MINISTER OF TRANSPORTATION OF REPUBLIC OF INDONESIA MINISTER OF TRANSPORTATION OF REPUBLIC OF INDONESIA REGULATION NUMBER 66/2015 REGARDING UNSCHEDULED INTERNATIONAL NON-COMMERCIAL AND COMMERCIAL AIR TRANSPORTATION ACTIVITIES USING FOREIGN CIVILIAN AIRCRAFT FROM AND TO THE NATIONAL TERRITORY OF REPUBLIC OF INDONESIA WITH THE BLESSINGS OF THE ONE AND ONLY GOD MINISTER OF TRANSPORTATION OF REPUBLIC OF INDONESIA, Considering : a. Whereas, Unscheduled International noncommercial and commercial air transportation activities using foreign civilian aircraft arriving to or departing from the National Territory of Republic of Indonesia have the potentials of violating the principles of cabotage, flight clearance, law on State suremacy and may harm flight safety and security within the Territory of Republic of Indonesia; b. Whereas, based on the considerations stated in item a, a Minister of Transportation Regulation on Unscheduled
International Non-Commercial and Commercial Air Transportation Activities Using Foreign Civilian Aircraft From and To the national Territory of Republic of Indonesia must therefore be stipulated; In Reference To : 1. Law Number 1/2009 regarding Aviation (State Gazette of Republic of Indonesia Number 1/2009, Addendum to State Gazette of Republic of Indonesia Number 4956); 2. Presidential Regulation Number 24/2010 Regarding Position, Duties and Functions of Echelon I of State Ministries as was amended, lastly by the Presidential Regulation Number 135/2014; 3. Presidential Regulation Number 7/2015 regarding State Ministry Organization; 4. Minister of Transportation Regulation Number KM 25 Tahun 2008 regarding Air Transportation as was amended, last by the Minister of Transportation Regulation Number PM 41/2015; 5. Minister of Transportation Regulation Number KM 60/2010 regarding Organization and Work Procedure of Ministry of Transportation as was amended by the
Minister of Transportation Regulation Number PM 68/2013; 6. Minister of Transportation Regulation Number PM 69/2013 regarding National Airport Administration; DECIDING: Stipulating : THE MINISTER OF TRANSPORTATION REGULATION ON UNSCHEDULED INTERNATIONAL NON-COMMERCIAL AND COMMERCIAL AIR TRANSPORTATION ACTIVITIES USING FOREIGN CIVILIAN AIRCRAFT FROM AND TO THE NATIONAL TERRITORY OF REPUBLIC OF INDONESIA CHAPTER I GENERAL PROVISIONS Article 1 The following definitions apply to this Regulation: 1. Indonesian aircraft is an aircraft bearing an Indonesian registration certificate and nationality mark. 2. Civilian Aircraft is an aircraft used for the purpose of commercial and noncommercial air transportation.
3. Civilian Aircraft is an aircraft used for commercial and non-commercial air transportation bearing foreign registration certificate and nationality mark. 4. Air transportation is every activity performed using an aircraft to transport passengers, cargo and/or mail for one or more trips from one airport to one or several others. 5. Commercial air transportation is public air transportation with passage fee. 6. Non-Commercial Air Transportation is air transportation used to serve private purposes and support businesses whose main activities do not include air transportation. 7. Unscheduled Commercial Air Transportation is commercial air transportation conducted on unfixed and irregular routes at a tariff agreed upon by the service provider and service user, which is not published. 8. Domestic Air Transportation is a commercial transportation activity carried out to provide air transportation
services from one airport to another within the National Territory of Republic of Indonesia. 9. Foreign air transportation is a commercial air transportation activity which serves air transportation from a domestic airport to another within the territory of Republic of Indonesia and vice versa. 10. Flight Route is an aircraft s trajectory from the airport of origin to the airport of destination through the specified flight route. 11. Airport is an area on land and/or waters with specific borders used by the aircrafts to land and take off, load and unload passengers, cargo and a place of movement between similar and different modes of transportation equipped with flight safety and security facilities and other main and supporting facilities. 12. Public airport is an airport used to serve public interests. 13. Special airport is an airport used to serve private needs in order to support its main business activities.
14. Domestic Airport is an airport assigned to serve domestic flight routes. 15. International Airport is an airport assigned to serve both domestic and international flight routes. 16. Flight approval is an approval issued by the authorities in the field of civil aviation for the purpose of monitoring and controlling air transportation capacity and traffic rights and/or aircraft usage. 17. Flight clearance for unscheduled foreign aircraft is a permission to fly over and/or land within the National Territory of Republic of Indonesia for unscheduled foreign aircrafts issued by the Government of Republic of Indonesia, which consists of Displomatic Clearance, Security Clearance and Flight Approval. 18. Diplomatic Clearance is a form of written permit issued by the Ministry of Foreign Affairs of Republic of Indonesia for unscheduled foreign aircrafts to fly over and/or land within the National Territory of Republic of Indonesia within a specified period of time by taking into
account the foreign affairs policy of Republic of Indonesia. 19. Security Clearance is one of the written permits issued by the Headquarters of National Indonesian Army for unscheduled foreign aircrafts to fly over and/or land within the National Territory of Republic of Indonesia within a specified period of time by taking into account the safety factor. 20. Flight Clearance Agent is an individual or legal entity authorized or granted the authority to propose a flight clearance to represent foreign air transportation companies / individuals / legal entities. 21. Airport Business Entity is a business entity owned by the State, Local Business Entities or Indonesian Legal entities in the form of limited liability companies or cooperatives, the main of activities of which include operating airports for public services. 22. Air Transportation Business Entity is a State-owned, Local Government-owned or Indonesian legal entity in the form of limited liability company or cooperative,
whose main activities consist of operating airports to transport passengers, cargo and/or mail in exchange for fee. 23. Foreign legal entity is a foreign air transportation company or a company which operates foreign aircrafts. 24. Airport Management Unit 9 is a government institution at an airport serving as airport management which provides airport-related services for noncommercial airports. 25. Airport Authority is a government institution assigned by the Minister and authorized to perform and monitor the fulfillment of provisions of law in order to guarantee aviation safety, security and services. 26. Minister is a Minister responsible for aviation. 27. Director General is Director General responsible for air transportation. 28. Director is a Director whose duties and responsibilities in the field of air transportation.
CHAPTER II Types of Air Transportation Activities Article 2 (1) Air transportation activities consist of: a. Commercial air transportation; and b. Non-commercial air transportation. (2) Commercial Air Transportation as stated in Section (1) item a consists of: a. National Commercial air transportation; and b. Foreign Commercial air transportation. (3) Non-Commercial Air Transportation as stated in Section (1) item b consists of the following: a. National Non-commercial air transportation; and b. Foreign Non-commercial air transportation. Article 3
(1) National Commercial Air Transportation as stated in Article 2 Section (2) item a consists of the following: a. Scheduled commercial national air transportation; and b. Unscheduled commercial national air transportation. (2) Foreign Commercial Air Transportation as stated in Article 2 Section (2) item b consists of the following: a. Scheduled commercial foreign air transportation; and b. Unscheduled commercial foreign air transportation. Article 4 Foreign non-commercial air transportation activity as stated in Article 2 Section (3) item b includes: a. Air transportation to transport state officials or employees or people employed by companies with non-commercial air transportation activity permit; b. Air transportation for private flights;
c. Air transportation for sports activities; or d. Other non-commercial air transportation whose main activities do not include commercial air transportation. Article 5 Unscheduled foreign commercial air transportation activity as stated in Article 3 Section (2) item b includes: a. Certain groups with similar purpose and intention of non-tourism (affinity group); b. Passenger groups who purchase the entire or a part of the aircraft s capacity for travel packages, including local accommodations and transportation (charter tour included); c. Someone who purchase the aircraft s entire capacity for its own private use (own use charter); d. Air taxi; e. Unscheduled commercial air transportation for foreign cargo;
f. Indonesian air traffic aviation (overflying); g. Technical landing for non-commercial purposes; or h. other unscheduled commercial air transportation activities, eg. one aircraft carries various groups with various purposes (split charter) for medical assistance, humanitarian aid and skydiving activities. Article 6 Foreign non-commercial air transportation activities and unscheduled commercial air transportation activities as stated in Articles 4 and 5 may be carried out by a foreign legal entity or a foreign citizen. CHAPTER III REQUIREMENTS Article 7 (1) Foreign scheduled non-commercial and commercial air transportation activities
using foreign civilian aircraft must first obtain a flight clearance. (2) Flight clearance as stated in Section (1) consists of the following: a. Diplomatic clearance from the Ministry of Foreign Affairs; b. Security clearance from the Indonesian National Army HQ; and c. Flight approval from the Ministry of Transportation. Article 8 Foreign unscheduled non-commercial and commercial air transportation activity using foreign civilian aircraft must obtain a flight approval from the Minister after Diplomatic Clearance and Security Clearance. Article 9 Foreign unscheduled non-commercial and commercial air transportation activity using foreign civilian aircraft must fulfill the following requirements:
a. Fulfilling the technical provisions and operations of aircraft within the National Territory of Republic of Indoensia; b. Flight Captain must have proper license; b. Air Carrier s responsibilities to the third party must be insured; d. Time slot availability at the airport; e. Fulfilling the technical aspects for flight safety and security; and f. Recommendations from relevant institutions for humanitarian aid and the medics for medical air evacuation. CHAPTER IV PROCEDURE Article 10 Flight approval for Foreign unscheduled noncommercial or commercial air activities using foreign civilian aircrafts must be proposed by: a. Foreign legal entity representative in Indonesia who will be conducting the flight;
b. Agent appointed by a foreign citizen / legal entity who will be conducting the flight; c. Diplomatic representative from the country where the legal entity or aircraft is registered. Article 11 The request as stated in Article 10 shall be proposed to the Director General by attaching the following documents: a. Photocopy of Air Operating Certificate (AOC) or Operating Certificate (OC) from the foreign company; b. Photocopy of Certificate of Registration (C of R) from the foreign aircraft; c. Photocopy of Certificate of Airworthiness (C of A) from the foreign aircraft; d. Photocopy of foreign Pilot s License; and e. Photocopy of carrier s responsibility insurance coverage to a third party f. Flight plan request reference containing identity of aircraft, schedule, name and identity of the flight crew; g. Passengers or Cargo List for transport;
h. Charter contract for charter flights; i. Recommendations on flight time slot from the authorized work unit according to the provisions of law; j. Recommendations on the technical aspects of flight safety and security from the authorized work unit, if necessary; and k. Recommendations from the relevant institutions for humanitarian aid and the medics for medical evacuation. Article 12 (1) Request for flight approval must be submitted at the latest of 3 (three) work days before the flight to the Director General. (2) Approval or rejection of request for flight approval is given by the Director General at the latest of 1 (one) day before the flight after all requirements have been duly and properly received. Article 13
(1) The Agent appointed by foreign citizens / legal entities as stated in Article 10 item b must be registered at the Directorate General of Air Transportation. (2) Further provisions regarding the registration of fliht approval agent as stated in Section (1) shall be regulated under the Director General s Regulations. Article 14 (1) Flight approval number issued by the Ministry of Transportation shall be used as flight clearance for foreign unscheduled commercial and non-commercial air transportation using foreign civil aircraft. (2) Flight clearance form as stated in Section (1) is specified in Appendix 1 and serves as an inseparable part of this Minister Regulation. CHAPTER V EXECUTION
Article 15 (1) Foreign unscheduled commercial and noncommercial air transportation using foreign civilian aircraft can only land or take off at an international airport. (2) Unscheduled commercial and non-commercial air transportation activities as stated in Section (1) only serves air transportation from airports outside the National Territory of Republic of Indonesia to an international airport within the National Territory of Republic of Indonesia and vice versa. Article 16 The provisions of Article 15 shall not apply to the following events: a. Technical landing; b. VVIP flight; c. Humanitarian aid flight; f. Medical evacuation; and e. Strategic national interests under special permit from the Minister.
Article 17 (1) If the technical landing as stated in Article 16 item a is conducted for refueling, the aircraft must land at an international airport. (2) If the technical landing as stated in Article 16 item a is carried out due to aircraft malfunction, the aircraft may land at a non-international airport. Article 18 (1) Special permit from the Minister as stated in Article 16 item e is granted after a request is submitted by the head of Ministry / relevant institutions to the Minister for reasons of strategic national interests. (2) Format of request for permit and grant of special permit from the Minister as stated in Section (1) can be found in Appendix 2 and serves as an integral part of this Minister Regulation. Article 19
(1) Foreign commercial and non-coommercial air transportation activity using foreign civilian aircraft by a foreign legal entity may only unload passengers into the Indonesian territory and load passengers from in-bound flights (inbound traffic). (2) Unscheduled foreign commercial and noncommercial air transportation activities using foreign civilian aircrafts carried out by a foreign legal entity may only unload cargo into the territory of Republic of Indonesia (in-bound traffic) CHAPTER VI APPLICANT S OBLIGATIONS Article 20 Flight approval applicants must: a. deliver reports on unscheduled foreign commercial and non-commercial air transportation activities; b. make payments for airport services; and
c. fulfill the provisions of law on aviation. CHAPTER VII PENALTY Article 21 (1) Foreign citizens or legal entities conducting foreign unscheduled commercial and non-commercial air transportation activities using foreign civilian aircrafts which violate the provisions stated in Articles 15 and 19 shall be banned for the next flight approval. (2) Flight Clearance Agent who violates the provisions as regulated in Articles 15 and 19 shall be given first warning, second warning and third warning for every respective violation and shall be banned from obtaining flight approval. CHAPTER VIII SUPERVISION Article 22
The Airport Authority Office, Airport Management Unit and Airport Business Unit must supervise the flight approvals as follows: a. Foreign legal entities operating as airliner must fulfill the technical and operational provisions of aircrafts within the Territory of Republic of Indonesia; b. Transportation of passengers or cargo by foreign legal entities operating as airliner who carries out foreign unscheduled commercial and non-commercial air transportation activities; c. Data match between the passengers list on the pre-manifest with the actual passengers boarding the aircraft; and d. Match between cargo plan data which will be embarking on the pre-manifest with the actual cargo boarded to the aircraft. Article 23 (1) The Airport Authority, Airport Management Unit and Airport Business Entity must report foreign unscheduled commercial and
non-commercial air transportation activities which do not fulfill the provisions stated in Article 19. (2) The Airport Authority, Airport Management Unit and Airport Business Entity may cease operations of any aircraft without flight approval. CHAPTER IX TRANSITIONAL PROVISIONS Article 24 When this Regulation becomes effective, the flight approval applicant for foreign unscheduled commercial and non-commercial air transportation activities using foreign civilian aircrafts may still conduct its air transportation activities under the previous permit at the latest of 6 (six) months since this Regulation becomes effective. CHAPTER X CLOSURE Article 25
This Minister Regulation shall become effective on its date of promulgation. For the purpose of its publications, this Minister Regulation shall be included to the State Gazette of Republic of Indonesia. Stipulated in Jakarta On 1 April 2015 MINISTER OF TRANSPORTATION OF REPUBLIC OF INDONESIA Signed IGNASIUS JONAN Promulgated in Jakarta On 2 April 2015 MINISTER OF LAW AND HUMAN RIGHTS AFFAIRS OF REPUBLIC OF INDONESIA Signed YASONNA H. LAOLY
STATE GAZETTE OF REPUBLIC OF INDONESIA NUMBER 496/2015 This copy is identical with the original document HEAD OF LEGAL AFFAIRS AND KSLN BUREAU SRI LESTARI RAHAYU Level 1 Superintendent (IV/b) NIP. 19620620 198903 2 001
APPENDIX I OF THE MINISTER OF TRANSPORTATION REGULATION NUMBER: PM 66/2015 DATE: 1 APRIL 2015 A. FORMAT OF SPECIAL PERMIT REQUEST Number: Jakarta, March 2015 Appendix: Subject: Request for Special permit To: MINISTER OF TRANSPORTATION In JAKARTA 1. By taking into account the Minister of Transportation s Regulation Number PM Year regarding Foreign Unscheduled Commercial and Non-Commercial Air Transportation Activities Using Foreign Civilian Aircraft to and from the National Territory of Republic of Indonesia, we hereby request a special permission to conduct Foreign Unscheduled Commercial and Non-Commercial Air Transportation Activities* Using Foreign Civilian Aircraft to and from the National Territory of Republic of Indonesia by taking off and landing at the following Airport / Route for strategic national interests of. (mention the reason for such necessity)
2. As such, we are hereby willing to fulfill all technical requirements and procedures as well as obligations under the applicable provisions of law when approved...,.. Applicant Cc.: Director general of Air Transportation (..) Information: * eliminate the incorrect statement
B. FORMAT OF SPECIAL PERMIT Number: Jakarta, March 2015 Appendix: Subject: Request for Special permit To: President Director of In JAKARTA 1. In response to your letter Number. Dated. Regarding the aforementioned subject, we hereby inform you that based on the Minister of Transportation s Regulation Number PM Year regarding Foreign Unscheduled Commercial and Non-Commercial Air Transportation Activities Using Foreign Civilian Aircraft to and from the National Territory of Republic of Indonesia, PT.. s request to take off and land at the following Airport / Route for strategic national interests of. is viable for consideration. 2. The activities must fulfill the technical requirements and procedures as well as obligations under the applicable provisions of law when approved.
MINISTER OF TRANSPORTATION OF REPUBLIC OF INDONESIA IGNASIUS JONAN Cc: Director General of Air Transportation MINISTER OF TRANSPORTATION OF REPUBLIC OF INDONESIA signed IGNASIUS JONAN This copy is identical with the original document HEAD OF LEGAL AFFAIRS AND KSLN BUREAU SRI LESTARI RAHAYU Level 1 Superintendent (IV/b) NIP. 19620620 198903 2 001