INDONESIA Law and Practice Contributed by: Stephen Igor Warokka and Mutiara Kasih Ramadhani, SSEK Law Firm
2.4 Procedure and Requirements for Establishing a Limitation Fund Indonesian laws and regulations do not specify the form, amount or procedures for a limitation fund. In practice, a shipper may request the owner of a vessel provide a deposit in the form of cash with the intention of using the deposit as a limitation fund. 2.5 Seafarers’ Safety and Owners’ Liability Indonesia has ratified the Maritime Labour Con - vention (“MLC”) through Law No 15 of 2016, which is entrenched further by Article 87 of GR 31/2021. GR 31/2021 requires all Indonesian- flagged vessels to adhere to MLC requirements and to obtain MLC certification. To enforce this obligation, the MOT has issued MOT Regulation No PM 58 of 2021 regarding Maritime Labour Convention Certification (“MOT Reg 58/2021”). Under MOT Reg 58/2021, ship-owners or ship operators are required to apply for a declaration of the satisfaction of MLC requirement Part I and a declaration of the satisfaction of MLC require - ment Part II certificates (“DMLC”). These certificates must include essential infor - mation that must be provided by the ship-own - ers or operators during the submission, such as: • minimum age;
Article 535 of the ICC provides that, if a vessel collision occurs due to an accident or an act of force majeure, or if there is doubt concerning the cause of the collision, damages will be borne by those who have suffered losses. Under Article 536 of the ICC, if a vessel collision is the fault of one of the colliding vessels, the damages will be borne by the vessel entrepreneur ( pengusaha kapal ) who has committed the fault. Neverthe - less, as stated in Article 537 of the ICC, if a ves - sel collision occurs due to the fault of both col - liding vessels, the liability of each party will be proportionate to the fault committed. A judge appointed by the party claiming indemnity will establish the extent of this liability. If the judge fails to establish the extent of the liability, the liabilities will be equal for both parties. Indonesia has not yet ratified the 1989 Interna - tional Convention on Salvage or any other pro - tocols or conventions on salvage. It has enacted MOT Regulation No 71 of 2013 regarding Sal - vage and/or Underwater Works, as last amend - ed by MOT Regulation No 27 of 2022 regarding the Third Amendment of MOT Regulation No 71 of 2013 regarding Salvage and/or Underwater Works. This Regulation provides that loss or damage to the skeleton of ships and their goods is the liability of the ship’s owner, as are any fees that arise. 2.3 1976 Convention on Limitation of Liability for Maritime Claims Indonesia has not ratified the 1976 Convention on Limitation of Liability for Maritime Claims. Maritime claims are currently regulated by the ICC and are defined in Article 223 of the Ship - ping Law. The ICC provides a limitation of liabil - ity depending on the context and nature of the event (eg, ship collision, marine 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;
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