MoT Reg 28/2022: Obligations for Vessels in Indonesian Port
Overview
Based on Article 219 of Law No. 17 of 2008 on Shipping, every vessel is obliged to obtain a Sailing Approval Letter which is issued by the harbourmaster. This regulation delegates further provisions regarding the procedure for issuing a Sailing Approval Letter to the Ministry of Transportation ("MoT”). As a consequence, the MoT issued MoT Regulation No. PM 82 of 2014 concerning Procedure for Issuance of Sailing Approval Letter. In this regulation, the procedure to obtain Sailing Approval Letter may only be done by filing an application in writing to the Harbourmaster. However, this regulation has been revoked by the recently issued MoT Reg No. PM 28 of 2022 concerning Procedure for Issuance of Sailing Approval Letter and Approval Letter for Vessel Activities in the Port (“MoT Reg 28/2022”) which regulates the transition of application for Sailing Approval Letter from writing to electronic. Besides that, the recently issued regulation also regulates other provisions regarding Sailing Approval Letters and Approval Letters for Vessel Activities in the Port more comprehensively.
Procedures Prior to Vessel Arrival
This regulation applies to Indonesian-flagged ships whose letters and documents are issued by the Director General, as well as foreign vessels other than fishing vessels, which sail and carry out activities in Indonesian ports.¹
Prior to arriving in a port, the owner, operator, or captain of the vessel is obliged to notify such arrival to the harbourmaster by submitting letters, documents, and news (warta) of the vessel, which includes:²
1) tonnage certificate;
2) vessel nationality certificate;
3) vessel safety certificate;
4) load line certificate;
5) vessel manning certificate;
6) cargo documents; and
7) Sailing Approval Letter from the port of origin.
Such submission must be notified at the latest 1 x 24 hours prior to the arrival of the vessel in the port through an internet-based electronic information system or manually.³ The documents will be checked by the harbourmaster and if the documents are complete, the harbourmaster will grant an Approval Letter for Vessel Activities in the Port and retain the letters, documents, and news of the vessel until the issuance of the Sailing Approval Letter.⁴
Approval Letter for Vessel Activities in the Port
Approval Letter for Vessel Activities in the Port which was granted by the harbourmaster after the vessel arrived is a letter of approval for the vessel to conduct activities in the port area after fulfilling administrative requirements and obligations in accordance with the checklist for fulfilling the vessel’s obligations. This approval letter is only valid for one activity. The scope of activities that may be carried out are as follows:⁵
1) allow or forbid people to board the vessel;
2) ship movement (olah gerak kapal);
3) ship repairment;
4) sea trial (percobaan berlayar);
5) trans-shipment (alih muat);
6) delay;
7) tank cleaning; and
8) unloading dangerous goods/special good/Hazardous and Toxic Waste (B3).
Obligation of Obtaining Sailing Approval Letter
Furthermore, if the vessel is about to sail, such vessel is obliged to obtain a Sailing Approval Letter issued by the harbourmaster. In order to obtain the Sailing Approval Letter, the vessel must fulfil the seaworthiness requirements and the checklist for fulfilling the vessel’s obligations.⁶ Afterwards, the owner or operator of the vessel shall submit a request through an internet-based electronic information system or manually to the harbourmaster.⁷ The harbourmaster may reject or not issue the Sailing Approval Letter if the vessel does not meet the required administrative requirements, there is a written order from the court, and/or the weather conditions of the sea may endanger the vessel by considering the size and/or type of the vessel.⁸
The approval letter is only valid for one-time sailing and will not be valid if the vessel does not depart from the port within 24 hours after the Sailing Approval Letter is granted.⁹ Despite this, the vessel’s departure may be delayed if the vessel does not meet the seaworthiness requirements or based on weather considerations. Moreover, the Sailing Approval Letter may also be annulled if it is known that the vessel does not meet the seaworthiness requirement,¹⁰ or be revoked if there is any written order from the court.¹¹
The obligation to obtain Sailing Approval Letter does not apply for:¹²
1) Warships;
2) State vessel or government vessel as long as they are not used for commercial activities;
3) Vessels used for the benefit of the state based on a letter of assignment from the head of government agency addressed to the harbourmaster;
4) Vessels sailing to provide assistance to vessels in an emergency/SAR situation;
5) Vessels that stops at the port due to an emergency; or
6) Vessels conducting sea trials and/or vessel movement activities.
Article 2 MoT Reg 28/2022
Article 3 MoT Reg 28/2022
Article 4 MoT Reg 28/2022
Article 5 jo. Article 6 MoT Reg 28/2022
Article 18 MoT Reg 28/2022
Article 8 MoT Reg 28/2022
Article 11 MoT Reg 28/2022
Article 13 MoT Reg 28/2022
Article 9 MoT Reg 28/2022
Article 14 MoT Reg 28/2022
Article 15 MoT Reg 28/2022
Article 16 MoT Reg 28/2022
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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