Compilation of Law and Regulation of the Republic of Indonesia

"

3N 979-8250-17-6 I MINISTRY Of CULTURE MID il'01:1RISM

2003

DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non-

commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

PREFACE

This compilation of the Law of the Republic ofIndonesia Number 5 or the year 1992 concerning Items ofCultural Property (Undang-undang Republik IndonesiaNomor 5 Tahun 1992 tentang Benda Gagar Budaya) andGovernment Regulation of the Republic of IndonesiaNumber 10 of the year 1993 concerning Implementationof Law Number 5 of the year 1992 concerning Items ofCultural Property (Peraturan Pemerintah Repbulik IndonesiaNomor 10 Tahun 1993 tentang Pelaksanaan Undangundang Republik Indonesia Nomor 5 Tahun 1992 tentangBenda Cagar Budaya).

This reprinted version from the first edition issued bythe Directorate for Protection and Development of Historicaland Archaeological Heritage, Directorate General forCulture, Ministry of Education and Culture in 1999. In thisversion, no changing has been made in the content asoriginated in the first publication. In this occasion, ourspecial thanks are due to Prof Mardjono Reksodiputro,S.H., MA, Counsellor at Law for his assistance in correctingthis translation.

Efforts have been made this translation to be asperfect as possible to enable Engiish to understand thecontent of it. However, if any doubt exists regarding



the interpretation of the Law and the GovernmentRegulation, reference should be made to the original textin Indonesian as the final interpretation.

Jakarta, 2003Deputy for History and Archaeology

Hari Untoro Dradjat, MANiP 131253365

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CONTENTS

PREFACE

CONTENTS

LAW OF THE REPUBLIC OF INDONESIANUMBER 5 OF THE YEAR 1992 CONCERNINGITEMS OF CULTURAL PROPERTY .

Chapter I : General Provisions .Chapter 11 : Purpose and Score .Chapter III : Control, Ownership,

Recovery, and Searchingfor Cultural Items ..

Chapter IV : Care and Protection .Chapter V : Management .Chapter VI : Utilization .Chapter VII : Supervision ..Chapter VIII: Stipulation of Penalties ..Chapter IX : Translilional Provisions .Chapter X : Closing Provisions .

ELUCIDATION ON THE LAW OFTHE REPUBLIC OF INDONESIA NUMBER 5OF THE YEAR 1992 CONCERNING ITEMSOF CULTURAL PROPERTY .

General .Article by Artide Elucidation ..

III

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134

511141517171920

232325



Chapter IIIChapter IVChapter VChapter VI

GOVERNMENT REGULATION OFTHE REPUBLIC OF INDONESIA NUMBER 10OF THE YEAR 1993 CONCERNINGIMPLEMENTATION OF LAW NUMBER 5OF THE YEAR 1992 CONCERNING ITEMSOF CULTURAL PROPERTY

Chapter I : General Provisions.....Chapter 11 : Control, Ownership,

Registration, and Transfer .: Discovery and Search ..: Care and Protection .: Utilization: Development and

Supervision ..Chapter VII : Other Provisions .Chapter VIII: Provisions of Penalties .Chapter tX : Transitional Provision .Chapter X : Closing Provision .

ELUCIDATION ON THE GOVERNMENTREGULATION OF THE REPUBLIC OFINDONESIA NUMBER 10 OF THE YEAR1993 CONCERNING IMPLEMENTATIONOF INDONESIAN LAW NUMBER 5 OFTH E YEAR 1992. .. .

General ..Articte by Article Elucidation .

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3738

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~ELUCIDATION ON

THE LAW OF THE REPUBLIC OF INDONESIANUMBER 5 OF THE YEAR 1992

CONCERNING

ITEMS OF CULTURAL PROPERTY



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PrKidentolthe Republic or Indonl'lsill

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WITH THE BLESSINGS OF GOD ALMIGHTY

THE PRESIDENT OF THE REPUBLIC OF INDONESIA,

LAW OF THE REPUBLIC OF INDONESIANUMBER 5 OF THE YEAR 1992

CONCERNING


Considering: a. that items of cultural property areimportant resources of the nationalculture related to the understandingand promotion of history, science,and culture, require protection,preservation and conservation forthe fulfilling of an understanding 'ofnational identity and the nationalinterest;

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,l"n' e \.l;fHH 'l'!I;:]Y3HT'tllD !!~Bml\lJl'1 Cl"lh.'l'~for 11 to'-'~! p,t i"' rL'I:j - (;(1

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b. that to preserve the items of culturalproperty it is necessary to havemeasures to state the admlnistra·

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Given:

tion, ownership, discovery, seeking,conservation, care and maintenancemanagement, utility, and supervision of items of cultural property;

c. that (he regulations governing itemsof cultural property as sel out in lhe"Monumenten Ordonnanlie" Number19, of the year 1931 (State Gazetteof 1931 Number 238) as amendedin accordance with the "Monumenten Ordonnanlie" Number 21 of theyear 1934 (State Gazelle of 1934Number 515), are at the presenttime no longer appropriate with themeans of protecting and safeguarding of Items of culturalproperty; and it Is therefore considered necessary to draw up regulations concerning Items of culturalproperty by means of legislation;

1. Article 5 paragraph (1), article 20paragraph (1), and Article 32 of the1945 Conslilutlon;

2. Law Number 4 of the year 1982conceming the Basic Provisions on

2

ment (State Gazelle of 1982Number 12, Supplement to theState Gazelle Number 2315);

3. Law Number 9 of the year 1990conceming Tourism (State Gazetteof 1990 Number 8, Supplement tothe State Gazette Number 3427);

With the Approval of

THE PEOPLE'S REPRESENTATIVECOUNCIL OF THE REPUBLIC OF INDONESIA

HAS DECIDED

TO ENACT: THE LAW CONCERNING ITEMSOF CULTURAL PROPERTY

CHAPTER IGENERAL PROVISIONS

Article 1

That which is meant in this law by:1. Items of Cultural Property are:

a. Artifacts made by man, movable or immovable, individually or in groups. or parts thereof

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or remains thereof, which are at least 50(fifty) years of age, or represent a specificstylistic period of at least 50 (fifty) years ofage, and are considered to possess value ofImportance to history, science, end culture;

b, natural objects which are considered topossess Important value for history, science,and culture,

CHAPTER IIICONTROL, OWNERSHIP, RECOVERY

AND SEARCHING FORCULTURAL ITEMS

Part OneControl and Ownership

2, A site is a location which contains or is presumedto contain items of cultural property together withthe surroundings ~hlch require safeguarding. (1)

Article 4

All items of cultural property are controlled bythe State.

CHAPTER 11PURPOSE AND SCOPE

Article 2

The purpose of the protection of items of culturalproperty and sites is to conserve and utilize them forthe advancement of the national culture of Indonesia.

Article 3

The .scope of this law covers items of culturalproperty, items which are presumed to be items ofcultural property, valuable items of which the owner isunknown, and sites.

4

(2) The authority to control items of CUlturalproperty as meant in paragraph (1) includesItems of cultural property found within theboundar1es of the legal territory of the Republicof Indonesia.

(3) The retum of items of cultural property whichare outside the legal boundaries of theRepUblic of Indonesia at the time this lawcomes into effect, and within the framework ofauthorization by the State, shall be undertakenby the Govemment in accordance withInternational conventions.

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(1)

(2)

(1)

(2)

Article 5

Within the framework of control as meant InArticle 4, all Items of cultural property whichowing to their value, characteristics, quantity,and type as well as their historical, scientific,and cultural importance need to be preservedare declared as State property,

Provisions concerning the determination ofitems of cultural property as meant inparagraph (1) are stipulated by Govemmentregulations.

Article 6

Certain items of culturat property can be ownedof controlled by any person by taking intoconsideration their social functions andproviding that It Is not In contradiction with theprovisions of this law.

Items of cultural property as meant Inparagraph. (1) are items of cultural property:a. which are owned or inherited by descent or

are heirlooms;b. of which there are sufficient numbers of

any given type and a representativenumber are already owned by the State.

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(3)

(4)

(1 )

(2)

(3)

In the event the persons meant In paragraph(1) are Indonesia citizens, they may own ortake possession of the Items of culturalproperty as meant In paragraph (2) a and b.

In the event the persons meant in paragraph(1) are aliens, they may own or take possessionof Items of cultural property as meant Inparagraph (2) b only.

Article 7

Transfer of ownership of specific items ofcultural property comprising of heirloomsowned by Indonesian citizens can only beconducted to the State.

Transfer of ownership of Items of culturalproperty as meant In paragraph (1) shall beconducted with appropriate compensation.

Provisions regarding the arrangements andmanner In which compens~tlon shall be givenas meant in paragraph (1) and paragraph (2)shall be stipulated by Government regulations.

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Article 8

(1) Each ownership, transfer of ownership's right,and removal of items of cultural property asmeant in Article 6 and Article 7 must beregistered.

(2) Provisions regarding the rt!gistration as meantin paragraph (1) shall be stipulated byGovernment regulations.

Article 9

Whosoever as defined in Article 6, whose items ofcultural property are lost and/or damaged is obliged tonotify the Govemment within a time limit of 14(fourteen) days from the time such a loss or damageoccured.

Part TwoDiscovery

Article 10

(1) Whosoever discovers or has knowledge of thediscovery of Items of cultural property of Itemswhich are presumed as cultural property, orvaluable items of which the owner is unknown,

8

is obliged to report the aforesaid discovery tothe Government within the time limit of 14(fourteen) days from the time of the discoveryor knowledge of such discovery.

(2) On the basis of the above mentioned report, averification relating to the item as intended Inparagraph (1) must be carried out immediately.

(3) From the moment that the above mentionedreport is received and dUring the period ofresearch, the discovered Item Is subject toprotection as an item of cultural property.

(4) On the basis of the result of the abovementioned research as meant In paragraph (2),the Govemment shall determine whether theabove mentioned item Is or Is not an item ofcultural property, and shall decree;a. state ownership of the item together with

appropriate compensation for the discovereror discoverers;

b. partial ownership of the items of culturalproperty by the discoverer or discoverers inaccordance with Article 6 paragraph (2) b;

c. return to the discoverer or discoverers, If itis proven that the above mentioned Item isnot an item of cultural property orvaluable property of which the owner Isunknown;

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(5)

d. ownership, authorization, and utilization inaccordance with all applicable laws andregulations. If It is proven that the abovementioned Item is valuable property ofwhich the owner is unknown.

Provisions as meant in paragraph (1).paragraph (2), paragraph (3), and paragraph (4)shall be stipulated by Government regulations,

(2) Provisions regarding the search for items ofcullural property or valuable Items of which theowner is unknown Including the conditions andmanner of permission to be given as meant inparagraph (1) shall be sllpulated by Govemment regulallons.

CHAPTER IVCARE AND PROTECTION

1

Article 11

The Government shall decree that the location of thediscovery of an item of cultural property or an itemwhich is presumed to be cultural property as meant inArticle 10 paragraph (1) as a site and shall decide theboundaries thereof.

Part ThreeSearch

Article 12

(1 )

(2)

Article 13

Whosoever owns or has control over Items ofcultural property Is obliged to take care andprotect It.

The care and protection of items of culturalproperty as meant In paragraph (1) shall beundertaken with due regard to the safety.historic value, and authenticity of the aforesaidproperty.

(1 )

"

Whosoever is prohibited to search for items ofcultural property or valuable items of which theowner Is unknown by means of excavation,diving, removal or any other means ofsearching. without obtaining permission of theGovemment.

10

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(1 )

Article 14

In the event a person or persons owning orhaving control over any specified Items ofCUltural property as meant In Article 6 does notundertake his or her obligallons to take care of

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(2)

(3)

and protect that cultural property as meantunder Article 13, the Government will give awarning.

If, within a period of 90 (ninety) days from thedate the warning is issued as meant inparagraph (1) remedial steps for protection ofthe aforementioned items of cultural propertyhave not been undertaken by the owner orperson or persons having control over the itemsof cultural property, then the Government maytake over the right to protect those aforementioned Items of cultural property.

Actions regarding the provisions as meant inparagraph (2) shall be stipulated by Government regulations.

(3)

b. transporting items of cultural property fromone region to another;

c. taking away or removing items of culturalproperty either in part or whole, except incase of emergency;

d. altering the form and/or the colour orrestoring items of cultural property;

e. separating a part of any Item of culturalproperty from the whole;

f. gelling involved in any dealing or buyingor selling Items of cultural property.

The execution of the provision and the grantingof permission as meant in paragraph (2) shallbe stipulated by Government regulations.

Article 16

(1)

(2)

Article 15

Whosoever Is prohibited from causing damageto items of cultural property and sites as well astheir immediate surroundings.Without permission from the Government, eachand every person is prohibited from:a. transporting Items of cultural property out

of the territory of the RepUblic ofIndonesia;

12

The Government·may seize or otherwise order theretum to their original place of any items of culturalproperty which have been taken or otherwiseremoved without permission as meant in Article 15paragraph (2) at the expense of the person or personstaking away or transferring them.

Article 17

(1) . Every activity relating to establishing a locationas a site shall be done concurrently with com-

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pensalion for the landowner concemed.

(2) The Implementation of payment of compensation as meant In paragraph (1) Is carried out Inaccordance with provisions In currentlegislation.

CHAPTER VMANAGE~ENT

Article 18

(1) Management of Items of cultural property and.sltes shall be the responsibility of theGovemment.

(2) The pUblic, In group or Individually, Is involvedIn the management of Items of cultural propertyand sites.

(3) Provisions regarding the method of. man,gement of Items of cultural property and

sltes shall be stipulated by Govemmentregulations.

14

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CHAPTER VIUTILIZATION

Article 19

(1) Certain items of cultural property can beutilized for religious, social, touristlc, educational, scientific, and cultural purposes.

(2) Utilization as meant in paragraph (1) can not beundertaken In a manner which is:a. contrary to the means of preservation of

Items of cultural property as meant InArticle 15 paragraph (2);

b. simply and solely for the pursuit of profiteither Individually and/or In groups.

(3) Provisions regarding items of cultural propertywhich can be utilized for purposes such asthose meant in paragraph (1) and the methodof Its utilization shall be stipulated byGovernment regulations.

Article 20

The Government may terminate any activity relating10 the utilization of Items of cultural property if theImplementation of that utilization is carried out In amanner such as meant In Article 19 paragraph (2).

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Article 21

Items of cultural property which at the time of theirdiscovery are no longer used in the manner for whichthey were intended in their original function. areforbidden to be refunctioned again.

Article 22

(1) Items of cultural property, or certain culturalproperty either movable or Immovable, ownedby the State or Individually, may be placed inand/or treated In a museum,

(2) Maintenance of Items of cultural property whichare either placed In or preserved in a museum85 meant in paragraph (1) shall be stipulated byGovemment regulations,

Article 23

(1) Utilization of Items of cultural property bymeans of dupllcetlon requires permission fromthe Govemment.

(2) Provisions for the Issuance of permits as meantIn paragraph (1) shall be sllpulated byGovemment regulations,

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CHAPTER VIISUPERVISION

Article 24

(1) The Govemment shall undertake supervision ofItems of cultural property and all sites whichhave been determined as such,

(2) Provisions regarding the supervision as meantIn paragraph (1) Is to be undertaken and shallbe stipUlated by Govemment regulations.

Article 25

Based upon the characteristics of items of culturalproperty, there are to be Civil Servant Investigators(PPNS) who have authority and work In accordancewith current legislation.

CHAPTER VIIISTIPULATION OF PENALTIES

Article 26

Whosoever intentionally damages or destroys Itemsof cultural property and sites together with theimmediate surroundings In which such property Islocated or brings, moves, takes away, or changes the .

17

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shape, form and/or colour, restores, or dismantlespart of items of cultural property or valuable itemswithout the permission from the Government asmeant in Article 15 paragraph (1) and paragraph (2)shall be sentenced to a maximum of 10 (ten) years Inprison and/or a maximum fine of Rp 100.000.000(one hundred million rupiahs).

Article 27

Whosoever Intentionally searches for items of culturalproperty or valuable goods of which the owner isunknown by means of excavation, diving, taking awayor any other means without the permission of theGovernment as meant in Article 12 paragraph (1)shall be sentenced to a maximum of 5 (five) years inprison and/or a maximum fine of Rp 50.000.000 (fiftymillion rupiahs).

Article 28

Whosoever intentionally:a. fails to fulfil their obligation to register their I

ownership, transfer of ownership's right andremoval of location as meant in Article 8paragraph (1);

b. fails to fulfil their obligation to report the loss ordamage to items of cultural property as meant inArticle 9;

c. falls to fulfil their obligation to report thediscovery or knowledge of the discovery of Itemsof cultural property or objects which arepresumed as cultural property or valuableobjects of which the owner is unknown as meantIn Article 10 paragraph (1);

d. reuses any items of cultural property of which theoriginal function has been abandoned as meantIn Article 21 ;

e. utilizes any Items of CUltural property by meansof duplication without permission from theGovemment as meant In Article 23;

for each and every offense shall be sentenced to amaximum of 1 (one) year In prison and/or a maximumfine of Rp 10.000.000 (ten million ruplahs).

Article 29

Actions such as those meant in Article 26 and Article27 are felonies and actions as meant in Article 28constltute misdemeanours.

CHAPTER IXTRANSITIONAL PROVISIONS

Article 30

(1) Whosoever at the time that this law comes Intoeffect has not yet registered certain Items of

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cultural property which Is owned or under his orher control in accordance with the provisions ofthis law, is obliged to register them with theGovemment within a maximum period of 2 (two)years commencing from the lime this law comeInto force.

(2) At the time this law comes Into force allregulations for the enforcement of the"Monumenten Ordonnanlie" Number 19 of theyear 1931 (State Gazette of 1931 Number 238),as amended by the "Monumenten Ordonnantle"number 21 of the year 1934 (State Gazette of ,1934 number 515), are declared stili valid Iprovided that they are not in contradiction withthis law or not yet replaced by provisions of new,"regulations to implement this law or not yet ;"replaced by provisions of new regulations to I

implement this law.

CHAPTER XCLOSING PROVISIONS

Article 31

At the time this law comes into effect the"Monumenten Ordonnantle" Number 19 of the year1931 (State Gazette of 1931 Number 238), asamended by "Monumenten Ordonnantle" Number 21

20

of the year 1934 (State Gazette of 1934 Number515), is declared null and void.

Article 32

This law shall take effect on the date It Is promulgaled.In order that every person may be informed thereof, itIs ordered that this Law is promulgated in the StateGazette of the Republic of Indonesia.

Ralified In Jakartaon the 21" day of March 1992

PRESIDENT OF THE REPUBLIC OF INDONESIA

Signed

Soeharlo

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Promulgated in Jakartaon the 21" day of March 1992

MINISTER/SECRETARY OF STATE OFTHE REPUBLIC OF INDONESIA

Signed

Moerdiono

STATE GAZETTE OF THE REPUBLIC OFINDONESIA 1992 NUMBER 27

Copied in accordance with the original

CABINET SECRETARIAT OF THE REPUBLICOF INDONESIAHead of the Bureau of Legal Affairs andLegislation

Signed

Bambang Kesowo, S.H" LL. M.

22

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wlAW OF 'THE REPUBLIc O'F INOONESiA

NuMBER 5 OF THE YEAR 19~i

CONCERNING

ITEMS O'F CULTURAL PROPERTY

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ELUCIDATION ONTHE LAW OF THE REPUBLIC OF INDONESIA

NUMBER 5 OF THE YEAR 1992CONCERNING


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The 1945 Constitution, Seclion 32 stresses that"The. Government develops the National Culture ofIndonesia" and the accompanying clarificationamongst other matters states that "Cuitural activitiesmust be directed towards the progress of civilisation,culture, and unification without rejecting newelements from foreign cuitures which may develop orenrich our own culture and heighten the degree ofhumanity of the indonesian".

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The decree of the People's ConsultativeAssembly Number IIIMPRI1988 regarding the BroadOutlines of State Policy states that "...the Indonesianculture which reflects the gloriousness of nationalvalues must be taken care of cultivated, anddeveloped in order to strengthen the comprehensionand implementation of Pancasila, to raise the qualityof life, strengthen the national character, reinforcefeelings of personal worth and national pride, fortify

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the spirit of national unity and integrity, and be able tobecome the activator of the realisation of nationalaspirations for the future'.

Based on this mandate, the Government istherefore obliged to take all necessary steps to ensurethe development of the national culture.

IItems of cultural property have great significance

to the national culture, In particular to foster a feelingof national pride and to fortify consciousness ofnational Identity. Therefore, the Govemment isobliged, based on the current legislation, to protectItems of cultural property as the inheritance of theIndonesian national culture. Not all of the historicobjects have meaning as items of cultural property.So far as historic remains represent items of culturalproperty then for the sake of preservation of thenational culture, Items of cultural property must beprotected and preserved; and to this end, items ofcultural property need to be controlled by the State asa national possession.

For the most part, items of cultural property of anation are the results of past creativity which couldbecome a source of pride for the nation in question.Therefore, the preservation of items of culturalproperty of Indonesia constitute an effort to fortifynational pride and strengthen the awareness ofIdentity as a nation based upon Pancasila. The

24

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consciousness of national identity of any nation isgreatly influenced by the knowledge of Its past so thatthe existence of that nation at present, its projectionInto the future and its individual characteristic as anation, stand upon a foundation of its own philosophyand culture.

Efforts'to preserve items of cultural property areundertaken, not only to strengthen feelings of nationalpride and strengthen the spirit of awareness of thenation based upon Pancaslla, but also for the sake ofhistory, science, and culture as well as otherutilisation within the framework of national Interest.

Considering the above mentioned matters, 1\ IS

necessa'ry to utilize measures of authority, ownership,discovery, search, protection, safeguarding, management, implementation and supervision on the basis oflegal regulations. As the current legislation Is nolonger in accordance with the above spirits, this Lawconcerning Items of Cultural Property has thereforebeen drawn up.

ARTICLE BY ARTICLE ELUCIDATION

Article 1Sufficiently clear


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1- -,

Article 3Confinnatlon regarding the scope of this law Isrequired In order that the provisions of this lawmay also cover valuable items of which theowner is unknown. As the characteristics andreality of valuable Items, of which the owner Isunknown are close to those of Items of culturalproperty. valuable items of which the owner Isunknown are Included in the regulations of thislaw.

The above mentioned preservation isdirected to matters of public Interest; that Is,:he regulation of items of cultural propertyshall be able to support national development In the fields of science, education.tourism, etc.

Paragraph (2)Sufficiently clear

Paragraph (3)Efforts by the Government to recover Itemsof cultural property withll1 the framework ofauthorization by the State are to beimplemented by the Minister responsible. forculture.


Article 5Paragraph (1)

Sufficiently clear


What Is meant by a person Is either anIndividual. or a legal body/foundation!society/group and the similar body. Even Ifitem of cultural property are essentially

Thus:a. Circumstances especially In connection with

the search. discovery, and removal ofvaluable Items of which the owner Isunknown and which may be proved to beitems of cultural property are fully subjectedto this law;

b. In the event that valuable Items of which theowner Is unknown are not items of culturalproperty, they are, subjected. to ,·anyregulations that are valid.

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Controlled by the State means that at thehighest level the State has the' right toregulate all legal actions 'relating to thepreservation of Items of cultural property.

2627

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under the control of the State, eachIndividual may own and have possession ofspecific items of cultural property in themeaning of implementing management,taking care of, or similar measures with dueregard to their social function and itsutilisation for educalion and knowledge aswell as their preservation.

Peragraph (2)Sufficiently clear



ArtIcle 7Paragraph (1)

Sufficiently clear

Paragraph (2)Compensalion may be in the form of moneyor thing/goods given In lieu of money whichIs usaful for the owner. This provision is notvalid If the transfer is conducted as a grant.


28


Sufficiently clear

Paragraph (2)SUfficiently clear

Article 9The notification meant in this article shall besubmitted to the institution responsible for theprotection and supervision of Items of culturalproperty, The Nalional Police of the Republic ofIndonesia, or the nearest Local Govemment.


Sufficiently clear (see clarificalion of Article9)

Paragraph (2)Research must be undertaken by an agencyor institution as directed by the Ministerresponsible for cullure.

Paragraph (3)Sufficlenliy clear


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A warning as meant in this paragraph maybe eanied out In writing or verbally with awritten note made In the appropriate visitorsbook.


30



What Is meant by surroundings is the areaaround or encircling the items of culturalproperty and the site. which is needed forprotection, preservation, and utilisation.

Paragraph (2)Point a

Sufficiently clear

Point bWhat is meant by area In point a is thedistrict, or municipality, second leveladministration area within the Region ofthe Unitary State of the Republic ofIndonesia.

Point cWhat Is meant by an emergencysituation in this point is any situation orcondition which threatens the item ofcultural property such as fire, naturaldisaster or other incident which mayarise.

31

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Articla 20Sufficiently clear



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Article 28SUfficiently clear

Amcle 29Sufficiently clear


Sufficiently clear

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SUPPLEMENT TO THE STATE GAZETTE OF THEREPUBLIC OF INDONESIA NUMBER 3470

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IMPLEMENTATION OF LAW " •NUMBER 5 OF T\"lE,yEJ..R.:I:~,9:2;~p'~gE~~i~~,~~

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PllIIidel\ldthe Republic d Indonesi;w

GOVERNMENT REGULATIONOF THE REPUBLIC OF INDONESIA

NUMBER 10 OF THE YEAR 1993

CONCERNING

IMPLEMENTATION OF LAWNUMBER 5 OF THE YEAR 1992 CONCERNING


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THE PRESIDENT OF THE REPUBLIC OF INDONESIA

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"....u ;.ihConsidering : Thai for Ihe implementation of

Article 5, Article 7, Article 8, Article10, Article 12, Article 14, Article 15,Article 18, Article 19, Article 22,Article 23, and Article 24 of Lawnumber 5 of the year 1992 concerning Items of Cultural Property, ij isnecessary to regulate further aboutcontrol, ownership, registration,transfer, discovery, searching,preseNalion, protection, utilization,supervision, and other important

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aspects of preservation of items ofcultural property with a Government 1.Regulation;

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Remembering : 1. Article 5 paragraph (2) of the1945 Constitution;

2. Law number 5 of the year 1992concerning Items of CulturalProperty (State Gazette of theRepUblic of Indonesia 1992number 27, Addition of StateGazelle number 3470);

Has Decided

Items of cultural property are:a. Artifacts made by man, movable or immovable,

Individually, or in groups, or parts thereof orremains thereof, which are at least 50 (fifty)years of age, or present a specific stylisticperiod of at least 50 (fifty) years of age, and areconsidered to possess value of importance tohistory, science, and culture.

b. Natural objects which are considered topossess important value for history, science,and culture.

2. A site is a location which contains or is presumedto contain items of cultural property together withthe surroundings which require safeguarding. .

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:4. Minister is the minister who is responsible forcultural affairs.

To enact : Government Regulation of the 13.RepUblic of Indonesia concerningthe Implementation of LawNumber 5 of the year 1992concerning Items of CulturalProperty.

CHAPTER IGENERAL PROVISION

Article 1

Valuable items of which the owner is unknown Isnon·natural Items which have economical/highIntrinsic value which are hidden or buriedunderground and at the bollom of the territorial seaof the Republic of· Indonesia.

CHAPTER 11CONTROL, OWNERSHIP, REGISTRATION,

AND TRANSFERThat which Is meant In this regUlation by:

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Article 2

(1) For protection and/or preservation of ~ems ofcultural property, items which are presumed ascultural property, or valuable items of which the (2)owner Is unknown, both movable or ImmovableItems, and s~es which are in the territory of theRepublic of Indonesia are controlled by the state.

(2) Control as meant in paragraph (1) consist ofregulation with respect to ownership, registration.t(3)transfer, protection, preservation, discovery,searching, utilization, management, permission,and supervision.

will be based on Law Number 5 of the year 1992on the Items of Cultural Property declared to beproperty of the state.

Items of cultural property which are owned by thestate, its management of Items is conducted bythe minister based on this GovernmentRegulation and/or other Regulations which are inforce.

The management as meant in paragraph (2)covers care, protection, permission, utilization,supervision, and other matters related to thepreservation of items of cultural property.

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(3) Regulation as meant In paragraph (2) Isl(4)Implemented In accordance with the provisions ofthe existing Government Regulation and/or otheriRegulations.

Decision of items of cultural property as meant inparagraph (1) a, b, and c are further regulated bythe Minister.

Article 4Article 3

The certain items of cultural property as meant inparagraph (1) are items of cultural property:a. which are obtained from descent or ,heir

looms; or

,(1) Every person is eligible to possess or controlcertain Items of cultural property with dueattention to their social functions.

(1) Items of Cultural Property which beceuse:a. they have Important value for history, science,

and Indonesian culture;b. they have characteristics which gives!(2)

particular motives and uniqueness;c. they are In quant~y and type IIm~ed and rare;

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(2) Registration of Items of cultural property is doneby the govemment agency responsible forregistration of items of cuilural property In thesecond level administrative area where thoseItems are located.

Article 7

(1) The owner who has met the requirements asmeant in Article 6, is given a registration receipt.

(2) The registration receipt as meant In paragraph (1)Is not valid If the Items:a. have Its ownership transferred; or

Registration as meant in paragraph (2) isdelivered by a written lelter completed with dataabout:a. the identity of the owner;b. a biography of the ownership of the Items of

cultural property;c. types, numberS, shape, and measure of the

items of cullural property.

(4) Registration of immovable items of cuiluralproperty, apart from obeying the provision asmeant in paragraph (3), shall be completed with amap where the items of cultural property arelocated.

Article 6

Article 6

b. of which there are sufficlent numbers of anygiven type and a representalive number arealready owned by the state.

(1) Whosoever owns Items of cuilural propeny Isobliged to register those Items.

(1) Aliens can only possess certain movable items ofcultural property if there Is a sufficlent number ofany given type and a representalive number isalready owned by the state.

(2) Possession of Items of cUltural property as meanlIn paragraph (1) shall be camed out Inaccordance with the existing provision regulating'ownership, registralion system of items of culturalproperty, and permission.

(3) Further provisions regarding ownership by aliensof certain movable items of cuilural property are'regulated by Minister.

(3) Type and number of certain Items of culturalproperty as meant In paragraph (2) which can bepos~essed by a person are decided by thet (3)Mlmster.

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b. are moved to another seCOnd leveladmlnlstralion area (dlslrict).

(3) Further provisions regarding registration of Hemsof cultural property are regulated by Minister.

Article 8

(1) Certain items of cultural property as meant InArticle 4 paragraph (2) letter a which are Ownedby descent or heil1ooms, Its ownership or itspossessIon cen only be transferred to thelegltlmale heir or its ownership transferred to theState.

(2) Transfer of ownership of certain items of culturalproperty to the stale is Submitted by the owner tothe Minister Complete with the data of Hems ofcUltural property Ihat will be transferred.

(3) In Ihe event the transfer of ownership of specificitems of cultural property to the stale as meant inparagraph (2) is delivered by the heir apparenl toIhe Minister It should include the data of theeullural property which will be transferred and anagreement among the heirs.

(4) Transfer of ownership or certain items of culluralproperty as meant in paragraph (2) and

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paragraph (3) except as a donation, is given anappropriate compensation to the owner.

(5) Form and quantity of the appropriate compensation as meant In paragraph (4) Is regulated bythe Minister with the approval of the Minister ofFinance.

(6) Transfer of the ownership or control of certainitems of cultural property as meant In Article 4paragraph (2) letter b cen be done to otherpersons with the following conditions;a. It shall be reported to the agency where the

Items of cultural property are registered.b. It shall be registered at the agency that Is

responsible for registration of items of culturalproperty In the second level administrationarea where the items of cultural property areloceted, If the Items of cultural property aretransferred to another second level administration area (district).

Article 9

In the event other persons as meant in Article 8paragraph (6) are aliens, transfer of items of culturalproperty cen only be done If the aliens have beenliving In Indonesia for 2 (two) consecutive years andhave a valid stay permit.

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Article 10

Further provisions regarding the requirement andprocedure of transferring ownership of certain items ofcultural property as meant In Article 8 and Articie 9shall be stipulated by the Minister.

Articla 11

(1) Whosoever owns or controls Items of culturalproperty is obliged to notify the damage of itemsof Guttural property to the agency where the itemsof cuttural property are registered within a timeIimlt of 14 (fourteen) days from the time suchdamage has occured.

(2) If the damage as meant in paragraph (1) causethe destruction of the lIems of cultural property,these Items are deleted from the register.

(3) Provisions regarding the method of deletion ofitems of cultural property as meant in paragraph(2) are regulated by the Minister.

Article 12

(1) \'\lhosoever owns or control items of culturalproperty 15 obliged to notify the loss of items ofcuttural property to the Slate Police of theRepublic of Indonesia or nearest agency which is

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responsible for the protection of items of culturalproperty within a time limit of 14 (fourteen) daysfrom the time such a loss occured.

(2) Besides notifying the loss of items of culturalproperty to the agency as meant in paragraph(1), the owner or controller is also obliged tonotify to the agency where the items of cultural

property are registered.

(3) Based on the notificetion as meant in paragraph(2), the agency which Is responsible for theregistration ofliems of cultural property notes theloss of the items of cultural property In the

register.

(4) If within a period of 6 (siX) years the items ofcultural property could not be found, the items ofcultural property are deleted from the register.

(5) Further provisions regarding the procedure ofdeletion as meant In paragraph (4) are regulated

by the Minister.

CHAPTER IIIDISCOVERY AND SEARCH

Article 13

(1) Whosoever discovers or has knowledge of dls

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covery of Items of cultural property or Items whichare presumed as cultural property, or valuableItems of which the owner is unknown, or a site, isobliged to report to the agency which isresponsible for the protection of Items of culturalproperty, the State Police of the Republic ofIndonesia, or the nearest local Government,within a lime limit of 14 (fourteen) days from thelim!! of such discovery.

(2) in the event the report of discovery as meant inparagraph (1) is submitted to the LocalGovernment or the State Police of the Republicof Indonesia, this report is immediately forwardedto the agency which is responsible for theprotection of items of cultural property or directlyto the Minister.

(3) From the moment that the above mentionedreport is received, the agencies as meant inparagraph (1) Immediately carried outsafeguarding of the items of cultural property orthe items Which are presumed as culturalproperty or valuable items Which the owner areunknown, or the site.

(4) to decide Whether the item is a cultural propertyor a site, a verification relating to the item shall becarried out.

(4) Verification as meant in paragraph (4) inclUdes

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kinds, material, form/shape, measurement, valueof history and culture which are done by a teamand/or experts which are formed by the Minister.

(6) Further provisions regarding verification ofdiscovered Items as meant in paragraph (4) arestipulated by the Minister.

Article 14

(1) During the research process, Items and/orlocation of discovery are protected In a samemanner as protection of Items of culturalproperty.

(2) Protection as meant In paragraph (1) Includessafeguarding, preservation, or malntenence, inorder to avoid damage, lost and the changing inform and shape, historical value, and/or Itsoriginality.

Article 16

(1) If the verification shows that the discovered ItemIs an Item of cultural property as meant In Article3 paragraph (1), the Item of cultural property shallbe owned by the State and to the discoverer ordiscoverers will be given a cornpensalion Inaccotdance with Article 8 paragraph (5).

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(2) In the event the discovered item as meant inparagraph (1) is a movable item of culturalproperty, the item can be kept and/or taken careof In a museum.

(3) If the result of the research shows that thediscovered Items are items of cultural property ofwhich there are sufficient numbers of any giventype, the Minister decide as items of culturalproperty, under the following conditions:a. All Items can be owned by the State by giving

a compensation to the discoverer ordiscoverers in accordance with the Provisionin Article 8 paragraph (5);

b. Part of the Items are owned by the State andthe other part can be owned by the discovereror discoverers without any compensation.

(4) Implementation of the provisions as meant inparagraph (1), paragraph (2), and paragraph (3)are stipulated by the Minister.

Article 16

(1) If the result of the research shows that thediscovered item is not an item of culturalproperty. all discovered ilems thereof areretumed to the discoverer or discoverers.

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(2) If the result of the research of items shows thatownership of the valuable items are unknown,then ownership, possession, management, andutilization are done in accordance with theexisting laws and regulations.

Article 17

(1) Without permission of the Minister every personor persons .are prohibited from. searching foritems of cultural property, items which arepresumed to be items of cultural property, orvaluable items of which the owner are unknown,either underground or underwater.

(2) Searching as meant In paragraph (1) includesexcavation, diving, lifting, or any other means ofsearching.

Article 18

(1) The permission to search for items of culturalproperty is given by the Minister to the petitioneronly for the sake of:a. scientific and technological research;b. safeguarding and/or preservation of items of

cultural property.

(2) The petitioner as meant in paragraph (1) is:

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j,;rlia;w'1I1gciVeii'iment 'dr '~nv'ate:'ageri'bYWHic"ti\:'te~l5',"'",W,j'WitH'scienlific actiVities; o~, le- q,rl?1''''WObn,; b,rn '-1jrfb~tldillion, ; non';g(jverri'rrienl"driiarii:t~lion,~{ll !1!hor otHer<:liislitlJlidh asIB'legal'botlyilii'fhil'field

of preservation'btitems bfCu/lUfM;ptb~e"rty;c, a foreign agency in the field of science which

meet the requirement of existing laws andregulations, ,; ~Il:lin"..

(3F:'m-e '(jjeifu issi6ri' re'q'/iest' fori 'se-arclii rigOIt~'ms 'cif)",,\ cfUliufiiliepropeny' is'k\:teliver!ld; to'l'lfielGMlriister~I!; ccili'"ipleteaflWith teiiftsl.of< refereh'ce for searBhing10 6roljltUfllllpro~ert/" CIf"'I: ",1 "j bUll1u;:;)1q("':C~lJ4nu B~£:; l~il·,·!:. "f~! d.:.J:f!"v IC\ ;~;r:~~f! ~jl.UjU!S"'"

(4) Further ptll1ilsions'u ,Qreg'arniii(jDilllsEia'tchingpermission of items of cultural property is

2:;:js/ipUI~tijd!i:jY'tIieMihister,lc'~"P "" pIl1rI T'8"C: 'S)]1"; ;.rJ5S01 l:J,iiO \:tl:" ~- --rditj~ .':r,;\'ir. ,"0iIRv'G:1Xi;

~,1(: irl:~ 1£:12

Article 19

An agency or institutiOI1,Las'imeant in Article 18paragraph (2) is obliged to report the activity and theresUltiofseafl:tiing fOf ilems"of'cullurilP'pibperty:\b ttle)Ministei7Q B{!i i.':; . ).. "~ ,'rll.l ~l! .I'I':I!": ?i \Jl~)\!u![)

-; J t, -;;.i~ :).!iJ "\;: Y!i!;,.,d:J1CB.:'0t! ~'" ~~:\!C!J·;·J!.;l t;(I\; :ill'Jf,";:li:!e .n

.': '''i~TJj; 10 ne,iH-i\r:!;"Article'20 \~I·lr~·':'-!J1l61s.:: .tt

./t'- ';Q')"lQ lt~·tl.t!~t!:'l

(1) Searching for items of culluraJ property orvaJiliaHter\t'ei!'is for tl\e-' pUi'j:\O'se "oml!~ 'man' 'thos~!

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meant In Article 16, can only be done based on apermission given by the Minister,

(2) Searching for items of cultural property as meantIn paragraph (1) can only be given to the agencywhich has a legal enlily status,

Article 21

If the result of searching for ~ems of cullural propertyand valuable Items as meant In Article 20 paragraph(1) is that they are ~ems of cultural property or ~emswhich are presumed as Items of cultural property, theaforesaid Items are protected In accordanca wllh thisGovemment Regulation,

CHAPTER IVCARE AND PROTECTION

ArtIcle 22

Whosoever owns or has control over Items of culturalproperty is obliged to take care and protect ~,

ArtIcle 23

(1) The care and protection of Items of culturelproperty Is undertaken by safeguardlng,maln-

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~ !"'lehlirf6e':i~n:Q~'~ '.'rr~tion: ;; i '.';:~;'/" ill ':.~ ..':!..·lg'~lqlk! . '::. '~(j I '!"':I~ ,,' .,1,.. .. :,~. :1.!I{

(~l"'w7Jf4W9~~~ij~h~~:~~Wl~'~Wmi~~~~rl~oi'~I~t~h~"115' eHJlfdnin'liIIi Is

l i'e ulaled' In fiiceo'rdilil I', with.~, .1..' ,9,. on l'o'.~'1 l,; " ~"lis necessity. '.. ,,,,,.. "" .....",.,., ',n,

(3) The site boundary, /Ind it~ l.lnvlronment as meantIn paragraph (2) Is -il~i:ided with a zoning system

.. ~,~hib~q~lJillJ!lb~;in~~:~~~1f?1j.7.ha Jis~£p'°Jfjr9'I:Rqb~~ ~ .:J~~1~, ... ,.jPit ' tJ~J~ II ~f; t;;'rlf-lll !,kl~SI,,;I(lV hnB

.: ' '.:110 \l.hs,~,j1,,! ::q;'!U;i" ";{,'!,;l '.1:::' \.·~~.d . _'~I ;;i (I). 'I flt,q,O',q Itn:":;iU...' AH~ 11"rJ24:~ I:!:: ITlIJ2~~:. i ~o", n;)irt ...·"Iq!"I-' 9~)f1fjt.1l0:;.:!{~ !:I :I!~.~" .q 0:0 ~rl /, ;.;.~~:1i01B

,.~: I":'" 1-:1;':' . .'., r <"1":'''' \!G 0(1) In the framework of preserVation or 'ltems of

cultural property, the Minister decides the site."I; r;~'-"~l~h~1

(2) Decldlng\\~~·~i~\lrll~~q,~,~~.I: I!h~~£agraph (1) Isundertaken with due regard to the existing lawsand regulations•.. ,. '_'''''"''

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(1) Protection as meant In Article 23 paragraph (1)for safeguarding 1I!lq,.tll~ifl9 care is done as aneffort to avoid: .

.11':, d!tm!!g~M'Ih)Chi ,i~;:<i!!.'!~~di"~¥ 9!t\~r~.J" j~ndl\lf.... " '.Q.Hmft.QJt~~~'lfs;.. ..~":.!.~.l ';.:":.::1: .~! V:"j";G:ll0 /

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b. transfer of ownership and control not to theeligible person/persons;

c. changing its authenticity and historical value.

(2) Further provisions regarding prolection or itemsof cultural property shall be regUlated by theMinister.

Article 26

(1) Care as meant in Article 23 paragraph (1) isundertaken by maintenance for prevention andovercoming of:a. damage and mould caused by nalural

processes and biological aspect;b. pollution.

(2) Effort of prevention and overcoming as meantinparagraph (1) Is done in a manner that does notcontradict the preservation principles.

(3) Further provisions regarding care shall beregulated by the Minister.

Article 27

(1) Restoration as meant in Article 23 paragraph (1)can only be done based on a written permissiongiven by the Minister.

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(2) Restoration as meant in paragraph (1) isundertaken by paying attention to authenticity offonn, material, workmanship, setting, and thehlstorical.value of items of cultural property.

(3) Further provisions regarding pennission,condition, and procedure of restoration as meantin paragraph (1) and paragraph (2) shall beregulated by the Minister.

Article 28

(1) Whosoever owns or has control over certainitems of cultural property who does not undertakehis or her obligations to take care of and protectsaid cultural property which might be causingdamage, lost or change in the historical value,science, and cultural value is given a waming.

(2) The warning as meant in paragraph (1) can bedone in writing by the Minister.

(3) Written warnings to the person/persons are givenin 3 (three) steps within the period of 90 (ninety)days.

(4) If, within the period of 90 (ninety) days from thedate of the third step warning, protection andmaintenance have- not been undertaken by theowner or owners, the Minister may lake over the

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right to protect those aforementioned items ofcultural property on the expenses of the owner orcontroller.

(5) If the owner or the controller of items of culturalproperty could not reimburse the cost which ispaid by the Govemment, the owner or thecontroller can:a. give the right for utilization and/or manage

ment either for a part or all items of culturalproperty as a compensation for care andprotection of items to the Government;

b. transfer ownership or control of items ofcultural property to the Government with acompensation in accordance with Article 8paragraph (5).

(6) Further prOVIsions regarding requirement andprocedure of waming and transferring ofutilization and management rights as meant inparagraph (1), paragraph (2), paragraph (4), andparagraph (5) are stipulated by the Minister.

Article 29

(1) For the sake of care and protection of Items ofcultural property, every person or persons Is/areprohibited to destroy items of cultural property, itssite, and its environment.

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(2) Including in the activities which can destroy Itemsof cultural property and Its site are:a. reducing. adding. changing, removing, and

polluting items of cultural property;b. reducing, polluting, and/or changing the

function of the site.

Article 30

(1) Whosoever can only transport Items of CUlturalproperty out of the territory of the Republic ofIndonesia based on a permission given by theMinister.

(2) Permission as meant in paragraph (1) can onlybe given for:a. research and development of science and

technology;b. social/culture Interest;c. other utilization which is regulated by the

Minister.

(3) Asking permission for transporting items ofcultural property out of the territory of theRepublic of Indonesia for certain interests asmeant in paragraph (2) shall be petitioned bycompleting the data of items of cultural property,terms of reference, and its safety system.

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(3) Further provisions regarding permiSSion asmeant in paragraph (1), paragraph (2), andparagraph (3) shall be regulated by the Minister.

Article 31

(1) Whosoever. owns certain iter:ns of culturalproperty as meant in Article 4 paragraph (2) whowill bring and transfer the items of culturalproperty out of the territory of the Republic ofIndonesia, is obliged to obtain permission fromthe Minister and Is undertaken In accordance withlaws and regulation which are In force.

2) In the event a person or persons as meant Inparagraph (1) is an alien, apart from fulfillingprovisi9n as meant in paragraph (1) he or sheshall also fulfil provisions as meant in Article 5.

Article 32

(1) Whosoever can only move certain items ofcultural property. without diminishing or reducingthe historical value and utilization function, from'one territory to another territory, based onpermission from the Minister.

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(2) The procedure of granling permission as meantIn paragraph (1) shall be regulated by theMinister.

Article 33

(1) Each agency which is Involved in safeguardingitems of cultural property, which is aware that thetransport or transferring of part or all items ofcultural property or items which are presumed ascultural property are without any permission asmeant in Article 30, Article 31, and Article 32 isobliged to detain those items.

(2) The agency which detain items of culturalproperty or Items which Is presumed as culturalproperty shall Immediately report to the agencywhich Is responsible for protection of items ofcultural property or directly to the Minister, forInvestigation.

(3) If the invesligation shows that those Items areitems I of cultural property and without legalpermission, without neglecting stipulation ofpenalties as meant In Article 26 Law Number 5 ofthe year 1992 conceming Items of CulturalProperty, the respective person is obliged toreturn the items to the former location on his/herown expense.

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(4) Further provisions concerning of detaining andreturning items of cultural property as meant inparagraph (1). paragraph (2). and paragraph (3)shall be regulated by the Minister.

Article 34

(1) Whosoever is without permission from the Ministerprohibited 10 :a. take or move part of or all items of cultural

property;b. changes the form, shape and/or of colour of

items of cultural property;c. separates parts of items of cultural property

from its unit.

(2) Prohibition as meant in paragraph (1) letter a andletter c is not valid, if those activities are done forsafeguarding in emergency condition.

(3) Further provisions regarding the procedure ofrequesting permission as meant in paragraph (1)shall be regulated by the Minister.

Article 35

(1) Whosoever deals, sells, or trades certain items ofcuitural property as meant in Article 4 paragraph(2) letter b as a commercial activity is obliged to

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(2) The procedure of granting pennlsslon as meantIn paragraph (1) shall be regulated by theMinister.

Article 33

unn~ .\

(4) Further provisions concerning of detaining andreturning items of cultural property as meant inparagraph (1), paragraph (2). and paragraph (3)shall be regulated by the Minister.

(1) Each agency which Is Involved In safeguardingItems of cutlural property, which Is aware that thetransport or transferring of part or all items ofcultural property or items which are presumed ascultural property are without any pennlsslon asmeant in Article 3D, Article 31, and Article 32 Isobliged to detain those items.

(2) The agency which detain items of culturalproperty or Items which Is presumed as culturalproperty shall Immediately report to the agencywhich Is responsible for protection of items ofcultural property or directly to the Minister, forinvestigation.

(3) If the investigation shows that those Items areItems I of cutlural property and without legalpennlsslon, without neglecting stipulation ofpenalties as meant in Articte 26 Law Number 5 ofthe year 1992 concemlng Items of CulturalProperty, the respective person Is obliged toretum the items to the fonner location on his/herown expense.

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Article 34

(1) Whosoever is without pennission from the Ministerprohibited to :a. lake or move part of or all items of cultural

property;b. changes the fonn, shape and/or of colour of

items of cultural property;c. separates parts of items of cultural property

from its unit.

(2) Prohibition as meant in paragraph (1)lelter a andlelter c is not valid, if those activities are done forsafeguarding in emergency condition.

(3) Further provisions regarding the procedure ofrequesting permission as meant in paragraph (1)shall be regulated by the Minister.

Article 35

(1) Whosoever deals, sells, or trades certain items ofcultural property as meant in Article 4 paragraph(2) lelter b as a commercial activity is obliged to

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own a trading licence in accordance with theprovisions of laws in force.

(2) A trading licence as meant in paragraph (1) Isgiven after obtaining a recommendation from theMinister.

(3) Whosoever does the activity as meant inparagraph (1) Is obliged to report periodicallyspecific items of cultural property traded, to theagency responsible for registration of items ofcultural property.

CHAPTER VUTILIZATION

. Article 36

(1) Utilization of items 'of cultural property can be.undertaken based on a permission given by theMinister.

(2) Utilization as meant in paragraph (1) can only begiven for religious, social, tourism, educational,scientific, and/or cultural purposes.

(3) Utilization of items of cultural property forpurposes as meant in paragraph (2) is done withpaying allention to the social function andpreservation of items of cullural property.

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(4) To obtain utilization permission, respectiveperson or persons Is/are obliged to submit arequest to the Minister together with terms ofreference of the utilization of Items of culturalproperty.

(5) Based on the result of observation and appraisalof the terms of reference, the Minister can giveutilization permission of items of cultural property.

(6) If in implementing the utilization of items ofcultural property it is proved :a. to be not In accordance with the given

permission;b. contrary to the means of preservation of items

of cultural property;c. used in pursuit of profit for either individual

and/or groups;d. that because of its condition, the items of

cultural property is impossible to be utilizedany more;

the Minister can stop the utilization adivily of therespective items of cultural property.

(7) Stopping the utilization due to the prOVISion asmeant in paragraph (6) can cause the terminationof the permission.

(8) Further prOVISions regarding utilizationpermission of items of cultural property shall beregulated by the Minister.

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Article 37

(1) With respect to items of cultural property whichare still utilized for religious purposes, thecommunity can still utilized and take care of themin accordance with their function.

(2) Utilization and taking care as meant in paragraph(1) are undertaken with due regard to thepreservation of the items of cu/lural property.

Article 38

Items of cultural property which at the time of theirdiscovery are no longer used in the manner for whichthey were intended in their original function, areforbidden to be utilized in their original function.

Article 39

(1) Utilization of items of cu/lural property by meansof duplication can only be undertaken with theMinister permission.

(2) Request for permission is submitted to theMinister together with a written approval from theowner of the items of cu/lural property.

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(3) The owner of the duplication licence of items ofcultural property is obliged to give a special mar1<on each duplication item.

(4) Further provisions regarding granting permissionand the procedure for mar1<ing is regulated by theMinister.

Article 40

(1) In the framework of keeping, taking care,safeguarding, and uti/lzation of movable Items ofcultural property or certain items of cu/luralproperty, which are either owned by Stale or aperson, they can be stored and taken care of in amuseum.

(2) Regulations regarding museums, Includingkeeping, taking care, safeguarding, and utilizationof museum coilections In the form of Items ofcultural property, are stipulated separately.

CHAPTER VIDEVELOPMENT AND SUPERVISION

Article 41

(1) The Minister Is responsible for developing themanagement of Items of cultural property

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(2) Development of management as meant inparagraph (1) Includes:a. development of owner or controller of items of

cultural property in relation to thearrangement of care, protection, andutilization;

b. development of community participation inpreserving Items of cultural property.

(3) Development can be undertaken tl)rough:a. guidance and counselling;b. giving assistance by experts or other forms of

assistance;c. increasing community participation.

(4) Further provisions regarding development ofmanagement of Items of cultural property shall beregulated by the Minister.

Article 42

(1) Community participation in preservation ormanagement of items of cultural property can bedone by Individuals or legal entities, foundalions,assoclalions, groups, or similar -kinds ofinstitutions.

(2) Community participation as meant in paragraph(1) can be in the form of giving information,seminars, fund rising, and other activilies for the

66

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sake of protection and taking care of items ofcultural property.

Article 43

(1) The Minister Is responsible to supervise thepreservation of Items of cultural property and isconducted integrally among the respectivegovemment institutions or with the community.

(2) Implementing supervision as meant in paragraph(1) is regulated by the Minister or the head of therelevant agency, either Individually or together Inaccordance with their respective duty andfunction.

CHAPTER VIIOTHER PROVISIONS

Article 44

(1) Every planning for development which canpossibly cause:a. the pollution, moving, damaging, changing,

disappearing or destroying the historicalvalue cif items of cultural property;

b. the pollution and changing of the site and itsenvironment;

shall be reported to the Minister in advance.

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,.

(2) The report as meant in paragraph (1) is deliveredin writing and completed with an analytical studyconcerning the environmentallmpacl.

(3) Based on the respective archaeological study ofthe development planning, the Minister afterconsulting with the other Minister or the head ofthe respective government agency, can state:a. definitely defend the existence of the Items of

cultural property and the sites;b. suggest to make changes in the development

plan;c. move the Items of cultural property from the

site;d. agree to continue the respective planning

activities, or;e. delete the Items of cultural property and the

site from the register.

(4) Implementing provisions as meant in paragraph(1), paragraph (2), and paragraph (3) letter bshall be regulated by the Minister.

CHAPTER VIIIPROVISIONS OF PENALTIES

Article 45

(1) Whosoever intentionally violates the provisionsas meant In Article 27, Article 29, Article 30,

68

Article 31, Article 32, and Article 34 shall besentenced based on the provision of Article 26 ofLaw number 5 of the year 1992 concerning Itemsof Cultural Property.

(2) Whosoever Intentionally violates the provision asmeant In Article 17 shall be sentenced based onthe provision In Article 27 of Law number 5 of theyear 1992 concerning Items of Cultural Property.

(3) Whosoever falls to fulfil their obligations as meantin Article 6, Article 11, Article 12, Article 13,Article 38, and Article 39 shall be sentencedbased on the provision in Article 28 of Lawnumber 5 of the year 1992 concerning Items ofCultural Property.

CHAPTER IXTRANSITIONAL PROVISION

Article 46

At the time this Government Regulation comes Intoforce, all provisions which regulate control,ownership, registration, transfer, discovery,searching, cere, protection, utilization, development,and supervision of Items of culturel property, Itemswhich are presumed as Items of cultural propertyand sites, and provision for searching valuableItems are stili valid as far as they are not contrary or

69



have not been replaced based on this GovernmentRegulation.

CHAPTER XCLOSING PROVISION

Article 47

This Government Regulation shall take effed on thedate nIs promulgated. In order that every person maybe Informed thereof, It Is ordered that this GovernmentRegulation Is promulgated in the State Gazelle of theRepublic of Indonesia.

Ratified In Jakartaon the 19'h day of February 1993

PRESIDENT OF THE REPUBLIC OF INDONESIA

Signed

Soeharto

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Promulgated In Jakartaon the 19th day of February 1993

MINISTER' SECRETARY OF STATE OFTHE REPUBLIC OF INDONESIA

Signed

Moerdiono

STATE GAZETIE OF THE REPUBLIC OFINDONESIA 1993 NUMBER 14

Copied In accordance with the original

CABINET SECRETARIAT OF THE REPUBLICOF INDONESIAHead of the Bureau of Legal Affairs and Legislation

Signed

Barnbang Kesowo S.H., LL M.

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utiIIMPLEMENTATION:OF' INOONESIAtII 'L!AWr I,J''''iw;e 'NUMBER S"Oi='lHE YEAR 1992

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ELUCIDATION ONTHE GOVERNMENT REGULATION OF

THE REPUBLIC OF INDONESIANUMBER 10 OF 1993

CONCERNING IMPLEMENTATION OFINDONESIAN LAW NUMBER 5 OF 1992

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General

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Protection of cultural property as one of thepreservatlon efforts for the national heritage,constitutes an initiallve for Improving the nationalcharacter and foster feelings of national pride. Theefforts to preserve items of cultural property bearsgreat significance for the sake of developing andpromoting history, science, culture, and otherutilizations in enhancing the national culture for thepurpose of national interest.". '.'~

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The Law of the Republic of Indonesia number 5of 1992 concerning Items of Cultural Property hasgiven guidance for regulating of the possession,ownership, discovery, searching, protecllon.preservallon, management, utilizallon, and controllingof Items of cultural property. Apart from the abovementioned direction, several articles of the Law alsoconfer a mandate for further regulation of theproblems through Government Regulations.

73



Based on this mandate this GovemmentRegulation is prepared to describe, clarify, and guidethe rules concemlng possession. ownership.registration. transferring of rights, discovery.searching, protection, preservation, management.utilization and controlling, and other matters relatedto the preservation of items of cultural property.

Although several provisions in the law mandatesthat each above mentioned matter need to beregulated by a Govemment Regulation, however. forthe purpose of having a comprehensive regulation.matters who related to each other should beregulated through this Governmenl Regulation.

For the sake of regulating the protection andpreservation arrangement of ciultural property. eitherconceming Its 'possession. ownership. registratio'n.transfer of rights, discovery, searching. preservatiol\,or utilization of items of cultural property. thisgovemment regulation, always pays attention to therights and obligations as well as the interest. of theowner or the community.

Protection and preservation of cultural propertyhere, does not only deals with the man made objectas mentioned in Article 1. point 1 a. the Law of theRepublic of Indonesia number 5 of 1992 concemingItems of Cultural Property, but also includes naturalheritage which has an important value for history.

74

science, and culture, such as fossils of ancient manor animal, meteorit object, etc.

In accordance with the above, this GovernmentRegulation Is not only dealing with the protection andpreservation of cultural property, but also giveguidance to the procedure and requirements ofownership, possession. and moving the culturalproperty outside of the Republic of Indonesia,

Considering the importance of utilization of itemsof cultural property for the interest of religiouspurposes, therefore this Government Regulation alsoregulates implementation of Its utilization based onthe principle of preservation and protection of items ofcultural property as regulated In this GovemmentRegulation.

ARTICLE BY ARTICLE ELUCIDATION



The legal territory of the RepUblic ofIndonesia in this paragraph covers all theIndonesian jurisdiction.

75

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The control or the items of cultural propertyby the State does not prevent the possibilityof the Govemment i. e. the Minister, todetermine regulations for searching,management, licensing, and controlling ofcultural property, Items that is presumed ascultural property or valuable items of whichthe owner is unknown located within theexclusive ~conomlc zone and which will beImplemented based on the regulations inforce.

Paragraph (2)Sufficientiy clear

Paragraph (3)Sufficlentiy clear


Items of cultural property that shall beowned by the state In this paragraph, isdetermined not merely depending on thephysical appearance or the object, butdetermined based on the high cultural valueand nation history, rarely and/or limited kindor Items and has specific characteristicrepresenting Its period.

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Paragraph (2)The current errective regulation in thisparagraph is such as the regulation relatedto building construction.




The ownership or items or cultural propertyis a civil right that can be transferredthrough inheritance, heirlooms, or othermeans. Although the above ownership ofitems of cultural property is a civil right,however transferring ownership orpossession to others should always payattention to the provisions regUlated in Lawof the Republic or Indonesia number 5 or1992 concerning Items or Cultural Propertyor other regulations in rorce. Ownership oritems or cultural property by any personshould take into consideration its socialrunction and It Is Intended that the items ofcultural property which is owned by a personcould be utilized not only for the sake ofprivate interest but also public interest, such

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as for the purpose of scientific, education,and other pUblic Interests.

Paragraph (2)What is meant by certain items of culturalproperty here are the cultural propertiesWhich are not included as the culturalproperty meant in Article 3 paragraph (1) ofthis Government Regulation.

Paragraph (3)What is meant by kinds of items of culturalproperty are varieties of items of culturalproperty.


Sufficiently clear

Paragraph (2)Provisions of permission meant here are forexample, stay permits, permission forbringing items of cultural property outside ofthe legal territory of the Republic ofIndonesia.


78


Sufficiently clear

Paragraph (2)Registration is an activity to registermovable or immovable items of culturalproperty including their site, in order to doan inventory of items of cuitural property forpreservation, management planning, careand protection, and its utilization.




Sufficiently clear




79



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Certain Items of cultural property meant inthis paragraph can only be transferred of lisownership and/or Its controllshlp to the legalheir apparent or to the State, and is meantto avoid any transfer of Its ownershlplcontrollshlp of the Items of cultural propertyto other than Its legal heir apparent to theState.






Article 9Please refer to the explanation of Article 5paragraph (2) of this Govemment Regulation.


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Sufficiently clear

Paragraph (2)Damage that cause the destruction of thecultural property may occur due to a disasterboth natural disaster as well as due to menor other factors.



Sufficiently clear



Paragraph (4)Using the 6 (six) months limit for deletingfrom the list of cultural property Is based onthe system on superannuation of theft, asregUlated In Article 78 paragraph (1) of thePenal Code wllhin that period It is notimpossible that cultural property could be

81

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found again. If It is rediscovered after theexpiration date, the items of culturalproperty should be re-registered.



The nearest local Gevemment Official Inthis article means the head of the village,district, or the regent. The deadline which islimited to at least 14 (fourteen) days IsIntended to give opportunity to the reporteralso to avoid lost or damage of the rediscovered object by Irresponsible persons.


Paragraph (3)Protection measure in this article meansactivities for guarding and/or protectingdiscovered object in order not to beremoved, damage, or lost from the place ofdiscovery before being any researched bythe agency responsible for research of Itemsof cultural property.

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Paragraph (4)Research as meant in this Article may be inthe form of rescue research, and/or pureresearch on items of cultural propertyaccording to its situation and condition.




Sufficiently clear



SUfficiently clear

Paragraph (2)Rediscovered movable items of culturalproperty can be kept in a Museum if It is notpart of a unity or group of cultural property.If It is part of a unity or group of culturalproperty the Items should be returned back

83



to its unity or its group, or for the sake of itssafety Is kept in a Museum.




Sufficiently clear

Paragraph (2)The respective legal provision meant In thisArticle is such as Article 587 of the PenalCode.


Land and water as meant In this Article Isunder the ground and under the water in theterritory of the Republic of Indonesia.



Sufficiently clear

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Paragraph (3)The term of reference shoUld contain amongothers a description concemlng the purpose,location of searching, number and specification of man power, equipment and othersupporting matters used.




Sufficiently clear

Paragraph (2)Included In the legal entity meant In thisArticle are foundations, associations,organizations and other similar groups.

Article 21The result of research when searching forcultural property and valiJable objects mayconclude that the object Is' an Item of culturalproperty. Yet often the result of research on

85



searching valuable object is just predicted ascultural property and therefore It should beprotected in the same manner as culturalproperty.

Article 22SUfficiently clear


Sufficiently clear

Paragraph (2)The borders of the site are determinedbased on the original border, If It stili exist,or If it Is not so, It Is considered base!! onthe local geotopographlcal condition such asthe slope of the hili, river, valley, etc. or thefeasibility view for appreciating the form orvalue of the item of cultural property.Surrounding borders of the site aredelermined according to the need ofprotection or development of utilities of theItems of cultural property as a tourismoDject.

Paragraph (3)Zoning system as meant In this paragraph Isdetermining the zone area of the site whichIs besed on the need of the cultural propertyfor the purpose of prctectlon.

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The zoning system may consist of asanctuary zone as the main zone of thearchaeological site, a buffer zone as thearea around the site for prP.serving the site,and a development zone, which is the areaaround the buffer zone or main zone whichcan be developed for the purpose of socialfacililies. economy, and culture which is notcontrary to the principle on preservation ofitems of cultural property.


Determination of a site can be conducteci Jfin a certain area there are severalarchaeological sites nearby and interrelBlectin their space, histury, and archaeologicalaspects.

Paragraph (2)Effective legislation meant in this paragraphare such as provisions on zoning,environment, mining, industry, etc., so thatthere will be no conOlct In regulating itemsof cultural property with other interestsand/or It will not give any side impact to thesurrounding community.


SUfficiently clear

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Preservation of items of cultural property isconducted by dally maintenance orconservation if technically needed forpreventing damage and/or deterioration ofcultural property because of naturalinfluences and In accordance with thepreservation of items of cultural property.Biotic agents are environmental factorsconsisting of living beings such as organicgrowth, animal, or human; whereas naturalfactors are non-biotic factors 1. e. geotopography, climate, natural disaster such as firedisaster, land sliding, earthquake etc.Pollution on cultural property is not wanted,as It will promote the deterioration anddegradation process of cultural property.

Paragraph (2)Preservation principles Including authenticity of the design, material, workmanshipand selting, for maintaining its historical andcultural value.


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Sufficiently clear

Paragraph (2)Restoration is a series of activities which isintended to reconstruct the originalarchitecture of the items of cultural propertyfor strengthening the structural condition iflechnically needed, based on technicalarchaeological/historical principles for thepurpose of preservation of Items of culturalproperty. The activities of restoration includt:dismantling, reconstruction, rehabilitation,and consolidation.



Sufficiently clear



Paragraph (4). Sufficiently clear

89






Sufficiently clear



Sufficiently clear

Paragraph (2)What is meant as for the sake of socialinterest in this paragraph can be a. o. in theform of exhibition, cultural diplomacy,exchange of Information. etc.

Paragraph (3)Protection measure as meant in thisparagraph includes packing, transporting.and guarantee of the safety of the items ofcultural property.


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The legal provisions meant in this paragraphare such as provisions for exporting theobject. lax regulation, elc.



Sufficiently clear



Detaining of cultural property or which ispresumed as cultural property, is conductedif the object is going to be transferred eitherbetween areas or outside the area of theRepublic of Indonesia and there is asuspicion that it does not have completedocument of permission for transfer.



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Sufficiently clear

Paragraph (2)Emergency condition as meant in thisparagraph is the condition which threatenthe safety and preservation state of. thecultural property, such as fire, culturaldisaster, or other similar conditions.



Sufficiently clear


Paragraph (3)The obligation for reporting is intended tomonitor the traffic of cultural property. Seealso the explanation on Article 8 paragraph(6) of this Government Regulation.

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Sufficiently clear


Paragraph (3)See explanation of Article 4 paragraph (1) ofthis Govemment Regulation







The provision in this Article Is intended forthe respective community, so that it can

93

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'.carry out its religious activity In a beller

I Paragraph (3)situation not disturbed in its activity, during SUfficienlly clearthe religious procession as well as In thepreservation of the site. I Paragraph (4)

Paragraph (2) ISUfficienlly clear

Sufficienlly clear Article 40

Article 38 IParagraph (1)

Sufficiently clearAlthough it is prohibited to be re-funclloned as itwas, however it may be still possible for further I Paragraph (2) Iutilizallon, as far as it is not contrary to the Sufficiently clearimportant value of the cultural property, bymeans such as for tourism, research, sclenllfic I Article 41development, history, and culture, Paragraph (1)

Sufficiently clearArticle 39 ,

Paragraph (1) I Paragraph (2)Utilization by duplicating cultural property as Sufficienlly clearmeant in this paragraph does not decreasethe obligation to always be based on the Paragraph (3)provisions as mentioned In Law Number 6 Sufficienlly clearof 1982 concerning Copyrights which hadbeen amended by Law Number 7 of 1987 Paragraph (4)concerning Modification on Law Number 6' Sufficiently clearof 1982 concerning Copyrights.


IParagraph (1)

Sufficienlly clear Sufficlenlly clear

"

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Sufficiently clear



Sufficiently clear

Paragraph (2)Analytical studies conceming the environmental impact (AMDAL) correlating plans ofdevelopment and the items of culturalproperty, Is particularly focused on the studyof the development impact to cultural andsocial aspects in connectlon with thepreservation of items of cultural property.



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Sufficiently clear



Article 46Provisions as meant in this Article are forexample provisions such as meant inPresidential Degree of 1969 concemlng theNational Committee for Lifting and Utilizing ofValuable Objects or other related implementingprovisions.


SUPPLEMENT TO THE STATE GAZETIE OF THEREPUBLIC OF INDONESIA NUMBER 3516

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Documents

Compilation of Law and Regulation of the Republic of Indonesia