Shipping 2026

INDONESIA Law and Practice Contributed by: Stephen Igor Warokka and Mutiara Kasih Ramadhani, SSEK Law Firm

1. Maritime and Shipping Legislation and Regulation 1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts The Indonesian maritime court, or mahkamah pela- yaran , is regulated under Law No 17 of 2008 regard - ing Shipping, as last amended by Law No 66 of 2024 (specifically, the “Third Amendment to the Shipping Law” and, collectively, the “Shipping Law”). The Ship - ping Law defines the maritime court as a panel of experts that is responsible to, and under, the Ministry of Transportation. The maritime court has the author - ity to conduct follow-up investigations into shipping accidents and to enforce a professional code of ethics and competence for ship masters and officers after a preliminary examination by the harbour master. The maritime court also has the authority to examine collisions between commercial ships and state ships, and between state ships and warships. Nevertheless, it is not considered a juridical court within the frame - work of Indonesia’s legal system, and at most is only able to issue administrative sanctions. Moreover, both the Shipping Law and the Indonesian Commercial Code (ICC) provide that maritime claims may also be submitted to the Indonesian district courts. Common maritime claims include maritime casualties and collisions, cargo claims and passen - ger claims. 1.2 Port State Control Under Article 218 of the Shipping Law, a harbour master ( syahbandar ) has the authority to conduct seaworthiness and safety inspections of Indonesian- flagged ships, and of foreign-flagged ships at Indo - nesian ports. Harbour masters’ powers also include the authority to inspect vessels and seek information for the purpose of gathering evidence in relation to marine casualties. Minister of Transportation (MOT) Regulation No PM 119 of 2017 regarding Foreign Ship Safety and Safety Check Officers (“MOT Reg 119/2017”) defines “port state control” as state supervision of the seaworthi - ness and safety of foreign ships entering ports to

ensure the fulfilment of requirements implemented by harbour masters. In general, port state control officers appointed by the harbour master have the power to detain and delay the departure of a ship when the ship’s failure to meet the aforementioned requirements threatens the safety of the ship, human lives and/or the maritime environ - ment. Indonesia’s port state control system has been implemented with reference to the Memorandum of Understanding on Port State Control in the Asia-Pacif - ic Region (the “Tokyo MOU”), of which Indonesia is a signatory. The Tokyo MOU is specifically mentioned in MOT Reg 119/2017. Port state control officers do not have any authority over marine casualties such as grounding, pollution or wreck removal. According to Government Regu - lation No 31 of 2021 (“GR 31/2021”), ship-owners are responsible for managing grounding and wreck removal. However, if the ship-owner has not carried out wreck removal within 180 days of the collision, the removal must be carried out by the MOT, at the expense of the owner of the wreck. If the position of the wreck and/or its cargo is disrupting the opera - tion of the port and/or polluting the maritime environ - ment, the harbour master may order the ship-owner to immediately lift or get rid of the wreck and/or its cargo. In addition, in line with Section 3.1 of the Tokyo MOU, the authority of port state control officers in connec - tion with pollution matters is limited to inspecting a ship’s master or crew and their readiness to prevent pollution. Indonesia recently succeeded in fulfilling the whitelist criteria for the Tokyo MOU, which should help reinforce shipping safety and security in Indonesian waters. 1.3 Domestic Legislation Applicable to Ship Registration The Shipping Law provides that an Indonesian ves - sel’s legal status is only valid if the vessel has already been registered in a particular jurisdiction. Under Min - ister of Transportation No PM 39 of 2017 regarding the Registration and Nationality of Vessels (“MOT Reg 39/2017”), vessel registration includes registration of the following:

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