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GOVERNMENT REGULATION
NUMBER 19 YEAR 1999
REGARDING
CONTROL OVER MARINE CONTAMINATION AND/OR DEGRADATION

THE PRESIDENT OF THE REPUBLIC OF INDONESIA

Considering: a. that marine environment and its natural resources and the
basis of the Archipelago Concept constitute part the
environment, which God has endowed and services as space
for the life of the nation;
b. that the management of marine environment and its natural
resources is aimed at providing the biggest benefit to the
welfare of the people and the sustainability of other living
creatures;
c. that increasing development activities on land and in the sea
as well as the utilization of the sea and its natural resources
may result I the contamination of and/or damage to marine
environment, which shall finally lower the quality and the
function of the sea;
d. that in connection with the above-mentioned matter, it is
deemed necessary to stipulate a government regulation on the
control over marine contamination and/or damage.

Bearing in mind: 1. Article 5 paragraph (2) and Article 33 of the Constitution of

1945;
2. Law No.5 /1967 on Basic Provisions on Forestry (State Gazette
No. 8/1967, Supplement to State Gazette No.2823);
3. Law No. 1/1973 on the Indonesian continental shelf (State
Gazette No. 1/1973, Supplement to State Gazette No.2994);
4. Law No.5/1974 on the Principles of Regional Administrations
(State Gazette No.38/1974, Supplement State Gazette
No.3037);
5. Law No.5/1983 on the Indonesian Exclusive Economic Zone
(State Gazette No.44/1983, Supplement State Gazette
No.3260);
6. Law No.5/1984 on Industrial Affairs (State Gazette
No.22/1984, Supplement to State Gazette No. 3274);
7. Law No. 9/1985 on Fisheries (State Gazette No. 46/1985
Supplement to State Gazette No. 3299)
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 8. Law No. 17/1985 on the Ratification of the 1982 United
Nations Convention on the Law of the Sea;
9. Law No.5/1990 on the Conservation of Biological Natural
Resources and their ecosystem (State Gazette No. 49/1990,
Supplement to State Gazette No. 3419);
10. Law No. 21/1992 on Navigation (State Gazette No. 98/1992,
Supplement to State Gazette No. 3493);
11. Law No. 24/1992 on the Spatial Layout (State Gazette
No.115/1992, Supplement to State Gazette No. 3501);
12. Law No. 6/1996 on Indonesian Waters (State Gazette
No.73/1996, Supplement to State Gazette No. 3647);
13. Law No. 23/1997 on Environment Management (State Gazette
No. 98/1997, Supplement to State Gazette No.3699);

DECIDED

To stipulate: THE GOVERNMENT REGULATION ON THE CONTROL OVER

MARINE CONTAMINATION AND/OR DAMAGE

CHAPTER I
GENERAL PROVISIONS

Article 1
Referred to in this government regulation as:
1. The sea shall be the sea territory which constitutes a geographical totality and
all relevant element the boundaries the system of which shall be determined on
the basis of a functional aspect;
2. Marine contamination shall be the entry or inclusion of living creatures,
substances, energy and/or other components in the marine environment by
human activities so that its quality deteriorates up to a certain level which shall
make the marine environment incompatible to the quality standard and/or its
function;
3. The quality standard of sea water shall be the measurement of the limit or
content of living creatures, substances, energy and/or other components which
are or must be present and/or contaminating elements whose presence is
tolerated in the sea water;
4. Sea damage shall be an act bringing about direct and indirect changes in the
physical and/or biological nature in excess of the criteria for the standard of
marine damage;

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5. Marine damage shall be physical and/or biological changes in the sea in excess
of the criteria for the standard of marine damage;
6. The criteria for standard of marine damage shall be the limits of changes in the
physical and/or biological nature of the marine environment which may be
tolerated;
7. The status of marine quality shall be the grades of the quality of the sea at
certain locations and times, evaluated on the basis of the quality standard of
marine damage;
8. The protection of marine quality shall be every effort or activity aimed at
ensuring that the marine quality shall remain good;
9. Control over marine contamination and/or degradation shall be every effort or
activity to prevent and/or manage and/or bring to recovery marine
contamination and/or damage;
10. Dumping shall be the dumping into the sea of waste as a residue of an
undertaking and/or activity and/or other objects which are no longer used or
which have already expired;
11. Waste shall be the residue of a process of an undertaking and/or activity in a
liquid form;
12. Liquid waste shall be the residue of a process of an undertaking and/or activity
in a liquid form;
13. Solid waste shall be the residue or by – product of an undertaking and/or
activity in a solid form, including garbage;
14. Persons shall be individuals and/or groups of people and/or statutory bodies;
15. A responsible government agency shall be a government agency responsible in
the control over environmental impacts;
16. The Minister shall be the minister assigned to manage the environment.

Article 2
Protection of marine quality shall encompass efforts or activities of controlling marine
contamination and/or damage aimed at preventing or lessening the determination of
marine quality and/or the damage of marine resources.

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 CHAPTER II
PROTECTION OF MARINE QUALITY

Article 3
The protection of marine quality shall be based on the standard of the quality of
seawater, the criteria of marine damage and the status of marine quality.

Article 4
The standard of the quality sea water and the standard criteria for marine damage as
meant in Article 3 shall be stipulated by the Minister with account being taken of the
input from other Ministers and the management of other relevant non-ministerial
government institutions.

Article 5
(1) The status of marine quality shall be stipulated on the basis of the inventory
and/or research of the data of the quality of seawater, the condition of the
extent of marine damage affecting marine quality.
(2) The governor/head of a first-level region may stipulate the status of marine
quality on the basis of technical guideline for the stipulation of the status of
marine quality stipulated by the head of a responsible government agency.
(3) In the event that the governor/head of a first-level region does not stipulate the
status of marine quality, the head of the responsible government institutions
shall stipulate the status of marine quality.

Article 6
The head of a responsible government agency shall stipulate a technical guideline for
the evaluation and stipulation of the status of marine quality.

Article 7
(1) Seawater whose quality meets the standard of quality seawater shall be started
as seawater whose quality status is at a good level.
(2) Seawater whose quality fails to meet the standard of quality of seawater shall be
stated as seawater whose quality status is at a contaminated level.

Articles 8
(1) Marine environment fulfilling the criteria for marine damage shall be stated as
marine environment whose quality status is at a good level.
(2) Marine environment not fulfilling the standard criteria for marine damage shall
be stated as marine environment whose quality status is at a damaged level.
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 CHAPTER III
PREVENTION OF MARINE CONTAMINATION

Articles 9
Everybody or every party assuming the responsibility for an undertaking and/or
activity shall be prohibited to take any action, which may bring about marine
contamination.

Article 10
(1) Every party assuming the responsibility for an undertaking and/or activity
which may cause marine contamination shall be obligated to under take
prevention of marine contamination.
(2) Every party assuming the responsibility for an undertaking and/or activity
which dumps the waste to the sea shall be obligated to meet the requirement set
for the quality standards of sea water, the quality standard of liquid waste, the
quality standards of emission and other provisions pursuant to the prevailing
laws.

Article 11
The head of a responsible government agency shall stipulate a technical guideline for
the prevention of marine contamination.

Article 12
Liquid waste and/or solid waste of routine operational activities in the sea shall, by
way of obligation, be managed at and dumped into liquid waste and/or solid waste
processing facilities pursuant to the prevailing laws.

CHAPTER IV
PREVENTION MARINE DAMAGE

Article 13
Everybody or every party assuming the responsibility for an undertaking and/or
activity shall be prohibited to take any action that may lead to marine damage.

Article 14
(1) Every party assuming the responsibility for an undertaking and/or activity
which may lead to marine damage shall be obligated to take action to prevent
marine damage.
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(2) The head of a responsible government agency shall stipulate a technical
guideline for the prevention of marine damage.

CHAPTER V
MANAGEMENT OF MARINE CONTAMINATION AND/OR DAMAGE

Article 15
(1) Everybody or ever party assuming the responsibility for an undertaking and/or
activity, which brings about marine contamination and/or damage shall be
obligated to manage and marine contamination and/or damage caused by the
activity.
(2) A guideline for the management of marine contamination and/or damage as
meant in paragraph (1) shall be stipulated by the head of a responsible
government agency.

CHAPTER VI
RESTORATION OF MARINE QUALITY

Article 16
(1) Everybody or every party assuming the responsibility for an undertaking
and/or activity which brings about marine contamination and/or damage shall
be obligated to undertake the restoration of marine quality.
(2) A guideline for the restoration of marine quality as meant in paragraph (1) shall
be stipulated the head of a responsible government agency.

CHAPTER VII
EMERGENCY

Article 17
(1) In an emergency, the dumping into the sea of objects originating from an
undertaking and/or activity in the sea can be conducted without a license if:
a. the dumping of the objects is intended to guarantee the safety of human
lives involved;
b. the dumping of the objects as meant in letter (a) can be conducted on
condition that all proper preventive efforts have been made or that the
said dumping is the best way to prevent bigger losses.
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(2) In an emergency as meant in paragraph (1), the lower and/or party assuming
responsibility for an undertaking and/or activity shall obligated to immediately
notify the nearest authorized official and/or a government agency assuming the
responsibility.
(3) It is compulsory that the notification as meant in Paragraph (2) should the
objects which are dumped, the location, the time the quantity and the measures
already taken.
(4) A government agency receiving the report shall be obligated to take action to
prevent marine contamination and/or damage from spreading and to report
this to the Minister.
(5) Expenses arising from the management of marine contamination and/or
damage and the restoration of marine quality owing to an obligency shall be
borne by the party assuming responsibility for an undertaking and/or activity.

CHAPTER VIII
DUMPING

Article 18
(1) Everybody or every party assuming responsibility for an undertaking and/or
activity that undertakes dumping into the sea shall be obligated to obtain a
license from the Minister.
(2) The procedure for dumping as meant in Paragraph (1) shall be stipulated
further by the Minister.

CHAPTER IX
SUPERVISION

Article 19
(1) The minister shall undertake supervision over the arrangement of the party
assuming responsibility for an undertaking and/or activity, which may cause
marine contamination and/or damage.
(2) To undertaken the supervision as meant in paragraph (1), the Minister can
appoint an official authorized to undertake supervision.

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 Article 20
(1) To perform his task, the supervisor as meant in Article 19 shall be authorized to
undertake monitoring, ask for information, make copies of documents and/or
make the necessary notes, enter certain places, collect samples, examine
instrument, examine installations and/or transportation facilities and request
information from the party assuming responsibility for an undertaking and/or
activity.
(2) The party assuming responsibility for an undertaking and/or activity from
whom information is requested as meant in paragraph (1) shall be obligated to
fulfill request of the supervising officer pursuant to the prevailing laws.
(3) Every supervisor shall be obligated to show their letter of assignment and/or
identification card and observe the situation and condition of the site where
supervision is undertaken.

Article 21
Every party assuming responsibility for an undertaken and/or activity shall be
obligated to:
a. allow a supervisor to enter their working environment and help the
implementation of this supervision task;
b. provide information correctly, both orally and in writing, if this is requested by
the supervisor;
c. provide the document and/or data required by the supervisor;
d. allow the supervisor to collect waste sample or other objects needed for
supervision; and
e. allow the supervisor to take pictures and/or photographs at the work site.

Article 22
(1) Everybody or every party assuming responsibility for an undertaking and/or
activity shall be obligated to submit a report on the result of the monitoring of
control over marine contamination and/or damage already undertaken to the
responsible government agency, the technically relevant government agency
and other relevant government agencies.
(2) A guideline on and procedure for reporting as meant in paragraph (1) shall be
stipulated further by the head of the responsible government agency.

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 CHAPTER X
FINANCING

Article 23
(1) Expenses arising from inventory making and/or researches in the framework of
determining the status of marine quality as meant in Article 5 shall be borne by
the regional budget of revenues and expenditures and/or other financial
sources pursuant to the prevailing laws;
(2) Expenses arising for the supervision over arrangement as meant in Article 19
shall be borne by the state’s budget of revenues and expenditure and/or other
financial sources pursuant to the prevailing laws

CHAPTER XI
COMPENSATION

Article 24
(1) Everybody or every party assuming responsibility for an undertaking and/or
activity which brings about marine contamination and/or damage shall
obligated to bear the expenses arising from the management of marine
contamination and/or damage and the restoration expenses;
(2) Everybody or every party assuming responsibility for an undertaking and/or
activity inflicting losses to another party as a result of marine contamination
and/or damage shall be obligated to pay compensation to the party to whom
losses have been inflicted

Article 25
The procedure for the calculation of expenses, collection and payment of
compensation as meant in Article 24 shall be stipulated further by the Minister.

CHAPTER XII
TRANSITIONAL PROVISION

Article 26
After the promulgation of this government regulation, every undertaking and/or
activity shall be obligated to be adjusted to the requirements on the basis of this
government regulation.

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 CHAPTER XIII
CLOSING PROVISIONS

Article 27
When this government regulation comes into force, all laws related to the control over
marine contamination and/or damage already in existence shall be remain effective
as far as they do not contradict this government regulation and have not been
replaced on the basis of this Government Regulation

Article 28
This Government Regulation shall take effect as from the date promulgation.
For public recognize, this Government Regulation shall be promulgated by publishing
it in the State Gazette of The Republic of Indonesia

Stipulated in: Jakarta

On: February 27, 1999
The President Of Republic of Indonesia

signed

Bacharuddin Jusuf Habibie

Promulgated in: Jakarta

On: February 27, 1999
The State Minister for Secretary

signed

Akbar Tandjung

STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 32 YEAR 1999

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 CLARIFICATION OF GOVERNMENT REGULATION
NUMBER 19 YEAR 1999
REGARDING
CONTROL OVER MARINE CONTAMINATION AND/OR DEGRADATION

GENERAL
Most of the territory of the Republic of Indonesia constitutes strategically located
seawaters. Apart from being utilized as a means for local and international sea
transportation. Indonesia’s seawaters also possess very rich and important marine
resources, among others fishery resources, coral reefs, overflowed fields and
mangroves, while coastal areas can be utilized as attractive tourist objects. the sea also
plays an important role to the lives of living creatures like humans beings, and also
the fish and other marine vegetation’s and biota. This shows that the marine sector is
endowed with great potencies to help bolster development at present and in future.
Therefore, it is very necessary to protect the sea, which constitutes one of natural
resources. This means that the sea must be utilized wisely with account being taken of
the interest of the present and future generations. In order that the sea can be
sustainable useful at equality level desired, the control over contamination and/or
damage constitutes part of the activities to manage the environment.
1. What is meant by marine contamination is that the entry or inclusion of living
creatures, substances and./or other component into the marine environment
because of human activities so that the quality of the sea drops to a certain level
of that the marine environment no longer conforms to the quality standard
and/or its function. This means that it is necessary to stipulate the quality of
seawater, which serves as a yardstick to determine whether or not marine
contamination’s has been brought about. It addition, it is also useful to
determine the quality status of the sea because the extent of marine
contamination is closely linked with the quality status of the sea itself.
2. Sea and damaging shall be an act causing direct and/or indirect changes in the
physical and/or biological nature of the sea in excess of the standard criteria for
marine damage. This meant that it is necessary too stipulate standard criteria for
marine damage serving as a yardstick to determine the extent of marine
damage. Besides, the criteria are also useful for the determination of the quality
status of the sea because of the close link between the extent of marine damage
and the quality status of the sea itself.
3. Law No. 23/1997 on environmental management stipulates that the goals of
environmental management are the achievement of compatibility, harmony and
balance between man and the environment with account being taken of the
present and future generation while the utilization of resources shall be put
wisely under control. Control over marine contamination and/or damage refers
to these goals so that the pattern of activities shall be well concerted and
harmonious with account being taken of the rights and obligation of the
community and their role.

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Law No. 23/1997 on Environmental management also mentions the right of over
community member over a good and healthy environmental followed by the
obligation to take care of and conserve the function of the environment so that
everybody shall play a clear role regarding their rights and obligations in efforts to
control marine contamination and/or damage.
This government regulation is also closely linked with the enforcement of
government regulations on the analysis on environmental impacts, the control over
water contamination, the management of the waste of hazardous and toxic substances
and the delegation to the regions of some the matters pertaining at the control over
environmental impacts.
4. The control over contamination and/or damage constitutes encompassing:
a. inventory or marine quality, undertaken with account being taken of
various exiting criteria in the control over marine contamination and/or
damage;
b. the stipulation of the quality standards of sea water and the standard
criteria for marine damage used as the main yardstick in controlling
marine contamination and/or damage;
c. monitoring of the quality of sea water and measurement of the extent of
marine damage followed by the collection of the results of monitoring
conducted by other government agencies, evaluation and analysis of the
results obtained as well as the drawing up of reports;
d. the stipulation of the status of the quality of the sea in a particular area;
e. planning and implementation of control policies to maintain the quality of
the sea so that it shall remain good to improve the quality of contaminated
or damaged sea;
f. control over the arrangement of regulations on the control over marine
contamination and/or damage, including the arrangement of the qualities
of the waste dumped into the sea and/or the arrangement of the standard
criteria for marine damage and the measures to be taken, restoration and
law enforcement.

ARTICLE BY ARTICLE

Article 1
Point 1
Relevant elements shall be all objects, force, circumstances and living creatures found
in the sea.

Point 2
Self-explanatory.

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Point 3
Self-explanatory.

Point 4
Self-explanatory.

Point 5
Self-explanatory.

Point 6
Self-explanatory.

Point 7
Self-explanatory.

Point 8
Referred to as the marine quality remaining good shall be that the marine quality is
the same under the threshold of the quality standards of seawater or the criteria for
marine damage.

Point 9
Self-explanatory.

Point 10
Self-explanatory.

Point 11
Self-explanatory.

Point 12
Self-explanatory.

Point 13
Self-explanatory.

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Point 14
Self-explanatory.

Point 15
Self-explanatory.

Point 16
Self-explanatory.

Article 2
Self-explanatory.

Article 3
Self-explanatory.

Article 4
The quality standards of sea water are determined on the basis f their designation, for
example: the quality standards of sea water for tourism and recreation (bathing,
swimming and diving); the quality standards or sea water for the conservation of
biological natural resources and their ecosystem. As for the standards criteria for
marine damage they shall be stipulated on the basis of the physical condition of
marine ecosystem, namely among other things: coral reefs, mangroves and
overflowed fields.

Article 5
Paragraph (1)
Self-explanatory.

Paragraph (2)
Self-explanatory.

Paragraph (3)
Self-explanatory.

Articles 6
Self-explanatory.

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 Articles 7
Paragraph (1)
Referred to as meeting the quality standard of sea water shall be that the parameter
value or parameter content of the sea water being measured is within the threshold or
conforms to the provision on the quality standards of sea water stipulated by the
Minister.

Paragraph (2)
Referred to as not meeting the quality standard of sea water shall be that the
parameter value or parameter content of the sea water being measured is not within
the threshold or does not conform to the provision on the standard quality of sea
water stipulated the Minister.

Articles 8
Paragraph (1)
Referred to as marine environment meeting the standard quality of marine damage
shall be that the physical condition of the marine environment referred to is, among
others, in the following conditions:
“Good” up to “ very good” in the case of coral reefs;
“Fair” up to “very solid” in the case of mangroves;
“Rich” up to “very rich” in the case of overflowed fields.

Paragraph (2)
Referred to as marine environment meeting the standard quality of marine damage
shall be that the physical condition of the marine environment referred to is, to among
others, in the following conditions:
“ Fair” up to “Not fair“ in the case of coral reefs:
“Rarely“ up to “Very rarely“ in the case of mangroves
“ Fairly poor” up to “poor” in the case of overflowed fields.

Articles 9
Self-explanatory.

Articles 10
Paragraph (1)
Self-explanatory.

Paragraph (2)
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Self-explanatory.

Articles 11
Self-explanatory.

Articles 12
The solid waste referred to shall include garbage.
Referred to as routine operational losses in the sea shall be among others: vessels, off-
shore activities and fisheries.

Articles 13
Self-explanatory.

Article 14
Paragraph (1)
The obligation to undertake the said prevention shall constitute an effort to lessen the
likelihood of the presence of risks to every marine ecosystem in the form damage.

Paragraph (2)
Self-explanatory.

Article 15
Paragraph (1)
Self-explanatory.

Paragraph (2)
Self-explanatory.

Article 16
Paragraph (1)
Self-explanatory.

Paragraph (2)
Self-explanatory

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 Article 17
Paragraph (1)
Referred to as an emergency shall be a condition requiring immediate handling so
that the normal procedure may be set aside.
Referred to as an object shall be an object and/or material and/or substances and/or
waste.

Paragraph (2)
Referred to as an authorized official shall be among others the Minister of
Communications, the Minister of Mines and Energy or the Minister of Forestry and
Estates.

Paragraph (3)
Self-explanatory.

Paragraph (4)
Self-explanatory.

Paragraph (5)
Self-explanatory.

Article 18
Paragraph (1)
Self-explanatory.

Paragraph (2)
In the framework of stipulating the dumping procedure, the Minister shall be
obligated to establish coordination with relevant government agencies.

Article 19
Paragraph (1)
Self-explanatory.

Paragraph (2)
In the event of stipulating an authorized official from another government agency to
undertake supervision, the Minister shall establish coordination with the
management of the government agency concerned.
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 Article 20
Paragraph (1)
Self-explanatory.

Paragraph (2)
Self-explanatory.

Paragraph (3)
Referred to as observing the situation and condition of the site of supervision shall be
respecting the prevailing values and norms, both written and otherwise.

Article 21
Self-explanatory.

Article 22
Paragraph (1)
Reports submitted on the activities of controlling marine contamination and/or
damage shall contain among other things the results of monitoring of the quality and
the quantity of the waste dumped into the sea, the performance of liquid waste
processing installation, the extent of sand or stone quarrying already undertaken and
efforts to minimize the impacts, and coastal reclamation.

Paragraph (2)
Self-explanatory.

Article 23
Paragraph (1)
Self-explanatory.

Paragraph (2)
Self-explanatory.

Article 24
Paragraph (1)
Self-explanatory.

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Paragraph (2)
Self-explanatory.

Article 25
Self-explanatory.

Article 26
Self-explanatory.

Article 27
Self-explanatory.

Article 28
Self-explanatory.

SUPPLEMENT TO STATE GAZETTE OF THE REPUBLIC OF INDONESIA

NUMBER 3816

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