AMENDMENT TO LAW NO. 27/2007 ON
THE MANAGEMENT OF COASTAL AREAS
AND SMALL ISLANDS
(Law No. 1/2014 dated January 15, 2014)
BY THE GRACE OF GOD ALMIGHTY
With the Joint Approval of
THE PRESIDENT OF THE REPUBLIC OF INDONESIA,
THE HOUSE OF REPRESENTATIVES OF
THE REPUBLIC OF INDONESIA and
Considering :
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
a. that coastal areas and small islands are controlled
by the state and used for the greatest possible
DECIDES:
prosperity for the people as mandated by the
1945 Constitution;
b.
To stipulate :
that Law No. 27/2007 on the Management of LAW ON AMENDMENT TO LAW NO. 27/2007 ON
Coastal Areas and Small Islands has not given ad- THE MANAGEMENT OF COASTAL AREAS AND
equate state authority and responsibility for the
SMALL ISLANDS.
management of coastal areas and small islands so
that several articles need to be revised according
to the development and need for law in the com-
c.
Article I
Several provisions in Law No. 27/2007 on
munity;
the Management of Coastal Areas and Small Islands
that based on the considerations in letters a and
(Statute Book of 2007 No. 84, Supplement to Statute
b, it is necessary to enact Law on Amendment to
Book No. 4739) are amended as follows:
Law No. 27/2007 on the Management of Coastal
1. Article 1 points 1, 17, 18, 19, 23, 26, 28, 29,
Areas and Small Islands;
30, 31, 32, 33, 38, and 44 are amended, and inbetween points 18 and 19, 1 (one) point, namely
In view of :
point 18A is inserted, and in-between points 27
Article 5 paragraph (1), Article 18B paragraph
(2), Article 20, Article 25A, and Article 33 paragraph
and 28, 1 (one) point, namely point 27A is inserted so that the article reads as follows :
(3) and paragraph (4) of the 1945 Constitution;
18
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area.
Article 1
5.
Referred to in this Law as :
Ecosystem is a community unit of plants, ani-
1. The management of coastal areas and small
mals, organisms and other non-organisms as
islands is the coordination of planning, use,
well as process linking them to form balance,
supervision and control of resources in coast-
stability and productivity.
al areas and small islands involving the gov-
3.
panse of ecological unit determined by natu-
agencies, between the land and sea ecosys-
ral borders, such as river basin area, bay and
tem, and between sciences and management
current.
7
Coastal waters is sea bordering land covering
Coastal area is the transitional area between
waters stretching as far as 12 (twelve) miles,
land and sea ecosystem influenced by a
measured from the coastline, waters linking
change in the land and sea.
coast with islands, estuary, bay, shallow wa-
Small island is an island whose area is smaller
ters, salty swamp and lagoon.
than or equal to 2,000 knn2 (two thousand
4.
Bioecoregion is a landscape found in an ex-
ernment, regional governments, inter-sectoral
to promote the people's welfare.
2.
6.
8.
Estate is part of coastal areas and small is-
square kilometers), along with its unit of eco-
lands which has certain function set based
system.
on the criteria of physical, biological, social
Resources in coastal area and small island are
and economic characteristics to maintain its
biological resources, non-biological resourc-
existence.
es, artificial resources, and environmental
9.
Public utilization estate is part of coastal area
services; biological resources cover fish, coral
whose appropriation is set to serve various ,
reefs, sea grass beds, mangroves, and marine
sectoral activities.
biotas; non-biological resources cover sand,
10. Certain national strategic estate is an estate
sea water, and seabed minerals; artificial re-
related to state sovereignty, environmental
sources cover sea infrastructures related to
control and/or world heritage site whose de-
marine and fisheries affairs and environmen-
velopment is prioritized to serve national in-
tal services in the form of natural scenery,
terests.
seabed surface as the place of underwater
11. Zone is a space whose utilization is jointly
installations related to marine and fisheries
agreed upon by various stakeholders and
affairs and sea wave energy found in coastal
whose legal status has been determined.
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1 19
12. Zoning is a form of technical engineering to
gional governments and other stakeholders
use space by determining functional borders
to achieve the results of the management of
according to potential resources and support-
resources in coastal areas and small islands in
ing capacity as well as ecological processes
each planning estate.
17. Detailed zoning plan is a detailed plan in 1
as a unit of coastal ecosystem.
13. Strategic plan is a plan which contains the di-
(one) zone based on managerial directives in
rection of cross-sectoral policies for develop-
the zoning plan by observing the supporting
ment planning estate by setting broad goals,
capacity of the environment and applied tech-
targets and strategies, as well as execution
nology and the availability of facilities which
targets with proper indicators to monitor na-
in turn indicate the types and number of per-
tional plan.
mits issued by the government and regional
14. Zoning plan is a plan which determines direction in the use of resources from each unit of
18. Location permit is a permit which is issued to
plan by setting space structure and pattern
use space of part of coastal waters covering
in planning estate which contains permissible ,
sea surface and water column until seabed
and impermissible activities and activities
surface in certain acreage limit and/or to use
that can be carried out after securing a per-
part of small islands.
mit.
20
governments.
18A.Management permit is a permit which is
15. Management plan is a plan which contains
issued to carry out activities related to the
a frame of policies, procedures and respon-
use of resources in coastal areas and small
sibilities to coordinate a decision-making pro-
islands.
cess among various government institutions/
19. Conservation of coastal areas and small is-
agencies on the agreement to use resources
lands is an effort made to protect, conserve
or carry out development activities in the des-
and use coastal areas and small islands and
ignated zone.
their ecosystem to ensure the presence, avail-
16. Management action plan is a follow up to a
ability and continuation of resources in coast-
plan to manage coastal areas and small is-
al areas and small islands by always main-
lands which contain goal, target, budget and
taining and improving the quality of value and
timeline for one or several hears ahead in
diversity.
a coordinated way to carry out various ac-
20. Conservation area in coastal areas and small
tivities needed by government agencies, re-
islands is coastal area and small islands with
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certain typical characteristics protected to
to a change in the physical and/or biological
create the management of coastal areas and
characteristics of coast, the loss of human ,
small islands in a sustainable way.
lives and property and/or damage to coastal
areas and small islands.
21. Coastal border is land along the border whose '
width is in proportion to the physical form and
27. Large impact is a negative change in the func-
condition of the coast, a minimum of 100 (a
tion of the environment on a wide scale with
hundred) meters from the highest tidal point '
long intensity as a result of a business and/or
in the direction of the land.
activity in coastal areas and small islands.
22. Rehabilitation of resources of coasts and
27A.Significant impact with wide scope and stra-
small islands is the process of rehabilitat-
tegic value is a change that has an impact on
ing and improving the damaged ecosystem
biophysical condition such as climate change,
or population although the result is different
ecosystem, and socio-economic impact on
from the previous condition.
the present and future generations.
23. Reclamation is the activity carried out by any-
28. Coastal pollution is the entry of creature, sub-
body to increase the benefit of land resources
stance, energy, and/or other components to
from the point of environmental, social and
the coastal environment as a result of human
economic views by filling the coast with soil,
activity so that the quality of coast declines
drying the land or drainage.
to a certain level that makes the coastal environment unable to function according to its
24. The supporting capacity of coastal areas and
appropriation.
small islands is the capacity of coastal areas ;
29. Accreditation is the procedure of acknowl-
and small islands to support the life of hu-
edging an activity that consistently meets the
mans and other creatures.
standard system of managing coastal areas
25. Disaster mitigation is an effort to mitigate the '
risk of disaster in a structural or physical way
and small islands covering assessment, ap-
by carrying out natural and/or artificial physi-
preciation, and incentives for management
cal development or in a non-structural or non-
programs conducted by the public voluntarily.
physical way by improving the capability to
30. Main stakeholder is users of resources in
face the threat of disasters in coastal areas
coastal areas and small islands who have di-
and small islands.
rect interests in taking optimum advantage of
26. Coastal disaster is a happening caused by
natural event or human activity that leads
resources in coastal areas and small islands,
,I
such as traditional fishermen, modern fisher-
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i
21
men, fish farmers, tourism businessmen, fish-
valid in the life of the community.
ery companies and the public.
31. People empowerment is an effort to provide
37. Representative lawsuit is a lawsuit which
facilities, motivation or assistance to the pub-
constitutes the right of a small group of peo-
lic and traditional fishermen to enable them
ple to represent a large number of people to
to determine the best choice in taking advan-
file a lawsuit based on common problem, le-
tage of resources in coastal areas and small
gal fact and compensation suit.
38. Anybody is an individual or corporation, ei-
islands in a sustainable way. .
32. Community is community consisting of cus-
ther with legal entity or not.
tomary law community, local community and
39. House of Representatives, hereinafter called
traditional community residing in coastal ar-
DPR, is the House of Representatives as re-
eas and small islands.
ferred to in the 1945 Constitution.
33. Customary law community is a group of
40. Central government, hereinafter called the
people who hereditarily reside in a certain
government, is the President of the Repub-
geographic area in the Unitary State of the
lic of Indonesia, who holds the government
Republic of Indonesia due to ancestry, strong
power of the Unitary State of the Republic of
ties with land, area, and natural resources,
Indonesia as referred to in the 1945 Constitu-
have customary government rules, custom-
tion.
ary legal rule in the customary area according
41. Regional government is a governor, regent or
mayor and regional apparatuses as the execu-
to the law and regulation.
34. Local community is a group of people who
tor of regional administration.
run daily life rule based on the habit accepted
42. Regional administration is the execution of
as common values but not fully rely on cer-
government affairs by the regional govern-
tain resources in coastal areas and small is-
ment and regional legislative council ac-
lands.
cording to the principles of autonomy and
35. Traditional community is a fishery traditional
assistance tasks under the principles of wide-
community whose traditional right is still rec-
ranging autonomy in the system and principle
ognized in catching fish or carrying out other
of the Unitary State of the Republic of Indo-
legal activities in a certain area in the waters
nesia as referred to in the 1945 Constitution.
of islands according to the rules of interna-
43. Maritime partner is a stakeholder network
tional sea law.
22
36. Local wisdom is noble values that are still
in the management of coastal areas and
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small islands in strengthening the capacity
and/or suggestions to the draft final plans for
of human resources, institution, education,
the management of coastal areas and small
counseling, counterpart, training, applied
islands within a period of 30 (thirty) working
research, and development of policy recom-
days.
(7) If the responses and/or suggestions as re-
mendation.
44. Minister is a minister carrying out government
ferred to in paragraph (6) are not met, the
affairs in the marine affairs and fisheries sec-
draft final plans for the management of coast-
tor
al areas and small islands shall be put into
force definitively.
Paragraphs (1) and (7) Article 14 are amended so
3. The title of Part One Chapter V is amended so
that the article reads as follows :
that it reads as follows:
Article 14
(1)
Proposals for RSWP-3-K, RZWP-3-K, RPWP-
Part One
3-K, and RAPWP-3-K are filed by regional gov-
Permits
ernments, community and business world.
(2)
The mechanism of drawing up RSWP-3-K,
,
4. Article 16 is amended so that it reads as follows:
RZWP-3-K, RPWP-3-K, and RAPWP-3-K by
Article 16
provincial governments and regency/munici-
(1) Anybody that utilizes space of part of coastal
pal governments shall involve the community.
waters and utilizes part of small islands per-
(3) Regional governments shall disseminate the
concepts of RSWP-3-K, RZWP-3-K, RPWP-
manently shall hold a location permit.
(2)
The location permit as referred to in para-
3-K, and RAPWP-3-K to obtain inputs, re-
graph (1) serves as the basis for the issuance
sponses and suggestions for improvement,
of a management permit.
(4) Regents/mayors shall file final plans for the
management of coastal areas and small is- ' 5. Article 17 is amended so that it reads as follows:
lands to governors and the minister.
Article 17
(5) Governors shall file final plans for the man-
(1) The location permit as referred to in Article
agement of coastal areas and small islands in
16 paragraph (1) is issued based on the zon-
the provinces to the minister and/or regents/
ing plan of coastal areas and small islands.
mayors in the provinces concerned.
(6) Governors or the minister shall give responses
(2) The issuance of the location permit as referred to in paragraph (1) shall consider the
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conservation of ecosystem of coastal areas
and small islands, the community, traditional
(2) The management permit for activities other
fishermen, national interests, and peaceful
than those as referred to in paragraph (1) is
passing rights for foreign ships.
issued according to the law and regulation.
(3) The location permit as referred to in paragraph
(4)
6.
hold a management permit.
(3) If the use of resources in the waters of coast-
(1) is given for certain acreage and time.
al areas and small islands has not been gov-
Location permit cannot be given to core zone
erned based on the provisions as referred to
in the conservation area, sea lane, port area
in paragraphs (1) and (2) it shall be governed
and public coast.
by a government regulation.
Article 18 is amended so that it reads as follows:
8. Article 20 is amended so that it reads as follows:
Article 18
Article 20
If the holder of location permit as referred to in
(1) The government and regional governments
Article 16 paragraph (1) does not realize his/her
shall facilitate the issuance of location per-
activities within a maximum period of 2 (two)
mits and management permits to the local
since the issuance of the permit, he/she shall be
community and traditional community.
subject to administrative sanctions by having his/
her location permit revoked.
(2) The permits as referred to in paragraph (1) are
issued to the local community and traditional
community utilizing space and resources of
7.
Article 19 is amended so that it reads as follows:
Article 19
the waters of coastal areas and small islands
to meet their daily needs.
(1) Anybody that uses resources in the waters
of coastal areas and small islands for :
a.
salt production;
b.
marine biopharmachology;
c.
marine biotechnology;
of coastal areas and small islands in the area
d.
use of sea water other than energy;
of customary law community by customary
e.
marine tourism;
law community becomes the authority of the
f.
installation of underwater pipes and ca-
local customary law community.
Article 21
(1) The use of space and resources of the waters
bles; and/or
g.
24
9. Article 21 is amended so that it reads as follows:
(2) The use of space and resources of the waters
salvage of cargoes of a sunken ship, shall
of coastal areas and small islands as referred
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to in paragraph (1) is done by considering na-
management permits shall meet technical, admin-
tional interests and according to the law and
istrative and operational qualifications.
regulation.
Article 22C
10. Article 20 is amended so that it reads as follows:
suing, revocation, period of time, acreage and ex-
Article 22
(1)
Further provisions on the terms, procedure of is-
The obligation to hold the permits as referred
piry of location permits and management permits
to in Article 16 paragraph (1) and Article 19
are to be provided for in government regulations.
paragraph (1) is excepted to customary law
, 12. Article 23 is amended so that it reads as follows: I
community.
Article 23
(2) The customary law community as referred to
in paragraph (1) is recognized according to
(1) The use of small islands and surrounding waters is done based on a comprehensive eco-
the law and regulation.
logical and economic unit integrated with a
11. In-between Articles 22 and 23, 3 (three) articles,
namely Articles 22A, 22B, and 22C are inserted
nearby large island.
(2) The use of small islands and surrounding waters is prioritized for the following interests:
as follows:
a. conservation;
Article 22A
The location permit as referred to in Article 16
b. education and training;
paragraph (1) and the management permit as
c. research and development;
referred to in Article 19 paragraph (1) are is-
d. sea farming;
sued to :
e. tourism;
a.
individuals as Indonesian citizens;
f. environmentally friendly fishery and mari-
b.
corporations set up based on the Indonesian
c.
time business and fishery industry;
law; or
g. organic agriculture;
cooperatives set up by the community.
h. husbandry; and/or
i. state defense and security.
Article 22B
(3) Except for conservation, education and train-
Individuals as Indonesian citizens or corporations
ing, and research and development purposes,
set up based on the Indonesian law and coop-
the use of small islands and surrounding wa-
eratives set up by the community that apply for
ters shall :
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25
a.
b.
c.
meet the requirements of environment&
(5) Further provisions on the transfer of shares
management;
and acreage of land as referred to in para-
consider the capacity and conservation of
graph (4) letters f and h are to be provided
the local water management system; and
for in a presidential regulation.
use environmentally friendly technology.
14. Article 30 is amended so that it reads as follows:
Article 30
13. In-between Articles 26 and 27, 1 (one) article,
namely Article 26A is inserted as follows:
core zone in a conservation area for exploita-
Article 26A
(1)
The use of small islands and surrounding wa-
tion is stipulated by the minister based on the
ters for foreign investment shall secure a per-
results of an integrated research.
(2) The minister forms a team to conduct the in-
mit from the minister.
(2)
(3)
The foreign investment as referred to in para-
tegrated research as referred to in paragraph
graph (1) shall give priority to national inter-
(1) comprising elements of relevant ministries
ests.
and institutions, social figures, academics,
The permit as referred to in paragraph (1) is
and fisheries and maritime affairs practitio-
issued after receiving recommendations from
ners.
(3) The change in the appropriation and func-
the regent/mayor concerned.
(4)
(1) A change in the appropriation and function of
The permit as referred to in paragraph (1)
tion of core zone as referred to in paragraph
shall meet the following requirements:
(1) which has a significant impact with wide
a.
legal entity in the form of limited liability
scope and strategic values, is stipulated by
company;
the minister after securing approval from
b.
ensuring public access;
DPR.
c.
uninhabited;
d.
not yet utilized by the local community;
of core zone as referred to in paragraphs (1),
e.
cooperating with Indonesian participant;
(2), and (3) is provided for in a ministerial reg-
f.
transferring shares to Indonesian partici-
ulation.
(4) The procedure of appropriation and function
pant in stages;
g.
conducting transfer of technology; and
h.
paying attention to ecological, social and
economic aspects in the acreage of land. '
26
15. Article 50 is amended so that it reads as follows:
Article 50
(1) The minister has the authority to issue and
BulintinehivOrk4SW03119.7442,014
revoke the location permits as referred to in
(2) The procedure of issuing and revoking per-
Article 16 paragraph (1) and the management
mits and change in the status of core zone as
permits as referred to in Article 19 paragraph
referred to in paragraph (1) is to be provided
(1)in the waters of coastal areas and small is-
for in a ministerial regulation.
lands located in more than 1 (one) provinces,
national strategic area, certain national stra-
17. Article 60 is amended so that it reads as follows:
Article 60
tegic area and national conservation area.
(2)
Governors have the authority to issue and
revoke the location permits as referred to in
the community have the right to :
Article 16 paragraph (1) and the management
a.
have access to part of coastal waters
permits as referred to in Article 19 paragraph
given a location permit and management
(1) in the waters of coastal areas and small
permit;
islands according to their authority.
(3)
(1) In managing coastal areas and small islands,
b.
areas into RZWP-3-K;
Regents/mayors have the authority to issue
and revoke the location permits as referred
c.
to in Article 16 paragraph (1) and the management permits as referred to in Article 19
propose the inclusion of traditional fishing
propose the inclusion of the areas of customary law community into RZWP-3-K;
d.
manage resources in coastal areas and
paragraph (1) in the waters of coastal areas
small islands based on the customary law
and small islands according to their authority.
which is not against the law and regulation;
16. Article 51 is amended so that it reads as follows:
e.
Article 51
areas and small islands;
(1) The minister has the authority to :
a.
f.
issue and revoke permits to use small islands and surrounding watersthat have
b.
benefit from the management of coastal
obtain information related to the management of coastal areas and small islands;
g.
file a report and complaint to the autho-
a significant impact with wide scope
rized party about the losses they suffer
and strategic value on an environmental
from the management of coastal areas
change; and
and small islands;
stipulate a change in the status of
h.
express objections to the planned man-
core zone in the national conservation
agement announced for a certain period
area.
of time;
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27
i.
file a report to the law enforcement agen-
Article 63
cy about alleged pollution, pollution, and/
(1) The government and regional governments
or damage of coastal areas and small is-
have the obligation to empower the commu-
lands that harm their life;
nity to improve their welfare.
file a lawsuit with the court against van-
(2) The government and regional governments
ous problems related to coastal areas and
have the obligation to encourage the business
small islands that harm their life;
activities
k.
receive compensation; and
their capacity, giving them access to tech-
!.
obtain legal counsel and assistance with
nology and information, capital, infrastruc-
regard to their problem related to the
ture, market guarantee, and other productive
management of coastal areas and small
economic assets. (3)In an effort to empower
islands according to the law and regula-
the community, the government and regional
tion.
governments shall create, grow and improve
j.
awareness and responsibility in :
(2) In the management of coastal areas and small
islands the community are obliged to :
a.
decision making;
a.
give information on the management of
b.
management;
coastal areas and small islands;
c.
partnership
b.
c.
e.
the
community,
business world, and the government/re-
tion of coastal areas and small islands;
gional governments;
report danger, pollution and/or damage
d.
e.
monitor the implementation of plan for
the development and application of national policies in the environmental field;
small islands;
d.
between
guard, protect and maintain the conserva-
of the environment in coastal areas and
'
the development and application of preventive and proactive efforts to prevent
the management of coastal areas and
the degradation of the supporting capac-
small islands; and/or
ity and accommodating capacity of coast-
implement programs on the management
al areas and small islands;
of coastal areas and small islands agreed
f.
upon at a village level,
the use and development of environmentally friendly technology;
g.
18. Paragraph (2) Article 63 is amended so that the
Buffausitltet4.61816051-
the provision and dissemination of information on the environment; and
h.
article reads as follows:
28
of the community by improving
Z 21314
giving awards to people for their services
28
in the management of coastal areas and
(5) Further provisions on administrative sanctions as referred to in paragraphs (2) and (4)
small islands.
(4) Further provisions on guide to empowering
the community are to be provided for in a
are to be provided for in a government regulation.
ministerial regulation.
20. Article 75 is amended so that it reads as follows:
Article 75
19. Article 71 is amended so that it reads as follows:
Article 71
Anybody who uses space of part of the waters
(1) The use of space of part of waters of coast-
of coastal areas and part of small islands with-
al areas and the use of part of small islands
out a location permit as referred to in Article 16
which do not comply with the location per-
paragraph (1) shall be sentenced to a maximum
mits as referred to in Article 16 paragraph (1)
of 3 (three) years in jail and fined a maximum of
shall lead to the imposition of administrative
Rp500,000,000.00 (five hundred million rupiah).
sanctions.
(2) The administrative sanctions as referred to in
paragraph (1) come in the form of warning,
21.1n-between Articles 75 and 76, 1 (one) article,
namely Article 75A is inserted as follows:
Article 75A
temporary freezing, and/or revocation of loca-
Anybody who uses resources in the waters of
tion permits.
(3) The use of the waters of coastal areas and the
coastal areas and small islands without a man-
waters of small islands which do not comply
agement permit as referred to in Article 19 para-
with the management permits as referred to
graph (1) shall be sentenced to a maximum of
in Article 19 paragraph (1) shall lead to the
4 (four) years in jail and fined a maximum of
imposition of administrative sanctions.
Rp2,000,000,000.00 (two billion rupiah).
(4) The administrative sanctions as referred to in
paragraph (3) come in the form of :
22.1n-between Articles 78 and 79, 1 (one) article,
a.
written warning;
b.
temporary suspension of activity;
c.
closure of location;
Conservation areas in coastal areas and small is-
d.
revocation of permit;
lands already designated by the law before the
e.
cancellation of permit; and/or
enactment of this law become the authority of
f.
administrative fines.
the minister.
namely Article 78A is inserted as follows:
Article 78A
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29
ELUCIDATION
Article 78B
When this Law begins to come into force, the
OF
existing permits to use resources in the waters of
LAW NO. 1/2014
coastal areas and small islands shall remain valid
ON
and be adjusted to this Law no later than 3 (three)
AMENDMENT TO LAW NO. 27/2007 ON
THE MANAGEMENT OF COASTAL AREAS
years.
AND SMALL ISLANDS
Article 11
This Law shall come into force as from the
I. GENERAL
date of promulgation.
For public cognizance, this Law shall be pro-
The state ideology Pancasila and the pream-
mulgated by placing it in the Statute Book of the Re-
ble of the 1945 Constitution have mandated the state
public of Indonesia.
to take responsibility for protecting the entire Indonesian nation, promoting public welfare and creating so-
Stipulated in Jakarta
cial justice for the entire Indonesian nation. The state
On January 15, 2014
responsibility for protecting the Indonesian people is
THE PRESIDENT OF THE REPUBLIC OF INDONESIA,
carried out by controlling natural resources owned by
sgd.
the state including the management of coastal areas
DR. H. SUSILO BAMBANG YUDHOYONO
and small islands.
The management of coastal areas and small
Promulgated in Jakarta
islands has so far not given the state adequate author-
On January 15, 2014
ity and responsibility for the management of coastal
THE LAW AND HUMAN RIGHTS MINISTER OF
areas and small islands through the mechanism of
THE REPUBLIC OF INDONESIA,
granting coastal area concession rights (HP-3).
sgd.
The HP-3 mechanism reduces the right of
AMIR SYAMSUDIN
the state to control themanagement of coastal areas
and small islands so that provisions on HP-3 set by
STATUTE BOOK OF THE REPUBLIC OF INDONESIA
the Constitutional Court through Decree No. 3/PUU-
OF 2014 NO. 2
VIII/2010 are declared contradicting the 1945 Constitution and has no legal binding force.
Business News 8605-8606/9-24-2014
The enactment of Law No. 27/2007 on the
Coastal Areas and Small Islands according to the de-
Management of Coastal Areas and Small Islands is
velopment of and need for law in the community. In
very strategic to ensure the continued management
general, this law covers the granting of rights to the
of resources in coastal areas and small islands and
community to propose strategic plan, zoning plan,
improve the welfare of the community residing in the
management plan, and action plan for the manage-
coastal areas and small islands. However, the imple-
ment of coastal areas and small islands; regulations
mentation of Law No. 27/2007 on the Management
on location permits and management permits to any-
of Coastal Areas and Small Islands has not given op-
body and customary law community, local commu-
timum gains. Therefore, to optimize the management
nity, and traditional community using resources in
of coastal areas and small islands, the state is respon-
coastal areas and small islands; regulations on the
sible for the the management of coastal areas and
use of small islands and surrounding waters; and the
small islands by allowing other parties (individuals
granting of authority to the minister, governors, and
or private parties) to control them through licensing
regents/mayors in the management of coastal areas
mechanism without reducing state authority to make
and small islands.
policies (beleid), implement regulation (regelendaad),
conduct management (bestuursdaad), conduct con-
II. ARTICLE BY ARTICLE
trol (aad), and conduct supervision (toez ichthoudensdaad).
Article I
This way the state will continue to control
and supervise the management of coastal areas and
Point 1
Article 1
small islands intact.
Sufficiently clear.
The management of coastal areas and small
islands is also done by constantly recognizing and
Point 2
respecting units of customary law community and
Article 14
their traditional rights according to the principles of
Paragraphs (1) and (2)
the Unitary State of the Republic of Indonesia, and
Sufficiently clear.
recognizing and respecting local community and traditional community residing in coastal areas and small
islands.
Paragraph (3)
Inputs, responses and suggestions for im-
Based on the considerations, it is necessary
provement from various main stakeholders, govern-
Law NO. 2712007 on the Management of
ment agencies, provincial governments, and regency/
to aMeOC1
Business News < i605-8606/ 9-24-2014
;
31
GOVERNMENT REGULATIONS
municipal governments in their territories are sent ef-
Point 5
fectively through available communication networks.
Article 17
Paragraph (1)
Sufficiently clear.
Paragraph (4)
Sufficiently clear.
Paragraph (2)
Paragraph (5)
Referred to as "traditional fisherman" is a
Provincial governments are obliged to improve
fisherman using a boat without engine, catching fish
and publish final plans for the management of coastal
hereditarily, having a fixed fishing area and catching
areas and small islands based on inputs, responses
fish to meet daily needs.
and suggestions for improvement from the responding parties.
Paragraph (3)
Sufficiently clear.
Paragraph (6)
Sufficiently clear.
Paragraph (4)
Port area covers the surrounding area of the
Paragraph (7)
port interest and the working area of the port.
If final plans for the management of coastal
Public coast is part of public utilization area
areas and small islands do not receive responses and/
used by the community among others for religious,
or suggestions until the time limit specified by this
social, and cultural interests, tourist recreation. Sports
law the plans should be considered final,
and economic activity.
Point 3
Point 6
Sufficiently clear.
Article 18
Sufficiently clear.
Point 4
Article 16
Sufficiently clear.
Point 7
, Article 19
Sufficiently clear.
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Business News 8605-8606/9-24-2014
Sufficiently clear.
Point 8
Article 20
Paragraph (4)
Paragraph (1)
Referred to as "facility" can among others be
Letter a
Sufficiently clear.
light requirement and quick service.
Paragraph (2)
Letter b
Referred to as "public access" is entrance in
Sufficiently clear.
the form of facility including:
a.
Point 9
face of coastal disaster;
Article 21
Sufficiently clear.
the community's access to coastal border in the
b.
the community's access to coast to enjoy the
natural scenery;
Point 10
c.
activities, including access to drinking water or
Article 22
clean water;
Sufficiently clear.
Point 11
Article 22A
fishermen's and fish farmers' access to fishery
d.
access to public services; and
e.
the community's access to religious and customary activities in the coast.
Sufficiently clear.
Letter c and letter d
Article 22B and Article 22C
Sufficiently clear.
Sufficiently clear.
Letter e
Point 12
Article 23
Sufficiently clear.
Indonesian participants include the government, provincial governments, regency/municipal
governments, state-owned companies, regional government-owned companies, micro, small and medium
Point 13
businesses, cooperatives and private national compa-
Article 26A
nies.
Faragraph c11 up to Paragraph 131
Business News 8605-8606/9-24-2014
33
a conservation area in coastal areas and small islands
Letter f and letter g
managed by the government.
Sufficiently clear.
Paragraph (2) and Paragraph (3)
Letter h
Sufficiently clear.
Referred to as "ecological aspect" is aspects
affecting the conservation of the environment/eco-
Point 16
system on small islands.
Referred to as "social aspect" is aspects af-
Article 51
Sufficiently clear.
fecting the life (social cultural system) of the community in small islands.
Referred to as "economic aspect" is aspects
Point 17
affecting the viability of business/investment and the
Article 60
level of the community's prosperity in small islands.
Paragraph (1)
Letter a
Sufficiently clear.
Paragraph (5)
_
.
.
Sufficiently clear.
Letter b
Point 14
Referred to as "traditional fishing area" is a
Article 30
fishing area for fishing activities conducted by tradi-
Paragraph (1)
tional fishermen.
Integrated research is conducted to ensure
the objectivity and quality of research results.
Letter c up to letter I
Sufficiently clear.
Paragraph (2) up to Paragraph (4)
Sufficiently clear.
Paragraph (2)
Sufficiently clear.
Point 15
Article 50
Point 18
Paragraph (1)
Article 63
Referred to as "national conservation area" is
34
Sufficiently clear.
Business News 8605-8606/9-24-2014
Point 19
cluding :
Article 71
a.
Seribu Islands (Marine) National Park;
b.
Karimunjawa Islands National Park;
Sufficiently clear.
.
Bunaken (Marine) National Park;
Point 20
d.
Wakatobi Islands (Marine) National Park;
Article 75
e.
Taka Bonerate (Marine) National Park;
f.
Cenderawasih Bay National Park; and
Sufficiently clear.
.
Togean Islands National Park.
Point 21
Article 78B
Article 75A
Sufficiently clear.
Sufficiently clear.
Article II
Point 22
Sufficiently clear.
Article 78A
Referred to as "conservation area in coastal
areas and small islands" includes nature reserve and
SUPPLEMENT TO STATUTE BOOK OF
nature conservation reserve in coastal areas and small
THE REPUBLIC OF INDONESIA NO. 5490
islands, in the form of national park/marine national
park, marine wildlife reserve, marine nature reserve,
(5)
marine tourist park, and marine nature preserve in-
Business News 8605-8606/ 9-24-2014
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