Government Regulation No 69/2001

dated Octoberr 17, 2001

SEAPORT AFFAIRS

THE PRESIDENT OF THE REPUBLIC OF INDONESIA

Considering :

a. that in the framework of implementing the regional autonomy, regional governments are
given role in the management of seaport affairs;

b. that regulation on seaport management need to be revised and re-arranged so as to be in

line with the regional autonomy;

c. that based on the considerations in letters a and b, it is deemed necessary to replace

Government Regulation No 70/1996 on seaport affairs;
In view of :

1. Article 5 paragraph (2) of the Constitution of 1945 as already amended by the Second
Amendment to the Constitution of 1945;

2. Law No 21/1992 on navigation (statute Book of 1992 No 98 , Supplement to Statute

Book No 3493);

3. Law no 1/1995 on state limited liability companies (statute Book of 1995 No 13,
Supplement to Statute Book No 3587);

4. Law No 22/1999 on regional administration (Statute Book of 1999 No 60, Supplement to

Statute Book No 3839);

5. Law No 25/1999 on the financial equilibrium between the central government and
regional government (Statute Book of 1999 No 72, Supplement to Statute Book No
3848);

6. Government Regulation No 12/1998 on limited liability companies (Statute Book of 1998

No 15, Supplement to Statute Book No 3731) jo Government Regulation No 45/2001 on
the amendment to Government Regulation NO 12/1998 on limited liability companies
(Statute Book of 2001 No 68, Supplement to Statute Book No 4101);

7. Government Regulation No 25/2000 on the authority of the government and the authority
of provinces as autonomous regions (Statute Book of 2000 No 54, Supplement Book No
3952);

DECIDES
To Stipulate :

THE GOVERNMENT REGULATION ON SEAPORT AFFAIRS

 CHAPTER I
GENERAL PROVISION

Article 1

Referred to in this government regulation as :

1. Seaport shall be a place consisting of mainland and surrounding waters with certain
boundaries as a venue of public administration and economic activities, which is used as
the place of ships to take shelter or berth, load and discharge passengers and/or load/
upload goods that is equipped with navigation safety facilities and seaport supporting
activities as well as place of the intra and inter-transport moda change;

2. Seaport affairs shall include all matters connected with seaport operational activities and
other activities to perform the function of a seaport to support the smooth,, safe and
orderly traffic of ships, passengers and/or goods, navigation safety, place of intra and
inter-moda transfer as well as to boost the national and regional economies;
3. General seaport shall be a seaport managed for public navigation interest;

4. Mainland seaport shall be a certain be a certain area in the main land having clear
boundaries, equipped with loading/ unloading facilities , collection square and
warehouses as well as transport infrastructures and facilities of goods by means of special
packaging and functioning as a general seaport;

5. Special seaport shall be a seaport managed for personal interest to support certain
activities;

6. Navigation safety shall be a condition in which requirements for safety of transportation

on waters and seaport affairs are fulfilled;

7. General seaport operators shall be seaport technical executing units/working units or

seaport management companies;

8. Special seaport operators shall be the central government, provincial governments,

regency/city governments or Indonesia statutory bodies having licenses to manage special
seaport;

9. Seaport technical executing units/working units shall be organizational units of the

government, provincial governments and regency/city governments;

10. Seaport management companies (BUP) shall be states owned enterprises and/or regional
administration owned companies specifically established to provide seaport services at
general seaport;

11. Indonesia statutory bodies shall be business entities owned by the state and/or regional
administration and/ or private companies and/or cooperatives;

12. Seaport working area shall be waters and mainland area at general seaport directly used
for seaport activities;

13. Seaport interest area shall be waters area around the working area of a general seaport
used for guaranteeing navigation safety;

14. National seaport arrangement shall be a national seaport system containing hierarchy,
 function, classification, kind, operation, activity, intra and inter-mode integration as well
as integration with other sectors;
15. The government shall be the central government;
16. Minister shall be the minister responsible for navigation affairs;

17. Governor shall be the head of a provincial region as meant in the regional autonomy
legislation;
18. Regent shall be the head of a regency as meant in the regional autonomy legislation;

19. Mayor shall be the head of city as meant in the regional autonomy legislation.

CHAPTER II
NATION SEAPORT ARRANGEMENT

Article 2

1. Seaport as a navigation element shall be a place to provide seaport services, implement

public administration activities and other economic activities, which is managed
integrated to realize the provision of seaport services in accordance with the degree of the
need.

2. The seaport as meant in paragraph (1) shall be managed in a unit of the national seaport
arrangement to realize the operation of seaport which is reliable, and highly capable,
guarantees national efficiency and global competitiveness in the framework of supporting
the national and regional development.

3. The national seaport arrangement as meant in paragraph (2) shall be stipulated by the
minister.
Article 3

1. The national seaport arrangement as meant in Article 2 paragraph (2) shall be formulated
by observing :
a. regional layout;
b. national transportation system;

c. economic growth;

d. national and international sea transport patterns/ lanes;

e. environmental conservation
f. navigation safety; and

g. national standardization, criteria and norms.

1. The national seaport arrangement as meant in paragraph (1) shall contain at least
activities, role and functions, classifications and kinds of seaport .
Article 4

1. Seaport according the activities as meant in Article 3 paragraph (2) shall consist of
 seaports serving the following activities :
a. sea transport hereinafter called seaports;

b. river and lake transport hereinafter called river and lake harbors;

c. ferry transport hereinafter called ferry harbors.

1. seaports according to role as meant in article 3 paragraph (2) shall constitute :

a. a knot in transportation networks according to their hierarchy;

b. gateway of regional, national and international economic activities;

c. inter-change place of transport moda;

d. support of industrial and trading activities;

e. distribution, consolidation and production place.

1. seaports according to the function as meant in Article 3 paragraph (2) shall be directed to
serve :
a. public administration activities;

b. seaports based service activities;

c. regional service activities;

d. seaport supporting activities.

1. seaports according to the classifications as meant in Article 3 paragraph (2) shall be

stipulated by observing:
a. seaport facilities;

b. seaports operational activities;

c. role and function of seaports.

1. seaports according to the kind as meant in Article 3 paragraph (2) shall consist of :

a. general seaports used for serving public interest;

b. special seaports used for personal interests to support certain activities.

Article 5

1. The hierarchy of role and function of seaport as meant in Article 4 paragraph (1) letter a
shall consist of :
a. hub international seaports being the main primary seaport;

b. international seaport being the main secondary seaport;

c. national seaport being the main tertiary seaport;

d. regional seaport being the enticing primary seaport;
e. local seaport being the enticing secondary seaport.

1. The hierarchy of role and function of the ferry seaports as meant in Article 4 paragraph
(1) letter c shall consist of :
a. inter-provinces and state ferry seaport;

b. inter-regency/city seaport;

c. intra-regency/city seaport.

1. The hierarchy of role and function of the special seaports as means in Article 4 paragraph
(5) letter c shall consist of :
a. national / international special seaports;
b. regional special seaports;

c. local special seaports.

Article 6

1. The hub international seaport being the main primary seaport as meant in Article 5
paragraph (1) letter a shall be stipulated by observing :
a. affinity to international markets;

b. affinity to international shipping lanes;

c. affinity to lanes of Indonesias archipelago sea channel;

d. role as the place of loading transfer of international passengers and goods;

e. certain distance to other hub international seaports;

f. having seaport technical condition protected from wave with certain size of mainland and
waters;
g. volume of loading and unloading activities.

1. The international seaport being the main secondary seaports as meant in Article 5
paragraph (1) letter b shall be stipulated by observing :
a. affinity to national and international shipping lanes;

b. as the place of loading transfer of national passengers and goods;

c. certain distance to other international seaports;

d. having seaport technical condition protected from wave with certain size of mainland and
waters;
e. volume of loading and unloading activities.

1. The national seaport being the main tertiary seaport as meant in Article 5 paragraph (1)
letter c shall be stipulated by observing :

a. government policies covering the equitable distribution of national development and

 driving up regional growth;

b. as the place of loading transfer of national passengers and goods and capable of handling
semi containers;
c. certain distance to other national seaports;

d. certain distance to national shipping lanes/routes;

e. having seaport technical protected from wave with certain size of mainland and waters;

f. affinity to inter-island shipping lanes/traffic;

g. located in (close to ) regional growth centers of regency/city capital and national growth
areas;
h. volume of loading and unloading activities.

1. The regional seaport being the enticing primary seaport as meant in Article 5 paragraph
(1) letter d shall be stipulated by observing :
a. government policy supporting economic growth centers;

b. provinces and equal distribution of development between provinces;

c. function as at the place of service for inter-regency/ city passengers and goods;

d. certain distance to other regional seaports;

e. having seaport technical condition protected from wave with the certain size of mainland
and waters;
f. volume of loading and unloading activities.

1. The local seaport being the enticing secondary seaport as meant in Article 5 paragraph (1)
letter e shall be stipulated by observing :
a. government policies to support economic growth centers;

b. regencies/cities and equitable distribution as well as the enhancement of regency/city

development;

c. function to serve inter-district passengers and good within a regency/city for the need of
sea and/or water transport moda;

d. having seaport technical condition protected from wave with the certain size of mainland
and waters;
e. volume of loading and unloading activities.

Article 7

1. The inter-province and inter-state ferry seaport as meant in Article 5 paragraph (2) letter a
shall be stipulated by observing the function of road that it links, namely national and
inter-state road.

2. The inter regency/city ferry seaport as meant in Article 5 paragraph (2) letter b shall be
stipulated by observing the function of road that it links, namely provincial road.
3. The inter regency/city ferry seaport as meant in Article 5 paragraph (2) letter c shall be
stipulated by observing the function of road that it links, namely regency/city road.
Article 8

1. The national/international special seaport as meant in Article 5 paragraph (3) letter a shall
be stipulated by the following criteria :
a. the weight of ship is 3,000 DWT or more;
b. the length of tier is 70 M or more,

c. the depth in the front of tier is 5 M LWS or more;

d. providing service for dangerous and poisonous materials (B3);

e. serving inter-province and international shipping activities.

1. The regional special seaport as meant in Article 5 paragraph (3) letter b shall be
stipulated by the following criteria :
a. the weight of ship is more than 1,000 DWT and less than 3,000 DWT;

b. the length of tier is less than 70 M with the concrete/steel construction;

c. the depth in the front of tier is less than 5 M LWS;

d. not providing service for dangerous and poisonous materials (B3);

e. serving inter regency/city shipping activities in a province

1. The local seaport as meant in Article 5 paragraph (3) letter c shall be stipulated by the
following criteria :
a. the weight of ship is less than 1,000 DWT;

b. the length of tier is less than 50 M with the wood construction;

c. the depth in the front if tier is less than 4 M LWS;

d. not provider service for dangerous and poisonous materials (B3);

e. serving intra regency/city shipping activities.

Article 9
1. The general seaport as meant in article 4 paragraph (5) letter a shall be operated by :

a. the government , whose implementation can be delegated to state owned enterprises;

b. provincial and regency/city government, whose implementation can be delegated to

regional administration owned enterprises.

1. The special seaport as meant in Article 4 paragraph (5) letter b shall be operated by the
government, provincial government, regency/city governments and Indonesia statutory
bodies.

2. The special seaport shall constitute a seaport managed to support certain activities which
 is stipulated by observing :
a. government policies to support economy;

b. functioning to serve the transport of raw materials, production and production supporting
equipment;
c. having certain distance to general seaports;

d. having seaport technical condition protected from wave with the certain size of mainland
and waters areas.
4. The general and special seaport according to the operation shall be distinguished by :

a. seaports open for international trade;

b. seaport not open for international trade.

Article 10

Further provisions on the activity, role and function, classification, kind and hierarchy of the
seaports as meant in Article 4 and 5 shall be regulated by a decree of the minister.
Article 11

1. the minister shall execute seaport related fostering which covers aspects of regulation,
supervision and control over activities of development, enhancement of efficiency and
development of seaport to create the national seaport arrangement

2. The regulatory activity as meant in paragraph (1) shall include the activity of stipulation
of policies on the seaport affairs.
3. The supervisory activity as meant in paragraph (1) shall cover :

a. the monitoring and evaluation of development, operational and expansion activities of

seaports;
b. correction of development, operational and expansion activities of seaports.

1. The controlling activity as meant in paragraph (1) shall include :

a. granting directives and guidances in the implementation of development, operational and

expansion activities of seaports; and

b. guiding and counseling communities with regard to rights and obligations of users of
seaports services.

1. In order to ensure the smooth implementation of the seaport-related fostering by the

minister as meant in paragraph (1), governors can be asked to coordinate the management
of seaports and several kinds of authority delegated to regents/mayors as meant in Article
14 paragraph (2) and (3) , Article 18 paragraphs (1) and (2), Article 21 paragraphs (2) and
(5), Article 25 paragraph (3) and (4), Article 26, Article 28 paragraph (2) and (3), Article
29 paragraphs (2) and (3), Article 36 paragraph (1), Article 44 paragraph (3), Article 45,
Article 50 paragraph (1) , Article 53 paragraph (1), Article 54 paragraph (1), Article 58
paragraph (1), Article 60 paragraph (1) and Article 65 paragraph (2).
 CHAPTER III
STIPULATION OF SEAPORT LOCATION,

SEAPORT MASTER PLANS, SEAPORT WORKING AREAS

AND SEAPORT INTEREST AREA

Part One

Stipulation of seaport location

Article 12

1. The minister shall stipulate seaport location on he basis of the national seaport
arrangement, after securing recommendations from provincial governments, regency/ city
governments in accordance with their authority to ensure the integration with spatial
plans of provinces and regencies/ cities.

2. The seaport location as meant in paragraph (1) shall be set forth on the basis of
geographical coordinate.

3. In the stipulation of the seaport location as meant in paragraph (1), the following aspects
shall be observed :
a. national seaport arrangement;

b. lay-out plans of regencies/cities and spatial plans of provinces;

c. technical feasibility;

d. economic feasibility;

e. economic growth and social development;

f. environmental feasibility;
g. integration of intra and inter moda;

h. accessibility to hinterland;

i. navigation security and safety; and

j. state defense and security.

1. Further provisions on guidelines for the stipulation of seaport location as meant in

paragraph (1) shall be set forth by a decree of minister .
Part Two

Seaport Master Plans

Article 13

1. In the interest of operation of general seaports, operators of seaports shall be obliged to

formulate seaport master plans in the location already stipulated as meant in article 12
paragraph (1)
2. Seaport master plans shall be formulated by observing :
a. national seaport arrangement;

b. lay-out plans of regencies/cities and spatial plans of provinces;

c. navigation security and safety;

d. harmony and balance with other related activities in locations of seaports;

e. technical, economic and environmental feasibility;

f. related licenses already obtained.

1. The seaport master plans as meant in paragraph (1) shall include :

a. land allocation plans;

b. waters allocation plans

1. The land and waters allocation plans as meant in paragraph (3) for determining the need
for placement of seaport facilities and operational activities shall cover :
a. seaport service activities;

b. public administration activities;

c. region-based service activities;

d. seaport supporting activities.

1. The land allocation plans as meant in paragraph (3) letter a for the provision of activities
of :
1. Principal facilities shall include :

a. tier;

b. line warehouse;
c. line 1 collection square;

d. passenger terminal;

e. container terminal;
f. ro-ro terminal;

g. waste collection and treatment facilities;

h. bunker facilities;

i. fire extinguisher facilities;

j. warehouse facilities of dangerous and poisonous materials / goods (B3);

k. maintenance and repairing facilities of navigation auxiliary equipment and

facilities (SBNP).
1. Supporting facilities, shall include :
a. office building complex;

b. post and telecommunications facilities;

c. tourism and hotel facilities

d. drinking water, electricity and telecommunications installations;

e. road and railway track network;

f. waste water, drainage and garbage network;

g. seaport development area;

h. waiting place of motor vehicles;

i. trading complex;

j. industrial estate;

k. other public amenities (worship place, park, recreational place, sport facilities,
green lane and health facilities.

1. The waters allocations plans as meant in paragraph (3) letter b for the provision of
activities of :
1. principal facilities shall include :

a. shipping lane;
b. berthing waters;

c. seaport pool for the need of docking and turning basin;

d. waters for loading transfer of ships;

e. water for ships carrying dangerous materials/ goods;

f. water for quarantine activities;

g. water for intra-seaport connecting lane;

h. waters for piloting purpose;

i. waters for government ships.

1. supporting facilities, shall include :

a. waters for long-term seaport development;

b. waters for ship building and maintenance facilities ;

c. waters for place of trial run of ships (sailing test)

d. waters for place of dead ships;

e. waters for emergency purposes;

 f. waters for recreational activities (marine tourism)
Article 14

1. Operators of seaports shall propose the stipulation of seaport master plans to the minister,
governors, regents/mayors in accordance with their scopes of authority.
2. Seaport master plans for seaports shall be stipulated as follows :

a. hub international, international and national seaports are stipulated by the minister after
securing recommendations from governors and regents /mayors;

b. regional seaports are stipulated by governors after securing recommendation from regents
/ mayors;
c. local seaports are stipulated by regents/ mayors.

1. Seaport master plans for ferry harbors shall be stipulated as following :

a. inter-provinces and inter-state ferry harbors are stipulated by the minister after securing
recommendations from governors and regents/mayor;

b. inter-regency / city ferry harbors are stipulated by governors after securing

recommendations from regents/ mayors;
c. intra-regency/city ferry harbors are stipulated by regents/mayors.

1. The seaport master plans shall become the binding basis for the stipulation of policies to
execute seaport development, operational and expansion activities in accordance with
their roles and functions.
Article 15

1. In the stipulation of the seaport master plans as meant in Article 14. The minister,
governors, regents/mayors shall examine the following aspects :
a. national seaport arrangement;

b. navigation security and safety;

c. land and waters utilization plans;

d. short, middle and long term plans for seaport operational activities ; and

e. technical, economical and environmental feasibility.

1. The planning period of seaport master plans shall include :

a. long-term, more than 15 (fifteen) years up to 25 (twenty five) years;

b. middle-term, more than 10 (ten) years up to 15 (fifteen) years;

c. short-term, 5 (five) years up to 10 (ten) years.

1. Operators of seaport shall be obliged to review short, middle and long term seaport
master plans at least every five years and in the case of any change, the plans will be re-
stipulated by the minister, governors, regents/mayors in accordance with their scope of
authority as meant in Article 14 paragraph (2) and (3).
 Part Three

Seaport working areas and seaport interest areas

Article 16

1. In the interests of operation of general seaport, limits of seaport working areas and
seaport interest areas shall be stipulated on the basis of the seaport master plans already
stipulated

2. Limits of seaport working areas and seaport interest areas shall be set forth by
geographical coordinate for guaranteeing seaport activities.
3. General seaport working areas shall consist of :

a. mainland working areas used for activities of principal and supporting activities ;

b. waters working areas used for activities of shipping lane , berthing waters, waters for
inter-ship loading transfer, seaport pool for the need of berthing and turning basin,
piloting, repairing and others.

1. General seaport working areas shall constitute waters seaport outside waters working
areas used for shipping lane from and to seaport, the need for emergency conditions, long
term seaport development, placement of dead ships, sailing test, piloting activities and
ship building and ship building and maintenance facilities.
Article 17

1. operations of seaport shall propose the stipulation of seaport working areas and seaport
interest areas as meant in Article 16 to the minister, governors, regents/mayors in
accordance with their scopes of authority.

2. The minister, governors, regents/mayors shall examine the proposals as meant in

paragraph (1) with regard to :

a. maps of the proposed plans for seaport working areas and seaport interest areas complete
with coordinate points on topographic and sea maps;
b. study on aspects of navigation security and safety;
c. study on environmental aspect.

Article 18

1. The stipulation of seaport working areas and seaport interest areas shall be done as
follows :

a. the minister stipulates hub international, international and national seaport working areas
and seaport interest area after securing recommendations from governors and/or
regents/mayors;

b. governor stipulate regional seaport working areas and seaport interest areas after securing
recommendation from regents/mayors;
c. regents /mayors stipulate local seaport working areas and seaport interest areas.
1. The stipulation of ferry-harbor working areas and ferry harbor interest areas shall be done
as follow :

a. the minister stipulates inter-province and inter-state ferry-harbor working areas and ferry-
harbor interest areas after securing recommendations from governors and/or
regents/mayors;

b. governors stipulate inter-regency/city ferry-harbor working areas and ferry harbors

interest areas after securing recommendations from regents/Mayors;

c. regents/mayors stipulate inter-regency/city ferry-harbor working areas and ferry-harbor

interest areas.

1. The general seaport working areas and general seaport working areas and general
seaport interest areas as meant in paragraphs (1) and (2) already stipulated shall become
the basis for executing seaport activities.
Article 19

The operation of general seaports shall be given land and water title to undertake seaport
activities in accordance with laws in force.
Article 20

1. In the general seaport working areas as meant in Article 16 paragraph (3), operators of
seaports shall have the following obligations :
a. In main land working areas of seaports :
1. Installing marks of limits according to limits of working areas already stipulated;

2. Installing billboard containing information on limits of mainland working areas of

seaports;
3. Safeguarding assets which are owned;

4. Settling certificates of land title according laws in force.

a. In waters working areas of seaport :

1. In stalling marks of limits according to limits of waters working areas already

stipulated;

2. Informing players of seaport activities about limits of waters working areas of

seaports;
3. Making shipping navigation auxiliary facilities available;
4. Providing and maintaining seaport pool and shipping lane;

5. Maintaining the environmental conservation;

6. Safeguarding assets owned, such as seaports facilities on waters.

1. In the general- seaport interest areas as meant in Article 16 paragraph (4), the
government, provincial governments, regency/city governments in accordance to their
respective scope of authority shall be obliged :
 a. to make shipping navigation auxiliary facilities available;
b. to guarantee security and orderliness;

c. to provide and maintain shipping lane;

d. to maintain the environmental conservation; and

e. to supervise and control the use of coastal areas.

Article 21

1. Buildings of facilities only can be established on water edge in seaport working areas and
seaport interest areas after securing a license from the minister.

2. Dredging and reclamation activities in seaport working areas and seaport interest areas
only can be executed after securing license from the minister, governors and
regents/mayors in accordance to their respective scopes of authority.

3. The minister shall issued reclamation licenses in hub international, international and
national seaport working areas and interest areas after securing recommendations from
local regents/mayors about the conformance of the activity to lay-out plans of the
regencies/cities.
4. The activities as meant in paragraph (1) and (2) shall observe :
a. navigation safety;

b. national seaport arrangement;

c. lay-out plans of regencies/cities

d. seaport master plans;

e. environmental conservation

1. Licenses to enact buildings of other facilities on the water edge as meant in paragraph (2)
in seaport working areas shall be issued by regents /mayors in accordance with provisions
in force after observing technical considerations of seaport operators .

2. Further provisions on the dredging and reclamation activities in seaport working areas
and interest areas as meant in paragraph (2) shall be stipulated by a decree of the
minister.
Article 22

Operators of seaport shall apply for a right to the mainland resulting from reclamation, dredging
and land which floats to the surface in seaport working areas in according with laws in force.
CHAPTER IV

DEVELOPMENT AND OPERATION OF GENERAL SEAPORTS

Article 23

The development and operation of general seaports shall refer to :

a. seaport master plan;

 b. standards of design s for seaport building , lane, pool and equipment;
c. standards of reliability of seaport facilities and equipment;

d. standards of seaport operational service;

e. navigation safety; and

f. environmental conservation.

Article 24

The minister shall stipulate the seaport masterplans, standards of design for seaport buildings,
lane , pool and equipment, standards of reliability of seaport facilities and equipment, standards
of seaport operational service, navigation safety and the environmental conservation as meant in
article 23.
Article 25

1. The development of general seaport shall be done after fulfilling the following
requirements :
a. administrative affairs;
b. evidence of control over land and waters;

c. having the stipulation of seaport locations;

d. having seaport master plans;

e. seaport technical designs including land construction, hydrooceanographic and

topographic conditions, placement and construction of navigation auxiliary facilities,
shipping lane and seaport pool as ell as lay-out and capacity of equipment at seaports;
f. feasibility study at least containing :

1. technical feasibility which includes :

a. result s of seaports survey covering hydrooceanographic and geotechnical

conditions;

b. results of study on navigation safety covering the number, size and traffic
frequency of ships, plans for placement of shipping navigations auxiliary
facilities, shipping lane, seaport pool as well as piloting waters;
1. economic and/or financial feasibility;

2. environmental feasibility/assessment.

a. technical considerations of the minister in charge of water resource management in the

case of the development of river and lake ports.

1. In the case of the requirements as meant in paragraph (1) being fulfilled, a decision on the
implementation of the development shall be stipulated.

2. The issuance of the decision on the implementation of the development as meant in

paragraph (2) to general seaports shall be done by :
 a. the minister, in the case of hub international, international and national seaports ;
b. governors, in the case of regional seaports ;

c. regents/mayors, in the case of local seaports.

1. The issuance of the decision on the implementation of the development as meant in

paragraph (2) to ferry harbors shall be done by :
a. the minister, in the case of inter-province and interstate ferry harbors;

b. governors, in the case of inter-regency/city ferry harbors;

c. regents/mayors, in the case of intra-regency/city ferry harbors.

1. The development of seaports shall be done on the basis of technical guidelines on the
development of seaports stipulated by a decree of the minister.
Article 26

The government, provincial governments and /or regency/city governments can build new
general seaports by referring to the national seaport arrangement and complying with the
provisions set forth in this government regulation.
Article 27

In undertaking the development of seaports, operators of general seaports shall be obliged :

a. to abide by legislation and provisions on seaport affairs, transport traffic on water,

navigation safety and the environmental conservation.
b. to obey legislation issued by other government institutions;

c. to hold responsibility for impacts arising from the implementation for the development of
the general seaports;

d. to execute development jobs of general seaports not later than one year as from the date
of issuance of decision on the implementation of development;

e. to execute development work of general seaports in accordance with the seaport master
plans already stipulated;

f. to report activities of development of general seaport periodically to the minister,

governors, regents/mayors in accordance with their respective scopes of authority.
Article 28

1. General seaport shall be operated after fulfilling the following requirements :

a. the development of seaports has been executed in accordance with requirements for the
developments as meant in article 25;
b. navigation security, orderliness and safety;

c. the availability of facilities to ensure the smooth flow of passengers and goods;
d. environmental management;
e. the availability of executors of seaports activities;
f. having service system and procedure ; and

g. the availability of human resources in the seaport operational technical field that have
qualifications and certification stipulated by a decree of the minister.

1. In the case of the requirements as meant in paragraph (1) being fulfilled, a decision of the
operation of seaports shall be stipulated.

2. The issuance of the decision on the operation of seaports as meant in paragraph (2) to
general seaports shall be done by :
a. the minister, in the case of hub international, international and national seaports;

b. governors, in the case of regional seaports;

c. regents/mayors, in the case of local seaports.

1. The issuance of the decision on the implementation of the development as meant in

paragraph (2) to ferry harbors shall be done by :
a. the minister, in the case of inter-province and inter state ferry harbors;
b. governors, in the case of inter regency/city ferry harbors;

c. regents/ mayors, in the case of intra regency/city ferry harbors.

1. Further provisions on the guidance for the operation of the seaports as meant in paragraph
(2) shall be stipulated by a decree of the minister.
Article 29

1. The operational capacity of general seaport can be increased to 24 (twenty four) hours
after observing the navigation safety, seaport , and sea-transport traffic facilities.

2. Based on the proposal of operators of seaports, the 24 hour operational service can be
stipulated by :

a. the minister or the appointed officials, in the case of hub international , international and
national seaports;
b. governors, in the case of regional seaports;

c. regent/mayors, in the case of local seaports.

1. Based on the proposal of operators of ferry harbors, the 24-haour operational service can
be stipulated by :

a. the minister or the appointed officials , in the case of inter-province and inter state ferry
harbors;
b. governors, in the case of inter regency/city ferry harbors;
c. regents/mayors in the case of intra regency/city ferry harbors.
1. Guidelines on the operation of seaports for 24 hours as meant in paragraph (1) shall be
stipulated by a decree of the minister.
Article 30
1. requirements for the stipulation of seaport operation for 24 hours shall include :

a. lane conditions covering the depth, low tide shipping navigation auxiliary facilities;

b. readiness of piloting service;

c. readiness of seaport facilities

d. readiness of warehouse outside seaport;

e. security and orderliness;

f. readiness of operational human resources and loading and unloading personnel;

g. recommendations of officials executing the function of navigation safety.

1. The requirements as meant paragraph (1) letters b,d and f shall not apply to ferry harbors.

Article 31

1. Seaports can have their operational capacities increased from seaport facilities serving
public goods to seaport facilities serving the transport of containers and liquid and dry
bulk after fulfilling requirements.

2. The increase in capacities of seaport facilities from facilities serving conventional goods
to become seaport facilities serving the transport of containers and liquid and dry bulk
shall be stipulated by the minister on the basis of proposals of seaports operators.
3. The requirements as meant in paragraph (1) shall be as follow :

a. in the case of facilities aiming at serving the transport of containers :

1. having service system and procedure;

2. having human resources at the adequate quantity and quality;

3. readiness of permanent anchoring facilities of first-generation ships;

4. the availability of installed and mobile equipment for loading and unloading
containers;
5. collection square and special warehouse of containers;

6. reliability of operational system to use on-line information networks internally

and externally;
a. in the case of facilities aiming at serving the transport of liquid and dry bulk :

1. readiness of permanent anchoring facilities in accordance with kinds of ships;

2. the availability of equipment for loading and unloading bulk;

3. reliability of operational system to use on-line information networks internally

 and externally;
4. having service system and procedure;

5. having human recourses at the adequate quantity and quality.

1. Further provisions on the requirements and process of the increase in operational

capacities of seaport facilities as meant in paragraph (2) and (3) shall be stipulated by a
decree of the minister.

Article 32

Operators of general seaports already securing licenses to operate shall be obliged :

a. to abide by legislation and provisions on service and the environmental conservation;

b. to obey legislation issued by other government institutions ;

c. to hold responsibility for the operation of the relevant general seaports ; and

d. to report operational activities to the minister, governors, regents/mayors in accordance

with their respective scopes of authority every month.
CHAPTER V

THE IMPLEMENTATION OF ACTIVITIES AT

GENERAL SEAPORTS

Article 33

1. Executors of activities at general seaports shall consist of government institution, seaport

operators and Indonesia statutory bodies providing services at seaports to ensure the
smooth traffic of ships, passengers and goods.
2. The government institution as meant in paragraph (1) shall be holder of function of :

a. navigation safety;

b. customs and excise;

c. immigration;

d. quarantine;

e. security and orderliness

1. The seaport operators as meant in paragraph (1) shall constitute :

a. seaport technical executing /working units at general seaport seaports operated by the
government, provincial government, regency/city governments;

b. executing units of seaport management companies at general seaports operated by seaport

management companies.

1. The Indonesia statutory bodies as meant in paragraph (1) shall constitute Indonesia
 statutory bodies undertaking activities at seaports.
Article 34

1. Government institutions at seaports shall consist of :

a. the executor of the function of navigation safety, having the tasks of :

1. overseeing the traffic of ships coming in and out of seaports;

2. overseeing the fulfillment of requirements for seaworthiness of ships;

3. overseeing the pilotage and towing of ships as well the provisions and
maintenance of shipping lane;
4. preventing and overcoming the pollution of seaport waters;

5. taking safeguarding and disciplining measures in seaport working areas and

seaport interest areas to ensure the smooth operation of seaports;
6. overseeing the development/expansion and operation of seaports.

a. the executor of the customs and excise function having the task of supervising and
safeguarding the implementation of custom legislation and other laws delegated to the
relevant executor.

b. The executor of the immigration function, having the task of overseeing the traffic of
people from and/or to other countries in connection with immigration affairs;

c. The executor of the quarantine function, having the task of overseeing people , plans
animal and fish in connection with the quarantine affairs

1. The function of public security and orderliness at seaport shall be executed in accordance
with laws in force.
Article 35

1. The government shall continue to execute the function of safety as meant in Article 34
paragraph (1) letter a at seaport whose operation is entrusted to provincial governments
and regency/city governments.

2. The government shall execute the function of safety as meant in Article 34 paragraph (1)
letter a new seaport built by the government, provincial governments and/or regency/city
governments.
Article 36

1. The implementation of public administration activities and provision of seaport services

shall be coordinated by officials holding the function of coordination that are appointed
by the minister, governors and regent/mayors in accordance with their respective scopes
of authority.

2. The official holding the coordination function as meant in paragraph (1) shall have the
following tasks and authority :

a. to coordinate activities of government institutions concerned and activities of provisions

of seaport services to ensure the smooth execution of operational task at seaports;
b. to settle problems capable of disturbing the smooth execution of operational activities of
seaport which cannot be settled by government institutions, seaport management
companies and other working units concerned.

1. Further provisions on the coordination of implementation of activities at seaports as

meant in paragraphs (1) and (2) shall be regulated by a decree of the minister.
CHAPTER VI

PROVISION OF SEAPORT SERVICES AT

GENERAL SEAPORTS
Article 37

The provision of seaport services at general seaports shall be done by :

a. seaport technical executing /working units at general seaports operated by the

government, provincial governments and regency/city governments;

b. executing units of seaport management companies at general seaports operated by seaport

management companies.
Article 38

1. The seaport services as meant in Article 37 shall include :

a. provisions of seaport and waters pool for the traffic of ships and berthing place;
b. provision of service connected with pilotage and towing of ships;

c. provision of and rendering of services for warehouse and collection square of goods,
transport on seaport waters, loading/unloading equipment as well as seaport equipment;

d. provision of land for various buildings and fields in connection with interests in ensuring
the smooth operation of sea transport and industry;

e. provision of road and bridge networks waiting place of motor vehicles , water disposal
channel ,electricity installation, drinking water installations, fuel oil depots and fire
extinguisher;
f. provision of services for terminal of container, liquid bulk, dry bulk and roll on roll over;

g. provision of other services able to support the provision of seaport services.

1. The provision of the seaport services as meant in paragraph (1) shall constitute the
seaport core business which is designated for :
a. the smooth of intra-and/or inter-transport mode transfer;

b. the center of service activities; and

c. the center of distribution and consolidation of goods.

1. The pier- based services as meant in paragraph (1) letter c can be provided and rendered
specifically for self interest to support certain activities under joint cooperation with
operators of general seaports on the basis of the mutually beneficial principle.
2. Further provisions on the guidelines on the provision and rendering of the pier-based
services as meant in paragraph (3) shall be stipulated by a decree of the minister.
Article 39

1. Provision of seaport services at general seaport by seaport technical executing/working

units can be delegated to seaport management companies.

2. The delegation of the provisions of seaport services as meant in paragraph (1) shall be
done after fulfilling the following criteria :
a. financial aspect;
b. operational aspect;

c. facility aspect.

1. Further provision on the delegation of seaport services as meant in paragraph (2) shall be
regulated by a decree of the minister.
Article 40

1. Provision of seaport services at fishery seaport as fishery infrastructure shall be regulated

and stipulated by the minister responsible for fishery affairs.

2. The provisions in this government regulation shall apply to provision of the seaport
services as meant paragraph (1) in the navigation safety aspect.
CHAPTER VII

SEAPORT SUPPORTING BUSINESS ACTIVITIES

Article 41

1. In the framework of ensuring the smooth provision of seaport services at general seaport,
seaport supporting business activities can be executed.
2. The seaport supporting business activities as meant paragraph (1) shall consists of :

a. activities excluding from seaport principal business, which can cover :

1. provision of office building in interest of users of seaport services;

2. provision of industrial estate;

3. provision of trading complex.

a. activities supporting the smooth operation of seaport capable certain conditions unless
they are available, which can include :
1. provision of waste collection facilities;

2. provision of container depot;

3. provision of warehouse services.

a. activities supporting the smooth operation of seaport and not affecting the smooth
operation of seaport unless they are existent, which include :
 1. public transport from and to seaport;
2. hotel, restaurant, tourism, post and telecommunications facilities;

3. provision of other public amenities.

1. Further provisions on the seaport supporting business activities as meant in paragraph (1)
and (2) shall be stipulated by a decree of the minister.
Article 42

Seaport supporting business activities can be executed by :

a. seaport technical executing/working units of the government , provincial government,

regency/city governments or seaport management companies;

b. Indonesia statutory bodies or individuals after being considered by seaport technical

executing units of the government, provincial governments, regency/city governments or
seaport management companies.
Article 43

Operators of the seaport supporting business activities as meant in Article 42 shall be obliged :
a. to maintain orderliness and sanitation of seaport areas which are used;

b. to avoid the occurrence of security disturbances and other matters capable of disturbing
the smooth execution of seaport operational activities conservation.
CHAPTER VIII

MAINLAND SEAPORT

Article 44

1. Mainland seaport shall constitute a certain place in the mainland which functions as
general seaport.
2. The minister shall stipulate locations of mainland seaports.

3. The minister, governors, regents/mayors shall stipulate the development and operation of
mainland seaports in accordance with authority in their main seaports.

4. The mainland seaport as meant in paragraph (2) shall be stipulated by observing the
following matters :
a. the availability of lane linking to seaports pen for international trade;

b. being located in regions potential in the production and trading sectors which have been
developed; and
c. lay-out plans of the relevant regions.

1. The development and operation of the mainland seaports as meant in paragraph (3) shall
fulfill the following requirements :
a. having licenses to stipulate locations;
 b. controlling a certain size of land plots as a working area; and

c. having infrastructures and technology so as to be capable of functioning as mainland

seaports.

1. Provisions effective for general seaports with regard to procedures for operation and
general provisions on export and import shall be enforced to mainland seaports.
Article 45

Provision of the services as meant in Article 38 paragraph (1) at mainland seaport shall
be done :

a. mainland seaport technical executing units of the government, provincial government,

regency/ city government; or
b. executing units of seaport management companies.
CHAPTER IX

JOINT COOPERATION

Article 46

1. In the provision of seaport services, seaport management companies can involve

provincial governments, regency/city government and other Indonesia statutory bodies
through joint cooperation.

2. The joint cooperation between seaport management companies and provincial

government, regency/city governments as meant in paragraph (1) shall be executed
comprehensively and nationally.

3. In executing joint cooperation with seaport management companies , the provincial

governments and regency/city governments shall establish regional administration-owned
companies especially set up to provide seaport services.

4. In executing the joint cooperation as meant in paragraph (2), seaport management

companies shall observe public interest and the mutually beneficial principle .

5. The mechanism of the joint cooperation as meant in paragraph (2) shall be further
regulated by a decree of the minister.
Article 47

1. The joint cooperation in the operation of the general seaports as meant in article 46 can
be executed in :
a. the building of seaport and waters pool for the traffic of ships and berthing place;

b. provision and rendering of pier-based services for anchoring, loading/unloading goods

and animals as well as provision of boarding/disembarking facilities for passengers;
c. provision of services connected with the provision of towing services for ships;

d. provision of and rendering of services for warehouse and collection square of goods,
transport on seaport waters, loading/unloading equipment as well as seaport equipment;
 e. provision of various building and fields on land in seaport working areas in interest in
ensuring the smooth provision of seaport services;

f. provision of road and bridge networks, waiting place of motor vehicles, electricity
installation, drinking water installation , fuel oil depots and waste collection facilities at
seaport;
g. provision of services for terminal of container, licit bulk, dry bulk and roll on roll over;

h. provision of other services able to support the provision of seaport services.

1. The joint cooperation as meant in paragraph (1) can be executed for a kind of service or
more in accordance with the provisions of law in force.
CHAPTER X

TARIFFS OF SEAPORT SERVICES

Article 48

Tariffs of seaport services shall be stipulated on the basis of kinds, structures and
categories of tariff by observing :
a. interest of public service;

b. enhancement of quality of seaport services provided;

c. interests of users of services;

d. better encouragement of provision of services;

e. return of investment;

f. business development.

Article 49
1. Kinds of tariffs of seaports services shall consists of :

a. Services for ships;

b. Services for goods;

c. Services for passengers;

d. Services for equipment;

e. Other seaport services

1. Structures of tariffs of seaport services shall constitute the tariffs multiplied by periods
and measurement units of every kind of seaport services or group of several seaport
services in a package of levies.

2. Categories of tariffs of seaports services shall constitute classifications of tariffs set forth
on the basis of kinds of seaport services, classification and facilities available at seaports.

3. Further provisions in the kinds, structure and categories of tariffs of seaport services as
meant in paragraphs (1) ,(2) and (3) shall be stipulated by a decree of the minister.
 Article 50

1. Tariffs of seaport services at general seaports operated by shall be stipulated by a

government regulation in the case of the seaports being operated by the government and
regional regulation in the case of the seaports are operated by provincial governments and
regency/city governments.

2. Tariffs of seaport services at general seaport operated by seaport management companies

shall be set forth by the seaport management companies after consulting with the
minister.
CHAPTER XI
SPECIAL SEAPORT

Article 51

1. Location of special seaport shall be an internal unit of the national seaport arrangement.

2. Locations of special seaport shall be stipulated by the minister after securing

recommendations from governors and regents /mayors.

3. Special seaports can be managed by the government, provincial governments,

regency/city governments or Indonesia statutory bodies for self interests in supporting
certain activities.
4. The management of special seaport as meant in paragraph (1) can done in the case of :

a. the existing general seaports being unable to provide seaport services for certain activities
because of the limited capacity of the available facilities;

b. on the basis of economic and technical operational considerations, navigation safety

being more effective and efficient and being better guaranteed if special seaports are built
and operated.
Article 52

1. The special seaport as meant in Article 51 paragraph (1) shall be located outside the
seaport working and interest areas being an integral unit of the national seaport
arrangement.
2. Special seaport areas shall cover mainland and waters, or waters.

3. The utilization of mainland areas at special seaport shall be done by special seaport
operators in accordance with laws in force.

4. The utilization of waters areas in interests of special seaport management shall be done
by observing :
a. shipping lane and ship routes;

b. turning basin;
c. emergency need;

d. berthing place of ships;

e. the environmental conservation ; and
f. defense and securing aspects.

1. Operators of special seaports shall be obliged to provide and maintain shipping

navigation auxiliary facilities, shipping lane, seaport pool and facilities needed for
ensuring the smooth traffic of ships and goods as well as the smooth execution of public
administration tasks at special seaports.

2. Further provisions on the utilization of waters areas for special seaports and the
obligations of operators of special seaports as meant in paragraphs 94) and (5) shall be
regulated by a decree of the minister.
Article 53

1. Dredging and reclamation activities on waters areas of special seaports shall be done after
securing licenses from the minister, governors, regents/mayors in accordance with their
respective scopes of authority.

2. Operators of special seaports can apply for right to mainland resulting from reclamation
in special seaport waters in accordance with laws in force.
Article 54

1. The building of special seaport shall be based on licenses issued by :

a. the minister, in the case of national/international special seaports;

b. governors, in the case of regional special seaports;

c. regents/mayors, in the case of local special seaports.

1. Special seaports shall be built after fulfilling the following requirements :

a. Administrative affairs, including :

1. deed of establishment of company;

2. taxpayer code number (NPWP);

3. core business license from the institution concerned;

4. deed/certificate of control over land;

5. proposal of action plan;

6. having stipulation of location of special seaport;

7. recommendation from the official executing the navigation safety function.

a. technical affairs, consisting of :

1. seaports master plan;

2. lay out of pier;

3. picture of construction of main building (blueprint, appearance and mode);
 4. hydrographic and topographic pictures , summary of reports on survey of law tide
and stream;
5. result of survey of soil condition;
6. results of study on navigation safety including shipping lane and seaport pool;

7. limits of mainland and waters areas, accompanied by points of geographical

coordinate;
8. environmental feasibility/assessment.

1. The approval of rejection of the building of special seaport as meant in paragraph (2)
shall be granted not later than 14 (fourteen) working days as from the date of receipt of
the complete applications.

2. The rejection of applications for the stipulation of the development of special seaports as
meant in paragraph (3) shall be conveyed in writing along with reasons for the rejection.
Article 55
The building and operation of special seaport shall refer to :

a. seaport master plans;

b. standards of designs for seaport buildings, lane , pool and equipment;

c. standards of reliability of seaport facilities and equipment;

d. standards of seaport operational service;

e. navigation safety; and

f. environmental conservation.

Article 56

The minister shall stipulates the seaport master plans, standards of designs for seaport
buildings , lane pool equipment, standards of reliability of seaports facilities and equipment,
standards of seaport operational services, navigation safety and the environmental conservation
as meant in article 55.
Article 57

In realizing the building of special seaport, the following matters shall be observed :

a. to abide by legislation and provision on seaport affairs , transport traffic on water,

navigation safety and the environmental conservation.

b. To obey legislation issued by other government institutions with regard to their core
business ;

c. To hold responsibility for impacts arising from the implementation of development of

special seaports;

d. To execute development jobs of general seaports not later than one year as from the date
of issuance of licenses of the building;
e. To execute development work of special seaports in accordance with the schedule
stipulated;

f. To report activities of development of special seaports periodically to the minister,

governors, regents/mayors in accordance with their respective scopes of authority.
Article 58

1. The operation of special seaports shall be based on licenses issued by :

a. the minister, in the case of national/ international seaports;

b. governors, in the case of regional special seaports;

c. regents/mayors, in the case of local special seaports

1. The operational licenses as meant in paragraph (1) shall be effective as long as operators
of special seaports still undertake their core business.
2. Special seaports shall be operated after fulfilling the following requirements :

a. the development of special seaports has been executed accordance with requirements for
the development as meant in article 54 paragraph (2);
b. navigation security, orderliness and safety;

c. environmental management;

d. having service system and procedure; and

e. the availability of human resources in the seaport operational technical field that have
qualification and certification stipulated by a decree of the minister.
Article 59

Operators of special seaports already securing licenses to operate shall be obliged :

a. to abide by legislation and provisions on navigation and the environmental conservation ;

b. to obey legislation issued by other government institutions connected with their core
business;
c. to hold full responsibility for the operation of the relevant special seaports; and

d. to report operational activities to licensers every month

Article 60

1. special seaports shall be prohibited from being used for public interest, except in certain
conditions licensed by the minister, governors, regents/mayors in accordance with their
scopes of authority as meant in article 54 paragraph (1) and article 58 paragraph (1).
2. The certain conditions as meant in paragraph (1) can be as in the form of :

a. the inability of general seaports to serve demand for seaport services because of the
limited capacity of the available facilities;

b. the outbreak of natural disaster and other natural events thus causing the dysfunction of
 general seaports ; or
c. the unavailability of general seaports and adequate transport mode in the relevant regions.

1. The licenses to used special seaports as meant in paragraph (1) only can be permitted if
the facilities available in the seaports are able to guarantee navigations safety and seaport
services are provided through cooperation with the nearest general seaport.

2. The use of special seaports for public interests shall only be provisional and in the case of
general seaport being already capable of functioning to serve public interest, the licenses
to use special seaports for public interests are revoked.
Article 61

1. In the case of special seaports being used for activities other than the certain activities as
meant in Article 60 paragraph (2) or being used for the public interest as meant in Article
60 paragraph (4), provisions on tariffs of services at general seaports shall be enforced in
accordance with laws in force.

2. The tariffs of seaport services as meant in paragraph (1) shall be collected by the operator
of the nearest general seaport in cooperation with operators of general seaports.

3. Further provisions on the collection of tariffs of seaport services and its procedure shall
be stipulated by a decree of the minister.
Article 62

1. licenses to operate special seaport can be transferred to other parties along with their core
business.

2. The transfer of licenses to operate special seaports as meant in paragraph (1) shall be
reported to the minister, governors, regents/mayors in accordance with their respective
scopes of authority as meant in Article 54 paragraph (1) and article 58 paragraph (1).

3. In the case of operators of special seaports no longer undertaking the core business, the
operators of special seaports shall be obliged to report to the minister, governors,
regents/mayors not later than 3 (three) month as from the date of discontinuation of the
core business.
Article 63

1. Licenses to building special seaport shall be revoked in the case of the licensees :

a. not executed the building work in one year after the date of issuance of licenses to build
the special seaports;
b. failing to continue the building work of the special seaports;

c. violating the obligation as meant in article 57;

1. Licenses to operate special seaports shall be revoked in the case of the licensees :

a. violating the obligations as meant in article 59, article 62 paragraphs (2) and (3);

b. using special seaports for public interest without the license as meant in article 60
paragraph (1)
 1. The revocation of the licenses to build and operate special seaports as meant in
paragraphs (1) and (2) shall be proceeded by the issuance of a written warning three
times consecutively at a time interval of one month.

2. In the case of the warning as meant in paragraph (3) being already issued but licensees of
special seaports make no improvement in accordance with the issued warning, licenses to
build and operate special seaports shall be revoked.
Article 64

Licenses to build and operate special seaports shall be revoked without the warning
process, if operators of the relevant special seaports :
a. undertake activities endangering the state security; or

b. obtain licenses to build special seaports through illegitimate means.

Article 65

1. The operational capacity of special seaports can be increased to 24 (twenty four) hours by
observing the availability degree of navigation safety , seaport and sea traffic facilities.

2. Based on proposals of operators of special seaports, the operational service for 24 (twenty
four) hours can be stipulated by :

a. the minister or the appointed officials, in the case of national /international special
seaports;
b. the governor, in the case of regional special seaports;

c. the regent/mayor, in the case of local special seaports.

1. Guidelines on the operation of seaports for 24 (twenty four) hours shall be regulated by a
decree of the minister.
Article 66
Requirements for stipulating the operation as seaports for 24 (twenty four) hours shall include :

a. lane conditions covering the depth, low ebb and auxiliary shipping navigation facilities;

b. readiness of piloting service;

c. readiness of seaport facilities;

d. readiness of warehouse outside seaports;

e. security and orderliness;

f. readiness of operational human resources and loading /unloading personnel;

g. readiness of land transport facilities;

h. recommendations from officials execution the navigation safety function.

CHAPTER XII

SAEPORTS OPEN FOR INTERNATIONAL TRADE

 Article 67
1. General and special seaports can be stipulated as seaports open for international trade.

2. Activities at seaports open for international trade shall include traffic activities of ships,
passengers, goods and/or animals

3. The seaports open for international trade as meant in paragraphs (1) and (2) can be called
on by Indonesian and/or foreign flag ships sailing from and/or to other countries.
Article 68

1. Seaports open for international trade shall be stipulated by considering :

a. the national seaport arrangement;

b. regional economic growth and developments driving up mobility of people, good and
vehicles from and to other countries;

c. interest in the development of capacity of national see transport, namely the increase in
joint cooperation between national shipping companies and foreign shipping companies
in the frame work of fulfilling demand for sea transport from and to other countries.

d. National economic development already increasing the participation of private sector and
communities in the national development so as so to demand the development of sea
transport service which has a broader sphere of service with better quality ;
e. Other national interest boosting other development sectors.
1. Requirements for stipulating seaports open for international trade shall be as follows:

a. administrative aspects covering :

1. recommendations from governors, regents/mayors;

2. recommendations from officials executing the navigation safety function at the

seaport;
a. economic aspect consisting of :
1. supporting certain industries;

2. flow of general goods totaling 10,000 tons per annum at the minimum;

3. flow of exported goods totaling 50,000 tons per annum at the minimum;

a. navigation safety aspect including :

1. the depth of waters in the front of quay is 6 M LWS at the minimum;

2. the size of pool is sufficient for turning basin of three ships at the minimum;

3. auxiliary shipping navigation facilities;

4. coast operation radio station;

5. piloting infrastructure, facilities and human re sources;
 6. patrol boat.
a. seaport facility technical aspects consisting of :

1. permanent concrete quay with one berthing place at the minimum;

2. closed warehouse;
3. loading /unloading equipment;

4. one unit of fire extinguisher;

5. bunker facility;

6. pollution prevention facilities.

a. office facilities and supporting equipment of customs and excise, immigration and
quarantine institutions.

1. In the case of the requirements as meant in paragraph (1) being already fulfilled , the
minister can stipulate seaports open for international trade after securing considerations
of the minister in charge of industrial and trading affairs as well as the minister
responsible for financial affairs.
CHAPTER XIII

WASTE COLLECTION FACILITIES AT SEAPORTS

Article 69

1. General and special seaport shall be equipped by facilities collecting waste or other
materials from ships that cause pollution.

2. Further provisions on the waste or other material collection facilities as meant in

paragraph (1) shall be stipulated by a decree of the minister.
Article 70

1. The waste or other material collection facilities as meant in Article 69 paragraph (1) shall
be stipulated by operators of general or special seaports.

2. Indonesia statutory bodies and/or Indonesia citizens can collect waste or other materials
from ships on the basis of the approval of operators of general or special seaports.

3. Further provisions on procedures for the operation of waste or other material collection
facilities at the seaports as meant in paragraph (1) shall be stipulated by a decree of the
minister.
CHAPTER XIV

COMPENSATION

Article 71

1. Every people and/or business entity undertaking activities at seaports shall be responsible
for compensating for any kind of damage in seaport buildings and/or facilities resulting
from their activities.
 2. The compensations as meant in paragraph (1) shall include cost of repair of the relevant
seaport buildings and/or facilities.

3. Owner and/or operators of ships causing the damage and/or dysfunction of buildings
and/or facilities of general seaports shall leave a guarantee for compensation before their
ships sail.
Article 72

The amount of the compensation as meant in article 71 paragraph (3) shall be determined
on the basis of degree of damage resulting from.
Article 73

1. The guarantee for the compensation as meant in article 71 paragraph (3) shall be given up
to the secretary of the public court overseeing the domicile of the relevant seaport.

2. The secretary of the public court as meant in paragraph (1) shall give up evidence of
depositing of a guarantee for compensation to grantors of the guarantee with a copy made
available to operators of general seaports.

3. In the case of grantors of guarantee already fulfilling the whole obligations connected
with their responsibility as meant in article 71 paragraph (3) , the guarantee for
compensation can be taken back.
Article 74

1. Operators of general seaports shall be responsible for losses of service users or other third
parties arising from mistake in the operation of seaports.

2. The amount of the compensation as meant in paragraph (1) shall be determined on the
basis of real losses that they suffer.
CHAPTER XV

MISCELLANY
Article 75

General seaports already operated by seaport management companies shall continue to be

operated seaport management companies.
Article 76

1. The operation of regional seaport operated by the government (seaport technical

executing units/ working units) shall be delegated to provincial governments as a
deconcentration task.

2. The operations of local seaports operated by the government (seaport technical executing
units/working units ) shall be delegated to regency/city governments as a decentralization
task.
Article 77

The operational status of general seaport operated by the seaport management companies
as meant in article 75, the provincial government as meant in article 76 paragraph (1), the
regency/city government as meant in article76 paragraph (2) shall remain unchanged unless the
hierarchy of their roles and function changes.
CHAPTER XVI
TRANSITIONAL PROVISION

Article 78

1. The government can start delegating or entrusting the operation of seaports (technical
executing units/working units) to provincial governments or regency/city governments in
accordance with the hierarchy of seaport function in 2002, as long as the budged and
statement of readiness of provincial governments or regency/city governments for the
operation of the seaports have been made.

2. With the enforcement of this government regulation, all seaports already existent and
operating shall remain able to operate with the provision that not later than one year as
from the date of promulgation of this government regulation, they must be adjusted to the
provisions stipulated in this government regulation.

3. In the case of the stipulation of general seaport working and interest areas resulting in the
need for the adjustment of status of special seaport or quay facilities which are built and
operated by the third party, the status shall be adjusted not later than one year as from the
date of stipulation of working and interest areas of the relevant general seaports.
CHAPTER XVII

CONCLUSION

Article 79

With the enforcement of this government regulation, all seaport legislation lower than
this government regulation shall be declared to remain effective as long as they do not
contravene this government regulation.
Article 80

With the enforcement of this government of this government regulation, government

Regulation No 70/1996 on seaport affairs (Statute Book of 1996 No 107, Supplement to Statute
Book No 3661 ) shall be declared null and void.
Article 81

This government regulation shall into force as from the date of promulgation.

For public cognizance, this government regulation shall be promulgated by placing in

Statute Book of the Republic of Indonesia.

Stipulated in Jakarta

On October 17, 2001

THE PRESIDENT OF THE REPUBLIC OF INDONESIA

 sgd
MEGAWATI SOEKARNOPUTRI

Promulgated in Jakarta
On October 17, 2001

THE SECRETARY OF THE STATE OF THE REPUBLIC OF INDONESIA

sgd

BAMBANG KESOWO

STATUTE BOOK OF THE REPUBLIC OF 2001 NUMBER 127

ELUCIDATION ON

GOVERNMENT REGULATION NO 69/2001

CENCERNING

SEAPORT AFFAIRS

GENERAL

The seaport as meant element in the provision of service plays a very important and strategic role
so that the state controls its operation and the government fosters it in the framework of
supporting, propelling and encouraging the accomplishment of national objectives, stipulating
the archipelago state concept and fortifying the national resiliency.

The fostering of seaport carried out by the government includes regulatory, controlling
and supervisory aspects. The regulatory aspect covers the formulation and stipulation of general
and technically operational policies. The controlling aspect includes the provision of directives
and counseling in the building and operation of seaports, while the supervisory aspect is applied
to seaport operation.

Seaport affairs are fostered in an integral part of the national seaport arrangement destined for
realizing the smooth, orderly, secure and safe navigation in the provision of seaport services,
guaranteeing legal and business certainty, encouraging the professionalism or economic players
at seaport, accommodating transport technology as well as enhancing the quality of service and
competitiveness by continuously prioritizing to public interest service.

With the promulgation of Law No 22/1999 on the regional administration and Law No
25/2000 on the authority of the government and the authority of provinces as autonomous
regions, it is necessary to re-arrange and re-regulate seaport affairs already stipulated in
Government Regulation No 70/1996 on seaport affairs.
For the purpose, this government regulation stipulates provisions on the national seaport
arrangement, stipulation of location, working areas and interest areas of general seaport,
provision of seaport services at general seaports, seaport supporting businesses, joint
cooperation, tariffs of seaport services, matters connected with special seaports, provisions on
seaports open for international trade, waste collection facilities at seaports as well as
compensation, to accommodate regional autonomy in the seaport field which wholly constitute
important elements in the operation of seaports so as to more efficient and effective
Article 1
Sufficiently clear

Article 2

Paragraph (1)

Sufficiently clear
Paragraph (2)

Since the goals and objectives of the formulation of the national seaport arrangement are
to ensure the proper organization of seaports in the geographical map in accordance with
their respective role by maintaining and preserving identities and integrity of the nation
and country as well as to create the efficient provision of public service nationally and
internationally as the manifestation of the authority of the government in the framework
of the macro national planning and control over the development in the seaport field,
seaport infrastructure networks need to be stipulated in the national seaport arrangement.

The national seaport arrangement is guidance in planning the development and expansion
of seaports throughout Indonesia, including general seaport, special seaport, ferry
harbors, river and lake ports, mainland ports and fishery seaports. It is intended to set up
an integrated, compatible and harmonious network of seaport infrastructures so as to be
synergic and characteristically dynamic.

The national seaport arrangement is expected to make the operation of seaport

create more reliable and high competitive; one seaport and other seaport will be mutually
synergic in accordance with roles and functions of the respective seaports.
Paragraph (3)

Sufficiently clear
Article 3

Paragraph (1)

Letter a

The lay out is spatial lay out of the national territory, provincial regions and regency/city
regions.
Letter b

Sufficiently clear
Letter c
 The economic growth is the economic of the relevant regions.
Letter d up to letter g

Sufficiently clear

Paragraph (2)
Sufficiently clear

Article 4

Paragraph (1)

Letter a

Seaports can be used for activities of boarding and disembarking passengers,

loading and unloading general goods, commodities of the same kind, and serving ships of
the same kind, such as coal seaports, fishery seaports as fishery infrastructure and
seaports of tourism ships as marina seaports.
Letter b

River and lake ports can be used for boarding and disembarking passengers or
loading and unloading goods.
Letter c

Ferry harbors can be used for serving ferry transport.

Ferry transport is meant to serve the transport of passengers and vehicles in ferry routes

Ferry route does not always connect two ferry harbors and is also possible to link
two seaports and river ports or connect seaport and ferry harbor served as ferry transport
and only serves public interests.

The stipulation of ferry harbors is done in the case of their development and
operation being destined for that and fulfilling the requirements for ports
Paragraph (2)

Sufficiently clear
Paragraph (3)

Letter a and b

Sufficiently clear

Letter c

Activities of regional services are trading complex and services of industrial

estate within seaport working areas as activities leading to consolidation of goods to
increase added value
Letter d

Seaport supporting activities are meant to accommodate demand and need for life
 support in areas already developing, such as tourism and recreational regions,
improvement of the environment and resettlement.
Paragraph (4 )
Sufficiently clear

Paragraph (5)

Letter a

Sufficiently clear
Letter b

Certain activities for individual interest are, among ,others, mining, industrial,
agricultural and tourism activities, including those used for public administration,
research, education and training as well as social interest.
Article 5
Paragraph (1)

The hierarchy of roles and functions of seaports is the arrangement of seaport

based on their roles and functions. The hierarchy of roles and functions of seaports in the
seaport infrastructure network is set forth on the basis criteria.

By hierarchy of roles and function, seaports consist of main seaports and enticing
seaports. Main seaports are seaports having a broad sphere of service, large frequency
and volume of ships , influencing national and international economic developments,
playing a role in inter state transportation and trade, having a high level of navigation
safety and having hi-tech facilities in accordance with international standards as well as
being a knot of national/international shipping network and functioning as glue in the
national transportation system, thus the failure to execute the functions are roles would
disturb national interest.

Enticing seaports are seaports with sphere of service limited to serve provinces,
regencies/cities, limited frequency and volume of ships, which influence local /regional
economic development, play a role in the inter regency/city transportation and trade in a
province, have a high level of navigation safety and facilities of appropriate technology
as well as a knot of national/regional shipping networks, thus the failure to execute the
function and roles only affect regional activities.
Letter a

Hub international seaports are main primary seaports functioning to serve loading
activities and transfer of national seaport in a large quantity and having a very wide
sphere of services as well as being a knot in international sea transportation networks.
Letter b

International seaports are main secondary seaports functioning to serve activities

and transfer of national /international sea transport in large quantity and having a wide
sphere of service as well as being a knot in the international sea transportation networks.
Letter c
 National seaports are main tertiary seaports functioning to serve loading activities
and transfer of national and international sea transport in a medium quantity as well as
being knot in the provincial transportation networks.
Letter d

Regional are primary enticing seaports functioning to serve loading activities and
transfer of national sea transport in a relatively small quantity and being the enticing
factor at main seaports.
Letter e

Local seaports are secondary enticing seaports functioning to serve regional sea-
transport activities in a small quantity and entice the main seaports and/or regional
seaports.
Paragraph (2)
Letter a

Inter province and inter state ferry harbors are ferry harbors linking arterial roads
or railway lanes which function as the main traffic service.
Letter b

Inter regency/city ferry harbors are ferry harbors connecting local collector roads
or railway lanes which function as branch by pass
Letter c

Inter regency /city ferry harbors are ferry service linking local roads.

Paragraph (3)
Letter a

National/international special seaports are seaports functioning to serve the

transport of raw materials, production and equipment supporting self production in a
large quantity and with a national/international sphere of service, high navigation safety
of high technology as well as playing a role in national economic development
Letter b

Regional seaports are seaports functioning to serve the transport of raw materials,
production and equipment supporting self production in a medium quantity and with a
national/international sphere of service, high navigation safety of medium technologies
ell as playing a role in regional economic development.
Letter c

Local special seaports are seaports functioning to serve the transport of raw materials,
production and equipment supporting self production in a mall quantity and with a
regional sphere of service, high navigation safety of the appropriate technology as well as
playing a role in local economic development
Article 6 up to Article 8
 Sufficiently clear
Article 9

Paragraph (1)

The operation of general seaports by state owned enterprises and regional

administration owned enterprises is based on the delegation of part of authority of the
government, provincial governments and regency/city governments in the operation of
seaports, but regulator, supervisory and controlling aspects are still executed by the
government.
Paragraph (2)

The operation of special seaports by provincial and regency/city governments is

meant to enable provincial and regency/city governments to manage new special
seaports. The operation of new special seaports can also executed by Indonesia statutory
bodies.
Paragraph (3) and (4)
Sufficiently clear

Article 10 and 11

Sufficiently clear

Article 12
Paragraph (1)

Seaport location are mainland and/or waters.

Paragraph (2)

Sufficiently clear
Paragraph 3

Letter a and b

Sufficiently clear
Letter c

The technical feasibility aspect observes the size of waters (lane and pool), bathimetry
map/water depth, characteristic of wave, characteristic of law ebb and stream, erosion
and sedimentation, condition of soil layer, size of mainland and topographic map.
Letter d

The economic feasibility aspect observes gross regional domestic product, the existing
activities/trade and industry as well as prediction for the future, growth of flow of goods
and /passengers, contribution to the improvement of living standards of communities and
economic / financial calculation.
Letter e
 Sufficiently clear
Letter f

The environmental feasibility aspect observes the supporting power of location,

protecting areas and flora and fauna presentation parks.
Letter g up to letter i

Sufficiently clear

Letter j

The state defense and security aspect observes considerations of the Ministry of
defense, the Indonesian Military and the Indonesian Police in case of locations closely
connected with the interest of defense and security as meant in the state defense and
security laws in force.
Paragraph (4)

Sufficiently clear

Article 13
Paragraph (1) to paragraph (3)

Sufficiently clear

Paragraph (4)

Seaport services are activities of service for seaport services provided by seaport
technical executing units/working units or seaport management companies.

Seaport supporting activities are meant to accommodate life support demand and
need in regions already developing , in the form of tourism and recreational regions,
environmental conservation and resettlement.
Paragraph (5)

The seaport principal facilities in the form of collection square are only
designated to seaports, while warehouses are designated to seaports, river and lake
harbors.

The seaport supporting facilities in the form of industrial estate and trading
complex are only designated to seaports.
Paragraph (6)
Piloting waters are designated to seaports.

Waters for the long terms seaport development are meant to anticipate the possibility of
expansion of seaport working areas in accordance with the seaport master plan.

Dead ships are ships which cannot be operated provisionally because of dysfunction of
main propeller and auxiliary propeller of the said ships.
Article 14 and 15
 Sufficiently clear
Article 16

Paragraph (1) and (2)

Sufficiently clear
Paragraph (3)

Basically, working areas of general seaports can be used for the provision of
services, but the service can also cover regions outside the working areas as long as it is
directly connected and an integral part of services provided within the seaport working
areas, namely the provision of piloting and towing services and in certain cases, for
transport activities.
Paragraph (4)
Sufficiently clear

Article 17 up to article 19

Sufficiently clear
Article 20

Paragraph (1)

Letter a

Environmental conservation is executed in accordance with laws in force.

Letter b

The obligation of seaport operators in the provision of auxiliary shipping navigation

facilities is to comply with the requirements for navigation safety in the operation of
general seaports.
Paragraph (2)
Sufficiently clear

Article 21

Paragraph (1)

Facilities on edge of water are buildings used for public facilities and navigation
safety, such as quay, trestle, lane, sign, auxiliary shipping navigation facilities, cause
way, wave breaker and groin.
Paragraph (2) up to paragraph (6)

Sufficiently clear

Article 22 up to Article 24
Sufficiently clear
Article 25
Paragraph (1)

Sufficiently clear

Paragraph (2)

The decision on the implementation of seaport development is effective as the

license to build seaports as meant in navigation legislation.
Paragraph (3) up to Paragraph (5)
Sufficiently clear

Article 26

The development of new general seaports must be based on the national seaport
arrangement. Pursuant to the arrangement, the minister stipulates location of seaport
operation.

New general seaports which are built by the government, provincial governments
and/or regency/city governments are owned by the government, provincial governments
and/or regency/city governments.
Article 27

Sufficiently clear

Article 28

Paragraph (1) and (2)

Sufficiently clear

Paragraph (3)

The decision on the operation of seaports is effective as the license to operate seaports as
meant in the navigation legislation.
Paragraph (4) and (5)

Sufficiently clear
Article 29 up to Article 32

Sufficiently clear

Article 33
Paragraph (1)

Sufficiently clear
Paragraph (2)

The technical executing units/working units of the government institutions as meant in

letter b, c and d are stipulated in accordance with provision in force.
Paragraph (3) and (4)

Sufficiently clear

Article 34

Paragraph (1)
Sufficiently clear

Paragraph (2)

The function of security and public orderliness at seaports is executed on call basis

Article 35
Sufficiently clear

Article 36

Paragraph (1)

Activities of the government institutions are executed in accordance with the respective
function, tasks, authority and responsibility according to laws in force.
Paragraph (2)
Letter a

Officials holding the coordination function in coordinating activities of government

institution concerned and activities of provision of seaport services pay attention
seriously to efforts preventing the occurrence of activities which can disturb the smooth
operation of seaports

Officials holding the coordination function in exercising their authority are not
allowed to interfere the technical authority of the government institution concerned and
the provision of seaports services by seaport operators.
Letter b

Sufficiently clear

Paragraph (3)

Sufficiently clear
Article 37

This provision also covers the provision of seaport services at new seaports built
by the government, provincial governments and regency / city governments or built by
seaport management companies.
Article 38
Paragraph (1)

Sufficiently clear

Paragraph (2)
Letter a

Sufficiently clear

Letter b

Centers of service activities include centers of service activities in the public

administration field, service for seaport services and service in other economic fields.
Letter c

Seaports as centers of distribution and consolidation of goods are in accordance

with their function as the knot in the waters transportation network.
Paragraph (3)

The certain activities are, among others, mining, industrial, agricultural or tourism
activities.

The provision is also effective for quay facilities built and operated by the third
party which are located in seaports working areas and interest areas.
Paragraph (4)
Sufficiently clear

Article 39

Sufficiently clear

Article 40
Paragraph (1)

The operation of fishery seaports as fishery facilities covering the planning,

building, operation, management, maintenance, supervision and control is regulated
separately on the basis of fishery legislation
Paragraph (2)

The provisions in this government regulation apply to the regulation of navigation

safety aspect at fishery seaports and its existence in the national seaport arrangement.
Article 41 up to Article 43

Sufficiently clear

Article 44

Paragraph (1) up to paragraph (5)

 Sufficiently clear
Paragraph (6)

General procedures for and provisions on the export import inc lude service for
services, goods and documents on the basis of the provisions of laws in force.
Article 45

Sufficiently clear

Article 46
Paragraph (1)

Sufficiently clear

Paragraph (2)

The comprehensive and national cooperation is executed because of the different

capacities and financial performance of seaports, so that cross subsidy is needed.

The definition of comprehensive in this joint cooperation constitutes an integral

part in the seaport operation.
Paragraph (3) up to paragraph (5)

Sufficiently clear

Article 47 and 48

Sufficiently clear
Article 49

Paragraph (1)

Letter a

Service for ship services includes service provided for ship, starting from they
enter seaport working areas to berth at quay and leave seaport working areas.

The said activities can be in the form of anchoring berthing and bunker, provision
of piloting and towing services in compulsory piloting and extraordinary piloting waters.
Letter b

The provision of services for goods includes service for goods as from the hold of ships,
loading and/or unloading, collection, storage, delivery and reversely.
Letter c.
Sufficiently clear

Letter d.
 Service for equipment services is services provided for the use of equipment.
Letter e

Service for other seaport services are service other than service for ship, good and
equipment services.
Article 50

Sufficiently clear

Article 51
Paragraph (1) and (2)

Sufficiently clear

Paragraph (3)

The self interest as meant in this provision are limited to traffic of ships or
boarding /disembarking of passengers or loading /unloading of goods in the form of raw
materials, production and production supporting equipment for self interest. In the case of
the carrier good are loaded/unloaded at the nearest general seaport.
Paragraph (4)

Sufficiently clear

Article 52

Paragraph (1)
Sufficiently clear

Paragraph (2)

Special seaport areas are mainland and/or waters used for the operation of special
seaports as well as guaranteeing navigation safety.
Paragraph (3) up to paragraph (6)

Sufficiently clear
Article 53 up to Article 60

Sufficiently clear

Article 61

Paragraph (1)
Sufficiently clear

Paragraph (2)

Principally, the operation of special seaports is only designated to self interest so that
operators of special seaports are not allowed to undertake business activities of seaport
services outside their own interest.
 The said cooperation is the cooperation with the operator of the nearest general seaport in
imposing levies by observing rights and obligation of special seaports to ensure the
smooth and orderly provision of seaports services.
Paragraph (3)

Sufficiently clear

Article 62
Paragraph (1) and (2)

Sufficiently clear

Paragraph (3)

In the case of core businesses being not executed anymore means that the core
businesses are no longer executed for at least one year consecutively.

Article 63

Paragraph (1)

Letter a

Sufficiently clear
Letter b

Unless the building of special seaports is continued, the relevant licensees break
down facilities disturbing navigation safety.
Letter c

Sufficiently clear

Paragraph (2) up to Paragraph (4)

Sufficiently clear

Article 64

Letter a

The activities endangering the state security are activities which can disturb the national
stability.
Letter b
Sufficiently clear

Article 65 and 66

Sufficiently clear

Article 67
Paragraph (1)
Sufficiently clear

Paragraph (2)

Activities at seaports open for international trade are limited to traffic of ships to carry
raw materials, production and production supporting equipment for self interest.
Paragraph (3)

Sufficiently clear
Article 68

Paragraph (1)

Letters a and b

Sufficiently clear
Letter c

Interest in the development of capacity of the national sea transport include the
acquisition of a reasonable freight share and creation of a fair business climate .
Letter d

Sufficiently clear

Letter e.
Other national interest include national defense and security interests.

Paragraph (2) and (3)

Sufficiently clear

Article 69
Paragraph (1)

The procurement of waste collection facilities considers among other the number
of visiting ships and the existence of waste collection facilities at the nearest seaport

Other pollutant materials from ships are the materials as stipulated in the
International convention for the Prevention of Pollution from ship 1973

Without reducing the importance of the provisions in this government regulation, special
seaport whose activities support core business such as in the petroleum and natural gas
sector must comply with other provisions connected with efforts to prevent pollution
originating from ships in accordance with laws in force.
Paragraph (2)

Sufficiently clear

Article 70
 Sufficiently clear
Article 71

Paragraph (1) and (2)

Sufficiently clear
Paragraph (3)

The left guarantee for compensation is a guarantee deposited by owners or

operators of ships so that the ships can continue sailing to leave seaports.
Article 72

The degree of damage resulting from is the damage really suffered, excluding the
expected income and profit.
Article 73

Sufficiently clear

Article 74
Paragraph (1)

Sufficiently clear

Paragraph (2)

The loss really suffered is the loss actually sustained, excluding the expected income and
profit.
Article 75

General seaport currently operated by seaport management companies are owned by the
government which constitute state assets that are already separated and/or assets of the
seaport management companies.
Article 76

Paragraph (1)

Regional seaports whose operation is delegated to provincial government as a

deconcentration task are owned by the government.
Paragraph (2)

Local seaports whose operation is delegated to regency/city government as a

decentralization task are owned by regency/city governments.
Article 77

Regional and local seaports whose operation is delegated to provincial

governments, regency/city governments, if their status change into hub international,
international and national seaports, are still operated by the provincial governments,
regency/city governments, while the authority as meant in article 14 paragraphs (2) and
(3), article 18 paragraphs (1) and (2) , article 21 paragraphs (3) and (4), Article 25
 paragraphs (3) and (4), article 28 paragraphs (3) and (4), Article 29 paragraphs (2) and
(3) and Article 36 paragraph (1) becomes the authority of the government.
Article 78
Paragraph (1)

Sufficiently clear

Paragraphs (2) and (3)

The provision is meant to open opportunity for seaports operation to prepare themselves
for the said change.
Article 78 up to Article 81
Sufficiently clear

SUPPLEMENT TO STATUTE BOOK OF

THE REPUBLIK OF INDONESIA NO 4145