LAW ON FISHERIES

LAW OF THE REPUBLIC OF INDONESIA NUMBER 45 OF 2009AMENDMENT OF THE LAW NUMBER 31 OF 2004 CONCERNING FISHERIES
 BY THE GRACE OF GOD ALMIGHTY
 PRESIDENT OF THE REPUBLIC OF INDONESIA,
 Considering:a. that the waters within the sovereignty of the Unitary Republic of Indonesia and the Indonesian Exclusive Economic Zone as well as containing high seas fishery resources and potential as a fish breeding area was a blessing from God Almighty that are mandated to the Indonesian people who have a life philosophy of Pancasila and the Constitution Constitution of the Republic of Indonesia Year 1945, taking into account the existing carrying capacity and sustainability for sebesarbesarnya utilized for the welfare and prosperity of the people of Indonesia;b. that the utilization of fish resources yet provide improved living standards through sustainable and equitable fisheries management, supervision, and optimal law enforcement system;c. that Law Number 31 Year 2004 concerning Fisheries has not been fully able to anticipate technological developments and legal requirements in the management and utilization potential of fish resources;d. Based on the considerations as meant in letter a, b, and c need to establish the Law on Amendments to Law No. 31 of 2004 on Fisheries;
 In view of: Article 20, Article 21 and Article 33 paragraph (3) of the Constitution of the Republic of Indonesia Year 1945;
 With the approval of the JointHOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIAandPRESIDENT OF THE REPUBLIC OF INDONESIA
 M U M E N T S K A N:
 Setting: LAW ON AMENDMENT legislation NUMBER 31 YEAR 2004 CONCERNING FISHERIES.
 ARTICLE ISeveral provisions in the Act No. 31 of 2004 on Fisheries (State Gazette of the Republic of Indonesia Year 2004 Number 118, Additional State Gazette of the Republic of Indonesia Number 4433) are amended as follows:
 1. The provisions of Article 1 number 11 and number 24 has been changed, so Article 1 reads as follows:
 Article 1In this Act referred to as:1. Fishing is all the activities associated with the management and utilization of fish resources and the environment ranging from preproduction, production, processing up to the marketing system implemented in a fishing business.2. Fish resources is a potential for all kinds of fish.3. Environmental resources are the waters where the fish lives of fish resources, including biota and the surrounding natural factors.4. Fish are all kinds of organisms that all or part of their life cycle within the aquatic environment.5. Fishing is an activity to obtain fish in waters that are not in a state cultivated by means or by any means, including activities that use the vessel for loading, transporting, storing, cooling, handling, processing, and / or preserve it.6. Fish breeding is an activity to nurture, raising, and / or breed fish and harvest results in a controlled environment, including activities that use the vessel for loading, transporting, storing, cooling, handling, processing, and / or preserve it.7. Fisheries management is all the effort, including integrated processes in information gathering, analysis, planning, consultation, decision making, allocation of fish resources, and implementation and enforcement of legislation in the field of fisheries, conducted by the government or other authority directed to achieve the continuity of biological productivity of aquatic resources and the agreed objectives.8. Fish Resources Conservation is the protection, preservation, and utilization of fish resources, including ecosystems, species, and genetic to ensure the existence, availability, and continuity while maintaining and improving the quality and diversity of fish resources.9. Fishing boats are boats, boat or other floating device used for fishing, support fishing operations, fish farming, fish transportation, fish processing, fisheries training, and research / exploratory fisheries.10. Fishermen are the people who make their living from fishing.11. Small fishermen whose livelihoods were fishing to meet the needs of daily living using the largest-sized fishing boats 5 (five) gross tons (GT).12. Fish Resources Pembudi are people who make their living doing fish breeding.13. Pembudi Power Small-Fish is a person whose livelihoods do fish breeding to meet the needs of everyday life.14. Each person is an individual or corporation.15. Corporation is a group of people and / or well-organized wealth is not a legal entity or legal entity.16. Fisheries Business License, Business License, hereinafter referred to, is written permission that must be owned fishery company to do fishing business by using the production facilities listed in the permit.17. Fishing License, hereinafter called the SIPI, is written permission to possess any fishing vessel to catch fish that are an integral part of the Business License.18. Ship Fish Carrier Permit, hereinafter referred to as SIKPI, is written permission to possess any fishing vessel for transporting the fish.19. Indonesia Territorial Sea is a sea lane width of twelve (12) nautical miles measured from the archipelagic baselines of Indonesia.20. Indonesian waters are the territorial sea and archipelagic waters of Indonesia and its hinterland waters.21. Indonesian Exclusive Economic Zone, hereinafter referred to as ZEEI, is the path beyond and adjacent to the territorial sea of ​​Indonesia as defined by the applicable legislation concerning Indonesian waters covering the sea floor, the ground beneath, and water on it with the outer limit of 200 (two hundred) nautical miles measured from the baseline of the territorial sea of ​​Indonesia.22. High Seas is part of the sea that are not included in ZEEI, Indonesia's territorial sea, archipelagic waters of Indonesia, Indonesia and inland waters.23. Fishery Port is a place that consists of land and surrounding waters with certain limits as a place of government activities and activities of the fishing business system that is used as a fishing boat rests, anchored, and / or unloading of fish that comes with shipping safety facilities and activities supporting fisheries.24. Minister is the minister in charge of fisheries affairs.25. Government is the Central Government.26. Local Government is the provincial government and / or the district / city.
 2. The provisions of Article 2 is amended so Article 2 reads as follows:
 Article 2Fisheries management is based on the principle:a. benefits;b. justice;c. togetherness;d. partnership;e. independence;f. equalization;g. integration;h. openness;i. efficiency;j. sustainability; andk. of sustainable development.
 3. The provisions of Article 7 are amended so that Article 7 reads as follows:
 Article 7(1) In order to support the policy of management of fish resources, the Minister determine:a. fishery management plans;b. potential and the allocation of fish resources in the fishery management area of ​​the Republic of Indonesia;c. allowable catches in the fishery management area of ​​the Republic of Indonesia;d. potential for fish farming and land allocations in the fishery management area of ​​the Republic of Indonesia;e. potential and stem as well as the allocation of certain fish in the fishery management area of ​​the Republic of Indonesia;f. type, quantity, and size of fishing gear;g. type, number, size, and placement of fishing tools;h. areas, pathways, and the time or the fishing season;i. requirement or standard operating procedures of fishing;j. fishing port;k. fisheries vessel monitoring system;l. new fish species to be cultivated;m. and the stocking of fish species and fishing-based re-cultivation;n. fish breeding and protection;o. prevention of pollution and damage to fish resources and the environment;p. rehabilitation and enhancement of fish resources and the environment;q. minimum size or weight of fish species that may be caught;r. water conservation;s. outbreak and the outbreak of fish disease;t. fish species that are prohibited to be traded, inserted, and removed to and from the territory of the Republic of Indonesia; andu. protected fish species.(2) Any person conducting business and / or fisheries management activities shall comply with the provisions referred to in paragraph (1) concerning:a. type, quantity, and size of fishing gear;b. type, number, size, and placement of fishing tools;c. areas, pathways, and the time or the fishing season;d. requirement or standard operating procedures of fishing;e. fisheries vessel monitoring system;f. new fish species to be cultivated;g. and the stocking of fish species and fishing-based re-cultivation;h. fish breeding and protection;i. prevention of pollution and damage to fish resources and the environment;j. minimum size or weight of fish species that may be caught;k. water conservation;l. outbreak and the outbreak of fish disease;m. fish species that are prohibited to be traded, inserted, and removed to and from the territory of the Republic of Indonesia; andn. protected fish species.(3) The obligation to comply with provisions regarding fisheries vessel monitoring system as referred to in paragraph (2) letter e, does not apply to fishermen and / or power-pembudi small fish.(4) The Minister shall determine the potential and the amount of allowable catch referred to in paragraph (1) letters b and c after considering the recommendations of the national commission that assesses fish resources.(5) The national commission referred to in paragraph (4) is formed by the Minister and composed of experts in their fields derived from the relevant institutions.(6) The Minister shall determine the type of fish are protected and water conservation for the sake of science, culture, tourism, and / or preservation of fish resources and / or the environment.
 4. The provisions of Article 9 amended so that Article 9 reads as follows:
 Article 9(1) Any person prohibited from owning, controlling, carrying, and / or use of fishing and / or assistive devices that interfere with fishing and damaging the sustainability of fish resources in the fishing vessels in the fishery management area of ​​the Republic of Indonesia.(2) Provisions concerning fishing equipment and / or assistive devices that interfere with fishing and damaging the sustainability of fish resources as referred to in paragraph (1) is regulated by the Minister.
 5. The provisions of Article 14 paragraph (3) amended so that Article 14 reads as follows:
 Article 14(1) The Government shall regulate and / or develop germplasm utilization related to fish resources in the context of ecosystem conservation and breeding of fish resources.(2) Every person required to preserve germplasm related to fish resources.(3) The government controls the entry and / or spending on new types of fish to and from abroad and / or traffic islands to ensure the conservation of germplasm related to fish resources.(4) Any person prohibited from genetic damage related to fish resources.(5) Further provisions on the utilization and conservation of fish germplasm resources as referred to in paragraph (1), paragraph (2), and paragraph (3), regulated by Government Regulation.
 6. Between Article 15 and Article 16 inserted 1 (one) Article, namely Article 15A, which reads as follows:
 Article 15AThe government set up quality control stem and seeds of cultivated fish.
 7. The provisions of Article 18 plus 2 (two) verses which subsection (3) and paragraph (4), so that Article 18 reads as follows:
 Article 18(1) The Government shall regulate and foster the utilization of water governance and land fish breeding.(2) The regulation and supervision system of water utilization and land fish breeding, as referred to in paragraph (1) conducted in order to guarantee the quantity and quality of water for fish breeding interests.(3) The governance of water utilization and land fish breeding carried out by local governments.(4) Further provisions regarding the regulation and supervision system of water utilization and land fish breeding as referred to in paragraph (1) and paragraph (2) regulated by Government Regulation.
 8. Provisions of Article 23 plus 1 (one) verse which paragraph (3), so that Article 23 reads as follows:
 Article 23(1) Any person prohibited from use of raw materials, food additives, auxiliary materials, and / or equipment which endanger human health and / or the environment in carrying out the handling and processing fish.(2) The Government shall determine the raw materials, food additives, auxiliary materials, and / or equipment which endanger human health and / or the environment as referred to in paragraph (1).(3) The dissemination of raw materials, food additives, auxiliary materials, and / or equipment which endanger human health and / or the environment.
 9. The provisions of Article 25 are amended so that Article 25 reads as follows:
 Article 25(1) Business fisheries conducted in the fishing business systems, including preproduction, production, processing, and marketing.(2) Further provisions on the preproduction, production, processing, and marketing as referred to in paragraph (1) Regulation of the Minister.
 10. Between Article 25 and Article 26 inserted 3 (three) articles, namely Article 25A, Section 25b, Article 25C, which reads as follows:
 Article 25A(1) Business actors in implementing fisheries fishing business should pay attention to the quality standards of the fishery.(2) Government and local governments to foster and facilitate the development of fisheries in order to meet the quality standards of the fishery.(3) Further provisions on the quality of fishery products set standards in the Minister.
 Article 25b(1) The Government shall organize and facilitate the marketing of fisheries business activities both domestically and abroad.(2) Expenditures fisheries production done abroad if production and supply in the country have been sufficient for national consumption.(3) The Government is obliged to create a healthy business climate fishery in accordance with the provisions of the legislation.
 Article 25C(1) Government to foster and facilitate the development of the national fishing industry with emphasis on the use of raw materials and human resources in the country.(2) Government to foster the implementation of togetherness and a healthy partnership between the fishing industry, fishermen and / or cooperative fisheries.(3) Provisions on the construction, provision of facilities, togetherness, and partnerships as referred to in paragraph (1) and paragraph (2) conducted in accordance with the provisions of legislation.
 11. The provisions of Article 27 paragraph (1), paragraph (2), and paragraph (3) amended, and plus 1 (one) verse which paragraph (5), so that Article 27 reads as follows:
 Article 27(1) Every person who owns and / or operate the Indonesian-flagged fishing vessel used for fishing in the fishery management area of ​​the Republic of Indonesia and / or the high seas shall have SIPI.(2) Every person who owns and / or operate foreign-flagged fishing vessel used for fishing in ZEEI shall have the SIPI.(3) Any person who operates the Indonesian-flagged fishing vessels in the fishery management area of ​​the Republic of Indonesia or to operate foreign-flagged fishing vessels in ZEEI must bring the original SIPI.(4) Indonesian-flagged fishing vessels conducting fishing activities in the jurisdiction of another country must first obtain approval from the Government.(5) The obligation to have SIPI as meant in paragraph (1) and / or bring the original SIPI as meant in paragraph (3), does not apply to small fishermen.
 12. The provisions of Article 28 paragraph (1) and paragraph (2) amended, and plus 2 (two) verses which subsection (3) and paragraph (4), so that Article 28 reads as follows:
 Article 28(1) Every person who owns and / or operate a fish-flagged freighter Indonesia in fisheries management area of ​​the Republic of Indonesia shall have SIKPI.(2) Every person who owns and / or operate foreign-flagged freighter fish that is used for transporting fish in the fishery management area of ​​the Republic of Indonesia shall have SIKPI.(3) Any person who operates a vessel transporting fish in the fishery management area of ​​the Republic of Indonesia shall bring the original SIKPI.(4) The obligation to have SIKPI referred to in paragraph (1) and / or bring the original SIKPI referred to in paragraph (3), does not apply to fishermen and / or power-pembudi small fish.
 13. Between Article 28 and Article 29 inserted 1 (one) Article, namely Article 28A, which reads as follows:
 Article 28AAny person prohibited from:a. falsify SIUP, SIPI, and SIKPI; and / orb. using SIUP, SIPI, and SIKPI false.
 14. The provisions of Article 32 is amended so Article 32 reads as follows:
 Article 32Further provisions regarding the issuance, ordinances, and the terms of SIUP, SIPI, and SIKPI regulated by Regulation of the Minister.
 15. Between Article 35 and Article 36 inserted 1 (one) Article, namely Article 35A, which reads as follows:
 Article 35A(1) Fishing vessels flying the Indonesian fishing in the fishery management area of ​​the Republic of Indonesia shall use the skipper and crew of Indonesian nationality.(2) foreign-flagged fishing vessels conducting fishing activities in ZEEI mandatory use of Indonesian nationality crew of at least 70% (seventy percent) of the number of the crew.(3) Violation of the condition of your use of the crew as referred to in paragraph (2) subject to administrative sanctions in the form of warnings, license suspension, or revocation of license.(4) Further provisions on the imposition of administrative sanctions as referred to in paragraph (3) Regulation of the Minister.16. The provisions of Article 36 is amended so Article 36 reads as follows:
 Article 36(1) owned by an Indonesian fishing vessel operated in the fishery management area of ​​the Republic of Indonesia and the high seas must be registered in advance as an Indonesian fishing boat.(2) Registration of fishing boats as referred to in paragraph (1) equipped with a document in the form:a. proof of ownership;b. owner's identity, andc. letter measure.(3) Registration of fishing boats purchased or obtained from abroad and registered in a country of origin to be listed as an Indonesian fishing vessel, but equipped with the documents referred to in paragraph (2) shall be furnished with a certificate of removal from the list of ships that were published by country of origin.(4) Fishing vessels that have been registered as referred to in paragraph (1), provided a letter of nationality in accordance with the provisions of the legislation.(5) Further provisions regarding the registration referred to in paragraph (1), paragraph (2), and paragraph (3) is regulated by the Minister.
 17. The provisions of Article 41 is amended so Article 41 reads as follows:
 Article 41(1) The Government shall conduct training and management of fishing ports.(2) The management of fishing ports and the development referred to in paragraph (1), the Minister determine:a. port master plan of national fisheries;b. classification of fishing ports;c. management of fishing ports;d. requirements and / or technical standards in the planning, construction, operations, development, and supervision of fishing ports;e. work areas and fishing port operation which includes the waters and certain land into the working area and the operation of fishing ports, andf. fishing port which is not built by the Government.(3) Every fishing vessel and the vessel transporting fish must be landed fish catches in fishing ports established or other designated ports.(4) Any person who owns and / or operate a fishing vessel and / or fish transport vessel that does not make loading and unloading of fish catches in fishing ports established or other designated ports referred to in paragraph (3) subject to administrative sanctions in the form of warnings, license suspension, or revocation of license.(5) Further provisions on the imposition of administrative sanctions as referred to in paragraph (4) is set in the Ministerial Regulation.
 18. Between Article 41 and Article 42 inserted 1 (one) Article, namely Article 41A, which reads as follows:
 Article 41A(1) Port of fishery exploitation has the function of government and to support activities related to the management and utilization of fish resources and the environment ranging from preproduction, production, processing to marketing.(2) The function of fishing ports in support of activities related to the management and utilization of fish resources and the environment as referred to in paragraph (1) can be:a. services and harbor mooring fishing boats;b. stevedoring services;c. coaching service quality and processing of fishery products;d. marketing and distribution of fish;e. collecting catch data and fishery products;f. the implementation of the extension and development of fishing communities;g. implementation of the operational activities of fishing boats;h. the implementation of the supervision and control of fish resources;i. kesyahbandaran implementation;j. the implementation of fish quarantine functions;k. publication of the results of the service dock and moored fishing boats and fishing boats patrol ship;l. the publication of results of marine research and fisheries;m. monitoring of coastal and marine tourism; and / orn. environmental control.
 19. The provisions of Article 42 is amended so Article 42 reads as follows:
 Article 42(1) In the framework of the operational safety of fishing vessels, the port designated in fishing ports.(2) Syahbandar in fishing ports have the duty and authority:a. issued a Letter of Approval Sailing;b. regulate the arrival and departure of fishing boats;c. re-check the documents of fishing boats;d. examine the technical and nautis fishing boats and fishing gear check, and fishing tools;e. examine and approve the work agreement sea;f. check the log book the arrest and transportation of fish;g. set if the motion and the traffic of fishing boats in fishing ports;h. oversee scouting;i. supervise refueling;j. oversee construction of fishing ports;k. carry out search and rescue assistance;l. lead pollution prevention and fire fighting in fishing ports;m. oversee the implementation of maritime environmental protection;n. check the fulfillment of the requirements of the manning of fishing boats;o. issued a Certificate of Evidence Report Fishing Vessel Arrivals and Departures; andp. check the certificate of the fish.(3) Every fishing vessel that will sail fishing and / or transport of fish from fishing ports must have the approval letter issued by the port Sailing in the harbor fishing.(4) Syahbandar in fishing ports as referred to in paragraph (1) appointed by the minister in charge of the affairs of the voyage.(5) In performing its duties, the port in the fishing ports are coordinated by the responsible officials in the local fishing ports.(6) Further provisions on kesyahbandaran in fishing ports implemented in accordance with the provisions of the legislation.
 20. The provisions of Article 43 is amended so Article 43 reads as follows:
 Article 43Each fishing vessel fishing activities must have a letter of fishing vessel operation acceptance of fisheries inspectors free of charge.
 21. The provisions of Article 44 paragraph (1) shall be amended so that Article 44 reads as follows:
 Article 44(1) Sailing approval letter referred to in Article 42 paragraph (2) a letter issued by the port after a fishing vessel operation acceptance letter.(2) The operation acceptance as referred to in paragraph (1) issued by the fisheries inspectors after a full administrative requirements and technical feasibility.(3) Further provisions regarding administrative requirements and technical feasibility as referred to in paragraph (2) Regulation of the Minister.
 22. The provisions of Article 46 is amended so Article 46 reads as follows:
 Article 46(1) Government and local governments prepare and develop a system of fisheries information and statistical data and organizing the collection, processing, analysis, storage, presentation, and the potential spread of the data, updating data movement of fish, facilities and infrastructure, production, handling, processing and marketing of fish , as well as socio-economic data relating to the implementation of the management of fish resources and fisheries development of business systems.(2) Government and local governments entered into the data center and fishery information to implement the fisheries information and statistical data.
 23. Between Article 46 and Article 47 inserted 1 (one) Article, namely Article 46A, which reads as follows:
 Article 46AThe government guarantees the confidentiality of data and information relating to the fishery log book data capture and transport of fish, the data obtained by the observer, and corporate data in the fisheries licensing process.
 24. The provisions of Article 48 paragraph (1) amended, and between paragraphs (1) and paragraph (2) inserted 1 (one) verse which subsection (1a), so that Article 48 reads as follows:
 Article 48(1) Any person who directly benefit from fish resources and the environment in the territory of the Republic of Indonesia fisheries management and fisheries management outside the territory of the Republic of Indonesia subject to levy fisheries.(1a) Charges fisheries as referred to in paragraph (1) is a non-tax revenue.(2) Charges of fisheries as referred to in paragraph (1) does not apply to fishermen and small fish pembudi-power.
 25. The provisions of Article 50 is amended so Article 50 reads as follows:
 Article 50Fisheries levies referred to in Article 48 and Article 49 are used for fisheries development and conservation of fish resources and the environment.
 26. The provisions of Article 65 paragraph (1) be deleted so that Article 65 reads as follows:
 Article 65Government may assign to local governments to carry out the affairs of co-administration in the field of fisheries.
 27. The provisions of Article 66 paragraph (2) and paragraph (3) amended so that Article 66 reads as follows:
 Article 66(1) Monitoring of fisheries conducted by fisheries inspectors.(2) Supervision of fishery tasked to oversee the orderly implementation of the provisions of legislation in the field of fisheries.(3) Supervision orderly implementation of the legislation referred to in paragraph (2) includes:a. fishing activities;b. fish breeding, seed;c. processing, distribution and out of the fish;d. quality of fishery products;e. distribution of drugs and out of the fish;f. conservation;g. pollution due to human actions;h. germplasm;i. fisheries research and development; andj. genetically modified fish.
 28. Between Article 66 and Article 67 inserted 3 (three) articles, namely Article 66a, Article 66b, and Section 66C, which reads as follows:
 Article 66a(1) Supervision of fisheries as referred to in Article 66 are civil servants working in the field of fisheries are appointed by the minister or a designated official.(2) Supervision of fisheries as referred to in paragraph (1) can be educated to be a Civil Affairs Investigators Pengawai Fisheries.(3) Supervision of fisheries as referred to in paragraph (2) can be defined as functional official fisheries inspectors.(4) Further provisions regarding the functional supervisor of fisheries as referred to in paragraph (3) is regulated by the Minister.
 Article 66b(1) Supervision of fisheries as referred to in Article 66 in the task:a. fishery management area of ​​the Republic of Indonesia;b. fishing boats;c. fishing port and / or other designated ports;d. Tangkahan port;e. centers of fishing activity;f. area fish hatcheries;g. fish breeding areas;h. fish processing units and / ori. water conservation.(2) Further provisions concerning the implementation of supervisory duties of fisheries as referred to in paragraph (1) Regulation of the Minister.
 Article 66C(1) In carrying out the tasks as meant in Article 66, fishery inspectors authorized to:a. enter and inspect the fisheries business activities;b. check the completeness and validity of the fishery business documents;c. check the fisheries business activities;d. examine facilities and infrastructure that are used for fishing activities;e. verify the completeness and validity of the SIPI and SIKPI;f. documenting the results of the examination;g. take samples of fish and / or materials necessary for the purposes of testing laboratories;h. check the equipment and system activity monitoring fishing boats;i. stop, examine, take, detain, and arrest the ship and / or the alleged or reasonably suspected of committing a crime fisheries in fisheries management area of ​​the Republic of Indonesia until the submission of the ship and / or the person in the port where the matter can be further processed by investigator;j. providing recommendations to the giver permission to impose sanctions in accordance with the provisions of legislation;k. specific action against fishing vessels that tried to escape and / or fighting and / or endanger the safety of fishery patrol ship and / or crew of fishing boats; and / orl. Other measures according to law held responsible.(2) Supervision of fisheries as referred to in paragraph (1) in carrying out their duties can be equipped with a fisheries patrol ship, firearms, and / or safety devices themselves.
 29. Provisions of Article 69 is amended so Article 69 reads as follows:
 Article 69(1) Ship fisheries inspectors carry out functions of supervision and law enforcement in the field of fisheries in the fishery management area of ​​the Republic of Indonesia.(2) Ship superintendent of fisheries as referred to in paragraph (1), can be equipped with firearms.(3) Ship fisheries inspectors may stop, inspect, carrying, and holding the ship suspected violation or reasonably suspected of fisheries management in the territory of the Republic of Indonesia to the nearest port for further processing.(4) In carrying out the functions referred to in paragraph (1) the investigator and / or fisheries supervisor can perform a special action in the form of burning and / or sinking of a foreign-flagged fishing vessel based on sufficient evidence of the beginning.
 30. The provisions of Article 71 is amended so Article 71 reads as follows:
 Article 71(1) In this Act the court established fisheries authority to examine, hear and decide criminal acts in the field of fisheries.(2) The Court of fisheries as referred to in paragraph (1) is a special court within the general court.(3) The Court of fisheries as referred to in paragraph (1) will be established at the District Court of North Jakarta, Medan, Pontianak, Bitung, and Tual.(4) The Court of fisheries as referred to in paragraph (1) domiciled in the district court.(5) The establishment of the court subsequent fishing is done in stages in accordance with the requirements established by Presidential Decree.
 31. Between Article 71 and Article 72 inserted 1 (one) Article, namely Article 71A, which reads as follows:
 Article 71ACourt authority to examine fishery, hearing and deciding criminal cases in the field of fisheries that occur in the fishery management area of ​​the Republic of Indonesia, whether committed by Indonesian citizens and foreign nationals.
 32. Provisions of Article 73 is amended so Article 73 reads as follows:
 Article 73(1) criminal investigation in the field of fisheries in the fishery management area of ​​the Republic of Indonesia conducted by the Civil Service Fishery Investigator, Investigator of the Navy Officers, and / or State Police Investigator of the Republic of Indonesia.(2) In addition to investigating the Navy, Civil Investigator Fisheries authorities investigating criminal acts in the field of fisheries that occur in ZEEI.(3) Investigation on criminal acts in the field of fisheries that occur in the fishing ports, preferably performed by a Civil Servant Inspector of Fisheries.(4) Investigator as referred to in paragraph (1) can coordinate the handling of criminal investigations in the field of fisheries.(5) To coordinate the handling of criminal acts in the field of fisheries as referred to in paragraph (4), the Minister of forming a coordination forum.
 33. Between Article 73 and Article 74 inserted 2 (two) articles, namely Article 73A and Article 73B, which reads as follows:
 Article 73AInvestigators referred to in Article 73 authorized to:a. receive reports or complaints from individuals concerning a criminal act in the field of fisheries;b. summon and examine the suspect and / or witnesses to be heard;c. carry and exposes a person as a suspect and / or witnesses to be heard;d. search facilities and infrastructure that allegedly used in the fishery or become a criminal act in the field of fisheries;e. stop, check, catch, carry, and / or detain the ship and / or persons suspected of committing criminal offenses in the field of fisheries;f. check the completeness and validity of the fishery business documents;g. photographing the suspect and / or evidence of criminal offenses in the field of fisheries;h. bring in the necessary experts in connection with criminal acts in the field of fisheries;i. make and sign the minutes of the examination;j. foreclosing on the evidence used and / or proceeds of crime;k. perform termination of the investigation; andl. conduct other actions which by law can be accounted for.
 Article 73B(1) Investigator as referred to in Article 73 to notify the commencement of investigation the public prosecutor at the latest 7 (seven) days since discovered the existence of criminal acts in the field of fisheries.(2) For the purposes of the investigation, investigators can detain suspects for a maximum of 20 (twenty) days.(3) The period referred to in paragraph (2), if necessary for the purposes of investigation that has not been completed, can be extended by a public prosecutor at the latest 10 (ten) days.(4) The provisions referred to in paragraph (2) and paragraph (3) did not rule out suspects released from custody prior to the expiration time of such detention, if the purpose of examination have been met.(5) After a period of 30 (thirty) days, the investigator should have issued a suspect from custody by law.(6) Investigator as referred to in Article 73A convey the results of investigations into prosecutors at the latest 30 (thirty) days from notice of commencement of investigation.
 34. Provisions of Article 75 is amended so Article 75 reads as follows:
 Article 75(1) prosecution of criminal acts in the field of fisheries conducted by the public prosecutor assigned by Attorney General.(2) The public prosecutor in the criminal case of fisheries as referred to in paragraph (1) must meet the following requirements:a. experienced a prosecutor at least 2 (two) years;b. have attended technical training and education in the field of fisheries; andc. competent and have high moral integrity during their duties.
 35. Provisions of Article 76 plus 1 (one) verse which paragraph (9), so that Article 76 reads as follows:
 Article 76(1) The public prosecutor after receiving the results of the investigation the investigator shall notify the results of his research to the investigator within 5 (five) days from the date of receipt of the investigation.(2) If the investigation results presented are incomplete, the public prosecutor must return the case file to the investigator who is accompanied by instructions on the things that must be completed.(3) Within a period of 10 (ten) days from the date of receipt of the file, the investigator must submit the case file back to the public prosecutor.(4) Investigations are considered complete if within 5 (five) days of the public prosecutor did not return the results of the investigation or when the deadline expires is no notification about it from a public prosecutor to the investigator.(5) In case the public prosecutor declared the results of such investigation is complete within a period of 10 (ten) days from the date of receipt of a complete file of the investigators stated, the prosecution must delegate the case to the court fisheries.(6) For the purpose of prosecution, the prosecutor has the authority to arrest or detention continued for 10 (ten) days.(7) The time period referred to in paragraph (6), if necessary for the purpose of inspection is not completed, may be extended by the chairman of the competent court at the latest 10 (ten) days.(8) The provisions referred to in paragraph (6) and paragraph (7) did not rule out suspects released from detention before the detention period ends if the purpose of examination have been met.(9) The prosecution case file delivered to the head of the competent court at the latest 30 (thirty) days from the date of receipt of a complete file of the investigators stated.
 36. Between Part Two and Part Three is inserted 1 (one) part of the Second Part A, which reads as follows:
 Part Two AEvidence
 Article 76aObjects and / or equipment used in and / or resulting from criminal acts of fisheries can be confiscated for the state or destroyed after obtaining court approval of the head.
 Article 76B(1) Evidence of criminal acts fishery that is easily damaged or require high maintenance costs can be auctioned by the district court approval of the head.(2) Evidence of criminal acts that are easily damaged fisheries as referred to in paragraph (1) in the form of fish species first set aside in part for the purpose of proving in court.
 Article 76C(1) Objects and / or equipment seized from the proceeds of crime fishery referred to in Article 76a can be auctioned for the country.(2) The auction auctions conducted by the state agency in accordance with the provisions of the legislation.(3) Money from the auction of the confiscation of crime fishery deposited into the state treasury as state revenues.(4) Law enforcement officials in the field of fisheries are managed to carry out their duties properly and parties who have contributed in the effort to rescue the country's wealth was given the award in accordance with the provisions of the legislation.(5) Objects and / or equipment seized from the proceeds of crime fisheries fishing boats can be submitted to the joint venture group of fishermen and / or cooperative fisheries.(6) Further provisions concerning the award shall be regulated by Government Regulation.
 37. Between Article 78 and Article 79 inserted 1 (one) Article, namely Article 78A, which reads as follows:
 Article 78A(1) Any court which has no courts fisheries, fishery courts subkepaniteraan formed headed by a young clerk.(2) In performing its duties, a young clerk referred to in subsection (1) assisted by some clerk's successor.(3) Clerk of the young and the clerk of the court substitute fisheries comes from the environment court.(4) Provisions regarding the requirements, procedures for appointment and dismissal of the young clerks and court clerks substitute fisheries as well as organizational structure, duties and working procedures of the court subkepaniteraan fishery is regulated by the Supreme Court rules in accordance with the provisions of the legislation.
 38. Between Article 83 and Article 84 inserted 1 (one) Article, namely Article 83A, which reads as follows:
 Article 83A(1) Except as set out as a suspect in a crime or offense other fisheries, other crew members can be discharged, including a foreign nationality.(2) Repatriation of crew members of foreign nationality as referred to in paragraph (1) conducted by the agency in charge of immigration through the embassy or representative of the crew home country.(3) The provisions concerning the repatriation of crew members of foreign nationality as referred to in paragraph (1) is implemented in accordance with the provisions of the legislation.
 39. The provisions of Article 85 is amended so Article 85 reads as follows:
 Article 85Any person who knowingly owns, controls, carrying, and / or use of fishing gear and / or assistive devices that interfere with fishing and damaging the sustainability of fish resources in the fishing vessels in the fishery management area of ​​the Republic of Indonesia as referred to in Article 9 shall be punished with a maximum imprisonment of 5 (five) years and a fine of not more Rp2.000.000.000, 00 (two billion rupiahs).
 40. Provisions of Article 93 is amended so Article 93 reads as follows:
 Article 93(1) Every person who owns and / or operate the Indonesian-flagged fishing vessels fishing in fishery management area of ​​the Republic of Indonesia and / or on the high seas, who does not have the SIPI as meant in Article 27 paragraph (1), shall be sentenced toimprisonment of 6 (six) years and a fine of not more Rp2.000.000.000, 00 (two billion rupiahs).(2) Every person who owns and / or operate foreign-flagged fishing vessels fishing in ZEEI who do not have the SIPI as meant in Article 27 paragraph (2), shall be punished with imprisonment of 6 (six) years and a fine of not more Rp.20.000.000.000, 00 (twenty billion rupiahs).(3) Any person who operates the Indonesian-flagged fishing vessels in the fishery management area of ​​the Republic of Indonesia, which does not carry the original SIPI as meant in Article 27 paragraph (3), shall be punished with imprisonment of 6 (six) years and a fine of not more Rp2.000.000.000 and 00 (two billion rupiah).(4) Any person operating a foreign-flagged fishing vessels in ZEEI, which do not carry the original SIPI as meant in Article 27 paragraph (3), shall be punished with imprisonment of 6 (six) years and a fine of not more Rp20.000.000.000 , 00 (twenty billion rupiahs).
 41. Between Article 94 and Article 95 inserted 1 (one) Article, namely Article 94A, which reads as follows:
 Article 94AAny person who falsify and / or using SIUP, SIPI, and false SIKPI referred to in Article 28A shall be punished with imprisonment of 7 (seven) years and a fine of not more Rp.3.000.000.000, 00 (three billion dollars).
 42. Provisions of Article 98 is amended so Article 98 reads as follows:
 Article 98Fishing boat skipper who does not have a letter of approval sail as referred to in Article 42 paragraph (3) shall be punished with imprisonment of 1 (one) years and a fine of not more Rp.200.000.000, 00 (two hundred million rupiahs).
 43. Between Article 100 and Article 101 is inserted 4 (four) articles, namely Article 100A, Section 100B, Section 100C, and Section 100D, which reads as follows:
 Section 100AIn the case of a criminal act as referred to in Article 28A, counterfeiting agreement referred to in Article 35 paragraph (1), and falsification of registration referred to in Article 36 involving officials, the punishment plus 1 / 3 (one third) of the principal criminal threat.
 Section 100BIn the case of criminal acts referred to in Article 8, Article 9, Article 12, Article 14 paragraph (4), Article 16 paragraph (1), Article 20 paragraph (3), Article 21, Article 23 paragraph (1), Article 26, paragraph (1), Article 27 paragraph (1), Article 27 paragraph (3), Article 28 paragraph (1), Article 28 paragraph (3), Article 35 paragraph (1), Article 36 paragraph (1), Article 38, Article 42 paragraph (3), or Article 55 paragraph (1) is carried out by fishermen and / or power-pembudi small fish shall be punished with imprisonment of 1 (one) year or a fine of not more Rp250.000.000, 00 (two hundred five fifty million rupiah).
 Section 100CIn the case of a criminal act as referred to in Article 7 paragraph (2) carried out by fishermen and / or power-pembudi small fish is liable to a fine of up Rp100.000.000, 00 (one hundred million rupiah).
 Section 100DIn the event that the court impose criminal fines, the fines shall be deposited into the state treasury as the state income tax instead of the ministry in charge of fisheries affairs.
 44. Provisions of Article 105 be deleted.
 45. Provisions of Article 110 is amended so Article 110 reads as follows:
 Article 110At the time the Act comes into force:a. Law No. 9 of 1985 on Fisheries (Republic of Indonesia State Gazette Year 1985 Number 46, the Republic of Indonesia State Gazette Number 3299); andb. The provisions concerning the investigation as provided for in Article 14 and the provision of criminal penalties in Article 16 paragraph (1) of Law Number 5 Year 1983 concerning the Indonesian Exclusive Economic Zone (State Gazette of the Republic of Indonesia Year 1983 Number 44, Additional State Gazette Republic of Indonesia Number 3260) particularly those related to criminal offenses in the field of fisheries; revoked and declared invalid.
 46. Between Article 110 and Article 111 inserted 1 (one) article ie Article 110a, which reads as follows:
 Article 110aAll government regulation is mandated to implement the provisions of this Act shall be established no later than 1 (one) year from the promulgation of this Act.

 ARTICLE IIThis Law shall come into force on the date of promulgation.For public cognizance, it is ordered that this Act be published in the Gazette of the Republic of Indonesia.

 Ratified in Jakartaon October 29, 2009PRESIDENT OF THE REPUBLIC OF INDONESIA,Signed.DR. H. SUSILO BAMBANG YUDHOYONO
 Promulgated in Jakartaon October 29, 2009MINISTER OF JUSTICE AND HUMAN RIGHTSREPUBLIC OF INDONESIA,Signed.PATRIALIS AKBAR

 REPUBLIC OF INDONESIA YEAR 2009 NUMBER 154














 EXPLANATIONTHELAW OF THE REPUBLIC OF INDONESIANUMBER 45 OF 2009ABOUTAMENDMENT TO THE LAW NUMBER 31 OF 2004ON FISHERIES
 I. GENERALIndonesia as an archipelagic country that most of its territory consists of the sea, has the potential fisheries are very large and diverse. Potential fishery is owned economic potential that can be utilized for the future of the nation, as the backbone of national development.Directed at optimum utilization of fish resources by taking into account the existing carrying capacity and sustainability to improve the welfare of the people, improve the living standard of fishermen and small fish pembudi-power, increase the acceptance of foreign exchange, providing expansion and employment opportunities, increase productivity, value added and competitiveness of the fishery and ensure sustainability of fish resources, land fish breeding as well as spatial. This means that the utilization of fishery resources must be balanced with its carrying capacity, so it is expected to benefit continuously. One of them is done by controlling fishing effort by fishery management arrangements.United Nations Convention on the Law of the Sea of ​​1982 which was ratified by Act No. 17 of 1985 on Ratification of the United Nations Convention on the Law of the Sea 1982, placing Indonesia has sovereign rights (sovereign rights) to perform the utilization, conservation, and management of fish resources in the Exclusive Economic Zone (EEZ) Indonesia, and the High Seas are performed in accordance with the requirements or the applicable international standards.Therefore, the necessary legal basis for the management of fish resources that can accommodate all aspects of management of fish resources and anticipate the needs of legal and technological developments. The presence of Act No. 31 of 2004 on Fisheries is expected to anticipate as well as a solution to a very large change in fishing, whether in relation to the availability of fish resources, environmental sustainability of fish resources, as well as the development of fishery management methods more effective, efficient , and modern.On the other hand, there are some issues in the development of fisheries that need to get the attention of all parties, including government, civil society and other parties associated with the development of fisheries. These issues include the presence of symptoms of excessive fishing, illegal fishing, illegal fishing and other actions not only cause harm to the state, but also threaten the interests of fishermen and fish pembudi-power, industry climate, and national fisheries. Those issues must be resolved in earnest, so that law enforcement in the field of fisheries to be very important and strategic in order to support development in a controlled and sustainable fisheries. The existence of legal certainty is an indispensable condition in the handling of criminal acts in the field of fisheries.But in fact, Law No. 31 of 2004 on Fisheries is still not able to anticipate technological developments and the development of legal needs in the management and utilization of fish resources and have not been able to answer these problems. It is therefore necessary to change to some substance, both related to aspects of management, bureaucracy, and legal aspects.Weaknesses in the management aspects of fisheries management, among others, yet the presence of the coordination mechanisms related to fisheries management. While the bureaucratic aspects, including conflict of interest in fisheries management. Weaknesses in the legal aspects of law enforcement among other issues, the formulation of sanctions, and the jurisdiction or competence relative to criminal district court in fisheries that occur beyond the authority of the courts of the country.Looking at some of the weaknesses contained in Law No. 31 of 2004 on Fisheries in the above, it is felt necessary to make changes to the Act, which include:First, regarding the supervision and law enforcement issues regarding the mechanism of coordination among investigators in the handling of criminal investigations in the field of fisheries, the application of sanctions (criminal or fines), procedural law, particularly regarding the determination of the time limit case investigation, and law enforcement facilities in the fields of fisheries, including the possibility of legal action in the form of sinking the application of foreign vessels operating in the fishery management area of ​​the Republic of Indonesia.Second, the problem of fisheries management, among others, seaport fishing, conservation, licensing, and kesyahbandaran.Third, the necessary expansion of fisheries jurisdiction of the court so that it covers the whole territory of the Republic of Indonesia fisheries management.In addition, changes to the Act No. 31 of 2004 on Fisheries also lead to the alignments to small fishermen and small fish pembudi-power, among others, in terms of licensing, liability provisions regarding the application of fisheries vessel monitoring systems, fishery charges, and the imposition of criminal sanctions.
 II. ARTICLE BY ARTICLE
 Article IFigures 1Article 1Self-explanatory.Figures 2Article 2Letter aThe term "utility function" is a principle that suggests that fisheries management should be able to provide advantages and benefits as possible for increased prosperity and welfare.Point bWhat is meant by "fairness" is the management of fisheries should be able to provide opportunity and equal opportunity in proportion to all citizens without exception.Letter cWhat is meant by "the principle of togetherness" is capable fisheries management involving all stakeholders in order to achieve the welfare of fishing communities.Letter dThe term "partnership principle" is the approach to fisheries management is done by the power of business networking and resources in trying to consider the aspect of equality in proportion.Letter eWhat is meant by "independence principle" is done by optimizing the management of the fishery potential of the existing fisheries.FWhat is meant by "the principle of equality" is the management of fisheries conducted in a balanced and equitable, taking into account the small fishermen and small fish pembudi-power.Letter gWhat is meant by "integration principle" is done in an integrated fisheries management from upstream to downstream in an effort to increase efficiency and productivity.The hWhat is meant by "the principle of openness" is performed by taking into account fisheries management aspirations and is supported by the availability of information accessible by the public.The letter iThe term "efficiency principle" is done with proper fisheries management, careful, and efficient to obtain maximum results.Letter jWhat is meant by "sustainability principle" is the management of fisheries carried out as optimal as possible with due regard to aspects of sustainability of fish resources.The letter kWhat is meant by "the principle of sustainable development" is a planned fisheries management and to increase prosperity and welfare of the people by giving priority to preservation of the environment for present and future.Figures 3Article 7Subsection (1)Letter aSelf-explanatory.Point bSelf-explanatory.Letter cSelf-explanatory.Letter dSelf-explanatory.Letter eSelf-explanatory.FSelf-explanatory.Letter gSelf-explanatory.The hSelf-explanatory.The letter iSelf-explanatory.Letter jSelf-explanatory.The letter kThe term "fishery vessel monitoring system" is a form of surveillance systems in the field of fishing using fishing vessel monitoring equipment that has been determined, such as fisheries vessel monitoring system (vessel monitoring system / VMS).The letter lIn an effort to improve the productivity of a fish stocking waters can be a new species, which may cause negative effects to the preservation of local fish resources should be considered for stocking new fish species can adapt to the environment of local fish resources and / or does not undermine the authenticity of fish resources.The letter mThe term "aquaculture-based fisheries" is catching fish resources of the breed from the results of re-stocking.The letter nIn accordance with the development of technology, no longer limited to fish breeding in ponds or ponds, but has also been conducted in rivers, lakes, and seas. Because these waters related to public interest, the need for determining the location and extent of the area and how that is used so as not to disturb the public interest.In addition, it should be stipulated provisions aimed at protecting the cultivation of these, for example, environmental contamination of fish resources.Letter oSelf-explanatory.Letter pThere are several ways that can be taken in implementing the rehabilitation and enhancement of fish resources and the environment, among others, by planting or reforestation of mangroves, the installation of artificial reefs, making a shelter or breed fish, increased fertility waters with fertilization or the addition of street foods , making the channel ruaya fish, or dredging the bottom waters.Letter qSelf-explanatory.The letter rThe term "water conservation" is a protected water areas, managed by the zoning system, to realize the management of fish resources and the environment in a sustainable way.An sDetermination of the outbreak and the outbreak of fish disease intended to make people aware that in the region contracted the plague, and set out measures preventing the spread of epidemic diseases of fish from one area to another.The letter tSelf-explanatory.The letter uSelf-explanatory.Paragraph (2)Self-explanatory.Paragraph (3)Self-explanatory.Paragraph (4)Self-explanatory.Paragraph (5)What is meant by "experts" is composed of experts, academics, and officials of relevant government agencies that have expertise in the field of fish resources.Subsection (6)The term "fish" are:a. finned fish (pisces);b. shrimp, small crab, crab, and the like (crustaceans);c. clams, oysters, squid, octopus, snails, and the like (molluscs);d. jellyfish and the like (Coelenterata);e. sea ​​cucumber, sea urchins, and the like (echinoderms);f. frogs and the like (Amphibia);g. crocodiles, turtles, tortoises, lizards, water snakes, and the like (reptile);h. whales, dolphins, dolphins, dugongs, and the like (mammalian);i. seaweed and other plants whose life in the water (algae) andj. other aquatic biota in connection with jenisjenis above;everything including their parts and fish are protected.Figures 4Article 9Fishing gear and / or assistive devices that interfere with fishing and damaging the sustainability of fish resources include trawl nets or trawling, and / or compressor.Figures 5Article 14Subsection (1)The term "germ plasm" is a substance contained in a group of living things and is the source or nature of the offspring that can be harnessed and developed or assembled to create a new superior species, to protect the existing germplasm in order not to be lost, destroyed, or damaged, in addition also as a form of protection of existing ecosystems.Paragraph (2)Self-explanatory.Paragraph (3)What is meant by "a new kind of fish" is a non-native fish and / or does not come from the natural land and sea Indonesia that are recognized and / or known to be included into the territory of the Republic of Indonesia fisheries management and fish from breeding results, both domestic and abroad.

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