Pp No 56 Tahun 2009 - Translation

PP No. 56/2009 – translation - page 1

GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA

NO. 56 of 2009

Concerning

THE ORGANIZING OF RAILWAY

BY THE BLESSING OF THE ALMIGHTY GOD

THE PRESIDENT OF THE REPUBLIC OF INDONESIA

Having considered:

That to apply the provisions in Articles 12, 16, 34, 53, 58, 64, 66, 83, 89, 95, 97, 113,

115, 117, 119, and 174 of Law No. 23 of 2007 concerning Railway, it is required to

incorporate Government Regulation concerning the Organizing of Railway;

Having observed:

1. Article 5 Item (2) of the 1945 State Constitution of the Republic of Indonesia;

2. Law No. 23 of 2007 concerning Railway (State Gazette of the Republic of

Indonesia No. 65 of 2007, Supplement to State Gazette of the Republic of

Indonesia No. 4722);

HAS DECIDED:

To issue: THE GOVERNMENT REGULATION CONCERNING THE ORGANIZING OF

RAILWAY

CHAPTER I

GENERAL PROVISIONS

Article 1

The terms used in this Government Regulation shall have the following meaning:

1. Railway shall mean an integral part of system comprising infrastructure, facilities,

and human resources, as well as norms, criteria, requirements, and procedures

for organizing train transport.

2. Public railway shall mean a railway used to transport persons and/or freight with

charges.


3. Specific railway shall mean a railway that is only used to underpine the principal

activity of a particular business entity and not used to serve the public.

4. Intercity railway shall mean a railway serving the removal of persons and/or

freight from one city to another.

5. Urban railway shall mean a railway serving the removal of persons in urban area

and/or the shuttle trip.

6. Railway Master Plan shall mean a plan and direction of policies on railway

development covering national, provincial, and regency/urban railway.

7. Railway infrastructure manager shall mean a party organizing railway

infrastructure.

8. Railway facilities manager shall mean a Business Entity organizing public railway

facilities.

9. Business Entity shall mean a State-owned Enterprise (BUMN), a Local

Government-owned Enterprise (BUMD), or an Indonesian legal person specially

incorporated for railway.

10. Specific railway manager shall mean a Business Entity organizing a specific

railway.

11. Railway infrastructure shall mean a railway track, a train station building, and

railway operational facilities aimed at keeping the train operatable.

12. Railway track shall mean a track consisting of a network of plot of rail track

covering the rail area (ruang manfaat), rain belt (ruang milik), and rail safety belt

(ruang pengawasan) of railway track, including the area under and above it which

is intended for train traffic.

13. Network of train track shall mean all railway tracks that are related to one

another connecting places and constituting a system.

14. Specific railway track shall mean a railway track specially utilized by a particular

Business Entity to support the principal activity of that Business Entity.

15. Rail road shall mean an integral part of construction of steel, concrete, or other

construction situated on the surface, under, and above the ground or hanging

together with the equipment navigating the movement of the train.

16. Train station building shall mean the place for train departure and train stop.

17. Train operational facility shall mean every facility required so as to the train is

operatable.


18. Train shall mean a motored railway facility, either that moves on its own or that is

detached to other railway facility, which is or will be moving on a railroad with

regards to train trip.

19. Railway facility shall mean a vehicle movable on a railroad.

20. Locomotive shall mean a railway facility having its own motor which is moving

and used to pull and/or push cars, rolling sock, and/or specific equipment.

21. Car shall mean a railway facility that is pulled and/or pushed with a locomotive or

that has its own motor utilized to transport persons.

22. Rolling stock shall mean a railway facility that is pulled and/or pushed with a

locomotive which is utilized to transport freight.

23. Specific equipment shall mean a railway facility that is utilized to transport neither

persons nor freight, but for specific purposes, e.g. for examination car, helping

car, towing car, measuring car, and railroad maintenance car.

24. Technical requirements shall mean technical provisions that become standards in

technical specifications of railway infrastructure or facilities.

25. Technical specifications shall mean general requirements, measurement,

performance, and technical drawings of railway infrastructure or facilities.

26. Testing shall mean an activity performed to find out the suitability between

technical requirements and condition and function of railway infrastructure or

railway facilities.

27. Examination shall mean an activity performed to find out the condition and

function of railway infrastructure or facilities.

28. Maintenance shall mean an activity performed to maintain the reliability of railway

infrastructure or facilities to remain its operational-worthy.

29. Operating staff of railway infrastructure shall mean persons assigned by railway

infrastructure manager to operate railway infrastructure.

30. Crew of railway facilities shall mean persons assigned by railway infrastructure

manager to work in the train in the course of a train trip.

31. Machinist shall mean a crew-man of railway facilities whose duty is to operate the

train and who is responsible for being the train trip dispatcher.

32. Assistant to Machinist shall mean a crew-man of railway facilities assisting the

machinist in driving a train.

33. Certification of testing on railway infrastructure or facilities shall mean a process

of examination, testing to determine the operation-worthiness of railway

infrastructure or facilities.


34. Certificate of initial testing shall mean a proof of determining the operational

worthiness of railway infrastructure or facilities.

35. Certificate of periodic testing shall mean a proof of determining the operational

worthiness of railway infrastructure or facilities upon earning the certificate of

initial testing.

36. Competence certificate shall mean a proof of fulfilling the competence

requirements in order to be an operating staff of railway facilities or

infrastructure.

37. Skills certificate shall mean a proof of fulfilling the competence requirements of

tester, examiner, and care worker.

38. Qualifications shall mean level of skills or competence in accordance with the

category of certificate for certain competence.

39. Accreditation shall mean a series of formal acknowledgment stating that an

institution or a legal person has fulfilled the requirements to conduct any

particular activity of certification.

40. Study and education shall mean functional technical study and training in the

domain of railway in accordance with competence standards.

41. Procurement permit or specific railway construction permit hereinafter called

construction permit shall mean a compulsory permit that a business entity

organizing specific railway shall hold.

42. Central Government hereinafter called the Government shall mean the President

of the Republic of Indonesia holding the state government power of the Republic

of Indonesia as referred to in the 1945 State Constitution of the Republic of

Indonesia.

43. Local Government shall mean governor, regent or mayor, and local apparatus as

the element of organizing local government.

44. Minister shall mean Minister in charge of the domain of railway.

Article 2

(1) Railway is organized with a view of expediting mass removal of persons and/or

freight safely, securely, comfortably, quickly, appropriately, efficiently, orderly and

properly arranged.

(2) The railway organizing as referred to in Item (1) is aimed at enhancing the

equality, growth of stability, supporting and actuating national development.


Article 3

(1) Railway arrangement is comprised of:

a. arrangement on public railway;

b. organizing of railway infrastructure and facilities;

c. railway human resources;

d. licensing;

e. management; and

f. train traffic and transport.

(2) The arrangement on train traffic and transport as referred to in Item (1) Sub-item

f shall be incorporated in a separate Government Regulation.

CHAPTER II

ARRANGEMENT ON PUBLIC RAILWAY

Part 1

General

Article 4

(1) The arrangement on public railway as referred to in Article 3 Item (1) sub-item a

covers:

a. national railway;

b. provincial railway; and

c. regency/urban railway.

(2) The arrangement on public railway as referred to in Item (1) constitutes an

integral part of national railway system..

(3) The railway system as referred to in Item (2) shall be integrated with other

transportation modes.

Article 5

(1) To realize the railway arrangement as referred to in Article 4, a railway master

plan shall be formulated.

(2) The railway master plan as referred to in Item (1) shall constitute the plan for

urban and intercity railway development.

(3) The railway development plan as referred to in Item (2) shall comprise railway

development in the existing or to-be-constructed rail track network.


Article 6

(1) The railway master plan as referred to in Article 5 Item (1) shall consist of:

a. national railway master plan;

b. provincial railway master plan; and

c. regency/urban railway master plan.

(2) Railway master plan shall be formulated for a minimum of twenty (20) years’

period.

(3) Railway master plan may be evaluated every five (5) years.

(4) In the event of changes in particular strategic environment, railway master plan

may be evaluated prior to five (5) years’ period.

(5) The outcome of evaluation as referred to in Items (3) and (4) may be considered

changes in railway master plan.

Part 2

National Railway Master Plan

Article 7

(1) National railway master plan shall include:

a. intercity interprovince and intercity intercountry railway master plan; and

b. urban interprovince railway master plan.

(2) National railway master plan shall be formulated having observed:

a. national spatial zoning plan;

b. master plan for other transportation modes; and

c. railway transport needs at national transportation level.

Article 8

The railway transport needs at national transportation level as referred to in Article 7

Item (2) sub-item c shall comprise:

a. removal estimate of persons and/or freight by origin and destination of:

1) intercentre of national activity;

2) between the centre of national activity and that of overseas activity; and

3) between the centre of national activity and that of provincial activity.

b. removal estimate of persons and/or freight by origin and destination from and to

other node of transportation modes to be served by national railway; and

c. estimate of number of passenger in an urban area tresspassing more than a

province.


Article 9

The national railway master plan as referred to in Article 7 shall contain at least:

a. direction of policies and roles of national railway in the entire transportation

modes;

b. estimate of persons and/or freight by origin and destination at national level;

c. national railway infrastructure needs plan;

d. national railway facilities needs plan; and

e. human resources needs plan.

Article 10

The direction of policies and roles of national railway in the entire transportation modes

as referred to in Article 9 sub-item a shall comprise:

a. selection and strategy of intercity railway development in national railway in the

entire urban transportation modes at national transportation level;

b. selection and strategy of urban railway development in national railway in the

entire urban transportation modes at national transportation level;

c. roles of intercity railway transport in national railway in the entire intercity

transportation modes at national transportation level; and

d. roles of urban railway transport in national railway in the entire urban

transportation modes at national transportation level.

Article 11

The removal estimate of persons and/or freight by origin and destination at national

transportation level as referred to in Article 9 sub-item b shall include:

a. estimated removal number of persons and/or freight of intercentre of national

and provincial activities;

b. estimated removal number of persons and/or freight of intercentre of national

and overseas activities;

c. estimated removal number of persons and/or freight from and to other node of

transportation modes to be served by national railway; and

d. estimated removal number of persons in an urban area covering more than a

province.


Article 12

The national railway infrastructure needs plan as referred to in Article 9 sub-item c

shall comprise:

a. plan for intercity and urban railway track in national railway;

b. plan for location and class of intercity and urban railway station in national

railway; and

c. plan for of intercity and urban railway operational facilities in national railway.

Article 13

The national railway facilities needs plan as referred to in Article 9 sub-item d shall

comprise:

a. railway facilities needs plan serving intercity transport in national railway; and

b. railway facilities needs plan serving urban transport in national railway from and

to other node of transportation modes served by national railway..

Article 14

The human resources needs plan as referred to in Article 9 sub-item e shall comprise

human resources needs plan:

a. in the area of intercity railway infrastructure in national railway;

b. in the area of intercity railway facilities in national railway;

c. in the area of urban railway infrastructure in national railway;

d. in the area of urban railway facilities in national railway;

e. for tester of railway infrastructure and facilities; and

f. for national railway manager.

Article 15

Part 3

Provincial Railway Master Plan

Article 16

(1) Provincial railway master plan shall comprise:

a. intercity railway master plan in a province; and

b. urban intercity railway master plan in a province.

(2) The formulation of provincial railway master plan shall take into account:


b. provincial spatial zoning plan;


c. national railway master plan;

d. master plan for network of other transportation modes at provincial

transportation level; and

e. train transport needs at provincial transportation level.

Article 17

The railway transport needs at provincial transportation level as referred to in Article 16

Item (2) sub-item e shall comprise:

a. estimated removal number of persons and freight of provincial intercenter activity

and between provincial intercenter activities with regency/urban center of

activities;

b. estimated removal number of persons and/or freight from and to other node of

transportation modes to be served by provincial railway; and

c. estimated number of passengers in an urban area covering more than a

regency/city area.

Article 18

The formulation of provincial railway master plan shall include at minimum:

a. direction of policies and roles of provincial railway in the entire transportation

modes;

b. removal estimate of persons and/or freight by origin and destination at provincial

level;

c. provincial railway infrastructure needs plan;

d. provincial railway facilities needs plan; and


Article 19

The direction of policies and roles of provincial railway in the entire transportation

modes as referred to in Article 18 sub-item a shall comprise:

a. selection and strategy of intercity railway development in provincial railway in the

entire intercity transportation modes at provincial level;

b. selection and strategy of urban railway development in provincial railway in the

entire urban transportation modes at provincial level;

c. roles of intercity railway transport in provincial railway in the entire urban

transportation modes at provincial level; and


d. roles of urban railway transport in provincial railway in the entire intercity

transportation modes at provincial level.

Article 20

The removal estimate of persons and/or freight by origin and destination at provincial

level as referred to in Article 18 sub-item b shall include:

a. estimated removal number of persons and/or freight of provincial intercentre and

between intercentre of provincial and regency/urban activities;

c. estimated removal number of persons and/or freight from and to other node of

transportation modes to be served by provincial railway; and

d. estimated removal number of persons in an urban area trespassing more than a

regency/city area.

Article 21

The provincial railway infrastructure needs plan as referred to in Article 18 sub-item c

shall comprise:

a. plan for intercity railway track and urban railway in provincial railway;

b. plan for location and class of station of intercity and urban railway in provincial

railway; and

c. intercity and urban railway operational facilities needs plan in provincial railway.

Article 22

The provincial railway facilities needs plan as referred to in Article 18 sub-item d shall

comprise:

a. railway facilities needs plan serving intercity transport in provincial railway; and

b. railway facilities needs plan serving urban transport in provincial railway from and

to other node of transportation modes to be served by provincial railway.

Article 23

The human resources needs plan as referred to in Article 18 sub-item e shall include:

a. human resources needs plan in the domain of intercity railway infrastructure in

provincial railway;

b. human resources needs plan in the domain of intercity railway facilities in

provincial railway;


c. human resources needs plan in the domain of urban railway infrastructure in

provincial railway;

d. human resources needs plan in the domain of urban railway facilities in provincial

railway; and

e. human resources needs plan for provincial railway manager.

Article 24

(1) Provincial railway master plan shall be formulated and approved by governor.

(2) In formulating provincial railway master plan, governor must consult with the

Minister.

Part 4

Regency/Urban Railway Master Plan

Article 25

(1) Regency railway master plan shall comprise:

a. intercity railway master plan in a regency; and

b. urban railway master plan in a regency.

(2) City railway master plan shall constitute urban railway master plan.

(3) Regency/urban railway master plan shall be formulated having observed:


b. provincial spatial zoning plan;

c. regency/urban spatial zoning plan;

d. provincial railway master plan; and

e. master plan for other network of transportation modes at regency/municipal

level; and

f. railway transport needs at regency/municipal transportation level

Article 26

The railway transport needs at regency/urban transportation level as referred to in

Article 25 Item (3) sub-item f shall comprise:

a. estimated number of passengers and freight of intercentre of regency/municipal

activities;

b. removal estimate of persons and/or freight from and to other node of

transportation modes to be served by regency/urban railway; and


c. estimated number of passengers in an urban area covering beyond a regency/city

in a province.

Article 27

The formulation of regency/urban railway master play shall at least comprise:

a. direction of policies and roles of regency/urban railway in the entire

transportation modes;

b. removal estimate of persons and/or freight by origin and destination at

regency/municipal level;

c. regency/ urban railway infrastructure needs plan;

d. regency/ urban railway facilities needs plan; and


Article 28

The direction of policies and roles of regency/ urban railway in the entire transportation

modes as referred to in Article 27 sub-item a shall comprise:

a. selection and strategy of intercity railway development in regency railway in the

entire intercity transportation modes at regency transportation level;

b. selection and strategy of urban railway development in regency/urban railway in

the entire intercity transportation modes at regency/municipal transportation

level;

c. roles of intercity railway transport in regency railway in the entire intercity

transportation modes at regency transportation level; and

d. roles of urban railway transport in regency/ urban railway in the entire urban

transportation modes at regency/municipal transportation level.

Article 29

The estimated removal number of persons and/or freight by origin and destination at

regency/municipal transportation level as referred to in Article 27 sub-item b shall

include:

a. estimated removal number of persons and/or freight of intercenter of

regency/urban activities;

b. estimated removal number of persons and/or freight from and to other node of

transportation modes to be served by regency/ urban railway; and


c. estimated removal number of persons in an urban area covering a regency/city

area.

Article 30

The regency/urban railway infrastructure needs plan as referred to in Article 27 sub-

item c shall comprise:

a. plan for intercity and urban railway track in regency/urban railway;

b. plan for location and class of station of intercity and urban railway in

regency/urban railway; and

c. intercity and urban railway operational facilities needs plan in regency/urban

railway.

Article 31

The regency/urban railway facilities needs plan as referred to in Article 27 sub-item d

shall comprise:

a. needs plan for railway facilities serving intercity transport in regency railway; and

b. needs plan for railway facilities serving urban transport in regency/urban railway

from and to other node of transportation modes to be served by regency/urban

railway.

Article 32

The human resources needs plan as referred to in Article 27 sub-item e shall include:

a. human resources needs plan in the domain of intercity railway infrastructure in

regency railway;

b. human resources needs plan in the domain of intercity railway facilities in regency

railway;

c. human resources needs plan in the domain of urban railway infrastructure in

regency/urban railway;

d. human resources needs plan in the domain of urban railway facilities in


e. human resources needs plan for a regency/urban railway manager.

Article 33

(1) Regency/urban railway master plan shall be formulated and approved by

regent/mayor.


(2) In formulating provincial railway master plan, regent/mayor must consult with

governor and the Minister.

Part 5

Formulation of Railway Master Plan

Article 34

(1) Railway master plan shall be formulated having observed the organizing of

railway infrastructure and facilities in accordance with the type of train that

includes:

a. normal-speed train;

b. high-speed train;

c. monorail train;

d. linear induction motored train;

e. aeromoval;

f. magnetic levitation train;

g. tram; and

h. cable car.

(2) The organizing of infrastructure and facilities in accordance with the type of train

referred to in Item (1) shall at least be according to:

a. speed;

b. technology;

c. activator facilities;

d. type of railroad; and

e. type of construction.

(3) Further provisions on standards in technical specifications of construction or

procurement, operation, and maintenance of infrastructure and facilities of each

type of train as referred to in Item (1) shall be incorporated in Ministrial

Regulation.

Part 6

Plan for Railway Construction

Article 35

(1) To realize the master plan of national, provincial or regency/urban railway, a

railway construction plan shall be formulated.


(2) The railway construction plan as referred to in Item (1) shall be formulated with

reference to railway master plan.

(3) The railway construction plan as referred to in Item (2) shall be formulated and

approved by the Minister, governor, or regent/mayor according to their authority.

(4) The railway construction plan as referred to in Item (3) shall be formulated for a

five (5) years’ period.

(5) The railway construction plan is evaluatable every two (2) years or before two (2)

years in the event of strategic environmental changes.

(6) The outcome of evaluation as referred to in Item (5) may serve as the grounds

for considering changes in railway construction plan.

(7) The railway construction plan as referred to in Item (4) shall at least comprise:

a. location of track network and station;

b. construction of national railway infrastructure;

c. type and number of national railway facilities;

d. human resources needs; and

e. national railway operation.

Article 36

Further provisions on procedures for formulating railway master plan and railway

construction plan shall be incorporated in Ministrial Regulation.

CHAPTER III

ORGANIZING OF RAILWAY INFRASTRUCTURE AND FACILITIES

Part 1

General

Article 37

Railway shall comprise:

a. public railway; and

b. specific railway.

Article 38

(1) Public railway as referred to in Article 37 sub-item a shall be organized to serve

persons and/or freight transport with charges.

(2) Public railway as referred to in Item (1) shall include:

a. urban railway ; and


b. intercity railway.

(3) Specific railway as referred to in Article 37 sub-item b shall be organized by a

business entity in supporting its principal activity.

Article 39

(1) Public railway as referred to in Article 38 Item (1) shall comprise:

a. organizing of railway infrastructure; and/or

b. organizing of railway facilities.

(2) Specific railway as referred to in Article 38 Item (3) shall comprise:

a. organizing of railway infrastructure; and

b. organizing of railway facilities.

Part 2

Organizing of Railway Infrastructure

Paragraph 1

General

Article 40

Railway infrastructure shall include:

a. train track;

b. train station; and

c. train operational facilities.

Article 41

The organizing of railway infrastructure shall include the activities of:

a. constructing infrastructure;

b. operating infrastructure;

c. maintaining infrastructure; and

d. organizing infrastructure.

Paragraph 2

Railway Track

Article 42

Railway track as referred to in Article 40 sub-item a shall include:

a. rail area of railway track;

b. rail belt of railway track; and


c. rail safety belt of railway track.

Article 43

(1) The rail area of train track consisting railroad and plot of land on the left and right

sides of the railroad including the space on the left and right sides, under and

above the railroad used for the railroad construction and for placing train

operationes facilities as well as other auxiliary construction.

(2) The railroad as referred to in Item (1) may be situated:

a. on the ground;

b. under the ground; and

c. above the ground.

(3) In rail area of track, there shall be space clear of any sorts of hurdles and

blockages on the left and right sides of the railroad, above and under the railroad.

(4) The clear space as referred to in Item (3) shall be adjusted to the type of train

that will be operated.

Article 44

The construction of railroad as referred to in Article 43 Item (2) shall comprise:

a. upper part railroad construction; and

b. lower part railroad construction.

Article 45

(1) The construction of upper part of railroad as referred to in Article 44 sub-item a n

a railroad situated on, under, and above the ground shall at least comprise:

a. rail or pointer;

b. fastening; and

c. sleepers and ballast, or slab track.

2) In the event that the construction of upper part of railroad on a railroad is

situated above the ground for monorail and cable car, it shall at least be

comprised of rail or pointer.

Article 46

(1) The lower part of railroad construction as referred to in Article 44 sub-item b on

an on-the-ground railroad in the form of road body shall at least comprise:

a. subgrade; and


b. subsoil.

(2) The lower part railroad construction as referred to in Article 44 sub-item b on the

ground situated in a tunnel shall at least comprise:

a. supporting construction;

b. lining;

c. invert; and

d. portal.

(3) The lower part railroad construction as referred to in Article 44 sub-item b on a

railroad situated under the ground that may be called a tunnel shall at least

comprise:

a. lining; and/or

b. invert.

(4) The lower part railroad construction as referred to in Article 44 sub-item b on a

railroad situated on the ground that may be called a bridge shall at least

comprise:

a. upper part of bridge construction; and

b. lower part of bridge construction.

Article 47

(1) Rail area of train track is facilitated with side waterworks of train track for

recevoir and water distribution to make the railway track water-free.

(2) The size of side waterworks of railway track shall be adjusted to surface

discharge.

(3) The side waterworks of railway track shall be constructed for an easy periodical

maintenance.

Article 48

(1) The placement of train operational facilities as well as other auxiliary construction

at the rail area of train track as referred to in Article 43 Item (1) shall fulfill the

requirements of:

a. being outdoor on a clear space; and

b. non disruption to the stability of railroad construction.

(2) Apart from fulfilling the requirements as referred to in Item (1), the placement of

other auxiliary construction at the rail area of train track shall not disrupt clear

sight of the machinist.


Article 49

(1) Rail area boundary of train track for on-the-ground railroad shall be measured

from the outer rim of railroad including the plot of land on its left and right sides

which is used for construction of railroad, including the plot of land for placing

train operational facilities and other auxiliary construction.

(2) The rail area of railway track as referred to in Item (1) including the under

ground and space above the ground which is as high as the highest limit of clear

space plus construction space for the placement of train operational facilities.

Article 50

(1) In the event of that the rail area boundary of train track for on-the-ground

railroad is on a bridge, the rail area of train track shall be measured from the

outermost bridge construction including lower-end construction and/or pillar

including foundation.

(2) In the event that the outer rim of bridge construction is included in the lower-end

construction and/or pillar including the foundation which is smaller than the outer

rim of railroad construction, the rail area boundary of train track shall be

measured from the outermost side.

Article 51

(1) The rail area boundary of train track for on-the-ground railroad in a tunnel shall

be measured from the outermost tunnel construction.

(2) The rail area boundary of train track for railroad under the ground shall be

measured from the outermost construction of railroad under the ground including

train operational facilities.

(3) The rail area boundary of train track for railroad on the ground shall be measured

from the outermost rim between the construction of railroad or that of train

operational facilities or clear space of railway facilities.

Article 52

(1) Railway infrastructure manager shall put up boundary signs of train track rail area

and prohibition signs.

(2) The boundary signs as referred to in Item (1) shall be in the form of clearly seen

poles or fence.


(3) Each boundary sign in the form of poles as referred to in Item (2) shall be of a

maximum of one (1) kilometer’s distance or adjusted to the condition of train

track.

(4) The prohibition signs referred to in Item (1) shall be in the form of an

announcement board of other means specifying the prohibition and sanction.

Article 53

(1) Any person shall be prohibited from entering or being in rail area of train track

except the railway officer having the assignment letter from railway infrastructure

manager.

(2) The assignment letter as referred to in Item (1) shall be granted for the purposes

of:

a. maintenance;

b. construction;

c. survey and research;

d. preliminary inquiry;

e. examination; or

f. testing.

(3) The assignment letter as referred to in Item (1) is not required should the work

be carried out for handling accident and disaster.

(4) For purposes other than those referred to in Item (2), any persons entering rail

area of train track shall obtain the consent from railway infrastructure manager.

(5) The granting of licence as referred to in Item (4) shall take into consideration the

safety and smoothness of train operation.

Article 54

Railway infrastructure manager shall keep clear the ground surface that has a tunnel

railroad under it as referred to in Article 51 Item (1) from any activities whatsoever

that may disrupt railroad construction.

Article 55

(1) The rail area of train track on the ground under a bridge and on the ground may

be utilized for other purposes provided that:

a. there is no disruption to railroad construction;

b. there is no placement of flammable or explosive stuff; and


c. it does not endanger the safety of train trip.

(2) The utilization of rail area of train track as referred to in Item (1) shall obtain the

consent from railway infrastructure owner.

Article 56

Further provisions on rail area of train track shall be incorporated in Ministrial

Regulation.

Article 57

The rail belt of train track shall include the plot of land on the left and right sides of rail

area of train track used for securing railroad construction.

Article 58

(1) The rail belt boundary of train track for on-the-ground railroad shall be measured

from the outermost left and right sides of rail area of train track, the width of

which shall be six (6) metre at minimum.

(2) The rail belt boundary of train track for underground railroad shall be measured

from the outermost left and right sides, and lower, upper parts of rail area of

train track, the width of which shall be six (6) metre at minimum.

(3) The rail belt boundary of train track for on-the-ground railroad shall be measured

from the outermost left, right sides and lower, upper parts of rail area of train

track, the width of which shall be six (6) metre at minimum.

(4) In the event that the on-the-ground railroad coincides with the road, the rail belt

boundary of train track may coincide with rail area boundary of train track.

Article 59

(1) The rail belt of train track may be used for other purposes by consent of railway

infrastructure owner provided that they do not endanger the railroad

construction, train operational facilities, and train trip.

(2) Other purposes as referred to in Item (1) may take the form of :

a. gas pipe;

b. oil pipe;

c. water pipe;

d. telephone cable;

e. electricity cable; or


f. telecommunication tower.

Article 60

Further provisions on rail belt of train track shall be incorporated in Ministrial

Regulation.

Article 61

(1) The rail safety belt of train track shall include a plot of land or other plot on the

left and right sides of rail belt of train track used for securing and expediting train

operation.

(2) The rail safety belt boundary of train track for on-the-ground railroad shall be

measured from the outermost left and right sides of rail belt of train track as wide

as nine (9) meter each.

(3) In the event that the on-the-ground railroad is on a bridge across a river, the

width of which is more than ten (10) meter, the rail safety belt boundary of train

track shall be of fifty (50) meter long each to the direction of down stream and

up stream.

Article 62

The rail area, rail belt, and rail safety belt of train track for trem shall be in adherence

to the provisions applicable to the rail area, rail belt, and rail safety belt of the road.

Article 63

(1) The land in rail safety belt of train track may be utilized for other purposes

provided that they do not endanger train operation.

(2) The other activities that do not endanger train operation as referred to in Item

(1) shall take the form of :

a. embedment/construction that does not disrupt clear sight of machinist both

in the track and in the crossings;

b. any activitiy that does not cause disruption to the function of train signaling

and telecommunication.

Article 64

Further provisions on rail safety belt of train track shall be incorporated in Ministrial

Regulation.


Article 65

(1) For the purpose of operation and maintenance of train track, train track is

classified into a number of classes.

(2) Classification of train track shall be made according to:

a. the permissible speed;

b. the permissible maximum axle load; and

c. train traffic frequency.

(3) The train track class as referred to in Item (1) shall comprise 5 (five) classes.

(4) The classification of train track as referred to in Item (1) is for normal-speed

train.

Article 66

Track class may be upgraded into a higher one by consent of:

a. Minister if it pertains to national train track network;

b. governor if it pertains to provincial train track network; and

c. regent/mayor if it pertains to regency/urban train track network.

Article 67

(1) Train track may form an integral part of train track network.

(2) The train track network as referred to in Item (1) shall comprise:

a. public train track network; and

b. specific train track network.

Article 68

(1) The public train track network as referred to in Article 67 Item (2) sub-item a

shall include the following:

a. national train track network, the network of which trespasses a provincial

area is specified by Minister;

b. provincial train track network, the network of which trespasses a

regency/municipal area is specified by governor; and

c. regency/urban train track network, the network of which is within a

regency/municipal area is specified by regent/mayor.

(2) Minister, governor, or regent/mayor in specifying public train track network shall

refer to railway master plan having observed:

a. train track class; and


b. train transport needs

Article 69

(1) The train track network and other train track network as well as other

transportation modes shall be integrated at train station.

(2) Train station constitutes nodes integrating:

a. train track network with other train track network; and

b. train track network with other transportation modes.

Article 70

(1) Train track network for railway organized by a number of railway infrastructure

managers may be connected, contiguous or separate one another.

(2) Train track network for railway organized by a number of railway infrastructure

managers which are connected or contiguous each other shall be run in a co-

operation inter railway infrastructure managers.

(3) The connected train track as referred to in Item (2) shall observe the aspect of

safety and security of train operation and fulfill the following requirements:

a. it is connected at station;

b. it has the same size or smaller clear space;

c. it has railroad of same width;

d. it has axle load that does not exceed the requirement;

e. environmental impact assessment or attempts in managing environment

(UKL) and attempts in monitoring environment (UPL); and

f. it is facilitated with interface device in the event of different signaling

system.

(4) In the event of that the contiguity as referred to in Item (2) is made at the

station, the following requirements shall be met:

a. it has clear space of each contiguous track; and

b. it fulfills the safety of removal of persons and freight.

Article 71

A number of railway facilities managers may use one public train track with the consent

of railway infrastructure manager having observed the requirements for railway

infrastructure operation.


Article 72

(1) The specific train track network as referred to in Article 67 Item (2) sub-item b

shall include:

a. specific train track network, the network of which trespasses one provincial

area is specified by Minister;

b. specific train track network, the network of which trespasses a

regency/municipal area is specified by governor; and

c. specific train track network, the network of which is within a

regency/municipal area is specified by regent/mayor.

(2) Minister, governor, or regent/mayor in specifying specific train track network shall

refer to spatial zoning plan and observe railway master plan and principal

business activity.

Article 73

Further provisions on procedures for determining train track class, general and specific

train track network shall be incorporated in Ministrial Regulation.

Article 74

Construction of road, specific train track, canal, waterworks, and/or other infrastructure

requiring joint, intersection and/or contiguity with public train track shall be conducted

provided that it is for public interest and it does not endanger the safety of train trip.

Article 75

Intersection between train track and road is made out of plane.

Article 76

(1) The out-of-plane intersection as referred to in Article 75 may be above or under

train track.

(2) The out-of-plane intersection above train track as referred to in Item (1) shall

meet at least the following requirements:

a. it is in clear space;

b. it does not disrupt clear sight;

c. it does not disrupt railroad construction stability;

d. it is in accordance with train track development plan;

e. it does not disrupt waterwork function; and


f. it does not disrupt other auxiliary construction / buildings.

(3) The out-of-plane intersection under train track as referred to in Item (1) shall

meet at least the following requirements:

a. the railroad construction shall be in accordance with the requirements for

train bridge;

b. the road under train track shall not disrupt railroad construction;

c. the clear space under train track shall be in accordance with road class; and

d. the intersection shall be facilitated with safeguarding device of bridge

construction.

Article 77

(1) Coplanar intersection shall only be made if:

a. the geographical location is not possible for constructing an out-of-plane

intersection;

b. it neither endangers nor disrupts the smoothness of train operations and

road traffic; and

c. it is on a single track of low frequency and train speed.

(2) To ensure safety and smoothness of train trip and road traffic, coplanar

intersection shall meet the following requirements:

a. it shall not disrupt clear sight of machinist and road users;

b. it shall be facilitated with traffic signs and signaling equipment;

c. it shall be limited to road class III (three) only; and

d. it meets the technical standards specifications of coplanar intersection

developed by the Minister.

(3) The coplanar intersection as referred to in Item (1) is temporary and shall be

made out of plane if:

a. one of the requirements in Item (2) is not met;

b. the train is of high frequency and speed; and/or

c. the road traffic is of high frequency and speed.

Article 78

To protect the safety and smoothness of train operation in a coplanar intersection, road

users must give precedence to train trip.


Article 79

(1) Minister, governor, or regent/mayor according to their authority shall periodically

evaluate coplanar intersections.

(2) Having observed the outcome of evaluation as referred to in Item (1), the

minister in charge of the domain of road, governor or regent/mayor may close

coplanar intersections.

Article 80

Road construction requiring a contiguity with train track shall meet the requirements

below:

a. it is outside the rail area of the track;

b. it does not disrupt clear sight;

c. it does not disrupt railrod construction stability;

d. it observes train track development plan;

e. it does not disrupt side waterworks function; and

f. it does not disrupt other auxiliary construction / buildings.

Article 81

(1) Construction of specific train track requiring an intersection with public train track

shall be made out of plane.

(2) The construction of specific train track khusus as referred to in Item (1) shall

meet the following requirements:

a. it is outside the rail area of the track;

b. it does not disrupt railroad construction;

c. it observes public train track development plan;

d. it does not disrupt other auxiliary construction / buildings; and

e. railroad construction is in adherence to the requirements for train bridge.

Article 82

The construction of canal, waterwork, and/or other infrastructure requiring intersection

and/or contiguity with train track shall meet the following requirements:

a. it fulfills the technical specifications of intersection;

b. it does not disrupt railroad construction;

c. it is outside the rail area of train track;

d. it observes public train track development plan;


e. it does not disrupt other auxiliary construction / buildings; and

f. it is facilitated with train track safeguarding.

Article 83

(1) The construction as referred to in Article 74 must obtain a consent from railway

infrastructure owner.

(2) Prior to granting consent, the railway infrastructure owner as referred to in Item

(1) should obtain the approval from Minister.

(3) Construction, operation, maintenance, and safety of intersection between train

track and road shall be the liabilities of licence holders.

Article 84

Further provisions on technical specifications and requirements for joint, intersection

and/or contiguity shall be incorporated in Ministrial Regulation.

Paragraph 3

Train Station

Article 85

Train station shall include:

a. type of train station;

b. class of train station; and

c. activity at train station.

Article 86

(1) The train station as referred to in Article 40 sub-item b by type shall comprise:

a. passenger station;

b. freight station; or

c. operational station.

(2) Train station function as the point of departure and stop of the train in serving:

a. embarkation and disembarkation of passenger;

b. loading and unloading of freight; and/or

c. train operational needs.


Article 87

The passenger station as referred to in Article 86 Item (1) sub-item a shall at lease be

facilitated with the facilities for:

a. safety;

b. security;

c. comfort;

d. embarkation and disembarkation of passenger;

e. the disables;

f. health;

g. publics;

h. waste disposal; and

i. information.

Article 88

(1) Passenger station shall comprise:

a. station yard; and

b. station building.

(2) The yard of passenger station shall at least include:

a. railroad;

b. train operational facilities; and

c. drainage.

(3) Passenger station shall at least include:

a. building;

b. supporting installation; and

c. platform.

Article 89

The freight station as referred to in Article 86 Item (1) sub-item b shall at lease be

facilitated with the facilities for:

a. safety;

b. security;

c. loading and unloading;

d. publics; and

e. waste disposal.


Article 90

(1) Freight station shall comprise:



(2) The yard of freight station shall at least include:

a. railroad;


c. drainage.

(3) Station building shall at least include:

a. building; and

b. supporting installation.

Article 91

(1) For the purpose of loading and unloading outside the station, a railroad may be

constructed to connect the station to the loading-unloading point.

(2) The railroad construction as referred to in Item (1) shall be done in adherence to

railroad technical requirements and facilitated with train operational facilities.

Article 92

The operational station as referred to in Article 86 Item (1) sub-item c shall be

facilitated with the facilities for train safety and operation.

Article 93

(1) Operational station shall comprise:



(2) The yard of operational station shall include at minimum:

a. railroad;

b. facilities for train operation; and

c. drainage.

(3) Operational station building shall include at minimum:

a. building; and

b. supporting installation.


Article 94

The activities at train station as referred to in Article 85 sub-item c shall include:

a. principal activities;

b. business-supporting activities; and

c. special service activities.

Article 95

The principal activities at station as referred to in Article 94 sub-item a shall include:

a. arranging train trip;

b. rendering services to train services users;

c. maintaining security and orderliness; and

d. keeping environmental cleanliness.

Article 96

(1) The business-supporting activities of station organizing as referred to in Article 94

sub-item b shall be conducted to support organizing railway.

(2) The business-supporting activities may be carried out by other party by consent

of railway infrastructure manager.

Article 97

(1) Business-supporting activities at station may be carried out by railway

infrastructure manager provided that:

a. it does not disrupt train movement;

b. it does not disrupt passenger and/or freight movement;

c. it does not disrupt orderliness and security; and

d. it does not disrupt environmental cleanliness.

(2) In performing business-supporting activities, railway infrastructure manager shall

prioritize space management for the purpose of station principal activity.

Article 98

(1) The activities of specific services at the station as referred to in Article 94 sub-

item c may be performed by other party by consent of railway infrastructure

manager in the form of services for:

a. passenger waiting hall;

b. loading and unloading;


c. warehousing;

d. vehicle parking; and/or

e. bailment.

(2) Railway infrastructure manager may impose tariffs on the users of specific

services as referred to in Item (1).

(3) Railway infrastructure manager grants the approval as referred to in Item (1) if

the facilities as referred to in Articles 87 and 89 have been provided.

Article 99

(1) Passenger station is classified into:

a. major class;

b. medium class; and

c. minor class.

(2) The classification of train station class as referred to in Item (1) shall be made in

accordance to the following criteria:

a. operational facilities;

b. number of lines;

c. supporting facilities;

d. traffic frequency;

e. number of passenger; and

f. amount of goods.

(3) The station class as referred to in Item (1) is counted according to weight

multiplication of each criteria and component value.

Article 100

(1) The determination station class as referred to in Article 99 shall be made by:

a. Minister if it pertains to station at national network of railway track;

b. governor if it pertains to station at provincial network of railway track; and

c. regent/mayor if it pertains to station at regency/municipal network of

railway track.

(2) The station classification as referred to in Item (1) shall be made under Minister’s

guidance.

Article 101


Further provisions on type, activity, and class of train station shall be incorporated in

Ministrial Regulation.

Paragraph 4

Railway Operational Facilities

Article 102

The railway operational facilities as referred to in Article 40 sub-item c shall include:

a. signaling devices;

b. telecommunication equipment; and

c. electrical installation.

Article 103

The signaling devices as referred to in Article 102 sub-item a shall comprise:

a. signal;

b. mark; and

c. signage.

Article 104

The signal as referred to in Article 103 sub-item a shall comprise:

a. indoor device; and

b. outdoor device.

Article 105

(1) The indoor device as referred to in Article 104 sub-item a shall comprise:

a. electrical device; and

b. mechanical device.

(2) The electrical device as referred to in Item (1) sub-item a shall at least include:

a. interlocking; and

b. services panel.

(3) The mechanical device as referred to in Item (1) sub-item b shall at least include:

a. interlocking; and

b. block instrument.

Article 106

(1) The outdoor device as referred to in Article 104 sub-item b shall comprise:


a. electrical device; and

b. mechanical device.

(2) The electrical device shall include at minimum:

a. electronic signaling tools

b. electronic gear drive; and

c. railway facility detector

(3) The mechanical device shall include at minimum:

a. mechanic signaling tools; and

b. mechanic gear drive.

Article 107

(1) The mark as referred to in Article 103 sub-item b shall take the form of:

a. sound;

b. light;

c. flag; or

d. colored board.

(2) In the event of non-electrical signaling system, the signaling may be conducted

by train trip controller.

Article 108

(1) The signage as referred to in Article 103 sub-item c may take the form of:

a. border signage;

b. signal signage;

c. machinist-reminder signage;

d. slope signage;

e. curve signage; and

f. kilometer signage.

(2) The signage as referred to in Item (1) shall be made of weatherproof material in

distinctive shape and size.

Article 109

Further provisions on size, position, installation, technical specifications of electrical

signaling device shall be incorporated in Ministrial Regulation.


Article 110

(1) The telecommunication equipment as referred to in Article 102 sub-item b shall at

least include:

a. phone handset; and

b. voice recorder.

(2) The telecommunication equipment as referred to in Item (1) functions to convey

information and/or communicate in the purpose of train operation.

Article 111


telecommunication device shall be incorporated in Ministrial Regulation.

Article 112

(1) The electrical installation as referred to in Article 102 sub-item c shall comprise:

a. electrical power supply; and

b. power transmission equipment.

(2) The electrical installation as referred to in Item (1) shall be used:

a. to move electric train;

b. to make signaling devices of electric train functional;

c. to make telecommunication equipment functional; and

d. to make other supporting facilities functional.

Article 113


installation shall be incorporated in Ministrial Regulation.

Paragraph 5

Construction of Railway Infrastructure

Article 114

(1) Construction of railway infrastructure shall include:

a. construction of train track;

b. construction of train station; and

c. construction of train operational facilities.

(2) Each and every construction of railway infrastructure as referred to in Item (1)

shall comply with the technical requirements of railway infrastructure.


(3) The technical requirements as referred to in Item (2) shall be established by

Minister.

Article 115

(1) Prior to conducting the construction of railway infrastructure, Minister, governor,

regent/mayor, according to their authority, decide the alignment of train track in

accordance with railway master plan.

(2) The alignment of train track as referred to in Item (1) shall at least include:

a. co-ordinate points;

b. station location;

c. land space needs plan; and

d. drawing scale.

(3) Governor or regent/mayor in determining the alignment of train track as referred

to in Item (1) shall obtain prior approval from Minister.

Article 116

Further provisions on procedure for determing the alignment of train track shall be

incorporated in Ministrial Regulation.

Paragraph 6

Railway Infrastructure Operation

Article 117

An operated railway infrastructure must fulfill the requirements for:

a. technical worthiness; and

b. operational worthiness.

Article 118

The technical worthiness as referred to in Article 117 sub-item a shall include:

a. system requirements; and

b. component requirements.

Article 119

The requirements for railway infrastructure system shall include:

a. railroad system;

b. bridge railroad;

c. tunnel system;


d. station system;

e. signaling device system;

f. telecommunication device system; and

g. electricity installation system.

Article 120

The railroad system as referred to in Article 119 sub-item a shall include:

a. upper part construction; and

b. lower part construction

Article 121

(1) The upper part construction as referred to in Article 120 sub-item a shall fulfill the

requirements of:

a. geometrics;

b. clear space;

c. axle load; and

d. frequency.

(2) The geometric requirements as referred to in Item (1) sub-item a shall enable the

railway facilities to pass the construction in accordance with speed design.

(3) The clear space requirements as referred to in Item (1) sub-item b shall be in

accordance with type of railway facilities to be operated.

(4) The axle load requirements as referred to in Item (1) sub-item c shall fulfill

technical requirements in accordance with track class.

(5) The frequency requirements as referred to in Item (1) sub-item d shall fulfill track

capacity.

Article 122

The lower part construction as referred to in Article 120 sub-item b shall meet the

requirements of:

a. construction stability; and

b. bearing capacity.


Article 123

The bridge system as referred to in Article 119 sub-item b shall fulfill the requirements

of:

a. axle load;

b. subsidence;

c. construction stability; and

d. clear space.

Article 124

The tunnel system as referred to in Article 119 sub-item c shall fulfill the requirements

of:

a. clear space;

b. geometrics;

c. axle load;

d. construction stability; and

e. waterproofness.

Article 125

The train system as referred to in Article 119 sub-item d shall be capable of:

a. catering for passengers and/or freight in accordance with station class; and

b. serving train trip operation.

Article 126

(1) The signaling device system as referred to in Article 119 sub-item e shall

comprise:

a. indoor signaling device system; and

b. outdoor signaling device system.

(2) The indoor signaling device system as referred to in Item (1) sub-item a shall

comprise:

a. electric signaling device system; and

b. mechanic signaling device system.

(3) The electric signaling device system as referred to in Item (2) sub-item a shall at

least meet the requirements of:

a. safety;

b. high degree of reliability;


c. safe-proven technology;

d. easy maintenance;

e. being equipped with data recorder; and

f. being equipped with lightning protection system.

(4) The mechanic signaling device system as referred to in Item (2) sub-item b shall

at least meet the requirements of:

a. high degree of reliability; and

b. easy maintenance.

(5) The outdoor signaling device system as referred to in Item (1) sub-item b shall

comprise:

a. electric signaling device system; and

b. mechanic signaling device system.

(6) The electric signaling device system as referred to in Item (5) sub-item a shall

meet the requirements of:

a. being weatherproof;


c. using safe-proven technology;

d. safety;

e. easy maintenance; and


(7) The mechanic signaling device system as referred to in Item (5) sub-item b shall



b. high degree of reliability; and

c. easy maintenance.

Article 127

The telecommunication device system as referred to in Article 119 sub-item f shall


a. selective nature of call;

b. clean and clear sound of the received information;

c. high degree of reliability;

d. being equipped with a voice recorder;

e. easy maintenance; and



Article 128

(1) The electricity installation system as referred to in Article 119 sub-item g shall

comprise:

a. system for electrical power supply; and

b. system for electrical transmission device.

(2) The system for electrical power supply as referred to in Item (1) sub-item a shall


a. connectability one another;


c. using safe-proven technology;

d. providing stable tension;

e. being equipped with lightning protection system; and

f. easy maintenance.

(3) The system for electrical transmission device as referred to in Item (1) sub-item b

shall at least meet the requirements of:

a. high degree of reliability;

b. being equipped with lightning protection system; and


Article 129

The component requirements as referred to in Article 118 sub-item b shall include:

a. component for railroad;

b. component for bridge;

c. component for tunnel;

d. component for station;

e. component for signaling device

f. component for telecommunication device; and

g. component for electrical installation.

Article 130

The component for railroad as referred to in Article 129 sub-item a shall comprise:

a. subsoil;

b. subgrade;

c. subballast;


d. ballast;

e. sleepers;

f. fastener;

g. rail; and

h. turnouts.

Article 131

(1) The component for bridge as referred to in Article 129 sub-item b shall comprise:

a. upper part of bridge construction;

b. lower part of bridge construction; and

c. protective construction.

(2) A bridge may be facilitated with the supporting facilities in the form of:

a. inspection road;

b. shelter; and/or

c. cable box.

Article 132

The component for tunnel as referred to in Article 129 sub-item c shall comprise:

a. portal;

b. invert;

c. lining; and

d. supporting facilities.

Article 133

The component for station as referred to in Article 129 sub-item d shall comprise:



Article 134

The yard as referred to in Article 133 sub-item a shall comprise:

a. railroad;


c. drainage.

Article 135


The station building as referred to in Article 133 sub-item b shall comply with

construction and building technical requirements in compliance with law and

regulations concerning construction and building.

Article 136

(1) The component for signaling device as referred to in Article 129 sub-item e shall

comprise:

a. component for indoor signaling device; and

b. component for outdoor signaling device system.

(2) The component for indoor signaling device as referred to in Item (1) sub-item a

shall comprise:

a. component for electric signaling device; and

b. component for mechanic signaling device.

(3) The component for electric signaling device as referred to in Item (2) sub-item a

shall at least fulfill the requirements of:

a. safety (fail safe);


c. temperature resistance;

d. being equiped with component function indicator; and

e. easy maintenance.

f. being equipped with protection system against lightning.

(4) The component for mechanic signaling device as referred to in Item (2) sub-item

b shall fulfill the requirements for:

a. high degree of reliability;


(5) The component for outdoor signaling device as referred to in Item (1) sub-item b

shall comprise:

a. electric signaling; dan

b. mechanic signaling.

(6) The component for electric signaling device as referred to in Item (5) sub-item a

shall fulfill the requirements for:





(7) The component for mechanic signaling device as referred to in Item (5) sub-item

b shall fulfill the requirements for:




Article 137

The component for telecommunication device as referred to in Article 129 sub-item f

shall at least fulfill the requirements for:



Article 138

The component for electrical installation as referred to in Article 129 sub-item g shall at

least fulfill the requirements for:



Article 139

(1) The requirements for operational worthiness as referred to in Article 117 sub-item

b constitutes those for the capability of railway infrastructure in accordance with

railway operation plan.

(2) The capability of railway infrastructure as referred to in Item (1) shall fulfill the

requirements for:

a. axle load;

b. speed;

c. frequency; and

d. clear space.

Article 140

Further provisions on component, technical requirements and operational-worthiness of

railway infrastructure shall be incorporated in Ministrial Regulation.


Article 141

(1) In order to ascertain technical and operational worthiness of railway

infrastructure as referred to in Article 117, a testing and examination must be

undergone.

(2) The testing as referred to in Item (1) shall include:

a. initial testing; and

b. periodic testing.

Article 142

(1) The initial testing as referred to in Article 141 Item (2) sub-item a, must be

undergone for a new railway infrastructure and for railway infrastructure having

changes in technical specifications.

(2) The initial testing as referred to in Item (1) shall comprise:

a. design testing; and

b. function testing.

Article 143

The design testing as referred to Article 142 Item (2) sub-item a shall be undergone on

every type of railway infrastructure.

Article 144

It is unnecessary to undergo a design testing on the type and component of structure

which is constructed at another site using the same type as the type and/or component

that has earned the certificate of initial testing.

Article 145

(1) The function testing as referred to in Article 142 Item (2) sub-item b shall be

undergone in order to ascertain that the railway infrastructure may function in

accordance with the design and technical requirements.

(2) The function testing as referred to in Item (1) shall be undergone on every type

of railway infrastructure.

(3) The function testing as referred to Item (1) shall include that on:

a. railroad;

b. bridge and tunnel;

c. station;


d. signaling device;

e. telecommunication device; and

f. electric installation.

Article 146

(1) The testing on railroad function shall at least include the testing on:

a. clear space;

b. speed;

c. axle load; and

d. drainage.

(2) The testing on bridge and tunnel function shall at least include the testing on:

a. clear space; and

b. axle load.

(3) The testing on station function shall at least include the testing on:

a. axle load;

b. building capacity;

c. platform capacity;

d. speed; and

e. axle load.

(4) The testing on signaling device function shall at least include the testing on:

a. negative check;

b. service indicator;

c. accuracy; and

d. visibility.

(5) The testing on telecommunication device function shall at least include the testing

on:

a. clarity of the heard information/voice; and

b. voice recording.

(6) The testing on electricity installation function shall at least include the following

testing:

a. the produced tension shall be stable; and

b. tension and capacity shall be in accordance with the needs.


Article 147

(1) Railway infrastructure having technical changes as referred to in Article 142 Item

(1) shall obtain prior consent from Minister.

(2) The changes in technical specifications as referred to in Item (1) shall take place

if railway infrastructure has changes in:

a. track class;

b. design; or

c. technology.

Article 148

(1) The railway infrastructure passing an initial testing shall be awarded a certificate

of initial testing by:

a. Minister;

b. a Minister-accredited legal person;

or

c. a Minister-accredited institution.

(2) The certificate of initial testing as referred to in Item (1) shall be in effect

perpetually.

(3) The certificate of initial testing as referred to in Item (1) shall be invalid should

there be any changes in technical specifications.

Article 149

(1) The periodic testing as referred to in Article 141 Item (2) sub-item b shall be

undergone to ensure the worthiness of railway infrastructure.

(2) The periodic testing as referred to in Item (1) shall be undergone on the function


(3) The periodic testing as referred to in Item (1) must be undergone on every type

of the operated railway infrastructure.

Article 150

(1) The periodic testing on railway infrastructure function as referred to in Article 149

Item (2) is undergone with reference to testing guideline formulated by Minister.

(2) The guidance as referred to in Item (1) shall be formulated with reference to

technical design and requirements of railway infrastructure.


Article 151

(1) The periodic testing as referred to in Article 149 Item (3) must be undergone on

every type of railway infrastructure according to the schedule.

(2) The schedule as referred to in Item (1) is specified by Minister in accordance with

technical specifications, level of usage, and environment condition of every type


Article 152

(1) In the event that railway infrastructure conducts a repair due to certain degree

damage, a functional testing shall be undergone behind the schedule.

(2) Minister determines certain degree of damage as referred to in Item (1).

Article 153

(1) The railway infrastructure passing a periodic testing shall be awarded a certificate

of periodic testing.

(2) The certificate of periodic testing as referred to in Item (1) has the validity

according to the schedule of periodic testing.

Article 154

(1) Initial and periodic testing on railway infrastructure must use testing equipment

according to the type of railway infrastructure.

(2) The testing equipment as referred to in Item (1) must be calibrated in compliance

with laws and regulation.

Article 155

Further provisions on procedure for initial and periodic testing on railway infrastructure

and procedure for awarding certificate shall be incorporated in Ministrial Regulation.

Article 156

(1) The testing on railway infrastructure is undergone by Minister.

(2) Minister may delegate the implementation of testing to:

a. a minister-accredited legal person; atau

b. a minister-accredited institution.

(3) To obtain the accreditation as referred to in Item (2), the following requirements

shall be met:


a. administrative requirements; and

b. technical requirements.

Article 157

(1) The administrative requirements as referred to in Article 156 Item (3) sub-item a

shall at least include:

a. Articles of Association;

b. Tax Payer’s Registration Number; and

c. Certificate of Domicile.

(2) The technical requirements as referred to in Article 156 Item (3) sub-item b shall

at minimum have:

a. an examiner certified according to the type of railway infrastructure;

b. an office and a place for testing; and

c. testing facilities and equipment according to the type of railway

infrastructure.

Article 158

(1) The testing of railway infrastructure shall be undergone at the place of railway

infrastructure and/or at the testing place according to the type or component for

railway infrastructure.

(2) The testing as referred to in Item (1) shall be undergone using testing equipment

by testing officers holding the skills certificate in accordance with testing

procedure established by Minister.

Article 159

(1) The legal person or institution testing railway infrastructure must:

a. undergo the testing in accordance with the certificate of accreditation;

b. maintain the quality of the undergone testing;

c. plan and report on every undergone testing;

d. use testing equipment; and

e. follow the procedure for testing railway infrastructure.

(2) Minister shall supervise and evaluate the execution of obligation as referred to in

Item (1).


Article 160

(1) The legal person or institution testing railway infrastructure shall periodically

report the practice of the testing to Minister.

(2) The report as referred to in Item (1) shall be used by Minister as the grounds for

consideration of granting an accreditation renewal.

Article 161

(1) The testing as referred to in Article 156 shall be charged with fee.

(2) The amount of testing fee of the testing undergone by Minister is specified in

accordance with laws and regulation.

(3) In the event that the testing is undergone by a legal person or a testing

institution, the amount of tariffs on testing fee is specified by said legal person

or testing institution with reference to the component for testing determined by

Minister.

Article 162

Further provisions on procedure for application and grant of accreditation of a legal

person or an institution shall be incorporated in Ministrial Regulation.

Article 163

(1) Railway infrastructure manager must undergone an examination to ascertain the

worthiness of railway infrastructure.

(2) The examination as referred to in Item (1) shall take the form of examination for

the condition and function of railway infrastructure.

(3) The examination of railway infrastructure shall include:

a. periodic examination; and

b. unscheduled examination.

Article 164

(1) The examination of railway infrastructure shall be undertaken by the examiner

meeting the qualifications for skills.

(2) The examination of railway infrastructure as referred to in Item (1) shall be

undertaken with reference to the guidance on examination formulated by railway

infrastructure manager.


(3) The guidelines on examination as referred to in Item (2) shall be formulated with

reference to the implementing guidance formulated by Minister.

Article 165

The guidance on examination as referred to in Article 163 Item (3) shall serve as the

grounds for Minister to supervise the implementation of examining railway

infrastructure.

Article 166

(1) In carrying out an examination, an examiner of railway infrastructure shall:

a. observe the utilization and condition of the parts of railway infrastructure;

b. submit the written report to railway infrastructure manager on the outcome

of observation at least once a month;

c. convey the suggestions for actions to railway infrastructure manager on the

outcome of observation or the competent institution.

(2) Pursuant to the report and suggestions from the examiner, railway infrastructure

manager must undergo a repair.

Article 167

Railway infrastructure manager shall periodically report to Minister the implementation

of examination on railway infrastructure.

Article 168

(1) Minister, governor, or regent/mayor according to their authority shall supervise

the railway infrastructure organized by railway infrastructure manager.

(2) With regard to the supervision as referred to in Item (1), the technical and

operational supervision shall be exercised by the inspector of railway

infrastructure appointed in accordance with laws and regulation.

(3) The inspector of railway infrastructure as referred to in Item (2) shall have the

qualifications for skills in the domain of railway infrastructure supervision.

(4) The qualifications for skills as referred to in Item (3) shall be determined by

Minister.


Article 169

The supervision as referred to in Article 168 Item (1) may be exercised periodically or

at any time needed.

Article 170

Further provisions on procedure for examination and supervision shall be incorporated

in Ministrial Regulation.

Paragraph 7

Railway Infrastructure Maintenance

Article 171

(1) The railway infrastructure maintenance as referred to in Article 41 sub-item c

must be done by railway infrastructure manager in adherence with the standards

and procedure for railway infrastructure maintenance.

(2) The railway infrastructure maintenance shall be applied by using maintenance

equipment according to the type of railway infrastructure.

(3) The standards and procedure for railway infrastructure maintenance as referred

to in Item (1) shall be established by Minister.

Article 172

(1) The railway infrastructure maintenance shall be done by the care workers of


(2) The care workers as referred to in Item (1) shall fulfill the requirements and

qualifications according to the type of railway infrastructure.

(3) The requirements and qualifications of the care workers shall be determined by

Minister.

Article 173

(1) Railway infrastructure maintenance shall cover:

a. periodic maintenance; and

b. repair to reinstate the function.

(2) The periodic maintenance as referred to in Item (1) sub-item a shall be done

periodically in adherence to the standards and procedure for maintenance

established by Minister.


(3) Railway infrastructure manager must repair railway infrastructure to reinstate its

function.

Paragraph 8

Organizing of Railway Infrastructure

Article 174

The organizing of railway infrastructure as referred to in Article 41 sub-item d shall be

done according to the norms, standards, and criteria of railway infrastructure

established by Minister

Part 3

Organizing of Public Railway Infrastructure

By The Government or Local Government

Article 175

(1) In the event that there is no Business Entity organizing public railway

infrastructure as referred to in Article 41, the Government or local government

may organize railway infrastructure.

(2) The organizing of public railway infrastructure as referred to in Item (1) may be

delegated to a business entity established for such purpose.

(3) The delegation as referred to in Item (2) shall be done in compliance with laws

and regulation.

Article 176

In the event that the organizing as referred to in Article 175 Item (2) is economically of

commercial nature, the Government or local government may delegate the organizing

of railway infrastructure to a Business Entity in railway infrastructure.

Part 4

Organizing of Railway Facilities

Paragraph 1

General

Article 177

The organizing of railway facilities shall include the activities of:

a. procurement of infrastructure;

b. operation of infrastructure;

c. maintenance of infrastructure; and


d. organizing of infrastructure.

Article 178

Railway facilities by type shall comprise:

a. locomotive;

b. cars;

c. rolling stocks; and

d. special equipment.

Paragraph 2

Procurement of Railway Facilities

Article 179

Every procurement of railway facilities shall be made according to:

a. the specified technical requirements and standards in technical specifications;

b. operational needs;

c. environmental preservation; and

d. prioritization of domestic products.

Article 180

Technical specifications shall be developed having observed:

a. railway facilities boundary space;

b. width of railroad;

c. load and amount of axle;

d. type of railway facilities;

e. speed; and

f. technology development in railway facilities.

Article 181

(1) The domestic procurement of railway facilities shall prioritize the materials

fulfilling the provisions on Indonesian National Standard (Standar Nasional

Indonesia).

(2) The procurement of railway facilities or manufacturing of component as well as

the assembling which are entirely or partly done domestic or overseas shall be

made by the manufacturing company holding the International Certificate.


Article 182

(1) Every railway facility must comply with technical requirements in accordance with

the type of railway facilities.

(2) The technical requirements of railway facilities shall include the systems for

component, construction, and performance.

(3) The systems for component, construction, and performance of each railway

facilities as referred to in Item (2) is detailed in technical specifications.

(4) The technical specifications as referred to in Item (3) shall be in accordance with

the standards in technical specifications set by Minister.

(5) The technical specifications of railway facilities procurement must obtain the

approval from Minister.

(6) The approval on the technical specifications of railway facilities shall be in effect

for a maximum of five (5) years period and renewable to two (2) years’ time.

Article 183

(1) The locomotive as referred to in Article 178 sub-item a by type shall comprise:

a. diesel locomotive; and

b. electric locomotive.

(2) The cars as referred to in Article 178 sub-item b by type shall comprise:

a. locomotive-pulled cars; and

b. self-motored cars.

(3) The rolling stocks as referred to in Article 178 sub-item c shall only be in the form

of locomotive-pulled ones.

(4) The special equipments for railway facilities as referred to in Article 178 sub-item

d by type shall comprise:

a. locomotive-pulled special equipments; and

b. self-motored special equipments.

Article 184

(1) Railway facilities as referred to in Article 183 by construction and component shall

comprise:

a. basic framework;

b. body;

c. bogie;

d. coupler device;


e. braking device; and

f. safety device.

(2) The locomotive as referred to in Article 183 Item (1), self-motored cars as

referred to in Article 183 Item (2) sub-item b, self-motored special equipments as

referred to in Article 183 Item (4) sub-item b, apart from comprising the

construction and component as referred to in Item (1), shall also be facilitated

with the construction and component for:

a. machinist cabin;

b. router power device;

c. activator device;

d. controlling device; and

e. obstruction dispeller device.

Article 185

The basic framework of railway facilities as referred to in Article 184 Item (1) sub-item

a shall meet the following technical requirements:

a. it is made of carbon steel or other material of high degree of strength and rigidity

loading without inducing any permanent deformation;

b. it is an impact-resistant construction either it is integrated or separate from the

body;

c. it is capable of restraining all loads and vibration; and

d. it is rustproof.

Article 186

The body as referred to in Article 184 Item (1) sub-item b shall fulfill the following

technical requirements:

a. it is made of carbon steel or other material of high degree of strength and

rigidity;

b. it is an impact-resistant construction;

c. it is rustproof and weatherproof; and

d. it is capable of reducing noise.

Article 187

The bogie as referred to in Article 184 Item (1) sub-item c shall fulfill the following

technical requirements:


a. it is made of carbon steel or other material of high degree of strength and rigidity

against loading without inducing permanent deformation;

b. it is a loading-resistant construction;

c. it is capable of provisioning a good quality ride; and

d. it is capable of reducing vibration.

Article 188

The coupler device as referred to in Article 184 Item (1) sub-item d shall fulfill the

following technical requirements:

a. it is made of steel or other material;

b. it is capable of transmitting power according to the appropriation; and

c. it is capable of restraining and reducing impact.

Article 189

The braking device as referred to in Article 184 Item (1) sub-item e shall fulfill the

following technical requirements:

a. it is capable of controlling speed;

b. it is capable of stopping in normal and emergency condition within braking

distance in accordance with operational provisions; and

c. it is capable of adjusting the level of speed and load.

Article 190

The safety device as referred to in Article 184 Item (1) sub-item f shall fulfill the

technical requirements of:

a. suitability for the appropriation; and

b. easy operation.

Article 191

The machinist cabin as referred to in Article 184 Item (2) sub-item a shall fulfill the


a. being capable of accommodating the machinist and assistant to machinist;

b. being capable of providing a latitude for machinist and assistant to machinist;

c. being capable of reducing noise; and

d. being capable of protecting the machinist and assistant to machinist from exhaust

from diesel-motored railway facilities.


Article 192

The power transmission device as referred to in Article 184 Item (2) sub-item b shall

fulfill the technical requirements of:

a. being capable of transmitting power well;

b. ratio of power per weight in accordance with the specified traction power;

c. dimension in accordance with the available space; and

d. leakproof.

Article 193

The activator device as referred to in Article 184 Item (2) sub-item c shall fulfill the


a. creating sufficient traction power to push or pull;

b. being capable of consuming fosile fuel, gas, or electricity; and

c. exhaust emission and noise in compliance with laws and regulation.

Article 194

The controlling device as referred to in Article 184 Item (2) sub-item d shall fulfill the


a. being controllable from machinist cabin; and

b. being capable of controlling forward and backward movement.

Article 195

The obstruction dispeller device as referred to in Article 184 Item (2) sub-item e shall

fulfill the technical requirements of:

a. a strong and firm construction; and

b. being capable of restraining impact.

Article 196

(1) Electrical locomotive and electric train apart from meeting the provisions as

referred to in Article 184 shall also be facilitated with pantrograph device.

(2) The pantograph as referred to in Item (1) shall fulfill the technical requirements

of:

a. being capable of transmitting electric current safely; and

b. being controllable manually or automatically.


Article 197

Further provisions on procedure for standards in technical specifications of railway

facilities shall be incorporated in Ministrial Regulation.

Paragraph 3

Railway Facilities Operation

Article 198

(1) Every type of railway facilities must fulfill the operational worthiness of railway

facilities.

(2) The operational worthiness of railway facilities as referred to in Item (1) shall

include:

a. testing on railway facilities; and

b. examination on railway facilities.

Article 199

Testing on railway facilities is undergone by comparing between the condition and

function of railway facilities with:

a. technical requirements; and

b. technical specifications.

Article 200

Testing on railway facilities shall comprise:

a. initial testing; and

b. periodic testing.

Article 201

(1) The initial testing as referred to in Article 200 sub-item a must be undergone on

every new railway facility and on that having changes in technical specifications.

(2) Initial testing shall include:

a. design and engineering testing;

b. static testing; and

c. dynamic testing.

Article 202

(1) Design and engineering testing shall include:


a. strength testing;

b. durability testing; and

c. damage testing.

(2) The activity of design and engineering testing is carried out on the prototype of

every type of railway facilities.

Article 203

(1) Static testing on railway facilities shall include testing on:

a. dimension;

b. boundary space of facilities;

c. weight;

d. braking;

e. fissure;

f. loading;

g. air circulation; and

h. temperature.

(2) Besides posing static testing on locomotive, self-motored cars, and self-motored

special equipment, the testing on the following shall also be undergone:

a. electricity;

b. noise;

c. light intensity;

d. emission of exhaust gas;

e. horn;

f. communication device; and

g. leakage.

(3) Besides posing static testing on locomotive-pulled cars and locomotive-pulled

special equipment, the testing on the following shall also be undergone:

a. electricity;

b. noise;

c. light intensity; and

d. leakage.

Article 204

(1) Dynamic testing on railway facilities is undergone in a series and/or in a separate

manner in a moving condition that shall include the testing on:


a. braking;

b. temperature;

c. vibration;

d. loading; and

e. air circulation.

(2) Apart from dynamic testing, the following testings shall also be undergone on

locomotive, self-motored car and self-motored special equipment:

a. electricity;

b. noise;

c. pulling capability; and

d. acceleration.

(3) Apart from dynamic testing, the following testings shall also be undergone on

locomotive-motored car and special equipment:

a. electricity; and

b. noise.

Article 205

A testing on work equipment shall also be undergone on special equipment as referred

to in Article 183 Item (4) in accordance with the type of special equipment.

Article 206

(1) The periodic testing as referred to in Article 200 sub-item b must be undergone

on every operated railway facility.

(2) The periodic testing as referred to in Item (1) shall be undergone:

a. according to mileage or every year if it pertains to self-motored railway

facilities;

b. every year if it pertains to locomotive-motored railway facilities.

(3) The periodic testing as referred to in Item (1) shall include:

a. static testing; dnd

b. dynamic testing.

(4) The provisions on the static and dynamic testings on initial testing as referred to

in Articles 203, 204, and 205 shall be mutatis mutandis for the provisions on the

static and dynamic testings for periodic testing.


Article 207

(1) The testing on railway facilities shall be conducted by Minister.

(2) Minister may delegate the implementation of testing to:

a. a minister-accredited legal person;

c. a minister-accredited institution.

(3) To obtain the accreditation as referred to in Item (2) the following requirements

shall be met:



Article 208



a. an Indonesian legal person;



(2) The technical specifications as referred to in Article 207 Item (3) sub-item b shall

at least state:

a. examiner holding skills certificate;

b. office and place for testing; and

c. testing facilities and equipment.

Article 209

(1) The legal person or institution as referred to in Article 207 Item (2) shall apply for

an accreditation to Minister.

(2) Minister may approve or reject the application of an accreditation as referred to in

Item (1).

(3) In the event that Minister turns it down, the rejection shall be explicable by

obvious reason.

Article 210

(1) The legal person or institution testing on railway facilities must:

a. pose the testing according to accreditation certificate;

b. maintain the quality of the undergone testing;

c. formulate planning and reporting of every organized testing;


d. utilise testing equipment; and

e. follow the procedure for railway facilities testing.

(2) In order to ascertain the fulfillment of obligation as referred to in Item (1),

Minister shall administer and evaluate.

Article 211

(1) The legal person or institution testing on railway facilities shall periodically report

to Minister the implementation of testing.

(2) The report as referred to in Item (1) shall be taken by Minister as the grounds for

consideration to renew the accreditation.

Article 212

The implementation of testing on railway facilities shall be done by an examiner

holding a competence certificate at the testing place using testing equipment in

accordance with testing procedure as well.

Article 213

(1) The place for testing as referred to in Article 212 constitutes a permanent place

fulfilling the requirements:

a. in accordance with spatial zoning plan;

b. in accordance with railway master plan; and

c. that do not disrupt the preservation of environmental function.

(2) The place for testing as referred to in Item (1) shall at least be facilitated with

testing facilities in the form of:

a. testing track;

b. main building for the testing;

c. building for auxiliary equipment; and

d. office building.

Article 214

Further provisions on the organizing of testing, procedure for application and granting

of accreditation to a testing legal person or institution, place for railway facilities as well

as testing procedure shall be incorporated in Ministrial Regulation.


Article 215

Railway facilities that have been tested and that have been declared to pass the testing

shall be granted:

a. a testing certificate; and

b. a passing certificate.

Article 216

(1) The testing certificate as referred to in Article 215 sub-item a shall comprise:

a. certificate of initial testing; and

b. certificate of periodic testing.

(2) The certificate of initial testing and periodic testing as referred to in Item (1) shall

at least set forth:

a. general data on railway facilities;

b. facility testing number; and

c. validity.

Article 217

(1) The validity of certificate of initial testing as referred to in Article 216 Item (2)

sub-item c shall prevail perpetually unless there are any changes in technical

specifications.

(2) The validity of certificate of periodic testing as referred to in Article 216 Item (2)

sub-item c shall prevail:

a. for one (1) year if it pertains to locomotive-motored railway facilities;

b. according to mileage or for one (1) year if it pertains to self-motored railway

facilities.

Article 218

(1) The certificate of initial testing and that of periodic testing shall be issued by:

a. Minister;

b. a minister-accredited legal person; or


(2) The certificate of initial testing and that of periodic testing issued by a legal

person or institution as referred to in Item (1) sub-items b and c must be verified

by Minister.


Article 219

(1) The passing certificate as referred to in Article 215 sub-item b shall at least state

the testing validity.

(2) The passing certificate as referred to in Item (1) shall be displayed on railway

facilities.

Article 220

Further provisions on procedure for issuing certificate of initial testing and that of

periodic testing, passing certificate, validity of testing certificate, and procedure for

verifying certificate of railway facilities issued by a legal person or an institution shall be


Article 221

(1) The testing as referred to in Article 207 shall be charged testing fee.

(2) The amount of tariff on testing services for testing conducted by Minister shall be

specified in compliance with laws and regulation.

(3) In the event that the testing is posed by a legal person or an institution, the

amount of tariff on testing services shall be specified by the relevant testing legal

person or institution with reference to testing component determined by Minister.

Article 222

(1) Railway facilities manager must examine railway facilities in order to find out the

condition and function of railway facilities.

(2) The examination of railway facilities as referred to in Item (1) shall be carried out

according to the planned schedule.

Article 223

(1) The schedule as referred to in Article 222 Item (2) shall cover daily, monthly, bi-

annual, and annual examination.

(2) The examination as referred to in Item (1) shall be done at a storehouse (depo).

(3) An annual examination may also be carried out at a “balai yasa” besides of at a

storehouse (depo).

Article 224

(1) Daily examination of railway facilities shall be done on:


a. braking device;

b. coupler device;

c. safety equipment; and

d. electricity.

(2) Monthly, bi-annual, and annual examination of railway facilities shall be done on

the parts of railway facilities that include:

a. basic framework;

b. body;

c. bogie;

d. coupler device;

e. braking device;

f. safety equipment;

g. machinist cabin;

h. power transmission device;

i. activator device; and

j. controlling device.

Article 225

The daily, monthly, bi-annual, and annual examination of railway facilities as referred

to in Article 223 Item (1) shall be performed by an examiner holding competence

certificate.

Article 226

(1) Railway facilities examination shall use examining equipment in accordance with

the standards.

(2) The examining equipment for railway facilities as referred to in Item (1) shall be

periodically calibrated by the competent institution in compliance with laws and

regulation.

Article 227

Railway facilities examination shall be done at a storehouse (depo) and/or “balai yasa”

in accordance with the type of railway facilities.

Article 228


Further provisions on type of equipment, standards and procedure for testing or

examination, and place for testing on every type of railway facility shall be incorporated


Paragraph 4

Maintenance of Railway facilities

Article 229

(1) Railway facilities manager must conduct a maintenance of railway facilities to to

keep its operational worthiness.

(2) The maintenance of railway facilities as referred to in Item (1) shall be done

according to the planned schedule.

Article 230

The maintenance of railway facilities as referred to in Article 229 shall include:

a. periodic maintenance; and

b. repair to reinstate the function.

Article 231

(1) The periodic maintenance as referred to in Article 230 sub-item a shall be

conducted on a daily, monthly, bi-annual, annual, once every two (2) years, and

once every four (4) years basis.

(2) A daily, monthly, bi-annual, and annual maintenance shall be conducted at a

storehouse (depo).

(3) Annual maintenance may be conducted at a “balai yasa” besides of a storehouse

(depo).

(4) A once every two (2) years and once every four (4) years maintenance may be

done at a “balai yasa”.

Article 232

(1) Daily railway facilities maintenance shall be conducted for:

a. braking device;

b. coupler device;

c. safety device; and

d. electricity.


(2) The monthly, bi-annual, annual, once every two (2) years, and once every four

(4) years maintenance of railway facilities shall be conducted on the parts of

railway facilities that include:

a. basic framework;

b. body;

c. bogie;

d. coupler device;

e. braking device;

f. safety device;

g. machinist cabin;

h. power transmission device;

i. activating device; and

j. controlling device.

Article 233

The daily, monthly, bi-annual, annual, once every two (2) years, and once every four

(4) years maintenance of railway facilities as referred to in Article 231 shall be done by

the care workers holding competence qualifications.

Article 234

(1) The maintenance of railway facilities shall use maintenance equipment in

accordance with the standards.

(2) The maintenance equipment of railway facilities as referred to in Item (1) shall be

periodically calibrated by the competent institution in compliance with laws and

regulation.

Article 235

(1) The maintenance of railway facilities shall be done at a storehouse (depo) or a

“balai yasa” according to the type of railway facilities.

(2) The storehouse (depo) or “balai yasa” as referred to in Item (1) constitutes a

permanent place and fulfills the requirements:

a. in accordance with spatial zoning plan;

b. in accordance with railway master plan; dan

c. of non disruption to the preservation of environmental function.


(3) The storehouse (depo) or “balai yasa” as referred to in Item (1) shall at least be

facilitated with maintenance facilities in the form of:

a. track for maintenance;

b. main building for maintenance;

c. building for auxiliary equipment; and

d. office building.

Article 236

Further provisions on type of equipment, standards and procedure for maintenance,

place for maintenance of every type of railway facility shall be incorporated in Ministrial

Regulation.

Paragraph 5

Organizing of Railway Facilities

Article 237

The organizing of railway facilities as referred to in Article 177 sub-item d shall be done

in accordance with the norms, standards, procedures, and criteria for railway facilities

specified by Minister.

Paragraph 6

Supervision of Railway Facilities

Article 238

(1) Minister, governor, or regent/mayor according to their authority shall supervise

the organizing of railway facilities performed by railway facilities manager.

(2) In the event that the supervision as referred to in Item (1) is of technical and

operational nature, it is put into practice by railway facilities inspector appointed

complying with laws and regulation.

(3) The railway facilities inspector as referred to in Item (2) shall possess

qualifications for competence in the domain of railway facilities supervision.

(4) The qualifications for competence as referred to in Item (3) shall be determined

by Minister.

Article 239

(1) The supervision as referred to in Article 238 Item (1) shall be done periodically or

any time needed.


(2) The practice of supervision shall be in accordance with the procedures established

by Minister.

Part 5

Railway Facility Design and Engineering

Paragraph 1

Railway Facility Design

Article 240

(1) Railway facilities design shall observe:

a. railroad construction;

b. space boundary facilities;

c. preservation of environmental function; and

d. accessibility to the disabled.

(2) Railway facilities design shall include the process of:

a. planning;

b. designing;

c. technical calculation of material and component;

d. simulation testing; and

e. making a prototype or model of railway facility.

Article 241

(1) The planning as referred to in Article 240 Item (2) sub-item a shall at least cover:

a. aim and objective;

b. technical, economical, and resources analysis;

c. preparation of technical specification; and

d. schedule.

(2) The designing as referred to in Article 240 Item (2) sub-item b shall at least

cover:

a. preparation of technical drawing;

b. preparation of production stage; and

c. preparation of testing stage.

(3) The technical calculation of material and component as referred to in Article 240

Item (2) sub-item c shall at least cover:

a. selection of material and/or component;

b. material processing; and


c. integration of component.

(4) The simulation testing as referred to in Article 240 Item (2) sub-item d shall at

least cover:

a. strength testing;

b. durability testing; and

c. damage testing.

(5) The making a prototype or model as referred to in Article 240 Item (2) sub-item e

shall at least cover:

a. preparation of mold;

b. manufacturing process; and

c. production in actual dimension.

Paragraph 2

Railway Facility Engineering

Article 242

(1) Railway facility engineering may be done to increase the capability and change

the function of railway facilities.

(2) Railway facility engineering shall observe:

a. facilities space boundary;

b. preservation of environmental function; and

c. accessibility to the disabled.

(3) Railway facility engineering shall include the process of:

a. planning;

b. designing; and

c. technical calculation of material and component.

Article 243

(1) The planning as referred to in Article 242 Item (3) sub-item a shall at least cover:

a. aim and objective;

b. technical, economical, and resources analysis;

c. preparation of technical specification; and

d. schedule.

(2) The designing as referred to in Article 242 Item (3) sub-item b shall at least

cover:

a. preparation of technical drawing;


b. preparation of production stage; and

c. preparation of testing stage.

(3) The technical calculation of material and component, as referred to in Article 242

Item (3) sub-item c shall at least cover:

a. selection of material and/or component;

b. material processing; and

c. integration of component.

Paragraph 3

Implementation of Design and Engineering

Railway facilities

Article 244

(1) Railway facility design and engineering is developed by:

a. Minister;

b. local government;

c. business entity;

d. researching institution; or

e. university.

(2) In the practice of design and engineering as referred to in Item (1), other design-

and-engineering-related institution may be involved.

(3) The outcome of design and engineering of railway facilities as referred to in Item

(1) shall obtain the approval from Minister prior to manufacturing.

Article 245

Further provisions on process and procedure for the practice of design and engineering

of railway facilities shall be incorporated in Ministrial Regulation.

Part 6

Organizing of Public Railway Facilities

by The Government or Local Government

Article 246

(1) In the event that there is no Business Entity organizing public railway facilities as

referred to in Article 177, the Government or local government may organize

railway facilities.


(2) The implementation of organizing of public railway facilities as referred to in Item

(1) is delegated to the Business Entity established for such purpose.

(3) The delegation as referred to in Item (2) shall be done in accordance with laws

and regulation.

Article 247

In the event that the organizing as referred to in Article 246 Item (2) is economically

commercial, the Government or local government may delegate the organizing of

railway facilities to the Business Entity established for such purpose.

CHAPTER IV

HUMAN RESOURCES IN RAILWAY

Part 1

General

Article 248

(1) Human resources in railway shall include:

a. tester;

b. inspector;

c. auditor;

d. examiner;

e. care worker;

f. operating officer of railway infrastructure;

g. crew of railway facilities.

(2) In the event that a civil servant is appointed to the examiner, inspector, or

auditor as referred to in Item (1) sub-items a, b, and c, thus they are granted

functional position of an examiner, inspector, or auditor in compliance with laws

and regulation.

(3) Further provisions on inspector dan auditor as referred to in Item (1) sub-items b

dan c shall be incorporated in Ministrial Regulation.

Part 2

Tester

Item 1

Railway Infrastructure Tester

Article 249


(1) Railway infrastructure tester is classified into tester of:

a. railroad, body of road, bridge, tunnel, and station; and

b. signaling, telecommunication, and electrical installation

(2) The category of railway infrastructure examiner as referred to in Item (1) is

classified into a number of levels.

Article 250

(1) The railway infrastructure tester as referred to in Article 249 Item (1) shall earns

competence certificate issued by Minister according to qualifications for

competence of railway infrastructure tester.

(2) To obtain the competence certificate as referred to in Item (1), a tester shall sit a

competence examination held by Minister.

(3) The competence examination as referred to in Item (2) may only be undertaken

by a person who has passed the study and training of railway infrastructure tester

as evident from a passing certificate.

Article 251

The study and training for railway infrastructure tester as referred to in Article 250

Item (3) shall comprise:

a. basic study and training; and

b. study and training in competences.

Article 252

(1) The study and training for railway infrastructure tester as referred to in Article

250 is held by Minister and may be delegated to a minister-accredited legal

person or institution.

(2) To obtain the accreditation as referred to in Item (1), a legal person or institution

shall fulfill the following requirements:


b. technical requiements.

Article 253


shall at least comprise:






at minimum:

a. master or have the facilities of study and training;

b. have instructors; and

c. have the method and syllabus of study and training.

Article 254

(1) The issue of competence certificate as referred to in Article 250 Item (2) is

charged with issuance fee of competence certificate.

(2) The amount of the issuance fee of competence certificate as referred to in Item

(1) shall be set in compliance with laws and regulation.

Article 255

(1) A tester who does not carry out any testing in (twenty four (24) consecutive

months shall have their competence certificate revoked.

(2) The tester as referred to in Item (1) is prohibited from testing on railway

infrastructure.

Article 256

The tester as referred to in Article 255 Item (1) may resume any testing upon

obtainment of the new competence certificate.

Article 257

(1) A legal person or institution of study and training of railway infrastructure tester

must:

a. hold the types of study and training according to accreditation certificate;

b. maintain the quality of the held study and training;

c. draft planning and reporting on every organized study and training; and

d. file an application for competence certificate to Minister for a person has

passed the study and training of railway infrastructure tester.

(2) Minister shall supervise and evaluate the obligation fulfillment of the legal person

or institution holding study and training of tester as referred to in Item (1).


Article 258

(1) The railway infrastructure tester carrying out the testing must:

a. obey all regulations in accordance with compliance certificate;

b. utilise testing equipment of railway infrastructure; and

c. follow the procedure for testing railway infrastructure.

(2) Minister shall supervise and evaluate the obligation fulfillment of the examiner as

referred to in Item (1).

Article 259

Further provisions on certification of tester, accreditation of legal person or institution

of study and training of railway infrastructure tester shall be incorporated in Ministrial

Regulation.

Paragraph 2

Tester of Railway facilities

Article 260

(1) Railway facilities tester is classified according to the type of railway facilities.

(2) The category of railway facilities tester as referred to in Item (1) is classified in a

number of levels.

Article 261

(1) The railway facilities tester as referred to in Article 260 Item (1) shall possess the

competence certificate issued by Minister according to the qualifications of

competence of the railway facilities tester.

(2) To obtain the competence certificate as referred to in Item (1), a tester shall sit

the competence examination held by Minister.

(3) The competence examination as referred to in Item (2) may be undertaken by a

person who has passed the study and training of railway facilities tester as

evident from a passing certificate.

Article 262

The study and training of railway facilities tester as referred to in Article 261 Item (3)

shall comprise:


b. competence study and training.


Article 263

(1) The study and training of railway facilities tester as referred to in Article 262 is

held by Minister and may be delegated to a minister-accredited legal person or

institution.

(2) To obtain the accreditation as referred to in Item (1), the following requirements

shall be met:


b. technical requiements.

Article 264







at minimum:

a. master or have the facilities of study and training;

b. have instructors; and

c. have the method and syllabus of study and training.

Article 265


charged with fee of issuing competence certificate.

(2) The amount of the issuance fee of competence certificate as referred to in Item

(1) shall be set in compliance with laws and regulation.

Article 266

(1) A tester who does not carry out any testing in twenty-four (24) consecutive

months shall have their competence certificate revoked.

(2) The tester as referred to in Item (1) is prohibited from testing on railway facilites.


Article 267

The tester as referred to in Article 266 Item (1) may resume any testing upon

obtainment of the new competence certificate.

Article 268

(1) A legal person or institution holding the study and training of railway facilities

testing must:

a. hold the study and training, the types of which are according to

accreditation certificate;


c. draft planning and reporting on every organized study and training; and

d. file an application for competence certificate to Minister for any person who

has passed the study and training of railway infrastructure tester.


or institution holding the study and training of tester as referred to in Item (1).

Article 269

(1) The railway facilities examiner carrying out the testing must:

a. obey all regulations pursuant to compliance certificate;

b. utilise testing equipment of railway infrastructure; and

c. follow the procedure for testing railway infrastructure.

(2) Minister shall supervise and evaluate the obligation fulfillment of the tester as

referred to in Item (1).

Article 270

Further provisions on certification of tester, category and level of examiner,

accreditation of legal person or institution of study and training of railway facilities

tester shall be incorporated in Ministrial Regulation.

Part 3

Examiner and Care Worker

Paragraph 1


of Railway Infrastructure

Article 271


(1) The examination and maintenance of railway infrastructure conducted by railway

infrastructure manager must be performed by the examiner and care worker as

referred to in Article 248 Item (1) sub-items d and e meeting the requirements

and qualifications of competence.

(2) The requirements and qualifications of competence as referred to in Item (1)

shall be determined by Minister.

Article 272

(1) The qualifications of competence as referred to in Article 271 Item (1) are

acquired upon attending the study and training as evident from the passing

certificate of study and training.

(2) The qualifications of competence granted by the organizer of study and training

of railway infrastructure examiner and care worker.

(3) Minister supervises the grant of qualifications of competence as referred to in

Item (2).

Article 273

Further provisions on requirements and qualifications of examiner and care worker of

railway infrastructure competence shall be incorporated in Ministrial Regulation.

Paragraph 2


of Railway Facilities

Article 274

(1) The examination and maintenance of railway facilities conducted by railway

facilities manager must be performed by the examiner and care worker as

referred to in Article 248 Item (1) sub-items d and e fulfilling the requirements

and qualifications of competence.

(2) The requirements and qualifications of competence as referred to in Item (1)

shall be determined by Minister.

Article 275

(1) The qualifications of competence as referred to in Article 274 Item (1) shall be

acquired upon attending the study and training as evident from the passing

certificate of study and training.


(2) The qualifications of competence is granted by the organizer of study and training

of railway facilities examiner and care worker.

(3) Minister supervises the grant of qualifications of competence as referred to in

Item (2).

Article 276

Further provisions on requirements and qualifications of competence of railway facilities

examiner and care worker and shall be incorporated in Ministrial Regulation.

Part 4

Railway Infrastructure Operator

Article 277

(1) The operation of railway infrastructure must be carried out by the railway

infrastructure operating officer as referred to in Article 248 Item (1) sub-item f

meeting the requirements and qualifications of competence.

(2) The railway infrastructure operating officer as referred to in Item (1) shall

include:

a. train trip arranger;

b. train trip controller;

c. train crossing guard; and

d. power transmission controller.

Article 278

(1) The requirements and qualifications of competence as referred to in Article 277

Item (1) shall be as evident from the competence certificate.

(2) The competence certificate of railway infrastructure operator as referred to in

Item (1) shall be granted upon attending any study and training.

Article 279

(1) The study and training of railway infrastructure operating officer as referred to in

Article 278 Item (2) shall include:




(2) The railway infrastructure operating officer who passes the study and training as

referred to in Item (1) shall be given a passing certificate of study and training by

the organizer of study and training.

Article 280

(1) To be appointed to the railway infrastructure operating officer, a person shall

possess competence certificate of operating officer of railway infrastructure.

(2) The competence certificate of railway infrastructure operating officer shall be

granted a passing certificate of study and training according to the competence

level of the operating officer of railway infrastructure.

Article 281

(1) The competence certificate of railway infrastructure operating officer shall be

issued by:

a. Minister;



(2) To acquire an accreditation, the legal person as referred to in Item (1) sub-item b

shall fulfill technical requirements.

(3) To acquire accreditation, the institution as referred to in Item (1) sub-item c, shall

fulfill:



Article 282






(2) The technical requiements as referred to in Article 281 Items (2) and (3) sub-item

b shall at minimum have:

a. study facilities of competence in the domain of railway infrastructure

operation;

b. competent instructors in the domain of railway infrastructure operation;


c. teaching method in the domain of railway infrastructure operation;

d. competence testing facilities of railway infrastructure operating officer;

e. competence tester of railway infrastructure operating officer; and

f. competence testing method of railway infrastructure operating officer.

Article 283

(1) The legal person and institution fulfilling the requirements as referred to in Article

281 may apply for accreditation to Minister.

(2) Further provisions on procedure for accreditation application shall be incorporated


Article 284

A legal person and institution issuing competence certificate must report to Minister

periodically every six (6) months.

Article 285


charged fee of issuing skills certificate.

(2) The amount of the issuance fee of competence certificate by Minister shall be set

in compliance with laws and regulation.

(3) In the event that the competence certificate is issued by a minister-accredited

legal person or institution, the amount of fee of issuing skills certificate is

specified by said legal person or institution according to the services in

component for issuing skills certificate set by Minister.

Article 286

(1) A railway infrastructure operating officer who does not operate railway

infrastructure in twenty-four (24) consecutive months shall get his skills certificate

revoked.

(2) The operating officer of as referred to in Item (1) is prohibited from operating


Article 287

The operator as referred to in Article 286 Item (1) may re-operate railway

infrastructure upon obtainment of the new skills certificate.


Article 288

(1) A legal person or institution holding study and training of railway infrastructure

operating officer must:

a. hold the types of study and training according to the issued accreditation

certificate;


c. draft planning and reporting on every organized study and training of

railway infrastructure operating officer; and


or institution holding the study and training as referred to in Item (1).

Article 289

Further provisions on accreditation of legal person or institution of study and training,

procedure for holding study and training, as well as certification of railway

infrastructure operating officer shall be incorporated in Ministrial Regulation.

Part 5

Railway Facilities Crew

Article 290

(1) The operating of railway facilities must be performed by railway facilities crew as

referred to in Article 248 Item (1) sub-item g meeting the requirements and

qualifications of skills.

(2) The railway facilities crew as referred to in Item (1) shall comprise:

a. machinist; and

b. assistant to machinist.

(3) The railway facilities crew as referred to in Item (2) is classified into:

a. crew of electric-motive railway facilities; and

b. crew of non-electric-motive railway facilities.

(4) The railway facilities crew as referred to in Item (2) is classified into a number of

levels.

Article 291

(1) The requirements and qualifications of skills as referred to in Article 290 Item (1)

is as evident from skills certificate.


(2) The skills certificate as referred to in Item (1) shall be granted upon attending

study and training.

Article 292

(1) The study and training of crew of railway facilities as referred to in Article 291

Item (2) shall include:



(2) The crew of railway facilities who passes the study and training as referred to in

Item (1) shall be given a passing certificate of study and training by the organizer

of study and training.

Article 293

(1) To be appointed to the crew of railway facilities, one shall possess skills certificate

of railway facilities crew.

(2) The skills certificate of railway facilities crew shall be granted upon obtainment of

a passing certificate of study and training according to competence level of

railway facilities crew.

Article 294

(1) The skills certificate of railway facilities crew shall be issued by:

a. Minister;



(2) To acquire accreditation, the legal person as referred to in Item (1) sub-item b

shall fulfill technical requirements.

(3) To acquire accreditation, the institution as referred to in Item (1) sub-item c, shall

fulfill:



Article 295







(2) The technical requirements as referred to in Article 294 Items (2) and (3) sub-

item b shall at minimum have:

a. study facilities of competence in the domain of railway facilities crew;

b. competent instructors in the domain of railway facilities crew;

c. teaching method in the domain of railway facilities crew;

d. skills testing facilities of railway facilities crew;

e. skills examiner of railway facilities crew; and

f. skills testing method of railway facilities crew.

Article 296

(1) The legal person and institution fulfilling the requirements as referred to in Article

294 may apply for accreditation to Minister.

(2) Further provisions on procedure for accreditation application shall be incorporated


Article 297

A legal person and institution issuing skills certificate must report periodically every six

(6) months to Minister.

Article 298

(1) The issue of skills certificate as referred to in Article 294 Item (1) is charged fee

of issuing certificate.

(2) The amount of the skills certificate issuance fee by Minister shall be set by

Minister in compliance with laws and regulation.

(3) In the event that the skills certificate is issued by a Minister-accredited legal

person or institution, the amount of tariffs on the issuing skills certificate fee is

specified by said legal person or testing institution with reference to the

component for issuing skills certificate is set by Minister.

Article 299

(1) Crew of railway facilities who does not operate in twenty-four (24) consecutive

months shall get their skills certificate revoked.


(2) The crew of railway facilities as referred to in Item (1) is prohibited from

operating railway infrastructure.

Article 300

The crew of railway facilities as referred to in Article 299 Item (1) may re-operate

railway facilities upon obtainment of the new skills certificate.

Article 301

(1) A legal person or institution holding any study and training of railway facilities

crew must:

a. hold the study and training, the types of which are according to the granted

accreditation certificate;


c. draft planning and reporting on every organized study and training of

railway facilities crew; and


or institution holding the study and training of examiner as referred to in Item

(1).

Article 302

Further provisions on accreditation of legal person or institution of study and training,

procedure for holding study and training, as well as certification of railway facilities

crew shall be incorporated in Ministrial Regulation.

Article 303

(1) Apart from the railway facilities crew as referred to in Article 290, railway facilities

manager may delegate other officers to work in the train during a train trip.

(2) The other officers as referred to in Item (1) shall have the skills according to the

domain and knowledge about safety and security of train trip.

Article 304

(1) The skills as referred to in Article 303 Item (2) shall be as evident from the

passing certificate obtained upon attending study and training.

(2) The passing certificate as referred to in Item (1) shall be issued by the organizer

of study and training.


(3) The organizing of study and training as well as the issue of passing certificate of

study and training for other officers delegated to work in the train as referred to

in Item (2) shall be incorporated in Ministrial Regulation.

CHAPTER V

LICENCING

Part 1

General

Article 305

(1) A Business Entity organizing public railway infrastructure must possess:

a. business licence;

b. construction permit; and

c. operation licence.

(2) A Business Entity organizing public railway facilities must possess:

a. business licence; and

b. operation licence.

(3) The Business Entity as referred to in Items (1) and (2) may take the form of:

a. a state-owned company;

b. a local government-owned company; or

c. an Indonesian legal person.

(4) The Business Entity as referred to in Item (3) shall be specifically established for

organizing railway.

Part 2

Licencing of Organizing Public Railway

Article 306

(1) The Business Entity organizing public railway infrastructure, prior to being issued

the business licence as referred to in Article 305 Item (1) sub-item a by Minister,

governor, or regent/mayor, according to their authority, shall first be determined

by public railway infrastructure manager.

(2) The determination as referred to in Item (1) is made by Minister, governor, or

regent/mayor in compliance with laws and regulation.


Article 307

(1) The determined Business Entity as referred to in Article 306 Item (2) shall be

granted the rights to organize public railway infrastructure.

(2) The rights to organize public railway infrastructure is set forth in the agreement

of organizing public railway infrastructure between Minister, governor, or

regent/mayor according to their authority and the Business Entity.

Article 308

(1) The agreement of organizing public railway infrastructure as referred to in Article

307 Item (2) performed for a term agreed between Minister, governor, or

regent/mayor according to their authority and the Business Entity.

(2) The term as referred to in Item (1) is counted according to fair investment funds

and profit.

Article 309

In the event that the land acquisition for organizing public railway infrastructure partly

or entirely is made by Minister, governor, or regent/mayor according to their authority,

the agreement of organizing public railway infrastructure as referred to in Article 307

Item (2) is performed for a period complying with laws and regulation.

Article 310

The agreement of organizing public railway infrastructure as referred to in Articles 308

and 309 shall at least contain:

a. scope of organizing;

b. term of rights of organizing public railway infrastructure;

c. rights and obligations including the risks borne by the parties according to the

principles of efficient and balanced risk allocation;

d. standards in service performance as well as procedure for handling public

complaints;

e. sanction in the event that the parties do not comply with the provisions in the

agreement of organizing public railway infrastructure;

f. dispute resolution;

g. termination or cancellation of organizing agreement of organizing public railway

infrastructure;

h. supporting facilities of railway infrastructure;


i. force majeure; and

j. provisions on the hand-over of railway infrastructure and facilities by the end of

validity of rights to organizing public railway infrastructure.

Article 311

(1) In the event that the validity of rights to organizing public railway infrastructure

have expired, railway infrastructure shall be handed-over to:

a. Minister if it pertains to national railway;

b. governor if it pertains to provincial railway; or

c. regent/mayor if it pertains to regency/urban railway.

(2) The railway infrastructure as referred to in Item (1) may still be operated by a

Business Entity under a co-operation agreement organizing public railway

infrastructure in compliance with laws and regulation.

Paragraph 1

Business Licence for Organizing Public Railway Infrastructure

Article 312

(1) The business licence for organizing public railway infrastructure as referred to in

Article 305 Item (1) sub-item a shall be issued by:

a. Minister if it pertains to the organizing of public railway infrastructure, the

track network of which trespasses provincial border;

b. Governor if it pertains to the organizing of public railway infrastructure, the

track network of which trespasses regency/municipal border within one

province; and

c. regent/mayor if it pertains to the organizing of public railway infrastructure,

the track network of which is within a regency/city.

(2) The business licence for organizing public railway infrastructure shall be issued for

a maximum of thirty (30) years’ period, for a maximum of twenty (20) years in

each renewal.

Article 313

(1) To obtain business licence for organizing public railway infrastructure, the

following requirements shall be met:

a. Articles of Association of an Indonesia legal person;

b. Tax Payer’s Registration Number;


c. Company Domicile Certificate;

d. business plan;

e. financial solvency;

f. letter of appointment of public railway infrastructure ;

g. agreement of railway infrastructure organizing; and

h. human resources.

Article 314

(1) A Business Entity that has obtained business licence of organizing public railway

infrastructure shall undergo the activities of:

a. technical planning;

b. environmental impact assessment or attempts in managing and monitoring

environment (UKL and UPL);

c. land acquisition; and

d. applying for construction permit for public railway infrastructure prior to

commencing physical construction.

(2) The activity as referred to in Item (1) shall be completed in three (3) years at the

latest as of the issue of business licence.

(3) In the event that three (3) years have elapsed but the activities as referred to in

Item (1) have not finished and there is no request from the Business Entity to

extend the activity completion, the business licence shall consequently be

revoked.

Article 315

(1) The technical planning as referred to in Article 314 Item (1) sub-item a shall

include the stage of railway infrastructure planning covering:

a. pre-design;

b. design;

c. construction; and

d. post-construction.

(2) The technical planning as referred to in Item (1) shall be approved by Minister.

Article 316

The land acquisition as referred to in Article 314 Item (1) sub-item c shall be made in

compliance with laws and regulation.


Article 317

(1) Land acquisition may use the funds from the Government and/or Business Entity.

(2) In the event of the funds for land acquisition from Business Entity as referred to

in Item (1), the amount of the funds for land acquisition shall be set by the

Government.

(3) In the event that the funds realization for land acquisition is higher than those set

as referred to in Item (2), the discrepancies shall be funded by the Business

Entity to be subsequently compensated with concession period and/or any other

manner.

(4) In the event that the funds realization for land acquisition is less than those set

as referred to in Item (2), the discrepancies shall be paid to Treasury (Kas

Negara) serving as Non-tax State Revenue.

Article 318

(1) The Business licence for organizing public railway infrastructure may be revoked

if:

a. within one (1) year upon the issue of business licence for organizing public

railway infrastructure, the Business Entity does not conduct the activities as

referred to in Article 314 Item (1);

b. it is not in accordance with the provisions as referred to in Article 314 Items

(2) and (3); or

c. the Business Entity is declared insolvent.

(2) The license revocation as referred to in Item (1) sub-item a shall be done after

being issued three (3) written reprimand consecutively with each reprimand

effective for one month.

Article 319

Further provisions on procedure for issuing business licence for organizing public

railway infrastructure shall be incorporated in Ministrial Regulation.

Paragraph 2

Construction Permit for Public Railway Infrastructure

Article 320

The construction permit for public railway infrastructure as referred to in Article 305

Item (1) sub-item b shall be issued by:


a. Minister if it pertains to the organizing of public railway infrastructure, the track

network of which trespasses provincial border;

b. Governor if it pertains to the organizing of public railway infrastructure, the track

network of which trespasses regency/municipal border within one province upon

obtaining the approval from Minister; and

c. regent/mayor if it pertains to the organizing of public railway infrastructure, the

track network of which is within a regency/city on the recommendations of

provincial government and the approval from Minister.

Article 321

(1) Upon obtaining the approval on technical planning from Minister, a Business

Entity may apply for public railway infrastructure construction permit to Minister,

governor, or regent/mayor according to their authority.

(2) The application as referred to in Item (1) shall be completed with technical

requirements.

(3) The technical requirements as referred to in Item (2) shall include:

a. calculation-based design;

b. technical drawings;

c. field data;

d. implementation schedule;

e. technical specifications;

f. environmental impact assessment or attempts in managing and monitoring


g. implementating method;

h. construction permit;

i. other licences complying with laws and regulations; and

j. land acquisition as much as at least ten (10) per cent of the total land space

required.

(4) The technical specifications as referred to in Item (3) sub-item e shall be

approved by Minister.

(5) Construction licence for public railway infrastructure shall be issued for a

maximum period of five (5) years and renewable to a maximum of five (5) years

for each renewal.

(6) Further provisions on technical requirements as referred to in Item (2) shall be



Article 322

Minister, governor, or regent/mayor according to their authority evaluates the

requirements as referred to in Article 321 Item (3) applied by Business Entity.

Article 323

(1) The application for railway infrastructure construction permit, the track network

of which trespasses provincial border shall be filed by a Business Entity to

Minister.

(2) Pursuant to the application as referred to in Item (1), Minister evaluates the

fulfillment of requirements as referred to in Article 321 Item (3).

(3) Pursuant to the outcome of evaluation as referred to in Item (2), Minister may

approve or reject the application for construction permit.

(4) In the event that the application is rejected as referred to in Item (3), Minister

informs the rejection explicable by obvious reason and requests for fulfillment of

requirements by Business Entity.

(5) In the event that the requirements as referred to in Item (4) have been fulfilled,

the Business Entity may re-apply for construction permit for public railway

infrastructure to Minister.

(6) In the event that the application as referred to in Items (3) and (5) is approved,

Minister may issue the construction permit for public railway infrastructure.

Article 324

(1) The application for construction permit for public railway infrastructure, the track

network of which trespasses regency/municipal border in one province as referred

to in Article 320 sub-item b shall be filed by a Business Entity to governor

together with the technical requirements as referred to in Article 321 Item (3).

(2) Pursuant to the application as referred to in Item (1), Governor evaluates the


(3) Pursuant to the outcome of evaluation as referred to in Item (2), if the

requirements is fulfilled, governor grants recommendations for approval on

railway infrastructure construction, and if it does not meet the requirements,

governor returns it to the Business Entity to fulfill the requirements.

(4) The recommendations for approval on railway infrastructure construction as

referred to in Item (3) is proposed by governor to Minister together with the

technical requirements for approval from Minister.



approval application from governor.

(6) Pursuant to to the outcome of evaluation as referred to in Item (5), Minister

grants approval for public railway infrastructure construction.

(7) The approval from Minister as referred to in Item (6) may be accompanied by

particular requirements that the Business Entity shall fulfill.

(8) In the event that the particular requirements as referred to in Item (7) have been

fulfilled by the Business Entity, pursuant to approval from Minister, governor

issues permit for public railway infrastructure construction.

Article 325

(1) The application for construction licence for railway infrastructure, the track

network of which trespasses regency/municipal borders as referred to in Article

320 sub-item c, shall be filed by a Business Entity to regent/mayor completed

with the technical requirements as referred to in Article 321 Item (3).

(2) Pursuant to the application as referred to in Item (1), Regent/mayor evaluates

the fulfillment of requirements requirements as referred to in Article 321 Item (3).

(3) Pursuant to the outcome of evaluation as referred to in Item (2), should the

requirements be fulfilled, regent/mayor may forward the application to governor

for recommendations.

(4) In the event that the application as referred to in Item (1) does not fulfill the

requirements, regent/mayor returns the application to the Business Entity for

completion.

(5) Upon obtaining the recommendations from governor, regent/mayor submits the

application as referred to in Item (1) to Minister in order to obtain an approval

together with technical requirements and recommendations from governor.


approval application from regent/mayor.

(7) Pursuant to to the outcome of evaluation as referred to in Item (6), Minister may

issue the approval for public railway infrastructure construction.

(8) The approval for issuing the permit as referred to in Item (7) may be

accompanied by particular requirements that Business Entity shall fulfill.


fulfilled by the Business Entity, pursuant to approval from Minister, regent/mayor

issues the permit for public railway infrastructure construction.


Article 326

Construction permit for railway infrastructure shall at least set forth:

a. identity of Business Entity;

b. location of railway infrastructure construction;

c. term of railway infrastructure construction;

d. obligations to licensor;

e. regulations to revoke permit for railway infrastructure construction;

f. permit validity of railway infrastructure construction.

Article 327

(1) Railway infrastructure construction is done in accordance with technical plan.

(2) The implementation of railway infrastructure construction as referred to in Item

(1) shall be commenced upon:

a. obtainment of construction permit; and

b. availability of land acquisition as much as minimum ten (10) per cent of the

planned length of rail track for construction.

Article 328

In implementing railway infrastructure construction, a Business Entity that has obtained

the permit for railway infrastructure construction must:

a. comply with laws and regulation in railway;

b. comply with other laws and regulation relating to railway infrastructure

construction;

c. be held liable for the impact occurred in the course of the construction of railway

infrastructure;

d. execute the obligations specified in the agreement of organizing railway

infrastructure;

e. implement the railway infrastructure construction in accordance with technical

plan; and

f. report the activity of railway infrastructure construction periodically to Minister,

governor, or regent/mayor according to their authority.

Article 329

Further provisions on construction permit for public railway infrastructure shall be



Paragraph 3

Operational Licence for Public Railway Infrastructure

Article 330

(1) The operational licence for public railway infrastructure as referred to in Article

305 Item (1) sub-item c shall be determined by:

a. Minister if it pertains to the organizing of public railway infrastructure, the

track network of which trespasses provincial border;

b. Governor if it pertains to the organizing of public railway infrastructure, the

track network of which trespasses regency/municipal border within one

province upon obtainment of approval from Minister; and

c. regent/mayor if it pertains to the organizing of public railway infrastructure,

the track network of which is within a regency/city on the recommendations

of provincial government and the approval from Minister.

(2) The operational licence for railway infrastructure as referred to in Item (1) shall

prevail according to the limits of concession grant regulated under the agreement

of organizing railway infrastructure between Minister, governor, or regent/mayor

and the relevant Business Entity.

Article 331

To acquire operational licence for railway infrastructure, Business Entity must fulfill the

following requirements:

a. the constructed railway infrastructure has satisfied the requirements for technical

and operational worthiness of railway infrastructure and has passed the initial

testing as referred to in Article 141 Item (2) sub-item a;

b. it has the system and procedure for railway infrastructure operation;

c. it has the officers or care workers who hold skills certificate for the examination

and operation of railway infrastructure; and

d. it has the equipment for railway infrastructure maintenance.

Article 332

The application for operational licence for railway infrastructure shall be accompanied

by the requirements as referred to in Article 331 and filed to:

a. Minister if it pertains to the organizing of railway infrastructure, the track network

of which trespasses provincial border;


b. Governor if it pertains to the organizing of railway infrastructure, the track

network of which trespasses regency/municipal border within one province; and

c. Regent/mayor if it pertains to the organizing of railway infrastructure, the track

network of which is within a regency/city.

Article 333

(1) The application for operational licence for railway infrastructure, the track

network of which trespasses provincial border, filed by a Business Entity to

Minister as referred to in Article 330 Item (1) sub-item a shall be accompanied by

the requirements as referred to in Article 331.


fulfillment of requirements as referred to in Article 331.


approve or reject the application.


informs the rejection explicable by obvious reason and requests for fulfillment of

requirements by the Business Entity.


the Business Entity may re-apply for the operational licence for public railway

infrastructure to Minister.


Minister issues the operational licence for public railway infrastructure.

Article 334

(1) The application for operational licence for railway infrastructure, the track

network of which trespasses regency/municipal borders in one province as

referred to in Article 330 Item (1) sub-item b, shall be filed by Business Entity to

governor completed with the requirements as referred to in Article 331.


fulfillment of requirements as referred to in Article 331.


requirements are fulfilled, governor may give recommendations for approval on

railway infrastructure operation, and if the requirements are not fulfilled,

governor may return it to the Business Entity to fulfill the requirements.


(4) The recommendations for approval on railway infrastructure operation as referred

to in Item (3) are submitted by governor to Minister accompanied by

requirements for approval by Minister.




grant approval for public railway infrastructure operation.


particular requirements that Business Entity shall fulfill.


fulfilled by Business Entity, pursuant to the approval from Minister, governor

issues the operational licence for public railway infrastructure.

Article 335

(1) The application for railway infrastructure operational licence, the track network of

which trespasses regency/municipal borders as referred to in Article 330 Item (1)

sub-item c, shall be filed by Business Entity to regent/mayor completed with the

requirements as referred to in Article 331.


the fulfillment of requirements as referred to in Article 331


requirements are fulfilled, regent/mayor may forward the application to governor



requirements, regent/mayor returns it to the Business Entity for fulfillment.

(5) Upon obtainment of recommendations from governor, regent/mayor files the

application as referred to in Item (1) to Minister for approval accompanied by the

requirements and governor’s recommendations.




grant the approval for public railway infrastructure operation.

(8) The approval for licence grant as referred to in Item (7) may be accompanied by





issues the operational licence for public railway infrastructure.

Article 336

Railway infrastructure manager that has obtained operational licence must:

a. operate railway infrastructure;

b. comply with laws and regulation concerning railway and preservation of

environmental function;

c. comply with other laws and regulation relating to railway infrastructure operation;

d. be held liable for operating the railway infrastructure;

e. periodically report the operasional activities of railway infrastructure once a year

to licensor; and

f. obtain the approval from Minister if it is going to construct infrastructure/any

other facility that is contiguity with or intersects with railway infrastructure.

Article 337

Further provisions on operational licence for railway infrastructure and co-operation of

organizing railway infrastructure shall be incorporated in Ministrial Regulation.

Paragraph 4

Business Licence for Organizing Public Railway Facilities

Article 338

(1) The business licence for organizing public railway facilities as referred to in Article

305 Item (2) sub-item a, shall be issued by Minister.

(2) The business licence for organizing public railway facilities as referred to in Item

(1) shall prevail as long as the Business Entity organizing railway facilities

continues running the railway facilities.

Article 339

The Business licence for organizing public railway facilities shall be issued upon

fulfillment of the requirements of possessing:



c. Domicile Letter of the company;


d. capability statement of having two (2) series of train at minimum;

e. business plan; and

f. co-ordination agreement of organizing railway infrastructure in the event that

Business Entity only serves as railway facilities manager.

Article 340

In issuing the business licence for railway facilities as referred to in Article 338, Minister

shall observe:

a. railway master plan according to the level;

b. railway construction plan according to the level;

c. train track network; and

d. train service network.

Article 341

A Business Entity that has obtained business licence for organizing railway facilities

must:

a. fulfill the obligations specified in the business licence for organizing railway

facilities;

b. have operational licence by two (2) years as of the issue of business licence;

c. report any changes in company ownership or company domicile in the event of

any changes; and

d. report its business activities to licensor every year.

Article 342

(1) A Business Entity that has obtained the business licence for organizing railway

facilities may apply for the operational licence for railway facilities.

(2) The operational licence as referred to in Item (1) may be applied for by a

Business Entity upon conducting the activities of:

a. preparation of railway facilities technical specifications;

b. feasibility study; and

c. procurement of railway facilities.

PP No. 56/2009 – translation - page100

Article 343

(1) The technical specifications of railway facilities as referred to in Article 342 Item

(2) sub-item a shall be formulated by Business Entity referring to the technical

specifications of railway facilities determined by Minister.

(2) The technical specifications of railway facilities as referred to in Item (1) shall

obtain the approval from Minister.

Article 344

The feasibility study as referred to in Article 342 Item (2) sub-item b shall at least set

forth the analysis on:

a. public socio-economics;

b. transport;

c. estimate of railway facilities procurement; and

d. technical, economical, and financial feasibility.

Article 345

Further provisions on business licence for organizing railway facilities shall be


Paragraph 5

Operational Licence for Public Railway Facilities

Article 346

(1) A Business Entity having the business licence for organizing railway facilities may

apply for the issue of operational licence to:

a. Minister if it pertains to public railway infrastructure operation, the track

network of which trespasses provincial and/or state border;

b. Governor if it pertains to public railway infrastructure operation, the track

network of which trespasses regency/municipal border within one province;

and

c. regent/mayor if it pertains to public railway infrastructure operation, the

track network of which is within a regency/city.

(2) To obtain the operational licence as referred to in Item (1), a Business Entity

must meet the following requirements of:

a. having feasibility study;


b. having two (2) series of train at minimum, all of which are in accordance

with railway facilities technical specifications;

c. having passed initial testing as evident from the certificate of initial testing if

it pertains to railway facilities that are going to be operated;

d. having railway facilities crew, care workers, and examiners who hold skills

certificate;

e. having system and procedure for the operation, examination, and

maintenance of railway facilities; and

f. mastering railway maintenance facilities.

(3) The operational licence as referred to in Item (1) is issued for a maximum of five

(5) years’ period and renewable to a maximum of five (5) years for each renewal.

Article 347

(1) Pursuant to the operational licence application as referred to in Article 346 Item

(1), Minister, governor, or regent/mayor evaluates the fulfillment of requirements

on operational licence application.

(2) Minister, governor, or regent/mayor, according to their authority, may approve or

reject the operational licence application as referred to in Item (1).

(3) In the event that the application is rejected as referred to in Item (2), Minister,

governor, or regent/mayor, according to their authority, may inform the rejection

explicable by obvious reason and request for fulfillment of the requirements by

Business Entity.


a Business Entity may re-apply for the operational licence to Minister, governor,

or regent/mayor according to their authority.


Minister, governor, or regent/mayor, according to their authority, issues the

operational licence.

Article 348

Railway facilities manager that has obtained the operational licence must:

a. operate railway facilities;

b. comply with laws and regulation concerning railway;

c. comply with other laws and regulation relating to preservation of environmental

function;


d. be held liable for operating railway facilities;

e. periodically report the operasional activities of railway facilities to the licensor;

and

Article 349

Further provisions on issuance of procedure for railway facilities operational licence and

co-operation between railway facilities manager shall be incorporated in Ministrial

Regulation.

Part 3

Licencing of Organizing Specific Railway

Paragraph 1

General

Article 350

(1) Specific railway is organized on a limited manner in a region serving the principal

activity of a Business Entity.

(2) In the event that the region supports activities but its principal activities, the

organizing of specific railway may only be done in the region of principal activity

to one point in the supporting region.

Article 351

(1) The specific rail track construction requiring an intersection with public trail track,

road, canal, waterworks, and/or other infrastructure is made non-planar.

(2) In the event that the intersection is made on the existing specific rail track, the

licence shall be sought after from specific railway infrastructure owner.

(3) Specific railway manager must permit a non-planar intersection for the

construction of public rail track, road, canal, waterworks, and/or other

infrastructure for public interest.

Article 352

(1) Business Entity organizing specific railway must possess:

a. construction permit; and

b. operational licence.

(2) The licence as referred to in Item (1) shall be issued by:


a. Minister if it pertains to specific railway organizing, the track network of

which trespasses provincial and/or state border;

b. Governor if it pertains to specific railway organizing, the track network of

which trespasses regency/municipal border within one province upon


c. regent/mayor if it pertains to specific railway organizing, the track network

of which is within a regency/city upon obtaining the recommendations from

governor and approval from Minister.

Paragraph 2

Construction Permit for Specific Railway

Article 353

A Business Entity organizing railway to support its principal activity must apply for

specific railway construction permit.

Article 354

(1) In order to obtain construction permit for specific railway as referred to in Article

353, the Business Entity shall first obtain the approval on the principles of specific

railway construction.

(2) The approval on the principles of specific railway construction shall be granted

by:


which trespasses provincial border;







(3) The application for approval on the principles of specific railway construction

proposed by a Business Entity along with documents of:



c. business license;

d. domicile certificate of the company


e. location map of specific railway infrastructure; and

f. review on suitability between specific railway plan and its principal activity

Article 355

(1) A Business Entity that has obtained approval on the principles of specific railway

construction shall undergo the activities of:

a. technical planning;

b. environmental impact assessment or attempts in managing and monitoring

environment (UKL and UPL); and

c. land acquisition.

(2) In the event that two (2) years have elapsed after the grant of approval on

construction principles, but the Business Entity has not conducted the activities as

referred to in Item (1) sub-items a and b, the approval on construction principles

shall be declared revoked.

Article 356

(1) Business Entity that has applied the provisions as referred to in Article 355 Item

(1) may apply for specific railway construction permit to:


which trespasses provincial border;

b. governor if it pertains to specific railway organizing, the track network of

which trespasses regency/municipal border within one province; and

c. regent/mayor, if it pertains to specific railway organizing, the track network

of which is within a regency/city.

(2) The application for specific railway construction permit as referred to in Item (1)

shall be accompanied by the documents of:

a. approval letter on the principles of specific railway construction;

b. calculation-based design;

b. technical drawings;

c. field data;

d. implementation schedule;

f. technical specifications;

g. environmental impact assessment or attempts in managing and monitoring


h. implementating methods;


i. construction permit;

j. other permit complying with laws and regulations;

k. recommendations from regent/mayor, the region of which shall be passed

by train track; and

l. land acquisition as much as at least ten (10) per cent of the total land space

required.

Article 357

Minister, governor, atau regent/mayor, according to their authority, evaluates the

requirements as referred to in Article 356 Item (2) proposed by Business Entity.

Article 358

(1) The application for specific railway construction, the track network of which

trespasses provincial border, shall be filed by the Business Entity to Minister.




approve or reject the application for specific railway construction permit.


informs the rejection explicable by obvious reason and requests the Business

Entity to fulfill the requirements.

(5) In the event that the fulfillment of requirements as referred to in Item (4) has

been fulfilled, the Business Entity may re-apply for specific railway construction

permit to Minister.


Minister issues the licence for specific railway construction.

Article 359

(1) The application for specific railway construction permit, the track network of

which trespasses regency/municipal borders in one province as referred to in

Article 356 Item (1) sub-item b, shall be filed by the Business Entity to governor

completed with the technical requirements as referred to in Article 356 Item (2).





requirements are fulfilled, governor may give recommendations for approval on

specific railway, and if the requirements are not fulfilled, governor may return it

to the Business Entity to fulfill the requirements.

(4) The recommendations for approval on specific railway construction as referred to

in Item (3) is submitted by governor to Minister accompanied by technical

requirements for approval by Minister.




grant the approval for specific railway construction.





issues the permit for specific railway construction.

Article 360

(1) The operational licence application for specific railway construction, the track

network of which trespasses regency/municipal borders as referred to in Article

356 Item (1) sub-item c, shall be filed by the Business Entity to regent/mayor

completed with the technical requirements as referred to in Article 356 Item (2).


the fulfillment of requirements as referred to in Article 356 Item (2).


requirements are fulfilled, regent/mayor may forward the application to governor



requirements, regent/mayor returns it to the Business Entity to fulfill.

(5) Upon obtaining the recommendations from governor, regent/mayor files the

application as referred to in Item (1) to Minister for approval accompanied by

technical requirements and governor’s recommendations.





grant approval for specific railway construction.





issues the licence for specific railway construction.

Article 361

Licence for specific railway construction as referred to in Article 358 Item (6), Article

359 Item (8), and Article 360 Item (9) shall at least contain:

a. identity of Business Entity;

b. location of specific railway infrastructure construction;

c. term of specific railway infrastructure construction;

d. obligation to the pemit holder of specific railway construction;

e. regulations to revoke permit for railway infrastructure construction; and

f. permit validity for specific railway construction.

Article 362

In implementing specific railway construction, a Business Entity that has obtained the

permit for railway infrastructure construction must:

a. implement the construction of specific railway infrastructure and the procurement

of specific railway facilities at least two (2) years as of permit issuance.

b. be held liable for the impact occurred during the construction of specific railway

infrastructure; and

c. report the construction activity of specific railway periodically every six (6)

months to the issuer of construction permit.

Article 363

Further provisions on procedure for granting approval on specific railway construction

principles and procedure for granting licence for specific railway construction shall be



Paragraph 3

Operational Licence for Specific Railway

Article 364

(1) The operational licence for specific railway as referred to in Article 352 Item (1)

sub-item b shall be issued by:


which trespasses provincial and state border;







(2) The operational licence for specific railway as referred to in Item (1) shall prevail

as long as the Business Entity organizing specific railway continues running its

principal activity.

Article 365

To acquire the operational licence for specific railway, a Business Entity must fulfill the

following requirements:

a. the construction of railway infrastructure and procurement of specific railway

facilities shall have satisfied the worthiness requirements and have passed the

initial testing;

b. it shall have the system and procedure for the operation, examinataion, and

maintenance of specific railway infrastructure and facilities;

c. there are infrastructure officers or crew of facilities, care workers, examiner of

specific railway infrastructure and facilities, all of whom shall hold skills certificate.

Article 366

A Business Entity that has fulfilled the requirements as referred to in Article 365 may

apply for operational licence for specific railway to:

a. Minister if it pertains to specific railway operation, the track network of which

trespasses provincial and state border;

b. Governor if it pertains to specific railway operation, the track network of which

trespasses regency/municipal border within one province;


c. regent/mayor if it pertains to specific railway operation, the track network of

which is within a regency/city.

Article 367

In issuing operational licence for specific railway as referred to in Article 366, Minister,

governor, and regent/mayor shall observe:

a. technical operational requirements of specific railway facilities and infrastructure;

and

b. standards in safety to infrastructure operation and specific railway facilities.

Article 368

Further provisions on technical requirements and safety standards in specific railway

operation as referred to in Article 367 shall be incorporated in Ministrial Regulation.

Article 369

(1) Pursuant to the application as referred to in Article 366 sub-item a, Minister

evaluates the fulfillment of requirements as referred to in Article 365.


approve or reject the application.


informs the rejection explicable by obvious reason and/or requests the Business

Entity to fulfill the requirements.


the Business Entity may re-apply for specific railway operational licence to

Minister.


Minister issues the operational licence for specific railway.

Article 370

(1) Pursuant to the application as referred to in Article 366 sub-item b, governor

evaluates the requirements as referred to in Article 365.

(2) Pursuant to the outcome of evaluation as referred to in Item (1), governor may

reject or approve the application for operational licence.

(3) In the event that governor rejects the application for specific railway operational

licence, governor returns it to the Business Entity to fulfill the requirements.


(4) In the event governor approves the application, prior to issuing operational

licence, governor applies for approval on operational licence issuance to Minister.

(5) Minister evaluates the application as referred to in Item (4).

(6) Pursuant to the outcome of evaluation as referred to in Item (5), Minister grants

the approval for specific railway operation.

(7) Minister’s approval as referred to in Item (6) may be accompanied by particular

requirements that the Business Entity shall fulfill.


fulfilled by the Business Entity, pursuant to approval from Minister, the

Government issues the licence for specific railway construction.

Article 371

(1) Pursuant to the application as referred to in Article 366 sub-item c, regent/mayor

evaluates the requirements as referred to in Article 365.

(2) Pursuant to to the outcome of evaluation as referred to in Item (1), regent/mayor

may reject or approve the application for operational licence.

(3) In the event that regent/mayor rejects the application for specific railway

operational licence, regent/mayor returns it to the Business Entity to fulfill the

requirements.

(4) In the event that regent/mayor approves the application, prior to issuing

operational licence, regent/mayor applies for approval on operational licence to

Minister through governor.

(5) Governor forwards the application of regent/mayor as referred to in Item (4) to

Minister along with the recommendations.

(6) Pursuant to the application as referred to in Item (5), Minister conducts an

evaluation.

(7) Pursuant to the outcome of evaluation as referred to in Item (6), Minister grants

the approval on specific railway operation.





issues the operational licence for specific railway.

Article 372


A Business Entity that has obtained the operational licence for specific railway must:

a. comply with laws and regulation concerning railway;

b. comply with laws and regulation concerning preservation of environmental

function;

c. be liable for specific railway operation; and

d. periodically report the operational activities of specific railway to licensor.

Article 373

The operational licence for specific railway may be transferred to another Business

Entity in the same time with the transfer of its principal activity upon obtaining licence

from:

a. Minister if it pertains to specific railway operation, the track network of which

trespasses one province;

b. Governor if it pertains to specific railway operation, the track network of which

trespasses regency/municipal border within one province; and

c. regent/mayor if it pertains to specific railway operation, the track network of

which is within a regency/city.

Article 374

(1) A Business Entity that has obtained the operational licence for specific railway

may co-operate with other railway manager to operate specific railway upon

obtainment the approval from Minister.

(2) The co-operation of operating specific railway as referred to in Item (1) shall not

change the function of specific railway.

Article 375

(1) Under an emergency circumstances, Minister, governor, or regent/mayor may

delegate specific railway manager to serve public interest in compliance with laws

and regulation.

(2) Specific railway manager in serving public interest shall refer to minimum service

standards.


Article 376

Further provisions on procedure for issuing specific railway operational licence, transfer

of specific railway operational licence, and co-operation of specific railway operation

shall be incorporated in Ministrial Regulation.

CHAPTER VI

RAILWAY MANAGEMENT

Part 1

National Railway Management

Article 377

(1) National Railway Management is done by Minister.

(2) The management as referred to in Item (1) shall include:

a. determination of direction and objective of the policies on national,

provincial, and regency/municipal railway development;

b. determination of guidelines, standards, as well as procedure for organizing

and developing railway;

c. determination of competency of the officials performing functions in the

domain of railway;

d. provision of directions, guidance, training, as well as technical aids to local

government, organizer and user of railway services; and

e. supervision of the realization of railway system development.

Article 378

(1) The determination of direction and objective of the policies on national railway as

referred to in Article 377 Item (2) sub-item a shall include:

a. development direction and objective of intercity, interprovince, and

intercountry railway performance; and

b. development direction and objective of interprovince urban railway

performance.

(2) The determination of direction and objective of the policies on provincial railway

development as referred to in Article 377 Item (2) sub-item a shall include:

a. development direction and objective of intercity railway performance within

a province; and

b. development direction and objective of urban railway performance.


(3) The determination of direction and objective of the policies on regency/urban

railway as referred to in Article 377 Item (2) sub-item a shall include development

direction and objective of urban railway development in regency/municipal

region.

Article 379

The determination of guidelines, standards, procedure for organizing and developing

railway as referred to in Article 377 Item (2) sub-item b shall include guidelines,

standards, procedure for:

a. railway infrastructure construction and railway facilities procurement;

b. organizing of railway infrastructure and facilities;

c. maintenance of railway infrastructure and facilities;

d. development of railway infrastructure, facilities, and human resources; and

e. managing (pengusahaan) of railway infrastructure dan railway facilities.

Article 380

The determination of official’s competence performing the function in the domain of

railway as referred to in Article 377 Item (2) sub-item c shall include:

a. official performing governmental function in technical domain of railway; and

b. crew of railway facilities, staff operating railway infrastructure, staff administering

a testing as well as staff undertaking an examination and maintenance of railway

infrastructure and facilities.

Article 381

(1) The provision of directions, guidelines, training, and technical aids to local

government as referred to in Article 377 Item (2) sub-item d shall at least

include:

a. formulation of provincial and/or regency/urban railway master plan;

b. improvement in human resources competency in the domain of provincial

and/or regency/urban railway; and

c. appointment of experts.

(2) The provision of directions, guidelines, training, and technical aids to railway

manager as referred to in Article 377 Item (2) sub-item d shall at least include:

a. train operation;


b. procedure for examination and maintenance of railway infrastructure and

facilities;

c. improvement in the competency of facilities crew and infrastructure staff;

and

d. drafting of Graphic of Train Trip (GAPEKA).

(3) The provision of directions, guidelines, training, and technical aids to services

user as referred to in Article 377 Item (2) sub-item d shall at least include:

a. understanding of safety in organizing train transport;

b. adherence to the provisions in railway organizing; and

c. orderliness of train transport.

Article 382

(1) The supervision of the realization of railway system development as referred to in

Article 377 Item (2) sub-item e shall include the activities of supervising:

a. formulation of provincial and/or regency/urban railway master plan;

b. implementation of testing on railway infrastructure and facilities;

c. institution or legal person holding study and training of tester, railway

facilities crew, railway infrastructure operating staff;

d. organizing of national, provincial, and regency/municipal railway; and

e. implementation of railway management performed by governor and

regent/mayor.

(2) The supervision as referred to in Item (1) shall be exercised through monitoring

and evaluation including corrective actions.

Article 383

In addition to supervising as referred to in Article 382, Minister audits on:

a. railway infrastructure;

b. railway facilities;

c. train traffic and transport;

d. railway human resources; and

e. railway safety.

Part 2

Management of Provincial Railway

Article 384


(1) Provincial railway management is performed by governor.


a. determination of direction and objective of the policies on provincial and

regency/urban railway development;

b. provision of directions, guidance, training, as well as technical aids in the

domain of railway development and operation to regency/municipal

government, organizer, and user of railway services; and

c. supervision of the organizing of provincial railway.

Article 385

(1) The determination of direction and objective of the policies on provincial railway

development as referred to in Article 384 Item (2) sub-item a shall include:

a. development direction and objective of intercity railway within a province;

and

b. development direction and objective of urban railway performance.

(3) The determination of direction and objective of the policies on regency/urban

railway development as referred to in Article 384 Item (2) sub-item a shall include

development direction and objective of urban railway development in

regency/municipal region.

Article 386

(1) The provision of directions, guidelines, training, and technical aids to

regency/municipal government as referred to in Article 384 Item (2) sub-item b


a. formulation of regency/urban railway master plan;

b. improvement in human resources competency in the domain of


c. appointment of experts.

(2) The provision of directions, guidelines, training, and technical aids to railway

manager as referred to in Article 384 Item (2) sub-item b shall at least include:

a. operation of provincial and/or regency/urban railway;

b. procedure for examination and maintenance of provincial and/or

regency/urban railway infrastructure and facilities;

c. improvement in the competency of provincial and/or regency/urban railway

facilities crew and infrastructure officer; and


d. drafting of provincial and/or regency/urban Graphic of Train Trip (GAPEKA).


user as referred to in Article 384 Item (2) sub-item b shall at least include:

a. understanding of safety aspect in organizing train transport;



Article 387

(1) The supervision of the organizing provincial railway as referred to in Article 384

Item (2) sub-item c shall include the activities of supervising:

a. construction of provincial railway infrastructure and procurement of

provincial railway facilities

b. operation of provincial railway infrastructure and facilities

c. maintenance of provincial railway infrastructure and facilities

d. managing of provincial railway infrastructure and facilities

e. practice of railway management performed by regent/mayor.



Part 3

Regency/Urban Railway Management

Article 388

(1) Regency/urban railway management is performed by regent/mayor.


a. determination of direction and objective of the policies on regency/urban

railway development;

b. provision of directions, guidance, training, as well as technical aids in

construction and operation to railway manager and services user in its area;

and

c. supervision of the implementation of organizing regency/urban railway.

Article 389

The direction and objective of the policies on regency/urban railway as referred to in

Article 388 Item (2) sub-item a is determined by provisioning development directions

and objective of urban railway performance in regency/municipal region.


Article 390

(1) The provision of directions, guidelines, supervision, training, licencing, as well as

technical aids in the domain of construction and operation to railway manager as

referred to in Article 388 Item (1) sub-item b shall at least include:

a. operation of regency/urban railway;

b. procedure for examination and maintenance of regency/urban railway

infrastructure and facilities;

c. improvement in the competency of regency/urban railway facilities crew and

railway infrastructure staff; and

d. drafting of provincial and/or regency/urban Graphic of Train Trip (GAPEKA).


user as referred to in Article 388 Item (2) sub-item b shall at least include:

a. understanding of safety aspect in organizing train transport;



Article 391

(1) The supervision of the organizing of regency/urban railway as referred to in

Article 388 Item (2) sub-item c shall include the activities of supervising:

a. construction of infrastructure and procurement of regency/urban railway

facilities

b. operation of regency/urban railway infrastructure and facilities

c. maintenance of regency/urban railway infrastructure and facilities

d. organizing of regency/urban railway infrastructure and facilities



Article 392

Further provisions on procedure for railway management shall be incorporated in

Ministrial Regulation.


CHAPTER VII

PUBLIC PARTICIPATION

Article 393

The publics reserve the rights :

a. to give input to the Government, railway infrastructure manager, and railway

facilities manager in the framework of management, organizing, and supervision

of railway;

b. to receive services of railway manager according to the minimum service

standards; and

c. to obtain information regarding the principles of railway master plan principles

and railway services.

Article 394

(1) The input provision to the government as referred to in Article 393 sub-item a

may be forwarded to Minister, governor, or regent/mayor.

(2) The input provision as referred to in Item (1) shall be conveyed in writing and

accompanied by data on the name, address, and enclosure of photocopy of ID

card.

(3) The input as referred to in Item (1) may take the form of information,

suggestion, or opinion clearly described along with data, facts, and suggestions

for railway management and organizing.

Article 395

Minister, governor, or regent/mayor responses in writing or orally pursuant to the input

given by the publics.

Article 396

(1) In rendering services in railway organizing to the publics, railway manager shall

give equal treatment to every member of the society within the limits of

availability of railway infrastructure and facilities.

(2) The publics receiving the services in railway organizing shall pay the services

enjoyed according to the tariffs imposed by railway manager.


Article 397

(1) Minister, governor, atau regent/mayor publishes the principles of railway master

plan to the publics on internet sites.

(2) Railway manager publishes the information concerning railway services through

multimedia network.

CHAPTER VIII

ADMINISTRATIVE SANCTION

Article 398

(1) The legal person that does not carry out the obligations as referred to in Article

83 shall be imposed administrative sanction.

(2) Legal person and institution holding study and training that does not carry out the

obligations as referred to in Article 257 Item (1), Article 268 Item (1), Article 284,

Article 288 Item (1), Article 297, or Article 301 Item (1) shall be imposed

administrative sanction.

(3) Legal person and testing institution that does not carry out the obligations as

referred to in Article 159 Item (1) or Article 210 Item (1) shall be imposed

administrative sanction.

(4) The managers of railway infrastructure and facilities that does not carry out the

obligations as referred to in Article 163 Item (1), Article 166 Item (2), Article 171

Item (1), Article 173 Item (3), Article 182 Item (1), Article 198 Item (1), Article

222 Item (1), Article 229 Item (1), Article 271 Item (1), Article 274 Item (1),

Article 277 Item (1), Article 290 Item (1), Article 328, Article 331, Article 336,

Article 341, Article 348, Article 351 Item (3), Article 362, atau Article 372, shall be

imposed administrative sanction.

(5) The administrative sanctions as referred to in Items (1), (2), (3), and (4) shall be

imposed following the steps below:

a. written reprimand,

b. suspension of certificate or license,

c. revokation of certificate or license.

(6) The administrative sanctions as referred to in Item (5) shall be imposed by

Minister, governor, or regent/mayor according to their authority.


Article 399

(1) The administrative sanctions in the form of written reprimand as referred to in

Article 398 Item (5) sub-item a shall be imposed maximum twice consecutively in

thirty (30) calendar days’ period for each imposition.

(2) The legal person and institution administering testing, study and training

institution, railway infrastructure manager, as well as railway facilities manager

that does not carry out their obligations after the expiry of the second written

reprimand as referred to in Item (1), shall be imposed administrative sanction in

the form of suspension of certificate.

(3) The suspension of certificate or license as referred to in Item (2) shall be imposed

for a thirty (30) calendar days’ period.

(4) The legal person and institution administering testing, study and training

institution, railway infrastructure manager, as well as railway facilities manager

that does not carry out their obligations after the expiry of suspension of

certificate or license as referred to in Item (3) shall be imposed administrative

sanction in the form of revokation of certificate or license.

(5) In the event that the implementation of construction or operation carried out by

railway infrastructure manager and railway facilities manager has caused

environmental damaged, railway infrastructure manager and/or railway facilities

manager must not only be imposed administrative sanction but also must recover

and/or repair the impact of the resulting damage.

(6) In the event that the implementation of construction or operation carried out by

railway infrastructure manager and railway facilities manager has caused

damages to the public, railway infrastructure manager or railway facilities

manager must not only be imposed administrative sanction but also must

indemnify the incurred damage costs to the injured publics.

Article 400

(1) In the event that the legal person and institution administering testing, study and

training institution conducting any activities that endanger state security or the

requirements proposed for obtaining the licence is later proven to be counterfeit,

revokation of licence shall be imposed regardless of the steps of written

reprimand or suspension of licence.

(2) In the event that the infrastructure manager and/or railway facilities manager

conducting any activities that endanger state security or the requirements


proposed for obtaining the licence is later proven to be counterfeit, withdrawal of

certificate or accreditation shall be imposed on it regardless of the steps of

written reprimand or suspension of certificate.

CHAPTER IX

MISCELLANEOUS PROVIONS

Article 401

(1) Railway track network, either the operating or non-operating one, that has been

existing when this Government Regulation prevails, shall be part of national

railway track network.

(2) The national railway track network as referred to in Item (1) shall be part of

national railway master plan.

Article 402

(1) Public railway infrastructure, either the operating or non-operating one, that has

been existing when this Government Regulation prevails shall comprise the direct

and indirect state-owned assets.

(2) Public railway infrastructure that constitutes the indirect state-owned assets as

referred to in Item (1) is organized by state-owned Business Entity having

observed railway master plan and general and technical policies on the domain of

railway.

Article 403

(1) All state assets relating to railway organizing that have become the indirect state-

owned assets may only be used, in co-operation with a third party, or function-

transferred pursuant to the provisions applicable to corporations and the

provisions in the domain of railway organizing as referred to in this Government

Regulation.

(2) The usage, co-operation with a third party, or transfer of function of the indirect

state-owned assets as referred to in Item (1) shall obtain the approval from

Minister and/or Minister who is in charge of state-owned Business Entity

according to their authority.


CHAPTER X

CLOSING PROVISIONS

Article 404

Upon the enactment of this Government Regulation, Government Regulation Number

69 of 1998 concerning Train Facilities and Infrastructure (State Gazette of the Republic

of Indonesia No. 133 of 1998, Supplement to State Gazette No. 3777) is revoked and

nullified.

Article 405

Upon the enactment of this Government Regulation, all implementation regulations

governing the existing railway master plan, railway organizing, railway infrastructure

dnd railway facilities are declared to remain in effect provided that it is not

contradictive to or amended pursuant to this Law.

Article 406

This Law shall take effect on the day it is promulgated.

In order that this Law is known to the public, it is hereby ordered that this Law be

promulgated in the State Gazette of the Republic of Indonesia.

Enacted in Jakarta

on 18 September 2009

PRESIDENT OF THE REPUBLIC OF INDONESIA,

Promulgated in Jakarta

on 18 September 2009

MINISTER OF LAW AND HUMAN RIGHTS OF

THE REPUBLIC OF INDONESIA,

Pp No 56 Tahun 2009 - Translation

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Transcript of Pp No 56 Tahun 2009 - Translation