INDONESIA Trends and Developments Contributed by: Emir Nurmansyah, Ulyarta Naibaho, Muhammad Muslim and Adithya Lesmana, ABNR Counsellors at Law
procedure remains unclear, as no detailed pro - cedures for ship arrest are outlined in the law. Maritime Tribunal The Third Amendment expands the authority of the Maritime Tribunal. The Maritime Tribunal is an investigative body that is part of the Ministry of Transportation and is responsible for maritime accidents. The Maritime Tribunal can now not only summon and investigate the captain and crew members but also vessel operators, ship- owners, and other relevant personnel or officials involved in an accident. Previously, the Maritime Tribunal’s authority was limited to enforcing the qualifications and conduct of the captain and crew. Additionally, the Maritime Tribunal is now author - ised to impose administrative sanctions on operators, ship-owners, and authorised person - nel for negligence or errors leading to maritime accidents. These sanctions can include written warnings, suspension, or revocation of business licences for operators and ship-owners and dis - ciplinary action for authorised personnel. The Maritime Tribunal is also empowered to medi - ate disputes related to seafarers’ employment agreements.
The expansion of the Maritime Tribunal’s author - ity also introduces additional risks for vessel operators’ officers and personnel. The Maritime Tribunal is now authorised to summon, inves - tigate and impose administrative sanctions on officers/personnel if they are found to be respon - sible for a maritime accident. The disciplinary action that may be imposed on officers/person - nel could be perceived as an individual sanction, thereby increasing their personal risk. However, the legislation is unclear on the types of discipli - nary sanction that could be imposed on them, such as whether it might include any form of financial sanction. It is also still unclear whether the term “officers and personnel” could be interpreted by the panel of judges of the Maritime Tribunal or other rel - evant government institutions as including direc - tors of the vessel operator. This lack of clarity allows for a broad interpretation of the definition of the term. In such a case, it could significantly affect the decision-making process of the board, which is the key management body of the vessel operator.
258 CHAMBERS.COM
Powered by FlippingBook