Obligations to Activation of Automatic Identification System in Shipping Activities
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General Overview
In an effort to enhance maritime safety and seaworthiness compliance within its jurisdiction, Indonesia has enacted new regulations concerning the use of Automatic Identification Systems (AIS) in shipping activities. This initiative is outlined in the Ministry of Transportation Regulation Number 18 of 2022 regarding Automatic Identification System (“AIS”) Usage for Vessels Operating in Indonesian Waters (“MOT Reg 18/2022”). Further guidance was recently provided by the Directorate General of Sea Transportation Circular Letter Number 18 of 2024 regarding the Obligation to Activate the Automatic Identification System for Vessels and Other Activities in Indonesian Waters (“CL DGST 18/2024”).
MOT Reg 18/2022 regulates the obligation for Indonesian-flagged vessels and foreign-flagged vessels operating within Indonesian waters jurisdiction to activate and maintain AIS for operational activities. It also requires relevant officials to oversee the activation of AIS. CL DGST 18/2024 specifically regulates the authority of Port State Control to supervise and control the use of AIS.
Vessel Obligations
In line with MOT Reg 18/2022, the vessels subject to CL DGST 18/2024 include Indonesian-flagged and foreign-flagged vessels. Furthermore, in connection with the obligation to activate AIS, MOT Reg 18/2022 also distinguishes the AIS type into AIS Class A and AIS Class B[1].
AIS Class A intended for both Indonesian-flagged vessels and foreign-flagged vessels that already complied with the Safety of Life at Sea Convention 1974 (“SOLAS”) and its amendments. Meanwhile, AIS Class B is intended for [2]:
(i) Passenger and non-cargo convention vessel with a minimum Gross Tonnage of 35 (thirty-five) that sailing within Indonesian waters jurisdiction;
(ii) Ocean-going vessels or vessels sailing cross border jurisdiction or other shipping activities that are governed under the customs regulations; and
(iii) Fishing vessel with a minimum Gross Tonnage of 60 (sixty).
Furthermore, CL DGST 18/2024 also obliged ship owners, shipping company agents, and ship captains to undertake several obligations, as follow [3]:
(i) The ship captain is required to activate the AIS and provide accurate information through the system.
(ii) If the AIS malfunctions, the ship captain must log the issue in the ship's logbook, inform the Shore Receiving Station (“SROP”) and/or Vessel Traffic Service (“VTS”), and submit the logbook to the Harbourmaster at the port.
(iii) The ship captain must report activities through the SROP and/or VTS.
(iv) The ship captain is prohibited from drifting or conducting ship-to-ship transfers without prior approval from the Harbourmaster.
Supervision
The implementation of vessel obligations will be supervised by both the Head of the Navigation District Office and the Harbourmaster. The Head of the Navigation District Office is responsible for monitoring the activation of AIS on vessels through the AIS Base Station at the SROP and VTS. If any vessel is suspected of non-compliance, a report of the alleged violation must be promptly submitted to the local Harbourmaster.
These obligations are crucial for ensuring a vessel’s seaworthiness. In accordance with CL DGST 18/2024, the Harbourmaster is mandated to supervise the installation and activation of the AIS, as part of the seaworthiness inspections, conducted by the Port State Control Officer. For the enforcement, the Harbourmaster will carry out investigations into violations, which will be documented in an official report. If the Harbourmaster imposes administrative sanctions on a vessel for non-compliance with AIS obligations, the Harbourmaster must report these sanctions to the Director General of Sea Transportation. Additionally, MOT Reg 18/2022 also stipulates that vessels failing to comply with AIS installation and activation requirement will be subject to sanctions, including the postponement of departure (through the postponement of sailing approval certificate or Surat Persetujuan Berlayar issuance) until the AIS compliance is achieved [4].
ARMA Law Commentary: Aside from the primary impact of the AIS’s usage obligation, which is to ensure safety and seaworthiness, this obligation will also facilitate litigation efforts and asset recovery, in particular for claims against vessels, whether from charter parties or other maritime claims. Through the obligation to use the AIS, a legal entity/person with claims against a vessel can identify and access the location of vessels and further determine the relevant jurisdiction of port authorities (Harbourmaster) and courts. As a result, the exact location of a vessel obtained through AIS can be formulated into various litigation proceedings, including administration, civil and/or criminal litigation.
Disclaimer:
This client update is the property of ARMA Law and intended for providing general information and should not be treated as legal advice, nor shall it be relied upon by any party for any circumstance. ARMA Law has no intention to provide a specific legal advice with regard to this client update.
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