ProdukHukum Perdagangan 69.

Government Regulation No 69/2001
dated Octoberr 17, 2001
SEAPORT AFFAIRS

THE PRESIDENT OF THE REPUBLIC OF INDONESIA

Considering :
a. that in the framework of implementing the regional autonomy, regional governments are
given role in the management of seaport affairs;
b. that regulation on seaport management need to be revised and re-arranged so as to be in
line with the regional autonomy;
c. that based on the considerations in letters a and b, it is deemed necessary to replace
Government Regulation No 70/1996 on seaport affairs;
In view of :
1. Article 5 paragraph (2) of the Constitution of 1945 as already amended by the Second
Amendment to the Constitution of 1945;
2. Law No 21/1992 on navigation (statute Book of 1992 No 98 , Supplement to Statute
Book No 3493);
3. Law no 1/1995 on state limited liability companies (statute Book of 1995 No 13,
Supplement to Statute Book No 3587);
4. Law No 22/1999 on regional administration (Statute Book of 1999 No 60, Supplement to

Statute Book No 3839);
5. Law No 25/1999 on the financial equilibrium between the central government and
regional government (Statute Book of 1999 No 72, Supplement to Statute Book No
3848);
6. Government Regulation No 12/1998 on limited liability companies (Statute Book of 1998
No 15, Supplement to Statute Book No 3731) jo Government Regulation No 45/2001 on
the amendment to Government Regulation NO 12/1998 on limited liability companies
(Statute Book of 2001 No 68, Supplement to Statute Book No 4101);
7. Government Regulation No 25/2000 on the authority of the government and the authority
of provinces as autonomous regions (Statute Book of 2000 No 54, Supplement Book No
3952);

DECIDES
To Stipulate :
THE GOVERNMENT REGULATION ON SEAPORT AFFAIRS

CHAPTER I
GENERAL PROVISION
Article 1
Referred to in this government regulation as :

1. Seaport shall be a place consisting of mainland and surrounding waters with certain
boundaries as a venue of public administration and economic activities, which is used as
the place of ships to take shelter or berth, load and discharge passengers and/or load/
upload goods that is equipped with navigation safety facilities and seaport supporting
activities as well as place of the intra and inter-transport moda change;
2. Seaport affairs shall include all matters connected with seaport operational activities and
other activities to perform the function of a seaport to support the smooth,, safe and
orderly traffic of ships, passengers and/or goods, navigation safety, place of intra and
inter-moda transfer as well as to boost the national and regional economies;
3. General seaport shall be a seaport managed for public navigation interest;
4. Mainland seaport shall be a certain be a certain area in the main land having clear
boundaries, equipped with loading/ unloading facilities , collection square and
warehouses as well as transport infrastructures and facilities of goods by means of special
packaging and functioning as a general seaport;
5. Special seaport shall be a seaport managed for personal interest to support certain
activities;
6. Navigation safety shall be a condition in which requirements for safety of transportation
on waters and seaport affairs are fulfilled;
7. General seaport operators shall be seaport technical executing units/working units or
seaport management companies;

8. Special seaport operators shall be the central government, provincial governments,
regency/city governments or Indonesia statutory bodies having licenses to manage special
seaport;
9. Seaport technical executing units/working units shall be organizational units of the
government, provincial governments and regency/city governments;
10. Seaport management companies (BUP) shall be states owned enterprises and/or regional
administration owned companies specifically established to provide seaport services at
general seaport;
11. Indonesia statutory bodies shall be business entities owned by the state and/or regional
administration and/ or private companies and/or cooperatives;
12. Seaport working area shall be waters and mainland area at general seaport directly used
for seaport activities;
13. Seaport interest area shall be waters area around the working area of a general seaport
used for guaranteeing navigation safety;
14. National seaport arrangement shall be a national seaport system containing hierarchy,

function, classification, kind, operation, activity, intra and inter-mode integration as well
as integration with other sectors;
15. The government shall be the central government;
16. Minister shall be the minister responsible for navigation affairs;

17. Governor shall be the head of a provincial region as meant in the regional autonomy
legislation;
18. Regent shall be the head of a regency as meant in the regional autonomy legislation;
19. Mayor shall be the head of city as meant in the regional autonomy legislation.
CHAPTER II
NATION SEAPORT ARRANGEMENT
Article 2
1. Seaport as a navigation element shall be a place to provide seaport services, implement
public administration activities and other economic activities, which is managed
integrated to realize the provision of seaport services in accordance with the degree of the
need.
2. The seaport as meant in paragraph (1) shall be managed in a unit of the national seaport
arrangement to realize the operation of seaport which is reliable, and highly capable,
guarantees national efficiency and global competitiveness in the framework of supporting
the national and regional development.
3. The national seaport arrangement as meant in paragraph (2) shall be stipulated by the
minister.
Article 3
1. The national seaport arrangement as meant in Article 2 paragraph (2) shall be formulated
by observing :

a. regional layout;
b. national transportation system;
c. economic growth;
d. national and international sea transport patterns/ lanes;
e. environmental conservation
f. navigation safety; and
g. national standardization, criteria and norms.
1. The national seaport arrangement as meant in paragraph (1) shall contain at least
activities, role and functions, classifications and kinds of seaport .
Article 4
1. Seaport according the activities as meant in Article 3 paragraph (2) shall consist of

seaports serving the following activities :
a. sea transport hereinafter called seaports;
b. river and lake transport hereinafter called river and lake harbors;
c. ferry transport hereinafter called ferry harbors.
1. seaports according to role as meant in article 3 paragraph (2) shall constitute :
a. a knot in transportation networks according to their hierarchy;
b. gateway of regional, national and international economic activities;
c. inter-change place of transport moda;

d. support of industrial and trading activities;
e. distribution, consolidation and production place.
1. seaports according to the function as meant in Article 3 paragraph (2) shall be directed to
serve :
a. public administration activities;
b. seaports –based service activities;
c. regional service activities;
d. seaport supporting activities.
1. seaports according to the classifications as meant in Article 3 paragraph (2) shall be
stipulated by observing:
a. seaport facilities;
b. seaports operational activities;
c. role and function of seaports.
1. seaports according to the kind as meant in Article 3 paragraph (2) shall consist of :
a. general seaports used for serving public interest;
b. special seaports used for personal interests to support certain activities.
Article 5
1. The hierarchy of role and function of seaport as meant in Article 4 paragraph (1) letter a
shall consist of :
a. hub international seaports being the main primary seaport;

b. international seaport being the main secondary seaport;
c. national seaport being the main tertiary seaport;
d. regional seaport being the enticing primary seaport;

e. local seaport being the enticing secondary seaport.
1. The hierarchy of role and function of the ferry seaports as meant in Article 4 paragraph
(1) letter c shall consist of :
a. inter-provinces and state ferry seaport;
b. inter-regency/city seaport;
c. intra-regency/city seaport.
1. The hierarchy of role and function of the special seaports as means in Article 4 paragraph
(5) letter c shall consist of :
a. national / international special seaports;
b. regional special seaports;
c. local special seaports.
Article 6
1. The hub international seaport being the main primary seaport as meant in Article 5
paragraph (1) letter a shall be stipulated by observing :
a. affinity to international markets;
b. affinity to international shipping lanes;

c. affinity to lanes of Indonesia’s archipelago sea channel;
d. role as the place of loading transfer of international passengers and goods;
e. certain distance to other hub international seaports;
f. having seaport technical condition protected from wave with certain size of mainland and
waters;
g. volume of loading and unloading activities.
1. The international seaport being the main secondary seaports as meant in Article 5
paragraph (1) letter b shall be stipulated by observing :
a. affinity to national and international shipping lanes;
b. as the place of loading transfer of national passengers and goods;
c. certain distance to other international seaports;
d. having seaport technical condition protected from wave with certain size of mainland and
waters;
e. volume of loading and unloading activities.
1. The national seaport being the main tertiary seaport as meant in Article 5 paragraph (1)
letter c shall be stipulated by observing :
a. government policies covering the equitable distribution of national development and

driving up regional growth;
b. as the place of loading transfer of national passengers and goods and capable of handling

semi containers;
c. certain distance to other national seaports;
d. certain distance to national shipping lanes/routes;
e. having seaport technical protected from wave with certain size of mainland and waters;
f. affinity to inter-island shipping lanes/traffic;
g. located in (close to ) regional growth centers of regency/city capital and national growth
areas;
h. volume of loading and unloading activities.
1. The regional seaport being the enticing primary seaport as meant in Article 5 paragraph
(1) letter d shall be stipulated by observing :
a. government policy supporting economic growth centers;
b. provinces and equal distribution of development between provinces;
c. function as at the place of service for inter-regency/ city passengers and goods;
d. certain distance to other regional seaports;
e. having seaport technical condition protected from wave with the certain size of mainland
and waters;
f. volume of loading and unloading activities.
1. The local seaport being the enticing secondary seaport as meant in Article 5 paragraph (1)
letter e shall be stipulated by observing :
a. government policies to support economic growth centers;

b. regencies/cities and equitable distribution as well as the enhancement of regency/city
development;
c. function to serve inter-district passengers and good within a regency/city for the need of
sea and/or water transport moda;
d. having seaport technical condition protected from wave with the certain size of mainland
and waters;
e. volume of loading and unloading activities.
Article 7
1. The inter-province and inter-state ferry seaport as meant in Article 5 paragraph (2) letter a
shall be stipulated by observing the function of road that it links, namely national and
inter-state road.
2. The inter regency/city ferry seaport as meant in Article 5 paragraph (2) letter b shall be
stipulated by observing the function of road that it links, namely provincial road.

3. The inter regency/city ferry seaport as meant in Article 5 paragraph (2) letter c shall be
stipulated by observing the function of road that it links, namely regency/city road.
Article 8
1. The national/international special seaport as meant in Article 5 paragraph (3) letter a shall
be stipulated by the following criteria :
a. the weight of ship is 3,000 DWT or more;

b. the length of tier is 70 M’ or more,
c. the depth in the front of tier is 5 M’ LWS or more;
d. providing service for dangerous and poisonous materials (B3);
e. serving inter-province and international shipping activities.
1. The regional special seaport as meant in Article 5 paragraph (3) letter b shall be
stipulated by the following criteria :
a. the weight of ship is more than 1,000 DWT and less than 3,000 DWT;
b. the length of tier is less than 70 M’ with the concrete/steel construction;
c. the depth in the front of tier is less than 5 M’ LWS;
d. not providing service for dangerous and poisonous materials (B3);
e. serving inter regency/city shipping activities in a province
1. The local seaport as meant in Article 5 paragraph (3) letter c shall be stipulated by the
following criteria :
a. the weight of ship is less than 1,000 DWT;
b. the length of tier is less than 50 M’ with the wood construction;
c. the depth in the front if tier is less than 4 M’ LWS;
d. not provider service for dangerous and poisonous materials (B3);
e. serving intra –regency/city shipping activities.
Article 9
1. The general seaport as meant in article 4 paragraph (5) letter a shall be operated by :
a. the government , whose implementation can be delegated to state –owned enterprises;
b. provincial and regency/city government, whose implementation can be delegated to
regional administration –owned enterprises.
1. The special seaport as meant in Article 4 paragraph (5) letter b shall be operated by the
government, provincial government, regency/city governments and Indonesia statutory
bodies.
2. The special seaport shall constitute a seaport managed to support certain activities which

is stipulated by observing :
a. government policies to support economy;
b. functioning to serve the transport of raw materials, production and production supporting
equipment;
c. having certain distance to general seaports;
d. having seaport technical condition protected from wave with the certain size of mainland
and waters areas.
4. The general and special seaport according to the operation shall be distinguished by :
a. seaports open for international trade;
b. seaport not open for international trade.
Article 10
Further provisions on the activity, role and function, classification, kind and hierarchy of the
seaports as meant in Article 4 and 5 shall be regulated by a decree of the minister.
Article 11
1. the minister shall execute seaport related fostering which covers aspects of regulation,
supervision and control over activities of development, enhancement of efficiency and
development of seaport to create the national seaport arrangement
2. The regulatory activity as meant in paragraph (1) shall include the activity of stipulation
of policies on the seaport affairs.
3. The supervisory activity as meant in paragraph (1) shall cover :
a. the monitoring and evaluation of development, operational and expansion activities of
seaports;
b. correction of development, operational and expansion activities of seaports.
1. The controlling activity as meant in paragraph (1) shall include :
a. granting directives and guidances in the implementation of development, operational and
expansion activities of seaports; and
b. guiding and counseling communities with regard to rights and obligations of users of
seaports services.
1. In order to ensure the smooth implementation of the seaport-related fostering by the
minister as meant in paragraph (1), governors can be asked to coordinate the management
of seaports and several kinds of authority delegated to regents/mayors as meant in Article
14 paragraph (2) and (3) , Article 18 paragraphs (1) and (2), Article 21 paragraphs (2) and
(5), Article 25 paragraph (3) and (4), Article 26, Article 28 paragraph (2) and (3), Article
29 paragraphs (2) and (3), Article 36 paragraph (1), Article 44 paragraph (3), Article 45,
Article 50 paragraph (1) , Article 53 paragraph (1), Article 54 paragraph (1), Article 58
paragraph (1), Article 60 paragraph (1) and Article 65 paragraph (2).

CHAPTER III
STIPULATION OF SEAPORT LOCATION,
SEAPORT MASTER PLANS, SEAPORT WORKING AREAS
AND SEAPORT INTEREST AREA
Part One
Stipulation of seaport location
Article 12
1. The minister shall stipulate seaport location on he basis of the national seaport
arrangement, after securing recommendations from provincial governments, regency/ city
governments in accordance with their authority to ensure the integration with spatial
plans of provinces and regencies/ cities.
2. The seaport location as meant in paragraph (1) shall be set forth on the basis of
geographical coordinate.
3. In the stipulation of the seaport location as meant in paragraph (1), the following aspects
shall be observed :
a. national seaport arrangement;
b. lay-out plans of regencies/cities and spatial plans of provinces;
c. technical feasibility;
d. economic feasibility;
e. economic growth and social development;
f. environmental feasibility;
g. integration of intra and inter moda;
h. accessibility to hinterland;
i.

navigation security and safety; and

j. state defense and security.
1. Further provisions on guidelines for the stipulation of seaport location as meant in
paragraph (1) shall be set forth by a decree of minister .
Part Two
Seaport Master Plans
Article 13
1. In the interest of operation of general seaports, operators of seaports shall be obliged to
formulate seaport master plans in the location already stipulated as meant in article 12
paragraph (1)

2. Seaport master plans shall be formulated by observing :
a. national seaport arrangement;
b. lay-out plans of regencies/cities and spatial plans of provinces;
c. navigation security and safety;
d. harmony and balance with other related activities in locations of seaports;
e. technical, economic and environmental feasibility;
f. related licenses already obtained.
1. The seaport master plans as meant in paragraph (1) shall include :
a. land allocation plans;
b. waters allocation plans
1. The land and waters allocation plans as meant in paragraph (3) for determining the need
for placement of seaport facilities and operational activities shall cover :
a. seaport service activities;
b. public administration activities;
c. region-based service activities;
d. seaport supporting activities.
1. The land allocation plans as meant in paragraph (3) letter a for the provision of activities
of :
1. Principal facilities shall include :
a. tier;
b. line warehouse;
c. line 1 collection square;
d. passenger terminal;
e. container terminal;
f. ro-ro terminal;
g. waste collection and treatment facilities;
h. bunker facilities;
i.

fire extinguisher facilities;

j. warehouse facilities of dangerous and poisonous materials / goods (B3);
k. maintenance and repairing facilities of navigation auxiliary equipment and
facilities (SBNP).

1. Supporting facilities, shall include :
a. office building complex;
b. post and telecommunications facilities;
c. tourism and hotel facilities
d. drinking water, electricity and telecommunications installations;
e. road and railway track network;
f. waste water, drainage and garbage network;
g. seaport development area;
h. waiting place of motor vehicles;
i.

trading complex;

j. industrial estate;
k. other public amenities (worship place, park, recreational place, sport facilities,
green lane and health facilities.
1. The waters allocations plans as meant in paragraph (3) letter b for the provision of
activities of :
1. principal facilities shall include :
a. shipping lane;
b. berthing waters;
c. seaport pool for the need of docking and turning basin;
d. waters for loading transfer of ships;
e. water for ships carrying dangerous materials/ goods;
f. water for quarantine activities;
g. water for intra-seaport connecting lane;
h. waters for piloting purpose;
i.

waters for government ships.

1. supporting facilities, shall include :
a. waters for long-term seaport development;
b. waters for ship building and maintenance facilities ;
c. waters for place of trial run of ships (sailing test)
d. waters for place of dead ships;
e. waters for emergency purposes;

f. waters for recreational activities (marine tourism)
Article 14
1. Operators of seaports shall propose the stipulation of seaport master plans to the minister,
governors, regents/mayors in accordance with their scopes of authority.
2. Seaport master plans for seaports shall be stipulated as follows :
a. hub international, international and national seaports are stipulated by the minister after
securing recommendations from governors and regents /mayors;
b. regional seaports are stipulated by governors after securing recommendation from regents
/ mayors;
c. local seaports are stipulated by regents/ mayors.
1. Seaport master plans for ferry harbors shall be stipulated as following :
a. inter-provinces and inter-state ferry harbors are stipulated by the minister after securing
recommendations from governors and regents/mayor;
b. inter-regency / city ferry harbors are stipulated by governors after securing
recommendations from regents/ mayors;
c. intra-regency/city ferry harbors are stipulated by regents/mayors.
1. The seaport master plans shall become the binding basis for the stipulation of policies to
execute seaport development, operational and expansion activities in accordance with
their roles and functions.
Article 15
1. In the stipulation of the seaport master plans as meant in Article 14. The minister,
governors, regents/mayors shall examine the following aspects :
a. national seaport arrangement;
b. navigation security and safety;
c. land and waters utilization plans;
d. short, middle and long –term plans for seaport operational activities ; and
e. technical, economical and environmental feasibility.
1. The planning period of seaport master plans shall include :
a. long-term, more than 15 (fifteen) years up to 25 (twenty five) years;
b. middle-term, more than 10 (ten) years up to 15 (fifteen) years;
c. short-term, 5 (five) years up to 10 (ten) years.
1. Operators of seaport shall be obliged to review short, middle and long –term seaport
master plans at least every five years and in the case of any change, the plans will be restipulated by the minister, governors, regents/mayors in accordance with their scope of
authority as meant in Article 14 paragraph (2) and (3).

Part Three
Seaport working areas and seaport interest areas
Article 16
1. In the interests of operation of general seaport, limits of seaport working areas and
seaport interest areas shall be stipulated on the basis of the seaport master plans already
stipulated
2. Limits of seaport working areas and seaport interest areas shall be set forth by
geographical coordinate for guaranteeing seaport activities.
3. General seaport working areas shall consist of :
a. mainland working areas used for activities of principal and supporting activities ;
b. waters working areas used for activities of shipping lane , berthing waters, waters for
inter-ship loading transfer, seaport pool for the need of berthing and turning basin,
piloting, repairing and others.
1. General seaport working areas shall constitute waters seaport outside waters working
areas used for shipping lane from and to seaport, the need for emergency conditions, long
–term seaport development, placement of dead ships, sailing test, piloting activities and
ship building and ship building and maintenance facilities.
Article 17
1. operations of seaport shall propose the stipulation of seaport working areas and seaport
interest areas as meant in Article 16 to the minister, governors, regents/mayors in
accordance with their scopes of authority.
2. The minister, governors, regents/mayors shall examine the proposals as meant in
paragraph (1) with regard to :
a. maps of the proposed plans for seaport working areas and seaport interest areas complete
with coordinate points on topographic and sea maps;
b. study on aspects of navigation security and safety;
c. study on environmental aspect.
Article 18
1. The stipulation of seaport working areas and seaport interest areas shall be done as
follows :
a. the minister stipulates hub international, international and national seaport working areas
and seaport interest area after securing recommendations from governors and/or
regents/mayors;
b. governor stipulate regional seaport working areas and seaport interest areas after securing
recommendation from regents/mayors;
c. regents /mayors stipulate local seaport working areas and seaport interest areas.

1. The stipulation of ferry-harbor working areas and ferry harbor interest areas shall be done
as follow :
a. the minister stipulates inter-province and inter-state ferry-harbor working areas and ferryharbor interest areas after securing recommendations from governors and/or
regents/mayors;
b. governors stipulate inter-regency/city ferry-harbor working areas and ferry harbors
interest areas after securing recommendations from regents/Mayors;
c. regents/mayors stipulate inter-regency/city ferry-harbor working areas and ferry-harbor
interest areas.
1. The general –seaport working areas and general –seaport working areas and general –
seaport interest areas as meant in paragraphs (1) and (2) already stipulated shall become
the basis for executing seaport activities.
Article 19
The operation of general seaports shall be given land and water title to undertake seaport
activities in accordance with laws in force.
Article 20
1. In the general –seaport working areas as meant in Article 16 paragraph (3), operators of
seaports shall have the following obligations :
a. In main land working areas of seaports :
1. Installing marks of limits according to limits of working areas already stipulated;
2. Installing billboard containing information on limits of mainland working areas of
seaports;
3. Safeguarding assets which are owned;
4. Settling certificates of land title according laws in force.
a. In waters working areas of seaport :
1. In stalling marks of limits according to limits of waters working areas already
stipulated;
2. Informing players of seaport activities about limits of waters working areas of
seaports;
3. Making shipping navigation auxiliary facilities available;
4. Providing and maintaining seaport pool and shipping lane;
5. Maintaining the environmental conservation;
6. Safeguarding assets owned, such as seaports facilities on waters.
1. In the general- seaport interest areas as meant in Article 16 paragraph (4), the
government, provincial governments, regency/city governments in accordance to their
respective scope of authority shall be obliged :

a. to make shipping navigation auxiliary facilities available;
b. to guarantee security and orderliness;
c. to provide and maintain shipping lane;
d. to maintain the environmental conservation; and
e. to supervise and control the use of coastal areas.
Article 21
1. Buildings of facilities only can be established on water edge in seaport working areas and
seaport interest areas after securing a license from the minister.
2. Dredging and reclamation activities in seaport working areas and seaport interest areas
only can be executed after securing license from the minister, governors and
regents/mayors in accordance to their respective scopes of authority.
3. The minister shall issued reclamation licenses in hub international, international and
national seaport working areas and interest areas after securing recommendations from
local regents/mayors about the conformance of the activity to lay-out plans of the
regencies/cities.
4. The activities as meant in paragraph (1) and (2) shall observe :
a. navigation safety;
b. national seaport arrangement;
c. lay-out plans of regencies/cities
d. seaport master plans;
e. environmental conservation
1. Licenses to enact buildings of other facilities on the water edge as meant in paragraph (2)
in seaport working areas shall be issued by regents /mayors in accordance with provisions
in force after observing technical considerations of seaport operators .
2. Further provisions on the dredging and reclamation activities in seaport working areas
and interest areas as meant in paragraph (2) shall be stipulated by a decree of the
minister.
Article 22
Operators of seaport shall apply for a right to the mainland resulting from reclamation, dredging
and land which floats to the surface in seaport working areas in according with laws in force.
CHAPTER IV
DEVELOPMENT AND OPERATION OF GENERAL SEAPORTS
Article 23
The development and operation of general seaports shall refer to :
a. seaport master plan;

b. standards of design s for seaport building , lane, pool and equipment;
c. standards of reliability of seaport facilities and equipment;
d. standards of seaport operational service;
e. navigation safety; and
f. environmental conservation.
Article 24
The minister shall stipulate the seaport masterplans, standards of design for seaport buildings,
lane , pool and equipment, standards of reliability of seaport facilities and equipment, standards
of seaport operational service, navigation safety and the environmental conservation as meant in
article 23.
Article 25
1. The development of general seaport shall be done after fulfilling the following
requirements :
a. administrative affairs;
b. evidence of control over land and waters;
c. having the stipulation of seaport locations;
d. having seaport master plans;
e. seaport technical designs including land construction, hydrooceanographic and
topographic conditions, placement and construction of navigation auxiliary facilities,
shipping lane and seaport pool as ell as lay-out and capacity of equipment at seaports;
f. feasibility study at least containing :
1. technical feasibility which includes :
a. result s of seaports survey covering hydrooceanographic and geotechnical
conditions;
b. results of study on navigation safety covering the number, size and traffic
frequency of ships, plans for placement of shipping navigations auxiliary
facilities, shipping lane, seaport pool as well as piloting waters;
1. economic and/or financial feasibility;
2. environmental feasibility/assessment.
a. technical considerations of the minister in charge of water resource management in the
case of the development of river and lake ports.
1. In the case of the requirements as meant in paragraph (1) being fulfilled, a decision on the
implementation of the development shall be stipulated.
2. The issuance of the decision on the implementation of the development as meant in
paragraph (2) to general seaports shall be done by :

a. the minister, in the case of hub international, international and national seaports ;
b. governors, in the case of regional seaports ;
c. regents/mayors, in the case of local seaports.
1. The issuance of the decision on the implementation of the development as meant in
paragraph (2) to ferry harbors shall be done by :
a. the minister, in the case of inter-province and interstate ferry harbors;
b. governors, in the case of inter-regency/city ferry harbors;
c. regents/mayors, in the case of intra-regency/city ferry harbors.
1. The development of seaports shall be done on the basis of technical guidelines on the
development of seaports stipulated by a decree of the minister.
Article 26
The government, provincial governments and /or regency/city governments can build new
general seaports by referring to the national seaport arrangement and complying with the
provisions set forth in this government regulation.
Article 27
In undertaking the development of seaports, operators of general seaports shall be obliged :
a. to abide by legislation and provisions on seaport affairs, transport traffic on water,
navigation safety and the environmental conservation.
b. to obey legislation issued by other government institutions;
c. to hold responsibility for impacts arising from the implementation for the development of
the general seaports;
d. to execute development jobs of general seaports not later than one year as from the date
of issuance of decision on the implementation of development;
e. to execute development work of general seaports in accordance with the seaport master
plans already stipulated;
f. to report activities of development of general seaport periodically to the minister,
governors, regents/mayors in accordance with their respective scopes of authority.
Article 28
1. General seaport shall be operated after fulfilling the following requirements :
a. the development of seaports has been executed in accordance with requirements for the
developments as meant in article 25;
b. navigation security, orderliness and safety;
c. the availability of facilities to ensure the smooth flow of passengers and goods;
d. environmental management;

e. the availability of executors of seaports activities;
f. having service system and procedure ; and
g. the availability of human resources in the seaport operational technical field that have
qualifications and certification stipulated by a decree of the minister.
1. In the case of the requirements as meant in paragraph (1) being fulfilled, a decision of the
operation of seaports shall be stipulated.
2. The issuance of the decision on the operation of seaports as meant in paragraph (2) to
general seaports shall be done by :
a. the minister, in the case of hub international, international and national seaports;
b. governors, in the case of regional seaports;
c. regents/mayors, in the case of local seaports.
1. The issuance of the decision on the implementation of the development as meant in
paragraph (2) to ferry harbors shall be done by :
a. the minister, in the case of inter-province and inter state ferry harbors;
b. governors, in the case of inter regency/city ferry harbors;
c. regents/ mayors, in the case of intra –regency/city ferry harbors.
1. Further provisions on the guidance for the operation of the seaports as meant in paragraph
(2) shall be stipulated by a decree of the minister.
Article 29
1. The operational capacity of general seaport can be increased to 24 (twenty four) hours
after observing the navigation safety, seaport , and sea-transport traffic facilities.
2. Based on the proposal of operators of seaports, the 24 hour operational service can be
stipulated by :
a. the minister or the appointed officials, in the case of hub international , international and
national seaports;
b. governors, in the case of regional seaports;
c. regent/mayors, in the case of local seaports.

1. Based on the proposal of operators of ferry harbors, the 24-haour operational service can
be stipulated by :
a. the minister or the appointed officials , in the case of inter-province and inter state ferry
harbors;
b. governors, in the case of inter regency/city ferry harbors;
c. regents/mayors in the case of intra regency/city ferry harbors.

1. Guidelines on the operation of seaports for 24 hours as meant in paragraph (1) shall be
stipulated by a decree of the minister.
Article 30
1. requirements for the stipulation of seaport operation for 24 hours shall include :
a. lane conditions covering the depth, low tide shipping navigation auxiliary facilities;
b. readiness of piloting service;
c. readiness of seaport facilities
d. readiness of warehouse outside seaport;
e. security and orderliness;
f. readiness of operational human resources and loading and unloading personnel;
g. recommendations of officials executing the function of navigation safety.
1. The requirements as meant paragraph (1) letters b,d and f shall not apply to ferry harbors.
Article 31
1. Seaports can have their operational capacities increased from seaport facilities serving
public goods to seaport facilities serving the transport of containers and liquid and dry
bulk after fulfilling requirements.
2. The increase in capacities of seaport facilities from facilities serving conventional goods
to become seaport facilities serving the transport of containers and liquid and dry bulk
shall be stipulated by the minister on the basis of proposals of seaports operators.
3. The requirements as meant in paragraph (1) shall be as follow :
a. in the case of facilities aiming at serving the transport of containers :
1. having service system and procedure;
2. having human resources at the adequate quantity and quality;
3. readiness of permanent anchoring facilities of first-generation ships;
4. the availability of installed and mobile equipment for loading and unloading
containers;
5. collection square and special warehouse of containers;
6. reliability of operational system to use on-line information networks internally
and externally;
a. in the case of facilities aiming at serving the transport of liquid and dry bulk :
1. readiness of permanent anchoring facilities in accordance with kinds of ships;
2. the availability of equipment for loading and unloading bulk;
3. reliability of operational system to use on-line information networks internally

and externally;
4. having service system and procedure;
5. having human recourses at the adequate quantity and quality.
1. Further provisions on the requirements and process of the increase in operational
capacities of seaport facilities as meant in paragraph (2) and (3) shall be stipulated by a
decree of the minister.

Article 32
Operators of general seaports already securing licenses to operate shall be obliged :
a. to abide by legislation and provisions on service and the environmental conservation;
b. to obey legislation issued by other government institutions ;
c. to hold responsibility for the operation of the relevant general seaports ; and
d. to report operational activities to the minister, governors, regents/mayors in accordance
with their respective scopes of authority every month.
CHAPTER V
THE IMPLEMENTATION OF ACTIVITIES AT
GENERAL SEAPORTS
Article 33
1. Executors of activities at general seaports shall consist of government institution, seaport
operators and Indonesia statutory bodies providing services at seaports to ensure the
smooth traffic of ships, passengers and goods.
2. The government institution as meant in paragraph (1) shall be holder of function of :
a. navigation safety;
b. customs and excise;
c. immigration;
d. quarantine;
e. security and orderliness
1. The seaport operators as meant in paragraph (1) shall constitute :
a. seaport technical executing /working units at general seaport seaports operated by the
government, provincial government, regency/city governments;
b. executing units of seaport management companies at general seaports operated by seaport
management companies.
1. The Indonesia statutory bodies as meant in paragraph (1) shall constitute Indonesia

statutory bodies undertaking activities at seaports.
Article 34
1. Government institutions at seaports shall consist of :
a. the executor of the function of navigation safety, having the tasks of :
1. overseeing the traffic of ships coming in and out of seaports;
2. overseeing the fulfillment of requirements for seaworthiness of ships;
3. overseeing the pilotage and towing of ships as well the provisions and
maintenance of shipping lane;
4. preventing and overcoming the pollution of seaport waters;
5. taking safeguarding and disciplining measures in seaport working areas and
seaport interest areas to ensure the smooth operation of seaports;
6. overseeing the development/expansion and operation of seaports.
a. the executor of the customs and excise function having the task of supervising and
safeguarding the implementation of custom legislation and other laws delegated to the
relevant executor.
b. The executor of the immigration function, having the task of overseeing the traffic of
people from and/or to other countries in connection with immigration affairs;
c. The executor of the quarantine function, having the task of overseeing people , plans
animal and fish in connection with the quarantine affairs
1. The function of public security and orderliness at seaport shall be executed in accordance
with laws in force.
Article 35
1. The government shall continue to execute the function of safety as meant in Article 34
paragraph (1) letter a at seaport whose operation is entrusted to provincial governments
and regency/city governments.
2. The government shall execute the function of safety as meant in Article 34 paragraph (1)
letter a new seaport built by the government, provincial governments and/or regency/city
governments.
Article 36
1. The implementation of public administration activities and provision of seaport services
shall be coordinated by officials holding the function of coordination that are appointed
by the minister, governors and regent/mayors in accordance with their respective scopes
of authority.
2. The official holding the coordination function as meant in paragraph (1) shall have the
following tasks and authority :
a. to coordinate activities of government institutions concerned and activities of provisions
of seaport services to ensure the smooth execution of operational task at seaports;

b. to settle problems capable of disturbing the smooth execution of operational activities of
seaport which cannot be settled by government institutions, seaport management
companies and other working units concerned.
1. Further provisions on the coordination of implementation of activities at seaports as
meant in paragraphs (1) and (2) shall be regulated by a decree of the minister.
CHAPTER VI
PROVISION OF SEAPORT SERVICES AT
GENERAL SEAPORTS
Article 37
The provision of seaport services at general seaports shall be done by :
a. seaport technical executing /working units at general seaports operated by the
government, provincial governments and regency/city governments;
b. executing units of seaport management companies at general seaports operated by seaport
management companies.
Article 38
1. The seaport services as meant in Article 37 shall include :
a. provisions of seaport and waters pool for the traffic of ships and berthing place;
b. provision of service connected with pilotage and towing of ships;
c. provision of and rendering of services for warehouse and collection square of goods,
transport on seaport waters, loading/unloading equipment as well as seaport equipment;
d. provision of land for various buildings and fields in connection with interests in ensuring
the smooth operation of sea transport and industry;
e. provision of road and bridge networks waiting place of motor vehicles , water disposal
channel ,electricity installation, drinking water installations, fuel oil depots and fire
extinguisher;
f. provision of services for terminal of container, liquid bulk, dry bulk and roll on roll over;
g. provision of other services able to support the provision of seaport services.
1. The provision of the seaport services as meant in paragraph (1) shall constitute the
seaport core business which is designated for :
a. the smooth of intra-and/or inter-transport mode transfer;
b. the center of service activities; and
c. the center of distribution and consolidation of goods.
1. The pier- based services as meant in paragraph (1) letter c can be provided and rendered
specifically for self interest to support certain activities under joint cooperation with
operators of general seaports on the basis of the mutually beneficial principle.

2. Further provisions on the guidelines on the provision and rendering of the pier-based
services as meant in paragraph (3) shall be stipulated by a decree of the minister.
Article 39
1. Provision of seaport services at general seaport by seaport technical executing/working
units can be delegated to seaport management companies.
2. The delegation of the provisions of seaport services as meant in paragraph (1) shall be
done after fulfilling the following criteria :
a. financial aspect;
b. operational aspect;
c. facility aspect.
1. Further provision on the delegation of seaport services as meant in paragraph (2) shall be
regulated by a decree of the minister.
Article 40
1. Provision of seaport services at fishery seaport as fishery infrastructure shall be regulated
and stipulated by the minister responsible for fishery affairs.
2. The provisions in this government regulation shall apply to provision of the seaport
services as meant paragraph (1) in the navigation safety aspect.
CHAPTER VII
SEAPORT SUPPORTING BUSINESS ACTIVITIES
Article 41
1. In the framework of ensuring the smooth provision of seaport services at general seaport,
seaport supporting business activities can be executed.
2. The seaport supporting business activities as meant paragraph (1) shall consists of :
a. activities excluding from seaport principal business, which can cover :
1. provision of office building in interest of users of seaport services;
2. provision of industrial estate;
3. provision of trading complex.
a. activities supporting the smooth operation of seaport capable certain conditions unless
they are available, which can include :
1. provision of waste collection facilities;
2. provision of container depot;
3. provision of warehouse services.
a. activities supporting the smooth operation of seaport and not affecting the smooth
operation of seaport unless they are existent, which include :

1. public transport from and to seaport;
2. hotel, restaurant, tourism, post and telecommunications facilities;
3. provision of other public amenities.
1. Further provisions on the seaport supporting business activities as meant in paragraph (1)
and (2) shall be stipulated by a decree of the minister.
Article 42
Seaport supporting business activities can be executed by :
a. seaport technical executing/working units of the government , provincial government,
regency/city governments or seaport management companies;
b. Indonesia statutory bodies or individuals after being considered by seaport technical
executing units of the government, provincial governments, regency/city governments or
seaport management companies.
Article 43
Operators of the seaport supporting business activities as meant in Article 42 shall be obliged :
a. to maintain orderliness and sanitation of seaport areas which are used;
b. to avoid the occurrence of security disturbances and other matters capable of disturbing
the smooth execution of seaport operational activities conservation.
CHAPTER VIII
MAINLAND SEAPORT
Article 44
1. Mainland seaport shall constitute a certain place in the mainland which functions as
general seaport.
2. The minister shall stipulate locations of mainland seaports.
3. The minister, governors, regents/mayors shall stipulate the development and operation of
mainland seaports in accordance with authority in their main seaports.
4. The mainland seaport as meant in paragraph (2) shall be stipulated by observing the
following matters :
a. the availability of lane linking to seaports pen for international trade;
b. being located in regions potential in the production and trading sectors which have been
developed; and
c. lay-out plans of the relevant regions.
1. The development and operation of the mainland seaports as meant in paragraph (3) shall
fulfill the following requirements :
a. having licenses to stipulate locations;

b. controlling a certain size of land plots as a working area; and
c. having infrastructures and technology so as to be capable of functioning as mainland
seaports.
1. Provisions effective for general seaports with regard to procedures for operation and
general provisions on export and import shall be enforced to mainland seaports.
Article 45
Provision of the services as meant in Article 38 paragraph (1) at mainland seaport shall
be done :
a. mainland seaport technical executing units of the government, provincial government,
regency/ city government; or
b. executing units of seaport management companies.
CHAPTER IX
JOINT COOPERATION
Article 46
1. In the provision of seaport services, seaport management companies can involve
provincial governments, regency/city government and other Indonesia statutory bodies
through joint cooperation.
2. The joint cooperation between seaport management companies and provincial
government, regency/city governments as meant in paragraph (1) shall be executed
comprehensively and nationally.
3. In executing joint cooperation with seaport management companies , the provincial
governments and regency/city governments shall establish regional administration-owned
companies especially set up to provide seaport services.
4. In executing the joint cooperation as meant in paragraph (2), seaport management
companies shall observe public interest and the mutually beneficial principle .
5. The mechanism of the joint cooperation as meant in paragraph (2) shall be further
regulated by a decree of the minister.
Article 47
1. The joint cooperation in the operation of the general seaports as meant in article 46 can
be executed in :
a. the building of seaport and waters pool for the traffic of ships and berthing place;
b. provision and rendering of pier-based services for anchoring, loading/unloading goods
and animals as well as provision of boarding/disembarking facilities for passengers;
c. provision of services connected with the provision of towing services for ships;
d. provision of and rendering of services for warehouse and collection square of goods,
transport on seaport waters, loading/unloading equipment as well as seaport equipment;

e. provision of various building and fields on land in seaport working areas in interest in
ensuring the smooth provision of seaport services;
f. provision of road and bridge networks, waiting place of motor vehicles, electricity
installation, drinking water installation , fuel oil depots and waste collection facilities at
seaport;
g. provision of services for terminal of container, licit bulk, dry bulk and roll on roll over;
h. provision of other services able to support the provision of seaport services.
1. The joint cooperation as meant in paragraph (1) can be executed for a kind of service or
more in accordance with