SOLAS - Safety Regulation on Non-Convention Vessel in Indonesia

Table of Contents

1. General Overview
2. Indonesian Law Regarding Safety of Life at Sea
3. Indonesian Flagged Non-Convention Vessel Standard
4. Aspect of Non-Convention Vessel Standard

General Overview

Maritime-based tourism in Indonesia has been subject of interest amongst domestic and international tourist alike. Especially an ‘island-hopping’ tourism by using traditional vessel called ‘Pinisi’ that can sail on the coastal area of Indonesian archipelago. The increasing number of using traditional vessel also increase a number of growing concerns regarding the safety of voyage for utilizing ‘Pinisi’ vessel.

The ‘Pinisi’ vessel is classified as a non-conventional vessel due to the ‘Pinisi’ vessel is made out of wood material and weighed below 500 Gross Tonnage (“GT”), thus the ‘Pinisi’ vessel is not subject to provisions of Safety of Life at Sea convention 1974 (“SOLAS”). Nowadays, Indonesia continues to issue policies and regulations to support non-convention vessels that can attract tourism, create jobs, and bring many economic benefits.

This ARMA update will discuss the Non-Convention Vessels Standards substance and principles under Indonesian law.

Indonesian Law Regarding Safety of Life at Sea

SOLAS is a convention organized by International Maritime Organization which essentially provides the basis and principles of maritime safety that obliged to be implemented in shipping activities. According to SOLAS, for vessels up to 500 GT that sail in international waters are subject to SOLAS, whilst the vessels below 500 GT sailing in domestic and international waters are not subject to SOLAS. Therefore, vessels below 500 GT are referred to as Non-Convention Vessel which in principle possess its own maritime safety standards.

Indonesia was committed to implement safety of voyage by ratifying the SOLAS through Presidential Decree No. 65 of 1980. In Consequence, the Government of Indonesia through the Minister of Transportation issued the Minister of Transportation Regulation Number KM.65 of 2009 regarding Indonesian-flagged Non-Convention Vessel Standards (“MoT Reg 65/2009”) and enacted along with the technical instructions, namely the Director General of Sea Transportation Decree of No._UM.008-9-20-DJPL-2012 regarding Enforcement of Standards and Technical Instructions for Indonesian Flagged Non-Convention Vessel (“Director General Decree 2012”).

Indonesian Flagged Non-Convention Vessel Standard

Director General Decree 2012 distinguish the definition for non-convention vessels whereas all Indonesian-flagged non-convention vessels, both for old and new vessels that are not regulated in international conventions, obligated to implement standards and technical instructions for the implementation of non-convention vessels.¹

Further, the Director General Decree 2012 classifies the types of non-convention Indonesian-flagged vessels, as follows:²

• Passenger vessels that only sail in Indonesian waters;

• All merchant vessels that do not sail overseas;

• Goods carrying vessels with GT below 500 sailing overseas;

• Vessels that are not equipped by mechanical power (barges, pontoons and sailing vessels);

• Wooden boats or Motorized Sailing Boats (KLM) with propulsion engines;

• Fishing vessels;

• Cruise vessels;

• Vessels with new and unusual designs (novel);

• State owned vessel used for commerce activities; and

• All existing vessels, which underwent a change in function.

However, based on the Director General Decree 2012, there are exceptions to the application of standards and technical guidelines for the implementation of Indonesian-flagged non-convention vessels for:³

• Brand new constructed vessels whose keel is laid on or after January 1 2014; and

• Old building vessels whose docking schedule is carried out on or after January 1 2013.

Aspect of Non-Convention Vessel Standard

MoT 65/2009 stipulates the aspects that become standards for Non-Convention Vessels with Indonesian flags, as follows:⁴

• Vessel’s construction/building and vessel stability;

• Supply;

• Equipment;

• Machinery and electricity;

• Load line;

• Vessel’s measurements;

• Manning;

• Operational management (vessels safety and security management) and maritime environmental protection.

Furthermore, in order to carried out the implementation of non-convention vessels standards comprehensively, the evaluation of the implementation of non-convention vessels standards will be carried out by the Experts Forum which established by the Minister of Transportation by the suggestion of the Director General of Sea Transportation.

---

1. Article 1 (1) Director General Decree 2012

2. Article 1 (2) Director General Decree 2012

3. Article 2 Director General Decree 2012

4. Article 1 (2) MoT Reg 65/2009

---

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.

Authors

Related Updates

Latest Updates