to Indonesian
That to implement provisions in Article 4A paragraph (3) of Law No. 10/1995 concerning Customs as amended by Law No. 17/2006 concerning the Amendment to Law No. 10/1995 concerning Customs, it is necessary to stipulate Government Regulation concerning the Control on the Transport of Specified Goods in the Customs Area;
1. Article 5 paragraph (2) of the 1945 Constitution;
2. Law No. 10/1995 concerning Customs (Statute Book No. 75/1995, Supplement to Statute Book No. 3612) as amended by Law No. 17/2006 concerning Amendment to Law No. 10/1995 concerning Customs (Statute Book No. 93/2006, Supplement to Statute Book No. 4661);
GOVERNMENT REGULATION CONCERNING THE CONTROL ON THE TRANSPORT OF SPECIFIED GOODS IN THE CUSTOMS AREA
In this Government Regulation:
1. Law is Law No. 10/1995 concerning Customs as amended by Law No. 17/2006 concerning Amendment to Law No. 10/1995 concerning Customs.
2. Customs Area is the territory of the Republic of Indonesia covering land, waters, and air space over them, as well as specified places in the exclusive economic zone and the continental shelf, in which the Law prevails.
3. Specified Goods are goods set by the relevant technical agency as goods whose transportation in the customs areas is subject to be controlled.
4. Transportation Control is the control on the seaborne transport of specified goods from one place to another in the customs area.
5. Transport means is ship in any form and type, driven by mechanical power, wind power, or towed, including mechanically supported vehicle as well as floating instrument and non-mobile floating buildings.
6. Transporter is an individual or corporate body, proxy, or party responsible for the operation of transport means transporting specified goods.
7. Customs notification is a statement made by an individual or corporate body to fulfill customs obligation in the form and under conditions set by the law.
8. Minister is the Finance Minister of the Republic of Indonesia.
9. Customs Office is the office under the preview of the Directorate General of Customs and Excise where customs obligation is fulfilled in accordance with the Law.
(1) The transport of Specified Goods in the Customs Area shall be subject to be controlled.
(2) The Specified Goods as intended in paragraph (1) shall be set by the relevant technical agency and notified to the Minister through the minister overseeing trade.
(3) In setting the specified goods as intended in paragraph (2), the relevant technical agency shall coordinate with the minister overseeing trade.
(4) Based on the notifications as intended in paragraph (2), the Minister shall instruct the Director General of Customs and Excise to conduct the control on the transport of Specified Goods.
(5) The Transportation Control shall be conducted at the time of loading and unloading in the Customs Area.
(6) In specified cases, control can be conducted at the time of transportation in the Customs Area.
(1) The seaborne transport of Specified Goods in the Customs Area shall use Transport Means operated by a national sea transport company holding a Sea Transportation Business Permit or Special Sea Transportation Operation Permit or by a smallholder shipping company.
(2) Before loading specified goods onto the Transport Means, the person who is to transport the specified goods shall notify the activity to the customs and excise official at the Customs Office of loading using a Customs Notification.
(3) The Customs Notification as intended in paragraph (2) shall be accompanied by required documents from the relevant technical agency.
The transport of specified goods by a transporter shall be accompanied by a customs notification.
(1) Before Transport Means arrives, the transporter that is to unload specified goods from the transport means shall notify the planned arrival of the transport means to the Customs Office of unloading.
(2) Before unloading specified goods from the transport means, the transporter shall submit customs notification.
(3) In case of emergency, the transporter can first unload specified goods from transport means outside the destination port of unloading.
(4) The transporter as intended in paragraph (3) shall:
(1) Specified goods shall be subject to customs inspection.
(2) The customs inspection as intended in paragraph (1) shall cover document verification and physical inspection.
(3) The physical inspection as intended in paragraph (2) shall be conducted in specified cases.
(4) The customs inspection as intended in paragraph (1) can be conducted in the place of loading, on board the transport means, and/or the place of unloading.
Further provisions on the procedures of providing services to and conducting the control on the transport of specified goods will be governed by Ministerial Regulation.
This Government Regulation shall come into force as from the date of promulgation.
For public cognizance, this Government Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on January 16, 2009
THE PRESIDENT OF THE REPUBLIC OF INDONESIA,
signed,
DR. H. SUSILO BAMBANG YUDHOYONO
Elucidation of Government of the Republic of Indonesia regulation No. 3/2009 Concerning the control on the transport of specified goods in the customs area