INDONESIA Law and Practice Contributed by: Stephen Igor Warokka and Mutiara Kasih Ramadhani, SSEK Law Firm
since the nomenclature of the Standard Certifi - cate is still relatively new, there may be discrep - ancies between the Regulation and the actual
In addition, any vessel communicating through the radio frequency spectrum must obtain a ship radio station certificate, according to Law No 36 of 1999 regarding Telecommunications, as amended by Government Regulation in Lieu of Law No 2 of 2022 regarding Job Creation and Minister of Communication and Informatics (now Minister of Communication and Digital) Regu - lation No 9 of 2018 regarding Provisions and Procedures on the Operation and Licensing of Radio Frequency Spectrum, as lastly amended by Minister of Communication and Informatics Regulation No 9 of 2023. Cabotage Principle The Shipping Law provides that domestic sea transportation must be carried out by an Indo - nesian shipping company with an Indonesian- flagged vessel and Indonesian crew. The scope of these provisions is often seen to cover most vessels, including vessels in Indonesian waters that do not engage in domestic sea transporta - tion. Specific types of foreign-flagged vessels oper - ating in Indonesian waters for specific types of activities may be exempted from cabotage rules as regulated under MOT Regulation No PM 2 of 2021 regarding Procedures and Requirements for the Granting of Foreign Vessel Utilisation Approval for Activities Other than Domestic Car - riage of Passengers and/or Goods. This Regula - tion provides an exhaustive list of the types of activities for which foreign vessels may be used, namely: • oil and gas survey; • drilling; • offshore construction; • offshore operational support; • dredging; • salvage and underwater works;
implementation of it. Vessel Certification
Besides the SIUPAL (now the Standard Certifi - cate), a company that owns a ship will obtain several additional licences from the online sin - gle submission system. Ship-owning companies must obtain the following commercial/operation - al licences: • a vessel nationality certificate ( surat tanda kebangsaan kapal ); • a tonnage certificate ( surat ukur ); • a safety certificate ( sertifikat keselamatan ); • a load line certificate ( sertifikat garis muat ); • a safe manning certificate ( sertifikat pengawa - kan kapal ) for manned vessels; • a document of compliance ( dokumen penyesuaian manajemen keselamatan ) for manned cargo vessels with a gross tonnage equal to or larger than 500 tonnes; and • a safety management certificate ( sertifikat manajemen keselamatan ) for manned cargo vessels with a gross tonnage equal to or larger than 500 tonnes. Foreign and locally flagged vessels operating in Indonesia must acquire the following pollution prevention certificates: • an international oil pollution prevention cer - tificate ( sertifikat internasional pencegahan pencemaran oleh minyak ); • an international air pollution prevention cer - tificate ( sertifikat internasional pencegahan pencemaran oleh udara ); and • an international sewage pollution prevention certificate ( sertifikat internasional pencegahan pencemaran oleh kotoran ).
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