The Unitary State of the Republic of Indonesia as set forth in 1945 Constitution has sovereignty and jurisdiction over the Indonesian water territory and authority in the framework of stipulating of provisions on utilization of fish resources, either for fish catching or fish breeding and to improve prosperity and justice for optima! utilization for the sake of the nation and the state according to conservation of fish resources and the environment thereof and sustainable national fishery development.
Furthermore, as a legal consequence of the ratification of United Nations' Convention on Law of the Sea of 1982 by virtue of Law No.17/1985 on United Nations' Convention on the Law of the Sea of 1982 places Indonesia to have the right to utilize, to conserve, and to process fish resources in the Indonesian Exclusive Economic Zone and the open seas implemented according to the applicable international conditions or standards.
Fishery plays an important and strategic role in national economic development, especially in improving of extension of work opportunities, even distribution of income, and improvement of living standards of the nation in general, small fishermen, small fish breeders, and business performers in the fishery business in observance of environmental conservation, conservation and availability of fish resources.
Law No.9/1985 on Fishery could not anticipate fishery development at present and in, the future, because in the fishery field, there has been very significant changes, either those relating to the availability of fish resources, conservation of fish resource environment, or development of fishery cultivation methods more effectively, efficiently, and up-to-date so that fishery cultivation needs to be implemented carefully based on the principles of benefit, justice, partnership, even distribution, integration, openness, efficiency, and sustainable conservation.
To guarantee optimal and sustainable cultivation of fish resources, the role of fishery supervisors and the society in the monitoring of fishery affairs have to be improved efficiently and effectively.
Law enforcement in the field of fishery becomes very important and strategic in the framework of supporting of fishery development effectively and according to the fishery cultivation methods so that fishery development may run sustainably. Therefore, legal certainty is one of the absolute requirements, which is necessary. This Law provides more clarity and legal certainty on law enforcement of criminal acts in fishery affairs consisting of investigation, prosecution, and examination in court sessions, therefore the authorities of investigators, general prosecutors, and judges in handling criminal acts in the fishery affairs have to be stipulated.
In performing investigation, prosecution, and examination in court sessions, other than acting in accordance with the procedural law as set forth in Law No.8/1981 on Criminal Procedural Law, this Law also stipulates Criminal Procedural Law and any other procedural law (lex specialis). Law enforcement on criminal acts in the fishery field occurring up to this time proves that it is facing various obstacles. Therefore, a specific law enforcement relating to the material and formal laws is required. To guarantee legal certainty, either on the stages of investigation, prosecution, or examination in court sessions, a time span will be determined so that in this Law, procedural law (formal law) will more rapidly be formulated.
To increase efficiency and effectiveness of law enforcement on criminal acts in the fishery field, this Law rules about the establishment of court of fishery affairs within the environment of the general judicature, which, for the first time, is established at the Lower Courts of North Jakarta, Medan Pontianak, Bitung, and Tual. Yet, however, considering that it requires some preparations, the established court of fishery affairs will start to operate not later than 2 (two) years since the date of enforceability of this Law. The court of fishery affairs is authorized to examine, hear, and rule criminal acts in the fishery field, which will be conducted by a panel of judges consisting of 1 (one) career judge of the lower court and 2 (two) ad hoc judges.
Keeping in mind the fishery development at present and in the future, this Law rules about matters relating to:
Based on the foregoing considerations, this Law is the renewal and perfection of regulations in fishery affairs to replace Law No.9/1985 on Fishery.
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Fish cultivation outside the Indonesian Fish Cultivation Territory" is fish cultivation in the open seas.
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Traditional law and/or local point of view used as consideration in fish cultivation shall not be in violation with the national law.
Clause a
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Clause b
"Potentiality and allocation of fish resources" includes migrating fish.
Clause c
"Permitted quantity of fish caught" is the quantity of fish resources, which are allowed to be caught within the Indonesian Fish Cultivation Territory in obser vance of the conservation thereof so that accurate data and information on the availability of fish resources, which are accountable, are necessary, either scientifically or factually in each catching area. Additionally, the application of the permitted quantity of fish caught must observe international liabilities in the fishery field.
Clause d
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Clause e
"Potentiality and allocation of mothers and germs of certain kinds of fish" is the mothers and germs of certain kinds of fish caught from nature.
Clause f
"Size of fishing gears" also includes measures of seine head.
Clause g
"Fish catching means" is facilities, equipments, or other materials used to assist in the framework of efficiency and effectiveness of fish catching, such as lights, artificial breeding place and artificial ridges of rocks.
Clause h
"Fish catching time or season is the decided opening and closing of area or season of catching to give an opportunity for the recovery of fish resources and the environment thereof.
Clause i
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Clause j
"Fishing boat monitoring system" is a form of system of monitoring in fish catching using a fishing boat monitoring unit. For example: Vessel Monitoring System (VMS).
Clause k
In the effort to increase productivity of the waters, new kinds of fish can be spread, which will possibly bring a negative effect on the conservation of the local fish resources that it must be considered so that the new kinds/specifies of fish can adapt to the local fish resource environment and/or do not harm the originality of fish resources.
Clause l
"Breeding-based fish catching" is the catching of fish resources grown as a result of re-spreading of fish.
Clause m
According to technological development, fish breeding is no longer limited to ponds or coastal ponds, but is also done in rivers, lakes, and seas. Because those waters relate to public interest, designatjori of location and size of area and the methods used are necessary so that it will not disturb public interest. Other than that, provisions with the intention to protect fish breeding, for example, pollution to fish resource environment, have to be stipulated.
Clause n
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Clause o
There are several methods, which may be used in implementing rehabilitation and improvement of fish resources and the environment thereof, among other things, by planting or reforestation of mangrove forests, installation of artificial rock ridges, making of protecting/ breeding places for fish, increase of fertility of the waters by fertilizing or adding of types of food, making of fish migrating channel, or dredging of water surface.
Clause p
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Clause q
"Fish sanctuary" is a certain water area, either fresh water, brackish water, or salt water with certain conditions and characteristics, as places for protection/ breeding of certain fish resources functioning as a protecting area.
Clause r
The designation of epidemics and areas of fish epidemics is intended so that the society will learn that there are epidemics in certain areas, and the Minister will determines steps for the prevention of spread of the epidemics from one area to another.
Clauses s
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Clauses t
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"National commission" means a group, which reviews the potentiality of fish resources consisting of experts, higher learning institutions, and the relevant government institutions having specialty in fish resources.
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"Types of fish" are:
All includes the parts thereof and protected fish.
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The use of chemical substances, biological substances, explosives, means and/or methods, and/or structures, which may harm and/or damage conservation of fish resources and the environment thereof not only kills fish directly, but also endangers human health and harms fishermen and fish breeders. If damage occurs as a result of use of the foregoing substances and materials, recovery into the original condition requires a long time, even may cause extinction.
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The prohibition to use fishing gears and/or fish catching means is necessary to prevent the use of tools, which may harm the conservation of fish resources and the environment thereof because the Indonesian Fish Cultivation Territory is very vulnerable to use of fishing gears, which are not according to the characteristics of the nature and the availability of various types of fish resources in Indonesia, and to prevent the catching of types of fish, which are not the target of fish catching.
The prohibition as set forth in clauses a, b and c is contained in the license to catch fish and is an integral part of the boat used to catch fish.
Clause a
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Clause b
"Closed or semi-closed open seas" is bay, basin, or sea surrounded by two or more countries connected to another sea territory or ocean by a nar;ow channel or consisting entirely or mainly of territorial waters and exclusive economic zones of two or more coastal countries.
"Pocket area" is an open sea surrounded by exclusive economic zones of several countries, for example, northern part of Papua where there is an open sea bordered with Indonesian Exclusive Economic Zone, Papua New Guinean Exclusive Economic Zone, Palau Economic Zone, and Exclusive Economic Zone of Federation State of Micronesia.
Clause c
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Membership of the government in regional and international cooperation shall be implemented selectively.
In certain cases, the government is expected to actively sponsor the establishment of regional and international institutions for the progress of fishery development in Indonesia.
"Critical condition" means a serious decline as a result of over-catching of certain types of fish, the condition where fish epidemics spread, or big changes as a result of environmental changes due to pollution affecting the availability of fish resources that must be handled and requires immediate settlement.
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"Pollution to fish resources" means the mixing of fish resources, living creatures, substances, energy and/or other components as a result of human act so that the number of fish resources is declining, not functioning properly, and/or dangerous for those who exploit them.
"Damage to fish resources" means decline in the potentiality of fish resources, which may endanger the conservation thereof in certain water territories as a re sult of the act of a person and/or corporation causing disturbances to the biological balance or lifecycle of fish resources.
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Conservation areas relating to fishery are, among other things, ridges of rock, padang laum, mangrove, swamps, lakes, rivers, and reservoir, which are deemed important to be conserved. In this case, the government may designate conservation areas, among other things, as natural water sanctuary, national water park, tourist water park, and/or fish sanctuary.
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"Sperm plasma" means a substance existing in a group of living creatures and is a resource or generative characteristics, which may be utilized and developed or assembled into new leading species.
This provision is intended to protect the existing sperm plasma so that it will not be lost, extinct, or damaged, other than to protect the existing ecosystem into the Indonesian Fish Cultivation Territory or fish as a result of purification, either locally or abroad.
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"New types of fish" means non-original fish and/or fish not originating from nature (land and sea territory of Indonesia) familiar and/or known to be introduced.
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"Candidate mothers" is fish as a result of selection, which is prepared to become mothers.
"Fish mothers" is fish, which, at certain age and size, has been matured and id used to produce germs; and fish germs are fish, at certain age, form, and size, which is not yet matured.
For the purpose of increase of production through fish quality improvement as a result of breeding, new types and/or species of fish, which are not available locally, are required. Yet, the introduction of new types of fish from abroad may introduce and spread dangerous pests and epidemics and/or may become predators or competitors causing scarcity of types of local fish. Therefore, the introduction of which must be done pursuant to the applicable regulations. Regulations on exit of types of candidate mothers, mothers, and germs of fish from the Indonesian Fish Cultivation Territory shall be done to guarantee breeding of new types of fish sustainably.
This prohibition is intended to protect the existing fish resources so that they will not be lost or become extinct, especially Indonesian indigenous fish species and also intended to protect Indonesian indigenous ecosystem.
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"Facilities for fish breeding" consist of, amongst others, fish food, fish medicine, fertilizers, and fish baskets.
"Infrastructures for fish breeding" are, amongst others, ponds, coastal ponds, and coastal pond channels.
In regulating and developing of fish breeding facilities and infrastructures, the Minister will coordinate with the relevant institution.
Each type of fish cultivated/bred requires different requirements and technological class. Therefore, arrangement of water utilization and fish breeding area are required so that the distribution and utilization of water can be done optimally according to the technical requirements for fish breeding and the use of areas endangering fish breeding may be prevented, including the availability of green belt.
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"Management of health of fish and the environment thereof" is an effort conducted in the framework of maintaining and recovering of balance of the environment, fish security, and fish epidemics by implementing prevention, medication, and arrangement of use of medicine for fish.
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The management of health of fish and the environment thereof must be implemented collectively by the government and the relevant institution and by placing the society as the main performer in identifying fish pests and epidemics, identification, prevention, elimination, and control of health of fish, and problems of breeding environment.
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"Cultivation of fish" is a series of activities and/ or treatments from fish raw materials up to finished products for human consumption.
"Fishery product" means a product in the form of whole fish or a product containing parts of fish, including those processed by any means with fish as the main raw material.
"Cultivation worthiness" is a condition fulfilling the basic principles of processing consisting of construction, location arrangement, sanitation, hygiene, raw material selection, and processing techniques.
"Quality guarantee system and safety" is a prevention effort that must be observed and implemented since pre-production up to distribution to produce qualified fishery products, which are safe for human consumption.
Clause a
"Quality monitoring and control" is all activities of evaluating, examining, monitoring, sample taking, testing, correcting, validating, auditing, verifying, and calibrating in the framework of providing of quality guarantee and safety of fishery products.
Clause b
"Standards of quality" consist of, amongst others, size, quantity, appearance, specifications of fishery products, and fish processing output.
Clause c
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"Handling" is a series of activities and/or treatments of fish without changing the structure and basic form.
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To guarantee rights of consumers of fish and fishery products, the products must be safe, healthy, and not expired.
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"Certificate of health for human consumption" is a certificate issued by a laboratory appointed by the government indicating that fish and fishery products have fulfilled the requirements of quality guarantee and safety for human consumption.
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SIKPI, as set forth in this Article, is original copy of SiKPI and not the photocopy and/or copy, which is in conformity to the original copy.
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SIKPI, as set forth in this Article, is original copy of SIKPI and not the photocopy and/or copy, which is in conformity to the original copy.
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"Fish catching and/or fish breeding not for commercial purposes" is an activity operated by an individual or government institution or private institution in the framework of education, elucidation, research or other scientific activities, hobbies, and/or recreations.
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In the framework of control of utilization/exploitation of fish resources, arrangement and control over the procurement of new and/or old boats have to be done so that it is in accordance with the supporting power of fish resources.
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Registration of fishing boat in the fishing boat register book is to comply with the required issuance of SIPI/SIKPI. The register book is intended not as grosse akta (deed, which can directly be executed) of registration of vessel, which is a condition for the issuance of Certificate of Nationality of Indonesian Vessel, for boats sailing with an Indonesian flag.
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A fishing boat, which will obtain certificate of nationality, must first be registered in the fishing boat register book.
"Certification of identification" is a certificate or statement indicating, amongst others, identity of type of boat, size of boat, catching area, register number, and place of registration.
The obligation to keep fishing gears in the hold is applicable for all fishing boats with a foreign flag crossing the Indonesian water territory, Indonesian Island Seaweed (ALKI), and ZEII.
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"Fishing boat with certain size and type" is a boat used by small fishermen.
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In the framework of fishery development, the government shall construct and develop fishery ports, amongst others, as places for mooring of fishery boats, places for fish landing, places for marketing and distribution of fish, places for development of quality of fishery products, places for collection of data on fish caught, places for elucidation and development of fishermen society, and places for smooth operations of fishing boats.
Clauses a
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Clauses b
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Clauses c
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Clause d
To support and guarantee smooth operations of fishery ports, borders of work and operational territory in geographical coordinates must be determined.
In case that the work and operational territory of a fishery port is bordered with and/or has similar interest with another institution, designation of the bor ders shall be done through coordination with that institution.
Clause e
A private party may construct fishery port with the Minister's approval.
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"Loading and unloading of fish" includes fish landing.
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The port authority that will be appointed by the Minister, must first attend education and training on port authority affairs held by the institution responsible in port authority affairs.
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A fishing boat sailing not from a fishery port and from a port constructed by a private party, may only be possible if that place does not have any fishery port.
Fishing boats sailing not from fishery port are, amongst others, boats sailing from fish catching port, public port, and other ports, must obtain SLO from the fishery supervisor.
This provision is only applicable for fishing boats in that area, which does not have any fishery port or public port, and other facilities. In relation to this matter shipping license is issued by the local port authority.
In the framework of arrangement of plan of development of fishery information system and statistics and evaluation into the progress thereof, data on tech niques, production, processing, marketing of fish, and socio-economic data describing about utilization of the available fish resources is required.
The data and information are, amongst others:
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Every person operating fish catching or breeding business in the seas or other waters in the Indonesian Fish Cultivation Territory, will be imposed with fish ery levy because they have directly enjoyed the benefit of fish resources and/or the environment thereof.
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The provision on research and development is intended to convey any basic problems regarding fish resources and the environment thereof and the technology relating to fish catching, fish breeding, and fish processing and socio-economic problems of fishery affairs.
The implementation of research and other scientific activities must be intended to obtain scientific information on fish resources and the environment thereof and socio-economic problems of fishery affairs, improvement of technology or new technology in fish catching, fish breeding, and fish processing, which can be used as basis for the arrangement of policy on the processing of fish resources and fishery development.
Research and development performed by a state research and development institution (including those performed by non-departmental government institutions, state enterprises and/or regional enterprises).
In relation to the implementation of research and development in fishery affairs, international cooperation is implemented frequently. This is implemented in relation to, among other things:
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Education and/or training of international standards is arranged by a governmental institution responsible in the fishery affairs in all levels, namely, training units, vocational schools, and higher learning institutions, among other things, according to technology of fish catching, fish breeding, processing, machinery, and elucidation.
"Relevant institutions" consist of governmental institutions and non-governmental institutions.
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The provincial government and the regental/municipal government, in their respective areas, must empower small fishermen and small fish breeders.
The development of small fishermen and sm9 fish breeders is as a means to enable empowerment through the activities as set forth in clauses a and b.
"Society" includes of non-governmental institutions.
paragraph (1)
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paragraph (2)
"Selected commodities of fish" means types of fish, which are not prohibited by the government to be cultivated in accordance with the provisions of the applicable laws.
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"Security/safety of food from fish" is a condition or effort required to prevent food from pollution by biological substance, chemical substance, or other materi als that may disturb, harm, or endanger human health, including the use of fish catching and/or breeding methods that may damage the ecosystem and conservation of fish environment.
Registration of self, businesses, and activities for small fishermen and small fish breeders, other than implemented by themselves, the institution for fishery affairs must also be actively do registration in the framework of collection of data and information for the development of fishery business and cultivation of fish resources.
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Supervisors are, amongst others:
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"Non-civil servant investigator of fishery affairs" is another civil servant of fishery affairs, which is a non-investigator, but is authorized to perform supervision.
Participation of the society in assisting monitoring is, for example, by reporting to law enforcing apparatus if there is an assumption of criminal act in fishery affairs.
In the framework of monitoring and development, the government shall build, provide, and/or construct monitoring facilities and infrastructures, which are, amongst others:
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"Fishery monitoring boat" is a government-owned boat with special signs to conduct monitoring and law enforcement in fishery affairs.
Detention of ship shall be implemented in the framework of an act of bringing a boat to the nearest port and/or waiting for the following processes, and it is temporary.
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Coordination is needed, other than to accelerate the performance of investigators' duties, it is also intended to accelerate communications and exchange of data, information, and any other matters necessary in the framework of effectiveness and efficiency in the hanc1ing and/or settlement of criminal acts in fishery affairs.
According to the requirements, a coordinating forum for the handling of criminal acts in fishery affairs may be established in the regions.
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"Ad-hoc judge" is a person from the fishery environment, amongst others, higher learning institution in the fishery field, organization in the fishery field, and having of expertise in the law on fishery.
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"Reasonable amount of guarantee" is the amount of guarantee decided based on prices of boat, ship equipment, and output of the activities thereof, and amount of total maximum monetary charge.
"Materials and/or tools" are, amongst others, fishing gears, fish caught, and the boats used to catch and/or transport fish, and so forth.
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The authorized lower court " means the court as set forth in Law No.4/2004 on Judicial Power."
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SUPPLEMENT TO STATUTE BOOK OFTHE REPUBLIC OF INDONESIA NO.4433
No.31/2004