INDONESIA Law and Practice Contributed by: Stephen Igor Warokka and Mutiara Kasih Ramadhani, SSEK Law Firm
These certificates must include essential information that must be provided by the ship-owners or opera - tors during the submission, such as: • minimum age;
of lading may be issued in a form that is convenient for the parties, as long as they properly indicate the main functions of bills of lading under the ICC – ie, a receipt or acknowledgment that the goods have been received by the carrier, prima facie evidence of a con - tract of carriage, and a document of title to claim the goods upon shipment. 4.2 Title to Sue on a Bill of Lading Under Article 510 of the ICC, the lawful bearer of the bill of lading has the title to sue. This can be the ship - per, the consignee or a notified party. By virtue of the ICC, the recipient or bearer may be identified as the person designated by the sender, and this designation can be specified with or without explicitly naming the person in the bill of lading. The ICC also provides that the term “bearer” is interpreted as referring to either the person designated by the sender or the person presenting the bill of lading. However, in practice, the bill of lading typically specifies the name of the recipient or the consignee. Accordingly, if the bill of lading does not specify the name of the bearer, the transfer of title may occur by executing proper documentation on the assignment of the underlying contractual arrangement and sim - ply delivering the bill of lading document to the new bearer. In the more likely and common case where the bill of lading specifies the name of the bearer, a new bill of lading must be issued to the designated new bearer to effectuate the transfer of title. 4.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages Indonesia has not ratified any relevant international conventions for marine cargo claims to date. The liability of ship-owners for cargo damage is generally regulated within the applicable contract or agreement between the parties. Furthermore, Article 468 of the ICC provides that a carrier must compensate, either wholly or partially, losses or damages that arise as a result of the failure of delivery of goods due to dam - age, unless it can be proven that the non-delivery of goods is a result of a force majeure event that could not have been prevented. Therefore, rather than the ship-owner, it is the carrier that should be responsible for any cargo damage.
• seafarer health certificates; • education and qualifications; • working hours and rest periods; • crew composition; • accommodation; • recreational facilities on board; • catering; • health and safety;
• accident prevention; • onboard health care; • complaint procedures; • wage payments; • financial guarantees for repatriation; and • related financial assurance for ship-owners or operators. Technical inspections to ensure compliance with the DMLC are carried out regularly by marine inspectors ( pejabat pemeriksa keselamatan kapal ) with the quali - fications and authority to conduct ship safety inspec - tions. MOT Reg 58/2021 also sets minimum standards for various aspects of seafarers’ well-being, including:
• accommodation; • onboard facilities; • health rooms; • recreational amenities; and • food services.
The regulation also underscores the significance of having an employment agreement in place to provide legal certainty and protection to seafarers.
4. Cargo Claims 4.1 Bills of Lading
Indonesia has not ratified any international conven - tions concerning bills of lading. Carriage by sea and bills of lading are therefore regulated by the ICC. The ICC does not stipulate a standard form so bills
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