MARINE AFFAIRS
Pembukaan
www.hukumonline.com/pusatdata LAW OF THE REPUBLIC OF INDONESIA NUMBER 32 OF 2014 ON MARINE AFFAIRS BY THE GRACE OF THE GOD ALMIGHTY PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering: a. that the Unitary State of the Republic of Indonesia as an archipelagic country has abundant natural resources which are the blessings and gifts from the God Almighty for all of Indonesia that must be managed in a sustainable manner to advance public welfare as mandated in the 1945 Constitution of the Republic of Indonesia; b. that the sea area as the largest part of the territory of Indonesia which has strategic position and value from various aspects of life which include politics, economy, socio-culture, defense, and security shall be the basic capital of national development; c. that the management of marine resources shall be carried out through a legal framework to provide legal certainty and benefits for the society as a whole as an archipelagic country with the characteristic of archipelago island nation; d. that based on the considerations as referred to in letter a, letter b, and letter c, it has been deemed necessary to establish a Law on Marine Affairs. Observing: Article 20, Article 22D paragraph (1), Article 25A, and Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia; With Joint Agreement HOUSE OF REPRESENTATIVE OF THE REPUBLIC OF INDONESIA and PRESIDENT OF THE REPUBLIC OF INDONESIA HAS DECIDED: To Establish: LAW ON MARINE AFFAIRS. CHAPTER I GENERAL PROVISIONS 1 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Article 1 Under this Law, the following definitions are employed: 1. Sea is an aquatic space on the face of the earth that connects land to land and other natural forms, which is the geographical and ecological unity along with all related elements, and which boundaries and systems are determined by the legislation and international law. 2. Marine is a matter relating to the Sea and/or activities in the area of the Sea which covers the seabed and the subsoil thereof, the water column and the surface of the Sea, including coastal areas and small islands. 3. Island is an area of land which is formed naturally which is surrounded by water and is located above the water level at the time of high tide. 4. Islands are a group of islands, including parts of the island and the waters between these islands, and other natural forms which relations with each other are so close that islands, waters, and other natural forms constitute a single unity of geography, economy, defense, and security and politics that are essential or historically regarded as such. 5. Archipelagic country is a country that consists entirely of one or more islands and may include other islands. 6. Marine Development is development that gives direction in the utilization of marine resources to achieve economic growth, equitable distribution of welfare, and maintenance of carrying capacity of coastal and Sea ecosystems. 7. Marine Resources are Sea resources, both renewable and non-renewable that have comparative and competitive advantages and may be maintained in the long term. 8. Marine Management is the organization of activities, provision, exploitation, and utilization of Marine Resources and Sea conservation. 9. Sea Space Management is the planning, utilization, supervision and control of the Sea space. 10. Sea Environment Protection is a systematic and integrated effort carried out to preserve Marine Resources and prevent the occurrence of pollution and/or damage to the environment at the Sea which includes Sea conservation, Sea pollution control, marine disaster management, prevention of pollution, and damage and disasters. 11. Sea pollution is the entry or inclusion of living things, substances, energy, and/or other components into the Sea environment by human activities that exceed the prescribed quality standards of the Sea environment. 12. Central Government, from this point onward is referred to as the Government, is the President of the Republic of Indonesia who holds the power of government of the Republic of Indonesia who is assisted by the Vice President and ministers as referred to in the 1945 Constitution of the Republic of Indonesia. 13. Regional Government is the head of the region as an element of regional government administrators who lead the implementation of government affairs which are the authority of the autonomous region. 14. Minister is the minister who organizes government affairs in the field of Marine. CHAPTER II PRINCIPLES AND OBJECTIVES Article 2 Organization of Marine is carried out based on the principles of: a. sustainability; 2 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata b. consistency; c. cohesiveness; d. legal certainty; e. partnership; f. equity; g. public participation; h. openness; i. decentralization; j. accountability; and k. justice. Article 3 The organization of Marine aims to: a. assert Indonesia as an archipelagic country with the characteristic of archipelago island and maritime nation; b. utilize Marine Resources and/or activities at the Sea area in accordance with the provisions of laws and regulations and international sea law in order to achieve prosperity of the nation and state; c. realize a sustainable and safe Sea as the living space and fighting space of the Indonesian people; d. utilize Marine Resources sustainably for the welfare of the current generation without sacrificing the interests of future generations; e. advance Marine culture and knowledge for the community; f. develop professional, ethical, dedicated human resources in the field of Marine affairs and are able to prioritize national interests in supporting optimal and integrated Marine Development; g. provide legal certainty and benefits for the entire community as an archipelagic country; and h. develop the role of the Unitary State of the Republic of Indonesia in the global Marine arena in accordance with international sea law for the benefit of the nation and state. CHAPTER III SCOPE Article 4 (1) The scope of this Law covers the management of the organization of Indonesian Marine in an integrated and sustainable manner to develop the prosperity of the country. (2) The implementation of Indonesian Marine as referred to in paragraph (1) includes: a. Sea area; b. Marine Development; c. Marine Management; d. Marine improvement; e. Sea space management and Sea environmental protection; 3 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata f. defense, security, law enforcement, and sea safety; and g. governance and institutions. CHAPTER IV SEA AREA Division One General Article 5 (1) Indonesia is an archipelagic country of which is entirely made of archipelagos and includes large and small islands which constitute a unity of territory, politics, economy, social-culture, and history which boundaries are drawn from the archipelagic baselines. (2) The sovereignty as an archipelagic country includes lands, inland waters, archipelagic waters, and territorial sea, including air space above them and seabed and its subsoil thereof, including natural resources therein. (3) The Indonesia Sovereignty as referred to in paragraph (2) is subject to the provisions of laws and regulations, United Nations Convention on the Law of the Sea of 1982, and relevant international laws. Article 6 (1) Sea area consists of the territorial waters and the territorial jurisdiction and the high seas and the international seabed area. (2) The Unitary State of the Republic of Indonesia is entitled to carry out the management and utilization of natural resources and the environment at the Sea space as referred to in paragraph (1). (3) The management and utilization as referred to in paragraph (2) shall be implemented in accordance with the provisions of laws and regulations and international law. Division Two Territorial Waters and Territorial Jurisdiction Article 7 (1) The territorial waters as referred to in Article 6 paragraph (1) includes: a. inland waters; b. archipelagic waters; and c. territorial sea. (2) The jurisdiction area as referred to in Article 6 paragraph (1) includes: a. the Contiguous Zone; b. the Indonesian Exclusive Economic Zone; and c. the Continental Shelf. (3) The Unitary State of the Republic of Indonesia has: 4 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata a. sovereignty over the inland waters, the archipelagic waters, and the territorial sea; b. particular jurisdiction of the Contiguous Zone; and c. sovereign rights over the Exclusive Economic Zone and the Continental Shelf. (4) The sovereignty, particular jurisdiction, and sovereign rights within the territorial waters and territorial jurisdictions as referred to in paragraph (3) shall be implemented under the provisions of laws and regulations and international laws. Article 8 (1) The Unitary State of the Republic of Indonesia has the right to determine the Indonesia Contiguous Zones up to 24 nautical miles from the base lines. (2) In the Contiguous Zones, Indonesia has the right: a. to prevent any infringement of the provisions of laws and regulations on customs, fiscal, immigration, or sanitary in its territory or the territorial sea; and b. to punish any infringement of the provisions of laws and regulations as referred to in letter a performed within its territory or the territorial sea. (3) The designation and the management of the Indonesia Contiguous Zone as referred to in paragraph (1) and paragraph (2) shall be regulated in accordance with the provisions of laws and regulations. Article 9 (1) The Unitary State of the Republic of Indonesia has the right to claim the Continental Shelf beyond 200 nautical miles from the base lines. (2) Limits of the Continental Shelf beyond 200 nautical miles from the base lines must be submitted for recommendation to the United Nations Commission on the Limits of the Continental Shelf before they are established as the Indonesia Continental Shelf by the Government. (3) The establishment of the Continental Shelf beyond 200 nautical miles must be managed in accordance with the provisions of laws and regulations and the international sea law. Division Three High Seas and International Seabed Areas Article 10 (1) High sea is a part of the Sea excluded from Exclusive Economic Zone, territorial sea, archipelagic waters, and inland waters. (2) The International Seabed Area is the seabed and the land beneath that is located outside the national jurisdiction boundaries. Article 11 (1) The Unitary State of the Republic of Indonesia has the right to carry out conservation and management of biological resources in the high seas. (2) In the high seas the Government must: a. eradicate international crime; b. eradicate unauthorized broadcasts; 5 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata c. protect national vessels, both in the technical, administrative and social fields; d. perform hot pursuit; e. prevent and overcome Sea Pollution by working with relevant countries or international institutions; and f. participate in fisheries management through regional and international fisheries management forums. (3) Eradication of international crimes in high seas as referred to in paragraph (2) letter a shall be carried out through cooperation with other countries. (4) Conservation and management of biological resources as referred to in paragraph (1) shall be carried out based on the provisions of laws and regulations and international law. Article 12 (1) In International Seabed Areas as referred to in Article 10 paragraph (2), the Government has the authority to make agreements or cooperate with related international institutions. (2) The agreement or cooperation as referred to in paragraph (1) shall be carried out in accordance with the provisions of the laws and regulations and international sea law. CHAPTER V MARINE DEVELOPMENT Article 13 (1) Marine Development shall be carried out as part of national development to realize Indonesia as an independent, developed, strong and nationally based archipelagic country. (2) Marine Development as referred to in paragraph (1) shall be carried out through the formulation and implementation of policies on: a. management of Marine Resources; b. human resource improvement; c. defense, security, law enforcement, and safety at sea; d. governance and institutions; e. welfare improvement; f. marine economy; g. Sea space management and Sea environmental protection; and h. maritime culture. (3) The process of formulating the policy of Marine Development as referred to in paragraph (1) and paragraph (2) shall be carried out as follows: a. The government establishes a long-term integrated Marine Development policy in accordance with the provisions of laws and regulations; b. The government stipulates medium and short term integrated Marine Development policy; and c. Marine Development Policy is translated into each sector program in the development plan and management of Marine Resources. (4) Further provisions regarding the policy of Marine Development as referred to in paragraph (1) and 6 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata paragraph (2) shall be regulated in Regulation of the Government. CHAPTER VI MARINE MANAGEMENT Division One General Article 14 (1) The Government and the Regional Government in accordance with their authority shall conduct Marine Management for the prosperity of the people through the utilization and exploitation of Marine Resources using blue economic principles. (2) Utilization of Marine Resources as referred to in paragraph (1) may include: a. fishery; b. energy and mineral resources; c. coastal and small islands resources; and d. non-conventional resources. (3) The exploitation of Marine Resources as referred to in paragraph (1) may be in the form of: a. Marine industry; b. Marine tourism; c. Sea transportation; and d. Sea building. Article 15 (1) For the utilization and exploitation of Marine Resources as referred to in Article 14, the Government shall stipulate Marine economic policy. (2) Marine economic policy as referred to in paragraph (1) shall aim to make Marine a basis for economic development. (3) The basis of economic development as referred to in paragraph (2) shall be carried out through the creation of healthy businesses and improvement of people's welfare, especially coastal communities by developing productive, independent economic activities and prioritizing national interests. (4) To make Marine as the basis of the nation's economic development as referred to in paragraph (2), the Government shall include the area of the sea as the basis for the allocation of the budget for Marine Development. (5) Marine Development Budget comes from the state budget and/or regional budget. Division Two Utilization of Marine Resources Paragraph 1 7 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Fishery Article 16 The government shall regulate the management of fish resources in the territorial waters and territorial jurisdictions and shall carry out the regulation of fish resources in high seas based on cooperation with other countries and international law. Article 17 (1) The Government shall coordinate the management of fish resources and shall facilitate the realization of fishery industry. (2) In facilitating the realization of fishery industry as referred to in paragraph (1), the Government is responsible: a. to preserve fish resources; b. to guarantee conducive business climate for fishery development; and c. to expand employment opportunities in order to improve the standard of living of fishermen and fish farmers. Article 18 For the purpose of distribution of fishery products, the Government shall regulate a national fish logistics system. Article 19 (1) In order to improve fishery business, banking parties shall be responsible for funding the superstructure of fishery business. (2) The funding as referred to in paragraph (1) shall be regulated in separate law. Paragraph 2 Energy and Mineral Resources Article 20 (1) The Government shall develop and utilize renewable energy derived from the Sea and is set into the national energy policy. (2) The Government shall facilitate the development and utilization of renewable energy derived from the Sea in a region by considering the potentials of said region. Article 21 (1) The Government shall regulate and guarantee the utilization of mineral resources derived from the Sea, Seabed, and subsoil thereof for the greatest prosperity of the people. (2) The utilization of mineral resources as referred to in paragraph (1) shall be regulated in accordance with the provisions of laws and regulations as well as the international laws. 8 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Paragraph 3 Costal and Small Islands Resources Article 22 (1) The Government and Regional Government are responsible for the management and utilization of coastal and small islands resources pursuant to their respective authorities. (2) The purposes of management and utilization as referred to in paragraph (1) shall be: a. to protect, conserve, rehabilitate, utilize, and improve coastal and small islands resources and their ecological system sustainably; b. to create harmony and synergy between the Government and Regional Government in managing coastal and small islands resources; c. to strengthen participation of the public and government institutions and encourage the community’s initiative in managing coastal and small islands resources in achieving of fairness, balance, and sustainability; and d. to improve social, economic and cultural values of the public through public participation in utilizing coastal and small islands resources. (3) The management and utilization of coastal and small islands resources covering living resources, non- living resources, artificial resources, and environmental services shall be implemented in accordance with the provisions of laws and regulations. Paragraph 4 Non-Conventional Natural Resources Article 23 (1) Management and utilization of non-conventional Marine natural resources shall be taken for the greatest prosperity of the people. (2) The management and utilization as referred to in paragraph (1) shall be implemented under environmental preservation principle. Article 24 (1) The Government, Regional Government, and the public shall be responsible for protecting, utilizing and developing nonconventional Marine resources. (2) The protection, utilization, and development as referred to in paragraph (1) shall be implemented in accordance with the provisions of laws and regulations and international sea laws. Part Three Exploitation of Marine Resources Paragraph 1 Marine Industry 9 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Article 25 (1) Exploitation of Marine Resources taken through the management and development of Marine industry shall be an integral part of the national industry management and development policy. (2) The Marine Industry as referred to in paragraph (1) includes biotechnology industry, maritime industry, and maritime services. (3) The management and development of Marine industry as referred to in paragraph (1) shall include infrastructures and facilities, science and technology research, innovation, human resources, and creative and financing industries. (4) The Government and Regional Government are required to supervise the improvement of quality and quantity of micro, small and medium scale Marine industry to support the economy of the people. Article 26 (1) The Government and Regional Government shall be responsible in developing and increasing the Marine biotechnology industry as referred to in Article 25 paragraph (2). (2) Marine biotechnology industry as referred to in paragraph (1) shall be conducted by exploiting the potential of biodiversity. (3) Marine biotechnology industry as referred to in paragraph (1) shall aim to: a. prevent the extinction of Sea life due to excessive exploration; b. produce a wide range of new products that have added value; c. reduce dependence on imports to produce a variety of products import substitution; d. develop environmentally friendly technologies at every Marine biotechnology industry; and e. develop a Sea resource management system in a sustainable manner. Article 27 (1) The maritime industry and maritime services as referred to in Article 25 paragraph (2) shall be based on the policy of Marine Development. (2) For the sustainability of maritime industry and maritime services for the welfare of the people, Marine economic policy shall be used. (3) The maritime industry as referred to in paragraph (1) may be in the form of: a. shipyard; b. procurement and manufacturing of spare parts; c. vessel equipment; and/or d. vessel maintenance. (4) The maritime services as referred to in paragraph (1) may be in the form of: a. education and training; b. lifting of the valuable carriages of the sunken ship; c. dredging and clearing of sea lanes; d. reclamation; e. search and rescue; f. environment remediation; 10 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata g. construction service; and/or h. river, lake, crossing, and inter-islands transportation. (5) Further provisions regarding maritime industry and maritime services shall be governed in Regulation of the Government. Paragraph 2 Marine Tourism Article 28 (1) The Government and Regional Government in accordance with their authorities shall facilitate the development of marine tourism potentials by referring to national tourism development policy. (2) The sustainability of marine tourism as referred to in paragraph (1) shall be aimed for the welfare of the people. (3) The development of marine tourism shall be implemented in consideration of local people’s interest and local wisdom aspects and must consider waters conservation area. (4) The development and improvement of marine tourism as referred to in paragraph (1) shall be implemented in accordance with the provisions of laws and regulations. Paragraph 3 Sea transportation Article 29 (1) The Government and Regional Government in accordance with their respective authorities shall develop the potential and improve the role of sea transportation. (2) In developing the potential of and improving the role of sea transportation as referred to in paragraph (1), the Government shall develop and designate reliable port order and port system. (3) The reliable port order as referred to in paragraph (2) includes determination of location for deep water port that can serve a vessel of latest generation and designation of hub port. (4) The characteristics of reliable port system as referred to in paragraph (2) shall be: a. efficient and internationally standardized; b. free of monopoly; c. supporting inter insular connectivity, including between the outermost small islands and main island; d. with availability of port facilities in the outermost small islands; e. with availability of port facilities, including facilities of environment and prevention from pollution to environment; and f. integrity between terminal and vessel. Article 30 (1) The Government and the Regional Government in accordance with their authorities must develop and increase the use of water transportation for inter-region connectivity of the Unitary State of the 11 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Republic of Indonesia. (2) For the development and improvement of water transportation as referred to in paragraph (1), the Government shall implement the national fleet development policy. (3) The Government shall regulate financing and taxation policies that favor the development of sea transportation infrastructure and port infrastructure and superstructure. (4) The government shall facilitate funding sources for sea transportation businesses through national banking policies. Article 31 The development of sea transportation potential as referred to in Article 29 and Article 30 shall be implemented in accordance with the provisions of laws and regulations. Paragraph 4 Marine Building Article 32 (1) For shipping safety, all forms of buildings and installations at the Sea must not interfere, both the Shipping Channel and the Indonesian Archipelagic Sea Lane. (2) The operation area of buildings and installations at the Sea must not exceed the specified safety area. (3) The use of operational areas of buildings and installations at the Sea that exceed the specified safety area as referred to in paragraph (2) must obtain permission from the competent authority. (4) Establishment and/or placement of Sea buildings must consider the sustainability of coastal and small island resources. (5) Provisions regarding the criteria, requirements and mechanism for the establishment and/or placement of buildings at the Sea shall be regulated in Regulation of the Government. Article 33 The Government shall be responsible to supervise the demolition of buildings and installations at the Sea that are not functioning. CHAPTER VII MARINE IMPROVEMENT Division One General Article 34 Marine Improvement includes: a. human resource improvement; b. science and technology research; 12 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata c. Marine information and data system; and d. Marine cooperation. Division Two Human resources improvement Article 35 (1) The Government and Regional Government in accordance with their authorities are responsible for organizing the improvement of human resources through education. (2) The implementation of education as referred to in paragraph (1) may cooperate with various parties, both at the national level and at the international level based on competency in the field of Marine. (3) The implementation of education shall be carried out in accordance with the provisions of laws and regulations. Article 36 (1) In the improvement of human resources as referred to in Article 35, the Government shall establish policies on the improvement of human resources and maritime cultural policies. (2) Human resource improvement policies as referred to in paragraph (1) shall be carried out through: a. improvement of Marine services, counterbalanced with employment availability; b. improvement of competency standards for human resources in the field of Marine affairs; c. improvement and strengthening of the role of science and technology, research, and development of Marine information systems; d. improvement of nutrition of the Marine community; and e. improvement of labor protection. (3) The maritime culture policy as referred to in paragraph (1) shall be carried out through: a. improvement of education and public awareness about maritime which is realized through all channels, types, and levels of education; b. identification and inventory of cultural values and social systems of the Marine in the territory of the Unitary State of the Republic of Indonesia as part of the national cultural system; and c. technology improvement while still considering the local wisdom. (4) Further provisions regarding maritime culture policies as referred to in paragraph (3) shall be regulated in the Regulation of the Government. Division Three Sciences and Technology Research Article 37 (1) To improve the quality of planning for Marine Development, the Government and the Regional Government develop a system of research, development, and the application of Marine science and technology which is an integral part of the national system of research on the development of technological applications. 13 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata (2) In developing the research system as referred to in paragraph (1), the Government shall facilitate the funding, procurement, repair, addition of facilities and infrastructure, as well as licensing for research and development of Marine science and technology, both independently and across sectors and countries. (3) The research system as referred to in paragraph (1) does not include commercial research. (4) The implementation of the research system as referred to in paragraph (1) shall be carried out in accordance with the provisions of laws and regulations. Article 38 (1) The Government shall cooperate with the Regional Government to form the center of Marine facilities which includes education, training and research facilities equipped with training vessels and research vessels and functional researchers. (2) Provisions regarding the establishment of the center of Marine facilities and their duties, authorities and financing shall be regulated in the Regulation of the Government. Article 39 (1) The Government shall regulate the implementation of Marine scientific research for research collaboration with foreign parties. (2) The results of the implementation of research cooperation with foreign parties as referred to in paragraph (1) must be reported to the Government in accordance with the provisions of the laws and regulations. Division Four Marine Information and Data System Article 40 (1) The Government and the Regional Government shall collect, compile, manage, maintain, and develop a system of Marine information and data from various sources for the benefit of national Marine Development based on the principle of public information disclosure in accordance with the provisions of laws and regulations. (2) Marine information and data system as referred to in paragraph (1) includes 3 (three) categories: a. the results of Marine scientific research in the form of numerical data and their analysis; b. the results of the research in the form of spatial data and their analysis; and c. management of Marine Resources, water conservation, and Marine technology development. (3) Marine information and data systems as referred to in paragraph (2) letter a and data related to marine security systems are stored, managed, updated, coordinated, and integrated by designated ministries/institutions in accordance with the laws and regulations. (4) Marine information and data system from the research results in the form of data that needs to be map as referred to in paragraph (2) letter b and letter c are stored, managed, updated, and coordinated by state research institutions in accordance with laws and regulations. Division Five Marine Cooperation 14 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Article 41 (1) Cooperation in the field of Marine can be carried out at the national and international levels by prioritizing national interests for national independence. (2) Cooperation at the national level as referred to in paragraph (1) shall be carried out in the framework of synergy: a. among sectors; b. between the central and regional levels; c. among regional governments; and d. among stakeholders. (3) Cooperation in the field of Marine at the international level as referred to in paragraph (1) may be carried out bilaterally, regionally or multilaterally. (4) Cooperation at the international level as referred to in paragraph (1) shall be carried out in accordance with the provisions of laws and regulations and international sea law. (5) The Government shall encourage exploration, utilization and management of Marine Resources in high seas in accordance with international sea law provisions. CHAPTER VIII SEA SPACE MANAGEMENT AND SEA ENVIRONMENT PROTECTION Division One Sea Space Management Article 42 (1) Sea space management shall be carried out to: a. protect resources and the environment based on the carrying capacity of the environment and local wisdom; b. utilize the potential of resources and/or activities in the area of the Sea that are national and international; and c. develop potential areas to become the center of production, distribution and service activities. (2) Sea space management includes planning, utilization, supervision and control. (3) Management of the Sea space as referred to in paragraph (2) shall be carried out based on the characteristics of the Unitary State of the Republic of Indonesia as an archipelagic country and by considering the Marine resources and environment potentials. Article 43 (1) Sea space planning as referred to in Article 42 paragraph (2) includes: a. national Sea spatial planning; b. zoning planning for coastal areas and small islands; and c. zoning planning for the Sea area. 15 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata (2) National Sea spatial planning as referred to in paragraph (1) letter a is a planning process to produce a national Sea spatial plan. (3) Zoning planning for coastal areas and small islands as referred to in paragraph (1) letter b shall be carried out in accordance with the provisions of laws and regulations. (4) Zoning planning of Sea area as referred to in paragraph (1) letter c is a plan to produce zoning plans for national strategic areas, zoning plans for certain national strategic areas, and cross-region zoning plan. (5) Further provisions regarding Sea space planning as referred to in paragraph (1) shall be regulated by Regulation of the Government. Article 44 (1) Utilization of Sea space as referred to in Article 42 paragraph (2) shall be carried out through: a. the formulation of strategic policies for the operationalization of the national Sea spatial plan and zoning plan for the Sea area; b. the formulation of sectoral programs for the realization of the national Sea spatial plan and zoning plan for the Sea area; and c. the implementation of strategic and sectoral programs in order to realize the national Sea spatial plan and zoning of the Sea area. (2) The utilization of Sea space in coastal areas and small islands shall be carried out in accordance with the provisions of laws and regulations. Article 45 (1) Supervision as referred to in Article 42 paragraph (2) shall be carried out through monitoring, evaluation and reporting actions. (2) Monitoring, evaluation and reporting as referred to in paragraph (1) shall be carried out in accordance with the provisions of laws and regulations. Article 46 Control of the use of Sea space as referred to in Article 42 paragraph (2) shall be carried out through licensing, granting of incentives, and imposition of sanctions. Article 47 (1) Every person who permanently utilizes Sea space in territorial waters and territorial jurisdiction must have a location permit. (2) Location permit located in coastal areas and small island islands shall be carried out in accordance with the provisions of laws and regulations. (3) Every person who permanently utilizes Sea space in territorial waters and territorial jurisdiction that is not in accordance with the permit granted shall be subject to administrative sanctions in the form of: a. written warning; b. suspension of activities; c. location closure; d. revocation of permit; 16 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata e. cancellation of permit; and/or f. administrative fine. (4) Provisions regarding location permit at the Sea in territorial waters and territorial jurisdictions as referred to in paragraph (1) and the procedure for imposing administrative sanctions as referred to in paragraph (3) shall be regulated by Regulation of the Government. Article 48 Every person who utilizes the Sea space in accordance with the zoning plan may be granted with incentives in accordance with the provisions of laws and regulations. Article 49 Every person who utilizes the Sea space permanently who does not have a location permit as referred to in Article 47 paragraph (1) shall be punished with imprisonment of 6 (six) years at maximum and a fine of Rp.20,000,000,000.00 (twenty billion rupiah) at maximum. Division Two Sea Environment Protection Article 50 The government shall make efforts to protect the Marine environment through: a. Sea conservation; b. Sea Pollution control; c. Marine disaster management; and d. prevention and control of pollution, damage and disaster. Article 51 (1) The Government shall establish Sea conservation policies as an integral part of the Sea Environment Protection. (2) The Government and/or Regional Government in accordance with their authorities shall have management rights over Sea conservation areas as part of the implementation of the Sea Environment Protection policy as referred to in paragraph (1). (3) Sea conservation policy as referred to in paragraph (1) must be carried out in cross-sectoral and cross-regional areas to support Sea Environment Protection. (4) Every sector that carries out development in territorial waters and territorial jurisdictions must pay attention to conservation areas. (5) Sea conservation policies and management shall be carried out in accordance with laws and regulations. Article 52 (1) Sea pollution includes: a. pollution which derive from land; 17 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata b. pollution which derive from activities at Sea; and c. pollution which derive from activities on airspace. (2) The Sea pollution as referred to in paragraph (1) can occur: a. in territorial waters or territorial jurisdictions; b. from the outside of territorial waters or from the outside of territorial jurisdictions; or c. from within of territorial waters or territorial jurisdictions to beyond Indonesia territorial jurisdictions. (3) The settlement of dispute process and imposition of Sea pollution sanction as referred to in paragraph (1) and paragraph shall be implemented under polluter pays principle and precautionary principle. (4) Further provisions regarding settlement process and sanction for Sea pollution shall be implemented in accordance with the provisions of laws and regulations. Article 53 (1) Marine disaster may be in the form of disaster that is caused by: a. natural phenomena; b. environment pollution; and/or c. global warming. (2) Marine disaster caused by natural phenomena as referred to in paragraph (1) letter a may be in the form of: a. earthquake; b. tsunami; c. coastal flood; d. typhoon; and e. seasonal animal attack. (3) The Marine disaster caused by environment pollution as referred to in paragraph (1) letter b may be in the form of: a. red tide phenomena; b. oil pollution; c. heavy metal pollution; d. thermal dispersion; and e. nuclear radiation. (4) Marine disaster caused by global warming as referred to in paragraph (1) letter c may be in the form of: a. rising temperature; b. rising Sea level; and/or c. el niño and la niña. Article 54 (1) In anticipating Sea pollution and Marine Disasters as referred to in Article 52 and Article 53, the Government shall establish policies to mitigate the impacts of Sea Pollution and Marine disasters. 18 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata (2) Policies to mitigate the impacts of Sea Pollution and Marine disasters as referred to in paragraph (1) may be carried out through: a. development of disaster mitigation systems; b. development of an early warning system; c. development of national oil spill emergency response plans; d. development of control system for Sea pollution and damage to Sea ecosystem; and e. control of impacts from remains of building at Sea and activities at Sea. Article 55 (1) The Government and the Regional Government must implement a system for the prevention and management of pollution and damage to Sea environment. (2) The Government and the Regional Government must organize a system for the prevention and management of marine disasters as part that is integrated with the system for the prevention and management of national natural disasters. Article 56 (1) The government is responsible for protecting and preserving Sea environment. (2) The protection and preservation of Sea environment as referred to in paragraph (1) shall be carried out through the prevention, reduction and control of Sea environment from any Sea pollution and the management of damage to the Sea environment. (3) The Government cooperates, both bilaterally, regionally and multilaterally in implementing the prevention, reduction and control as referred to in paragraph (2). Article 57 The protection and preservation of Sea environment as referred to in Article 56 are carried out based on the provisions of laws and regulations and international sea law. CHAPTER IX DEFENSE, SECURITY, LAW ENFORCEMENT, AND SAFETY OF SEA Article 58 (1) In order to manage state sovereignty, to maintain the Unitary State of the Republic of Indonesia, and to protect all people and the homeland of Indonesia from any threats and disturbance to the unity of people and the nation in Sea area, a sea defense system shall be established. (2) Sea defense system as referred to in paragraph (1) shall be implemented by the ministry administering government affairs in defense and the Indonesian National Army. (3) The sea defense system as referred to in paragraph (2) shall be implemented in accordance with the provisions of laws and regulations. Article 59 (1) The enforcement of sovereignty and law in Indonesian waters, seabed and its subsoil thereof, including natural resources and sanction for violation shall be implemented in accordance with the 19 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata provisions of laws and regulations and international laws. (2) Jurisdiction in enforcement of sovereignty and law to foreign vessel that is crossing the territorial sea and archipelagic waters of Indonesia shall be implemented in accordance with the provisions of laws and regulations and international laws. (3) In order to enforce the law in territorial waters and territorial jurisdictions, especially in implementing security and safety patrol in Indonesian territorial waters and territorial jurisdictions, the Maritime Security Agency shall be established. Article 60 The Maritime Security Agency as referred to in Article 59 paragraph (3) is a non-ministry government institution under and directly responsible to the President through the minister who coordinates it. Article 61 The Maritime Security Agency has the duty to conduct security and safety patrol in Indonesian territorial waters and Indonesian territorial jurisdictions. Article 62 In carrying out the task, the Maritime Security Agency shall implement the function to: a. prepare national policies in the field of security and safety in Indonesian territorial waters and Indonesian territorial jurisdictions; b. organize an early warning system for security and safety in Indonesian territorial waters and Indonesian territorial jurisdictions; c. carry out safeguards, supervision, prevention and enforcement of violations of law in Indonesian territorial waters and Indonesian territorial jurisdictions; d. synergize and monitor the implementation of water patrols by relevant agencies; e. provide technical and operational support to relevant agencies; f. provide search and rescue assistance in Indonesian territorial waters and Indonesian territorial jurisdictions; and g. carry out other duties in the national defense system. Article 63 (1) In carrying out the duties and functions referred to in Article 61 and Article 62, the Maritime Security Agency is authorized to: a. carry out hot pursuit; b. dismiss, examine, arrest, carry and deliver the ship to the relevant agency authorized to carry out further legal proceedings; and c. integrate security and safety information systems in Indonesian territorial waters and Indonesian territorial jurisdictions. (2) The authority as referred to in paragraph (1) shall be implemented in an integrated and integrated manner in one unit of command and control. Article 64 20 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata National policies in the field of security and safety in Indonesian territorial waters and Indonesian territorial jurisdictions as referred to in Article 62 letter a shall be stipulated by the President. Article 65 (1) The Maritime Security Agency shall be led by a head and assisted by the main secretary and several deputies. (2) The Head of the Maritime Security Agency is held by a person from a law enforcement agency that has a patrol fleet. (3) The Head of the Maritime Security Agency is appointed and terminated by the President. Article 66 Personnel of Maritime Security Agency consists of: a. permanent employees; and b. assisting employees. Article 67 Further provisions regarding the organizational structure, work procedures and personal matters of the Maritime Security Agency shall be regulated by a Regulation of the President. Article 68 The Regulation of the President concerning the organizational structure, work procedures and personal matters of the Maritime Security Agency must be established within a maximum period of 6 (six) months from the date this Law is established. CHAPTER X SEA GOVERNANCE AND INSTITUTIONAL AFFAIRS Article 69 (1) The Government shall establish Sea governance and institutional affairs policies. (2) Sea governance and institutional affairs policies as referred to in paragraph (1) include plans for the development of effective and efficient legal and governance systems and systems for planning, coordinating, monitoring and evaluating Marine Development. (3) In preparing the Sea governance and institutional policies as referred to in paragraph (1), the Government shall conduct sea law structuring in a national legal system, both through public aspects and civil aspects with due regard to international law. (4) Further provisions regarding Sea governance and institutional affairs policies as referred to in paragraph (1) shall be regulated in Regulation of the Government. CHAPTER XI PUBLIC PARTICIPATION 21 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Article 70 (1) The implementation of Marine Development shall be carried out by the Government and the Regional Government by involving the participation of the public. (2) The participation of the public as referred to in paragraph (1) may be carried out individually, in groups, professional organizations, business entities, or other social organizations in accordance with the principles of transparency and partnership. (3) The participation of the public in Marine Development as referred to in paragraph (1) shall be carried out through participation in: a. policy development of Marine Development; b. Marine Management; c. Marine improvement; and d. providing input in evaluation and supervision activities. (4) Public participation other than as referred to in paragraph (3) may be carried out through participation in: a. preserving cultural values and maritime knowledge and revitalize customary law and local wisdom in the field of Marine affairs; or b. the protection and socialization of underwater cultural heritage through preservation, restoration and conservation efforts. (5) Further provisions regarding the form and procedure for public participation in Marine Development as referred to in paragraph (1) shall be regulated in a Regulation of the Government. CHAPTER XII TRANSITIONAL PROVISIONS Article 71 (1) The Maritime Security Coordination Agency shall continue to carry out its duties and functions until the establishment of the Maritime Security Agency as referred to in Article 59 paragraph (3). (2) Before the establishment of the Maritime Security Agency, activities and work programs carried out by the Maritime Security Coordination Agency shall be adjusted to this Law. CHAPTER XIII CLOSING PROVISIONS Article 72 Upon the effective enforcement of this Law, provisions concerning the establishment of coordinating agency as stipulated in Article 24 paragraph (3) of Law Number 6 of 1996 on Indonesian Waters (State Gazette of the Republic of Indonesia of 1996 Number 73 Supplement to the State Gazette of the Republic of Indonesia Number 3647) is revoked and declared invalid. Article 73 The implementing regulation of this Law must be stipulated no later than 2 (two) years after the enactment of this law. 22 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Article 74 This Law comes into force from the date of its promulgation. For public cognizance, it is hereby ordered that this Law be promulgated in the State Gazette of the Republic of Indonesia. Established in Jakarta, On 17 October 2014 THE PRESIDENT OF THE REPUBLIC OF INDONESIA, Signed. DR. H. SUSILO BAMBANG YUDHOYONO Promulgated in Jakarta, On 17 October 2014 THE MINISTER OF LAWS AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA Signed. AMIR SYAMSUDIN STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 2014 NUMBER 294 23 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata ELUCIDATION OF LAW OF THE REPUBLIC OF INDONESIA NUMBER 32 OF 2014 ON MARINE AFFAIRS I. GENERAL Indonesia is the largest archipelagic country in the world with abundant potential and natural wealth as the gift from God Almighty that has a very important meaning for the Indonesian people as a living space (lebenstraum) and fighting space and unifying media that connect islands in a unified ideology, politics, economy, social, culture, defense, and security in an area of the Unitary State of the Republic of Indonesia. Two-thirds of Indonesia's territory is the Sea and it is one of the countries that has the longest coastline in the world. Besides that, Indonesia is geographically located between two continents, namely the Continent of Asia and the Continent of Australia and two Oceans, namely the Indian Ocean and the Pacific Ocean which are the most dynamic regions in the area, both economically and politically. The strategic geographical location has made Indonesia to have superiority as well as high dependence on the Marine sector. In addition to comparative advantages based on geographical location, the potential of natural resources at the Sea area contains biological or non-natural resources that are very beneficial for the survival of the community. This potential can be obtained from the seabed and the land beneath it, the water column and the sea surface, including coastal areas and small islands, therefore it is very logical if the Marine economy is used as a foundation for national economic development. Therefore, the Indonesian Sea must be managed, guarded, utilized, and preserved by the people of Indonesia in accordance with what is mandated in Article 33 of the 1945 Constitution of the Republic of Indonesia. In addition to existing wealth, comparative advantages possessed need to be translated into comparative wealth. In its journey, Indonesia has experienced 3 (three) moments which became a pillar in strengthening Indonesia's existence into an independent country and a country based on the Islands so that it was recognized by the world, namely: 1. The Youth Pledge (Sumpah Pemuda) on 28 October 1928 which states the unity of nationality spirit of Indonesia 2. Proclamation of Independence on August 17, 1945 which states that the people of Indonesia have become one nation that wants to live in a unity of State; and 3. The Djuanda Declaration of December 13, 1957 which states that Indonesia began to fight for territorial unity and de jure recognition as contained in the United Nations Convention on the 1982 Sea Law (UNCLOS 1982) and which was ratified by Indonesia through Law Number 17 of 1985. When the Republic of Indonesia was proclaimed based on the Transitional Regulation of the Republic of Indonesia Constitution, the width of the territorial sea based on the Teritoriale Zee en Maritime Kringen Ordonantie (TZMKO) in 1939 was that the territorial sea width of Indonesia only covered the Sea lanes surrounding each island or part of the island Indonesia, which is only 3 nautical miles wide. That means that between the islands of Java and Kalimantan and between Nusa Tenggara and Sulawesi there are high seas. At the time of independence the borders of Indonesia were unclear because the 1945 Constitution of the Republic of Indonesia did not clearly indicate the territory of the country of Indonesia. The territory of Indonesia at the time was proclaimed to be an independent and sovereign state within the territory of the former colonies or the Dutch East Indies. This is in line with the principle of international law of uti posidetis juris. In addition, the 1945 Constitution of the Republic of Indonesia does not regulate the position of the territorial sea. 24 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Regional conditions such as those stated in the TZMKO in 1939 were considered to be less favorable and difficult for Indonesia in terms of defense. Therefore, efforts are made to realize the unity of the archipelago region which is a unit of land, sea, including the seabed beneath it, the air above it, and all the wealth contained in it is a territorial entity. The struggle to realize the unity of the region is made by the Djuanda Declaration which is based on political, geographical, economic, defense and security considerations. In the Djuanda Declaration, Indonesia states that all the waters around, between and connecting islands or parts of the island which are included in the land of the Unitary State of the Republic of Indonesia without regard to area or width are reasonable parts of the Indonesian mainland and constitute part of national waters which are under absolute sovereignty of Indonesia. To fight for Indonesia's territory in accordance with the Djuanda Declaration, at the United Nations Conference on the Law of the Sea in 1958 in Geneva, the Indonesian delegation sparked the idea of conception of an island nation for the first time. The Djuanda Declaration was confirmed by Law Number 4/Prp of 1960 on Territorial Waters which stipulated Indonesia's territorial sea as wide as 12 nautical miles from the baseline of the Indonesian archipelago. In addition, it is also stated that the waters located on the side of the straight baseline connecting the outer letters of the islands in the Indonesian archipelago are inland waters where Indonesia has absolute sovereignty. The struggle of the Indonesian delegation in order to recognize the concept of an archipelagic country continued at the second and third United Nations Conference on the Law of the Sea. Finally, at the twelfth session of the United Nations Conference on the Third Law of the Sea, the text of the Convention was signed by 119 countries and officially became the United Nations Convention on the 1982 Sea Law consisting of 17 Chapters and 320 Articles. The Convention recognizes the concept of island state law and stipulates that the island nation has the right to draw the baseline of the islands to measure the territorial sea, contiguous zones, Exclusive Economic Zones, and continental shelf, while the waters on the land side are recognized as inland waters and other waters which is between islands which are on the side in the baseline are recognized as archipelagic waters. However, the implementation of sovereignty in archipelagic waters in UNCLOS 1982 respects the rights other nation’s rights of Crossing Rights on Archipelagic Sea Lanes Passage. The addition of Indonesian waters is very significant and must be seen not only as a national asset, but also a real challenge that the Sea region must be managed, safeguarded and secured for the benefit of the Indonesian people. Marine development until now still faces various obstacles in its implementation. This is due to the absence of a law that comprehensively regulates the integration of various sector interests at the Sea region. These obstacles can be found, both in the scope of planning, utilization, and supervision and control. Therefore, it is necessary to regulate Marine affairs which aim to assert Indonesia as an archipelago characterized by archipelago and maritime; utilize Marine Resources and/or activities in Sea area in accordance with the provisions of laws and regulations and international sea law in order to achieve prosperity of the nation and state; realizing a sustainable and safe Sea as the living space and fighting space of the Indonesian people; utilize sustainable Marine Resources for the greatest welfare for the present generation without sacrificing the interests of future generations; promote Marine culture and knowledge for the community; developing professional, ethical, dedicated human resources in the field of Marine affairs, and able to prioritize national interests in supporting optimal and integrated Marine Development; providing legal certainty and benefits for the entire community as an archipelagic country; and developing the role of the Unitary State of the Republic of Indonesia in the global Marine affairs in accordance with international marine law for the benefit of the nation and state. The implementation of Marine is also carried out based on the principles of sustainability, consistency, integration, legal certainty, partnership, equity, public participation, openness, decentralization, accountability and justice. The scope of regulation in the implementation of Marine covers the area of the Sea, Marine Development, Marine Management, Marine improvement, management of the Sea space and the protection of the Sea environment, defense, security, law enforcement, sea safety, governance and institutions, and public participation. 25 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata II. ARTICLE BY ARTICLE Article 1 Self-explanatory. Article 2 Letter a "sustainability" is the use of marine resources that do not exceed the carrying capacity and have the ability to maintain the needs of future generations. Letter b "consistency" is the consistency of various agencies and layers of government from planning, implementation, supervision and control to implementing a Marine Resources management program. Letter c "integration" is the integration of Marine policy through planning various government sectors horizontally and vertically between the Government and the Regional Government. Letter d "legal certainty" is the entire management and utilization of Marine based on legal provisions. Letter e "partnership" is a cooperation agreement between interested parties relating to the management of Marine Resources. Letter f "equity" is the utilization of the potential of Marine Resources which is carried out for the greatest prosperity of the people and the welfare of the people. Letter g Public participation is intended so that the community has a role in planning, implementing, monitoring and controlling the implementation of Marine affairs. Letter h "openness" means openness for the public to obtain correct, honest and non-discriminatory information regarding the implementation of Marine affairs from the stages of planning, utilization, supervision and control while paying attention to the protection of personal rights, groups and state secrets. Letter I "decentralization" is the delegation of part of government affairs which is the authority of the Government to the governor as the representative of the Government, to vertical agencies in certain regions, and/or to governors and regents/mayors as the one responsible for general government affairs. Letter j "accountability" is the implementation of Marine affairs conducted openly and can be accounted for. Letter k "justice" is the content of this Law must reflect the rights and obligations proportionally for every citizen. 26 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Article 3 Self-explanatory. Article 4 Self-explanatory. Article 5 Self-explanatory. Article 6 Self-explanatory. Article 7 Paragraph (1) Letter a "Inland waters" means all waters located on the land side of the low water line of the Indonesian coast, including all parts of the waters located on the land side of a closing line. Letter b "archipelagic waters" are all waters located on the inner part of archipelagic base lines regardless of the depth or distance from the coast. Letter c "territorial sea" is a sea lane as wide as 12 (twelve) nautical miles measured from the baseline of the Indonesian Archipelago. Paragraph (2) Letter a "contiguous zone" is a zone which width does not exceed 24 (twenty four) nautical miles measured from the baseline from which the width of the territorial sea is measured. Letter b "Indonesian Exclusive Economic Zone" is an area outside and adjacent to the Indonesian territorial sea as referred to in the law governing Indonesian waters with an outer boundary of 200 (two hundred) nautical miles from the baseline from which the width of the territorial sea is measured. Letter c The continental shelf covers the seabed and subsoil from the area below the sea surface located outside the territorial sea, along the natural prolongation of the land area to the outer periphery of the continent or to a distance of 200 (two hundred) nautical miles from the baseline where the territorial sea is measured; in the event that the outer border of the continent does not reach that distance to a maximum of 350 (three hundred fifty) nautical miles or up to a distance of 100 (one hundred) nautical miles from the isobath of 2,500 (two thousand five hundred) meters. Paragraph (3) Self-explanatory. 27 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Paragraph (4) Self-explanatory. Article 8 Self-explanatory. Article 9 Self-explanatory. Article 10 Self-explanatory. Article 11 Paragraph (1) Self-explanatory. Paragraph (2) Letter a Self-explanatory. Letter b "unauthorized broadcasts" is the sound transmission of radio or television broadcasts from ships or installations in the high seas intended for reception by the public that are contrary to international regulations, but do not include transmission of requests for help. Letter c Self-explanatory. Letter d Hot pursuit in the high seas is carried out on foreign vessels or one of its boats alleged of violating the law as a continuation of uninterrupted pursuit of inland waters, archipelagic waters, territorial sea, or the Indonesian Contiguous zone. Letter e Self-explanatory. Letter f Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Article 12 Self-explanatory. 28 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Article 13 Self-explanatory. Article 14 Paragraph (1) "blue economy" is an approach to improve sustainable marine management and Sea conservation and coastal resources and their ecosystems in order to realize economic growth with principles including community involvement, resource efficiency, minimizing waste, and multiple revenue. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Article 15 Self-explanatory. Article 16 Self-explanatory. Article 17 Self-explanatory. Article 18 Self-explanatory. Article 19 Self-explanatory. Article 20 Self-explanatory. Article 21 Self-explanatory. Article 22 Paragraph (1) Self-explanatory. 29 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Paragraph (2) Self-explanatory. Paragraph (3) "living resources" includes fish, coral reefs, seagrass beds, mangroves, and other Sea biota. "non-living resources" includes sand, Sea water and seabed minerals. "artificial resources" includes Sea infrastructure related to Marine affairs and fisheries. "environmental services" in the form of natural beauty, the surface of the seabed where underwater installations are related to Marine and fisheries, and Sea wave energy. Article 23 Paragraph (1) "Non-conventional natural resources" means natural resources that have not been utilized optimally. Paragraph (2) Self-explanatory. Article 24 Self-explanatory. Article 25 Paragraph (1) Self-explanatory. Paragraph (2) "biotechnology industry" is a set of technologies that adapt and modify biological organisms, processes, products and systems found in nature for the purpose of producing goods and services. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Article 26 Self-explanatory. Article 27 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) 30 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Self-explanatory. Paragraph (4) Letter a Self-explanatory. Letter b Self-explanatory. Letter c Self-explanatory. Letter d Self-explanatory. Letter e Self-explanatory. Letter f Self-explanatory. Letter g "Construction services" means consulting services for construction work planning, construction work implementation services, and construction supervision consulting services. Letter h Self-explanatory. Paragraph (5) Self-explanatory. Article 28 Self-explanatory. Article 29 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) "latest generation vessels" are vessels designed to build using advanced technology, environmentally friendly, and have a high level of safety in operation. "hub port" is the primary port that serves activities and offloads national and international Sea transportation in massive quantity and very wide shipping range as well as is a node in international Sea transportation network. Paragraph (4) Self-explanatory. 31 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Article 30 Self-explanatory. Article 31 Self-explanatory. Article 32 Paragraph (1) "buildings and installations at the Sea" is any construction, both above and/or below the sea surface, which is attached to land, or which does not stick to the land, including construction of reclamation, marine tourism infrastructure, and infrastructure transportation. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) "considering the sustainability of coastal, marine and small island resources" includes protection against coastal erosion and protection of coastal and marine ecosystems. Paragraph (5) Self-explanatory. Article 33 Self-explanatory. Article 34 Self-explanatory. Article 35 Self-explanatory. Article 36 Self-explanatory. Article 37 Paragraph (1) Development of systems for research, development and application of Marine science and technology, includes marine bio-pharmacology. Paragraph (2) Self-explanatory. 32 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Article 38 Self-explanatory. Article 39 Self-explanatory. Article 40 Paragraph (1) Self-explanatory. Paragraph (2) Letter a Self-explanatory. Letter b "spatial data" is data relating to the spatial location which is generally in the form of a map. Letter c Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Article 41 Self-explanatory. Article 42 Self-explanatory. Article 43 Paragraph (1) Sea space planning is a process for producing Sea spatial plans and/or zoning plans to determine the structure of the Sea space and the pattern of the Sea space. Sea space structure is the central arrangement of Marine growth and Sea infrastructures and facilities network system that serves to support socio-economic activities that have a hierarchical functional relationship. 33 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Sea space patterns include public utilization areas, conservation areas, sea lanes, and certain national strategic areas. Sea space planning is used to determine the area used for economic, social and cultural purposes, for example, fisheries activities, Sea transportation infrastructure, maritime industry, tourism, settlements, and mining; to protect the sustainability of Marine Resources; and to determine waters to be utilized for shipping lanes, submarine pipes/cables, and migration of marine biota. Letter a National sea spatial planning covers territorial waters and territorial jurisdictions. Letter b Self-explanatory. Letter c Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) The national strategic area zoning plan (kawasan strategis nasional/KSN) is a plan prepared to determine the direction of national strategic area utilization. The zoning plan for certain national strategic areas (kawasan strategis nasional tertentu/KSNT) is a plan prepared to determine the direction of spatial use in certain national strategic areas. "cross-region area" is defined as including: a. bays, for example Tomini Bay, Bone Bay, and Cendrawasih Bay; b. straits such as the Makassar Strait, Sunda Strait and Karimata Strait; and c. Sea such as Java Sea, Arafura Sea and Sawu Sea. Paragraph (5) Self-explanatory. Article 44 Paragraph (1) Letter a The formulation of strategic policies for the operationalization of spatial plans and/or zoning plans shall be carried out to determine the pattern of the Sea space into public use areas, conservation areas, certain national strategic areas, and sea lanes. Letter b The formulation of sectoral programs is the elaboration of the use of space and its financing in stages in accordance with the period of indication of the main program of spatial utilization contained in spatial and/or zoning plans. Letter c Self-explanatory. Paragraph (2) 34 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Self-explanatory. Article 45 Paragraph (1) The actions of monitoring, evaluating, and reporting on the management of the Sea space are activities of observing, assessing the level of achievement of the plan objectively, and providing information on the results of the evaluation openly. Paragraph (2) Self-explanatory. Article 46 Self-explanatory. Article 47 Paragraph (1) "location permit" includes permits granted to utilize space from part of the sea waters covering the sea surface and the water column to the bed and subsoil surface up to certain limit of area. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Article 48 Self-explanatory. Article 49 Self-explanatory. Article 50 Letter a Sea conservation is carried out to protect, preserve and utilize Sea resources, including the ecosystems, species, and genetics to ensure the existence, availability and sustainability by maintaining and improving the quality of the value of the diversity of Sea resources. Sea conservation efforts include the protection and preservation of Sea biota with far range and migration such as reptiles (various types of sea turtles) and Sea mammals (whales and dugongs) and in the context of protecting cultural sites and Sea geomorphological features such as the Sea mount. Letter b "control of Sea pollution" is an activity that includes prevention, management and recovery. 35 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Letter c "disaster management" is a series of efforts which include the establishment of development policies that are at risk of disasters, disaster prevention activities, emergency response and rehabilitation. Letter d "damage" means direct and/or indirect changes to the physical, chemical, and/or living features of the Sea environment which have an adverse effect on Sea resources, human health, and other Marine activities. Article 51 Self-explanatory. Article 52 Self-explanatory. Article 53 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) Letter a "red tide phenomenon" is a natural phenomenon of Sea water that changes color caused by phytoplankton that causes mass death of Sea biota, changes in community structure of aquatic ecosystems, and poisoning that can cause death to humans because phytoplankton produces toxins. Letter b Self-explanatory. Letter c Self-explanatory. Letter d "thermal dispersion" is the distribution of heat at the Sea. Letter e Self-explanatory. Paragraph (4) Self-explanatory. Article 54 Self-explanatory. 36 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Article 55 Self-explanatory. Article 56 Self-explanatory. Article 57 Self-explanatory. Article 58 Self-explanatory. Article 59 Self-explanatory. Article 60 Self-explanatory. Article 61 Self-explanatory. Article 62 Self-explanatory. Article 63 Paragraph (1) Letter a Self-explanatory. Letter b "submitting the vessel to the relevant authorities" may be carried out at the Sea or at the nearest port. Letter c Self-explanatory. Paragraph (2) Self-explanatory. Article 64 37 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Self-explanatory. Article 65 Self-explanatory. Article 66 Letter a "permanent employees" are employees who come from the internal of Maritime Security Agency. Letter b "assisting employees" are employees who come from law enforcement agencies which assist the Maritime Security Agency. Article 67 Self-explanatory. Article 68 Self-explanatory. Article 69 Self-explanatory. Article 70 Self-explanatory. Article 71 Self-explanatory. Article 72 Self-explanatory. Article 73 Self-explanatory. Article 74 Self-explanatory. SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 5603 38 / 39 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata 39 / 39 DISCLAIMER "This translation was produced by Hukumonline for the purpose of understanding Indonesian law only and does not constitute an official translation published by the Indonesian Government. Hukumonline has made every effort to ensure the accuracy and completeness of the information that is contained within this translation, however, we are not responsible for any errors, omissions and/or mistakes that occur in the source text. Hukumonline reserves the right to change, modify, add or remove any errors or omissions without any prior notification being given. These services are not intended to be used as legal references, advice and/or opinions and no action should be taken as regards the reliability of any of the information contained herein without first seeking guidance from professional services." DIVA | DIUNDUH PADA 21 AGUSTUS 2023
