Catfish farming is one of the fish farming businesses that many business people are interested in. It cannot be denied that catfish is indeed a type of fish that is widely consumed by the public. Because it is widely consumed, the market demand for catfish has also increased. Not only that, catfish cultivation also does not require large capital, is suitable for beginners because it is easy to learn, and maintenance is not difficult and costly when compared to other types of fish cultivation. This is what makes catfish farming increasingly popular in Indonesia. Not a few “gentlemen” who then also changed their direction to become catfish farmers because they considered the profitable potential in this business field. However, to start catfish farming, it turns out that there are licenses that must be fulfilled by business actors. Want to know what the license in question is and how to take care of it? Let’s find out the answer from the following Legal Contract explanation.
Cultivation According to the Law
According to Law No. 11 of 2020 on Job Creation, fish farming is defined as an activity to maintain, raise, and/or breed fish and harvest the results in a controlled environment, including activities that use vessels to load, transport, store, cool, handle, process, and/or preserve them. Furthermore, Article 1 point 5 of the Job Creation Law also states that every person conducting a fisheries business in Indonesia must fulfill a business license. In addition, people who conduct business and/or fisheries management activities are also required to comply with the provisions regarding:
- type, number, and size of fishing gear;
- type, number, size, and placement of fishing aids;
- area, line, and fishing time or season;
- requirements or standard fishing operational procedures;
- fishery vessel monitoring system;
- new types of fish to be cultivated;
- fish species and restocking areas as well as aquaculture-based fishing;
- fish farming and its protection;
- prevention of pollution and damage to fish resources and the environment;
- minimum size or weight of fish species that may be caught;
- marine protected areas;
- outbreaks and fish disease outbreak areas;
- types of fish that are prohibited to be traded, entered, and expelled to and from the territory of Indonesia; and
- protected fish species.
Cultivation Business Location
Article 5 of Law No. 31 of 2004 states that the Republic of Indonesia’s fisheries management areas for fishing and/or fish farming include:
- Indonesian Waters.
- ZEEI.
- Cultivable rivers, lakes, reservoirs, swamps and other bodies of water as well as potential fish farming grounds within Indonesia.
Furthermore, Article 17 states that the government regulates and develops the use of fish farming facilities and infrastructure in the context of developing fish farming. In the explanation of the article, the fish farming infrastructure referred to only consists of ponds, ponds, and pond channels. After the changes in Law No. 45 of 3009, fish farming is now no longer limited to ponds or ponds but can also be done in rivers, lakes and the sea. However, because these waters involve the public interest, it is necessary to determine the location and size of the area and the method used so as not to disturb the public interest in advance. In addition, it is necessary to stipulate provisions aimed at protecting such cultivation, for example, pollution of the fish resource environment.
Fishery Business License
As mentioned earlier, every person who conducts fisheries business in the field of catching, cultivating, transporting, processing, and marketing fish in the fisheries management area must have a fisheries business license (SIUP). SIUP is a written permit that must be owned by a fisheries company to conduct fisheries business using the production facilities listed in the permit. According to the Regulation of the Minister of Maritime Affairs and Fisheries Number 49/PERMEN-KP of 2014, the types of businesses in the field of fish farming are divided into several fields, including:
- Fish hatchery business.
- Fish enlargement business.
- The business of transporting cultured fish.
- Fish hatchery and fish enlargement business.
- Fish hatchery business and transportation of cultured fish.
- Fish rearing business and transportation of cultured fish.
- Fish hatcheries, fish rearing, and transportation of cultured fish.
Please note that the type of business above can affect the business license that must be taken care of by business actors. Because if the business actor also carries out fish transportation, in addition to the SIUP, it is necessary to take care of the ship license in the form of SIKPI. SIUP itself is also divided into :
- Hatchery license.
- SIUP Pembesaran.
- Hatchery and Enlargement License.
For information, the obligation to have a SIUP is exempted or not required for small fish farmers. Small fish farmers are people whose livelihood is to cultivate fish to fulfill their daily needs. To obtain a SIUP, business actors can apply through OSS by completing several requirements, including:
a. Business plan which includes:
- Business activity plan;
- Activity phasing plan;
- Plan for the technology used;
- Business facilities owned;
- Business facility procurement plan;
- Production volume plan for each activity stage; and
- Financing plan.
b. Photocopy of the Identity Card (KTP) of the owner or person in charge of the corporation, by showing the original; c. Photocopy of the Taxpayer Identification Number (NPWP) of the owner or corporation, by showing the original; d. Certificate of business domicile. e. Deed of establishment of the business entity. f. Location permit, stating the area and coordinate points. g. Environmental permit issued by the authorized agency. Environmental permit issued by the authorized agency. h. A 4×6 photograph and specimen signature; and i. A statement letter with sufficient stamp duty from the owner or person in charge of the corporation stating the truth of the data and information submitted.
Sanctions
Article 92 of Law No. 31 of 2004 states that any person who intentionally conducts a cultivation business in the fisheries management area of the Republic of Indonesia without having a SIUP can be punished with a maximum imprisonment of 8 years and a maximum fine of IDR 1.5 billion.
KH Contact
Well Friend KH, that’s the explanation of the fisheries business license that must be owned by catfish farming business actors and how to take care of it. For KH Pals who are interested in becoming catfish farmers but are still confused about the procedure for establishing a business, how to take care of the license, or want to do business consulting, KH Pals can contact Kontrak Hukum at Tanya KH or via social media Instagram @kontrakhukum. For more information, you can also visit our website at www.kontrakhukum.com.
