INDONESIA Law and Practice Contributed by: Stephen Igor Warokka and Mutiara Kasih Ramadhani, SSEK Law Firm
If the ship-owner is not the actual or contractual car - rier for cargo, they may not be liable, as they will not be bound by any contract relating to cargo damage with the owners of the cargo. 4.4 Misdeclaration of Cargo Under Article 479 of the ICC, a carrier can establish an indemnification or compensation claim for a mis - declaration of cargo by the shipper. In terms of court judgments, Indonesia does not adopt the stare decisis principle, meaning that different courts have discretion to interpret cases and the applicable underlying laws. 4.5 Time Bar for Filing Claims for Damaged or Lost Cargo Under Article 741 of the ICC, there is a one-year limit for the submission of claims for damaged or lost car - go. This time limit will be calculated after the voyage has been completed or after the vessel has failed to arrive at the designated location where the cargo was meant to be delivered, within one year after the start of the voyage. 5. Maritime Liens and Ship Arrests 5.1 Ship Arrests Indonesia is a party to the 1999 International Con - vention on Arrest of Ships, 1999, but has not ratified the convention into law, so it is not yet enforceable in Indonesia. Nevertheless, ship arrests are regulated by Article 222 of the Shipping Law. This states that ship arrests may be carried out by harbour masters after a written court order if the ship is connected to a criminal or civil claim. Article 223 of the Shipping Law provides that the detention of ships in connection with a maritime civil claim may take place in the event of the following: • loss or damage due to the operation of a ship; • loss of life or fatal injury that occurs on land or in the water or sea due to the operation of a ship; • damage to the environment, ship or cargo due to salvage operation activities or an agreement on salvage; • damage or threat of damage to the environment, coastline or other interests caused by a ship, including costs needed to take measures to pre -
vent damage to the environment, ship or cargo, as well as for remediation of the environment as a result of the damage caused; • costs or expenses relating to lifting, removal or repair, or relating to the ship, including costs of rescue of the ship and the ship’s crew; • costs for the use, operation or rental of a ship as set out in a charterparty or otherwise; • transportation costs for cargo or passengers on board a ship, as set out in a charterparty or other - wise; • loss or damage to cargo, including trunks/suitcas - es, transported on board a ship; • loss and damage to a ship and cargo due to an accident at sea (general average); • costs of goods, equipment, ship supplies, fuel oil or bunker, or ship tools, including containers provided for service purposes and ship supplies for the operation, upkeep, rescue or maintenance of the ship; • costs of construction, reconstruction or recondi - tioning, repair, alteration or completing ship sup - plies; • fees for port, canal, dock, harbour, shipping lane and/or other levies; • salaries and other payables for a ship’s captain, officers, crew members and others employed on board a ship, including repatriation and social insurance costs for their interests; • financing or disbursements incurred for the interest of the ship on behalf of the ship’s owner; • insurance premium (including “mutual insurance call”) for the ship payable by the ship’s owner or charterer without the ship’s crew or bareboat (demise charterer); • towage costs; • pilotage costs; • commission, fees, broker or agency fees payable relating to the ship on behalf of the ship’s owner without the ship’s crew (demise charterer); • costs of a dispute related to the ownership status of the ship; • costs of a dispute between the co-owners of a ship related to the operation and revenue or mining products of the ship; • a mortgage fee on a ship or other encumbrance of a similar nature on the ship; and
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