local content as possible and carrying out technology transfer;
developing raw material industry and ship components;
providing incentives to national transportation companies that build and/or repair ships domestically and/or procure ships from abroad;
building ships at national shipyards if the procurement costs are charged to the State Budget or Regional Budget;
building ships whose funding comes from abroad using as much local content and technology transfer as possible; and
maintaining and repairing ships at the national shipbuilding industry whose costs are charged to the State Budget or Regional Budget.

Article 58

Further provisions regarding the empowerment of maritime transportation industry and strengthening of shipbuilding industry shall be regulated by Government Regulation.

CHAPTER VI
MORTGAGE AND PRIORITY OF MARITIME CLAIMS

Section One
Mortgage

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	\n Established in Jakarta \n on March 20, 2023 \n MINISTER OF TRANSPORTATION \n REPUBLIC OF INDONESIA, \n CHAIRMAN, \n signature \n RIZAL M. SYAHBANA\n
\n Enacted in Jakarta \n on March 21, 2023 \n MINISTER OF LAW AND HUMAN RIGHTS \n REPUBLIC OF INDONESIA, \n signature \n YASONNA H. LAOLY\n

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Considering:	\n a. that every port must have a Port Master Plan; \n b. that the Port Master Plan is formulated by considering several important factors including the National Port Master Plan;\n
Recalling:	\n Various applicable regulations both at the national and local levels related to port management.\n
Establishing:	\n REGULATION ON PORT MASTER PLANS.\n

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	\n CHAPTER I PORT MASTER PLAN \n Article 73 \n (1) Every port must have a Port Master Plan. \n (2) The Port Master Plan as referred to in paragraph (1) is drawn up by considering: \n \n the National Port Master Plan; \n Provincial Spatial Planning; \n Regency/City Spatial Planning; \n harmonization and balance with other related activities at the port location; \n technical, economic, and environmental feasibility; \n security and safety of vessel traffic. \n \n \n
	\n Article 74 \n (1) The Port Master Plan as referred to in Article 73 paragraph (1) includes the land use and water area use plans. \n (2) The land use plan as referred to in paragraph (1) is based on the criteria of need: \n \n main facilities; \n supporting facilities. \n \n \n
	\n Article 75 \n (1) The Port Master Plan as referred to in Article 73 paragraph (1) is equipped with Work Environment Area and Interest Environment Area of the port. \n (2) The boundaries of the Work Environment Area and the Interest Environment Area of the port as referred to in paragraph (1) are determined by geographical coordinates to ensure port activities. \n (3) The Work Environment Area of the port consists of: \n \n land area used for primary and supporting facilities activities; \n water area used for navigation routes, mooring places, ship-to-ship transshipment, port basins for anchorage needs and vessel maneuvering, pilotage activities, ship repair places, and other activities as needed. \n \n \n
	\n Article 76 \n (1) The Port Master Plan and the Work Environment Area and Interest Environment Area for sea ports are determined by: \n \n The Minister for main and collector ports after receiving recommendations from the governor and regent/mayor regarding the alignment with provincial and regency/city spatial planning; \n the governor or regent/mayor for feeder ports. \n \n \n

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	\n Established in Jakarta \n on July 19, 2016 \n MINISTER OF TRANSPORTATION \n THE REPUBLIC OF INDONESIA \n minister, \n signature \n BUDI KARYA SUMADI\n
\n Promulgated in Jakarta \n on July 20, 2016 \n MINISTER OF LAW AND HUMAN RIGHTS \n THE REPUBLIC OF INDONESIA, \n signature \n YASONNA H. LAOLY\n

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Considering:	\n a. that based on the provisions of Article 90 paragraph (1) the activities of business management in ports consist of the provision and/or provision of port services and services related to port operations; \n b. that the provision and/or provision of port services includes the provision and/or provision of ship, passenger, and cargo services. \n c. that in order to support the smooth operation of ports, it is necessary to regulate port service activities.\n
Recalling:	\n Law Number 17 of 2008 concerning Navigation and Law Number 32 of 2009 concerning Environmental Protection and Management.\n
Establishes:	\n GOVERNMENT REGULATION ON PORT SERVICE ACTIVITIES.\n

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CHAPTER I
PORT ACTIVITIES

\n\n

Article 90

The activities of business management in ports consist of the provision and/or provision of port services and services related to port operations.
The provision and/or provision of port services as referred to in paragraph (1) includes the provision and/or provision of ship, passenger, and cargo services.
The provision and/or provision of ship, passenger, and cargo services consists of:\n
1. the provision and/or provision of berthing services;
2. the provision and/or provision of fuel filling services and clean water services;
3. the provision and/or provision of passenger or vehicle embarkation/disembarkation facilities;
4. the provision and/or provision of berthing services for loading and unloading activities of goods and containers;
5. the provision and/or provision of warehouse and storage facilities for goods, loading and unloading equipment, as well as port facilities;
6. the provision and/or provision of container terminal services, liquid bulk, dry bulk, and Ro-Ro;
7. the provision and/or provision of goods loading and unloading services;
8. the provision and/or provision of distribution and consolidation centers for goods; and/or
9. the provision and/or provision of tugboat services.
\n
Services related to port operations as referred to in paragraph (1) include activities that support the smooth operation and add value to the port.

\n\n

Article 91

The provision and/or provision of port services at ports operated commercially is carried out by Port Business Entities in accordance with the type of business license they hold.
The business activities carried out by the Port Business Entities can be conducted for more than one terminal.
The provision and/or provision of port services at ports that have not been commercially operated is carried out by Port Organizer Units.
Under certain circumstances, terminals and other port facilities at ports operated by Port Organizer Units may be carried out by Port Business Entities based on agreements.
Services related to port operations can be performed by individual Indonesian citizens and/or business entities.

\n\n

Article 92

The activities of providing and/or providing port services carried out by Port Business Entities are based on concessions or other forms from the Port Authority, which are documented in an agreement.

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CHAPTER II
Port Business Entities

\n\n

Article 93

Port Business Entities act as operators who operate terminals and other port facilities.

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Article 94

In carrying out the provision and/or provision of port services, Port Business Entities are obliged to:\n
1. provide and maintain the feasibility of port facilities;
2. provide services to port service users in accordance with the service standards set by the Government;
3. maintain security, safety, and order at the port facilities they operate;
4. assist in maintaining safety, security, and order concerning transportation in the waters;
5. preserve environmental sustainability;
6. fulfill obligations as per the concessions in the agreement; and
7. comply with statutory regulations, both nationally and internationally.
\n

\n\n

Article 95

Further provisions regarding Port Business Entities are regulated by Government Regulation.

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CHAPTER III
Port Development and Operations

\n\n

Article 96

Marine port development is carried out based on permits from:\n
1. The Minister for main ports and collector ports;
2. Governor or regent/mayor for feeder ports.
\n
Marine port development must meet technical port requirements, environmental sustainability, and consider intra- and inter-modal transportation integration.

\n\n

Article 97

A marine port can only operate after it is completed and meets operational requirements and obtains permits.
Licenses to operate marine ports are granted by:\n
1. The Minister for main ports and collector ports;
2. Governor or regent/mayor for feeder ports.
\n

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Article 98

River and lake port development must obtain permits from regents/mayors.
River and lake port development is carried out based on technical port requirements, environmental sustainability, and considering intra- and inter-modal transportation integration.
River and lake ports can only operate after they are completed, meet operational requirements, and obtain permits.
Licenses to operate river and lake ports are granted by regents/mayors.

\n\n

Article 99

Further provisions regarding licensing for port development and operation are regulated by Government Regulation.

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CHAPTER IV
Liability for Damages

\n\n

Article 100

Individuals who are Indonesian citizens and/or business entities conducting activities at the port are responsible for compensating for any damages to buildings and/or port facilities caused by their activities.
The owners and/or operators of ships are responsible for compensating for any damages to buildings and/or port facilities caused by the ships.
To ensure liability for compensation, the owners and/or operators of ships who conduct activities at the port must provide guarantees.

\n\n

Article 101

Port Business Entities are responsible for damages to service users or other third parties due to errors in port operations.
Service users or third parties have the right to claim compensation.

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CHAPTER V
Special Terminals and Terminals for Private Interests

\n\n

Article 102

To support certain activities outside the Working Environment Area and the Interests Area, a special terminal may be constructed.
To support certain activities within the Working Environment Area and the Interests Area, a terminal for private interests may be constructed.

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Article 103

A special terminal is determined to be part of the nearest port;
It must have specific Working Environment Areas and Interests Areas;
It is located in government agencies that perform safety and security functions for navigation.

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Article 104

A special terminal may only be built and operated when:\n
1. The nearest port cannot accommodate the main activities; and
2. Based on economic and operational technical considerations, it is more effective and efficient, and ensures navigation safety and security to build and operate a special terminal.
\n
To build and operate a special terminal, technical port requirements, navigational safety and security, and environmental sustainability must be met with a permit from the Minister.
Licenses for the operation of special terminals are granted for a maximum period of 5 (five) years and may be extended as long as they meet the requirements.

\n\n

Article 105

A special terminal is prohibited from being used for public interests except in emergencies with the Minister's permission.

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Article 106

A special terminal that is no longer operated according to the granted permit may be handed over to the Government or restored to its original state.

\n\n

Article 107

A special terminal handed over to the Government may change its status to a port after meeting the requirements.

\n\n

Article 108

Further provisions regarding special terminals and changes in the status of special terminals are regulated by Government Regulation.

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CHAPTER VI
Tariffs

\n\n

Article 109

Every port service provision is subject to tariffs according to the services provided.

\n\n

Article 110

Tariffs related to the use of water and/or land as well as port services organized by the Port Authority are set by the Port Authority after consultation with the Minister.
Tariffs for port services undertaken by Port Business Entities are determined by Port Business Entities based on the types, structures, and categories of tariffs set by the Government.
Tariffs for port services for ports operated non-commercially by the Government are set by Government Regulation.
Tariffs for port services operated by provincial and regency/city governments are set by Regional Regulations.

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	\n Established in Jakarta \n on July 19, 2023 \n GOVERNMENT REGULATION \n ON PORT SERVICE ACTIVITIES \n ttd \n OFFICIAL NAME\n
\n Promulgated in Jakarta \n on July 20, 2023 \n MINISTER OF LAW AND HUMAN RIGHTS \n ttd \n OFFICIAL NAME\n

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Considering:

\n a. that Port activities to support the smooth running of trade that is open to foreign trade are carried out by main ports;
\n b. that The designation of ports referred to in paragraph (1) is determined based on considerations:\n

the growth and development of the national economy;
the interests of international trade;
the interests of developing national marine transportation capabilities;
the geographical position located on the international shipping route;
The National Port Order;
port facilities;
security and national sovereignty;
other national interests.

\n c. that Certain special terminals can be used to conduct foreign trade activities;
\n d. that Certain special terminals referred to in paragraph (3) must meet the requirements:\n

administrative aspects;
economic aspects;
aspects of safety and security of navigation;
technical aspects of port facilities;
office facilities and supporting equipment for institutions holding safety and security functions of navigation, customs, immigration, and quarantine;
types of special commodities.

\n e. that Ports and special terminals open to foreign trade are determined by the Minister.\n

Recalling:

\n Government Regulation on ports and special terminals open for foreign trade.\n

Establishing:

\n DECISION OF THE MINISTER ON PORTS AND SPECIAL TERMINALS FOR FOREIGN TRADE.\n

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	\n CHAPTER VIII SAFETY AND SECURITY OF NAVIGATION \n First Section General \n Article 111 \n\n (1) Port activities to support the smooth running of trade that is open to foreign trade are carried out by main ports. \n (2) The designation of ports referred to in paragraph (1) is determined based on considerations: \n \n the growth and development of the national economy; \n the interests of international trade; \n the interests of developing national marine transportation capabilities; \n the geographical position located on the international shipping route; \n The National Port Order; \n port facilities; \n security and national sovereignty; \n other national interests. \n \n (3) Certain special terminals can be used to conduct foreign trade activities. \n (4) Certain special terminals referred to in paragraph (3) must meet the requirements: \n \n administrative aspects; \n economic aspects; \n aspects of safety and security of navigation; \n technical aspects of port facilities; \n office facilities and supporting equipment for institutions holding safety and security functions of navigation, customs, immigration, and quarantine; \n types of special commodities. \n \n (5) Ports and special terminals open to foreign trade are determined by the Minister.\n
	\n Article 112 \n\n (1) Any person who violates the provisions referred to in Article 111 paragraph (4) may be subject to administrative sanctions in the form of administrative fines. \n (2) Further provisions regarding the procedures and procedures for the imposition of administrative sanctions and the amount of administrative fines as referred to in paragraph (1) shall be regulated by Government Regulations. \n
	\n Article 113 \n\n Further provisions regarding ports and special terminals open for foreign trade shall be regulated by Government Regulations. \n
	\n CHAPTER IX SHIP SEAWORTHINESS \n First Section Safety of Ships \n Article 124 \n (1) Every procurement, construction, and work of ships including their equipment as well as the operation of ships in Indonesian waters must meet the ship safety requirements. \n (2) The safety requirements for ships referred to in paragraph (1) include: \n \n materials; \n construction; \n buildings; \n machinery and electrical; \n stability; \n arrangement and equipment including lifesaving equipment and radio; \n ship electronics. \n \n
	\n Article 125 \n (1) Before the construction and work of ships including their equipment, the owner or shipyard must make calculations and design drawings as well as complete data. \n (2) Construction or work of ships that is a refurbishment must conform to the design drawings and data that have been approved by the Minister. \n (3) Supervision of the construction and refurbishment of ships is carried out by the Minister.\n
	\n Article 126 \n (1) Ships that are declared to meet the ship safety requirements are given a safety certificate by the Minister. \n (2) The safety certificate referred to in paragraph (1) consists of: \n \n passenger ship safety certificate; \n freight ship safety certificate; \n fit for purpose and manning certificate for fishing vessels. \n \n (3) Ship safety is determined through inspections and tests. \n (4) For ships that have obtained the certificate as referred to in paragraph (1), regular inspections are conducted until the ship is no longer used. \n (5) Inspections and tests as well as reviews as referred to in paragraphs (3) and (4) must be conducted by government officials who are authorized and competent.\n
	\n Article 127 \n (1) A ship's certificate is not valid if: \n \n the validity period has expired; \n does not carry out the endorsement of the certificate; \n the ship is damaged and stated not to meet the ship safety requirements; \n the ship changes name; \n the ship changes flag; \n the ship no longer complies with the technical data in the ship safety certificate; \n the ship undergoes a renovation that changes the ship's construction, main dimension, function or type; \n the ship sinks or is lost; \n the ship is scrapped. \n \n (2) The ship certificate is revoked if: \n \n the information in the ship documents used to issue the certificate is not in accordance with the actual state; \n the ship no longer meets the ship safety requirements; \n the certificate is obtained unlawfully. \n \n (3) Further provisions regarding the procedure for revocation of certificates as referred to in paragraph (2) shall be regulated by Ministerial Regulations.\n

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	\n Established in Jakarta \n on September 20, 2023 \n MINISTER OF TRANSPORTATION \n REPUBLIC OF INDONESIA, \n CHAIRMAN, \n ttd \n BUDI KARYA SUMADI\n
\n Promulgated in Jakarta \n on September 21, 2023 \n MINISTER OF LAW AND HUMAN RIGHTS \n REPUBLIC OF INDONESIA, \n ttd \n YASONNA H. LAOLY\n

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Considering:	Article 130\n \n Every ship that obtains a certificate as referred to in Article 126 paragraph (1) must be maintained so that it continues to meet the ship safety requirements. \n Ship maintenance as referred to in paragraph (1) is carried out periodically and at any time. \n In certain circumstances, the Minister may grant exemptions from some of the stipulated requirements while keeping the safety of the ship in mind. \n \n
Remembering:	Article 131\n \n Ships according to their type, size, and navigation areas must be equipped with navigation equipment and/or electronic navigation equipment that meets the requirements. \n Ships according to their type, size, and navigation areas must be equipped with radio communication devices and their complement that meet the requirements. \n \n
Establishing:	Article 132\n \n Ships according to their type, size, and navigation areas must be equipped with meteorological equipment that meets the requirements. \n Ships as referred to in paragraph (1) must provide weather information in accordance with the stipulations of legislation. \n The captain who is sailing and is aware of adverse weather that endangers sailing safety must disseminate it to other parties and/or related Government agencies. \n \n

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	\n Part Two Prevention of Pollution from Ships \n Article 134 \n \n Every ship operating in Indonesian waters must meet the requirements for pollution prevention and control. \n Pollution prevention and control is determined through inspection and testing. \n Ships declared to meet the pollution prevention and control requirements will be granted a pollution prevention and control certificate by the Minister. \n Further provisions regarding pollution prevention from ships shall be regulated by Ministerial Regulation. \n \n
	\n Part Three Crew of the Ship \n Article 135 \n Every ship must be manned by a Ship's Crew that meets the qualification and competency requirements according to national and international provisions. \n
	\n Article 136 \n \n The captain and crew members for Indonesian-flagged ships must be Indonesian citizens. \n Exemptions from the provisions as referred to in paragraph (1) may be granted according to the stipulations of the legislation. \n \n
	\n Article 137 \n \n The captain for motor ships with a size of GT 35 (thirty-five Gross Tonnage) or more has the authority of law enforcement and is responsible for the safety, security, and order of the ship, crew, and cargo. \n The captain for motor vessels under GT 35 (thirty-five Gross Tonnage) and traditional ships under GT 105 (one hundred five Gross Tonnage) with simple construction navigating in restricted waters is responsible for the safety, security, and order of the ship, crew, and cargo. \n The captain is not responsible for the validity or the material correctness of the cargo documents. \n The captain is obliged to refuse and notify the authorities if he/she knows that the cargo being transported does not match the cargo documents. \n Besides the authority as referred to in paragraph (1), the captain for motor ships with a size of GT 35 (thirty-five Gross Tonnage) or more is given special duties and authorities, namely:\n \n to record every birth; \n to record each death; and \n to witness and record a will. \n \n \n The captain must meet the education, training, skills, and health requirements. \n \n
	\n Article 138 \n \n The captain must be onboard the ship during sailing. \n Before the ship sails, the captain must ensure that the ship has met the seaworthiness requirements and report this to the Harbor Master. \n The captain has the right to refuse to navigate his/her ship if he/she knows that the ship does not meet the requirements referred to in paragraph (2). \n The owner or operator of the ship must provide the captain with the freedom to carry out his/her duties in accordance with the laws and regulations. \n \n
	\n Article 139 \n For rescue actions, the captain has the right to deviate from the established route and take other necessary actions. \n
	\n Article 140 \n \n In the event that the captain of a motor ship with a size of GT 35 (thirty-five Gross Tonnage) or more is temporarily or permanently unable to carry out his/her duties while the ship is sailing, the first mate shall replace him/her, and at the next port call a replacement captain shall be appointed. \n If the first mate is unable to replace the captain as referred to in paragraph (1), the highest-ranking mate according to certification shall take over and a replacement captain shall be appointed at the next port call. \n If the replacement of the captain as referred to in paragraph (1) and (2) is due to a temporary obstacle, the replacement does not transfer the authority and responsibility of the captain to the temporary replacement. \n If all the officers on board are unable to replace the captain as referred to in paragraph (1), a replacement captain shall be appointed by the ship's council. \n If the replacement of the captain as referred to in paragraph (1) is due to permanent obstacles, the temporary replacement captain has authority and responsibility as regulated in Article 137 paragraph (1) and paragraph (3). \n \n
	\n Article 141 \n \n The captain for motor ships with a size of GT 35 (thirty-five Gross Tonnage) or more and the captain for passenger vessels must maintain a ship's log. \n The captain for motor ships with a size of GT 35 (thirty-five Gross Tonnage) or more must report the ship's log to the relevant government authorities and/or at the request of authorized parties to show the ship's log and/or provide a copy of it. \n The ship's log as referred to in paragraph (1) may be used as evidence in court. \n \n
	\n Article 142 \n \n Crew members must obey the captain's orders precisely and carefully and are prohibited from leaving the ship without the captain's permission. \n If a crew member knows that the order received is not in accordance with the applicable regulations, he/she has the right to report it to the relevant government authorities. \n \n
	\n Article 143 \n \n The captain is authorized to take disciplinary action against any crew member who violates the rules such as: \n \n leaving the ship without the captain's permission; \n not returning to the ship on time; \n not performing duties properly; \n refusing assigned orders; \n behaving disorderly; and/or \n behaving inappropriately. \n \n The implementation of the provisions as referred to in paragraph (1) shall comply with the laws and regulations. \n \n
	\n Article 144 \n \n During the voyage, the captain may take action against any person unlawfully on board the ship. \n The captain shall take action if individuals and/or things aboard may jeopardize the safety of the ship and the Crew. \n The actions referred to in paragraph (1) shall be carried out in accordance with the provisions of legislation. \n \n
	\n Article 145 \n Everyone is prohibited from employing anyone on the ship in any capacity without certification and without having the required competencies, skills, and seafarer's documents. \n
	\n Article 146 \n Further provisions regarding certification, manning ships, and seafarers' documents shall be regulated by Ministerial Regulation. \n

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	\n Established in Jakarta \n on July 19, 2016 \n THE FINANCIAL AUDIT AGENCY \n REPUBLIC OF INDONESIA \n CHAIRMAN, \n signed \n HARRY AZHAR AZIS\n
\n Promulgated in Jakarta \n on July 20, 2016 \n MINISTER OF LAW AND HUMAN RIGHTS \n REPUBLIC OF INDONESIA, \n signed \n YASONNA H. LAOLY\n

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Considering:
Recalling:
Establishing:

	\n Article 155 \n \n Every ship before being operated must be measured by the government official authorized by the Minister. \n The measurement of the ship as referred to in paragraph (1) may be conducted according to 3 (three) methods, namely:\n \n domestic measurement for ships measuring less than 24 (twenty-four) meters in length; \n international measurement for ships measuring 24 (twenty-four) meters or more in length; and \n special measurement for ships that will pass through certain canals. \n \n \n Based on the measurement as referred to in paragraph (1), a Measurement Certificate is issued for ships with a gross tonnage of at least GT 7 (seven Gross Tonnage). \n The Measurement Certificate as referred to in paragraph (3) is issued by the Minister and may be delegated to designated officials. \n \n
	\n Article 156 \n \n On ships that have been measured and received a Measurement Certificate, a Registration Mark must be affixed. \n The Registration Mark must remain affixed to the ship in good condition and easily readable. \n \n
	\n Article 157 \n \n The owner, operator of the ship, or Captain must promptly report in writing to the Minister if there are alterations to the ship that cause changes to the data in the Measurement Certificate. \n If changes in data occur as described in paragraph (1), the ship must be remeasured immediately. \n \n
	\n Article 158 \n \n A ship that has been measured and has received a Measurement Certificate may be registered in Indonesia by the owner to the Registrar and Ship Name Change Recorder designated by the Minister. \n Ships that can be registered in Indonesia are:\n \n ships with a gross tonnage of at least GT 7 (seven Gross Tonnage); \n ships owned by Indonesian citizens or legal bodies established under Indonesian law and domiciled in Indonesia; and \n ships owned by Indonesian legal entities which are joint ventures with a majority of shares owned by Indonesian citizens. \n \n \n Registration of ships is conducted by creating a registration deed and recording it in the Indonesian ship registry. \n As proof that the ship has been registered, the owner will be given a gross registration deed which also serves as proof of ownership of the registered ship. \n A Registration Mark must be affixed to the ship that has been registered. \n \n
	\n Article 159 \n \n Ship registration is conducted at locations designated by the Minister. \n The ship owner may freely choose one of the ship registration places referred to in paragraph (1) to register their ship. \n \n
	\n Article 160 \n \n A ship is prohibited from being registered if at the same time the ship is still registered at another registration location. \n Foreign ships that will be registered in Indonesia must be equipped with a deletion certificate from the country of the ship's flag. \n \n
	\n Article 161 \n \n Lost, damaged, or destroyed gross registration deeds of the ship can be replaced with new gross deeds. \n Replacement gross deeds as referred to in paragraph (1) can only be given by the registrar and ship name change recorder at the place where the ship is registered, based on a decision of a district court. \n \n
	\n Article 162 \n \n The transfer of ownership rights to the ship must be carried out with a name change at the place where the ship was originally registered. \n The name change referred to in paragraph (1) is carried out by creating a name change deed and recorded in the main registry of the relevant ship. \n As proof that there has been a transfer of ownership rights to the ship to the new owner, a gross name change deed will be provided. \n \n
	\n Article 163 \n \n Ships registered in Indonesia and sailing in the sea are issued an Indonesian Ship Nationality Certificate by the Minister. \n The Indonesian Ship Nationality Certificate as referred to in paragraph (1) is issued in the form of:\n \n Sea Letters for ships sized GT 175 (one hundred seventy-five Gross Tonnage) or more; \n Large Pass for ships sized GT 7 (seven Gross Tonnage) up to less than GT 175 (one hundred seventy-five Gross Tonnage); or \n Small Pass for ships sized less than GT 7 (seven Gross Tonnage). \n \n \n Ships that only sail in river and lake waters are given passes for rivers and lakes. \n \n
	\n Article 164 \n \n State ships may be issued an Indonesian Ship Nationality Certificate. \n \n
	\n Article 165 \n \n Indonesian-flagged ships must hoist the Indonesian flag as a sign of the national flag of the ship. \n Non-Indonesian ships are prohibited from hoisting the Indonesian flag as a sign of nationality. \n \n
	\n Article 166 \n \n Every ship sailing in Indonesian waters must display its identity clearly. \n All foreign ships entering a harbor, while in the harbor, and departing from the harbor in Indonesia, must hoist the Indonesian flag in addition to their national flag. \n \n
	\n Article 167 \n \n Indonesian-flagged ships are prohibited from hoisting the flag of another nation as a national sign. \n \n
	\n Article 168 \n \n Further provisions regarding the measurement and issuance of measurement certificates, procedures, requirements, and documentation for ship registration, as well as procedures and requirements for issuing Ship Nationality Certificates are regulated by Ministerial Regulations. \n \n

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Considering:	\n a. that the owner and/or operator of the vessel is responsible for any damage to Navigation-Aid Facilities and obstacles at sea, rivers, and lakes caused by the operation of their vessels; \n b. that the responsibility of the owner and/or operator of the vessel includes the obligation to immediately repair or replace so that those facilities can function again as before; \n c. that the repair and replacement are to be completed within 60 (sixty) calendar days from the time the damage occurs; \n d. that vessels sailing in Indonesian waters are subject to utilization fees for Navigation-Aid Facilities, classified as Non-Tax State Revenue; \n e. that the utilization fees are not applicable to state vessels and certain ships. \n
Remembering:	\n Regulations regarding the utilization of Navigation-Aid Facilities and Maritime Telecommunications.\n
Establishing:	\n REGULATION ON NAVIGATION-AID FACILITIES AND MARITIME TELECOMMUNICATION.\n

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	\n CHAPTER I Vessel Responsibility \n Article 175 \n (1) The owner and/or operator of the vessel is responsible for any damage to Navigation-Aid Facilities and obstacles at sea, rivers, and lakes caused by the operation of their vessels. \n (2) The responsibility of the owner and/or operator of the vessel as referred to in paragraph (1) includes the obligation to promptly repair or replace so that the facilities can function again as before. \n (3) The repairs and replacements referred to in paragraph (2) shall be carried out within 60 (sixty) calendar days from the occurrence of the damage. \n
	\n Article 176 \n (1) Vessels sailing in Indonesian waters shall be subject to utilization fees for Navigation-Aid Facilities, classified as Non-Tax State Revenue. \n (2) Utilization fees shall not be imposed on state vessels and certain ships. \n
	\n Article 177 \n Further provisions regarding the implementation of Navigation-Aid Facilities shall be regulated by Government Regulation. \n
	\n Part Two Maritime Telecommunications \n
	\n Article 178 \n (1) The Government is obliged to ensure the safety and security of navigation by organizing Maritime Telecommunications in accordance with developments in information and technology. \n (2) The implementation of the Maritime Telecommunications system referred to in paragraph (1) must meet the requirements and standards in accordance with statutory provisions. \n (3) The procurement of Maritime Telecommunications as part of the implementation referred to in paragraph (2) may be carried out by business entities. \n (4) Maritime Telecommunications organized by business entities as referred to in paragraph (3) shall be supervised by the Government. \n (5) Business entities as referred to in paragraph (3) must: \n \n maintain and care for Maritime Telecommunications; \n ensure the reliability of Maritime Telecommunications with established standards; and \n report to the Minister regarding the operation of Maritime Telecommunications. \n \n
	\n Article 179 \n The operation of Maritime Telecommunications shall be carried out by personnel meeting health, education, and skill requirements evidenced by a certificate. \n
	\n Article 180 \n Every person is forbidden to damage or perform any act that causes the failure of Maritime Telecommunications and navigational route facilities at sea, rivers, and lakes. \n
	\n Article 181 \n (1) The owner and/or operator of the vessel is responsible for any damage to Maritime Telecommunications and obstacles at sea, rivers, and lakes caused by the operation of their vessels. \n (2) The responsibility of the owner and/or operator of the vessel as referred to in paragraph (1) includes the obligation to promptly repair or replace so that the facilities can function again as before. \n (3) The repairs and replacements referred to in paragraph (2) shall be carried out within 60 (sixty) calendar days from the occurrence of the damage. \n
	\n Article 182 \n (1) Vessels sailing in Indonesian waters shall be subject to utilization fees for Maritime Telecommunications, classified as Non-Tax State Revenue. \n (2) Utilization fees shall be imposed on all vessels. \n
	\n Article 183 \n (1) The Government is obliged to provide emergency communication services, urgent communications, safety, and standard time signals. \n (2) Further provisions regarding emergency communications, urgent communications, and safety, as well as standard time signals referred to in paragraph (1) shall be regulated by Government Regulation. \n
	\n Article 184 \n Further provisions concerning the implementation of Maritime Telecommunications shall be regulated by Government Regulation. \n
	\n Part Three Hydrography and Meteorology \n
	\n Article 185 \n The Government shall conduct surveys and hydrographic mapping to update the data in navigational guides, sea charts, and river and lake navigational route maps. \n
	\n Article 186 \n (1) The Government is obliged to provide meteorological services which include but are not limited to: \n \n providing information about weather conditions and the sea and its forecasts; \n calibration and certification of weather observation equipment on board the vessels; and \n technical guidance on weather observations at sea to certain Crew Members to support meteorological data input. \n \n (2) Further provisions regarding meteorological services as referred to in paragraph (1) shall be regulated by government regulations. \n
	\n Part Four Routes and Crossings \n
	\n Article 187 \n (1) Routes and crossings consist of: \n \n sea navigation channels; and \n river and lake navigation channels. \n \n (2) Navigation channels referred to in paragraph (1) shall be listed on nautical charts and navigational guides and announced by the relevant authorities. \n (3) Criteria for channel classifications shall be established for river and lake navigation channels. \n (4) The establishment of criteria for channel classifications for river and lake navigation channels shall be conducted with consideration of technical advice and recommendations from the relevant Minister. \n
	\n Article 188 \n (1) The administration of navigation channels shall be carried out by the Government. \n (2) Business entities may be involved in part of the administration of navigation channels. \n (3) For the administration of navigation channels referred to in paragraph (1), the Government is obliged to: \n \n determine navigation channels; \n establish a routing system; \n set traffic procedures; and \n determine the anchorage area based on its importance. \n \n
	\n Article 189 \n (1) To build and maintain navigation channels and other interests, dredging works must meet technical requirements. \n (2) The technical requirements referred to in paragraph (1) shall include: \n \n navigation safety; \n environmental sustainability; \n water area planning; and \n water management for works on rivers and lakes. \n \n
	\n Article 190 \n (1) For the safety and smooth operation of navigation in certain waters, the Government shall establish a routing system which includes: \n \n traffic separation schemes at sea; \n two-way routes; \n recommended fairways; \n deep water routes; \n areas to be avoided; \n inland traffic areas; and \n caution areas. \n \n (2) The establishment of the routing system as referred to in paragraph (1) shall be based on: \n \n the condition of navigation channels; and \n considerations regarding traffic density. \n \n (3) The routing system as referred to in paragraph (1) must be included in nautical charts and navigational guides and announced by the relevant authorities. \n
	\n Article 191 \n The traffic procedures in the waters shall be regulated based on statutory provisions. \n
	\n Article 192 \n Each navigation channel must be equipped with Navigation-Aid Facilities and Maritime Telecommunications. \n
	\n Article 193 \n (1) While sailing, the Captain is obligated to comply with provisions regarding: \n \n traffic procedures; \n navigation channels; \n routing systems; \n areas of navigational traffic; \n Navigation-Aid Facilities. \n \n (2) The captain sailing in Indonesian waters in certain areas is obliged to report all information through the nearest Coast Radio Station (SROP). \n
	\n Article 194 \n (1) The Government establishes the Archipelagic Sea Lanes and the procedures for their use for continuous, direct, and speedy passage for foreign vessels passing through Indonesian waters. \n (2) The establishment of the Archipelagic Sea Lanes as referred to in paragraph (1) shall consider: \n \n national resilience; \n sailing safety; \n exploration and exploitation of natural resources; \n submarine cable and pipeline networks; \n conservation of natural resources and the environment; \n routes commonly used for international navigation; \n marine spatial planning; and \n recommendations from the relevant international organizations. \n \n (3) All foreign vessels using the Archipelagic Sea Lanes for their navigation may not deviate except in emergencies. \n (4) The Government monitors the traffic of foreign vessels crossing the Archipelagic Sea Lanes. \n (5) The Government designates the location of Navigation-Aid Facilities and Maritime Telecommunications to monitor the traffic of foreign vessels passing through the Archipelagic Sea Lanes. \n
	\n Article 195 \n For the safety of navigation in Indonesian waters: \n \n The Government must establish and announce security zones and safety zones in each activity location that may disturb sailing safety; \n every construction, relocation, and/or demolition of buildings or installations must meet safety requirements and obtain permits from the Government; \n every building or installation referred to in letter b, which is no longer in use must be demolished by the owner of the building or installation; \n the demolition referred to in letter c shall be carried out with applicable provisions and reported to the Government for announcement; \n the owner or operator intending to establish buildings or installations as referred to in letter b must provide guarantees. \n \n
	\n Article 196 \n Further provisions regarding the procedures and requirements for the designation of routes and crossings shall be regulated by Government Regulation. \n

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	\n Established in Jakarta \n on July 19, 2016 \n THE AUDIT BOARD OF THE REPUBLIC OF INDONESIA \n CHAIRMAN, \n signature \n HARRY AZHAR AZIS\n
\n Promulgated in Jakarta \n on July 20, 2016 \n THE MINISTER OF LAW AND HUMAN RIGHTS \n REPUBLIC OF INDONESIA, \n signature \n YASONNA H. LAOLY\n

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Considering:	\n a. that for the interests of safety and security of navigation, as well as the smooth traffic in the waters and ports, the Government stipulates certain waters as pilot mandatory waters and extraordinary pilot waters; \n b. that every ship sailing in pilot mandatory waters and extraordinary pilot waters must use pilot services; \n c. that the organization of pilotage is performed by the Port Authority or the Port Organizer Unit and can be delegated to Port Business Entities that meet the requirements.\n
Remembering:	\n The Law on safety and security of navigation.\n
Establishing:	\n REGULATION ON PILOTAGE AND SAFETY IN WATERS.\n

	\n Article 198 \n (1) For the purposes of safety and security of navigation, as well as smooth traffic in the waters and ports, the Government stipulates certain waters as mandatory pilot waters and extraordinary pilot waters. \n (2) Every ship sailing in mandatory pilot waters and extraordinary pilot waters shall use pilotage services. \n (3) The organization of piloting is carried out by the Port Authority or Port Organizer Unit and may be delegated to Port Business Entities that meet the requirements. \n (4) The piloting organization as referred to in paragraph (3) is subject to charges. \n (5) In the event that the Government has not provided pilot services in mandatory pilot waters and extraordinary pilot waters, the management and operation of piloting may be delegated to the special terminal operator that meets the requirements and obtains a license from the Government. \n (6) The pilotage fees as referred to in paragraph (4) are exempted for: \n a. warships; and \n b. state ships used for government tasks. \n
	\n Article 199 \n (1) Pilots must meet health, skills, as well as education and training requirements evidenced by certificates. \n (2) The pilot as referred to in paragraph (1) must perform their duties based on the standards of safety and security of navigation. \n (3) The piloting of ships does not diminish the authority and responsibility of the Captain. \n
	\n Article 200 \n The special terminal operator or the Port Business Entity managing and operating the pilotage is required to pay a percentage of the revenue derived from pilotage services to the Government as Non-Tax State Revenue. \n
	\n Article 201 \n Further provisions regarding the determination of pilot waters, requirements and qualifications of pilot officers, as well as the organization of the pilotage are regulated by Ministerial Regulation. \n
	\n Section Seven Ship Frame \n Article 202 \n (1) Ship owners and/or Captains are required to report their ship frames in Indonesian waters to the relevant authorities. \n (2) The ship frame as referred to in paragraph (1) that is positioned to obstruct navigation safety, must be equipped with Navigation-Aid Facilities as a marker and announced by the relevant authority. \n
	\n Article 203 \n (1) Ship owners are required to remove ship frames and/or cargo obstructing safety and security of navigation no later than 180 (one hundred eighty) calendar days from the time the ship sank. \n (2) The Government is required to lift, remove, or destroy all or part of the ship frame and/or cargo at the owner's expense if within the time limit set by the Government, the owner does not fulfill their responsibilities and obligations as referred to in paragraph (1). \n (3) Ship owners who neglect to carry out their duties within the deadline set by the Government as referred to in paragraph (1) leading to navigation accidents, are required to compensate the victims of the accident. \n (4) The Government is required to lift and take control of ship frames and/or cargo whose owners are unknown within the specified time limit. \n (5) To guarantee the obligations as referred to in paragraphs (1) and (2), ship owners are required to insure their ships. \n (6) Further provisions regarding the procedures and requirements for lifting ship frames and/or cargo are regulated by Ministerial Regulation. \n
	\n Section Eight Salvage and Underwater Work \n Article 204 \n (1) Salvage activities are conducted on ship frames and/or cargo that have experienced accidents or sunk. \n (2) Each salvage operation and underwater work must obtain permission and meet technical safety and security requirements from the Minister. \n
	\n Article 205 \n Further provisions regarding the procedures and requirements for salvage and underwater works are regulated by Ministerial Regulation. \n
	\n Section Nine Administrative Sanctions \n Article 206 \n (1) Any person violating the provisions as referred to in Article 172 paragraph (6), Article 178 paragraph (5), Article 193 paragraph (2), Article 198 paragraph (2), or Article 200 is subject to administrative sanctions, in the form of: \n a. warning; \n b. suspension of permits or certificates; or \n c. revoke of permits or certificates. \n (2) Further provisions regarding the procedures and procedures for the imposition of administrative sanctions as referred to in paragraph (1) are regulated by Government Regulation. \n
	\n Chapter XI PILOT \n Section One Functions, Duties, and Authorities of the Pilot \n Article 207 \n (1) The Pilot carries out safety and security functions covering the implementation, supervision, and enforcement of law in the field of transport in the waters, port activities, and marine environmental protection in the port. \n (2) In addition to carrying out the functions as referred to in paragraph (1), the Pilot assists in search and rescue (Search and Rescue/SAR) operations at the port in accordance with existing laws and regulations. \n (3) The Pilots are appointed by the Minister after fulfilling competence requirements in the field of safety and security of navigation as well as piloting competencies. \n
	\n Article 208 \n (1) In carrying out safety and security functions as referred to in Article 207 paragraph (1), the Pilot has the duties to: \n a. supervise ship seaworthiness, safety, security, and order in the port; \n b. supervise orderly traffic of ships in port waters and on fairways; \n c. supervise loading and unloading activities in port waters; \n d. supervise salvage activities and underwater work; \n e. supervise vessel delay activities; \n f. supervise pilotage; \n g. supervise the unloading of hazardous goods and hazardous waste; \n h. supervise refueling activities; \n i. supervise embarkation and disembarkation of passengers; \n j. supervise dredging and reclamation; \n k. supervise the development of port facilities; \n l. carry out search and rescue assistance; \n m. lead pollution response and fire fighting efforts in the port; and \n n. supervise the implementation of marine environmental protection. \n (2) In enforcing laws in safety and security as referred to in Article 207 paragraph (1), the Pilot performs duties as a Civil Servant Investigator in accordance with law regulations. \n
	\n Article 209 \n In carrying out the functions and duties as referred to in Articles 207 and 208, the Pilot has the authority to: \n a. coordinate all government activities in the port; \n b. inspect and keep ships’ letters, documents, and notices; \n c. issue approvals for ships’ activities in the port; \n d. conduct inspections of ships; \n e. issue Sailing Approval Letters; \n f. conduct inspections of ship accidents; \n g. detain ships on court orders; and \n h. carry out the Ship Crew Certificate.\n
	\n Article 210 \n (1) To perform the safety and security of navigation functions as referred to in Article 207 paragraph (1), a Pilot Agency is formed. \n (2) Further provisions regarding the establishment of the Pilot Agency as referred to in paragraph (1) are regulated by Government Regulation. \n
	\n Section Two Coordination of Government Activities in Ports \n Article 211 \n (1) The Pilot has the highest authority to coordinate customs, immigration, quarantine, and activities of other government institutions. \n (2) The coordination carried out by the Pilot as referred to in paragraph (1) is in order to supervise and enforce laws in the field of safety and security of navigation. \n
	\n Article 212 \n (1) In enforcing security and order in the port in accordance with international convention provisions, the Pilot acts as the Port Security Committee. \n (2) In carrying out functions as referred to in paragraph (1), the Pilot may request assistance from the Indonesian National Police and/or the Indonesian National Armed Forces. \n (3) Security and order assistance in the port as referred to in paragraph (1) is coordinated under the authority of the Pilot. \n (4) Further provisions regarding the procedures for implementing security and order and requesting assistance in ports as referred to in paragraphs (1) and (2) are regulated by Government Regulation. \n
	\n Section Three Inspection and Storage of Letters, Documents, and Notices \n Article 213 \n (1) The owner, Ship Operator, or Captain must notify the arrival of their ship at the port to the Pilot. \n (2) Each ship entering the port must submit letters, documents, and notices to the Pilot immediately upon arriving at the port for inspection. \n (3) After the inspection referred to in paragraph (2), the letters, documents, and notices are kept by the Pilot to be returned together with the issuance of the Sailing Approval Letter. \n (4) Further provisions regarding the procedures for notifying the arrival of ships, inspections, submission, and storage of letters, documents, and notices as referred to in paragraphs (1), (2), and (3) are regulated by Ministerial Regulation. \n
	\n Article 214 \n The Captain must fill, sign, and submit the ship notice to the Pilot based on the format specified by the Minister. \n
	\n Article 215 \n Every ship entering the port, while in the port, and at the time of leaving the port must comply with the regulations and implement the instructions and orders of the Pilot to ensure smooth sailing and various activities in the port. \n

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	\n Established in Jakarta \n on the 19th of July 2023 \n MINISTER OF TRANSPORTATION \n REPUBLIC OF INDONESIA \n CHAIRMAN, \n ttd \n AHMAD JAAH\n
\n Promulgated in Jakarta \n on the 20th of July 2023 \n MINISTER OF LAW AND HUMAN RIGHTS \n REPUBLIC OF INDONESIA, \n ttd \n YASONNA H. LAOLY\n

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Considering:	\n a. that based on the provisions of Article 29 paragraph (1) of Law Number 15 of 2006 concerning the Audit Board of Indonesia... \n b. that the Regulation of the Audit Board of Indonesia Number 2 of 2011... \n c. that based on the considerations as referred to...\n
Recalling:	\n Law Number 15 of 2006 concerning the Audit Board of Indonesia.\n
Deciding:	\n REGULATION OF THE AUDIT BOARD OF THE REPUBLIC OF INDONESIA ON THE CODE OF ETHICS OF THE AUDIT BOARD.\n

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	\n Chapter Six Sailing Approval Letter \n Article 219 \n \n Every ship sailing must have a Sailing Approval Letter issued by the Port Authority. \n The Sailing Approval Letter shall be void if the ship does not depart from the port within 24 (twenty-four) hours after the sailing approval is granted. \n The Sailing Approval Letter as referred to in paragraph (1) shall not be granted to or shall be revoked from ships if the provisions as referred to in Articles 44, 117 paragraph (2), 125 paragraph (2), 130 paragraph (1), 134 paragraph (1), 135, 149 paragraph (2), 169 paragraph (1), 213 paragraph (2), or 215 are violated. \n The Port Authority may delay the departure of the ship for sailing due to not meeting the seaworthiness requirements or weather considerations. \n Further provisions regarding the procedure for issuing the Sailing Approval Letter as referred to in paragraph (1) shall be regulated by Ministerial Regulation. \n \n
	\n Chapter Seven Preliminary Accident Inspection \n Article 220 \n \n The Port Authority conducts an inspection of every ship accident to seek information and/or initial evidence of the occurrence of the ship accident. \n The inspection of the ship accident as referred to in paragraph (1) is a preliminary inspection. \n \n Article 221 \n \n The preliminary inspection of accidents involving Indonesian-flagged ships in Indonesian waters is conducted by the Port Authority or designated government officials. \n The preliminary inspection of accidents involving Indonesian-flagged ships outside Indonesian waters shall be conducted by the Port Authority or designated government officials after receiving a report of the ship accident from the Representative of the Government of the Republic of Indonesia and/or from authorized local government officials. \n The results of the preliminary inspection of the ship accident as referred to in Article 220 may be forwarded to the Maritime Court for further inspection. \n \n
	\n Chapter Eight Ship Detention \n Article 222 \n \n The Port Authority may only detain a ship in the harbor upon written order of the court. \n The detention of a ship based on the written order of the court as referred to in paragraph (1) may be conducted based on the following reasons:\n \n the relevant ship is related to a criminal case; or \n the relevant ship is related to a civil case. \n \n \n \n Article 223 \n \n Order for ship detention by the court in a civil case in the form of a shipping claim shall be made without going through the litigation process. \n Further provisions regarding the procedure for ship detention in the harbor as referred to in paragraph (1) are regulated by Ministerial Regulation. \n \n
	\n Chapter Nine Crew Certificates \n Article 224 \n \n Every person working on a ship in any position must possess competency, seafarer documents, and be certified by the Port Authority. \n The Crew Certificates as referred to in paragraph (1) are conducted through the following stages:\n \n signing a maritime employment agreement carried out by seafarers and shipping companies, acknowledged by the Port Authority; \n based on the signing of the maritime employment agreement, the Captain includes the name and position of the Crew according to their competencies in the certificate book validated by the Port Authority. \n \n \n \n
	\n Chapter Ten Administrative Sanctions \n Article 225 \n \n Every person who violates the provisions as referred to in Article 213 paragraph (1) or paragraph (2), Article 214, or Article 215 shall be subject to administrative sanctions, in the form of:\n \n warning; \n suspension of license or suspension of certificate; \n revocation of license. \n \n \n Further provisions regarding the procedure and procedure for the imposition of administrative sanctions as referred to in paragraph (1) shall be regulated by Government Regulation. \n \n

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	\n Established in Jakarta \n on July 19, 2016 \n THE AUDIT BOARD OF THE REPUBLIC OF INDONESIA \n CHAIRMAN, \n sig \n HARRY AZHAR AZIS\n
\n Promulgated in Jakarta \n on July 20, 2016 \n THE MINISTER OF LAW AND HUMAN RIGHTS \n THE REPUBLIC OF INDONESIA, \n sig \n YASONNA H. LAOLY\n

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Considering:	\n a. that based on the provisions of Article 29 paragraph (1) of Law No. 15 of 2006 concerning the Financial Audit Agency... \n b. that the Regulation of the Financial Audit Agency No. 2 of 2011... \n c. that based on the considerations as referred to...\n
Recalling:	\n Law No. 15 of 2006 concerning the Financial Audit Agency.\n
Establishing:	\n REGULATION OF THE FINANCIAL AUDIT AGENCY OF THE REPUBLIC OF INDONESIA CONCERNING THE CODE OF ETHICS OF THE FINANCIAL AUDIT AGENCY.\n

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CHAPTER XIII
SHIPPING ACCIDENTS AND SEARCH AND RESCUE

Part One
Hazards to Ships

Article 243

Any person who violates the provisions as referred to in Article 230 paragraph (2), Article 233 paragraph (3), Article 234, Article 235, or Article 239 paragraph (2) shall be subject to administrative sanctions in the form of:
1. warning;
2. administrative fine;
3. license suspension; or
4. revocation of license.
Further provisions regarding the procedures and technicalities for imposing administrative sanctions referred to in paragraph (1) shall be regulated through Government Regulation.

Part Two
Shipping Accidents

Article 244

Hazards to ships and/or people are events that can threaten the safety of the ship and/or human life.
Every person who is aware of the events referred to in paragraph (1) is obliged to immediately take preventive measures, search and rescue efforts, and report the event to the nearest authorized officer or other parties.
The captain is obliged to take preventive action and disseminate information to other parties if he is aware of danger on his ship, on another ship, or if there are people in danger.
The captain must report the dangers referred to in paragraph (3) to:
1. The port harbor master nearest if the danger occurs in the waters of Indonesia; or
2. The nearest representative of the Republic of Indonesia and the competent local government official if the danger occurs outside the waters of Indonesia.

Article 245

A shipping accident is an event experienced by a ship that can threaten the safety of the ship and/or human life in the form of:
1. ships sinking;
2. ships on fire;
3. ships colliding; and
4. ships running aground.

Article 246

In the event of a shipping accident as referred to in Article 245, any person aboard the ship who is aware of the accident within his/her capabilities must provide assistance and report the accident to the Captain and/or the crew.

Article 247

The captain who is aware of the accident of his ship or another ship shall take countermeasures, request and/or provide assistance, and disseminate news about the accident to other parties.

Article 248

The captain who is aware of the accident of his ship or another ship must report to:
1. The port harbor master nearest if the shipping accident occurs within the waters of Indonesia; or
2. The nearest representative of the Republic of Indonesia and the competent local government official if the shipping accident occurs outside the waters of Indonesia.
\n

Article 249

A shipping accident as referred to in Article 245 is the responsibility of the captain unless proven otherwise.

Part Three
Maritime Court

Article 250

The Maritime Court is established by and is responsible to the Minister.
The Maritime Court has an organizational structure and work procedures determined by Ministerial Regulation.

Article 251

The Maritime Court as referred to in Article 250 has the function of conducting follow-up examinations of shipping accidents and enforcing the code of ethics and competencies of the captain and/or ship officers after preliminary examinations conducted by the harbor master.

Article 252

The Maritime Court has the authority to examine collisions that occur between commercial vessels, commercial vessels and state vessels, and commercial vessels and warships.

Article 253

In conducting follow-up examinations of shipping accidents as referred to in Article 251, the Maritime Court is tasked with:
1. investigating the causes of the shipping accident and determining whether or not there is error or negligence in the application of maritime professional standards conducted by the captain and/or ship officers in connection with the occurrence of the shipping accident; and
2. recommending to the Minister regarding the imposition of administrative sanctions for errors or negligence committed by the captain and/or ship officers.
Administrative sanctions as referred to in paragraph (1) letter b include:
1. warning; or
2. temporary revocation of the Maritime Skill Certificate.

Article 254

In follow-up examinations, the Maritime Court may present government officials in the field of shipping safety and security and other related parties.
In follow-up examinations, the owner or operator of the ship is required to present the captain and/or crew.
Owners or operators of ships who violate the provisions as referred to in paragraph (2) shall be subject to sanctions including:
1. warning;
2. license suspension; or
3. revocation of license.

Article 255

Further provisions regarding the functions, authorities, and duties of the Maritime Court as well as procedures and technicalities for imposing administrative sanctions shall be regulated by Government Regulation.

Part Four
Investigation of Shipping Accidents

Article 256

The investigation of shipping accidents is carried out by the National Transportation Safety Committee to seek facts to prevent similar shipping accidents.
The investigation as referred to in paragraph (1) is conducted on every shipping accident.
The investigation conducted by the National Transportation Safety Committee as referred to in paragraph (1) is not meant to determine error or negligence in the occurrence of the shipping accident.

Article 257

Further provisions regarding the duties of the National Transportation Safety Committee and the procedures for examining and investigating shipping accidents are regulated by Government Regulation.

Part Five
Search and Rescue

Article 258

The government is responsible for conducting search and rescue operations for shipping accidents and/or people who suffered disasters in the waters of Indonesia.
Ships or aircraft that are near or passing the accident location are required to assist in search and rescue efforts for any ship and/or person who is affected in the waters of Indonesia.
Every person who owns or operates a ship that suffers from a shipping accident is responsible for conducting search and rescue for their ship's accident.

Article 259

The responsibility for search and rescue operations by the Government as referred to in Article 258 paragraph (1) is coordinated and carried out by the institution responsible for search and rescue.

Article 260

Further provisions regarding search and rescue are regulated by Government Regulation.

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	\n Established in Jakarta \n on the 19th of July 2016 \n FINANCIAL AUDIT AGENCY OF THE REPUBLIC OF INDONESIA \n CHAIRMAN, \n signature \n HARRY AZHAR AZIS\n
\n Promulgated in Jakarta \n on the 20th of July 2016 \n MINISTER OF LAW AND HUMAN RIGHTS \n OF THE REPUBLIC OF INDONESIA, \n signature \n YASONNA H. LAOLY\n

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Considering:	\n a. that Transport companies in waterways are required to provide sailing practice facilities on ships to enhance the quality of human resources in the field of water transport. \n b. that Transport companies in waterways, Port Businesses, and related agencies are required to provide practice facilities at ports or at their operational locations to enhance the quality of human resources in the shipping sector. \n c. that Transport companies in waterways, organizations, and businesses benefiting from seafarers' professional services are required to contribute to ensuring the availability of reliable seafarers. \n d. that the contribution referred to is in the form of providing educational scholarships, building educational institutions in accordance with international standards, collaborating with existing educational institutions, and providing simulators, textbooks, and up-to-date maritime publications.\n
Recalling:	\n Law No. 15 of 2006 on Transport Companies in Waterways.\n
Establishing:	\n REGULATION ON TRANSPORT COMPANIES IN WATERWAYS.\n

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CHAPTER XV
SHIPPING INFORMATION SYSTEM

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Article 269

(1) The shipping information system includes the collection, processing, analysis, storage, presentation, and dissemination of shipping data and information to:\n

support the operational activities of shipping;
improve services to the community or the public;
and support the formulation of policies in the field of shipping.

\n(2) The shipping information system as referred to in paragraph (1) is organized by the Government and local governments.\n(3) Local governments organize the shipping information system according to their authority based on guidelines and standards established by the Government.

\n\n

Article 270

The shipping information system referred to in Article 269 covers:\n

the shipping transportation information system which at least includes:\n
1. business and activities in water transport;
2. national fleet and vessel capacity;
3. cargo and share of national vessel cargo;
4. business and services related to water transport;
5. transport routes in water.
\n
the port information system which at least includes:\n
1. depth of navigational channels and port basins;
2. capacity and condition of port facilities;
3. container, goods, and passenger flows in ports;
4. traffic of vessels in ports;
5. port performance;
6. terminal operators in ports;
7. port service tariffs;
8. Port Master Plan and/or port development plans.
\n
the safety and security information system in shipping which at least includes:\n
1. wind, currents, wave, and tide conditions;
2. capacity of Aids to Navigation-Shipping, Maritime Telecommunications, as well as channels and crossings;
3. government vessels in safety and security in shipping;
4. human resources in the field of seafaring;
5. list of Indonesian-flagged vessels;
6. vessel framework in Indonesian waters;
7. ship accidents;
8. and vessel traffic in waters.
\n
the maritime environmental protection information system which at least includes:\n
1. existence of underwater structures (undersea cables and pipelines);
2. waste disposal locations;
3. and ship scrapping locations.
\n
the human resources and public participation information system in shipping which at least includes:\n
1. the number and competence of human resources in the field of shipping;
2. and policies issued by the Government in the field of shipping.
\n

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Article 271

The implementation of the shipping information system is carried out by building and developing an effective, efficient, and integrated information network involving related parties by utilizing advances in information and communication technology.

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Article 272

(1) Every person engaging in activities in the shipping sector is required to submit data and information about their activities to the Government and/or local governments.
\n(2) The Government and/or local governments update shipping data and information periodically to produce data and information that is accurate, current, and accountable according to needs.
\n(3) Shipping data and information are documented and published and can be accessed and used by the public who need it by utilizing information and communication technology.
\n(4) Management of the shipping information system by the Government and local governments can be conducted through cooperation with other parties.
\n(5) Further provisions on the procedure for submission and management of the shipping information system are regulated by Ministerial Regulations.

\n\n

Article 273

(1) Any person violating the provisions referred to in Article 272 paragraph (1) may be subject to administrative sanctions, in the form of:\n

warnings;
suspension of permits;
or revocation of permits.

\n(2) Further provisions regarding the procedures and procedures for imposing administrative sanctions and the amount of administrative fines as referred to in paragraph (1) are regulated by Government Regulations.

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	\n Established in Jakarta \n on July 19, 2016 \n MINISTER OF SHIPPING AND MARITIME AFFAIRS \n THE REPUBLIC OF INDONESIA \n CHAIR, \n signed \n HARRY AZHAR AZIS\n
\n Promulgated in Jakarta \n on July 20, 2016 \n MINISTER OF LAW AND HUMAN RIGHTS \n THE REPUBLIC OF INDONESIA, \n signed \n YASONNA H. LAOLY\n

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Considering:	\n a. that in order to carry out its duties, the Coast Guard is supported by infrastructure in the form of a coast guard fleet base located throughout Indonesia, and may use vessels and aircraft that are designated as state vessels or state aircraft. \n b. that the Coast Guard must have qualifications and competencies in accordance with the provisions of laws and regulations. \n c. that the enforcement of law and order at sea by the Coast Guard as referred to in paragraph (1) must use and show clear identification. \n d. that further provisions regarding the identification of the Coast Guard are regulated by Government Regulation.\n
Recalling:	\n Article 280, Officers enforcing rules in shipping who do not use and display clear identification as referred to in Article 279 paragraph (3) are subject to administrative sanctions according to the provisions of laws and regulations in the field of staffing.\n
Determining:	\n ARTICLE 281, Further provisions regarding the establishment, organization, and working procedures of the Coast Guard as referred to in Article 276 are regulated by Government Regulation.\n

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CHAPTER XVIII
INVESTIGATION

Article 282

\n\n

(1) In addition to investigators of the State Police of the Republic of Indonesia and other investigators, certain civil servants in the agency whose scope of duties and responsibilities in shipping are given special authority as investigators as referred to in this Law.
(2) In performing their duties, civil servants as referred to in paragraph (1) are under the coordination and supervision of investigators from the State Police of the Republic of Indonesia.

Article 283

\n\n

(1) Investigators as referred to in Article 282 are authorized to conduct investigations of criminal acts in shipping.
(2) Civil servant investigators as referred to in paragraph (1) are authorized:\n
1. to examine, seek, and gather information related to criminal acts in shipping;
2. to receive reports or information from someone about the existence of a criminal act in shipping;
3. to summon a person to be heard and examined as a suspect or witness;
4. to make arrests and detentions of persons suspected of committing crimes in shipping;
5. to request information and evidence from persons suspected of committing crimes in shipping;
6. to photograph and/or record via audiovisual media of persons, goods, vessels or anything that can serve as evidence of a crime in shipping;
7. to inspect records and bookkeeping required by this Law and other books related to shipping offenses;
8. to take fingerprints;
9. to search vessels, places and examine items contained therein if suspected of criminal acts in shipping;
10. to seize items that are strongly suspected to be used to commit a crime in shipping;
11. to provide security signs and secure anything that can be used as evidence related to criminal acts in shipping;
12. to summon expert witnesses needed in relation to examining shipping crime cases;
13. to order a person suspected of committing a crime in shipping to stop and check the suspect's identification;
14. to terminate the investigation; and
15. to take other actions according to the responsible law.
\n
(3) Civil servant investigators as referred to in paragraph (1) submit the investigation results to the public prosecutor through investigators of the State Police of the Republic of Indonesia.

CHAPTER XIX
PENAL PROVISIONS

Article 284

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Everyone who operates a foreign vessel to transport passengers and/or goods between islands or ports in Indonesian waters as referred to in Article 8 paragraph (2) shall be punished with a prison sentence of up to 5 (five) years and a fine of up to Rp600,000,000.00 (six hundred million rupiah).

Article 285

\n\n

Everyone who serves special sea transport activities transporting goods belonging to others and/or transporting cargo or goods owned by others and/or transporting general cargo or goods without permission as referred to in Article 13 paragraph (4) shall be punished with a prison sentence of up to 1 (one) year or a fine of up to Rp200,000,000.00 (two hundred million rupiah).

Article 286

\n\n

(1) The captain of river and lake transport who sails their ship to sea without permission from the Syahbandar as referred to in Article 18 paragraph (6) shall be punished with a prison sentence of up to 3 (three) years or a fine of up to Rp400,000,000.00 (four hundred million rupiah).
(2) If the act referred to in paragraph (1) causes material loss, they shall be punished with a prison sentence of up to 4 (four) years and a fine of up to Rp500,000,000.00 (five hundred million rupiah).
(3) If the act referred to in paragraph (1) causes the death of a person, the captain shall be punished with a prison sentence of up to 10 (ten) years and a fine of up to Rp1,500,000,000.00 (one billion five hundred million rupiah).

Article 287

\n\n

Everyone who operates a vessel in the waters without a business permit as referred to in Article 27 shall be punished with a prison sentence of up to 1 (one) year or a fine of up to Rp200,000,000.00 (two hundred million rupiah).

Article 288

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Everyone who operates a vessel for river and lake transport without a route permit as referred to in Article 28 paragraph (4) shall be punished with a prison sentence of up to 1 (one) year or a fine of up to Rp200,000,000.00 (two hundred million rupiah).

Article 289

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Everyone who operates a vessel in ferry transport without having the vessel operation approval as referred to in Article 28 paragraph (6) shall be punished with a prison sentence of up to 1 (one) year or a fine of up to Rp200,000,000.00 (two hundred million rupiah).

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	\n Established in Jakarta \n on July 19, 2016 \n THE FINANCIAL AUDIT AGENCY \n REPUBLIC OF INDONESIA \n CHAIRMAN, \n ttd \n HARRY AZHAR AZIS\n
\n Announced in Jakarta \n on July 20, 2016 \n MINISTER OF LAW AND HUMAN RIGHTS \n REPUBLIC OF INDONESIA, \n ttd \n YASONNA H. LAOLY\n

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Considering:

\n a. that anyone operating a special terminal for trade from and to abroad without fulfilling requirements and without a designation as referred to in Article 111 paragraph (4) or (5) shall be punished with a maximum imprisonment of 2 (two) years or a fine of up to Rp300,000,000.00 (three hundred million rupiah).
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	\n ARTICLE 302 \n \n The captain who sails his ship while knowing that the ship is not seaworthy as referred to in Article 117 paragraph (2) shall be punished with a maximum imprisonment of 3 (three) years or a fine of up to Rp400,000,000.00 (four hundred million rupiah). \n If the act referred to in paragraph (1) results in property damage, it shall be punished with a maximum imprisonment of 4 (four) years and a fine of up to Rp500,000,000.00 (five hundred million rupiah). \n If the act referred to in paragraph (1) results in the death of a person and property damage, it shall be punished with a maximum imprisonment of 10 (ten) years and a fine of up to Rp1,500,000,000.00 (one billion five hundred million rupiah). \n \n
	\n ARTICLE 303 \n \n Anyone operating a ship and harbor without fulfilling the requirements of safety and security of navigation and marine environmental protection as referred to in Article 122 shall be punished with a maximum imprisonment of 2 (two) years and a fine of up to Rp300,000,000.00 (three hundred million rupiah). \n If the act referred to in paragraph (1) results in property damage, it shall be punished with a maximum imprisonment of 4 (four) years and a fine of up to Rp500,000,000.00 (five hundred million rupiah). \n If the act referred to in paragraph (1) causes the death of a person, it shall be punished with a maximum imprisonment of 10 (ten) years and a fine of up to Rp1,500,000,000.00 (one billion five hundred million rupiah). \n \n
	\n ARTICLE 304 \n Anyone who does not assist in the examination and testing as referred to in Article 128 paragraph (2) shall be punished with a maximum imprisonment of 6 (six) months or a fine of up to Rp100,000,000.00 (one hundred million rupiah). \n
	\n ARTICLE 305 \n Anyone who does not maintain his ship so that it does not meet the safety requirements of the ship as referred to in Article 130 paragraph (1) shall be punished with a maximum imprisonment of 6 (six) months or a fine of up to Rp100,000,000.00 (one hundred million rupiah). \n
	\n ARTICLE 306 \n Anyone operating a ship that does not meet the requirements for navigation equipment and/or electronic navigation of the ship as referred to in Article 131 paragraph (1) shall be punished with a maximum imprisonment of 2 (two) years and a fine of up to Rp300,000,000.00 (three hundred million rupiah). \n
	\n ARTICLE 307 \n Anyone operating a ship without the necessary radio communication devices and their components as referred to in Article 131 paragraph (2) shall be punished with a maximum imprisonment of 2 (two) years and a fine of up to Rp300,000,000.00 (three hundred million rupiah). \n
	\n ARTICLE 308 \n Anyone operating a ship not equipped with meteorological equipment as referred to in Article 132 paragraph (1) shall be punished with a maximum imprisonment of 2 (two) years and a fine of up to Rp300,000,000.00 (three hundred million rupiah). \n
	\n ARTICLE 309 \n The captain who is sailing and is aware of bad weather that endangers sailing safety but does not report it to others and/or government agencies as referred to in Article 132 paragraph (3) shall be punished with a maximum imprisonment of 2 (two) years and a fine of up to Rp300,000,000.00 (three hundred million rupiah). \n
	\n ARTICLE 310 \n Anyone employing crew members without meeting the qualification and competency requirements as referred to in Article 135 shall be punished with a maximum imprisonment of 2 (two) years and a fine of up to Rp300,000,000.00 (three hundred million rupiah). \n
	\n ARTICLE 311 \n Anyone obstructing the captain's freedom to perform his duties in accordance with the provisions of law as referred to in Article 138 paragraph (4) shall be punished with a maximum imprisonment of 2 (two) years and a fine of up to Rp300,000,000.00 (three hundred million rupiah). \n
	\n ARTICLE 312 \n Anyone employing a person on a ship in any position without certification and without the required competence, skills, and seafarer documents as referred to in Article 145 shall be punished with a maximum imprisonment of 2 (two) years and a fine of up to Rp300,000,000.00 (three hundred million rupiah). \n
	\n ARTICLE 313 \n Anyone using a container as part of the transport means without fulfilling the seaworthiness requirements of the container as referred to in Article 149 paragraph (1) shall be punished with a maximum imprisonment of 2 (two) years and a fine of up to Rp300,000,000.00 (three hundred million rupiah). \n
	\n ARTICLE 314 \n Anyone failing to affix a registration sign on a registered ship as referred to in Article 158 paragraph (5) shall be punished with a maximum imprisonment of 6 (six) months or a fine of up to Rp100,000,000.00 (one hundred million rupiah). \n
	\n ARTICLE 315 \n The captain who flies the flag of another country as a national flag referred to in Article 167 shall be punished with a maximum imprisonment of 1 (one) year or a fine of up to Rp200,000,000.00 (two hundred million rupiah). \n
	\n ARTICLE 316 \n \n Anyone who intentionally damages or performs actions that cause non-functionality of Supporting Navigation Facilities and navigation channel facilities at sea, rivers and lakes as well as Maritime Telecommunications as referred to in Article 174 shall be punished with sentences: \n a. imprisonment for up to 12 (twelve) years if such act can cause danger to sailing vessels or a fine of up to Rp1,500,000,000.00 (one billion five hundred million rupiah); \n b. imprisonment for up to 15 (fifteen) years, if such act can cause danger to sailing vessels and that act results in the sinking or stranding of the vessel and/or a fine of up to Rp2,000,000,000.00 (two billion rupiah); or \n c. life imprisonment or a fixed term of imprisonment for a maximum of 20 (twenty) years, if such act can cause danger to sailing vessels and results in the death of a person.\n \n Anyone whose negligence causes the non-functionality of Supporting Navigation Facilities and navigation channel facilities at sea, rivers, and lakes and Maritime Telecommunications as referred to in Article 174 shall be punished with a maximum imprisonment of 1 (one) year or a fine of up to Rp200,000,000.00 (two hundred million rupiah) if it causes danger to sailing vessels. \n \n
	\n ARTICLE 317 \n The captain who does not comply with the provisions referred to in Article 193 paragraph (1) shall be punished with a maximum imprisonment of 1 (one) year and a fine of up to Rp200,000,000.00 (two hundred million rupiah). \n
	\n ARTICLE 318 \n Anyone who performs dredging and reclamation of navigation channels and harbor basins without government permission as referred to in Article 197 paragraph (1) shall be punished with a maximum imprisonment of 2 (two) years or a fine of up to Rp300,000,000.00 (three hundred million rupiah). \n
	\n ARTICLE 319 \n A pilot who conducts guidance without having a certificate as referred to in Article 199 paragraph (1) shall be punished with a maximum imprisonment of 2 (two) years or a fine of up to Rp300,000,000.00 (three hundred million rupiah). \n
	\n ARTICLE 320 \n Shipowners and/or captains who do not report the hull of their ship that is in Indonesian waters to the competent authority as referred to in Article 202 paragraph (1) shall be punished with a maximum imprisonment of 6 (six) months and a fine of up to Rp100,000,000.00 (one hundred million rupiah). \n
	\n ARTICLE 321 \n Shipowners who do not remove the ship's hull and/or cargo that endangers the safety and security of navigation within the time limit set by the government as referred to in Article 203 paragraph (1) shall be punished with a maximum imprisonment of 1 (one) year and a fine of up to Rp200,000,000.00 (two hundred million rupiah). \n
	\n ARTICLE 322 \n The captain who conducts repairs, trial sailing, loading activities in the harbor basin, delays, and loads hazardous materials without the approval of the Port Authority as referred to in Article 216 paragraph (1) shall be punished with a maximum imprisonment of 6 (six) months or a fine of up to Rp100,000,000.00 (one hundred million rupiah). \n
	\n ARTICLE 323 \n \n The captain who sails without having a Sailing Approval Certificate issued by the Port Authority as referred to in Article 219 paragraph (1) shall be punished with a maximum imprisonment of 5 (five) years and a fine of up to Rp600,000,000.00 (six hundred million rupiah). \n If the acts referred to in paragraph (1) result in a ship accident causing property damage, it shall be punished with a maximum imprisonment of 10 (ten) years and a fine of up to Rp1,000,000,000.00 (one billion rupiah). \n If the acts referred to in paragraph (1) result in a ship accident causing death, it shall be punished with a maximum imprisonment of 10 (ten) years and a fine of up to Rp1,500,000,000.00 (one billion five hundred million rupiah). \n \n
	\n ARTICLE 324 \n Every crew member who does not take prevention and mitigation actions against pollution sourced from the ship as referred to in Article 227 shall be punished with a maximum imprisonment of 2 (two) years and a fine of up to Rp300,000,000.00 (three hundred million rupiah). \n

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Considering:	\n a. that based on the provisions of Article 229 paragraph (1) Law Number 15 of 2006 concerning the Audit Board of Indonesia... \n b. that the Regulation of the Audit Board of Indonesia Number 2 of 2011... \n c. that based on the considerations as referred to...\n
Remembering:	\n Law Number 15 of 2006 concerning the Audit Board of Indonesia.\n
Establishing:	\n REGULATION OF THE AUDIT BOARD OF THE REPUBLIC OF INDONESIA CONCERNING THE CODE OF ETHICS OF THE AUDIT BOARD OF INDONESIA.\n

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CHAPTER XX
OTHER PROVISIONS

Article 330

\n The captain who is aware of any danger and accidents on his ship, another ship, or any person found in a state of danger, who does not take preventive actions and disseminate information regarding the matter to others, does not report to the Port Authority or the nearest Representative of the Republic of Indonesia and the local government officials who are entitled if danger and accidents occur outside the waters of Indonesia and as referred to in Article 244 paragraph (3) or (4), Article 247 or Article 248 shall be punished with imprisonment for up to 3 (three) years or a fine of up to Rp400,000,000.00 (four hundred million rupiah).\n

Article 331

\n Every person on board a vessel who is aware of an accident, within the limits of their ability, does not provide assistance and report the accident to the Captain and/or Crew as referred to in Article 246 shall be punished with imprisonment for up to 1 (one) year or a fine of up to Rp100,000,000.00 (one hundred million rupiah).\n

Article 332

\n Every person who operates a ship or aircraft and does not assist in search and rescue efforts for any person who experiences an accident as referred to in Article 258 paragraph (2) shall be punished with imprisonment for up to 1 (one) year and a fine of up to Rp200,000,000.00 (two hundred million rupiah).\n

Article 333

Criminal offenses in the maritime field are considered committed by a corporation if such offenses are committed by a person acting for and/or on behalf of the corporation or for the interests of the corporation, either based on an employment relationship or other relationships, acting within that corporate environment either alone or together.
If a criminal offense in the maritime field is committed by a corporation as referred to in paragraph (1), then the investigation, prosecution, and punishment shall be directed against the corporation and/or its management.

\n
\n

Article 334

\n In the case of a summons against the corporation, the summons to appear and the delivery of the summon letter shall be addressed to the management at the office of the management, at the place where the corporation operates, or at the residence of the management.\n

Article 335

\n In the event that a criminal offense in the maritime field is committed by a corporation, in addition to imprisonment and fines against its management, the penalties that can be imposed against the corporation include a fine multiplied by 3 (three) times the fine determined in this Chapter.\n

Article 336

(1) Every official who violates a specific obligation of his position or at the time of committing a criminal act using the power, opportunity, or means granted to him by virtue of his position shall be punished with imprisonment for up to 1 (one) year and a fine of up to Rp100,000,000.00 (one hundred million rupiah).
(2) In addition to the penalties as referred to in paragraph (1), the perpetrator may be subject to additional punishment in the form of dishonorable dismissal from his position.

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	\n Established in Jakarta \n on July 19, 2016 \n AUDIT BOARD OF THE REPUBLIC OF INDONESIA \n CHAIRMAN, \n signature \n HARRY AZHAR AZIS\n
\n Promulgated in Jakarta \n on July 20, 2016 \n MINISTER OF LAW AND HUMAN RIGHTS \n REPUBLIC OF INDONESIA, \n signature \n YASONNA H. LAOLY\n

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	\n Established in Jakarta \n on May 7, 2008 \n PRESIDENT OF THE REPUBLIC OF INDONESIA, \n signature \n DR. H. SUSILO BAMBANG YUDHOYONO\n
\n Promulgated in Jakarta \n on May 7, 2008 \n MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA, \n signature \n ANDI MATTALATTA\n

\n\nSTATE SHEET OF THE REPUBLIC OF INDONESIA YEAR 2008 NUMBER 64","pdf_url","/proxy/pdf?id=ecec08c4-85c4-488c-b660-05732468b85e","actionData","errors"]