MINISTER OF TRANSPORTATION

OF REPUBLIC OF INDONESIA

MINISTER OF TRANSPORTATION OF REPUBLIC OF INDONESIA

REGULATION NUMBER 66/2015

REGARDING

UNSCHEDULED INTERNATIONAL NON-COMMERCIAL AND COMMERCIAL AIR

TRANSPORTATION ACTIVITIES USING FOREIGN CIVILIAN AIRCRAFT

FROM AND TO THE NATIONAL TERRITORY OF REPUBLIC OF INDONESIA

WITH THE BLESSINGS OF THE ONE AND ONLY GOD

MINISTER OF TRANSPORTATION OF REPUBLIC OF INDONESIA,

Considering : a. Whereas, Unscheduled International non-

commercial and commercial air

transportation activities using foreign

civilian aircraft arriving to or departing

from the National Territory of Republic of

Indonesia have the potentials of violating

the principles of cabotage, flight

clearance, law on State suremacy and may

harm flight safety and security within the

Territory of Republic of Indonesia;

b. Whereas, based on the considerations

stated in item a, a Minister of

Transportation Regulation on Unscheduled

International Non-Commercial and

Commercial Air Transportation Activities

Using Foreign Civilian Aircraft From and

To the national Territory of Republic of

Indonesia must therefore be stipulated;

In Reference To : 1. Law Number 1/2009 regarding Aviation

(State Gazette of Republic of Indonesia

Number 1/2009, Addendum to State Gazette

of Republic of Indonesia Number 4956);

2. Presidential Regulation Number 24/2010

Regarding Position, Duties and Functions

of Echelon I of State Ministries as was

amended, lastly by the Presidential

Regulation Number 135/2014;

3. Presidential Regulation Number 7/2015

regarding State Ministry Organization;

4. Minister of Transportation Regulation

Number KM 25 Tahun 2008 regarding Air

Transportation as was amended, last by the

Minister of Transportation Regulation

Number PM 41/2015;

5. Minister of Transportation Regulation

Number KM 60/2010 regarding Organization

and Work Procedure of Ministry of

Transportation as was amended by the

Minister of Transportation Regulation

Number PM 68/2013;

6. Minister of Transportation Regulation

Number PM 69/2013 regarding National

Airport Administration;

DECIDING:

Stipulating : THE MINISTER OF TRANSPORTATION REGULATION ON

UNSCHEDULED INTERNATIONAL NON-COMMERCIAL AND

COMMERCIAL AIR TRANSPORTATION ACTIVITIES

USING FOREIGN CIVILIAN AIRCRAFT FROM AND TO

THE NATIONAL TERRITORY OF REPUBLIC OF

INDONESIA

CHAPTER I

GENERAL PROVISIONS

Article 1

The following definitions apply to this

Regulation:

1. Indonesian aircraft is an aircraft

bearing an Indonesian registration

certificate and nationality mark.

2. Civilian Aircraft is an aircraft used for

the purpose of commercial and non-

commercial air transportation.

3. Civilian Aircraft is an aircraft used for

commercial and non-commercial air

transportation bearing foreign

registration certificate and nationality

mark.

4. Air transportation is every activity

performed using an aircraft to transport

passengers, cargo and/or mail for one or

more trips from one airport to one or

several others.

5. Commercial air transportation is public

air transportation with passage fee.

6. Non-Commercial Air Transportation is air

transportation used to serve private

purposes and support businesses whose

main activities do not include air

transportation.

7. Unscheduled Commercial Air Transportation

is commercial air transportation

conducted on unfixed and irregular routes

at a tariff agreed upon by the service

provider and service user, which is not

published.

8. Domestic Air Transportation is a

commercial transportation activity

carried out to provide air transportation

services from one airport to another

within the National Territory of Republic

of Indonesia.

9. Foreign air transportation is a

commercial air transportation activity

which serves air transportation from a

domestic airport to another within the

territory of Republic of Indonesia and

vice versa.

10. Flight Route is an aircraft’s trajectory

from the airport of origin to the airport

of destination through the specified

flight route.

11. Airport is an area on land and/or waters

with specific borders used by the

aircrafts to land and take off, load and

unload passengers, cargo and a place of

movement between similar and different

modes of transportation equipped with

flight safety and security facilities and

other main and supporting facilities.

12. Public airport is an airport used to

serve public interests.

13. Special airport is an airport used to

serve private needs in order to support

its main business activities.

14. Domestic Airport is an airport assigned

to serve domestic flight routes.

15. International Airport is an airport

assigned to serve both domestic and

international flight routes.

16. Flight approval is an approval issued by

the authorities in the field of civil

aviation for the purpose of monitoring

and controlling air transportation

capacity and traffic rights and/or

aircraft usage.

17. Flight clearance for unscheduled foreign

aircraft is a permission to fly over

and/or land within the National Territory

of Republic of Indonesia for unscheduled

foreign aircrafts issued by the

Government of Republic of Indonesia,

which consists of Displomatic Clearance,

Security Clearance and Flight Approval.

18. Diplomatic Clearance is a form of written

permit issued by the Ministry of Foreign

Affairs of Republic of Indonesia for

unscheduled foreign aircrafts to fly over

and/or land within the National Territory

of Republic of Indonesia within a

specified period of time by taking into

account the foreign affairs policy of

Republic of Indonesia.

19. Security Clearance is one of the written

permits issued by the Headquarters of

National Indonesian Army for unscheduled

foreign aircrafts to fly over and/or land

within the National Territory of Republic

of Indonesia within a specified period of

time by taking into account the safety

factor.

20. Flight Clearance Agent is an individual

or legal entity authorized or granted the

authority to propose a flight clearance

to represent foreign air transportation

companies / individuals / legal entities.

21. Airport Business Entity is a business

entity owned by the State, Local Business

Entities or Indonesian Legal entities in

the form of limited liability companies

or cooperatives, the main of activities

of which include operating airports for

public services.

22. Air Transportation Business Entity is a

State-owned, Local Government-owned or

Indonesian legal entity in the form of

limited liability company or cooperative,

whose main activities consist of

operating airports to transport

passengers, cargo and/or mail in exchange

for fee.

23. Foreign legal entity is a foreign air

transportation company or a company which

operates foreign aircrafts.

24. Airport Management Unit 9 is a government

institution at an airport serving as

airport management which provides

airport-related services for non-

commercial airports.

25. Airport Authority is a government

institution assigned by the Minister and

authorized to perform and monitor the

fulfillment of provisions of law in order

to guarantee aviation safety, security

and services.

26. Minister is a Minister responsible for

aviation.

27. Director General is Director General

responsible for air transportation.

28. Director is a Director whose duties and

responsibilities in the field of air

transportation.

CHAPTER II

Types of Air Transportation Activities

Article 2

(1) Air transportation activities consist of:

a. Commercial air transportation; and

b. Non-commercial air transportation.

(2) Commercial Air Transportation as stated

in Section (1) item a consists of:

a. National Commercial air

transportation; and

b. Foreign Commercial air

transportation.

(3) Non-Commercial Air Transportation as

stated in Section (1) item b consists of

the following:

a. National Non-commercial air

transportation; and

b. Foreign Non-commercial air

transportation.

Article 3

(1) National Commercial Air Transportation as

stated in Article 2 Section (2) item a

consists of the following:

a. Scheduled commercial national air

transportation; and

b. Unscheduled commercial national air

transportation.

(2) Foreign Commercial Air Transportation as

stated in Article 2 Section (2) item b

consists of the following:

a. Scheduled commercial foreign air

transportation; and

b. Unscheduled commercial foreign air

transportation.

Article 4

Foreign non-commercial air transportation

activity as stated in Article 2 Section (3)

item b includes:

a. Air transportation to transport state

officials or employees or people employed

by companies with non-commercial air

transportation activity permit;

b. Air transportation for private flights;

c. Air transportation for sports activities;

or

d. Other non-commercial air transportation

whose main activities do not include

commercial air transportation.

Article 5

Unscheduled foreign commercial air

transportation activity as stated in Article 3

Section (2) item b includes:

a. Certain groups with similar purpose and

intention of non-tourism (affinity

group);

b. Passenger groups who purchase the entire

or a part of the aircraft’s capacity for

travel packages, including local

accommodations and transportation

(charter tour included);

c. Someone who purchase the aircraft’s

entire capacity for its own private use

(own use charter);

d. Air taxi;

e. Unscheduled commercial air transportation

for foreign cargo;

f. Indonesian air traffic aviation

(overflying);

g. Technical landing for non-commercial

purposes; or

h. other unscheduled commercial air

transportation activities, eg. one

aircraft carries various groups with

various purposes (split charter) for

medical assistance, humanitarian aid and

skydiving activities.

Article 6

Foreign non-commercial air transportation

activities and unscheduled commercial air

transportation activities as stated in Articles

4 and 5 may be carried out by a foreign legal

entity or a foreign citizen.

CHAPTER III

REQUIREMENTS

Article 7

(1) Foreign scheduled non-commercial and

commercial air transportation activities

using foreign civilian aircraft must

first obtain a flight clearance.

(2) Flight clearance as stated in Section (1)

consists of the following:

a. Diplomatic clearance from the

Ministry of Foreign Affairs;

b. Security clearance from the

Indonesian National Army HQ; and

c. Flight approval from the Ministry of

Transportation.

Article 8

Foreign unscheduled non-commercial and

commercial air transportation activity using

foreign civilian aircraft must obtain a flight

approval from the Minister after Diplomatic

Clearance and Security Clearance.

Article 9

Foreign unscheduled non-commercial and

commercial air transportation activity using

foreign civilian aircraft must fulfill the

following requirements:

a. Fulfilling the technical provisions and

operations of aircraft within the

National Territory of Republic of

Indoensia;

b. Flight Captain must have proper license;

b. Air Carrier’s responsibilities to the

third party must be insured;

d. Time slot availability at the airport;

e. Fulfilling the technical aspects for

flight safety and security; and

f. Recommendations from relevant

institutions for humanitarian aid and the

medics for medical air evacuation.

CHAPTER IV

PROCEDURE

Article 10

Flight approval for Foreign unscheduled non-

commercial or commercial air activities using

foreign civilian aircrafts must be proposed

by:

a. Foreign legal entity representative in

Indonesia who will be conducting the

flight;

b. Agent appointed by a foreign citizen /

legal entity who will be conducting the

flight;

c. Diplomatic representative from the

country where the legal entity or

aircraft is registered.

Article 11

The request as stated in Article 10 shall be

proposed to the Director General by attaching

the following documents:

a. Photocopy of Air Operating Certificate

(AOC) or Operating Certificate (OC) from

the foreign company;

b. Photocopy of Certificate of Registration

(C of R) from the foreign aircraft;

c. Photocopy of Certificate of Airworthiness

(C of A) from the foreign aircraft;

d. Photocopy of foreign Pilot’s License; and

e. Photocopy of carrier’s responsibility

insurance coverage to a third party

f. Flight plan request reference containing

identity of aircraft, schedule, name and

identity of the flight crew;

g. Passengers or Cargo List for transport;

h. Charter contract for charter flights;

i. Recommendations on flight time slot from

the authorized work unit according to the

provisions of law;

j. Recommendations on the technical aspects

of flight safety and security from the

authorized work unit, if necessary; and

k. Recommendations from the relevant

institutions for humanitarian aid and the

medics for medical evacuation.

Article 12

(1) Request for flight approval must be

submitted at the latest of 3 (three) work

days before the flight to the Director

General.

(2) Approval or rejection of request for

flight approval is given by the Director

General at the latest of 1 (one) day

before the flight after all requirements

have been duly and properly received.

Article 13

(1) The Agent appointed by foreign citizens /

legal entities as stated in Article 10

item b must be registered at the

Directorate General of Air

Transportation.

(2) Further provisions regarding the

registration of fliht approval agent as

stated in Section (1) shall be regulated

under the Director General’s Regulations.

Article 14

(1) Flight approval number issued by the

Ministry of Transportation shall be used

as flight clearance for foreign

unscheduled commercial and non-commercial

air transportation using foreign civil

aircraft.

(2) Flight clearance form as stated in

Section (1) is specified in Appendix 1

and serves as an inseparable part of this

Minister Regulation.

CHAPTER V

EXECUTION

Article 15

(1) Foreign unscheduled commercial and non-

commercial air transportation using

foreign civilian aircraft can only land

or take off at an international airport.

(2) Unscheduled commercial and non-commercial

air transportation activities as stated

in Section (1) only serves air

transportation from airports outside the

National Territory of Republic of

Indonesia to an international airport

within the National Territory of Republic

of Indonesia and vice versa.

Article 16

The provisions of Article 15 shall not apply

to the following events:

a. Technical landing;

b. VVIP flight;

c. Humanitarian aid flight;

f. Medical evacuation; and

e. Strategic national interests under

special permit from the Minister.

Article 17

(1) If the technical landing as stated in

Article 16 item a is conducted for

refueling, the aircraft must land at an

international airport.

(2) If the technical landing as stated in

Article 16 item a is carried out due to

aircraft malfunction, the aircraft may

land at a non-international airport.

Article 18

(1) Special permit from the Minister as

stated in Article 16 item e is granted

after a request is submitted by the head

of Ministry / relevant institutions to

the Minister for reasons of strategic

national interests.

(2) Format of request for permit and grant of

special permit from the Minister as

stated in Section (1) can be found in

Appendix 2 and serves as an integral part

of this Minister Regulation.

Article 19

(1) Foreign commercial and non-coommercial

air transportation activity using foreign

civilian aircraft by a foreign legal

entity may only unload passengers into

the Indonesian territory and load

passengers from in-bound flights (in-

bound traffic).

(2) Unscheduled foreign commercial and non-

commercial air transportation activities

using foreign civilian aircrafts carried

out by a foreign legal entity may only

unload cargo into the territory of

Republic of Indonesia (in-bound traffic)

CHAPTER VI

APPLICANT’S OBLIGATIONS

Article 20

Flight approval applicants must:

a. deliver reports on unscheduled foreign

commercial and non-commercial air

transportation activities;

b. make payments for airport services; and

c. fulfill the provisions of law on

aviation.

CHAPTER VII

PENALTY

Article 21

(1) Foreign citizens or legal entities

conducting foreign unscheduled commercial

and non-commercial air transportation

activities using foreign civilian

aircrafts which violate the provisions

stated in Articles 15 and 19 shall be

banned for the next flight approval.

(2) Flight Clearance Agent who violates the

provisions as regulated in Articles 15

and 19 shall be given first warning,

second warning and third warning for

every respective violation and shall be

banned from obtaining flight approval.

CHAPTER VIII

SUPERVISION

Article 22

The Airport Authority Office, Airport

Management Unit and Airport Business Unit must

supervise the flight approvals as follows:

a. Foreign legal entities operating as

airliner must fulfill the technical and

operational provisions of aircrafts

within the Territory of Republic of

Indonesia;

b. Transportation of passengers or cargo by

foreign legal entities operating as

airliner who carries out foreign

unscheduled commercial and non-commercial

air transportation activities;

c. Data match between the passengers’ list

on the pre-manifest with the actual

passengers boarding the aircraft; and

d. Match between cargo plan data which will

be embarking on the pre-manifest with the

actual cargo boarded to the aircraft.

Article 23

(1) The Airport Authority, Airport Management

Unit and Airport Business Entity must

report foreign unscheduled commercial and

non-commercial air transportation

activities which do not fulfill the

provisions stated in Article 19.

(2) The Airport Authority, Airport Management

Unit and Airport Business Entity may

cease operations of any aircraft without

flight approval.

CHAPTER IX

TRANSITIONAL PROVISIONS

Article 24

When this Regulation becomes effective, the

flight approval applicant for foreign

unscheduled commercial and non-commercial air

transportation activities using foreign

civilian aircrafts may still conduct its air

transportation activities under the previous

permit at the latest of 6 (six) months since

this Regulation becomes effective.

CHAPTER X

CLOSURE

Article 25

This Minister Regulation shall become

effective on its date of promulgation.

For the purpose of its publications, this

Minister Regulation shall be included to the

State Gazette of Republic of Indonesia.

Stipulated in Jakarta

On 1 April 2015

MINISTER OF

TRANSPORTATION OF

REPUBLIC OF INDONESIA

Signed

IGNASIUS JONAN

Promulgated in Jakarta

On 2 April 2015

MINISTER OF LAW AND HUMAN RIGHTS AFFAIRS

OF REPUBLIC OF INDONESIA

Signed

YASONNA H. LAOLY

STATE GAZETTE OF REPUBLIC OF INDONESIA NUMBER 496/2015

This copy is identical with the original document

HEAD OF LEGAL AFFAIRS AND KSLN BUREAU

SRI LESTARI RAHAYU

Level 1 Superintendent (IV/b)

NIP. 19620620 198903 2 001

APPENDIX I OF THE MINISTER OF

TRANSPORTATION REGULATION

NUMBER: PM 66/2015

DATE: 1 APRIL 2015

A. FORMAT OF SPECIAL PERMIT REQUEST

Number:

Appendix:

Subject: Request for Special

permit

Jakarta, March 2015

To:

MINISTER OF TRANSPORTATION

In

JAKARTA

1. By taking into account the Minister of Transportation’s

Regulation Number PM … Year … regarding Foreign

Unscheduled Commercial and Non-Commercial Air

Transportation Activities Using Foreign Civilian Aircraft

to and from the National Territory of Republic of

Indonesia, we hereby request a special permission to

conduct Foreign Unscheduled Commercial and Non-Commercial

Air Transportation Activities* Using Foreign Civilian

Aircraft to and from the National Territory of Republic of

Indonesia by taking off and landing at the following

Airport / Route ……………… for strategic national interests of

……………. (mention the reason for such necessity)

2. As such, we are hereby willing to fulfill all technical

requirements and procedures as well as obligations under

the applicable provisions of law when approved.

……….., ………………..

Applicant

(…………………..)

Cc.:

Director general of Air Transportation

Information:

* eliminate the incorrect statement

B. FORMAT OF SPECIAL PERMIT

Number:

Appendix:

Subject: Request for Special

permit

Jakarta, March 2015

To:

President Director of

In

JAKARTA

1. In response to your letter Number ………. Dated ……….

Regarding the aforementioned subject, we hereby inform you

that based on the Minister of Transportation’s Regulation

Number PM … Year … regarding Foreign Unscheduled

Commercial and Non-Commercial Air Transportation

Activities Using Foreign Civilian Aircraft to and from the

National Territory of Republic of Indonesia, PT……….. ‘s

request to take off and land at the following Airport /

Route ……………… for strategic national interests of ……………. is

viable for consideration.

2. The activities must fulfill the technical requirements and

procedures as well as obligations under the applicable

provisions of law when approved.

MINISTER OF

TRANSPORTATION OF

REPUBLIC OF INDONESIA

IGNASIUS JONAN

Cc:

Director General of Air Transportation

MINISTER OF

TRANSPORTATION OF

REPUBLIC OF INDONESIA

signed

IGNASIUS JONAN

This copy is identical with the original document

HEAD OF LEGAL AFFAIRS AND KSLN BUREAU

SRI LESTARI RAHAYU

Level 1 Superintendent (IV/b)

NIP. 19620620 198903 2 001