PRESIDENTIAL DECREE NO. 33/2002 DATED MAY 23, 2002 ON
CONTROL AND SUPERVISION OVER EXPLOITATION OF SEA SAND
THE PRESIDENT OF THE REPUBLIC OF INDONESIA,
Considering :
a. that mining, dredging, transport and trade of sea sand which have so far run uncontrollably already damaged coastal and marine ecosystem, affected fishermen and fish-breeding as well as caused the price of sea sand to drop;
b. that in order to prevent the negative impacts as meant in letter a, and in a bid to protect and empower fishermen, fish breeding and coastal communities in general as well as to improve the selling price of sea sand, it is necessary to control and supervise exploitation of sea sand;
c. that control and supervision over exploitation of sea sand are still executed sectorally so that law enforcement is not yet coordinated accordingly in accordance with laws in force;
d. that based on the considerations as meant in letter a, b, and c, it is necessary to stipulate a presidential decree on control and supervision over exploitation of sea sand.
In view of :
1. Article 4 paragraph (1) of the Constitution of 1945 as already amended by the Third Amendment to the Constitution of 1945;
2. Law No. 11/1967 on mining basic provisions (Statute Book of 1967 No. 22, Supplement to Statute Book No. 2831);
3. Law No. 9/1985 on fishery (Statute Book of 1985 No. 46, Supplement to Statute Book No. 3299);
4. Law No. 5/1990 on conservation of biological natural resources and their ecosystems (Statute Book of 1990 No. 49, Supplement to Statute Book No. 3419);
5. Law No. 21/1992 on navigation (Statute Book of 1992 No. 98, Supplement to Statute Book No. 3493); 6. Law No. 24/1992 on lay out (Statute Book of 1992 No. 115, Supplement to Statute Book No. 3501); 7. Law No. 10/1995 on custom affairs (Statute Book of 1995 No. 75, Supplement to Statute Book No. 3612); 8. Law No. 6/1996 on Indonesian Waters (Statute Book of 1996 No. 73, Supplement to Statute Book No.
3647);
9. Law No. 20/1997 on non-tax state receipts (Statute Book of 1997 No. 43, Supplement to Statute Book No. 3687);
10.Law No. 23/1997 on environmental management (Statute Book of 1997 No. 68, Supplement to Statute Book No. 3699);
11.Law No. 22/1999 on regional administration (Statute Book of 1999 No. 60, Supplement to Statute Book No. 3839);
12.Law No. 25/1999 on financial equilibrium between the central and regional governments (Statute Book of 1999 No. 72, Supplement to Statute Book No. 3848);
DECIDES :
To stipulate :
THE PRESIDENTIAL DECREE ON CONTROL AND SUPERVISION OVER EXPLOITATION OF SEA SAND
Referred to in this presidential decree as :
1. Sea sand is sand mineral located in the Indonesian waters, which contains no minerals of category A and/or category B in a significant quantity, viewed from mining economic aspect.
2. Exploitation of sea sand is an economic activity covering the mining, dredging, transport and export of sea sand.
3. Mining concession is a license granted to bodies/individuals to undertake a mining business. 4. Exploitation is a mining business aimed at producing minerals and utilizing them.
5. Sea destruction is an action directly or indirectly changing its physical and/or biological characteristics exceeding the standard criteria for sea destruction.
6. Zoning of coastal and sea areas is a direction for exploiting coastal and sea space.
Article 2
Control and supervision over exploitation of sea sand include control and supervision over business activities of mining, dredging, transport, trade, export, utilization of results of sea sand exploitation and efforts to prevent sea destruction in an integrated and coordinated manner as well as in accordance with the provisions of laws in force.
Article 3
The controlling and supervisory efforts as meant in Article 2 is executed in mining locations and during the transport of sea sand.
CHAPTER II
INSTITUTIONAL AFFAIRS Article 4
(1) In order to control and supervise the sea sand exploitation as meant in Article 2, the Team for Controlling and Supervising Exploitation of Sea Sand is established.
(2) The Team for Controlling and Supervising Exploitation of Sea Sand as meant in paragraph (1) consists of : Chairman : The Minister of Marine and Fishery;
Vice Chairman : The Minister of Industry and Trade; Members : 1. The Minister of Home Affairs;
2. The Minister of Energy and Mineral Resources; 3. The Minister of Forestry;
4. The Minister of Finance;
5. The Minister of Communications; 6. The Minister of Foreign Affairs;
7. The Minister of Justice and Human Rights;
8. The State Minister for the Environment/Chairman of BAPEDAL; 9. The Indonesian Military Commander;
10.The Indonesian Police Chief;
11.Governors of sea sand producing regions; 12.Regents/mayors of sea sand producing regions;
Secretary : First Echelon Official of the Ministry of Marine and Fishery
(3) The Team for Controlling and Supervising Exploitation of Sea Sand is subordinate and responsible to the President.
(1) The Team for Controlling and Supervising Exploitation of Sea Sand as meant in Article 4 paragraph (1) is assigned :
a. to coordinate formulation of national policies in the implementation of control and supervision over exploitation of sea sand;
b. to coordinate and recommend stipulation of the zoning of coastal and sea areas for exploitation of sea sand;
c. to coordinate and recommend stipulation of plans for volume of sea sand which can be explored and exported nationally every year, by considering conservation of coastal and marine ecosystems and balance of supply and demand as well as interests of regional communities;
d. to coordinate and recommend stipulation of plans for utilization and management of funds of control, supervision and security for exploitation of sea sand;
e. to coordinate and recommend stipulation of guidance for utilizing funds of restoration of coastal and marine ecosystems as well as funds of empowerment of coastal communities and to monitor, evaluate as well as to supervise the implementation of the guidance;
f. to coordinate and recommend stipulation of operational guidance for supervision and security in the mining locations and during the transport;
g. to monitor, evaluate and supervise the conformance of zoning concession and licenses of dredging work; h. to control and supervise the execution of joint operation of supervision and security;
i. to control and supervise the implementation of mining businesses; j. to monitor, evaluate and supervise dredging work;
k. to monitor, evaluate and supervise exports and results of sea sand exploitation;
l. to monitor, evaluate and supervise the condition of coastal and marine ecosystem resulting from exploitation of sea sand and restoration of quality of the environment;
m. to monitor and supervise the granting of immigration licenses to foreigners related to exploitation of sea sand;
n. to evaluate regulations of the respective sectors concerned in the framework of ensuring the optimal control and supervision over exploitation of sea sand;
o. to recommend the provision of budget and expenditures on the implementation of control and supervision over exploitation of sea sand for the sectors concerned in accordance with the provisions of laws in force.
(2) In executing the tasks as meant in paragraph (1), the Team for Controlling and Supervising Exploitation of Sea Sand functions :
a. to foster and direct the implementation of control over exploitation of sea sand;
b. to formulate provisions and requirements for the implementation of control over exploitation of sea sand;
c. to monitor, supervise and control exploitation of sea sand.
(3) The Team for Controlling and Supervising Exploitation of Sea Sand can appoint an Indonesian statutory body fulfilling the requirements for certain qualification to help implement the control and supervision over exploitation of sea sand.
Article 6
(1) In order to support the implementation of tasks of control and supervision over sea sand as meant in Article 5, the Chairman of The Team for Controlling and Supervising Exploitation of Sea Sand sets up working groups in accordance with the need.
respective ministries and institutions concerned and officials appointed by governors, regents/mayors of sea sand producing regions.
(3) Procedures for executing activities of the Team for Controlling and Supervising Exploitation of Sea Sand as meant in Article 4 paragraph (1) as well as the appointment and relief of the working groups as meant in paragraph (1) are stipulated by the Chairman of the Controlling and Supervising Exploitation of Sea Sand
CHAPTER III
ZONING AND VOLUME OF EXPLOITATION OF SEA SAND Article 7
(1) Zoning coastal and sea areas is stipulated by the Minister responsible for marine and fishery affairs after consulting with institutions concerned at the central level, governors and regents/mayors in accordance with the provisions of laws in force.
(2) The volume of sea sand which can be exported is stipulated nationally by the institution in charge of industrial and trading affairs as well as provincial and regency/city governments of sea sand producing regions in accordance with their respective scopes of authority on the basis of the provisions of laws in force.
(3) Every sea sand mining concession and dredging license must be adjusted to the zoning of coastal and sea areas as meant in paragraph (1) and the volume of sea sand as meant in paragraph (2).
CHAPTER IV EXPORT TRADE
Article 8
(1) Export sea sand is stipulated as a commodity whose export is supervised.
(2) Sea sand stipulated as the commodity whose export is supervised as meant in paragraph (1) can be changed into a commodity whose export is banned after considering recommendations of the Team for Controlling and Supervising Exploitation of Sea Sand.
Article 9
(1) The sea sand as meant in Article 8 paragraph (1) only can be exported by individuals or statutory bodies after securing export approval from the Minister responsible for industrial and trading affairs.
(2) In the case of issuance of the export approval as meant in paragraph (1), the ministers responsible for industrial and trading affairs appoints governors and/or regents/mayor in accordance with the provisions of laws in force.
(3) Governors and/or regents/mayors are obliged to report the issuance of the export approval to the Minister in charge of industrial and trading affairs every month.
(4) Individuals or statutory bodies planning to export as meant in paragraph (1) must be stipulated as Exporters of Sea Sand (EPL) by the Minister responsible for industrial and trading affairs firstly by considering written proposals of governors and/or regions of sea sand producing regions.
Governors and/or regents/mayors issue export approval in accordance with their respective scopes of authority by considering the volume of sea sand which can be explored and exported nationally every month as meant in Article 7 paragraph (2) as well as production and export plans of companies.
Article 11
The export approval already issued cannot be traded or handed over to other parties.
CHAPTER V
OBLIGATIONS IN EXPLOITATION OF SEA SAND Article 12
Exporters already securing export approval in accordance with the provisions in force are obliged to report the realization of export of sea sand to governors and/or regents/mayors, the minister responsible for industrial and trading affairs as well as the Team for Controlling and Supervising Exploitation of Sea Sand every 3 (three) months.
Article 13
(1) Every individual and/or statutory body undertaking sea sand exploitation business is obliged to formulate a plans for conservation and restoration of coastal and oceanic ecosystems.
(2) The cost of conservation and restoration of the coastal and oceanic ecosystem as well as procedures for collecting the cost are stipulated by a regional regulation.
Article 14
Every mining concession holder is obliged to report environmental management and monitoring in the mining location to governor and/or regent/mayor and/or institution responsible for the environmental affairs in the relevant region.
Article 15
(1) Every sea sand mining and/or dredging business must maintain the conservation of functions of oceanic ecosystem and prevent and overcome pollution and destruction of oceanic ecosystem resulting from the activity.
(2) If valuable goods resulting from freight of sunk ships are found in regions and/or areas of sea-sand mining concessions, all activities in the regions and/or areas where the ships sunk are stopped.
Article 16
(1) Everybody and/or statutory body exploiting sea sand is obliged to formulate a plan for empowerment of coastal communities.
(2) The empowerment of coastal communities as meant in paragraph (1) is coordinated by regional governments in accordance with their respective scopes of authority on the basis of the provisions of legislation.
Article 17
(1) Mining concession holders are obliged to install production monitoring equipment at ships already registered..
(2) Captains of ships are obliged to activate and maintain the production monitoring equipment as meant in paragraph (1) so as to function in accordance with its designation.
Article 18
Any violation against the obligations in exploitation of sea sand as meant in Articles 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 which is found in the operational implementation of supervision is followed up in accordance with the provisions of laws in force.
CHAPTER VI
TRANSITIONAL PROVISION Article 19
(1) Provisions on the zoning of coastal and oceanic areas as meant in Article 7 paragraph (1) as well as the volume of sea sand which can be exploited for export as meant in Article 7 paragraph (2) are stipulated not later than 3 (three) months as from the date of promulgation of this presidential decree.
(2) Before the provisions on and/or technical directive for the zoning of coastal and oceanic areas as well as the volume of sea sand which can be exported nationally as meant in paragraph (1) are existent, activities of sea sand exploitation can be executed by referring to this presidential decree.
(3) Mining concessions and dredging licenses already issued before the issuance of this presidential decree are declared to remain effective and must be adjusted to the provisions on the zoning of coastal and oceanic areas as well as the volume of sea sand.
Article 20
With the enforcement of this presidential decree, Presidential Instruction No. 2/2002 on control over sea sand mining is declared null and void.
CHAPTER VII CONCLUSION
Article 21
The cost needed for implementing this presidential decree is charged to the State Budget of Revenue and Expenditure as well as Regional Budgets of Revenue Expenditure in accordance with the provisions of laws in force.
Article 22
This presidential decree comes into force as from the date of stipulation.
Stipulated in Jakarta On May 23, 2002
THE PRESIDENT OF THE REPUBLIC OF INDONESIA sgd.
MEGAWATI SOEKARNOPUTRI
Promulgated in Jakarta On May 23, 2002
THE STATE SECRETARY sgd.
BAMBANG KESOWO
