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LAW OF THE REPUBLIC OF INDONESIA
No.31/2004

CONCERNING
FISHERY

WITH GRACE OF THE ALMIGHTY GOD,
PRESIDENT OF THE REPUBLIC OF INDONESIA,

Attachment

Considering:

In view of:

Articles 20, 21 and 33 of 1945 Constitution.

With joint approval of
THE HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA,
And
PRESIDENT OF THE REPUBLIC OF INDONESIA

DECIDES:

To stipulate:

LAW ON FISHERY

CHAPTER I
GENERAL PROVISIONS

Part One
Definitions

Article 1

Hereinafter referred to as:

Part Two
Principles and Purposes

Article 2

Fish cultivation is implemented based on the principles of benefit, justice, partnership, even distribution, integration, openness, efficiency and continuing conservation.

Article 3

Fish cultivation is implemented for the purposes:

CHAPTER II
SCOPE

Article 4

This Law is applicable for:

CHAPTER III
FISH CULTIVATION TERRITORY

Article 5

(1) The Indonesian fish cultivation territory for fish catching and/or breeding consists of:

(2) Fish cultivation outside the Indonesian fish cultivation territory, as set forth in paragraph (1), shall be operated based on the laws, conditions and/or inter national standards, which are generally acceptable.

CHAPTER IV
FISH CULTIVATION

Article 6

(1) Fish cultivation in the Indonesian fish cultivation territory shall be done for the achievement of optimal and constant benefit and guaranteed conservation of fish resources.

(2) Fish cultivation for fish catching and breeding purposes must observe the traditional law and/or local point of view and the role of the society.

Article 7

(1) In the framework of supporting of fish resource cultivation policy, the Minister will determine:

(2) Every person who operates fish cultivation business and/or activity must obey the provisions of paragraph (1) relating to:

(3) The Minister shall determine the potentiality and permitted quantity of fish caught, as set forth in paragraph (1) clauses b and c, after considering the recommendation of the national commission examining fish resources.

(4) The national commission, as referred to in paragraph (3), is established by the Minister with membership composing of experts from the related institutions.

(5) The Minister shall determine the types of fish of the water territory, which are protected, including the national sea park for the purposes of science, culture, tourism and/or conservation of fish resources and/or the environment thereof.

(6) In the framework of acceleration of fishery development, the government shall form a national fishery development advisory council presided by the President with members consisting of the related ministers, fishery association and individuals having interest in fishery development.

(7) Further provisions regarding structure of organization and operational procedure of the national fishery development advisory council, as set forth in paragraph (6), will be stipulated in a Presidential Decree.

Article 8

(1) Every person shall not do fish catching and/or breeding by chemical substances, biological substances, explosives, means and/or methods and/or structures, which may harm and/or damage the conservation of fish resources and/or the environment thereof in the Indonesian fish cultivation territory.

(2) The ship master or captain of the fishing boat, fish catching specialist and ship crews who catch fish shall not use chemical substances, biological substances, explosives, means and/or methods and/or structures, which may harm and/or damage the conservation of fish resources and/or the environment thereof in the Indonesian fish cultivation territory.

(3) Owners of fishing boats, owners of fishery companies, managers of fishery companies and/or fishing boat operators shall not use chemical substances, biological substances, explosives, means and/or methods and/or structures, which may harm and/or damage the conservation of fish resources and/or the environment thereof in the Indonesian fish cultivation territory.

(4) Owners, authorized parties and/or managers of fish breeding companies shall not use chemical substances, biological substances, explosives, means and/or methods and/or structures, which may harm and/or damage the conservation of fish resources and/or the environment thereof in the Indonesian fish cultivation territory.

(5) The use of chemical substances, biological substances, explosives and means and/or methods and/or structures for catching and/or breeding fish, as set forth in paragraph (1), shall only be allowed for research purposes.

(6) Further provisions regarding the use of chemical substances, biological substances, explosives, means and/or methods and/or structures for catching and/or breeding fish, as set forth in paragraph (5), will be stipulated in a Government Regulation.

Article 9

Every person shall not own, control, bring and/or use in the fishing boat in the Indonesian fish cultivation territory, the following items:

Article 10

(1) For international cooperation purposes, the government:

(2) The government shall play an active role in the membership of regional and international agencies/institutions/organizations in the framework of cooperation in the regional and international fish cultivation.

Article 11

(1) For the conservation of fish resources and utilization of fish breeding grounds, the Minister shall determine a critical condition, which endangers or may endanger the availability of fish, fish species, or fish breeding grounds in the Indonesian fish cultivation territory.

(2) Minister shall publish the steps to prevent the critical condition, as set forth in paragraph (1).

Article 12

(1) Every person shall not do something, which will cause pollution and/or damage to fish resources and the environment thereof in the Indonesian fish cultivation territory.

(2) Every person shall not do fish breeding, which may endanger fish resources and the environment thereof and/or human health in the Indonesian fish cultivation territory.

(3) Every person shall not cultivate fish as a result of genetic engineering, which may endanger fish resources and the environment thereof and/or human health in the Indonesian fish cultivation territory.

(4) Every person shall not use medicine in breeding fish, which may endanger fish resources and the environment thereof and/or human health in the Indonesian fish cultivation territory.

(5) Further provisions regarding the matters as set forth in paragraphs (1), (2), (3) and (4) will be set forth in a Government Regulation.

Article 13

(1) In the framework of cultivation of fish resources, efforts to conserve the ecosystem, fish and fish engineering shall be implemented.

(2) Further provisions regarding the conservation of the ecosystem, fish and fish engineering, as set forth in paragraph (1), will be stipulated in a Government Regulation.

Article 14

(1) The government shall regulate and/or develop the utilization of sperm plasma relating to fish resources in the framework of conservation of the ecosystem and preservation of fish resources.

(2) Every person must preserve sperm plasma relating to fish resources.

(3) The government shall monitor the introduction of new types of fish from abroad and/or inter-island traffic to ensure the preservation of sperm plasma relating to fish resources.

(4) Every person shall not harm sperm plasma relating to fish resources.

(5) Further provisions regarding the utilization and conservation of sperm plasma relating to fish resources, as set forth in paragraphs (1), (2) and (3), will be stipulated in a Government Regulation.

Article 15

The government shall manage the introduction and/or exit of types of candidate mothers and/or germs of fish into and from the Indonesian fish cultivation territory.

Article 16

(1) Every person shall not introduce, exit, procure, distribute and/or cultivate fish that harm the society, fish cultivation, fish resources and/or fish resource environment to and/or from the Indonesian fish cultivation territory.

(2) Further provisions regarding the introduction, exit, procurement, distribution and/or cultivation of fish, as set forth in paragraph (1), will be stipulated in a Government Regulation.

Article 17

The government shall manage and develop the utilization of facilities and infrastructure for fish breeding in the framework of development of fish breeding grounds.

Article 18

(1) The government shall manage and develop procedure for utilization of water and grounds for fish breeding.

(2) The management and development of the procedure for utilization of water and grounds for fish breeding, as set forth in paragraph (1), shall be done in the framework of guaranteeing of water quantity and quality for fish breeding purposes.

Article 19

(1) The government shall determine the qualifications and standards, of means of transportation, unit of storage of products of fish breeding and unit for management of health for fish arid the environment thereof.

(2) The government will supervise the means of transportation, unit of storage of products of fish breeding and unit of management of health of fish and the environment thereof.

(3) The government and the society shall manage health of fish and the environment thereof, as set forth in paragraph (1).

(4) Further provisions regarding conditions and standards for the monitoring of means of transportation, unit of storage of products of fish breeding and unit of management of health of fish and the environment thereof, as set forth in paragraphs (1) and (2) and the realization of management of health of fish rnd the environment, as set forth in paragraph (3), will be stipulated in a Government Regulation.

Article 20

(1) The process of cultivation of fish and fishery products must fulfill the conditions of fish cultivation worthiness, quality guarantee system and safety of fishery products.

(2) The qualify guarantee system and safety of fishery pro-ducts, as set forth in paragraph (1), consist of sub-systems of:

(3) Every person who handles and cultivates fish must obey and apply the conditions for fish cultivation worthiness, quality guarantee system and safety of fishery products.

(4) Every person who has obeyed and implemented the conditions for fish cultivation, as referred to in paragraph (3), shall obtain a Certificate of Fish Cultivation Worthiness.

(5) Every person who has fulfilled and implemented the conditions for implementation of system of guarantee of quality of fishery products, as set forth in paragraph (3), will obtain a Certificate of Application of Integrated Quality Management Program.

(6) Fish as a result of catching and/or breeding must fulfill standards of quality and safety of fishery products.

(7) Products as a result of fish cultivation must comply with the criteria and/or standards of quality and safety or fishery products, as set forth in paragraph (2) clause b.

(8) Any matters relating to fish cultivation industry, Which are not stipulated in this Law, will be implemented in accordance with the applicable laws.

Article 21

Every person who introduces or exits fish and/ or fishery products from and/or to the Indonesian territory must have a certificate of health for human consumption.

Article 22

Further provisions regarding quality guarantee system and safety of fishery products, certificate of processing worthiness, certificate of integrated implementation of quality management, as set forth in Article 20 and certificate of health, as set forth in Article 21, will be stipulated in a Government Regulation.

Article 23

(1) Every person shall not use raw materials, additives, auxiliary materials and/or tools endangering human health and/or the environment in handling and cultivating fish.

(2) The government shall determine the raw materials, additives, auxiliary materials and/or tools endangering human health and/or the environment in handling and cultivating fish.

Article 24

(1) The government shall encourage increase of added value of fishery products.

(2) The government may limit export of raw materials for fish cultivation industry to guarantee the availability of such raw materials domestically.

(3) Further provisions regarding increase of added value of fishery products, as set forth in paragraph (1) and guarantee of the availability of raw materials for fish cultivation industry locally and limitation of export of raw materials, as set forth in paragraph (2), will be stipulated in a Government Regulation.

CHAPTER V
FISHERY BUSINESS

Article 25

Fishery business shall be operated based on a fishery business system consisting of pre-production, production, processing and marketing.

Article 26

(1) Every person who operates fishery business and specializes in fish catching, breeding, transportation, processing and marketing of fish within the Indonesian Fish Cultivation Territory must have SIUP.

(2) The obligation to have SIUP, as referred to in paragraph (1), is inapplicable for small fishermen and/or small fish breeders.

Article 27

(1) Every person having and/or operating fishing boat with an Indonesian flag used to catch fish in the Indonesian Fish Cultivation Territory and/or the open seas must have SIPI.

(2) Every person having and/or operating fishing boat with a foreign flag used to catch fish in the Indonesian Fish Cultivation Territory must have SIPI.

(3) SIPI, as set forth in paragraph (1), is issued by the Minister.

(4) Fishing boats with Indonesian flags catching fish within the jurisdiction of another country must obtain prior approval of the government.

Article 28

(1) Every person having and/or operating fish transporting boat within the Indonesian Fish Cultivation Territory must have SIKPI.

(2) SIKPI, as set forth in paragraph (1), is issued by the Minister.

Article 29

(1) Fishery business within the Indonesian Fish Cultivation Territory shall only be operated by Indonesian citizens or Indonesian corporations.

(2) Exceptions from the provision of paragraph (1) will be permitted for foreign individuals or corporations catching fish within ZEEI as far as it relates to the liabilities of Indonesia based on international agreement or provisions of the applicable international laws.

Article 30

(1) The issuance of fishery business license to foreign individuals and/or corporations operating within ZEEI must be preceded with fishery agreement, access regulating, or any other consensus between the Indonesian government and the
government of the ship's flag.

(2) Fishery agreement executed by and between the Indonesian government and the government of the country of-the ship's flag, as set forth in paragraph (1), must mention liabilities of the government of the country of the ship's flag on compliance responsibility of the individual or corporation of the country of the ship's flag to obey the fishery agreement.

(3) The government shall determine the regulating of issuance of fishery business license to foreign individuals and/or corporations operating in ZEEI, fishery agreement, access regulating, or any other consensus between the Indonesian government and the government of the country of the ship's flag.

Article 31

(1) Every fishing boat used to catch fish in the Indonesian Fish Cultivation Territory must be completed with SIPI.

(2) Every fishing boat used to transport fish in the Indonesian Fish Cultivation Territory must be completed with SIKPI.

Article 32

Further provisions regarding procedure and conditions on issuance of SIUP, SIPI and SIKPI will be stipulated in a Regulation of the Minister.

Article 33

Further provisions regarding fish catching and/ or fish breeding in the Indonesian Fish Cultivation Territory not for commercial purposes will be stipulated in a Regulation of the Minister.

Article 34

(1) Fishing boat, based on its function, includes:

(2) Further provisions regarding fishing boat, as set forth in paragraph (1), will be stipulated in a Government Regulation.

Article 35

(1) Every person constructing, importing, or modifying fishing boat must obtain prior approval of the Minister.

(2) The construction and modification of fishing boat, as set forth in paragraph (1), can be done locally or abroad after receiving considerations regarding techniques of sea worthiness from the Minister for shipping affairs.

Article 36

(1) Fishing boat owned by an Indonesian person operated within the Indonesian Fish Cultivation Territory must first be registered as an Indonesian fishing boat.

(2) The registration of fishing boat, as set forth in paragraph (1), shall be completed with the following documents:

(3) The registration of a fishing boat purchased or obtained from abroad and has been registered in the country of origin to be registered as an Indonesian fishing boat, it must be completed with the documents as set forth in paragraph (2) and certificate of elimination from ships' register issued by the country of origin.

(4) Further provisions regarding registration, as set forth in paragraphs (1), (2) and (3), will be stipulated in a Regulation of the Minister.

(5) Registered fishing boat, as set forth in paragraph (1), will be given a certificate of nationality in accordance with the provisions of the applicable laws.

Article 37

Every Indonesian fishing boat must be given an identification in the form of sear, identification of fish catching area, identification of fish catching belt and/or identification of fish catching tools.

Article 38

(1) Every fishing boat with foreign flag not having license to catch fish when operating in the Indonesian Fish Cultivation Territory must keep the fish catching tools in the hold.

(2) Every fishing boat with foreign flag having license to catch fish with a certain type of fish catching tool in a certain part of ZEEI shall not bring any other fish catching tools.

(3) Every fishing boat with foreign flag having license to catch fish must keep the fish catching tools in the hold when operating outside the permitted fish catching territory within the Indonesian Fish Cultivation Territory.

Article 39

A fishing boat with Indonesian flag and with certain size and type may use 2 (two) types of fish catching tools by turns based on catching seasons and areas.

Article 40

Further provisions regarding ship construction, import, modification, measurement of fishing boat, issuance of certificate of identification of fishing boat and utilization of 2 (two) types of fish catching tools by turns, as set forth in Articles 35, 36, 37, 38 and 39 will be stipulated in a Regulation of the Minister.

Article 41

(1) The government operates and develops fishery port.

(2) The Minister determines:

(3) Fish catching boat and fish transporting boat must put their catch ashore at the determined fishery port.

(4) Every person having and/or operating fish catching boat and/or fish transporting boat and not loading and unloading any fish at the determined fishery port, as set forth in paragraph (3), will be imposed with administrative sanctions in the form of reminder, freeze of license, or annulment of license.

Article 42

(1) In the framework of marine safety a port authority shall be,appointed at the fishery port.

(2) Every fishing boat which will sail from a fishery port must have a shipping license issued by the port authority.

(3) Other than issuing shipping license, the port authority at the fishery port, as set forth in paragraph (1), shall have any other authorities, as follows:

(4) The port authority, as set forth in paragraph (1), is appointed by the Minister.

Article 43

Every fishing boat, which will operate, will have a certificate of sea worthiness from the fishery supervisor.

Article 44

(1) The shipping license, as set forth in Article 42 paragraph (2), is issued by the port authority after the respective fishing boat has obtained a certificate of operational worthiness.

(2) The certificate of operational worthiness, as set forth in paragraph (1), is issued by the fishery supervisor after administrative requirements and technical worthiness have been completed.

(3) Further provisions regarding administrative requirements and technical worthiness, as set forth in paragraph (2), will be stipulated in a Regulation of the Minister.

Article 45

In case that a fishing boat stays and/or operates outside fishery port, the shipping license will be issued by the local port authority after certificate of operational worthiness is obtained from the fishery supervisor in charge of the local port.

CHAPTER VI
FISHERY INFORMATION SYSTEM AND STATISTICS

Article 46

(1) The government shall arrange and develop fishery information system and statistics and arrange the compilation, processing, analysis, storage, review and distribution of data on potentiality, facilities and infrastructure, production, handling, processing and marketing of fish and socio-economic data relating to the cultivation of fish resources and development of fishery business system.

(2) The government shall establish a fishery data and information center for the arrangement of fishery information system and statistics.

Article 47

(1) The government shall construct fishery information network with other institutions, locally or abroad.

(2) The fishery information system and statistics must easily and rapidly be accessed by all users of fishery statistics and information.

CHAPTER VII
LEVIES

Article 48

(1) Every person enjoying direct benefit of fish resources and the environment thereof in the Indonesian Fish Cultivation Territory will be imposed with levies.

(2) The levies, as set forth in paragraph (1), are not imposed on small fishermen and small fish breeders.

Article 49

Every foreigner obtaining license to catch fish in ZEII will be imposed with levies.

Article 50

The levies, as set forth in Articles 48 and 49, will be used for fishery development and conservation of fish resources and the environment thereof.

Article 51

Further provisions regarding the levies and the utilization of which, as set forth in Articles 48, 49 and 50, will be stipulated in a Government Regulation.

CHAPTER VIII
FISHERY RESEARCH AND DEVELOPMENT

Article 52

The government shall regulate, encourage and/ or hold research and development to produce knowledge and technology needed in the development of fishery business to be more effective, efficient, economic, highly competitive, environment-friendly and shall respect local tradition/culture.

Article 53

(1) Fishery research and development may be implemented by individuals, higher learning institutions, non-governmental institutions and/or state-owned and private research and development institutions.

(2) The individuals, higher learning institutions, non-governmental institutions and/or state-owned and private research and development institutions, as set forth in paragraph (1), may cooperate with:

Article 54

Results of the research are open for all parties, especially certain results, which, by the government, are not permitted to be published.

Article 55

(1) Every foreigner performing fishery research in the Indonesian Fish Cultivation Territory must obtain prior approval of the government.

(2) Research, which is conducted by a foreign individual and/or corporation, as set forth in paragraph (1), must involve Indonesian researchers.

(3) Every foreigner conducting research on fishery within the Indonesian Fish Cultivation Territory must hand over results of the research to the government.

Article 56

Further provisions regarding the arrangement of fishery research and development, as set forth in Articles 52, 53, 54 and 55, will be stipulated in a Government Regulation.

CHAPTER IX
FISHERY EDUCATIONS, TRAININGS, AND ELUCIDATIONS

Article 57

(1) The government shall arrange educations, trainings and elucidations on fishery affairs to improve the development of human resources in the field of fishery.

(2) The government shall arrange at least 1 (one) educational and/or training unit on fishery to be developed to international-standard educational and/or training educational unit.

Article 58

The government may cooperate with the relevant institutions, either local or international, in arranging educations, trainings and elucidations on fishery.

Article 59

Further provisions regarding the arrangement of educations, trainings and elucidations, as set forth in Articles 57 and 58, will be stipulated in a Government Regulation.

CHAPTER X
EMPOWERMENT OF SMALL FISHERMEN AND SMALL FISH BREEDERS

Article 60

(1) The government shall empower small fishermen and small fish breeders through:

(2) The empowerment of small fishermen and small fish breeders; as set forth in paragraph (1), may also be implemented by the society.

Article 61

(1) Small fishermen are free to catch fish in the entire Indonesian Fish Cultivation Territory.

(2) Small fish breeders may cultivate selected commodities of fish in the entire Indonesian Fish Cultivation Territory.

(3) The small fishermen and small fish breeders, as set forth in paragraphs (1) and (2), must obey rules on conservation and other rules determined by the Minister.

(4) Small fishermen or small fish breeders must maintain conservation of fishery environment and security of food from fish meat according to the applicable regulations.

(5) Small fishermen and small fish breeders must register themselves, their businesses and activities to the local fishery institution without being imposed with charges for statistical purposes and empowerment of small fishermen and small fish breeders.

Article 62

The government shall supply and try to obtain fund for the empowerment of small fishermen and small fish breeders, either from local or foreign sources, in accordance with the applicable laws.

Article 63

Fishery entrepreneurs shall encourage business partnership based on mutual benefit with small fishery men or small fish breeders in the fishery business.

Article 64

Further provisions regarding empowerment of small fishermen and small fish breeders, as set forth in Articles 60, 61, 62 and 63 will be stipulated in a Government Regulation.

CHAPTER XI
DELEGATION OF DUTY AND ASSISTANCE

Article 65

(1) The delegation of part of fishery business from the government to the regional government and the withdrawal of which will be stipulated in a Government Regulation.

(2) The government may assign the regional government to implement assistance in fishery affairs.

CHAPTER XII
MONITORING OF FISHERY AFFAIRS

Article 66

(1) The monitoring of fishery affairs shall be conducted by supervisors.

(2) The supervisors, as set forth in paragraph (1), are in charge of monitoring of the enforcement of laws on fishery.

(3) The supervisor, as set forth in paragraph (1), consist of civil servant investigators of fishery affairs and non-civil servant investigators of fishery affairs.

Article 67

The society may assist the monitoring of fishery affairs.

Article 68

The government shall provide facilities and infrastructures for the monitoring of fishery affairs.

Article 69

(1) The supervisors, as set forth in paragraph (1), in performing their duties may be equipped with firearm and/or any other security equipments supported with fishery monitoring boat.

(2) The fishery monitoring boat, as set forth in paragraph (1), functions to implement monitoring and law enforcement in fishery affairs.

(3) The fishery monitoring boat may stop, inspect, bring and detain ships, which are deemed or properly deemed to have committed violations within the Indonesian Fish Cultivation Territory at the nearest port to be further processed.

(4) The fishery monitoring boat, as set forth in paragraph (1), may be equipped with firearm.

Article 70

Further provisions regarding monitoring of fishery affairs, participation of the society in assisting the monitoring, fishery monitoring boat, firearms and/or other security equipments used by the supervisors and/ or installed on the fishery monitoring boat, as set forth in Articles 66 paragraphs (1) and (2), 67, 68, 69 paragraphs (1), (2) and (4), will be stipulated in a Government Regulation.

CHAPTER XII
COURT OF FISHERY AFFAIRS

Article 71

(1) By virtue of this Law, a court of fishery affairs authorized to examine, hear and rule criminal cases in fishery affairs, is established.

(2) The court of fishery affairs, as set forth in paragraph (1), is within the jurisdiction of the general judicature.

(3) For the first time, the court of fishery affairs, as set forth in paragraph (1), is established at the Lower Courts of North Jakarta, Medan, Pontianak, Bitung and Tual.

(4) The jurisdiction of the court of fishery affairs, as set forth in paragraph (3), is in accordance with the jurisdiction of the respective lower court.

(5) The court, as set forth in paragraph (3), not later than 2 (two) years since the enforceability of this Law, must have implemented its duties and functions.

(6) The establishment of the court, as set forth in paragraph (1), shall be done gradually according to the conditions as stipulated in a Presidential Decree.

CHAPTER XIV
INVESTIGATION, PROSECUTION AND EXAMINATION IN THE SESSIONS OF THE COURT OF FISHERY AFFAIRS

Part One
Investigation

Article 72

Investigation into criminal acts in the field of fishery is performed based on the applicable procedure law, except if stipulated otherwise in this Law.

Article 73

(1) Investigation into criminal acts in fishery affairs shall be performed by il Servant Investigators of fishery affairs, Indonesian Naval Officers and Indonesian Police Officers.

(2) The investigators, as set forth in paragraph (1), may implement coordination.

(3) To implement coordination in handling of criminal acts in fishery affairs, the Minister may form a coordination forum.

(4) The investigators, as set forth in paragraph (1), are authorized:

(5) The investigators, as set forth in paragraph (4), shall inform the start of investigation and forward results of the investigation to the general prosecutor.

(6) For the purposes of investigation, the investigators may arrest a suspect for no more than 20 (twenty) days.

(7) The time, as set forth in paragraph (6), if necessary for the intention of uncompleted investigation, may be extended by the general prosecutor for no more than 10 (ten) days.

(8) The provisions of paragraphs (6) and (7) do not close the possibility to release the suspect from detention before the end of the detention period, if investigation has been completed.

(9) After the 30-(thirty)-day period, the investigators must have released the suspect from detention for the sake of the law.

Part Two
Prosecution

Article 74

Prosecution of criminal acts in fishery affairs shall be implemented based on the applicable laws, except if stipulated otherwise in this Law.

Article 75

(1) Prosecution shall be done by a general prosecutor authorized by the Attorney General and/or his or her authorized officer.

(2) The general prosecutor, as set forth in paragraph (1), must meet the following qualifications:

(3) The qualifications, as set forth in paragraph (2) clause b, must have been implemented not later than 3 (three) days since the enactment of this Law.

Article 76

(1) The general prosecutor, after receiving the result of investigation from the investigators, must inform result of his or her review to the investigators within 5 (five) days since receipt of the investigation documents.

(2) In case that the submitted result of investigation is incomplete, the general prosecutor must return it to the investigators accompanied with instructions on the items that must be completed.

(3) Within a period of not later than 10 (ten) days since date of receipt of the incomplete investigation document, the investigators must return the document to the general prosecutor.

(4) The investigators are deemed to have completed their duties if, within 5 (five) days, the general prosecutor does not return the result of investigation or if, before the 5 (five)-day period has ended, there has been a notice on that matter from the general prosecutor to the investigators.

(5) In case that the general prosecutor declares that the result of investigation is complete, within not later than 10 (ten) days from date of declaration by the general prosecutor, the general prosecutor must submit the case to the court of fishery affairs.

(6) For the purposes of prosecution, the general prosecutor is authorized to do detention or extended detention for 10 (ten) days.

(7) The period of time, as set forth in paragraph (6), if necessary for the purposes of uncompleted investigation, may be extended by Chief of the Lower Court for not later than 10 (ten) days.

(8) The provisions of paragraphs (6) and (7) shall not close the possibility to release the suspect from detention prior to the end of the detention period if the investigation has been completed.

Part Three
Examination in Court Session

Article 77

Examinations in court sessions on criminal acts in fishery affairs shall be implemented based on the applicable procedural law, except if stipulated otherwise in this Law.

Article 78

(1) The judges of the court of fishery affairs consist of career and ad-hoc judges.

(2) The panel of judges consists of 2 (two) ad-hoc judges and 1 (one) career judge.

(3) The career judges, as set forth in paragraph (1), are authorized based on Decree of the Supreme Court Chief Justice.
(4) The ad hoc judges, as set forth in paragraph (1), are appointed and dismissed by the President at the proposal of the Supreme Court Chief Justice.

Article 79

Examinations in court sessions may be implemented without the presence of the defendant.

Article 80

(1) Within not later than 30 (thirty) days from date of acceptance of the delegation of case from the general prosecutor, the panel of judges must have issued a verdict.

(2) The court verdict, as set forth in paragraph (1), may be read by the panel of judges without the presence of the defendant.

Article 81

(1) For the purposes of examination, the judges in the court sessions, are authorized to determine detention for 20 (twenty) days.

(2) The detention period, as set forth in paragraph (1), if necessary for the purposes of incomplete examination, may be extended by Chief of the Lower Court for not later than 10 (ten) days.

(3) The provisions of paragraphs (1) and (2) do not close the possibility to release the defendant from detention prior to the end of the detention period if examination has been completed.

Article 82

(1) In case that the court verdict appealed to the high court, the case is examined and ruled within a period of not later than 30 (thirty) days since date of receipt of the case documents by the high court.

(2) For the purposes of examination, judges of the high court are authorized to determine detention for 20 (twenty) days.

(3) The detention period, as set forth in paragraph (2), if necessary for the purposes of incomplete examination, may be extended by Chief of the Supreme Court for not later than 10 (ten) days.

(4) The provisions of paragraphs (2) and (3) do not close the possibility to release the defendant from detention prior to the end of the detention period if examination has been completed.

Article 83

(1) In case that high court verdict is appealed to the Supreme Court, the case shall be examined and ruled within not later than 30 (thirty) days since date of receipt of the case documents by the Supreme Court.

(2) For the purposes of examination, judges in the Supreme Court sessions are authorized to determine detention for 20 (twenty) days.

(3) The detention period, as set forth in paragraph (2), if necessary for the purposes of incomplete examination, may be extended by Chief of the High Court for not later than 10 (ten) days.

(4) The provisions of paragraphs (2) and (3) do not close the possibility to, release the defendant from detention prior to the end of the detention period if examination has been completed.

CHAPTER XV
CRIMINAL PROVISIONS

Article 84

(1) Every person who, intentionally, within the Indonesian Fish Cultivation Territory, catches and/or breeds fish using chemical substances, biological substances, explosives, tools and/or means and/or structures, which may damage and/or endanger conservation of fish resources and/or the environment thereof, as set forth in Article 8 paragraph (1), will be penalized with imprisonment of maximum 6 (six) years and monetary charge of maximum Rp. 1.200.000.000,00 (one billion two hundred million Rupiah).

(2) Masters or captains of fishing boats, fish catching specialists and ship crews who, intentionally, within the Indonesian Fish Cultivation Territory, catch and/ or breed fish using chemical substances, biological substances, explosives, tools and/or means and/or structures, which may damage and/or endanger conservation of fish resources and/or the environment thereof, as set forth in Article 8 paragraph (2), will be penalized with imprisonment of maximum 10 (ten) years and monetary charge of maximum Rp. 1.200.000.000,00 (one billion two hundred million Rupiah).

(3) Owners of fishing boats, owners of fishery companies, managers of fishery companies and/or fishing boat operators, who, intentionally, catch and/or breed fish using chemical substances, biological substances, explosives, tools and/or means and/or structures, which may damage and/or endanger conservation of fish resources and/or the environment thereof, as set forth in Article 8 paragraph (3), will be penalized with imprisonment of maximum 10 (ten) years and monetary charge of maximum Rp. 2.000.000.000, 00 (two billion Rupiah).

(4) Owners of fish cultivation companies, authorities of fish cultivation companies and/or managers of fish cultivation companies, who, intentionally, catch and/ or breed fish using chemical substances, biological substances, explosives, tools and/or means and/or structures, which may damage and/or endanger conservation of fish resources and/or the environment of which, as set forth in Article 8 paragraph (4), will be penalized with imprisonment of maximum 10 (ten) years and monetary charge of maximum Rp. 2.000.000.000,00 (two billion Rupiah).

Article 85

Every person who, intentionally, within the Indonesian Fish Cultivation Territory, owns, controls, brings and/or uses fishing gears (fish catching tools) and/or fish catching means (fish catching instruments) on a fishing boat which measures are not in accordance with standards, fishing gears not in accordance with standards, or standards determined for certain prohibited tools and/or fishing gears, as set forth in Article 9, will be penalized with imprisonment of maximum 5 (five) years and monetary charge of maximum Rp. 2.000.000.000,00 (two billion Rupiah).

Article 86

(1) Every person who, intentionally, within the Indonesian Fish Cultivation Territory, commits an act causing pollution and/or damage to fish resources and/or the environment thereof, as set forth in Article 12 paragraph (1), will be penalized with imprisonment of maximum 10 (ten) years and monetary charge of maximum Rp. 2.000.000.000,00 (two billion Rupiah).

(2) Every person who, intentionally, within the Indonesian Fish Cultivation Territory, breeds fish that endangers fish resources and/or the environment thereof and/or human health, as set forth in Article 12 paragraph (3), will be penalized with imprisonment of maximum 6 (six) years and monetary charge of maximum Rp. 1.500.000.000,00 (one billion five hundred million Rupiah).

(3) Every person who, intentionally, within the Indonesian Fish Cultivation Territory, breed fish as a result of genetic engineering, which may endanger fish resources and/or the environment thereof and/or human health, as set forth in Article 12 paragraph (3), will be penalized with imprisonment of maximum 6 (six) years and monetary charge of maximum Rp. 1.500.000.000,00 (one billion five hundred million Rupiah).

(4) Every person who, because of his or her negligence, within the Indonesian Fish Cultivation Territory, causes damage to sperm plasma relating to fish resources, as set forth in Article 14 paragraph (4), will be penalized with imprisonment of maximum 1 (one) year and monetary charge of maximum Rp. 500.000.000,00 (five hundred million Rupiah).

Article 87

(1) Every person who, intentionally, within the Indonesian Fish Cultivation Territory, damages sperm plasma relating to fish resources, as set forth in Article 14 paragraph (4), will be penalized with imprisonment of maximum 2 (two) years and monetary charge of maximum Rp. 1.000.000.000,00 (one billion Rupiah).

(2) Every person who, because of his or her negligence, within the Indonesian Fish Cultivation Territory, causes damage to sperm plasma relating to fish resources, as set forth in Article 14 paragraph (4), will be penalized with imprisonment of maximum 1 (one) year and monetary charge of maximum Rp. 500.000.000,00 (five hundred million Rupiah).

Article 88

Every person who, intentionally, introduces, exits, procures, distributes and/or breeds fish causing damage to the society, fish breeders, fish resources and/or the environment thereof into and/or from the Indonesian Fish Cultivation Territory, as set forth in Article 16 paragraph (1), will be penalized with imprisonment of maximum 6 (six) years and monetary charge of maximum Rp. 1.500.000.000,00 (one billion five hundred million Rupiah).

Article 89

Every person who handles and processes fish not in accordance with fish processing standards, quality guarantee system and safety of fishery products, as set forth in Article 20 paragraph (3), will be penalized with imprisonment of maximum 1 (one) year and monetary charge of maximum Rp. 800.000.000,00 (eight hundred million Rupiah).

Article 90

A person who, intentionally, introduces or exits fish and/or fishery products from and/or into the Indonesian territory not completed with a certificate of health for human consumption, as set forth in Article 21, will be penalized with imprisonment of maximum 1 (one) year and monetary charge of maximum Rp. 800.000.000,00 (eight hundred million Rupiah).

Article 91

Every person who, intentionally, uses raw materials, additives, auxiliary materials and/or tools, which endanger human health and/or the environment, in han dling and processing fish, as set forth in Article 23 paragraph (1), will be penalized with imprisonment of maximum 6 (six) years and monetary charge of maximum Rp. 1.500.000.000,00 (one billion five hundred million Rupiah).

Article 92

Every person who, intentionally, within the Indonesian Fish Cultivation Territory, operates fishery business in the fields of fish catching, breeding, transportation, processing and marketing and does not have SIUP, as set forth in Article 26 paragraph (1), will be penalized with imprisonment of maximum 8 (eight) years and monetary charge of maximum Rp. 1.500.000.000,00 (one billion five hundred million Rupiah).

Article 93

(1) Every person who owns and/or operates fishing boat with an Indonesian flag catching fish in the Indonesian Fish Cultivation Territory and/or the open seas and does not have SIPI, as set forth in Article 27 paragraph (1), will be penalized with imprisonment of maximum 6 (six) years and monetary charge of maximum Rp. 2.000.000.000,00 (two billion Rupiah).

(2) Every person who owns and/or operates fishing boat with a foreign flag and does not have SIPI, as set forth in Article 27 paragraph (2), will be penalized with imprisonment of maximum 6 (six) years and monetary charge of maximum Rp. 20.000.000.000,00 (twenty billion Rupiah).

Article 94

Every person who owns and/or operates fish transporting boat within the Indonesian Fish Cultivation Territory transporting fish or doing the relevant activities and not having SIKPI, as set forth in Article 28 paragraph (1), will be penalized with imprisonment of maximum 5 (five) years and monetary charge of maximum Rp. 1.500.000.000,00 (one billion five hundred million Rupiah).

Article 95

Every person who constructs, imports, or modifies fishing boat without prior approval, as set forth in Article 35 paragraph (1), will be penalized wit imprison ment of maximum 1 (one) year and monetary chare of maximum Rp. 600.000.000,00 (six hundred million Rupiah).

Article 96

Every person who operates fishing boat within the Indonesian Fish Cultivation Territory not registering the fishing boat as an Indonesian fishing boat, as set forth in Article 36 paragraph (1), will be penalized with imprisonment of maximum 1 (one) year and monetary charge of maximum Rp. 800.000.000,00 (eight hundred million Rupiah).

Article 97

(1) Ship master who operates fishing boat with a foreign flag and does not have a license to catch fish, who, up to this time, operates in the Indonesian Fish Cultivation Territory, stores fish catching tools in the hold, as set forth in Article 38 paragraph (1), will be penalized with monetary charge of maximum Rp. 500.000.000,00 (five hundred million Rupiah).

(2) Ship master who operates fishing boat with a foreign flag and does not have a license to catch fish with a certain type of fish catching tool within a certain part of ZEII bringing any other fish catching tool, as set forth in Article 38 paragraph (2), will be penalized with monetary charge of maximum Rp. 1.000.000.000,00 (one billion Rupiah).

(3) master who operates fishing boat with a foreign flag and has possessed license to catch fish, but does not keep fishing gears in the hold during operating outside the permitted fish catching area within the Indonesian Fish Cultivation Territory, as set forth in Article 38 paragraph (3), will be penalized with a monetary charge of maximum Rp. 500.000.000,00 (five hundred million Rupiah).

Article 98

A shipmaster who does not have a license to sail fishing boat issued by the port authority, as set forth in Article 42 paragraph (2), will be penalized with impris onment of maximum 1 (one) year and monetary charge of maximum Rp. 200.000.000,00 (two hundred million Rupiah).

Article 99

Every foreigner who performs fishery research in the Indonesian Fish Cultivation Territory and does not have a license from the government, as set forth in Ar ticle 55 paragraph (1), will be penalized with imprisonment of maximum 1 (one) year and monetary charge of maximum Rp. 1.000.000.000,00 (one billion Rupiah).

Article 100

Every person who breaches the provision of Article 7 paragraph (2) will be penalized with monetary charge of maximum Rp. 250.000.000,00 (two hundred fifty million Rupiah).

Article 101

In case that the criminal acts, as set forth in Articles 84 paragraph (1), 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95 and 96 are committed by a corporation, the claims and penalty will be imposed on its managers plus a monetary charge of 1/3 (one-third) of the penalty imposed.

Article 102

The provisions on imprisonment in this Law shall not be applicable for criminal acts in fishery occurring within the Indonesian Fish Cultivation Territory, as set forth in Article 5 paragraph (1) clause b, except if there is an agreement between the Indonesian government and the government of the relevant country.

Article 103

(1) The criminal acts, as set forth in Articles 84, 85, 86, 88, 91, 92, 93 and 94 are construed as crimes.

(2) The criminal acts, as set forth in Articles 87, 89, 90, 95, 96, 97, 98, 99 and 100 are construed as violations.

Article 104

(1) The request to free a detained ship and/or a person because of committing criminal acts in the Indonesian Fish Cultivation Territory, as set forth in Article 5 paragraph (1) clause b, may be submitted at any time prior to the issuance of verdict of the court of fishery affairs by giving a reasonable amount of guarantee, which will be ruled by the court of fishery affairs.

(2) Materials and/or tools used in and/or as a result of criminal acts in the fishery field may be seized for the state.

Article 105

(1) Materials and/or tools seized as a result of criminal acts in the fishery field, as set forth in Article 104, will be auctioned for the state.

(2) Law enforcers who have successfully implemented their duties and parties who have successfully completed the effort to safe state assets, as set forth in paragraph (1), will be given an incentive, which is set aside from proceed of auction.

(3) Further provisions regarding payment of incentive will be stipulated in a Regulation of the Minister.

CHAPTER XVI
TRANSITORY PROVISIONS

Article 106

Prior to the establishment of court of fishery affairs other than that as set forth in Article 71 paragraph (3), criminal cases in the fishery field occurring outside the legal domicile of the court of fishery affairs, as set forth in Article 71 paragraph (3), will still be examined, heard and ruled by the authorized lower court.

Article 107

Investigation, prosecution and examination in court sessions of criminal acts in the fishery field, which are examined, heard and ruled by the lower court, shall be implemented according to the procedural law as set forth in this Law.

Article 108

Upon the enforceability of this Law:

Article 109

When this Law starts to be in effect, all enforcement regulations of Law No.9/1985 on Fishery is still applicable as far as they are not in violation with or have not been amended pursuant to this Law.

CHAPTER XVII
CLOSING PROVISIONS

Article 110

When this Law starts to be in effect:

Article 111

This Law starts to be in effect from the date of enactment.

For public cognizance this Law is enacted by placing it in the Statute Book of the Republic of Indonesia.

Ratified in Jakarta
On October 6, 2004

PRESIDENT OF THE REPUBLIC OF INDONESIA
Sgd
MEGAWATI SOEKARNOPUTRI

Enacted in Jakarta
On October 6, 2004

STATE SECRETARY OF THE REPUBLIC OF INDONESIA
sgd
BAMBANG KESOWO


Elucidation
of Law No.31/2004 on Fishery