Undang-Undang No.23 Tahun 2007
LAW OF THE REPUBLIC OF INDONESIA NUMBER 23 YEAR 2007 ON RAILWAYS WITH THE BLESSING OF THE ALMIGHTY GOD PRESIDENT OF THE REPUBLIC OF INDONESIA Considering :
a. that transportation has role important in supporting economic growth, regional development and uniting the regions in the Unitary State of the Republic of Indonesia in order to materialize archipelagic concept, strengthen the national resilience to achieve the national objectives based on Pancasila and 1945 Constitution of the Unitary State of the Republic of Indonesia;
b. that railway as one of transportation modes in the national transportation
system
that
has
mass
transportation
characteristics and unique advantages, cannot be separated from other transportation modes, therefore it is necessary to develop its potentials and to enhance its role in connecting the regions
both
nationally
and
internationally,
to
support,
encourage, and mobilize the national development to enhance the people's welfare; c.
that the Law Number 13 Year
1992 on Railway does no longer fit as legal foundation for development and operation of railway, development of people's life, development of era, science and technology therefore it needs to be amended:
c. that based on the considerations in letters a, b, and c, it is necessary to enact Law on Railway; In view of :
Article 5 paragraph (1) and Article 20 paragraph (1) of the 1945 Constitution of the Unitary State of the Republic of Indonesia; With the Joint Approval of
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THE HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA and THE PRESIDENT OF REPUBLIC OF INDONESIA HEREBY DECIDED: To enact
:
LAW ON RAILWAY. CHAPTER I GENERAL PROVISIONS Article 1
In this Law
:
1. Railway refers to an integrated system consisting of train facilities, infrastructures, human resources, norms, criteria, requirements and procedures, for operation of train transportation;
2. Train refers to facilities of train with kinetic energy, either automatically or connected to other train facilities, to move or being moving on rails associated with train trips;
3. Railway infrastructures refer to railway lines and train stations, including train operational facilities, so that tram facilities can be operated;
4. Railway lines refer to spaces comprising benefit spaces for railway lines, spaces belonging to railway lines, and control room for railway lines including upper and lower parts allocated for train traffic,
5. Railway line network refers to all railway lines connected one to another which connect various locations hence constituting one system,
6. Special railway lines refer to the railway lines especially used by a certain legal entity to support its main activities;
7. Rails refer to an integrated construction made from steel, concrete or other constructions located on the surface, below and above the ground or suspended, complete with the accessories thereof directing the movement of trains;
8. Train operational facilities refer to all facilities required to operate trains;
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9. Train facilities refer to any vehicle which can move on rails; 10. Legal entity refers to State-owned Enterprise, Regional Government-owned Enterprises and/or Indonesian legal entity specially established for that purpose;
11. Train supporting facilities refer to all stuffs supporting the operation of train transportation which can provide facilities and comfort to users of train services;
12. Service users refer to any individual and/or legal entity using train transportation services either for the transport of people or goods;
13. Train traffic refers to the movement of train facilities on rails; 14. Train transportation refers to any transfer of people and/or goods from a location to another location using train;
15. Train crew refers to those assigned on a train by transporter during the train trip, 16. Operator refers to the Government, regional government, and/or legal entity operating the railway infrastructures;
17. Transporter refers to legal entity managing general train facilities; 18. Central Government hereinafter referred to as the Government refers to President of Republic of Indonesia holding the state administration power of the Republic of Indonesia as referred to in the 1945 Constitution;
19. Regional government refers to Governor, Regent, or Mayor, and regional apparatus as element of the regional government,
20. Minister refers to the Minister in charge of managing the Railway sector
CHAPTER II
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PRINCIPLES AND OBJECTIVES Article 2 Railway as an integral part of the national transportation system is managed on the basis of:
a. benefit principle; b. justice principle; c. balance principle; d. public interest principle; e. integrity principle; f. independence principle; g. transparency principle; h. accountability principle; and i. sustainability principle. Article 3 Railway is managed aimed at smoothing the transfer of people and/or goods en mass safely, securely, comfortably, fast, accurately, orderly, efficient, and supporting equitable distribution, growth, stability, booster and motor of national development.
CHAPTER III RAILWAY ARRANGEMENT Article 4 (1) Railway consists of: a. general railway; and b.
special railway.
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(2) General railway as referred to in paragraph (1) letter a comprises: a.
inter city railway, and
b. city railway. (3) Special railway as referred to in paragraph (1) letter b to support main activities of
certain legal entity. Article 5 (1)
For the purpose of arrangement, general railway as referred to in Article 4 paragraph (1) letter a is grouped into:
(2)
a.
National railway;
b.
provincial railway; and
c.
regent/city railway.
General railway arrangement as referred to in paragraph (1) must be mutually integrated one to another, and integrated with other transportation modes in order to achieve the railway objectives as referred to in Article 3.
(3)
In order to materialize the railway arrangement as referred to in paragraph (2) railway master plan shall be stipulated.
(4)
Railway master plan as referred to in paragraph (3) consists of: a. national railway master plan; b. provincial railway master plan; and c. regent/city railway master plan. Article 6
(1)
National railway master plan as referred to in Article 5 paragraph (4) letter a, shall be drafted by taking into account the national spatial planning and general plan of other transportation mode network.
(2)
National railway master plan as referred to in paragraph (1) shall be drafted by taking into account the needs of transportation at national level.
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(3)
National railway master plan as referred to in paragraph (1) shall contain at least a.
direction and policies of the role of railway at national scale in the entire transportation modes;
b.
estimated movement of people and/or goods according to origin and destination of trip at national scale,
c.
planned needs of national railway lines,
d. planned locations and needs of stations, e. planned needs of national train operational facilities; f.
planned needs of facilities; and
g. planned needs of human resources. Article 7 (1)
Provincial railway master plan as referred to in Article 5 paragraph (4) letter b shall be drafted by taking into account the needs of transportation, space of activities, and transportation nodes at provincial level.
(2)
Provincial railway master plan as referred to in paragraph (1) shall take into account: a. national spatial planning; b. national railway master plan; and c. provincial spatial planning.
(3)
Provincial railway master plan as referred to in paragraph (2) shall contain: a.
estimated transfer of people and/or goods according to origin and destination trip at provincial level;
b.
direction and policies of role of railway at provincial level in the entire transportation modes;
c. planned location and needs of nodes at provincial level; and d. planned needs of provincial railway infrastructures.
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Article 8 (1)
Regent/city railway master plan as referred to in Article 5 paragraph (4) letter c shall be drafted by taking into account the needs of transportation, space of activities, and transportation nodes at regent/city level
(2)
Regent/city railway master plan as referred to in paragraph (1) shall take into account: a. national spatial planning, b. national railway master plan, c. provincial spatial planning; d. provincial railway master plan, and e. regent/city spatial planning.
(3)
Regent/city railway master plan as referred to in paragraph (2) shall contain: a.
estimated transfer of people and/or goods according to origin and destination of trip at regent/city level;
b.
direction and policies of role of railway at regent/city level in the entire transportation modes;
c.
planned location and needs of nodes at regent/city level; and
d.
planned needs of regent/city railway infrastructures. Article 9
Railway master plan as referred to in Article 5 paragraph (4) shall be stipulated by: a. Government for national railway master plan; b. Provincial Government for provincial railway master plan; c. Regent/City Government for regent/city railway master plan. Article 10 Further provisions concerning preparation and approval of railway master plan shall be governed in Government regulation.
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CHAPTER IV DEVELOPMENT Article 11 (1)
Railway is controlled by the State.
(2)
Control right as referred to in paragraph (1) shall authorize the Government to develop railway.
(3)
Development of railway as referred to in paragraph (2) comprises, a.
regulation,
b.
control; and
c.
supervision. Article 12
(1)
Development carried out by the Government comprises: a.
Determining targets and directions of railway system development policies, both nationally and locally, the network of which goes across one province;
b.
determining nationally applicable requirements, norms, guidelines, standards, criteria and procedures railway operation;
c.
pursuing materialization of national railway system development;
d.
determining competency of Official serving a function in railway sector, giving directions, guidance, training, and technical supports to the regional government and community; and
e.
supervising implementation of norms, requirements, guidelines, standards, criteria and procedures carried out by regional government and community and supervision of materialization of national railway system development.
(2)
Development carried out by the Provincial Government comprises:' a.
determining targets and directions of railway system development policies at the provincia and regent / city level the network of which across the regent / city area;
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b.
giving directions, guidance, training and technical supports to the regency/city, users and providers of service; and
c. (3)
supervising railway at the provincial level.
Development carried out by the Regent/City Government comprises: a.
determining targets and directions of railway system development policies at the regent/city level the network of which is in the regent/city region;
b.
giving directions, guidance, training and technical supports to the users and providers of service; and
c. (4)
supervising railway at the regent/city level.
Further provisions concerning development of railway as referred to in paragraphs (1), (2), and (3) shall be governed in the Government Regulation.
CHAPTER V OPERATION Article 13 (1)
General railway operation as referred to in Article 4 paragraph (1) letter a may comprise:
(2)
a.
operation of infrastructures;
b.
operation of facilities; or
c.
operation of infrastructures and facilities.
Operation of special railway as referred to in Article 4 paragraph (1) letter b shall comprise operation of infrastructures and facilities. Article 14
(1)
General railway infrastructures operation as referred to in Article 13 paragraph (1) letter a comprises the following activities: a.
procurement of infrastructures;
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(2)
b.
operation of infrastructures;
c.
maintenance of infrastructures; and
d.
management of infrastructures.
Operation of infrastructures as referred to in paragraph (1) can be earned out by the Government, regional government or legal entity severally or through cooperation. Article 15
(1)
Procurement of railway infrastructures as referred to in Article 14 paragraph (1) letter a, shall meet:
(2)
a.
provision on railway master plan,
b.
technical requirements for infrastructures stipulated by the Government.
Further provisions concerning procedures for procurement of railway infrastructures as referred to in paragraph (1) shall be governed in Government Regulation Article 16
Operation of general railway infrastructures as referred to in Article 14 paragraph (1) letter b shall be carried out after fulfilling the operation worthiness requirements stipulated by the Government. Article 17 (1)
Management of general railway infrastructures as referred to in Article 14 paragraph (1) letter d not carried out by railway infrastructures legal entity shall be handled by the Government or Provincial Government or Regent/City Government.
(2)
Further provisions concerning management of general railway infrastructures as referred to in paragraph (1) shall be governed in Government Regulation. Article 18
(1)
Maintenance of railway infrastructures as referred to in Article 14 paragraph (1) letter C must fulfill the requirements of maintenance stipulated by the Government
(2)
Maintenance as referred to in paragraph (2) must be carried out by manpower fulfilling the requirements and qualification stipulated by the Government.
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Article 19 Operation of general train facilities shall be earned out after fulfilling the operation worthiness requirements stipulated by the Government. Article 20 (1)
Management of public train facilities shall be carried out by Train Facilities Legal Entity referred to as the transporter.
(2)
Public train facilities not managed by Train Facilities Legal Entity shall be managed by the Government or Provincial Government or Regent/City Government.
(3)
Further provisions concerning management of public train facilities as referred to in paragraph (1) shall be governed in Government Regulation Article 21
(1)
To operate special railway as referred to in Article 4 paragraph (1) letter b, special railway operator shall have:
(2)
a.
procurement permit; and
b.
operation permit.
Permits as referred to in paragraph (1) shall be given by: a.
Government for the operation of special railway whose route network across a provincial region;
b.
Provincial Government for the operation of special railway whose route network across a regent/city region in a province;
c.
Regent/City Government for the operation of special railway whose route network is in a regency/city.
(3)
In addition to fulfilling the obligations as referred to in paragraph (1), operation of special railway shall meet the technical requirements of special railway stipulated by the Government.
(4)
Further provisions concerning permits as referred to in paragraphs^ 1) and (2) and technical requirements as referred to in paragraph (3) shall be governed in Government Regulation.
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CHAPTER VI RAILWAY INFRASTRUCTURES Part One General Article 22 (1)
Railway infrastructures comprise: a.
railway lines;
b.
train stations, and
c.
train operational facilities.
(2)
Railway lines as referred to in paragraph (1) letter a, are provided for train traffic.
(3)
Train stations as referred to in paragraph (1) letter b, are the locations on which trains depart or stop to serve passengers who get in and off and/or to load/unload goods and/or for tram operational purposes
(4)
Train operational facilities as referred to in paragraph (1) letter c constitute equipment for train trip operation. Part Two Railway Lines Article 23
Railway lines as referred to in Article 22 paragraph (1) letter a comprise: a.
benefit space for railway lines ;
b.
space belonging to railway lines; and
c.
control room for railway lines. Article 24
(1)
Benefit space for railway lines as referred to in Article 23 letter a comprises rails and
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plots of land on the left and right of rails with space on the left, right, above and below used for the construction of rails and placement of train operational facilities and other supporting building. (2)
Rails as referred to in paragraph (1) can be located : a.
on the ground surface;
b.
below the ground surface; and
c.
above the ground surface. Article 25
(1)
Ground located in the benefit space for railway lines as referred to in Article 24 paragraph (1) shall receive the status of right upon land in accordance with the law and regulation.
(2)
.
Benefit space for railway lines shall be provided for tram operation, and constitutes an area closed to public. Article 26
(1)
Boundaries of benefit space for railway lines for rails on the ground surface as referred to in Article 24 paragraph (2) letter a shall be measured from the outermost side of rails and plot of land on its left and right sides used for the construction of rails including plot of land for placement of train operational facilities and other supporting buildings.
(2)
Boundaries of benefit space for railway lines for rails on the ground surface entering tunnel shall be measured from the outermost side of tunnel construction.
(3)
Boundaries of benefit space for railway lines for rails on the ground surface located on the bridge shall be measured from the outermost side of the bridge construction. Article 27
Boundaries of benefit space for railway lines for rails below the ground surface as referred to in Article 24 paragraph (2) letter shall be measured from the outermost side of the rails building construction below the ground surface including train operational facilities.
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Boundaries of benefit space for railway lines for rails above ground surface as referred to in Article 24 paragraph (2) letter c shall be measured from outermost side of the rails construction and/or outermost side used for train operational facilities. . Article 29 (1)
Space belonging to railway lines as referred to in Article 23 letter b consists of benefit space for railway lines and plot of land or other plot on the left and right sides used for security of rails construction.
(2)
Ground located in the space belonging to railway lines as referred to in paragraph (1) shall receive the status of right upon land in accordance with the law and regulation.
(3)
As long as not endangering rails construction, train operational facilities or water channels or other supporting buildings, in the space belonging to railway lines outside the benefit space for railway lines can be used for other purposes with the permit from routes owner.
(4)
Further provisions concerning permit as referred to in paragraph (3) shall be governed in Government Regulation Article 30
(1)
Boundaries of space belonging to railway lines for rails located on the ground surface as referred to in Article 24 paragraph (2) letter a shall be measured from outermost boundary of the left and right sides of benefit space for railway lines.
(2)
Boundaries of space belonging to railway lines for rails located below ground surface as referred to in Article 24 paragraph (2) letter b shall be measured from outermost boundary of the left and right sides and lower and above parts of benefit space for railway lines.
(3)
Boundaries of space belonging to railway lines for rails located above ground surface as referred to in Article 24 paragraph (2) letter c shall be measured from outermost boundary of the left and right sides of benefit space for railway lines.
(4)
Further provisions concerning boundaries of space belonging to lines shall be governed in Government Regulation.
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Article 31 (1)
Control room for railway lines as referred to in Article 23 letter c consists of space belonging to railway lines and plot of land or other plot on the left and right sides for security of and smooth tram operation.
(2)
Ground in the control room for railway lines can be used for activities other than those as referred to in paragraph (1) provided not endangering train operation. Article 32
(1)
Boundaries of control room for railway lines for rails located on the ground surface as referred to in Article 24 paragraph (2) letter a shall be measured from the outermost boundary of the left and right sides of area belonging to the rails.
(2)
Further provisions concerning boundaries of control room of lines shall be governed in Government Regulation. Article 33
(1)
Owner of railway infrastructures shall place boundary signs in the benefit area of railway lines.
(2)
Further provisions concerning boundary signs or poles as referred to in paragraph (1) shall be governed in Government Regulation. Article 34
No person shall be allowed to construct any building, build walls, fence, embankment and other constructions, to plant trees and place goods in the railway lines which may either disturb visibility or endanger the safety of train trip. Article 35 No person shall be allowed to commit any act which can, either directly or indirectly, any displacement of land in the railway lines hence disturbing or endangering train trip. Article 36 (1)
For the purpose of operation and maintenance, general railway lines are grouped into several classes.
(2)
Class grouping of general railway lines as referred to in paragraph (1) shall be based on:
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(3)
a.
maximum allowable speed;
b.
maximum allowable axle load; and
c.
train traffic frequency.
Further provisions concerning classes of railway lines as referred to in paragraph (2) shall be governed in Government Regulation. Article 37
(1)
General railway lines belonging to Government, regional government and legal entity can be mutually connected, overlapping or separated.
(2)
Railway lines as referred to in paragraph (1) operated by other party shall obtain permit from routes owner
(3)
Several transporters may be served in a general railway line.
(4)
Further provisions as referred to in paragraphs (1), (2), and (3) shall be governed in Government Regulation Article 38
(1)
General railway lines as referred to in Article 37 are integrated into a network of railway lines.
(2)
Network of railway lines as referred to in paragraph (1) consists of: a.
national railway lines network stipulated in the national railway master plan;
b.
provincial railway lines network stipulated in the provincial railway master plan; and
c. (3)
regent/city railway lines network stipulated in regent/city railway master plan.
Further provisions concerning railway lines network shall be governed in Government Regulation. Article 39
(1)
Special railway lines whose network passes more than one province shall be stipulated by the Government.
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(2)
Special railway lines whose network passes more than 1 (one) regent/city in the province stipulated by the Provincial Government.
(3)
Special railway lines whose network is in the regent/city shall be stipulated by the Regent/City Government.
(4)
Special railway lines can be connected to general network of railway lines.
(5)
Further provisions concerning connection as referred to in paragraph (4) shall be governed in Government Regulation. Part Three Train Stations Article 40
(1)
Train stations for passengers to get in or off as referred to in Article 22 paragraph (3) shall be provided at least with the facilities for:
(2)
a.
safety;
b
security;
c
comfort;
d.
passengers to get in and off, and
e.
people with disability.
Train stations for unloading and loading of goods as referred to in Article 22 paragraph (3) shall be provided at least with the facilities for:
(3)
a.
safely;
b.
security; and
c.
loading and unloading of goods.
Train stations for the train operation as referred to in Article 22 paragraph (3) must be equipped with safety and support facilities for train operation.
(4)
Further provisions concerning facilities for train stations shall be governed in Government Regulation.
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Article 41 (1)
As long as not disturbing the function of train stations as referred to in Article 22 paragraph (3), the train stations may have business activities supporting the train transportation.
(2)
Further provisions concerning supporting business activities shall be governed in Government Regulation. Article 42
(1)
For operational purposes, train stations are grouped into several classes.
(2)
Class grouping of train stations as referred to in paragraph (1) shall be based on:
(3)
a.
available facilities;
b.
train traffic frequency;
c.
number of passengers and/or goods served.
Further provisions concerning classes of train stations as referred to in paragraph (2) shall be governed in Government Regulation. Article 43
(1)
Station service tariff may be imposed for any use of service facilities in the stations.
(2)
Services in the stations as referred to in paragraph (1) may comprise
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(3)
a.
waiting room for passengers;
b.
loading and unloading of goods and warehousing;
c.
vehicle parking
d.
storage of goods (locker).
Further provisions concerning tariff of station service and services in the stations as referred to in paragraphs (1) and (2) shall be governed in Government Regulation. Part Four Train Operational Facilities Article 44
Train operational facilities as referred to in Article 22 paragraph (1) letter c comprise: a.
signaling equipment,
b.
telecommunication equipment;
c.
electricity installation. Article 45
(1)
(2)
Signaling equipment as referred to in Article 44 letter a serves as: a.
guide;
b.
controller.
Signaling equipment as referred to in paragraph (1) consists of: a.
signals, namely tools / devices used for giving instructions for regulation pf train trips with display and / or color;
b.
signs, i.e. gestures functioning or giving warning or guide to the officials controlling movement of train facilities,
c. (3)
markings, functioning of indicating certain condition of a location.
Signaling equipment as referred to in paragraph (!) letter b function to control signal equipment.
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Article 46 Telecommunication equipment as referred to in Article 44 letter b serves to submit information and/or communication for train operation. Article 47 Telecommunication frequency for train operation as referred to in Article 46 shall be used in accordance with provisions set forth in law and regulation in the telecommunication sector. Article 48 (1)
(2)
(3)
Electricity installation as referred to in Article 44 letter c consists of: a.
power supply;
b.
transmission equipment.
Electricity installation as referred to in paragraph (1) shall be used for: a.
driving electricity-powered train; and/or
b.
functioning electricity signaling equipment,
c.
functioning telecommunication equipment.
d.
Functioning other supporting facilities. Use of electricity installation as referred to in paragraph (2) must meet the
provisions set forth in electricity law and regulation. Part Five Procurement of Land for Development of Railway Infrastructures Article 49 (1)
Procurement of land for development of general railway infrastructures shall be carried out based on railway master plan.
(2)
Development of railway infrastructures as referred to in paragraph (1) shall be socialized to the community, particularly whose land is required for development of railway infrastructures;
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(3)
Holder of right upon land, or user of land belonging to the state, or community with traditional law, whose land is required for development of railway infrastructures, shall be entitled to receive compensation,
(4)
Granting of compensation for the procurement of land as referred to in paragraphs (1) and (3) shall be carried out based on agreement in accordance with the land law and regulation. Article 50
(1)
If no agreement is reached and location of development cannot be removed, the right upon land shall be revoked in accordance with the land law and regulation.
(2)
Construction of railway infrastructures can be started on the plot of land for which compensation has been given or upon which the right has been revoked. Article 51
To guarantee legal certainty, land that has been controlled by the Government in order to develop railway infrastructures shall be registered to issue the right upon land certificate in accordance with the provisions set forth in the land law and regulation. Part Six Worthiness of Railway Infrastructures Article52 (1)
Railway infrastructures as referred to in Article 22 that have been operated shall meet the applicable worthiness requirements for each type of railway infrastructure.
(2)
Further provisions concerning worthiness requirements shall be governed in Government Regulation. Article 53
(1)
Inspection and test shall be carried out for every railway infrastructure.
(2)
Inspection of infrastructures as referred to in paragraph (1) shall be earned out by legal entity operating the infrastructures.
(3)
Test of infrastructures as referred to in paragraph (1) shall be earned out by the Government
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Article 54 (1)
(2)
Test of railway infrastructures as referred to in Article 53 consists of. a.
first test,
b.
periodical test.
First test as referred to in paragraph (1) letter a, shall be provided for new railway infrastructures and/or railway infrastructures that have experienced changes in technical specification.
(3)
(4)
First test as referred to in paragraph (1) letter a, shall be carried out for a.
design of infrastructures;
b.
function of infrastructures.
Periodical test as referred to in paragraph (1) letter b, shall be carried out for the railway infrastructures that have been operated.
(5)
Periodical test as referred to in paragraph (4) shall be carried out by the Government and can be transferred to the legal entity or institution that has been accredited by the Government.
(6)
Periodical test as referred to in paragraph (3) shall be carried out to the function of infrastructures.
(7)
Railway infrastructure declared to have passed the first test and periodical test shall receive a certificate by the Government.
(8)
First test certificate as referred to in paragraph (1) takes effect forever unless it experiences changes in technical specification.
(9)
Further provisions concerning time, requirements and first test procedure, periodical test and granting of certificate shall be governed in Government Regulation Article 55
(1)
Test of railway infrastructures as referred to in Article 53 shall be carried out by a tester that has qualification of certain expertise and receives certificate from the
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Minister in charge of railway.
(2)
Further provisions concerning qualification of expertise as referred to in paragraph (1) shall be governed in Government Regulation. Article 56
(1)
Tester of railway infrastructures as referred to in Article 55 paragraph (1) in testing the railway infrastructures which do not meet the procedure test and use of test equipment shall be liable to an administrative sanction.
(2)
Further provisions concerning administrative sanction shall be governed in Government Regulation. Article 57
(1)
Operation of train infrastructures shall be carried out by workers who have met the qualification of expertise proven with certificate of competency in operating train infrastructures given by the Government.
(2)
Certificate of competency in operating train infrastructures as referred to in paragraph (1) shall be given after completing education and/or training.
(3)
Education and/or training as referred to in paragraph (2) can be transferred to the legal entity or other institution appointed by the Government.
(4)
Further provisions concerning requirements of expertise and procedure of obtaining qualification as referred to in paragraph (1) shall be governed in Government Regulation. Article 58
No person shall be allowed to commit any act causing damage and/or not functioning of railway infrastructures. Article 59 (1)
Non one shall be allowed; a b.
To be in the benefit space for railway lines, To drag, mobilize, remove goods on or cross railway lines;
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c.
To use railway lines for other interests, in addition to for train transportation,
d.
To be outside the location provided for transportation of passengers and/or goods;
e. (2)
To disturb public order and/or service
Infrastructures legal entity shall place prohibition marks in the locations as referred to in paragraph (1) clearly and completely.
(3)
Prohibitions as referred to in paragraph (1) shall not apply to official carrying out tasks in the railway sector provided with letter of assignment from the corresponding legal entity. Part Seven Maintenance of Infrastructures Article 60
(1)
Owner of railway infrastructures shall maintain railway infrastructures so that they are operable.
(2)
Maintenance of railway infrastructures as referred to in paragraph (1) must meet the maintenance requirements stipulated by the Government.
(3)
Maintenance as referred to in paragraph (2) must be carried out by workers who meet the requirements and qualification stipulated by the Government..
(4)
Further provisions concerning maintenance shall be governed in Government Regulation.
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CHAPTER VII CROSSING AND/OR OVERLAP OF RAILWAY LINES WITH OTHER BUILDINGS Part One Crossing and/or Overlap Article 61 (1)
Crossing between railway lines and roads called crossing shall be build with the principle on not in the same section.
(2)
Exception-to the principle as referred to in paragraph (1) is possible by taking into account the safe and smooth conditions, of train trips and road traffic and technology
(3)
Further provisions concerning crossing and exception as referred to in paragraphs (1) and (2) shall be governed in Government Regulation. Article 62
(1)
Construction of roads, special railway lines, tunnels, water channels and/or other infrastructures causing or requiring connection, crossing and/or overlap of railway lines, shall be carried out by the method which does not endanger the safety of train trips.
(2)
Construction, operation, and maintenance of crossing shall be under the responsibility of the builder of crossing.
(3)
Further provisions concerning construction as referred to in paragraph (1) shall be governed in Government Regulation. Article 63
(1)
For the safety of train trip and user of roads, crossing in the same section without permit and without responsible body must be closed.
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(2)
Closing of crossing as referred to in paragraph (1) shall be carried out by Owner and/or Regional Government.
(3)
Further provisions concerning closing of crossing as referred to in paragraph (2) shall be governed in Government Regulation. Part Two Construction of Crossing and Overlap Article 64
(1)
Construction of roads, special railway lines, tunnels, water channels and/or other infrastructures, causing or requiring connection, crossing or overlap with' railway lines can be carried out after obtaining the permit.
(2)
Permit of crossing or overlap as referred to in paragraph (1) shall be used for public interests such as roads, telecommunication cable, electricity lines, water channels by prioritizing the safety of tram trips.
(3)
Further provisions concerning stipulation, requirements and procedure of permits as referred to in paragraphs (1) and (2) shall be governed in Government Regulation Article 65
Legal entity or government institution constructing crossing and/or overlap shall be responsible for 1he construction, maintenance and operation of crossing and/or contact.
CHAPTER VIII TRAIN FACILITIES Part One Technical Requirements and Operation Worthiness Train Facilities Article 66 (1)
Train facilities by type consist of: a.
locomotive;
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(2)
b.
train;
c.
car; and
d.
facilities for special purposes.
Each train facility as referred to in paragraph (1) operated on rails shall meet the technical requirements and operation worthiness applicable for each type of train facility,
(3)
Further provisions concerning technical requirements and operation worthiness shall be further governed with Government Regulation Part Two Inspection and Testing Article 67
In order to meet the technical requirements and operation worthiness of tram facilities as referred to in Article 66 paragraph (2), inspection and testing shall be carried out to any train facility Article 68 (1)
Inspection of train facilities as referred to in Article 67 shall be carried out to any facility to be operated.
(2)
Inspection as referred to in paragraph (1) shall be carried out one by one for each train facility and entirely in a set of train.
(3)
Inspection as referred to in paragraph (2) shall be carried out by Transporter. Article 69
(1)
(2)
Test of train facilities as referred to in Article 67 consists of: a.
first test; and
b.
periodical test.
First test as referred to in paragraph (1) letter a shall be obligated for any new train facility and/or any train facility the technical specification and/or form of which has been modified.
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(3)
Periodical test as referred to in paragraph (1) letter b shall be obligated for every train facility that has been operated.
(4)
First test and periodical test as referred to in paragraph (1) shall be carried out by the Government. Article 70
(1)
(2)
First test as referred to in Article 69 paragraph (1) letter shall be earned out to: a
design of facilities; and
b.
function of facilities
Periodical test as referred to in Article 69 paragraph (I) letter b shall be earned out to the function of facilities.
(3)
Further provisions concerning time, requirements and first test procedure and periodical test procedure as referred to in paragraph (1) shall be governed in Government Regulation. Article 71
(1)
To any train facility that has been declared passing the first test and periodical test shall be given certificate worthiness by the Government.
(2)
First test certificate as referred to in paragraph (1) shall be valid forever unless any change in technical specification and/or form is made.
(3)
Further provisions concerning first test certificate and periodical test as referred to in paragraph (2) shall be governed in Government Regulation Article 72
Government may, in carrying out the test as referred to in Article 71 paragraph (2), transfer it to a legal entity or institution appointed by the Government. Article 73 (1)
Test of train facilities as referred to in Article 69 shall be carried out by tester meeting certain requirements and qualification and obtaining certificate from the
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Government. (2)
Certificate of competency in testing train facilities as referred to in paragraph (1) shall be given after passing education and/or training.
(3)
The education and/or training as referred to in paragraph (2) can be transferred to the appointed legal entity or other institution.
(4)
Further provisions concerning qualification of expertise and procedure of granting of certificate as referred to in paragraph (1) shall be governed in Government Regulation. Article 74
(1)
Tester of train facilities as referred to in Article 73 paragraph (1) in testing tram facilities as referred to in Article 69 who does not meet the procedure of testing and use of test equipment shall be liable to administrative sanction
(2)
Further provisions concerning administrative sanction as referred to in paragraph (1) shall be governed in Government Regulation. Part Three Maintenance of Facilities Article 75
(1)
Owner of tram facilities shall maintain the train facilities so they remain operable
(2)
Maintenance of train facilities as referred to in paragraph (1) must meet the maintenance requirements stipulated by the Government.
(3)
Maintenance of facilities as referred to in paragraph (2) must be carried out by workers meeting the requirements and qualification stipulated by the Government,
(4)
Maintenance of facilities as referred to in paragraph (1) shall be earned out in the State Railways Workshop and/or in the Depot.
(5)
Further provisions concerning maintenance facilities shall be governed in Government Regulation. Part Four
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Crew of Train Facilities Article 76 (1)
Train shall be operated by crew meeting the requirements and qualification of competency proven with certificate of competency given by the Government.
(2)
Certificate of competency of crew of train facilities as referred to in paragraph (!) shall be given after passing education and/or training.
(3)
Education and/or training as referred to in paragraph (2) can be transferred to the legal entity or other institution appointed.
(4)
Further provisions concerning train crew and certificate as referred to in paragraph (1) shall be governed in Government Regulation. Article 77
For the safety of train trip, transporter shall comply with the provisions concerning work time and rest time of train crew in accordance with the provisions of law and regulation CHAPTER IX DESIGN AND ENGINEERING RAILWAY Article 78 (I)
Railway design and engineering shall be provided for railway development
(2)
The railway design and engineering as referred to in paragraph (1) can be carried out by:
(3)
a.
government;
b.
regional government;
c.
legal entity; and
d.
research institution.
Further provisions concerning railway design and engineering as referred to in paragraphs (1) and (2) shall be governed in Government Regulation.
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CHAPTER X TRAIN TRAFFIC Part One Traffic Procedure Article 79 For the safety of train trip, one-way traffic principle shall be used both in single-track and double-track under the following conditions: a.
Only one train is allowed to pass in one block section; and
b.
Right-track principle is used for double-track railway lines. Article 80
(1)
For the safety, smooth, and orderly operation starting from the departure of railway in the first station, crossing, passing over and stopping in the stations, train trip shall be governed on the basis of train trip graph.
(2)
Regulation of train trip as referred to in paragraph (1) shall be earned out by train trip controller meeting the qualification requirements.
(3)
Train trip graph as referred to in paragraph (1) may be modified in the event of changes in: a. b.
railway infrastructures, number of train facilities;
c.
speed of train;
d.
transportation needs; and
e.
force majeure.
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Article 81 (1)
Train facilities can be operated only by train crew receiving instructions from transporter.
(2)
Train crew as referred to in paragraph (1) shall comply with instructions or prohibitions pursuant to the following order: a.
train trip controller;
b.
signal, or
c.
signs. Article 82
In the crossing in the same section between railway lines and road used for general or special traffic, user of road shall prioritize the train trip-Article 83 (1)
(2)
No person shall be allowed to: a.
be on in the roof of train;
b.
be in the locomotive;
c.
enter the cabin train driver / locomotive engineer; or
d.
be in any non passenger train/car.
The prohibitions as referred to in paragraph (1) shall not apply to the tram crew performing his duty and/or any individual obtaining permit from the transporter. Part Two Accident Article 84
For safety, security, and smooth train traffic, every person shall behave orderly by preventing any thing which may hamper, endanger safety or freedom of train traffic or which may cause damage to the infrastructures and/or train facilities and train accident. Article 85 In the event of train accident the parties engaged in train accident shall carry out as follows:
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a.
transporter and operator of infrastructures immediately report to the Minister in charge of railway sector;
b.
the relevant operator of infrastructures shall make announcement to the service users community,
c.
transporter shall remove the passengers, baggage, and delivered goods to other train or other modes of transportation in accordance with the applicable provision for smooth trip;
d.
operator of infrastructures shall instruct all trains passing the corresponding track stop in the nearest stations if possible;
e.
operator of infrastructures shall take measures for pursuing smooth and safe traffic. Article 86
Further provisions concerning train traffic as referred to in Articles 79 through 84 shall be governed in Government Regulation.
CHAPTER XI TRANSPORTATION Part One Railway Service Network Article 87 (1)
Tram transportation shall be carried out in railway service tracks integrated into railway service network.
(2)
Railway service network as referred to in paragraph (1), comprise: a.
inter city railway service network; and
b.
city railway service network.
(3)
Transportation service must meet the service quality requirements.
(4)
Further provisions concerning requirements of service quality as referred to in paragraph (3) shall be governed in Government Regulation.
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Article 88 (1)
Inter city railway service network as referred to in Article 87 paragraph (2) letter a, may comprise services connecting:
(2)
a.
inter city inter state;
b.
inter city going across a province;
c.
inter city going across a regency in a province;
d.
inter city in a regency.
Railway service network as referred to in paragraph (1) letters a and b shall be stipulated by the Government.
(3)
Network services as referred to in paragraph (1) letter c shall be stipulated by the Provincial Government.
(4)
Network services as referred to in paragraph (1) letter d shall be stipulated by the Regent Government. Article 89
(1)
City railway service network as referred to in Article 87 paragraph (2) letter b operating in a city area may:
(2)
a.
go across a Province,
b
go across a Regency / City in a Province;
c
be in a Regency / City
City railway service network as referred to in paragraph (1) letter a shall be stipulated by the Government.
(3)
City railway service network as referred to in paragraph (1) letter b shall be stipulated by the Provincial Government.
(4)
City railway service network as referred to in paragraph (1) letter c shall be stipulated by the Regent/City Government. Article 90
Further provisions concerning railway service network as referred to in Articles 87 through 89 shall
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be governed in Government Regulation.
Part Two Transportation of Passengers by Train Article 91 (1)
Transportation of passengers by train shall be carried out in passenger train.
(2)
In certain conditions, transporter can transport passengers as referred to in paragraph (1) in non passenger car at the approval of the Government or regional government.
(3)
Transport of passengers in non passenger car as referred to in paragraph (2) shall meet the passenger safety requirements and minimum requirements of passenger service facilities.
(4)
Further provisions concerning certain conditions, passenger safety requirements and minimum requirements of passenger service facilities as referred to in paragraphs (2) and (3) shall be governed in Government Regulation. Article 92
(1)
Transporter shall give services in the form of special treatment and facilities for people with disability and/or sick passengers.
(2)
Granting of special treatment and facilities as referred to in paragraph (1) shall be free.
(3)
Further provisions concerning special treatment and facilities as referred to in paragraph (1) shall be governed in Government Regulation Article 93
(1)
Passenger transportation service activities shall be earned out after fulfilling the general transportation terms composing: a
Rifht of service users to obtain services in accordance with the agreed
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service level;
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b.
obligation of service user to pay transportation cost in accordance with the agreed service level.
(2)
Passenger ticket constitutes an evidence of transportation agreement. Article 94
Train ticket shall not be sold outside the locations specified by the Transporter. Article 95 Passenger who has met the general conditions of transportation as referred to in Article 93 paragraph (1) shall be transported by the transporter. Article 96 (1)
In the transportation of passengers by train, the transporter shall: a.
prioritize the interests of general services to the community,
b.
maintain the continuous services in the specific lines;
c.
announce schedule of train trips and passenger transportation tariff to the community in the stations or other media, and
d. (2)
comply with the schedule of train departure.
In the event of cancellation, postponement of departure, delay, or diversion of train line services, the transporter shall announce to the community and/or passengers complete with clear reasons thereof. Article 97
(1)
In the event of cancellation of train departure by the transporter, the transporter shall reimburse the cost already paid by woud-be passengers plus compensation fee.
(2)
If, during a train trip, there is any obstacle or disturbance causing the train unable to continue the trip to the destination station as agreed, the transporter shall: a.
provide transportation by using other tram up to destination station already agreed in the same class as the first train, or
b.
provide transportation by other train up to the destination station as agreed in
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the same class using other mode of transportation; or
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c.
give compensation in the amount of the price of ticket in the same class up to the destination station as agreed.
(3)
Further provisions concerning reimbursement and compensation shall be governed in Government Regulation. Article 98
(1)
In the transportation of passengers by train the transporter shall be authorized to. a.
check the fulfillment of general requests of transportation for passengers;
b.
act to any violations against any general requirements of transportation as referred to in letter a, and
c. (2)
take measures against any train passenger or community disturbing train trip.
If considered endangering the safety, public order and public interests the transporter may cancel any train trip. Article 99
Further provisions concerning announcement of schedule of train trips and passenger transportation tariffs, cancellation, postponement of departure, delay, and diversion of tram line services shall be governed in Government Regulation. Part Three Transportation of Goods by Train Article 100 (1)
Transportation of goods by tram shall be carried out by using non passenger car and/or baggage train.
(2)
Transportation of goods as referred to in paragraph (1) consists f: a
general goods,
b.
special goods;
c.
hazardous and toxic materials; and
d.
wastes of hazardous and toxic materials.
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Article 101 (2)
Transportation of general goods and special goods as referred to in Article 100 paragraph (2) letters a and b shall meet the following requirements: a.
loading, preparation and unloading of goods in the locations already specific in accordance with their classification;
(3)
b.
safety and security of transported goods; and
c.
car used in accordance with the classification of transported goods.
Train used to transport dangerous and toxic materials and wastes of dangerous and toxic materials as referred to in Article 100 paragraph (2) letters c, and d shall: a.
meet the safety requirements in accordance the nature of transported dangerous materials;
b.
marked with certain labels pursuant to the transported dangerous materials; and
c.
accompanied by official having certain qualification in accordance with the nature of transported dangerous materials.
(4)
Further provisions concerning transport of goods by train as referred to in paragraphs (1) and (2) shall be governed in Government Regulation. Article 102
(1)
Transportation of goods shall be carried out after the fulfillment of general terms of transportation comprising: a.
Right of service user for get services in accordance with the service level agreed;
b.
obligations service users to pay transportation cost in accordance with the service level agreed.
(2)
Letter of Transportation of Goods constitutes an evidence of transportation of goods agreement Article 103
Goods that have met the general terms of transportation as referred to in Article 102 paragraph (1) shall be transported by the transporter
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Article 104 (1)
In the transportation of goods by train, the transporter shall be authorized to: a.
check the fulfillment of general terms for transportation of goods as referred to in Article 102 paragraph (1);
b.
take measures against any violations to the general terms of transportation as referred to in letter a;
c.
remove the transported goods if the transported goods may endanger the safety and security of transportation or train trip.
(2)
If the transported goods are considered endangering the safety, public order and interests, the transporter may cancel the train trip.
(3)
Further provisions as referred to in paragraphs (1) and (2) shall be governed in Government Regulation. Article 105
Sender of goods shall be responsible for true information shown in the letter of transportation of goods, and all costs arising due to any untrue information which harms the transporter or any third party shall be borne by and become the responsibility of the sender of goods. Article 106 (1)
In the event of cancellation of departure of train trip by the transporter, the transporter shall return the costs already paid by the sender of goods plus compensation costs.
(2)
If during a train trip, there is any obstacle or disturbance causing the train unable to continue the trip to the destination station as agreed, the transporter continue transporting the goods by: a.
other similar train, or
b.
other mode of transportation of goods.
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Article 107 (1)
When goods arrive in the destination location, the transporter shall immediately notify the recipient of goods that me goods have arrived and can be immediately taken.
(2)
Any costs arising because the recipient is late and/or negligent to take the goods shall be borne by the recipient of goods Part Four Multimode Transportation Article 108
(1)
Multimode transportation may be carried out by legal entity that has permit for multimode transportation;
(2)
Further provisions concerning multimode transportation, requirements and procedure to obtain permit as referred to in paragraph (1) shall be governed in Government Regulation. Part Five Transportation by Special Train Article 109
(1)
Transportation services by special train as referred to in Article 4 paragraph (1) letter b, shall be used only to support legal entity in carrying out its main activities.
(2)
Transportation services by special train as referred to in paragraph (1) can be merged with the network of transportation services by general train.
(3)
Further provisions concerning the transportation services by train as referred to in paragraphs (1) and (2) shall be governed in Government Regulation. Part Six Transportation Permit Article 110
(1)
Transportation of people and/or goods by general train can be earned out by legal entity.
(2)
In order to carry out the transportation activities as referred to in paragraph (1) the legal entity shall have the following transportation permit comprising:
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a.
business permit, and
b.
operation permit Article 111
(1)
Business permit as referred to in Article 110 paragraph (2) letter a shall be given by the Government and shall be valid when the business is still carried out.
(2)
Further provisions concerning business permit as referred to in paragraph (1) shall be governed in Government Regulation. Article 112
(1)
Operation permit as referred to in Article 110 paragraph (2) letter b shall be given by: a.
Government for inter state transportation
service based on
inter
state
agreement; b.
Government for inter city and city transportation service the service lines of which go across a province;
c.
Provincial Government for inter city and city transportation service whose service lines go across a regency/city in a province;
d
Regent/City Government for inter city and city transportation service whose service lines are in a regency /city.
(2)
Granting of operation permit as referred to in paragraph (1) shall refer to the determination of service network as referred to in Article 109.
(3)
Further provisions concerning operation permit as referred to in paragraphs (1) and (2) shall be governed in Government Regulation. Part Seven Transportation Tariffs Article 113
Train transportation tariffs consist of tariffs for passengers and goods.
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Article 114 (1)
Tariff for train passengers as referred to in Article 113 shall be stipulated by transportation operators based on minimum requirements for transportation service facilities as referred to in Article 91 paragraph (3)
(2)
Train passenger tariff as referred to in paragraph (1) can be stipulated by the Government regarding:
(3)
a.
Transportation service constituting the basic needs of the community;
b.
Transportation service provided for regional development.
Determination of tariff as referred to in paragraph (2) shall be stipulated by: a.
Government for inter state transportation service based on agreement inter state;
b.
Government for inter city and city transportation service the trans-service of which goes across a province;
c.
Provincial Government for inter city and city transportation services trans service of which goes across a regency/city in a province,
d.
Regent/City Government for inter city and city transportation service the trans service of which is in a regency/city.
(4)
Further provisions concerning train passenger tariff as referred to in paragraphs (1), (2) and (3) shall be governed in Government Regulation. Article 115
Tariff for the transportation of goods as referred to in Article 113 shall be stipulated based on the agreement between service user and service provider. Part Eight Responsibilities of Transporter Article 116 Transporter shall be responsible for any acts of its workers in transportation activities Article 117
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(1)
Transporter shall be responsible for any losses suffered by passengers because of death or injuries resulting from railway transportation activities, unless the transporter can prove that the death or injury aforesaid is caused by an event which could have been prevented or avoided or due to the passenger's own fault
(2)
Losses as referred to in paragraph (1) shall be calculated based on losses truly experienced, or part of the costs for the services that have been received.
(3)
Responsibility as referred to in paragraph (1) shall start as of the transportation from the station on which passenger departs and end at the destination station agreed.
(4)
Transporter shall not be responsible for any death or injury of passengers not due to train operation.
(5)
Transporter shall not be responsible for any losses of goods brought by passenger, unless the passenger can prove that the losses are due to the transporter's mistake or negligence;
(6)
Further provisions concerning the amount of compensation as referred to in paragraphs (1) and (4) shall be governed in Government Regulation. Article 118
(1)
Transporter shall be responsible for any losses suffered by sender of goods because the goods are destroyed, lost, damaged, or delayed resulting from transportation activities, unless the transporter can prove that the destruction, loss, damage or delay of goods are due to any event which cannot be prevented or avoided or defect of goods or the transporter's own mistake.
(2)
Losses as referred to in paragraph (1) shall be calculated based on losses really experienced, excluding profits to be acquired and service costs already used.
(3)
Responsibilities as referred to in paragraph (1) shall start as of the date on which the goods are received by the transporter from the departure station until the handover of goods in the destination station agreed.
(4)
Transporter shall not be responsible for any loss if such loss is due to the mentioning of incorrect information in the letter of transportation of goods by the sender of goods.
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Article 119 Further provisions concerning the limit of compensation associated with the transporter's responsibility as referred to in Articles 117 and 118 shall be governed in Government Regulation. Article 120 (1)
Transporter shall not be responsible for any losses suffered by any third party resulting from transportation activities, unless the third party aforesaid can prove that the losses are due to the transporter's mistake.
(2)
Right to file an objection and request of compensation from the third party to the transporter as referred to in paragraph (1), shall be submitted not later than 30 (thirty) days as of the date on which the losses occur. Part Nine Transporter's Rights Article 121
(1)
Transporter has the right to hold the ansported goods by train, if the ansporter or recipient does not fulfill the obligation in the time limit stipulated in accordance with the transportation agreement.
(2)
Transporter or recipient of goods as referred to in paragraph (1) shall be subject to costs of storage of goods held.
(3)
If the transporter or recipient does not meet the obligations after the time limit as referred to in paragraph (1) is exceeded, the transporter may sell by auction in accordance with the law and regulation to meet the obligations of the transporter of and/or recipient of goods. Article 122
Goods not taken after passing the specific time limit shall be declared unowned (unclaimed) goods and can be sold by auction in accordance the law and regulation or destroyed if they are dangerous or can disturb their storage.
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Part Ten Term for Application of Compensation Article 123 (1)
If the party receiving goods does not submit its objection when receiving goods from the transporter shall be considered to have received the goods in good conditions
(2)
In the event of damage of goods when the goods are received from the transporter, the recipient of goods may submit objection and request compensation not later than seven days as of the date on which the goods are received.
(3)
If no objection and request of compensation is submitted within the period as referred to in paragraph (2), the right to claim for compensation to the transporter shall become invalid unless the recipient of goods can prove that the damage or loss is not known due to the transporter's fraud. CHAPTER XH INSURANCE Article 124
(1) (2)
Transporter shall insure its responsibility as referred to in Articles 116, 117, and 118. Further provisions concerning insurance obligation as referred to in paragraph (1) shall be governed in Government Regulation. Article 125
(1) (2)
Transporter shall insure the train crew against any risk of accident. Transporter shall insure basic protection of passengers in accordance with railway law and regulation against any risk of accident.
(3)
Public train facilities shall be insured against the train itself or against any losses suffered by any third party due to the tram operation.
(4)
Further provisions concerning insurance for the crew of train facilities and the train facilities as referred to in paragraphs (1) and (2) shall be governed in
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Government Regulation.
CHAPTER XIII RIGHTS OF OPERATOR OF INFRASTRUCTURES AND TRANSPORTER Article 126 Operator of Infrastructures and Transporter may claim for compensation to the other party that has caused losses to the infrastructures and facilities including the workers. CHAPTER XIV CHECK AND EXAMINATION OF TRAIN ACCIDENT Article 127 (1)
Government shall carry out check and examination on cause of any train accident occurring in the territory of the Republic of Indonesia.
(2)
Check and examination of train accident as referred to in paragraph (1) may be carried out by a body established by the Government.
(3)
Further provisions concerning check and examination of train accident as referred to in paragraphs (1) and (2) shall be governed in Government Regulation. Article 128
(1)
Operator of infrastructures and/or transporter managing the train infrastructures and/or facilities that experience an accident shall pay costs of examination and check of train accident;
(2)
Costs of examination and check of train accident as referred to in paragraph (1) shall be insured;
(3)
Further provisions concerning insurance as referred to in paragraph (2) shall be governed in Government Regulation.
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CHAPTER XV OTHER PROVISION Article 129 Provisions concerning manpower in railway sector shall be carried out in accordance the law and regulation on manpower
CHAPTER XVI INVESTIGATION Article 130 (1)
In addition to the Official of State Police of the Republic of Indonesia, to certain Civil Servants in the environment of institution whose scope of duty and its responsibility comprise railway development shall be granted a special authority as investigator as referred to in Law Number 8 Year 1981 on Criminal Code (KUHP) to carry out investigation on railway crime.
(2)
Investigator as referred to in paragraph (1) shall be authorized to: a.
carry out check on correctness of report, complaint or information on railway crime;
b.
summon people for inquiry as witness and/or suspect associated railway crime;
c.
carry out search, sealing and/or confiscation of tools used for committing any crime;
d.
carry out examination on the location on which a railway crime occurs or other locations suspected to have evidence of railway crime;
e.
confiscate evidence of railway crime;
f.
inquire information and evidence from people and/or legal entity associated with railway crime;
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(3)
g
invite expert required in the railway crime investigation,
h.
draw up and sign minutes of examination;
i
terminate the investigation if there is not adequate evidence of railway crime. Civil Servant Official as referred to in paragraph (1) shall notify the start of investigation and submit the results of his investigation in accordance with the law and regulation. CHAPTER XVII CRIMINAL PROVISIONS Article 131
(1)
Anybody operating infrastructures not in accordance with the provisions as referred to in Article 15 paragraph (1) and/or Article 16 shall face a maximum penalty of 5 years in prison and/or fine up to Rp. 240,000,000.00 (two hundred and forty million rupiah)
(2)
Anybody managing and/or operating facilities not meeting the operation worthiness requirements as referred to in Article 19 shall face a maximum penalty of 1 (one) year in prison and/or fine up to Rp.48,000,000.00 (forty-eight million rupiah).
(3)
Anybody operating special railway without permit as referred to in Article 21 paragraph (1) shall face a maximum penalty of 5 years in prison and/or fine up to Rp. 240,000,000.00 (two hundred and forty million rupiah). Article 132
Anybody constructing any building, building walls, fence, embankment and other construction, planting higher trees and placing goods in railway lines either disturbing visibility or endangering the safety of train trip as referred to in Article 34 shall face a maximum penalty of 5 years and/or fine up to Rp- 240,000,000.00 (two hundred and forty million rupiah). Article 133 (1)
Anybody committing act which can cause, either directly or indirectly, displacement of land in railway line, hence disturbing or endangering train trip as referred to in Article 35 shall face a maximum penalty of 6 (six) years and/or fine up to Rp. 24,000,000.00 (twenty-four million rupiah).
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(2)
If the act as referred to in paragraph (1) damages the railway facilities and infrastructures, then he shall face a maximum penalty of 12 (twelve) years and/or tine up to Rp. 48,000,000.00 (forty-eight million rupiah) and shall pay compensation to the operator of infrastructures.
(3)
If the act aforesaid causes death he shall face a maximum penalty of life or 20 (twenty years) in prison. Article 134
Anybody operating infrastructures which do not meet the worthiness requirements and train facilities not in accordance with the technical requirements and operation worthiness as referred to in Article 52 paragraph (1) and Article 66 paragraph (2) shall face a maximum penalty of 1 (one) year in prison and/or fine up to Rp.48,000,000.00 (forty-eight million rupiah). Article 135 (1)
Anybody committing any act causing damage and/or malfunction to the train infrastructures and facilities as referred to in Article 58, and Article 66 shall face a maximum penalty of 15 (fifteen years) in prison and/or fine up to Rp. 720,000,000.00 (seven hundred and twenty million rupiah).
(2)
If the act aforesaid causes death, he shall face a maximum penalty of life or 20 (twenty) years in pnson and/or fine up to Rp. 960,000,000.00 (nine hundred and sixty million rupiah) Article 136
(1)
Anybody being in the benefit space of rails, dragging goods on or crossing a railway line, without the right to use the railway line not for the interests of the train transportation, which may disturb any train trip as referred to in Article 54 paragraph (1) shall face a maximum penalty of 5 (five) years and/or fine up to Rp. 240,000,000.00 (two hundred and forty million rupiah).
(2)
If the act as referred to in paragraph (1) causes hazard or accident to the train traffic, he shall face a maximum penalty of 15 (fifteen) years and or fine up to Rp 720,000,000.00 (seven hundred and twenty million rupiah).
(3)
If the act as referred to in paragraph (1) causes death, he shall face a maximum penalty of life or 20 (twenty) years in prison.
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Article 137 Anybody constructing road, special railway lines, tunnels, water channels and/or other infrastructures which causes or requires connection, crossing or overlap with the rails without any permit as referred to in Article 64 shall face a maximum penalty of 3 years in prison and/or fine up to Rp 144,000,000.00 (one hundred and forty-four million rupiah). Article 138 Transporter operating the train facilities not in accordance with the provisions as referred to in Article 66 paragraph (2) shall face a maximum penalty of 1 (one) year in prison and or fine up to Rp. 48,000,000.00 (forty-eight million rupiah). Article 139 (1)
Anybody operating train facilities without any certificate of competency as referred to in Article 76 paragraph (1) shall face a maximum penalty of 6 (six) months in prison and/or fine up to Rp. 24,000,000.00 (twenty-four million rupiah).
(2)
Anybody operating train facilities but unable to show certificate of competency as referred to in Article 76 paragraph (1) shall face a maximum penalty of 3 (three) months in prison and/or fine up to Rp. 12,000,000.00 (twelve million rupiah). Article 140
Anybody operating railway without the letter of assignment from the transporter as referred to in Article 81 paragraph (1) shall face a maximum penalty of 2 years in prison and/or fine up to Rp 96,000,000.00 (ninety-six million rupiah). Article 141 Anybody who without any right to be in the roof of tram, be in the locomotive, entering the work room of tram crew, and/or be in the train/car not provided for passengers as referred to in Article 83 paragraph (1) shall face a maximum penalty of 3 (three) months in prison and/or fine up to Rp 12,000,000.00 (twelve million rupiah). Article 142 Anybody showing disorderly behavior as referred to in article 84 shall face a maximum penalty of 12 (twelve) months in prison and/or fine up to Rp 48,000,000.00 (forty-eight million rupiah). Article 143
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Anybody who, during a train accident, does not perform his obligations as referred to in article 85 shall face a maximum penalty of 6 (six) months in prison and/or fine up to Rp. 24,000,000.00 (twenty-four million rupiah).
Article 144 Anybody selling train tickets outside the locations already specified by the transporter as referred to in Article 94 shall face a maximum penalty of 3 (three) months and/or fine up to Rp. 12,000,000.00 (twelve million rupiah). Article 145 Anybody conducting transportation business without any permit as referred to in Article 108 paragraph (2) shall face a maximum penalty of 2 years and/or fine up to Rp 96,000,000.00 (ninety-six million rupiah). Article 146 Transporter not insuring its responsibility as referred to in Article 124 paragraph (1) shall face a maximum penalty of 6 (six) months and/or fine up to Rp 24,000,000.00 (twenty-four million rupiah). Article 147 Transporter not insunng crew of train facilities against any risk of accident as referred to in Article 125 paragraph (1) shall face a maximum penalty of 6 (six) months in prison and/or fine up to Rp 24,000,000.00 (twenty-four million rupiah).
CHAPTER XVH1 TRANSITIONAL PROVISIONS Article 148 (1)
When this Law comes into force, legal entity already obtaining business permit and operation permit based on the provisions of law shall be declared as legal entity according to this Law.
(2)
Not later than 3 (three) years as of the date on which this Law comes into force, the legal entity as referred to in paragraph (1) shall adjust itself to the provision of this Law.
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(3)
With the enactment of this Law, the railway infrastructures including stations already constituting the legal entity's assets shall be re-calculated.
Article 149 When this Law comes into force, all implementing regulations of railway are declared to survive provided that they are not in contradiction with or not replaced yet by the new ones based on this Law.
CHAPTER XIX CLOSING PROVISION Article 150 When this Law comes into force, the Law Number 13 Year 1992 on Railway (State Gazette Year 1992 Number 47 Supplement to the State Gazette Number 3479) is hereby revoked and declared null and void, Article 151 This Law comes into force 1 (one) year as of the date of its enactment. For the public to be informed, it is ordered that this Law be promulgated in the State Gazette of the Republic of Indonesia. Ratified in
: Jakarta
On
: April 25,2007
PRESIDENT OF THE REPUBLIC OF INDONESIA Dr. H. SUSILO BAMBANG YUDHOYONO
Enacted in Jakarta on April 25, 2007 MINISTER OF JUSTICE AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA HAMID AWALUDIN
Undang-Undang No.23 Tahun 2007
STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2007 NUMBER 65
ELUCIDATION OF LAW OF THE REPUBLIC OF INDONESIA NUMBER 23 YEAR 2007 ON RAILWAY GENERAL Railway as one of transportation modes has special characteristics and advantages particularly in its capacity to transport both passengers and goods en mass, energy efficient, efficient in use of space, has high security factor, and low pollution level and more efficient compared to the road and long distance transportation modes and for high density traffic area such as city transportation. Realizing the advantages and characteristics of railway, the role of railway needs to be enhanced to develop an integrated national transportation system, for this purpose the operation of railway starting from planning, development, maintenance and operation needs to properly governed in order to materialize secure, safe, comfortable, fast, appropriate, orderly and efficient railway transportation integrated with other transportation modes hence finally creating harmony and balance of loads among transportation modes hence enhancing the procurement of transportation services for mobile transportation of people and goods. Since the enactment of Law number 13 year 1992 on Railway, operation of railway has shown enhanced role which is important in supporting and encouraging economic activities, consolidating defense and security, expediting government activities, bolstering the unity and integration of the nation and enhancing international relation. The development of railway technology, and changes in global environment which cannot be separated from the global trade system focusing on the free and not discriminatory trade principle and enhanced capability of private sector, hence it is deemed necessary to encourage the role of private to participate in the national railway development Besides, the increased need of transportation for both passengers and goods by train needs to be balanced with the enhanced services to 1he service users both before ELUCIDATION OF LAW OF NO.23 YEAR 2007
departure, during trip and after getting off from the train.
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By taking into account the above considerations, the role of government in railway development needs to be focused in determining policies, regulations, control and supervision by engaging the role of community hence it is expected that railway development can be pursued in efficient, effective, transparent and accountable ways. The railway development aforesaid may also be used to support the national defense and security. By always relying on the meaning and essence contained in the preamble of the 1945 Constitution and by taking into account the strategic environmental development both nationally and internationally particularly in the railway sector, the legal norms in the development and operation of railway governed in Law 13 year 1992 on Railway need to be replaced. ARTICLE BY ARTICLE Article 1 Self-explanatory. Article 2 In this article: a.
benefit principle namely railway must bring about utmost benefits to humanity, enhancement in people's welfare and sustainable development of life to the Citizen;
b.
justice principle namely railway must give just and evenly-distributed services to all layers in the community at the costs affordable to the community,
c.
principle of balance namely railway must be such applied hence there is a harmonious balance between facilities and infrastructures, between interests of users and of service provider, between the interests of individual and of the community, and between the national and international interests;
d.
principle of public interests namely railway must prioritize more on interests of general services to the community,
e.
principle of integrity namely railway must constitute united and complete, integrated, mutually supporting and fulfilling, both intra and inter modes of transportation,
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f.
principle of independence namely railway must be based on trust on own capability and strength, and complying with the personality of the nation;
g.
principle of transparency namely operation of railway in its services must be known by the community;
h.
principle of accountability namely operation of railway must be accountable to the community;
i.
Principle of sustainability namely operation of railway must be environmentbased.
Article 3 This provision in general contains an understanding that railway has the capacity to transport people and/or goods in big number or volume in every trip. Secure means that the operation of road transportation is avoided from any traffic accident and any consequences of traffic accident from internal factors Safe means that the operation of transportation is avoided from any consequences
resulting .from external factors both natural and human
interferences. Fast and smooth means that operation of transportation in brief period of time with high safety level. Orderly and regularly means the realization of transportation in accordance with the applicable law or norms or values applicable in the community and realization of transportation in accordance with the schedule and certainty of services. Comfortable means the realization of tranquility and enjoyment for passengers during trip from the location of origin to the destination both in and outside the transportation; Efficient means that the operation of transportation is capable of bringing about maximum benefits with certain sacrifice which must be borne by the Government, community and environment, or certain benefits with minimum sacrifice; Capable of integrating other modes of transportation in this provision is the ELUCIDATION OF LAW OF NO.23 YEAR 2007
capability of modes of traffic and road transportation to merge railway, sea and air transportation modes one to another, such as by connection and dynamics of inter terminal or other nodes with the space of activities. Paragraph (3) Self-explanatory. Article 5 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) In the master plan, besides containing the plan of railway line network already existing, also contains the plan of railway line network to be built. Paragraph (4) Letter a The national railway master plan in this provision refers to me railway connecting on a continuous basis the inter-centers of national activities and between the center of national activities and the center of regional activities. The railway aforesaid includes the existing network of railway lines and part of the national railway master plan. Letter b Provincial train master plan in this provision refers to railway connecting on continuous basis the inter-center of regional activities and between center of regional activities and center of local activities. The railway aforesaid includes the existing network of railway lines and part of the provincial railway master plan. Letter c
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Regent/city railway master plan in this provision refers to railway connecting on a continuous basis the inter center of local activities.
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The railway aforesaid includes the existing network of railway lines and part of the regent/city railway master plan. Article 6 Self-explanatory. Article 7 Self-explanatory. Article 8 Self-explanatory. Article 9 Self-explanatory. Article 10 Self-explanatory. Article 11 Paragraph(l) The phrase controlled by the state means that the state is responsible for railway development. Paragraph (2) Self-explanatory. Paragraph (3) Letter a Regulation in this provision comprises determination of general and technical policies such as determination of norms, standards, guidelines, criteria, planning and procedures including requirements of certificate, institutions, and permits Letter b
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Control in this provision refers to the granting of directions, guidance, training, permits, certification and technical supports in development and operation. Letter c Supervision
in
this
provision
comprises
supervision
of
development and operation hence complying with the law and regulation, including pursuing corrective measures and law enforcement. Article 12 Self-explanatory. Article 13 Self-explanatory. Article 14 Self-explanatory. Article 15 Self-explanatory Article 16 Self-explanatory Article 17 Paragraph (1) Self-explanatory. Paragraph (2) In Government Regulation shall be governed inter alia procedure and terms of permit, revocation of permit, worthiness and safety of train operation Article 18 Self-explanatory Article 19
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Self-explanatory
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Article 20 Self-explanatory. Article 21 Self-explanatory. Article 22 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) The passengers getting in and off or loading and unloading of goods in the station refer to the passengers getting in and off or loading and unloading of goods outside station due to force majeure such as damage of train facilities and/or railway infrastructures and/or for security tasks. for train operation in this provision refers to the fact that railway requires location for crossing, passing, departing, stopping, and arranging the train cars. Paragraph (4) Self-explanatory. Article 23 Self-explanatory. Article 24 Paragraph (1) The plot of land on the left and right sides of the rails used for rails construction includes slope in the heap and/or cut Other supporting buildings refer to any buildings supporting the safety of tram operation.
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Paragraph (2) Letter a Selfexplanatory, Letter b Self-explanatory. Letter c Rails located above the soil surface may be either flyover rails or hanging rails. Article 25 Self-explanatory. Article 26 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) Bridge construction in this provision consists of upper building which can be made from concrete, steel, or wood and lower building consisting of base, pillar, jumping floor, crib and so on associated with guards of construction building. Article 27 Self-explanatory Article 28 Selfexplanatory. Article 29 Self-explanatory Article 30
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Self-explanatory. Article 31 Self-explanatory. Article 32 Self-explanatory. Article 33 Self-explanatory. Article 34 Visibility in this provision refers to visibility of locomotive engineer to see far to the front and visibility of the road users crossing the railway track Article 3 5 Self-explanatory. Article 36 Paragraph (1) Self-explanatory Paragraph (2) Letter a. Self-explanatory. Letter b. Axle load refers to the load which can be supported by rails due to the passing facilities. Letter c Self-explanatory. Paragraph (3) Self-explanatory Article37 Self-explanatory.
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Article 3 8 Self-explanatory. Article 3 9 Self-explanatory. Article 40 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) For the train operation in this provision refers to anything associated with smooth, secure and safe train trips. Paragraph (4) Self-explanatory. Article 41 Paragraph(l) Supporting business activities in this paragraph may comprise stores, restaurants, offices, hotels, provided that they do not hamper the main function of station. Paragraph (2) Self-explanatory. Article 42 Self-explanatory. Article 43 Paragraph (1) Self-explanatory.
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Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Article 44 Letter a Signaling equipment functioning as guide refers to tools or signs namely colors or lights placed in a certain location and giving signs with certain meanings. Letter b Self-explanatory. Letter c Electricity installation namely all power generating systems used to give electrical power as source of electrical power from the power source, its distribution up to the use of the electrical power aforesaid. Article 45 Self-explanatory. Article 46 Self-explanatory. Article 47 Self-explanatory Article 48 Self-explanatory Article 49 Paragraph (1) Development for public interests must take into account the individual right upon land hence the use of land aforesaid shall benefit to the community, state, and ELUCIDATION OF LAW OF NO.23 YEAR 2007
holder of right upon land. Railway master plan aforesaid refers to the railway master plan in line with the national, provincial, and regent/ city spatial planning. Paragraph (2) Socialization activities aforesaid are aimed at giving understanding to the community hence reducing the impacts associated with the objection of the community to the development of railway infrastructures. Paragraph (3) Holder of right upon land refers to individual or legal entity that has the right upon land that has been registered or has certificate or upon ex traditional land not yet registered nor having any certificate. User of state land refers to person or legal entity constructing any building or using the land aforesaid upon which no right nor certificate has been given. Communal land refers to a plot of land to which no communal right of certain traditional law applies. Traditional community refers to a group of people bound by the corresponding traditional law arrangement as residents together with legal association based on similarity of residence or descent. Paragraph (4) This agreement constitutes a part of land procurement process stipulated in minutes. Article 50 Paragraph (1) Revocation of right upon land may be earned out if any agreement has been gradually pursued by the parties however not achieving any consensus The implementation shall be based on law and regulation on land Paragraph (2)
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Self-explanatory. Article 51 Self-explanatory. Article 52 Paragraph (1) Meeting the worthiness requirements refers to the conditions of infrastructures which are ready for use and technically worth for operation. Paragraph (2) Self-explanatory. Article 53 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) Institution in this provision comprises institution that has license and expertise in testing railway infrastructures. Article 54 Self-explanatory. Article 55 Paragraph (1) Qualification of expertise in this provision is acquired through education and training. Paragraph (2) Self-explanatory. Article 56 Paragraph (1) ELUCIDATION OF LAW OF NO.23 YEAR 2007
Administrative sanction in this provision may be either written warning, freezing, and revocation of permit. Paragraph (2) Self-explanatory. Article 57 Self-explanatory. Article 58 Self-explanatory. Article 59 Paragraph (1) Letter a Self-explanatory. Letter b. Dragging in this provision includes dragging or pushing goods without wheels and crossing railway track refers to the crossing of railway track when the train is going to pass. Letter c. Other interests as referred to in this provision refer to any use of track which does not conform to its function such as selling, herding animals, drying goods. Letter d Outside the location provided for transportation of passengers and/or goods refers to certain locations in the station not provided for passengers to get in or off and/or loading and unloading of goods. Letter e. Disturbing order and/or general services includes but not limited to sitting on the roof of tram or other dangerous location. ELUCIDATION OF LAW OF NO.23 YEAR 2007
Included in this understanding is any act which may endanger the safety of train trip. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Article 60 Paragraph (1) Maintenance of railway infrastructures in this provision refers to the maintenance or repair carried out on a routine and/or periodical basis. Paragraph (2) Maintenance requirements refer to the requirements for location of and equipment of railway infrastructures. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Article 61 Paragraph (1) Road refers to the road as governed in Law Number 38 Year 2004 on Road. The principle of not in the same section in this provision refers to the principle of location of road which does not cross horizontally, rather than built aboveor below the railway tracks. This principle shall also apply for special railway tracks With regard to the crossing between railway tracks and road already existing before the enactment of this law and not applying yet the principle of not in the same section, shall be gradually modified to in accordance with the ELUCIDATION OF LAW OF NO.23 YEAR 2007
capability of the Government and/or regional government hence they will be no longer in the same section. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Article 62 Selfexplanatory. Article 63 Selfexplanatory. Article 64 Paragraph (1) Parties requiring any connection, crossing, or overlap with train tracks may realize them after meeting the requirements and obtaining permits and not endangering trains. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Article 65 Maintenance of crossing / overlap in this provision shall be limited only to the maintenance of crossing facilities and excluding the maintenance of road as referred to in Law Number 38 Year 2004 on Road. Article 66 Paragraph (1) Letter a Self-explanatory
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Letter b Self-explanatory. Letter c Self-explanatory. Letter d Facilities for special purposes comprise supporting facilities which meet the health and environmental requirements such as supporting facilities, facilities for maintenance. Paragraph (2) The technical and worthiness requirements in this provision refer to loading of passengers and/or goods in accordance the specified capacity and supporting facilities which meet the work safety requirements. Paragraph (3) Self-explanatory. Article 67 S el f-explanatory. Article 68 Self-explanatory. Article 69 Self-explanatory. Article 70 Self-explanatory. Article 71 Self-explanatory. Article 72 Self-explanatory. Article 73
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Self-explanatory Article 74 Self-explanatory Article 75 Paragraph (1) Maintenance of train facilities refers to the maintenance or repair carried out on a routine and/or periodical basis. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory Paragraph (5) Self-explanatory. Article 76 Paragraph (1) Self-explanatory. Paragraph (2) Pursuant to the demand of development of technology and survival of business, the transporter shall be demanded to continuously enhance skill and quality of human resources in the railway sector through education and training. Paragraph (3) Self-explanatory Paragraph (4) Self-explanatory.
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Article 77 Self-explanatory. Article 78 Paragraph (1) Self-explanatory. Paragraph (2) Letter a In developing railway design and engineering, the government shall create climate and encourage the development of domestic railway industry with appropriate technology such as energy efficient and environment-based, therefore consistent efforts must be pursued in order to reduce, prevent, and control pollution impacts arising from and potentially endangering the environment. Letter b. Self-explanatory. Letter c. Self-explanatory. Letter d. Self-explanatory Letter e. Self-explanatory. Paragraph (3) Self-explanatory Article 79 Letter a. Block section in this provision refers to part of the traffic starting from incoming signal up to outgoing signal in the nearby stations
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Letter b. Self-explanatory. Article 80 Self-explanatory. Article 81 Self-explanatory. Article 82 This obligation to prioritize train trip is based on considerations that nature of train operation is strongly limited to the rails aforesaid and oilier technical limitation. Article 83 Self-explanatory. Article 84 Accident in this provision includes collision of trains, between train and other mode, and derail of train. Article 8 5 Self-explanatory. Article 86 Selfexplanatory. Article 87 Paragraph (1) Self-explanatory. Paragraph (2) Preparation of inter city services network is aimed at connecting domestic cities. According to the need, it can also connect domestic cities and cities in foreign carry out.
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Preparation of inter city transportation service network and city transportation service into an integrated system is aimed at gaining high efficiency and at providing the best services. City transportation system constitutes in principle an independent network of services different from the network of inter city transportation network. However both systems must be integrated hence allowing service users to shift from a services network to the other railway network, including possibility of shifting to other transportation modes, because it constitutes a system of distribution and accumulation for city transportation. Paragraph (3) S elf-explanatory. Paragraph (4) Self-explanatory. Article 88 . Self-explanatory. Article 89 Self-explanatory. Article 90 Self-explanatory. Article 91 Paragraph (1) Self-explanatory. Paragraph (2) Certain condition in this provision is when passenger train is not available or inadequate in the lines whilst request of transportation must be immediately served. Paragraph (3)
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Minimum requirements for passenger services facilities in this provision comprise roof as protector from heat and rain, air circulation, location for sitting, lighting and cleaning. Paragraph (4) Self-explanatory. Article 92 Paragraph (1) Services for passengers with disability and/or sick people are aimed at rendering them enjoying good train transportation services. Special treatment in this provision may include the construction of special way in the station and special facilities for getting in the train or provision of space specially provided for placement of wheelchair or support facilities for sick people required to be in sleeping position during transportation. Defect in this paragraph includes inter alia passengers using wheelchair due to paralysis, defect in foot, blind and so on. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory Article 93 Paragraph (1) Letter a For example holder of certain ticket will obtain service level in accordance with the ticket he owns. Obligation of service users to pay transportation cost conforms to the service level he receives Letter b Obligation of the transporter to transport passengers having ticket conforms to the service level agreed. Similarly, the obligation of the ELUCIDATION OF LAW OF NO.23 YEAR 2007
transporter to pay compensation conforms to the general terms already agreed, to the service users suffering losses due to the transporter's negligence. Giving services in the worthiness limits in accordance with the transporter's capability to the service users, while waiting the departure in case of delay in departure due to the transporter's negligence. Letter c If would-be service users already have tickets however their trip is cancelled, then the provisions as set forth in the general terms of transportation shall apply. Paragraph (2) Tickets in this provision refer to the tickets both with and without name. Article 94 Self-explanatory. Article 95 Provision of obligation to transport is aimed at rendering the transporter not making any different treatment to users of tram transportation services, provided that the service users have met the general terms of transportation stipulated pursuant to this law. Article 96 Self-explanatory. Article 97 Self-explanatory. Article 98 Paragraph (1) Letter a Self-explanatory. Letter b
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Action to any passenger endangering the safety and security of other passengers shall be taken by ordering the passenger to get off in the nearest station. Whereas with regard to acting to any passenger having no ticket, the transporter may either impose a fine or order the passenger to get off in the nearest station. Letter c The putting passengers or community into order can be carried out jointly with the security apparatus. Paragraph (2) Self-explanatory. Article 99 Self-explanatory. Article 100 Paragraph (1) Self-explanatory. Paragraph (2) Letter a General goods refer to materials or goods other than special goods, dangerous materials and toxic materials, dangerous wastes and toxic materials, containers, and heavy equipment. Letter b Special goods refer to goods the nature and form of which must be loaded in a specific way among other things: a.
batch goods such as batch cement,
b
liquid goods such as fuel, basic of granular sugar, etc.
c.
transport of goods requiring cooling facilities;
d.
transport of living plants and animals,
e.
materials put in palette;
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f.
materials made of glass sheet;
g.
multi-stage transport of vehicle.
Letter c Hazardous and toxic materials refer to any materials or goods due to their specific nature and characteristics and conditions are dangerous to public safety and order and against human life or health and other living creatures. Letter d Wastes of hazardous and toxic materials refer to those remain from any operation and or activities which contain dangerous and or toxic materials which due to their nature and or concentration and or amount may, either directly or indirectly, contaminate or damage the living environment and or may change the living environment, health, survival of human being and other living creatures. Article 101 Self-explanatory. Article 102 Paragraph (1) General terms of transportation as referred to in this provision comprise: a.
Right of service users to receive services in accordance with service level agreed, obligations of service users to pay transportation cost in accordance with the service level desired
b
Obligation of the transporter to transport goods of service user who has letter of transportation of goods. Similarly the obligation of the transporter to pay compensation pursuant to the general terms already agreed to the service user suffering losses due to the transporter's negligence
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c.
If service user already has a letter of transportation of goods but cancels his delivery of goods, in this case the provisions as set forth in general terms of transportation shall apply.
Paragraph (2) Self-explanatory. Article 103 Self-explanatory. Article 104 Selfexplanatory. Article 105 Self-explanatory. Article 106 Paragraph (1) Self-explanatory. Paragraph (2) Letter a Train of similar type refers to the train that has the same specification for the transportation of goods. Letter b Self-explanatory. Article 107 Paragraph (1) With regard to transportation of goods, the last responsibility of the transporter is the handover of goods in the destination location as agreed Paragraph (2) Costs arising due to the delay or negligence of the recipient to take the goods such as costs of storage, of security and of maintenance.
Article 108 Multimode transportation in this provision refers to the transportation of goods by using at least 2(two) different modes of transportation, based on a contract of multimode transportation by using Multimode Transportation Document (DAM) from a location from which the goods are received by the transporter of multimode transportation to a location specified for the receipt of goods aforesaid. Article 109 Self-explanatory. Article 110 Self-explanatory. Article 111 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Article 112 Self-explanatory Article 113 Self-explanatory. Article 114 Self-explanatory Article 115 S el f-explanatory Article 116 Self-explanatory Article 117 Paragraph (1)
Selfexplanatory. Paragraph (2) Selfexplanatory. Paragraph (3) Self-explanatory. Paragraph (4) Death or injury of passenger not due to the train operation such as death or injury in train due to sickness or crime. Paragraph (5) Self-explanatory. Paragraph (6) Self-explanatory. Article 118 Self-explanatory Article 119 Selfexplanatory. Article 120 Self-explanatory Article 121 Paragraph (1) Self-explanatory Paragraph (2) Location of storage provided by the transporter may be car, warehouse, and open space. Costs of storage such as lease of car, costs of unloading, removal, stacking and lease of warehouse. Paragraph (3)
The time limit in this provision refers to the time mentioned in the general terms of transportation. Article 122 Self-explanatory. Article 123 Self-explanatory. Article 124 Paragraph (1) Amount of insurance in this provision must be at least equal to the compensation to be given to the service user suffering losses due to train operation. Paragraph (2) Self-explanatory. Article 125 Paragraph (1) Self-explanatory. Paragraph (2) Basic protection insurance refers to the insurance as governed in the applicable law which governs general passenger accident insurance. Article 126 Self-explanatory. Article 127 Paragraph (1) Research on causes of accident in this provision is not associated with the investigation (law enforcement), rather than solely to find the causes of accident for improving the technology and to prevent the repeat of similar accident in the future
If there is any element of crime in the accident aforesaid, then the check shall also be carried out by investigator in the framework of law enforcement. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Article 128 Selfexplanatory. Article 129 Manpower provisions refers to the work safety and health provisions, and other manpower-related provisions. Article 130 Paragraph (1) Investigation of violation against railway law requires expertise in railway hence special officers are required the investigation in addition to the officers usually in charge of crime investigation. These officers are Civil Servant officers in the environment of Department supervising the railway. Paragraph (2) Self-explanatory. Paragraph (3) Investigation shall be carried out in accordance with the provision of the applicable law and regulation such as Article 7 paragraph (2) and Article 107 of the Law Number 8 Year 1981 on Criminal Proceeding. Article 131 Self-explanatory. Article 132 Self-explanatory.
Article 146 Selfexplanatory. Article 147 Selfexplanatory. Article 148 Self-explanatory. Article 149 Self-explanatory. Article 150 Self-explanatory. Article 151 The enactment of this Law 1 (one) year as of the date of its enactment is aimed at giving the opportunity to the Government apparatus and railway operators to adapt themselves to the provisions set forth in this law and provide information to the community to be aware of this law. SUPPLEMENT TO THE STATE OF THE REPUBUC OF INDONESIA NUMBER 4722