Personalisasi
Halo,
Anda,

Segera Upgrade paket berlangganan Anda.
Dapatkan fitur lebih lengkap
Profil
Ada pertanyaan? Hubungi Kami
Bahasa
id-flag
en-flag

Transactions with Foreign Parties Using Foreign Currencies in Indonesia

Share
copy-paste Share Icon
Ilmu Hukum

Transactions with Foreign Parties Using Foreign Currencies in Indonesia

Transactions with Foreign Parties Using Foreign Currencies in Indonesia
Dian Dwi Jayanti, S.H.Si Pokrol
Si Pokrol
Bacaan 10 Menit
Transactions with Foreign Parties Using Foreign Currencies in Indonesia

PERTANYAAN

Are Indonesian fishermen who sell fish to foreign parties violate any laws? Then, if the payment is using a foreign currency, is this also a violation of the laws?

DAFTAR ISI

    INTISARI JAWABAN

    Basically, Indonesian fishermen may sell fish to foreign parties, however, there are provisions from the minister that regulate the determination of what types of fish may be traded to and from Indonesian territory. Then, rupiah must be used in a transaction that has a payment purpose.

    So, what if fishermen and foreign parties conduct transactions using foreign currencies? Are there any exceptions? What are the legal provisions?

    Please read the review below for a further explanation.

    ULASAN LENGKAP

    This article is an English translation of Bertransaksi dengan Pihak Asing Menggunakan Mata Uang Asing di Wilayah Indonesia written by Dian Dwi Jayanti, S.H., and was published on Friday, 10 March 2023.

    This article below is an update of the article with the same title, which was first written by Tri Jata Ayu Pramesti, S.H., and was first published on Monday, 29 September 2014. 

    All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

    Provision of Fisheries in Indonesia

    Before answering your question, we will assume that the sea you are referring to is a sea within Indonesian territory. The sovereignty as an archipelagic country includes lands, inland waters, archipelagic waters, and territorial sea, including air space above them and seabed and its subsoil thereof, including natural resources therein.[1]

    Also read: Maritime Zone Boundaries and International Law of the Sea Dispute Settlement

    Belajar Hukum Secara Online dari Pengajar Berkompeten Dengan Biaya TerjangkauMulai DariRp. 149.000

    Furthermore, basically, the Government and the Regional Government in accordance with their authority shall conduct Marine Management for the prosperity of the people through the utilization and exploitation of Marine Resources using blue economic principles.[2] One of the exploitation of Marine Resources is the fishery,[3] which is all activities related to the management and utilization of fish resources and their environment starting from pre-production, production, post-production, and processing to marketing which are carried out in a fishery business system.[4]

    Can Fishermen Sell Fish to Foreign Parties?

    In essence, Indonesian fishermen may sell fish to foreign parties, however, there are provisions from the laws and regulations and the minister which regulate the determination of what types of fish may be traded to and from Indonesian territory.

    The said provision can be found under Article 7 section (1) letter t and u Law 45/2009, that state:

    In order to support the management of fish resources policy, the Minister shall stipulate types of fish that are prohibited to be traded, imported, and exported to and from the territory of the Republic of Indonesia as well as protected species of fish.

    Examples of provisions regarding the prohibition of exporting certain types of fish are found under Article 1 Regulation of the Minister of Maritime Affairs and Fisheries 18/2020, as follows:

    1. Every person or corporation is prohibited from releasing/exporting Arowana fish (Scleropages sp.) and Botia fish (Chromobotia macracanthus) from the territory of the Republic of Indonesia to outside the territory of the Republic of Indonesia.
    2. Arowana fish (Scleropages sp.) include:
    1. Super Red Arowana fish (Scleropages formosus), is a fish less than 12 cm (twelve centimeters) including eggs; and
    2. Arowana Jardinii (Scleropages jardinii), is a fish less than 10 cm (ten centimeters) including eggs.
    1. Botia fish (Chromobotia macracanthus) is a fish less than 3.5 cm (three point five centimeters) and more than 10 cm (ten centimeters).
    2. The descriptions of Arowana fish (Scleropages sp.) and Botia fish (Chromobotia macracanthus) as referred to in section (2) and section (3) are set out in the Appendix which constitutes an integral part of this Regulation of the Minister.

    Provision of the Transaction with Foreign Party

    According to Article 21 section (1) Law 7/2011, rupiah shall be used in:

    1. any transaction which has a payment purpose;
    2. settlement of other obligations which have to be settled by using money; and/or
    3. other transactions.

    Thus, in response to your question, the abovementioned provision affirms that any transactions which have the purpose of payment within Indonesian territory are required to use rupiah. Still, in relation to Article 21 section (1) Law 7/2011, Article 33 section (1) Law 7/2011 states that:

    Any person who does not use rupiah in:

    1. any transaction which has a payment purpose;
    2. settlement of other obligations which have to be settled by using money; and/or
    3. other financial transactions as referred to in Article 21 section (1) shall be sentenced with imprisonment for a maximum of 1 (one) year and subject to a fine maximum in the amount of Rp200.000.000, 00 (two hundred million rupiahs).

    So, if a fisherman receives foreign currency, does the fisherman have the right to reject the foreign currency which he receives from the foreign party? This is regulated under Article 23 Law 7/2011, which is:

    1. Every person is prohibited to refuse in accepting rupiah whose handover is intended as payment or to settle an obligation which must be settled with rupiah and/or for the other financial transactions in the Territory of the Unitary State of the Republic of Indonesia.
    2. The provisions as referred to in paragraph (1) shall be excluded for the payment or the settlement of an obligation in a foreign currency which has been agreed in writing.

    Therefore, in our opinion, the above provisions can be interpreted as a violation of the law for fishermen who receive foreign currency (exchange) as payment. Unless he is in doubt as to the authenticity of the rupiah or there has been an obligation to pay in foreign currency that has been agreed in writing.

    There is also a criminal sanction for a person who refuses to accept rupiah whose handover is intended to settle as a payment or to settle an obligation that has to be settled by using rupiah and/or other financial transactions in the Territory of the Republic of Indonesia, unless due to doubt regarding the originality of rupiah as referred to in Article 23 Law 7/2011, shall be sentenced with imprisonment for a maximum of 1 (one) year and subject to a fine maximum in the amount of Rp200.000.000, 00 (two hundred million rupiah).[5]

    Also read: This is the Regulation of the Use of Rupiah in Indonesia

    In conclusion, fishermen may sell fish to foreign parties by taking into account the rules regarding the prohibition of the release/export of certain types of fish in accordance with the Regulation of the Minister of Maritime Affairs and Fisheries 18/2020. In addition, foreign parties who engage in fish sales and purchase transactions with Indonesian fishermen in Indonesian waters are required to use rupiah currency as legal tender. If the parties violate the provisions, then the parties may be threatened with imprisonment for a maximum of 1 (one) year and a maximum fine of IDR 200 million.

    Enrich your legal research with the latest bilingual legal analysis, as well as the collection of regulatory translations integrated into Hukumonline Pro, click here to learn more.

    These are the answers we can provide, we hope you will find them useful.

    Legal Basis:

    1. Law Number 31 of 2004 on Fishery as amended by Law Number 45 of 2009 on the Amendment to Law Number 31 of 2004 on Fishery;
    2. Law Number 7 of 2011 on Currency;
    3. Law Number 32 of 2014 on Marine Affairs;
    4. Law Number 7 of 2016 on the Protection and Empowerment of Fishermen, Fish Farmers, and Salt Farmers;
    5. Regulation of the Government in Lieu of Law of the Republic of Indonesia Number 2 of 2022 on Job Creation;
    6. Regulation of the Minister of Maritime Affairs and Fisheries Number 18 of 2020 on the Prohibition of the Export of Arowana Fish (Scleropages Sp.) and Botia Fish (Chromobotia Macracanthus) from the Territory of the Republic of Indonesia to Outside the Territory of the Republic of Indonesia.

    [1] Article 5 section (2) Law Number 32 of 2014 on Marine Affairs (“Law 32/2014”).

    [2] Article 14 section (1) Law 32/2014.

    [3] Article 14 section (2) letter a Law 32/2014.

    [4] Article 115 number 1 Regulation of the Government in Lieu of Law of the Republic of Indonesia Number 2 of 2022 on Job Creation (“Perppu 2/2022”) which amended Article 1 number 20 Law Number 7 of 2016 on the Protection and Empowerment of Fishermen, Fish Farmers, and Salt Farmers (“Law 7/2016”).

    [5] Article 33 section (2) Law Number 7 of 2011 on Currency (“Law 7/2011”).

    Tags

    klinik english edition

    Punya Masalah Hukum yang sedang dihadapi?

    atauMulai dari Rp 30.000
    Baca DisclaimerPowered byempty result

    KLINIK TERBARU

    Lihat Selengkapnya

    TIPS HUKUM

    Cara Pindah Kewarganegaraan WNI Menjadi WNA

    25 Mar 2024
    logo channelbox

    Dapatkan info berbagai lowongan kerja hukum terbaru di Indonesia!

    Kunjungi

    Butuh lebih banyak artikel?

    Pantau Kewajiban Hukum
    Perusahaan Anda Di Sini!