PP No. 178/2014 on the Establishment of Maritime Security Board
As previously reported, coincided with celebration of Archipelago Day 2014 held in Kotabaru, South Borneo on Monday (15/12), President Joko Widodo (Jokowi) officially announced the establishment of Maritime Security Board (BAKAMLA)
Cabinet Secretary (Seskab) Andi Wijayanto who accompanied President Jokowi attended the celebration of 2014 Archipelago Day in Kotabaru said that the establishment of BAKAMLA was based on Presidential Decree Number 178 of 2014 on BAKAMLA.
In the decree signed by President Jokowi on 8th December 204 it is said that Bakamla is coordinated by Coordinating Minister of Politic, Law, and Security (Polhukam), and it coordinates with Coordinating Minister of Maritime for the management and utilization of marine resources.
BAKAMLA is responsible to the President through Coordinating Minister of Polhukam, Article 2 of the decree says.
BAKAMLAs duty is conducting security and safety patrol in Indonesian waters and jurisdiction area.
In performing the duty, BAKAMLA carries out the functions, among others are: a. surveillance, monitoring and prevention, and enforcement of law violation in Indonesian waters; b. synergizing and monitoring water patrol by the related agencies; and c. providing search and rescue assistance in the areas of Indonesian waters and jurisdiction.
According to the decree, BAKAMLA is authorized to: a. do hot pursuit; b. stop, check, arrest, bring and hand the ship over to the in charge agency for further legal process; and c. synergize information system of security and safety in Indonesian waters and jurisdiction.
BAKAMLAs organization consists of : a. Chairman; b. Principal Secretary; c. Deputy for Policy and Strategic; d. Deputy for Operational and Exercise; and e. Deputy for Information, Law, and Cooperation.
Principal Secretary consists of 3 (three) Bureaus at most; each bureau is composed of 4 (four) sections at most; and each section is composed of 3 (three) sub-sections at most, Article 10 of Perpres No. 178/2014 says.
As for Deputy, it consists of 3 (three) Directorates; and each of it is composed of 3 sub-directorates at the most, and each sub-directorate is composed of 2 (two) sections.
The personnel of BAKAMLA consist of: a. permanent employees; b. assigned employees.
In addition, in BAKAMLAs environment, certain functional positions are also set according to the needs in which its implementation is done in accordance with the provision of law.
According to Presidential Decree Number 178 of 2014, BAKAMLAs chairman is structural position of echelon I.a. or the primary high leader. Principal Secretary and Deputy are Structural position of echelon I.a. or middle-high leader.
Head of Bureau, Director, Inspector, Head of Marine Security of Maritime Zone, and Unit Head of Law Enforcement are structural positions of Echelon II.a. or Pratama High Leader, while Head of Section and Head of Sub-directorate are structural position of Echelon III.a. or administrator.
The Chairman of BAKAMLA is occupied by personnel from law enforcement agency who has patrol fleet force. The chairman is appointed and dismissed by the President based on the proposal of Coordinating Minister of Polhukam, Article 40 Paragraph (2) of the decree says.
Principal Secretary and Deputy are also appointed and dismissed by the President based on the proposal of Coordinating Minister of Polhukam.
All the funding needed for carrying out the duties, functions, and authorities of BAKAMLA is charged to State Budget, Article 42 of Presidential Decree No. 178/2014 says.
With the establishment of BAKAMLA, working program and activities which were previously carried out by BAKORKAMLA (Maritime Security Coordinating Board) became BAKAMLAs working program and activities which were in accordance with the duties, function, and authorities as set in the decree.
According to the Perpres, as this decree applies, then presidential decree Number 81 of 2005 on BAKORKAMLA is revoked and no longer valid.
The Presidential Decree comes into force on the date of enactment, Article 46 of the Perpres which was enacted by Minister of Law and Human Rights Yasonna H. Laoly on 9th December 2014 says.