INDONESIA Law and Practice Contributed by: Stephen Igor Warokka and Mutiara Kasih Ramadhani, SSEK Law Firm
ciaries of vessel mortgages may be Indonesian or foreign citizens, banks and financing or non- financing institutions (both national and interna - tional). Vessel mortgages will only be granted following the submission of an application to a vessel registrar, accompanied by the following documents: • a credit/loan agreement; • the original grosse vessel registration deed or grosse deed of the vessel’s title transfer; and • a power of attorney in notarial deed form (if such registration is registered by a proxy). Following execution of the vessel mortgage deed by the mortgagor, the mortgagee and the MOT official, Article 31 of MOT Reg 39/2017 pro - vides that the vessel registrar will then hand over a grosse mortgage deed as well as the vessel registration grosse deed or vessel transfer of title grosse deed to the mortgagee. Under Article 33 of MOT Reg 39/2017, the assignment of a mortgage on a vessel requires the preparation of a deed of assignment of a vessel mortgage. The receiver of the assignment of a vessel mortgage must submit an application to the vessel title transfer and registrar official where the vessel is registered through the SPKE. The following original documents are required for the application: • proof of assignment of the mortgage; • original grosse vessel registration deed or grosse deed of the vessel’s title transfer; and • grosse deed of mortgage on vessels. 1.7 Ship Ownership and Mortgages Registry Under Article 43 of MOT Reg 39/2017, the registration or documentation of ships will be recorded within a daily register, master register
and central register. The master register will be open to the public. Furthermore, the MOT has established the SPKE, which allows ship owner - ship and registration to be viewed and accessed by the public. An application to the relevant ves - sel title transfer and registrar can be made to obtain a vessel legal status statement letter that indicates whether a mortgage has been imposed on a vessel. 2. Marine Casualties and Owners’ Liability 2.1 International Conventions: Pollution and Wreck Removal Indonesia has ratified the International Conven - tion on Civil Liability for Oil Pollution Damage of 1969 (the “CLC”) and the Protocol of 1992 to Amend the CLC, by way of Presidential Decree No 18 of 1978 and Presidential Decree No 52 of 1999, respectively. Indonesia ratified the International Convention for the Prevention of Pollution from Ships of 1973, as modified by the Protocol of 1978 relat - ing thereto and by the Protocol of 1997, through Presidential Decree No 46 of 1986 and Presiden - tial Regulation No 29 of 2012. In 2014, Indonesia also ratified the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, through Presidential Regulation No 65 of 2014. 2.2 International Conventions: Collision and Salvage Indonesia has ratified the 1972 International Regulations for Preventing Collisions at Sea, by way of Presidential Decree No 50 of 1979, but has not ratified the Convention for the Unifica - tion of Certain Rules of Law with respect to Col - lisions between Vessels. Liability in the event of ship collisions is also regulated by the ICC.
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