INDONESIA Trends and Developments Contributed by: Emir Nurmansyah, Ulyarta Naibaho, Muhammad Muslim and Adithya Lesmana, ABNR Counsellors at Law
ment Unit ( Unit Penyelenggara Pelabuhan ) for non-commercially operated ports. Following the Third Amendment, the term “Port Manage - ment Institution” ( Penyelenggara Pelabuhan ) is standardised for all port authorities. The Third Amendment assigns responsibility for establish - ing Port Management Institutions at main and collector ports, whether commercially operated or not to the Minister. Regional governments will be responsible for establishing these institutions at non-commercial feeder ports. The new structure clarifies that regional govern - ments are limited to managing non-commercial feeder ports, a responsibility that was not explic - itly regulated before. Enhancing local stevedoring business Port companies operating multipurpose or con - ventional sea terminals must now partner with local stevedores to enhance micro, small and medium-sized enterprises and promote equality and fairness in business practices. Prior to the Third Amendment, port companies could inde - pendently handle loading and unloading at the sea terminals they operated. Mandatory involvement of Hydro- Oceanography Agency in navigational aids management The Ministry of Transportation is now required to co-ordinate with the Hydro-Oceanography Agency of the Indonesian Navy in managing navigational aids, particularly in the publica - tion of Indonesian marine charts and nautical announcements. Pilotage The Third Amendment expands the definition of “compulsory pilotage areas” to include: • nature reserves and conservation areas;
• conservation areas in waters, coastal zones, and small islands; and/or • conservation areas at sea. A “compulsory pilotage area” refers to desig - nated maritime zones where vessels must hire a qualified pilot to navigate safely. This expansion broadens the scope of these areas to include not just congested or hazardous zones but also environmental protection areas. The Third Amendment also mandates that man - agement and operation of pilotage services in special terminal areas be carried out by compa - nies holding a port business licence. Previously, the licence holder of a special terminal could independently provide pilotage services for their terminal. A special terminal typically serves the licence holder’s own interests, often in industries such as mining. Ship arrest The Third Amendment revises the ship arrest provisions by eliminating the requirement for implementing regulations, which had delayed the enforcement of ship arrest since the origi - nal enactment of the Shipping Law. In 2008, the Shipping Law introduced the concept of ship arrest, allowing a vessel involved in a civil mari - time case to be arrested by a court order with - out the need for a lawsuit. However, due to the absence of specific procedural regulations, the arrest provisions were deemed ineffective, lead - ing to uncertainty about how the arrests should be conducted. Unfortunately, the Third Amendment did not address this issue. The amendment revokes the provision that specifies that the arrest procedure will be detailed in the Minister’s Regulation as the implementing regulation. However, the arrest
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