You are on page 1of 90

Undang-Undang No.

23 Tahun 2007

LAW OF THE REPUBLIC OF INDONESIA NUMBER 23 YEAR 2007

ON

RAILWAYS

WITH THE BLESSING OF THE ALMIGHTY GOD

PRESIDENT OF THE REPUBLIC OF INDONESIA

Considering : a. that transportation has role important in supporting economic


growth, regional development and uniting the regions in the
Unitary State of the Republic of Indonesia in order to materialize
archipelagic concept, strengthen the national resilience to achieve
the national objectives based on Pancasila and 1945 Constitution
of the Unitary State of the Republic of Indonesia;

b. that railway as one of transportation modes in the national


transportation system that has mass transportation
characteristics and unique advantages, cannot be separated
from other transportation modes, therefore it is necessary to
develop its potentials and to enhance its role in connecting the
regions both nationally and internationally, to support,
encourage, and mobilize the national development to enhance
the people's welfare; c. that the Law Number 13 Year
1992 on Railway does no longer fit as legal foundation for
development and operation of railway, development of people's
life, development of era, science and technology therefore it
needs to be amended:

c. that based on the considerations in letters a, b, and c, it is


necessary to enact Law on Railway;

In view of : Article 5 paragraph (1) and Article 20 paragraph (1) of the 1945
Constitution of the Unitary State of the Republic of Indonesia;

With the Joint Approval of

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Undang-Undang No.23 Tahun 2007

THE HOUSE OF REPRESENTATIVES OF

THE REPUBLIC OF INDONESIA

and

THE PRESIDENT OF REPUBLIC OF INDONESIA

HEREBY DECIDED:

To enact : LAW ON RAILWAY.

CHAPTER I

GENERAL PROVISIONS Article 1

In this Law :

1. Railway refers to an integrated system consisting of train facilities, infrastructures,


human resources, norms, criteria, requirements and procedures, for operation of train
transportation;

2. Train refers to facilities of train with kinetic energy, either automatically or connected to other
train facilities, to move or being moving on rails associated with train trips;

3. Railway infrastructures refer to railway lines and train stations, including train
operational facilities, so that tram facilities can be operated;

4. Railway lines refer to spaces comprising benefit spaces for railway lines, spaces
belonging to railway lines, and control room for railway lines including upper and lower
parts allocated for train traffic,

5. Railway line network refers to all railway lines connected one to another which connect
various locations hence constituting one system,

6. Special railway lines refer to the railway lines especially used by a certain legal entity
to support its main activities;

7. Rails refer to an integrated construction made from steel, concrete or other constructions
located on the surface, below and above the ground or suspended, complete with the
accessories thereof directing the movement of trains;

8. Train operational facilities refer to all facilities required to operate trains;

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Undang-Undang No.23 Tahun 2007

9. Train facilities refer to any vehicle which can move on rails;

10. Legal entity refers to State-owned Enterprise, Regional Government-owned Enterprises


and/or Indonesian legal entity specially established for that purpose;

11. Train supporting facilities refer to all stuffs supporting the operation of train transportation which can
provide facilities and comfort to users of train services;

12. Service users refer to any individual and/or legal entity using train transportation services
either for the transport of people or goods;

13. Train traffic refers to the movement of train facilities on rails;

14. Train transportation refers to any transfer of people and/or goods from a location to another
location using train;

15. Train crew refers to those assigned on a train by transporter during the train trip,

16. Operator refers to the Government, regional government, and/or legal entity operating the
railway infrastructures;

17. Transporter refers to legal entity managing general train facilities;

18. Central Government hereinafter referred to as the Government refers to President of


Republic of Indonesia holding the state administration power of the Republic of Indonesia
as referred to in the 1945 Constitution;

19. Regional government refers to Governor, Regent, or Mayor, and regional apparatus as element
of the regional government,

20. Minister refers to the Minister in charge of managing the Railway sector

CHAPTER II

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Undang-Undang No.23 Tahun 2007

PRINCIPLES AND OBJECTIVES

Article 2

Railway as an integral part of the national transportation system is managed on the basis of:

a. benefit principle;

b. justice principle;

c. balance principle;

d. public interest principle;

e. integrity principle;

f. independence principle;

g. transparency principle;

h. accountability principle; and

i. sustainability principle.

Article 3

Railway is managed aimed at smoothing the transfer of people and/or goods en mass
safely, securely, comfortably, fast, accurately, orderly, efficient, and supporting equitable
distribution, growth, stability, booster and motor of national development.

CHAPTER III

RAILWAY ARRANGEMENT

Article 4

(1) Railway consists of:

a. general railway; and

b. special railway.

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Undang-Undang No.23 Tahun 2007

(2) General railway as referred to in paragraph (1) letter a comprises:

a. inter city railway, and

b. city railway.

(3) Special railway as referred to in paragraph (1) letter b to support main activities of
certain legal entity.

Article 5

(1) For the purpose of arrangement, general railway as referred to in Article 4 paragraph (1)
letter a is grouped into:

a. National railway;

b. provincial railway; and

c. regent/city railway.

(2) General railway arrangement as referred to in paragraph (1) must be mutually integrated
one to another, and integrated with other transportation modes in order to achieve the
railway objectives as referred to in Article 3.

(3) In order to materialize the railway arrangement as referred to in paragraph (2) railway
master plan shall be stipulated.

(4) Railway master plan as referred to in paragraph (3) consists of:

a. national railway master plan;

b. provincial railway master plan; and

c. regent/city railway master plan.

Article 6

(1) National railway master plan as referred to in Article 5 paragraph (4) letter a, shall be
drafted by taking into account the national spatial planning and general plan of other
transportation mode network.

(2) National railway master plan as referred to in paragraph (1) shall be drafted by taking into
account the needs of transportation at national level.

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Undang-Undang No.23 Tahun 2007

(3) National railway master plan as referred to in paragraph (1) shall contain at least

a. direction and policies of the role of railway at national scale in the entire
transportation modes;

b. estimated movement of people and/or goods according to origin and


destination of trip at national scale,

c. planned needs of national railway lines,

d. planned locations and needs of stations,

e. planned needs of national train operational facilities;

f. planned needs of facilities; and

g. planned needs of human resources.

Article 7

(1) Provincial railway master plan as referred to in Article 5 paragraph (4) letter b shall be
drafted by taking into account the needs of transportation, space of activities, and
transportation nodes at provincial level.

(2) Provincial railway master plan as referred to in paragraph (1) shall take into account:

a. national spatial planning;

b. national railway master plan; and

c. provincial spatial planning.

(3) Provincial railway master plan as referred to in paragraph (2) shall contain:

a. estimated transfer of people and/or goods according to origin and destination


trip at provincial level;

b. direction and policies of role of railway at provincial level in the entire


transportation modes;

c. planned location and needs of nodes at provincial level; and

d. planned needs of provincial railway infrastructures.

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Undang-Undang No.23 Tahun 2007

Article 8

(1) Regent/city railway master plan as referred to in Article 5 paragraph (4) letter c shall be
drafted by taking into account the needs of transportation, space of activities, and
transportation nodes at regent/city level

(2) Regent/city railway master plan as referred to in paragraph (1) shall take into account:

a. national spatial planning,

b. national railway master plan,

c. provincial spatial planning;

d. provincial railway master plan, and

e. regent/city spatial planning.

(3) Regent/city railway master plan as referred to in paragraph (2) shall contain:

a. estimated transfer of people and/or goods according to origin and destination of trip at
regent/city level;

b. direction and policies of role of railway at regent/city level in the entire


transportation modes;

c. planned location and needs of nodes at regent/city level; and

d. planned needs of regent/city railway infrastructures.

Article 9

Railway master plan as referred to in Article 5 paragraph (4) shall be stipulated by:

a. Government for national railway master plan;

b. Provincial Government for provincial railway master plan;

c. Regent/City Government for regent/city railway master plan.

Article 10

Further provisions concerning preparation and approval of railway master plan shall be
governed in Government regulation.

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Undang-Undang No.23 Tahun 2007

CHAPTER IV

DEVELOPMENT

Article 11

(1) Railway is controlled by the State.

(2) Control right as referred to in paragraph (1) shall authorize the Government to
develop railway.

(3) Development of railway as referred to in paragraph (2) comprises,

a. regulation,

b. control; and

c. supervision.

Article 12

(1) Development carried out by the Government comprises:

a. Determining targets and directions of railway system development policies, both


nationally and locally, the network of which goes across one province;

b. determining nationally applicable requirements, norms, guidelines, standards,


criteria and procedures railway operation;

c. pursuing materialization of national railway system development;

d. determining competency of Official serving a function in railway sector, giving


directions, guidance, training, and technical supports to the regional government
and community; and

e. supervising implementation of norms, requirements, guidelines, standards, criteria


and procedures carried out by regional government and community and
supervision of materialization of national railway system development.

(2) Development carried out by the Provincial Government comprises:'

a. determining targets and directions of railway system development policies at the


provincia and regent / city level the network of which across the regent / city area;

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Undang-Undang No.23 Tahun 2007

b. giving directions, guidance, training and technical supports to the regency/city,


users and providers of service; and

c. supervising railway at the provincial level.

(3) Development carried out by the Regent/City Government comprises:

a. determining targets and directions of railway system development policies at the


regent/city level the network of which is in the regent/city region;

b. giving directions, guidance, training and technical supports to the users and
providers of service; and

c. supervising railway at the regent/city level.

(4) Further provisions concerning development of railway as referred to in paragraphs (1), (2),
and (3) shall be governed in the Government Regulation.

CHAPTER V

OPERATION

Article 13

(1) General railway operation as referred to in Article 4 paragraph (1) letter a may
comprise:

a. operation of infrastructures;

b. operation of facilities; or

c. operation of infrastructures and facilities.

(2) Operation of special railway as referred to in Article 4 paragraph (1) letter


b shall comprise operation of infrastructures and facilities.

Article 14

(1) General railway infrastructures operation as referred to in Article 13


paragraph (1) letter a comprises the following activities:

a. procurement of infrastructures;

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Undang-Undang No.23 Tahun 2007

b. operation of infrastructures;

c. maintenance of infrastructures; and

d. management of infrastructures.

(2) Operation of infrastructures as referred to in paragraph (1) can be earned out by the
Government, regional government or legal entity severally or through cooperation.

Article 15

(1) Procurement of railway infrastructures as referred to in Article 14 paragraph


(1) letter a, shall meet:

a. provision on railway master plan,

b. technical requirements for infrastructures stipulated by the Government.

(2) Further provisions concerning procedures for procurement of railway infrastructures


as referred to in paragraph (1) shall be governed in Government Regulation

Article 16

Operation of general railway infrastructures as referred to in Article 14 paragraph (1) letter b shall be
carried out after fulfilling the operation worthiness requirements stipulated by the Government.

Article 17

(1) Management of general railway infrastructures as referred to in Article 14 paragraph (1)


letter d not carried out by railway infrastructures legal entity shall be handled by the
Government or Provincial Government or Regent/City Government.

(2) Further provisions concerning management of general railway infrastructures as


referred to in paragraph (1) shall be governed in Government Regulation.

Article 18

(1) Maintenance of railway infrastructures as referred to in Article 14 paragraph (1) letter C must
fulfill the requirements of maintenance stipulated by the Government

(2) Maintenance as referred to in paragraph (2) must be carried out by manpower fulfilling
the requirements and qualification stipulated by the Government.

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Undang-Undang No.23 Tahun 2007

Article 19

Operation of general train facilities shall be earned out after fulfilling the operation
worthiness requirements stipulated by the Government.

Article 20

(1) Management of public train facilities shall be carried out by Train Facilities Legal Entity
referred to as the transporter.

(2) Public train facilities not managed by Train Facilities Legal Entity shall be managed by the
Government or Provincial Government or Regent/City Government.

(3) Further provisions concerning management of public train facilities as referred to in


paragraph (1) shall be governed in Government Regulation

Article 21

(1) To operate special railway as referred to in Article 4 paragraph (1) letter b, special
railway operator shall have:

a. procurement permit; and

b. operation permit.

(2) Permits as referred to in paragraph (1) shall be given by:

a. Government for the operation of special railway whose route network across a
provincial region;

b. Provincial Government for the operation of special railway whose route


network across a regent/city region in a province;

c. Regent/City Government for the operation of special railway whose route


network is in a regency/city.

(3) In addition to fulfilling the obligations as referred to in paragraph (1), operation of


special railway shall meet the technical requirements of special railway stipulated by
the Government.

(4) Further provisions concerning permits as referred to in paragraphs^ 1) and (2) and
technical requirements as referred to in paragraph (3) shall be governed in
Government Regulation.

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Undang-Undang No.23 Tahun 2007

CHAPTER VI

RAILWAY INFRASTRUCTURES

Part One

General

Article 22

(1) Railway infrastructures comprise:

a. railway lines;

b. train stations, and

c. train operational facilities.

(2) Railway lines as referred to in paragraph (1) letter a, are provided for train traffic.

(3) Train stations as referred to in paragraph (1) letter b, are the locations on which trains
depart or stop to serve passengers who get in and off and/or to load/unload goods
and/or for tram operational purposes

(4) Train operational facilities as referred to in paragraph (1) letter c constitute equipment for
train trip operation.

Part Two

Railway Lines

Article 23

Railway lines as referred to in Article 22 paragraph (1) letter a comprise:

a. benefit space for railway lines ;

b. space belonging to railway lines; and

c. control room for railway lines.

Article 24

(1) Benefit space for railway lines as referred to in Article 23 letter a comprises rails and

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Undang-Undang No.23 Tahun 2007

plots of land on the left and right of rails with space on the left, right, above and
below used for the construction of rails and placement of train operational facilities
and other supporting building.

(2) Rails as referred to in paragraph (1) can be located :

a. on the ground surface;

b. below the ground surface; and

c. above the ground surface.

Article 25

(1) Ground located in the benefit space for railway lines as referred to in Article 24
paragraph (1) shall receive the status of right upon land in accordance with the law
and regulation. .

(2) Benefit space for railway lines shall be provided for tram operation, and constitutes an
area closed to public.

Article 26

(1) Boundaries of benefit space for railway lines for rails on the ground surface as
referred to in Article 24 paragraph (2) letter a shall be measured from the outermost
side of rails and plot of land on its left and right sides used for the construction of rails
including plot of land for placement of train operational facilities and other supporting
buildings.

(2) Boundaries of benefit space for railway lines for rails on the ground surface entering
tunnel shall be measured from the outermost side of tunnel construction.

(3) Boundaries of benefit space for railway lines for rails on the ground surface located on
the bridge shall be measured from the outermost side of the bridge construction.

Article 27

Boundaries of benefit space for railway lines for rails below the ground surface as referred to in
Article 24 paragraph (2) letter shall be measured from the outermost side of the rails building
construction below the ground surface including train operational facilities.

Article 28

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Undang-Undang No.23 Tahun 2007

Boundaries of benefit space for railway lines for rails above ground surface as referred to in
Article 24 paragraph (2) letter c shall be measured from outermost side of the rails
construction and/or outermost side used for train operational facilities. .

Article 29

(1) Space belonging to railway lines as referred to in Article 23 letter b consists of benefit
space for railway lines and plot of land or other plot on the left and right sides used for
security of rails construction.

(2) Ground located in the space belonging to railway lines as referred to in paragraph (1) shall
receive the status of right upon land in accordance with the law and regulation.

(3) As long as not endangering rails construction, train operational facilities or water
channels or other supporting buildings, in the space belonging to railway lines outside the
benefit space for railway lines can be used for other purposes with the permit from routes
owner.

(4) Further provisions concerning permit as referred to in paragraph (3) shall be governed in
Government Regulation

Article 30

(1) Boundaries of space belonging to railway lines for rails located on the ground surface
as referred to in Article 24 paragraph (2) letter a shall be measured from outermost
boundary of the left and right sides of benefit space for railway lines.

(2) Boundaries of space belonging to railway lines for rails located below ground surface
as referred to in Article 24 paragraph (2) letter b shall be measured from outermost
boundary of the left and right sides and lower and above parts of benefit space for
railway lines.

(3) Boundaries of space belonging to railway lines for rails located above ground surface
as referred to in Article 24 paragraph (2) letter c shall be measured from outermost
boundary of the left and right sides of benefit space for railway lines.

(4) Further provisions concerning boundaries of space belonging to lines shall be


governed in Government Regulation.

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Undang-Undang No.23 Tahun 2007

Article 31

(1) Control room for railway lines as referred to in Article 23 letter c consists of space
belonging to railway lines and plot of land or other plot on the left and right sides for
security of and smooth tram operation.

(2) Ground in the control room for railway lines can be used for activities other than
those as referred to in paragraph (1) provided not endangering train operation.

Article 32

(1) Boundaries of control room for railway lines for rails located on the ground surface as
referred to in Article 24 paragraph (2) letter a shall be measured from the outermost
boundary of the left and right sides of area belonging to the rails.

(2) Further provisions concerning boundaries of control room of lines shall be governed
in Government Regulation.

Article 33

(1) Owner of railway infrastructures shall place boundary signs in the benefit area of
railway lines.

(2) Further provisions concerning boundary signs or poles as referred to in paragraph (1)
shall be governed in Government Regulation.

Article 34

No person shall be allowed to construct any building, build walls, fence, embankment and
other constructions, to plant trees and place goods in the railway lines which may either
disturb visibility or endanger the safety of train trip.

Article 35

No person shall be allowed to commit any act which can, either directly or indirectly, any
displacement of land in the railway lines hence disturbing or endangering train trip.

Article 36

(1) For the purpose of operation and maintenance, general railway lines are grouped into
several classes.

(2) Class grouping of general railway lines as referred to in paragraph (1) shall be based on:

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Undang-Undang No.23 Tahun 2007

a. maximum allowable speed;

b. maximum allowable axle load; and

c. train traffic frequency.

(3) Further provisions concerning classes of railway lines as referred to in paragraph


(2) shall be governed in Government Regulation.

Article 37

(1) General railway lines belonging to Government, regional government and legal entity can
be mutually connected, overlapping or separated.

(2) Railway lines as referred to in paragraph (1) operated by other party shall obtain
permit from routes owner

(3) Several transporters may be served in a general railway line.

(4) Further provisions as referred to in paragraphs (1), (2), and (3) shall be governed
in Government Regulation

Article 38

(1) General railway lines as referred to in Article 37 are integrated into a network of
railway lines.

(2) Network of railway lines as referred to in paragraph (1) consists of:

a. national railway lines network stipulated in the national railway master plan;

b. provincial railway lines network stipulated in the provincial railway master plan;
and

c. regent/city railway lines network stipulated in regent/city railway master plan.

(3) Further provisions concerning railway lines network shall be governed in Government
Regulation.

Article 39

(1) Special railway lines whose network passes more than one province shall be
stipulated by the Government.

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Undang-Undang No.23 Tahun 2007

(2) Special railway lines whose network passes more than 1 (one) regent/city in the
province stipulated by the Provincial Government.

(3) Special railway lines whose network is in the regent/city shall be stipulated by the
Regent/City Government.

(4) Special railway lines can be connected to general network of railway lines.

(5) Further provisions concerning connection as referred to in paragraph (4) shall be


governed in Government Regulation.

Part Three

Train Stations

Article 40

(1) Train stations for passengers to get in or off as referred to in Article 22 paragraph (3)
shall be provided at least with the facilities for:

a. safety;

b security;

c comfort;

d. passengers to get in and off, and

e. people with disability.

(2) Train stations for unloading and loading of goods as referred to in Article 22
paragraph (3) shall be provided at least with the facilities for:

a. safely;

b. security; and

c. loading and unloading of goods.

(3) Train stations for the train operation as referred to in Article 22 paragraph (3) must
be equipped with safety and support facilities for train operation.

(4) Further provisions concerning facilities for train stations shall be governed in
Government Regulation.

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Undang-Undang No.23 Tahun 2007

Article 41

(1) As long as not disturbing the function of train stations as referred to in Article 22
paragraph (3), the train stations may have business activities supporting the train
transportation.

(2) Further provisions concerning supporting business activities shall be governed in


Government Regulation.

Article 42

(1) For operational purposes, train stations are grouped into several classes.

(2) Class grouping of train stations as referred to in paragraph (1) shall be based on:

a. available facilities;

b. train traffic frequency;

c. number of passengers and/or goods served.

(3) Further provisions concerning classes of train stations as referred to in paragraph


(2) shall be governed in Government Regulation.

Article 43

(1) Station service tariff may be imposed for any use of service facilities in the stations.

(2) Services in the stations as referred to in paragraph (1) may comprise

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Undang-Undang No.23 Tahun 2007

a. waiting room for passengers;

b. loading and unloading of goods and warehousing;

c. vehicle parking

d. storage of goods (locker).

(3) Further provisions concerning tariff of station service and services in the stations as
referred to in paragraphs (1) and (2) shall be governed in Government Regulation.

Part Four

Train Operational Facilities

Article 44

Train operational facilities as referred to in Article 22 paragraph (1) letter c comprise:

a. signaling equipment,

b. telecommunication equipment;

c. electricity installation.

Article 45

(1) Signaling equipment as referred to in Article 44 letter a serves as:

a. guide;

b. controller.

(2) Signaling equipment as referred to in paragraph (1) consists of:

a. signals, namely tools / devices used for giving instructions for regulation pf
train trips with display and / or color;

b. signs, i.e. gestures functioning or giving warning or guide to the officials


controlling movement of train facilities,

c. markings, functioning of indicating certain condition of a location.

(3) Signaling equipment as referred to in paragraph (!) letter b function to control signal
equipment.

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Undang-Undang No.23 Tahun 2007

Article 46

Telecommunication equipment as referred to in Article 44 letter b serves to submit


information and/or communication for train operation.

Article 47

Telecommunication frequency for train operation as referred to in Article 46 shall be used in


accordance with provisions set forth in law and regulation in the telecommunication sector.

Article 48

(1) Electricity installation as referred to in Article 44 letter c consists of:

a. power supply;

b. transmission equipment.

(2) Electricity installation as referred to in paragraph (1) shall be used for:

a. driving electricity-powered train; and/or

b. functioning electricity signaling equipment,

c. functioning telecommunication equipment.

d. Functioning other supporting facilities.

(3) Use of electricity installation as referred to in paragraph (2) must meet the
provisions set forth in electricity law and regulation.

Part Five

Procurement of Land for Development of Railway Infrastructures

Article 49

(1) Procurement of land for development of general railway infrastructures shall be


carried out based on railway master plan.

(2) Development of railway infrastructures as referred to in paragraph (1) shall be


socialized to the community, particularly whose land is required for development
of railway infrastructures;
Undang-Undang No.23 Tahun 2007

(3) Holder of right upon land, or user of land belonging to the state, or community with
traditional law, whose land is required for development of railway infrastructures,
shall be entitled to receive compensation,

(4) Granting of compensation for the procurement of land as referred to in paragraphs (1)
and (3) shall be carried out based on agreement in accordance with the land law and
regulation.

Article 50

(1) If no agreement is reached and location of development cannot be removed, the right
upon land shall be revoked in accordance with the land law and regulation.

(2) Construction of railway infrastructures can be started on the plot of land for which
compensation has been given or upon which the right has been revoked.

Article 51

To guarantee legal certainty, land that has been controlled by the Government in order to
develop railway infrastructures shall be registered to issue the right upon land certificate in
accordance with the provisions set forth in the land law and regulation.

Part Six

Worthiness of Railway Infrastructures


Article52

(1) Railway infrastructures as referred to in Article 22 that have been operated shall meet the
applicable worthiness requirements for each type of railway infrastructure.

(2) Further provisions concerning worthiness requirements shall be governed in


Government Regulation.

Article 53

(1) Inspection and test shall be carried out for every railway infrastructure.

(2) Inspection of infrastructures as referred to in paragraph (1) shall be earned out by


legal entity operating the infrastructures.

(3) Test of infrastructures as referred to in paragraph (1) shall be earned out by the
Government
Undang-Undang No.23 Tahun 2007

Article 54

(1) Test of railway infrastructures as referred to in Article 53 consists of.

a. first test,

b. periodical test.

(2) First test as referred to in paragraph (1) letter a, shall be provided for new railway
infrastructures and/or railway infrastructures that have experienced changes in
technical specification.

(3) First test as referred to in paragraph (1) letter a, shall be carried out for

a. design of infrastructures;

b. function of infrastructures.

(4) Periodical test as referred to in paragraph (1) letter b, shall be carried out for the
railway infrastructures that have been operated.

(5) Periodical test as referred to in paragraph (4) shall be carried out by the
Government and can be transferred to the legal entity or institution that has been
accredited by the Government.

(6) Periodical test as referred to in paragraph (3) shall be carried out to the function of
infrastructures.

(7) Railway infrastructure declared to have passed the first test and periodical test
shall receive a certificate by the Government.

(8) First test certificate as referred to in paragraph (1) takes effect forever unless it
experiences changes in technical specification.

(9) Further provisions concerning time, requirements and first test procedure,
periodical test and granting of certificate shall be governed in Government
Regulation

Article 55

(1) Test of railway infrastructures as referred to in Article 53 shall be carried out by a


tester that has qualification of certain expertise and receives certificate from the
Undang-Undang No.23 Tahun 2007

Minister in charge of railway.

(2) Further provisions concerning qualification of expertise as referred to in paragraph


(1) shall be governed in Government Regulation.

Article 56

(1) Tester of railway infrastructures as referred to in Article 55 paragraph (1) in testing


the railway infrastructures which do not meet the procedure test and use of test
equipment shall be liable to an administrative sanction.

(2) Further provisions concerning administrative sanction shall be governed in


Government Regulation.

Article 57

(1) Operation of train infrastructures shall be carried out by workers who have met the
qualification of expertise proven with certificate of competency in operating train
infrastructures given by the Government.

(2) Certificate of competency in operating train infrastructures as referred to in paragraph


(1) shall be given after completing education and/or training.

(3) Education and/or training as referred to in paragraph (2) can be transferred to the legal
entity or other institution appointed by the Government.

(4) Further provisions concerning requirements of expertise and procedure of obtaining


qualification as referred to in paragraph (1) shall be governed in Government
Regulation.

Article 58

No person shall be allowed to commit any act causing damage and/or not functioning of
railway infrastructures.

Article 59

(1) Non one shall be allowed;

a To be in the benefit space for railway lines,

b. To drag, mobilize, remove goods on or cross railway lines;


Undang-Undang No.23 Tahun 2007

c. To use railway lines for other interests, in addition to for train


transportation,

d. To be outside the location provided for transportation of passengers and/or


goods;

e. To disturb public order and/or service

(2) Infrastructures legal entity shall place prohibition marks in the locations as referred to in
paragraph (1) clearly and completely.

(3) Prohibitions as referred to in paragraph (1) shall not apply to official carrying out tasks
in the railway sector provided with letter of assignment from the corresponding legal entity.

Part Seven

Maintenance of Infrastructures

Article 60

(1) Owner of railway infrastructures shall maintain railway infrastructures so that they
are operable.

(2) Maintenance of railway infrastructures as referred to in paragraph (1) must meet


the maintenance requirements stipulated by the Government.

(3) Maintenance as referred to in paragraph (2) must be carried out by workers who
meet the requirements and qualification stipulated by the Government..

(4) Further provisions concerning maintenance shall be governed in Government


Regulation.
Undang-Undang No.23 Tahun 2007

CHAPTER VII

CROSSING AND/OR OVERLAP OF

RAILWAY LINES WITH OTHER BUILDINGS

Part One

Crossing and/or Overlap

Article 61

(1) Crossing between railway lines and roads called crossing shall be build with the
principle on not in the same section.

(2) Exception-to the principle as referred to in paragraph (1) is possible by taking


into account the safe and smooth conditions, of train trips and road traffic and
technology

(3) Further provisions concerning crossing and exception as referred to in paragraphs (1)
and (2) shall be governed in Government Regulation.

Article 62

(1) Construction of roads, special railway lines, tunnels, water channels and/or other
infrastructures causing or requiring connection, crossing and/or overlap of railway
lines, shall be carried out by the method which does not endanger the safety of train
trips.

(2) Construction, operation, and maintenance of crossing shall be under the responsibility
of the builder of crossing.

(3) Further provisions concerning construction as referred to in paragraph (1) shall be


governed in Government Regulation.

Article 63

(1) For the safety of train trip and user of roads, crossing in the same section without
permit and without responsible body must be closed.
Undang-Undang No.23 Tahun 2007

(2) Closing of crossing as referred to in paragraph (1) shall be carried out by Owner
and/or Regional Government.

(3) Further provisions concerning closing of crossing as referred to in paragraph (2) shall
be governed in Government Regulation.

Part Two

Construction of Crossing and Overlap

Article 64

(1) Construction of roads, special railway lines, tunnels, water channels and/or other
infrastructures, causing or requiring connection, crossing or overlap with' railway lines
can be carried out after obtaining the permit.

(2) Permit of crossing or overlap as referred to in paragraph (1) shall be used for public
interests such as roads, telecommunication cable, electricity lines, water channels by
prioritizing the safety of tram trips.

(3) Further provisions concerning stipulation, requirements and procedure of permits as


referred to in paragraphs (1) and (2) shall be governed in Government Regulation

Article 65

Legal entity or government institution constructing crossing and/or overlap shall be


responsible for 1he construction, maintenance and operation of crossing and/or contact.

CHAPTER VIII

TRAIN FACILITIES

Part One

Technical Requirements and Operation Worthiness

Train Facilities

Article 66

(1) Train facilities by type consist of:

a. locomotive;
Undang-Undang No.23 Tahun 2007

b. train;

c. car; and

d. facilities for special purposes.

(2) Each train facility as referred to in paragraph (1) operated on rails shall meet the
technical requirements and operation worthiness applicable for each type of train
facility,

(3) Further provisions concerning technical requirements and operation worthiness


shall be further governed with Government Regulation

Part Two

Inspection and Testing

Article 67

In order to meet the technical requirements and operation worthiness of tram facilities as
referred to in Article 66 paragraph (2), inspection and testing shall be carried out to any
train facility

Article 68

(1) Inspection of train facilities as referred to in Article 67 shall be carried out to any facility to
be operated.

(2) Inspection as referred to in paragraph (1) shall be carried out one by one for each train
facility and entirely in a set of train.

(3) Inspection as referred to in paragraph (2) shall be carried out by Transporter.

Article 69

(1) Test of train facilities as referred to in Article 67 consists of:

a. first test; and

b. periodical test.

(2) First test as referred to in paragraph (1) letter a shall be obligated for any new
train facility and/or any train facility the technical specification and/or form of which
has been modified.
Undang-Undang No.23 Tahun 2007

(3) Periodical test as referred to in paragraph (1) letter b shall be obligated for every
train facility that has been operated.

(4) First test and periodical test as referred to in paragraph (1) shall be carried out by
the Government.

Article 70

(1) First test as referred to in Article 69 paragraph (1) letter shall be earned out to:

a design of facilities; and

b. function of facilities

(2) Periodical test as referred to in Article 69 paragraph (I) letter b shall be earned out to
the function of facilities.

(3) Further provisions concerning time, requirements and first test procedure and
periodical test procedure as referred to in paragraph (1) shall be governed in
Government Regulation.

Article 71

(1) To any train facility that has been declared passing the first test and periodical test
shall be given certificate worthiness by the Government.

(2) First test certificate as referred to in paragraph (1) shall be valid forever unless any
change in technical specification and/or form is made.

(3) Further provisions concerning first test certificate and periodical test as referred to in
paragraph (2) shall be governed in Government Regulation

Article 72

Government may, in carrying out the test as referred to in Article 71 paragraph (2), transfer
it to a legal entity or institution appointed by the Government.

Article 73

(1) Test of train facilities as referred to in Article 69 shall be carried out by tester
meeting certain requirements and qualification and obtaining certificate from the
Undang-Undang No.23 Tahun 2007

Government.

(2) Certificate of competency in testing train facilities as referred to in paragraph (1)


shall be given after passing education and/or training.

(3) The education and/or training as referred to in paragraph (2) can be transferred to
the appointed legal entity or other institution.

(4) Further provisions concerning qualification of expertise and procedure of granting


of certificate as referred to in paragraph (1) shall be governed in Government
Regulation.

Article 74

(1) Tester of train facilities as referred to in Article 73 paragraph (1) in testing tram
facilities as referred to in Article 69 who does not meet the procedure of testing
and use of test equipment shall be liable to administrative sanction

(2) Further provisions concerning administrative sanction as referred to in paragraph


(1) shall be governed in Government Regulation.

Part Three

Maintenance of Facilities

Article 75

(1) Owner of tram facilities shall maintain the train facilities so they remain operable

(2) Maintenance of train facilities as referred to in paragraph (1) must meet the
maintenance requirements stipulated by the Government.

(3) Maintenance of facilities as referred to in paragraph (2) must be carried out by


workers meeting the requirements and qualification stipulated by the Government,

(4) Maintenance of facilities as referred to in paragraph (1) shall be earned out in the
State Railways Workshop and/or in the Depot.

(5) Further provisions concerning maintenance facilities shall be governed in


Government Regulation.

Part Four
Undang-Undang No.23 Tahun 2007

Crew of Train Facilities


Article 76

(1) Train shall be operated by crew meeting the requirements and qualification of
competency proven with certificate of competency given by the Government.

(2) Certificate of competency of crew of train facilities as referred to in paragraph (!)


shall be given after passing education and/or training.

(3) Education and/or training as referred to in paragraph (2) can be transferred to the legal
entity or other institution appointed.

(4) Further provisions concerning train crew and certificate as referred to in paragraph (1)
shall be governed in Government Regulation.

Article 77

For the safety of train trip, transporter shall comply with the provisions concerning work time
and rest time of train crew in accordance with the provisions of law and regulation

CHAPTER IX

DESIGN AND ENGINEERING

RAILWAY

Article 78

(I) Railway design and engineering shall be provided for railway development

(2) The railway design and engineering as referred to in paragraph (1) can be carried out by:

a. government;

b. regional government;

c. legal entity; and

d. research institution.

(3) Further provisions concerning railway design and engineering as referred to in


paragraphs (1) and (2) shall be governed in Government Regulation.
Undang-Undang No.23 Tahun 2007

CHAPTER X

TRAIN TRAFFIC

Part One

Traffic Procedure

Article 79

For the safety of train trip, one-way traffic principle shall be used both in single-track and
double-track under the following conditions:

a. Only one train is allowed to pass in one block section; and

b. Right-track principle is used for double-track railway lines.

Article 80

(1) For the safety, smooth, and orderly operation starting from the departure of railway
in the first station, crossing, passing over and stopping in the stations, train trip
shall be governed on the basis of train trip graph.

(2) Regulation of train trip as referred to in paragraph (1) shall be earned out by train
trip controller meeting the qualification requirements.

(3) Train trip graph as referred to in paragraph (1) may be modified in the event of
changes in:

a. railway infrastructures,

b. number of train facilities;

c. speed of train;

d. transportation needs; and

e. force majeure.
Undang-Undang No.23 Tahun 2007

Article 81

(1) Train facilities can be operated only by train crew receiving instructions from
transporter.

(2) Train crew as referred to in paragraph (1) shall comply with instructions or
prohibitions pursuant to the following order:

a. train trip controller;

b. signal, or

c. signs.

Article 82

In the crossing in the same section between railway lines and road used for general or
special traffic, user of road shall prioritize the train trip-Article 83

(1) No person shall be allowed to:

a. be on in the roof of train;

b. be in the locomotive;

c. enter the cabin train driver / locomotive engineer; or

d. be in any non passenger train/car.

(2) The prohibitions as referred to in paragraph (1) shall not apply to the tram crew
performing his duty and/or any individual obtaining permit from the transporter.

Part Two

Accident

Article 84

For safety, security, and smooth train traffic, every person shall behave orderly by preventing any
thing which may hamper, endanger safety or freedom of train traffic or which may cause damage
to the infrastructures and/or train facilities and train accident.

Article 85

In the event of train accident the parties engaged in train accident shall carry out as follows:
Undang-Undang No.23 Tahun 2007

a. transporter and operator of infrastructures immediately report to the Minister in


charge of railway sector;

b. the relevant operator of infrastructures shall make announcement to the service users
community,

c. transporter shall remove the passengers, baggage, and delivered goods to other train or
other modes of transportation in accordance with the applicable provision for
smooth trip;

d. operator of infrastructures shall instruct all trains passing the corresponding track stop in
the nearest stations if possible;

e. operator of infrastructures shall take measures for pursuing smooth and safe traffic.

Article 86

Further provisions concerning train traffic as referred to in Articles 79 through 84 shall be


governed in Government Regulation.

CHAPTER XI

TRANSPORTATION

Part One

Railway Service Network

Article 87

(1) Tram transportation shall be carried out in railway service tracks integrated into
railway service network.

(2) Railway service network as referred to in paragraph (1), comprise:

a. inter city railway service network; and

b. city railway service network.

(3) Transportation service must meet the service quality requirements.

(4) Further provisions concerning requirements of service quality as referred to in


paragraph (3) shall be governed in Government Regulation.
Undang-Undang No.23 Tahun 2007

Article 88

(1) Inter city railway service network as referred to in Article 87 paragraph (2) letter a,
may comprise services connecting:

a. inter city inter state;

b. inter city going across a province;

c. inter city going across a regency in a province;

d. inter city in a regency.

(2) Railway service network as referred to in paragraph (1) letters a and b shall be
stipulated by the Government.

(3) Network services as referred to in paragraph (1) letter c shall be stipulated by the
Provincial Government.

(4) Network services as referred to in paragraph (1) letter d shall be stipulated by the
Regent Government.

Article 89

(1) City railway service network as referred to in Article 87 paragraph (2) letter b
operating in a city area may:

a. go across a Province,

b go across a Regency / City in a Province;

c be in a Regency / City

(2) City railway service network as referred to in paragraph (1) letter a shall be stipulated
by the Government.

(3) City railway service network as referred to in paragraph (1) letter b shall be stipulated
by the Provincial Government.

(4) City railway service network as referred to in paragraph (1) letter c shall be stipulated by
the Regent/City Government.

Article 90

Further provisions concerning railway service network as referred to in Articles 87 through 89 shall
Undang-Undang No.23 Tahun 2007

be governed in Government Regulation.

Part Two

Transportation of Passengers by
Train Article 91

(1) Transportation of passengers by train shall be carried out in passenger train.

(2) In certain conditions, transporter can transport passengers as referred to in


paragraph (1) in non passenger car at the approval of the Government or regional
government.

(3) Transport of passengers in non passenger car as referred to in paragraph (2) shall
meet the passenger safety requirements and minimum requirements of passenger
service facilities.

(4) Further provisions concerning certain conditions, passenger safety requirements


and minimum requirements of passenger service facilities as referred to in
paragraphs (2) and (3) shall be governed in Government Regulation.

Article 92

(1) Transporter shall give services in the form of special treatment and facilities for
people with disability and/or sick passengers.

(2) Granting of special treatment and facilities as referred to in paragraph (1) shall
be free.

(3) Further provisions concerning special treatment and facilities as referred to in


paragraph (1) shall be governed in Government Regulation

Article 93

(1) Passenger transportation service activities shall be earned out after fulfilling the
general transportation terms composing:

a Rifht of service users to obtain services in accordance with the agreed


Undang-Undang No.23 Tahun 2007

service level;
Undang-Undang No.23 Tahun 2007

b. obligation of service user to pay transportation cost in accordance with the


agreed service level.

(2) Passenger ticket constitutes an evidence of transportation agreement.

Article 94

Train ticket shall not be sold outside the locations specified by the Transporter.

Article 95

Passenger who has met the general conditions of transportation as referred to in Article 93
paragraph (1) shall be transported by the transporter.

Article 96

(1) In the transportation of passengers by train, the transporter shall:

a. prioritize the interests of general services to the community,

b. maintain the continuous services in the specific lines;

c. announce schedule of train trips and passenger transportation tariff to the


community in the stations or other media, and

d. comply with the schedule of train departure.

(2) In the event of cancellation, postponement of departure, delay, or diversion of train


line services, the transporter shall announce to the community and/or passengers
complete with clear reasons thereof.

Article 97

(1) In the event of cancellation of train departure by the transporter, the transporter
shall reimburse the cost already paid by woud-be passengers plus compensation
fee.

(2) If, during a train trip, there is any obstacle or disturbance causing the train unable
to continue the trip to the destination station as agreed, the transporter shall:

a. provide transportation by using other tram up to destination station already


agreed in the same class as the first train, or

b. provide transportation by other train up to the destination station as agreed in


Undang-Undang No.23 Tahun 2007

the same class using other mode of transportation; or


Undang-Undang No.23 Tahun 2007

c. give compensation in the amount of the price of ticket in the same class up to the
destination station as agreed.

(3) Further provisions concerning reimbursement and compensation shall be governed in


Government Regulation.

Article 98

(1) In the transportation of passengers by train the transporter shall be authorized to.

a. check the fulfillment of general requests of transportation for passengers;

b. act to any violations against any general requirements of transportation as


referred to in letter a, and

c. take measures against any train passenger or community disturbing train trip.

(2) If considered endangering the safety, public order and public interests the
transporter may cancel any train trip.

Article 99

Further provisions concerning announcement of schedule of train trips and passenger


transportation tariffs, cancellation, postponement of departure, delay, and diversion of
tram line services shall be governed in Government Regulation.

Part Three

Transportation of Goods by
Train Article 100

(1) Transportation of goods by tram shall be carried out by using non passenger car
and/or baggage train.

(2) Transportation of goods as referred to in paragraph (1) consists f:


a general goods,
b. special goods;
c. hazardous and toxic materials; and
d. wastes of hazardous and toxic materials.
Undang-Undang No.23 Tahun 2007

Article 101

(2) Transportation of general goods and special goods as referred to in Article 100 paragraph
(2) letters a and b shall meet the following requirements:

a. loading, preparation and unloading of goods in the locations already specific in


accordance with their classification;

b. safety and security of transported goods; and

c. car used in accordance with the classification of transported goods.

(3) Train used to transport dangerous and toxic materials and wastes of dangerous and toxic
materials as referred to in Article 100 paragraph (2) letters c, and d shall:

a. meet the safety requirements in accordance the nature of transported


dangerous materials;

b. marked with certain labels pursuant to the transported dangerous materials; and

c. accompanied by official having certain qualification in accordance with the nature of


transported dangerous materials.

(4) Further provisions concerning transport of goods by train as referred to in paragraphs (1)
and (2) shall be governed in Government Regulation.

Article 102

(1) Transportation of goods shall be carried out after the fulfillment of general terms of
transportation comprising:

a. Right of service user for get services in accordance with the service level
agreed;

b. obligations service users to pay transportation cost in accordance with the


service level agreed.

(2) Letter of Transportation of Goods constitutes an evidence of transportation of goods


agreement

Article 103

Goods that have met the general terms of transportation as referred to in Article 102
paragraph (1) shall be transported by the transporter
Undang-Undang No.23 Tahun 2007

Article 104

(1) In the transportation of goods by train, the transporter shall be authorized to:

a. check the fulfillment of general terms for transportation of goods as referred to in


Article 102 paragraph (1);

b. take measures against any violations to the general terms of transportation as


referred to in letter a;

c. remove the transported goods if the transported goods may endanger the safety and
security of transportation or train trip.

(2) If the transported goods are considered endangering the safety, public order and
interests, the transporter may cancel the train trip.

(3) Further provisions as referred to in paragraphs (1) and (2) shall be governed in
Government Regulation.

Article 105

Sender of goods shall be responsible for true information shown in the letter of
transportation of goods, and all costs arising due to any untrue information which harms
the transporter or any third party shall be borne by and become the responsibility of the
sender of goods.

Article 106

(1) In the event of cancellation of departure of train trip by the transporter, the
transporter shall return the costs already paid by the sender of goods plus
compensation costs.

(2) If during a train trip, there is any obstacle or disturbance causing the train unable
to continue the trip to the destination station as agreed, the transporter continue
transporting the goods by:

a. other similar train, or

b. other mode of transportation of goods.


Undang-Undang No.23 Tahun 2007

Article 107

(1) When goods arrive in the destination location, the transporter shall immediately notify
the recipient of goods that me goods have arrived and can be immediately taken.

(2) Any costs arising because the recipient is late and/or negligent to take the goods
shall be borne by the recipient of goods

Part Four

Multimode Transportation
Article 108

(1) Multimode transportation may be carried out by legal entity that has permit for
multimode transportation;

(2) Further provisions concerning multimode transportation, requirements and procedure


to obtain permit as referred to in paragraph (1) shall be governed in Government
Regulation.

Part Five

Transportation by Special Train


Article 109

(1) Transportation services by special train as referred to in Article 4 paragraph (1) letter b,
shall be used only to support legal entity in carrying out its main activities.

(2) Transportation services by special train as referred to in paragraph (1) can be merged
with the network of transportation services by general train.

(3) Further provisions concerning the transportation services by train as referred to in


paragraphs (1) and (2) shall be governed in Government Regulation.

Part Six

Transportation Permit
Article 110

(1) Transportation of people and/or goods by general train can be earned out by legal
entity.

(2) In order to carry out the transportation activities as referred to in paragraph (1) the
legal entity shall have the following transportation permit comprising:
Undang-Undang No.23 Tahun 2007

a. business permit, and

b. operation permit

Article 111

(1) Business permit as referred to in Article 110 paragraph (2) letter a shall be given by the
Government and shall be valid when the business is still carried out.

(2) Further provisions concerning business permit as referred to in paragraph (1) shall be
governed in Government Regulation.

Article 112

(1) Operation permit as referred to in Article 110 paragraph (2) letter b shall be given by:

a. Government for inter state transportation service based on inter state


agreement;

b. Government for inter city and city transportation service the service lines of
which go across a province;

c. Provincial Government for inter city and city transportation service whose
service lines go across a regency/city in a province;

d Regent/City Government for inter city and city transportation service whose
service lines are in a regency /city.

(2) Granting of operation permit as referred to in paragraph (1) shall refer to the
determination of service network as referred to in Article 109.

(3) Further provisions concerning operation permit as referred to in paragraphs (1)


and (2) shall be governed in Government Regulation.

Part Seven

Transportation Tariffs

Article 113

Train transportation tariffs consist of tariffs for passengers and goods.


Undang-Undang No.23 Tahun 2007

Article 114

(1) Tariff for train passengers as referred to in Article 113 shall be stipulated by
transportation operators based on minimum requirements for transportation
service facilities as referred to in Article 91 paragraph (3)

(2) Train passenger tariff as referred to in paragraph (1) can be stipulated by the
Government regarding:

a. Transportation service constituting the basic needs of the community;

b. Transportation service provided for regional development.

(3) Determination of tariff as referred to in paragraph (2) shall be stipulated by:

a. Government for inter state transportation service based on agreement inter


state;

b. Government for inter city and city transportation service the trans-service of
which goes across a province;

c. Provincial Government for inter city and city transportation services trans
service of which goes across a regency/city in a province,

d. Regent/City Government for inter city and city transportation service the trans
service of which is in a regency/city.

(4) Further provisions concerning train passenger tariff as referred to in paragraphs (1), (2)
and (3) shall be governed in Government Regulation.

Article 115

Tariff for the transportation of goods as referred to in Article 113 shall be stipulated based on the
agreement between service user and service provider.

Part Eight

Responsibilities of Transporter

Article 116

Transporter shall be responsible for any acts of its workers in transportation activities

Article 117
Undang-Undang No.23 Tahun 2007

(1) Transporter shall be responsible for any losses suffered by passengers because of
death or injuries resulting from railway transportation activities, unless the transporter
can prove that the death or injury aforesaid is caused by an event which could have
been prevented or avoided or due to the passenger's own fault

(2) Losses as referred to in paragraph (1) shall be calculated based on losses truly
experienced, or part of the costs for the services that have been received.

(3) Responsibility as referred to in paragraph (1) shall start as of the transportation from the
station on which passenger departs and end at the destination station agreed.

(4) Transporter shall not be responsible for any death or injury of passengers not due to
train operation.

(5) Transporter shall not be responsible for any losses of goods brought by
passenger, unless the passenger can prove that the losses are due to the
transporter's mistake or negligence;

(6) Further provisions concerning the amount of compensation as referred to in


paragraphs (1) and (4) shall be governed in Government Regulation.

Article 118

(1) Transporter shall be responsible for any losses suffered by sender of goods
because the goods are destroyed, lost, damaged, or delayed resulting from
transportation activities, unless the transporter can prove that the destruction, loss,
damage or delay of goods are due to any event which cannot be prevented or
avoided or defect of goods or the transporter's own mistake.

(2) Losses as referred to in paragraph (1) shall be calculated based on losses really
experienced, excluding profits to be acquired and service costs already used.

(3) Responsibilities as referred to in paragraph (1) shall start as of the date on which
the goods are received by the transporter from the departure station until the
handover of goods in the destination station agreed.

(4) Transporter shall not be responsible for any loss if such loss is due to the
mentioning of incorrect information in the letter of transportation of goods by the
sender of goods.
Undang-Undang No.23 Tahun 2007

Article 119

Further provisions concerning the limit of compensation associated with the


transporter's responsibility as referred to in Articles 117 and 118 shall be governed in
Government Regulation.

Article 120

(1) Transporter shall not be responsible for any losses suffered by any third party
resulting from transportation activities, unless the third party aforesaid can prove that the
losses are due to the transporter's mistake.

(2) Right to file an objection and request of compensation from the third party to the
transporter as referred to in paragraph (1), shall be submitted not later than 30 (thirty) days
as of the date on which the losses occur.

Part Nine

Transporter's Rights

Article 121

(1) Transporter has the right to hold the ansported goods by train, if the ansporter or
recipient does not fulfill the obligation in the time limit stipulated in accordance with
the transportation agreement.

(2) Transporter or recipient of goods as referred to in paragraph (1) shall be subject to


costs of storage of goods held.

(3) If the transporter or recipient does not meet the obligations after the time limit as referred
to in paragraph (1) is exceeded, the transporter may sell by auction in accordance with the
law and regulation to meet the obligations of the transporter of and/or recipient of goods.

Article 122

Goods not taken after passing the specific time limit shall be declared unowned
(unclaimed) goods and can be sold by auction in accordance the law and regulation or
destroyed if they are dangerous or can disturb their storage.
Undang-Undang No.23 Tahun 2007

Part Ten

Term for Application of Compensation


Article 123

(1) If the party receiving goods does not submit its objection when receiving goods from
the transporter shall be considered to have received the goods in good conditions

(2) In the event of damage of goods when the goods are received from the transporter, the
recipient of goods may submit objection and request compensation not later than
seven days as of the date on which the goods are received.

(3) If no objection and request of compensation is submitted within the period as referred to in
paragraph (2), the right to claim for compensation to the transporter shall become
invalid unless the recipient of goods can prove that the damage or loss is not known due
to the transporter's fraud.

CHAPTER XH

INSURANCE

Article 124

(1) Transporter shall insure its responsibility as referred to in Articles 116, 117, and 118.

(2) Further provisions concerning insurance obligation as referred to in paragraph (1)


shall be governed in Government Regulation.

Article 125

(1) Transporter shall insure the train crew against any risk of accident.

(2) Transporter shall insure basic protection of passengers in accordance with railway
law and regulation against any risk of accident.

(3) Public train facilities shall be insured against the train itself or against any losses
suffered by any third party due to the tram operation.

(4) Further provisions concerning insurance for the crew of train facilities and the
train facilities as referred to in paragraphs (1) and (2) shall be governed in
Undang-Undang No.23 Tahun 2007

Government Regulation.

CHAPTER XIII

RIGHTS OF OPERATOR OF INFRASTRUCTURES AND TRANSPORTER

Article 126

Operator of Infrastructures and Transporter may claim for compensation to the other party that has
caused losses to the infrastructures and facilities including the workers.

CHAPTER XIV

CHECK AND EXAMINATION OF TRAIN ACCIDENT

Article 127

(1) Government shall carry out check and examination on cause of any train accident
occurring in the territory of the Republic of Indonesia.

(2) Check and examination of train accident as referred to in paragraph (1) may be
carried out by a body established by the Government.

(3) Further provisions concerning check and examination of train accident as referred
to in paragraphs (1) and (2) shall be governed in Government Regulation.

Article 128

(1) Operator of infrastructures and/or transporter managing the train infrastructures


and/or facilities that experience an accident shall pay costs of examination and
check of train accident;

(2) Costs of examination and check of train accident as referred to in paragraph (1)
shall be insured;

(3) Further provisions concerning insurance as referred to in paragraph (2) shall be


governed in Government Regulation.
Undang-Undang No.23 Tahun 2007

CHAPTER XV

OTHER PROVISION

Article 129

Provisions concerning manpower in railway sector shall be carried out in accordance the
law and regulation on manpower

CHAPTER XVI
INVESTIGATION

Article 130

(1) In addition to the Official of State Police of the Republic of Indonesia, to certain Civil
Servants in the environment of institution whose scope of duty and its responsibility
comprise railway development shall be granted a special authority as investigator as
referred to in Law Number 8 Year 1981 on Criminal Code (KUHP) to carry out
investigation on railway crime.

(2) Investigator as referred to in paragraph (1) shall be authorized to:

a. carry out check on correctness of report, complaint or information on railway


crime;

b. summon people for inquiry as witness and/or suspect associated railway


crime;

c. carry out search, sealing and/or confiscation of tools used for committing any
crime;

d. carry out examination on the location on which a railway crime occurs or


other locations suspected to have evidence of railway crime;

e. confiscate evidence of railway crime;

f. inquire information and evidence from people and/or legal entity associated
with railway crime;
Undang-Undang No.23 Tahun 2007

g invite expert required in the railway crime investigation,

h. draw up and sign minutes of examination;

i terminate the investigation if there is not adequate evidence of railway crime.

(3) Civil Servant Official as referred to in paragraph (1) shall notify the start of
investigation and submit the results of his investigation in accordance with the
law and regulation.

CHAPTER XVII

CRIMINAL PROVISIONS

Article 131

(1) Anybody operating infrastructures not in accordance with the provisions as referred to
in Article 15 paragraph (1) and/or Article 16 shall face a maximum penalty of 5 years in
prison and/or fine up to Rp. 240,000,000.00 (two hundred and forty million rupiah)

(2) Anybody managing and/or operating facilities not meeting the operation worthiness
requirements as referred to in Article 19 shall face a maximum penalty of 1 (one) year in
prison and/or fine up to Rp.48,000,000.00 (forty-eight million rupiah).

(3) Anybody operating special railway without permit as referred to in Article 21


paragraph (1) shall face a maximum penalty of 5 years in prison and/or fine up to Rp.
240,000,000.00 (two hundred and forty million rupiah).

Article 132

Anybody constructing any building, building walls, fence, embankment and other
construction, planting higher trees and placing goods in railway lines either disturbing
visibility or endangering the safety of train trip as referred to in Article 34 shall face a
maximum penalty of 5 years and/or fine up to Rp- 240,000,000.00 (two hundred and forty
million rupiah).

Article 133

(1) Anybody committing act which can cause, either directly or indirectly, displacement of
land in railway line, hence disturbing or endangering train trip as referred to in Article
35 shall face a maximum penalty of 6 (six) years and/or fine up to Rp.
24,000,000.00 (twenty-four million rupiah).
Undang-Undang No.23 Tahun 2007

(2) If the act as referred to in paragraph (1) damages the railway facilities and
infrastructures, then he shall face a maximum penalty of 12 (twelve) years and/or tine up
to Rp. 48,000,000.00 (forty-eight million rupiah) and shall pay compensation to the
operator of infrastructures.

(3) If the act aforesaid causes death he shall face a maximum penalty of life or 20 (twenty
years) in prison.

Article 134

Anybody operating infrastructures which do not meet the worthiness requirements and train
facilities not in accordance with the technical requirements and operation worthiness as
referred to in Article 52 paragraph (1) and Article 66 paragraph (2) shall face a maximum
penalty of 1 (one) year in prison and/or fine up to Rp.48,000,000.00 (forty-eight million rupiah).

Article 135

(1) Anybody committing any act causing damage and/or malfunction to the train
infrastructures and facilities as referred to in Article 58, and Article 66 shall face a
maximum penalty of 15 (fifteen years) in prison and/or fine up to Rp.
720,000,000.00 (seven hundred and twenty million rupiah).

(2) If the act aforesaid causes death, he shall face a maximum penalty of life or 20
(twenty) years in pnson and/or fine up to Rp. 960,000,000.00 (nine hundred and
sixty million rupiah)

Article 136

(1) Anybody being in the benefit space of rails, dragging goods on or crossing a
railway line, without the right to use the railway line not for the interests of the
train transportation, which may disturb any train trip as referred to in Article 54
paragraph (1) shall face a maximum penalty of 5 (five) years and/or fine up to Rp.
240,000,000.00 (two hundred and forty million rupiah).

(2) If the act as referred to in paragraph (1) causes hazard or accident to the train
traffic, he shall face a maximum penalty of 15 (fifteen) years and or fine up to Rp
720,000,000.00 (seven hundred and twenty million rupiah).

(3) If the act as referred to in paragraph (1) causes death, he shall face a maximum
penalty of life or 20 (twenty) years in prison.
Undang-Undang No.23 Tahun 2007

Article 137

Anybody constructing road, special railway lines, tunnels, water channels and/or other
infrastructures which causes or requires connection, crossing or overlap with the rails without any
permit as referred to in Article 64 shall face a maximum penalty of 3 years in prison and/or fine up
to Rp 144,000,000.00 (one hundred and forty-four million rupiah).

Article 138

Transporter operating the train facilities not in accordance with the provisions as referred to
in Article 66 paragraph (2) shall face a maximum penalty of 1 (one) year in prison and or fine
up to Rp. 48,000,000.00 (forty-eight million rupiah).

Article 139

(1) Anybody operating train facilities without any certificate of competency as referred
to in Article 76 paragraph (1) shall face a maximum penalty of 6 (six) months in
prison and/or fine up to Rp. 24,000,000.00 (twenty-four million rupiah).

(2) Anybody operating train facilities but unable to show certificate of competency as
referred to in Article 76 paragraph (1) shall face a maximum penalty of 3 (three)
months in prison and/or fine up to Rp. 12,000,000.00 (twelve million rupiah).

Article 140

Anybody operating railway without the letter of assignment from the transporter as referred
to in Article 81 paragraph (1) shall face a maximum penalty of 2 years in prison and/or fine
up to Rp 96,000,000.00 (ninety-six million rupiah).

Article 141

Anybody who without any right to be in the roof of tram, be in the locomotive, entering the
work room of tram crew, and/or be in the train/car not provided for passengers as referred
to in Article 83 paragraph (1) shall face a maximum penalty of 3 (three) months in prison
and/or fine up to Rp 12,000,000.00 (twelve million rupiah).

Article 142

Anybody showing disorderly behavior as referred to in article 84 shall face a maximum


penalty of 12 (twelve) months in prison and/or fine up to Rp 48,000,000.00 (forty-eight
million rupiah).

Article 143
Undang-Undang No.23 Tahun 2007

Anybody who, during a train accident, does not perform his obligations as referred to in article
85 shall face a maximum penalty of 6 (six) months in prison and/or fine up to Rp. 24,000,000.00
(twenty-four million rupiah).

Article 144

Anybody selling train tickets outside the locations already specified by the transporter as referred
to in Article 94 shall face a maximum penalty of 3 (three) months and/or fine up to Rp.
12,000,000.00 (twelve million rupiah).

Article 145

Anybody conducting transportation business without any permit as referred to in Article 108
paragraph (2) shall face a maximum penalty of 2 years and/or fine up to Rp 96,000,000.00
(ninety-six million rupiah).

Article 146

Transporter not insuring its responsibility as referred to in Article 124 paragraph (1) shall
face a maximum penalty of 6 (six) months and/or fine up to Rp 24,000,000.00 (twenty-four
million rupiah).

Article 147

Transporter not insunng crew of train facilities against any risk of accident as referred to in Article
125 paragraph (1) shall face a maximum penalty of 6 (six) months in prison and/or fine up to Rp
24,000,000.00 (twenty-four million rupiah).

CHAPTER XVH1

TRANSITIONAL PROVISIONS

Article 148

(1) When this Law comes into force, legal entity already obtaining business permit and
operation permit based on the provisions of law shall be declared as legal entity
according to this Law.

(2) Not later than 3 (three) years as of the date on which this Law comes into force, the
legal entity as referred to in paragraph (1) shall adjust itself to the provision of this Law.
Undang-Undang No.23 Tahun 2007

(3) With the enactment of this Law, the railway infrastructures including stations already
constituting the legal entity's assets shall be re-calculated.

Article 149

When this Law comes into force, all implementing regulations of railway are declared to
survive provided that they are not in contradiction with or not replaced yet by the new ones
based on this Law.

CHAPTER XIX

CLOSING PROVISION

Article 150

When this Law comes into force, the Law Number 13 Year 1992 on Railway (State
Gazette Year 1992 Number 47 Supplement to the State Gazette Number 3479) is hereby
revoked and declared null and void,

Article 151

This Law comes into force 1 (one) year as of the date of its enactment.

For the public to be informed, it is ordered that this Law be promulgated in the State
Gazette of the Republic of Indonesia.

Ratified in : Jakarta

On : April 25,2007

PRESIDENT OF THE REPUBLIC OF INDONESIA

Dr. H. SUSILO BAMBANG YUDHOYONO

Enacted in Jakarta on April 25, 2007

MINISTER OF JUSTICE AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA

HAMID AWALUDIN
Undang-Undang No.23 Tahun 2007

STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2007 NUMBER 65


ELUCIDATION

OF

LAW OF THE REPUBLIC OF INDONESIA

NUMBER 23 YEAR 2007

ON

RAILWAY

GENERAL

Railway as one of transportation modes has special characteristics and


advantages particularly in its capacity to transport both passengers and goods en mass,
energy efficient, efficient in use of space, has high security factor, and low pollution level
and more efficient compared to the road and long distance transportation modes and for
high density traffic area such as city transportation.

Realizing the advantages and characteristics of railway, the role of railway needs to
be enhanced to develop an integrated national transportation system, for this purpose
the operation of railway starting from planning, development, maintenance and operation
needs to properly governed in order to materialize secure, safe, comfortable, fast,
appropriate, orderly and efficient railway transportation integrated with other transportation
modes hence finally creating harmony and balance of loads among transportation modes
hence enhancing the procurement of transportation services for mobile transportation of
people and goods.

Since the enactment of Law number 13 year 1992 on Railway, operation of


railway has shown enhanced role which is important in supporting and encouraging
economic activities, consolidating defense and security, expediting government activities,
bolstering the unity and integration of the nation and enhancing international relation.

The development of railway technology, and changes in global environment


which cannot be separated from the global trade system focusing on the free and not
discriminatory trade principle and enhanced capability of private sector, hence it is
deemed necessary to encourage the role of private to participate in the national railway
development

Besides, the increased need of transportation for both passengers and goods by
train needs to be balanced with the enhanced services to 1he service users both before

ELUCIDATION OF LAW OF NO.23 YEAR 2007


departure, during trip and after getting off from the train.

ELUCIDATION OF LAW OF NO.23 YEAR 2007


By taking into account the above considerations, the role of government in railway
development needs to be focused in determining policies, regulations, control and supervision
by engaging the role of community hence it is expected that railway development can be
pursued in efficient, effective, transparent and accountable ways.

The railway development aforesaid may also be used to support the national defense and
security.

By always relying on the meaning and essence contained in the preamble of the 1945
Constitution and by taking into account the strategic environmental development both
nationally and internationally particularly in the railway sector, the legal norms in the
development and operation of railway governed in Law 13 year 1992 on Railway need to be
replaced.

ARTICLE BY ARTICLE

Article 1

Self-explanatory.
Article 2

In this article:

a. benefit principle namely railway must bring about utmost benefits to


humanity, enhancement in people's welfare and sustainable development of
life to the Citizen;

b. justice principle namely railway must give just and evenly-distributed services to
all layers in the community at the costs affordable to the community,

c. principle of balance namely railway must be such applied hence there is a


harmonious balance between facilities and infrastructures, between interests of
users and of service provider, between the interests of individual and of the
community, and between the national and international interests;

d. principle of public interests namely railway must prioritize more on interests of


general services to the community,

e. principle of integrity namely railway must constitute united and complete,


integrated, mutually supporting and fulfilling, both intra and inter modes of
transportation,

ELUCIDATION OF LAW OF NO.23 YEAR 2007


f. principle of independence namely railway must be based on trust on own
capability and strength, and complying with the personality of the nation;

g. principle of transparency namely operation of railway in its services must be


known by the community;

h. principle of accountability namely operation of railway must be accountable to the


community;

i. Principle of sustainability namely operation of railway must be environment-


based.

Article 3

This provision in general contains an understanding that railway has the capacity
to transport people and/or goods in big number or volume in every trip.

Secure means that the operation of road transportation is avoided from any
traffic accident and any consequences of traffic accident from internal factors

Safe means that the operation of transportation is avoided from any


consequences resulting .from external factors both natural and human
interferences.

Fast and smooth means that operation of transportation in brief period of time
with high safety level.

Orderly and regularly means the realization of transportation in accordance with


the applicable law or norms or values applicable in the community and
realization of transportation in accordance with the schedule and certainty of
services.

Comfortable means the realization of tranquility and enjoyment for passengers


during trip from the location of origin to the destination both in and outside the
transportation;

Efficient means that the operation of transportation is capable of bringing about


maximum benefits with certain sacrifice which must be borne by the
Government, community and environment, or certain benefits with minimum
sacrifice;

Capable of integrating other modes of transportation in this provision is the

ELUCIDATION OF LAW OF NO.23 YEAR 2007


capability of modes of traffic and road transportation to merge railway, sea and air
transportation modes one to another, such as by connection and dynamics of inter
terminal or other nodes with the space of activities.

Paragraph (3)

Self-explanatory.
Article 5

Paragraph (1)

Self-explanatory.
Paragraph (2)

Self-explanatory.
Paragraph (3)

In the master plan, besides containing the plan of railway line network
already existing, also contains the plan of railway line network to be built.

Paragraph (4)
Letter a

The national railway master plan in this provision refers to me


railway connecting on a continuous basis the inter-centers of
national activities and between the center of national activities and
the center of regional activities.

The railway aforesaid includes the existing network of railway lines


and part of the national railway master plan.

Letter b

Provincial train master plan in this provision refers to railway


connecting on continuous basis the inter-center of regional
activities and between center of regional activities and center of local
activities.

The railway aforesaid includes the existing network of railway lines


and part of the provincial railway master plan.

Letter c

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Regent/city railway master plan in this provision refers to railway
connecting on a continuous basis the inter center of local activities.

ELUCIDATION OF LAW OF NO.23 YEAR 2007


The railway aforesaid includes the existing network of railway lines and
part of the regent/city railway master plan.

Article 6

Self-explanatory.
Article 7

Self-explanatory.
Article 8

Self-explanatory.
Article 9

Self-explanatory.
Article 10

Self-explanatory.
Article 11

Paragraph(l)

The phrase controlled by the state means that the state is responsible for
railway development.

Paragraph (2)

Self-explanatory.
Paragraph (3)

Letter a

Regulation in this provision comprises determination of general and


technical policies such as determination of norms, standards,
guidelines, criteria, planning and procedures including requirements of
certificate, institutions, and permits

Letter b

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Control in this provision refers to the granting of directions, guidance,
training, permits, certification and technical supports in development and
operation.

Letter c

Supervision in this provision comprises supervision of


development and operation hence complying with the law and
regulation, including pursuing corrective measures and law
enforcement.

Article 12

Self-explanatory.
Article 13

Self-explanatory.
Article 14

Self-explanatory.
Article 15

Self-explanatory

Article 16

Self-explanatory

Article 17

Paragraph (1)

Self-explanatory.

Paragraph (2)

In Government Regulation shall be governed inter alia procedure and terms


of permit, revocation of permit, worthiness and safety of train operation

Article 18

Self-explanatory

Article 19

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Self-explanatory

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Article 20

Self-explanatory.
Article 21

Self-explanatory.
Article 22

Paragraph (1)

Self-explanatory.

Paragraph (2)

Self-explanatory.

Paragraph (3)

The passengers getting in and off or loading and unloading of goods in


the station refer to the passengers getting in and off or loading and
unloading of goods outside station due to force majeure such as damage
of train facilities and/or railway infrastructures and/or for security tasks.

for train operation in this provision refers to the fact that railway requires
location for crossing, passing, departing, stopping, and arranging the
train cars.

Paragraph (4)

Self-explanatory.
Article 23

Self-explanatory.

Article 24

Paragraph (1)

The plot of land on the left and right sides of the rails used for rails
construction includes slope in the heap and/or cut

Other supporting buildings refer to any buildings supporting the safety of


tram operation.

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Paragraph (2)

Letter a

Self-
explanatory, Letter b

Self-explanatory.
Letter c

Rails located above the soil surface may be either flyover rails or
hanging rails.

Article 25

Self-explanatory.
Article 26

Paragraph (1)

Self-explanatory.
Paragraph (2)

Self-explanatory.
Paragraph (3)

Bridge construction in this provision consists of upper building which can be


made from concrete, steel, or wood and lower building consisting of base,
pillar, jumping floor, crib and so on associated with guards of construction
building.

Article 27

Self-explanatory

Article 28

Self-
explanatory. Article 29

Self-explanatory

Article 30

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Self-explanatory.
Article 31

Self-explanatory.
Article 32

Self-explanatory.
Article 33

Self-explanatory.
Article 34

Visibility in this provision refers to visibility of locomotive engineer to see far to the
front and visibility of the road users crossing the railway track

Article 3 5

Self-explanatory.
Article 36

Paragraph (1)

Self-explanatory
Paragraph (2) Letter a.

Self-explanatory.
Letter b.

Axle load refers to the load which can be supported by rails due to
the passing facilities.

Letter c

Self-explanatory.
Paragraph (3)

Self-explanatory
Article37

Self-explanatory.

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Article 3 8

Self-explanatory.
Article 3 9

Self-explanatory.
Article 40

Paragraph (1)

Self-explanatory.

Paragraph (2)

Self-explanatory.

Paragraph (3)

For the train operation in this provision refers to anything associated with
smooth, secure and safe train trips.

Paragraph (4)

Self-explanatory.
Article 41

Paragraph(l)

Supporting business activities in this paragraph may comprise stores,


restaurants, offices, hotels, provided that they do not hamper the main function
of station.

Paragraph (2)

Self-explanatory.
Article 42

Self-explanatory.
Article 43

Paragraph (1)

Self-explanatory.

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Paragraph (2)

Self-explanatory.

Paragraph (3)

Self-explanatory.

Article 44

Letter a

Signaling equipment functioning as guide refers to tools or signs namely


colors or lights placed in a certain location and giving signs with certain
meanings.

Letter b

Self-explanatory.
Letter c

Electricity installation namely all power generating systems used to give


electrical power as source of electrical power from the power source, its
distribution up to the use of the electrical power aforesaid.

Article 45

Self-explanatory.

Article 46

Self-explanatory.

Article 47

Self-explanatory
Article 48

Self-explanatory
Article 49

Paragraph (1)

Development for public interests must take into account the individual right upon
land hence the use of land aforesaid shall benefit to the community, state, and

ELUCIDATION OF LAW OF NO.23 YEAR 2007


holder of right upon land.

Railway master plan aforesaid refers to the railway master plan in line with the
national, provincial, and regent/ city spatial planning.

Paragraph (2)

Socialization activities aforesaid are aimed at giving understanding to the


community hence reducing the impacts associated with the objection of
the community to the development of railway infrastructures.

Paragraph (3)

Holder of right upon land refers to individual or legal entity that has the right
upon land that has been registered or has certificate or upon ex traditional
land not yet registered nor having any certificate.

User of state land refers to person or legal entity constructing any building
or using the land aforesaid upon which no right nor certificate has been
given.

Communal land refers to a plot of land to which no communal right of


certain traditional law applies.

Traditional community refers to a group of people bound by the


corresponding traditional law arrangement as residents together with legal
association based on similarity of residence or descent.

Paragraph (4)

This agreement constitutes a part of land procurement process stipulated


in minutes.

Article 50

Paragraph (1)

Revocation of right upon land may be earned out if any agreement has
been gradually pursued by the parties however not achieving any
consensus The implementation shall be based on law and regulation on land

Paragraph (2)

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Self-explanatory.
Article 51

Self-explanatory.
Article 52

Paragraph (1)

Meeting the worthiness requirements refers to the conditions of infrastructures which


are ready for use and technically worth for operation.

Paragraph (2)

Self-explanatory.
Article 53

Paragraph (1)

Self-explanatory.
Paragraph (2)

Self-explanatory.
Paragraph (3)

Institution in this provision comprises institution that has license and expertise
in testing railway infrastructures.

Article 54

Self-explanatory.
Article 55

Paragraph (1)

Qualification of expertise in this provision is acquired through education and


training.

Paragraph (2)

Self-explanatory.
Article 56

Paragraph (1)

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Administrative sanction in this provision may be either written warning,
freezing, and revocation of permit.

Paragraph (2)

Self-explanatory.

Article 57

Self-explanatory.
Article 58

Self-explanatory.
Article 59

Paragraph (1)
Letter a

Self-explanatory.
Letter b.

Dragging in this provision includes dragging or pushing goods


without wheels and crossing railway track refers to the crossing of
railway track when the train is going to pass.

Letter c.

Other interests as referred to in this provision refer to any use of


track which does not conform to its function such as selling,
herding animals, drying goods.

Letter d

Outside the location provided for transportation of passengers


and/or goods refers to certain locations in the station not provided
for passengers to get in or off and/or loading and unloading of
goods.

Letter e.

Disturbing order and/or general services includes but not limited to


sitting on the roof of tram or other dangerous location.

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Included in this understanding is any act which may endanger the
safety of train trip.

Paragraph (2)

Self-explanatory.

Paragraph (3)

Self-explanatory.
Article 60

Paragraph (1)

Maintenance of railway infrastructures in this provision refers to the


maintenance or repair carried out on a routine and/or periodical basis.

Paragraph (2)

Maintenance requirements refer to the requirements for location of and


equipment of railway infrastructures.

Paragraph (3)

Self-explanatory.
Paragraph (4)

Self-explanatory.
Article 61

Paragraph (1)

Road refers to the road as governed in Law Number 38 Year 2004 on Road.

The principle of not in the same section in this provision refers to the principle
of location of road which does not cross horizontally, rather than built
aboveor below the railway tracks.

This principle shall also apply for special railway tracks

With regard to the crossing between railway tracks and road already
existing before the enactment of this law and not applying yet the principle
of not in the same section, shall be gradually modified to in accordance
with the

ELUCIDATION OF LAW OF NO.23 YEAR 2007


capability of the Government and/or regional government hence they will be no
longer in the same section.

Paragraph (2)

Self-explanatory.

Paragraph (3)

Self-explanatory.
Article 62

Self-
explanatory. Article 63

Self-
explanatory. Article 64

Paragraph (1)

Parties requiring any connection, crossing, or overlap with train tracks


may realize them after meeting the requirements and obtaining permits
and not endangering trains.

Paragraph (2)

Self-explanatory.
Paragraph (3)

Self-explanatory.
Article 65

Maintenance of crossing / overlap in this provision shall be limited only to the


maintenance of crossing facilities and excluding the maintenance of road as
referred to in Law Number 38 Year 2004 on Road.

Article 66

Paragraph (1)
Letter a

Self-explanatory

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Letter b

Self-explanatory.
Letter c

Self-explanatory.
Letter d

Facilities for special purposes comprise supporting facilities which


meet the health and environmental requirements such as
supporting facilities, facilities for maintenance.

Paragraph (2)

The technical and worthiness requirements in this provision refer to loading of


passengers and/or goods in accordance the specified capacity and
supporting facilities which meet the work safety requirements.

Paragraph (3)

Self-explanatory.
Article 67

S el f-explanatory.
Article 68

Self-explanatory.
Article 69

Self-explanatory.
Article 70

Self-explanatory.
Article 71

Self-explanatory.
Article 72

Self-explanatory.
Article 73

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Self-explanatory

Article 74

Self-explanatory

Article 75

Paragraph (1)

Maintenance of train facilities refers to the maintenance or repair carried out


on a routine and/or periodical basis.

Paragraph (2)

Self-explanatory.
Paragraph (3)

Self-explanatory.
Paragraph (4)

Self-explanatory
Paragraph (5)

Self-explanatory.
Article 76

Paragraph (1)

Self-explanatory.
Paragraph (2)

Pursuant to the demand of development of technology and survival of


business, the transporter shall be demanded to continuously enhance skill
and quality of human resources in the railway sector through education
and training.

Paragraph (3)

Self-explanatory
Paragraph (4)

Self-explanatory.

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Article 77

Self-explanatory.
Article 78

Paragraph (1)

Self-explanatory.
Paragraph (2)

Letter a

In developing railway design and engineering, the government shall


create climate and encourage the development of domestic railway
industry with appropriate technology such as energy efficient and
environment-based, therefore consistent efforts must be pursued
in order to reduce, prevent, and control pollution impacts arising
from and potentially endangering the environment.

Letter b.

Self-explanatory.
Letter c.

Self-explanatory.
Letter d.

Self-explanatory
Letter e.

Self-explanatory.
Paragraph (3)

Self-explanatory
Article 79

Letter a.

Block section in this provision refers to part of the traffic starting from
incoming signal up to outgoing signal in the nearby stations

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Letter b.

Self-explanatory.
Article 80

Self-explanatory.
Article 81

Self-explanatory.
Article 82

This obligation to prioritize train trip is based on considerations that nature of train
operation is strongly limited to the rails aforesaid and oilier technical limitation.

Article 83

Self-explanatory.

Article 84

Accident in this provision includes collision of trains, between train and other mode,
and derail of train.

Article 8 5

Self-explanatory.
Article 86

Self-
explanatory. Article 87

Paragraph (1)

Self-explanatory.

Paragraph (2)

Preparation of inter city services network is aimed at connecting domestic


cities. According to the need, it can also connect domestic cities and cities in
foreign carry out.

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Preparation of inter city transportation service network and city transportation
service into an integrated system is aimed at gaining high efficiency and at
providing the best services.

City transportation system constitutes in principle an independent network of


services different from the network of inter city transportation network.

However both systems must be integrated hence allowing service users to shift
from a services network to the other railway network, including possibility of
shifting to other transportation modes, because it constitutes a system of
distribution and accumulation for city transportation.

Paragraph (3)

S elf-explanatory.
Paragraph (4)

Self-explanatory.
Article 88

. Self-explanatory.
Article 89

Self-explanatory.
Article 90

Self-explanatory.
Article 91

Paragraph (1)

Self-explanatory.
Paragraph (2)

Certain condition in this provision is when passenger train is not available or


inadequate in the lines whilst request of transportation must be immediately
served.

Paragraph (3)

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Minimum requirements for passenger services facilities in this provision
comprise roof as protector from heat and rain, air circulation, location for sitting,
lighting and cleaning.

Paragraph (4)

Self-explanatory.

Article 92

Paragraph (1)

Services for passengers with disability and/or sick people are aimed at
rendering them enjoying good train transportation services.

Special treatment in this provision may include the construction of special way
in the station and special facilities for getting in the train or provision of space
specially provided for placement of wheelchair or support facilities for sick
people required to be in sleeping position during transportation.

Defect in this paragraph includes inter alia passengers using wheelchair due to

paralysis, defect in foot, blind and so on.

Paragraph (2)

Self-explanatory.
Paragraph (3)

Self-explanatory
Article 93

Paragraph (1)

Letter a

For example holder of certain ticket will obtain service level in


accordance with the ticket he owns. Obligation of service users to pay
transportation cost conforms to the service level he receives

Letter b

Obligation of the transporter to transport passengers having ticket


conforms to the service level agreed. Similarly, the obligation of the

ELUCIDATION OF LAW OF NO.23 YEAR 2007


transporter to pay compensation conforms to the general terms
already agreed, to the service users suffering losses due to the
transporter's negligence. Giving services in the worthiness limits in
accordance with the transporter's capability to the service users,
while waiting the departure in case of delay in departure due to the
transporter's negligence.

Letter c

If would-be service users already have tickets however their trip is


cancelled, then the provisions as set forth in the general terms of
transportation shall apply.

Paragraph (2)

Tickets in this provision refer to the tickets both with and without name.
Article 94

Self-explanatory.
Article 95

Provision of obligation to transport is aimed at rendering the transporter not making


any different treatment to users of tram transportation services, provided that the
service users have met the general terms of transportation stipulated pursuant to
this law.

Article 96

Self-explanatory.
Article 97

Self-explanatory.
Article 98

Paragraph (1)

Letter a

Self-explanatory.
Letter b

ELUCIDATION OF LAW OF NO.23 YEAR 2007


Action to any passenger endangering the safety and security of other
passengers shall be taken by ordering the passenger to get off in the
nearest station. Whereas with regard to acting to any passenger having
no ticket, the transporter may either impose a fine or order the
passenger to get off in the nearest station.

Letter c

The putting passengers or community into order can be carried out


jointly with the security apparatus.

Paragraph (2)

Self-explanatory.
Article 99

Self-explanatory.

Article 100

Paragraph (1)

Self-explanatory.
Paragraph (2) Letter a

General goods refer to materials or goods other than special


goods, dangerous materials and toxic materials, dangerous wastes
and toxic materials, containers, and heavy equipment.

Letter b

Special goods refer to goods the nature and form of which must be
loaded in a specific way among other things:

a. batch goods such as batch cement,

b liquid goods such as fuel, basic of granular sugar, etc.

c. transport of goods requiring cooling facilities;

d. transport of living plants and animals,

e. materials put in palette;

ELUCIDATION OF LAW OF NO.23 YEAR 2007


f. materials made of glass sheet;

g. multi-stage transport of vehicle.

Letter c

Hazardous and toxic materials refer to any materials or goods due


to their specific nature and characteristics and conditions are
dangerous to public safety and order and against human life or
health and other living creatures.

Letter d

Wastes of hazardous and toxic materials refer to those remain from


any operation and or activities which contain dangerous and or
toxic materials which due to their nature and or concentration and or
amount may, either directly or indirectly, contaminate or damage
the living environment and or may change the living environment,
health, survival of human being and other living creatures.

Article 101

Self-explanatory.
Article 102

Paragraph (1)

General terms of transportation as referred to in this provision comprise:

a. Right of service users to receive services in accordance


with service level agreed, obligations of service users to
pay transportation cost in accordance with the service level
desired

b Obligation of the transporter to transport goods of service user


who has letter of transportation of goods. Similarly the
obligation of the transporter to pay compensation pursuant to
the general terms already agreed to the service user
suffering
losses due to the transporter's negligence

ELUCIDATION OF LAW OF NO.23 YEAR 2007


c. If service user already has a letter of transportation of goods but
cancels his delivery of goods, in this case the provisions as set
forth in general terms of transportation shall apply.

Paragraph (2)

Self-explanatory.
Article 103

Self-explanatory.
Article 104

Self-
explanatory. Article 105

Self-explanatory.

Article 106

Paragraph (1)

Self-explanatory.
Paragraph (2)

Letter a

Train of similar type refers to the train that has the same
specification for the transportation of goods.

Letter b

Self-explanatory.

Article 107

Paragraph (1)

With regard to transportation of goods, the last responsibility of the


transporter is the handover of goods in the destination location as agreed

Paragraph (2)

Costs arising due to the delay or negligence of the recipient to take the
goods such as costs of storage, of security and of maintenance.
Article 108

Multimode transportation in this provision refers to the transportation of goods by using


at least 2(two) different modes of transportation, based on a contract of multimode
transportation by using Multimode Transportation Document (DAM) from a location from
which the goods are received by the transporter of multimode transportation to a
location specified for the receipt of goods aforesaid.

Article 109

Self-explanatory.
Article 110

Self-explanatory.
Article 111

Paragraph (1)

Self-explanatory.

Paragraph (2)

Self-explanatory.
Article 112

Self-explanatory
Article 113

Self-explanatory.
Article 114

Self-explanatory
Article 115

S el f-explanatory
Article 116

Self-explanatory
Article 117

Paragraph (1)
Self-
explanatory. Paragraph
(2)

Self-
explanatory. Paragraph
(3)

Self-explanatory.

Paragraph (4)

Death or injury of passenger not due to the train operation such as death or
injury in train due to sickness or crime.

Paragraph (5)

Self-explanatory.

Paragraph (6)

Self-explanatory.
Article 118

Self-explanatory
Article 119

Self-
explanatory. Article 120

Self-explanatory
Article 121

Paragraph (1)

Self-explanatory

Paragraph (2)

Location of storage provided by the transporter may be car, warehouse, and


open space. Costs of storage such as lease of car, costs of unloading,
removal, stacking and lease of warehouse.

Paragraph (3)
The time limit in this provision refers to the time mentioned in the general
terms of transportation.

Article 122

Self-explanatory.
Article 123

Self-explanatory.
Article 124

Paragraph (1)

Amount of insurance in this provision must be at least equal to the


compensation to be given to the service user suffering losses due to train
operation.

Paragraph (2)

Self-explanatory.
Article 125

Paragraph (1)

Self-explanatory.
Paragraph (2)

Basic protection insurance refers to the insurance as governed in the


applicable law which governs general passenger accident insurance.

Article 126

Self-explanatory.
Article 127

Paragraph (1)

Research on causes of accident in this provision is not associated with


the investigation (law enforcement), rather than solely to find the causes
of accident for improving the technology and to prevent the repeat of
similar accident in the future
If there is any element of crime in the accident aforesaid, then the check shall also
be carried out by investigator in the framework of law enforcement.

Paragraph (2)

Self-explanatory.
Paragraph (3)

Self-explanatory.
Article 128

Self-
explanatory. Article 129

Manpower provisions refers to the work safety and health provisions, and other
manpower-related provisions.

Article 130

Paragraph (1)

Investigation of violation against railway law requires expertise in railway


hence special officers are required the investigation in addition to the
officers usually in charge of crime investigation. These officers are Civil
Servant officers in the environment of Department supervising the railway.

Paragraph (2)

Self-explanatory.
Paragraph (3)

Investigation shall be carried out in accordance with the provision of the


applicable law and regulation such as Article 7 paragraph (2) and Article
107 of the Law Number 8 Year 1981 on Criminal Proceeding.

Article 131

Self-explanatory.
Article 132

Self-explanatory.
Article 146

Self-
explanatory. Article 147

Self-
explanatory. Article 148

Self-explanatory.

Article 149

Self-explanatory.

Article 150

Self-explanatory.

Article 151

The enactment of this Law 1 (one) year as of the date of its enactment is aimed
at giving the opportunity to the Government apparatus and railway operators to
adapt themselves to the provisions set forth in this law and provide information
to the community to be aware of this law.

SUPPLEMENT TO THE STATE OF THE REPUBUC OF INDONESIA NUMBER 4722