Vessel Registration & License Management

Fisheries Law No. 31 of 2004

What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?

  • Article 41

    Translated text:

    (4) Every person who owns and/or operates fishing vessel and/or fish carrier that does not load and unload the captured fish at the specified fishing ports as referred to in section (3) is subject to administrative sanctions in the form of warning, suspension of license or license revocation.

Government Decree No. 15 of 1984

What offenses exist in the law/regulation for which license suspension, revocation or cancellation is a mandatory consequence upon conviction for committing the offense?

  • Article 17

    Any person engaging in fishing activities in the Indonesian Exclusive Economic Zone without being in possession of a fishing permit in accordance with these Regulations shall be prosecuted under section 16 (1) and (2) of Law No. 5 of 1983.

  • Article 18

    Any person who damages or destroys objects used in committing the offense referred to in regulation 17, with the intention to elude their confiscation when the vessels is being inspected shall be prosecuted in conformity with section 17 of Law No. 5 of 1983.

  • Article 19

    The penalty for any fishing vessel making use of any gear or substances prohibited under regulation 6, for fishing in the Indonesian Exclusive Economic Zone, shall be a fine of not more than 75 million rupiah and the withdrawal of the fishing permit.

  • Article 20

    If a fishing vessel used by an applicant who has granted a fishing permit in accordance with these Regulation violates the conditions laid down in the fishing permit, the penalty shall be a fine of 25 million rupiah and the withdrawal of the fishing permit.

MAFF Regulation No. 58/PERMEN-KP/2020

What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?

  • Article 66

    Translated text:

    (1) Every Fishing Vessel is forbidden from conducting activities other than Fishing. (2) Every Fishing Vessel that violates the prohibition as referred to in clause (1) shall be subject to administrative sanctions in the form of: a. a written warning/notice; b. suspension of the Fishing Permit (SIPI); and c. cancellation of the Fishing Permit (SIPI). (3) The written warning/notice, as mentioned in clause (2)a, shall be issued once if the Fishing Vessel violates the prohibition as referred to in clause (1) for the first time. (4) The fishing permit suspension as mentioned in clause (2)b is in effect for 90 calendar days if the Fishing Vessel violates the prohibition as referred to in clause (1) for the second time. (5) The cancellation of the fishing permit as mentioned in clause (2)c shall be imposed if the Fishing Vessel violates the prohibition as referred to in clause (1) for the third time. (6) The administrative sanctions as mentioned in clause (2) is imposed based on recommendations from the fisheries supervisor and/or the fisheries civil servant investigator. (7) Recommendations from the fisheries supervisor and/or the fisheries civil servant investigator.as mentioned in clause (6) shall be submitted to the Director General by the director general who carries out technical work in the monitoring of marine and fisheries resources. (8) The form and format of the recommendations from the fisheries supervisor and/or the fisheries civil servant investigator as mentioned in clause (6) are available in Annex X which is an inseparable part of this ministerial regulation.

RA 45 of 2009

What qualifications does the law/regulation give for a vessel to qualify as a local vessel?

  • Article 27

    (1) Every person who owns and/or operates fishing vessel flying Indonesian flag used for fishing in the fisheries management area of the Republic of Indonesia and/or in the high seas is obligated to have SIPI. (2) Every person who owns and/or operates fishing vessel flying foreign flag used for fishing in ZEEI is obligated to have SIPI. (3) Every person who operates fishing vessel flying Indonesian flag in the fisheries management area of the Republic of Indonesia or operates fishing vessel flying foreign flag in ZEEI must bring original SIPI. (4) Fishing vessel flying Indonesian flag fishing in the jurisdiction of another country first must obtain approval from the Government. (5) Obligation to own SIPI as referred to in section (1) and/or bring original SIPI as referred to in section (3) are not applicable to small fishers.

Shipping Law (Law No. 17 of 2008)

What is the applicable law/regulation for the registration of ships, and does the fisheries legislation have any relevant provisions for registration such as pre-approval?

  • Article 154

    The legal status of Ship can be determined after the following process: a. measurement of'ship; b. registration of ship; and c. stipulation of nationality of ship.

  • Article 158

    (1) Ships that had been measured and issued with Measurement Documents maybe registered in Indonesia by the owner to the Registration Official and Recorder of Transfer of Title of Ship stipulated by the Minister. (2) Ships that may be registered in Indonesia are: a. ships that weigh at least 7 GT (seven gross tonnage); b. shipsowned by Indonesian citizens or business entities established based on the Laws of Indonesia anddomiciled in Indonesia; and c. ships ownedbyIndonesian business entities in the form of joint venture where the majority of its shares are ownedby Indonesian citizens. (3) Shipregistration ismadebydrawingup a registration deed, and registered in the List of Indonesian Ships. (4) As proof that a ship had been registered, the owner shall be given a registration deed gross functioning as proof of ownership of the registered ship. (5) On ships that had been registered, it is obliged to install a Registration Sign.