Our Partner for Shipping and Maritime team, I Ketut Dharma Putra Yoga (Yoga), is an accomplished Indonesian lawyer who has assisted a range of clients with shipping-related issues, including both wet and dry shipping. Given his understanding of the needs of clients and potential clients in the sector, he provides several key shipping issues in Indonesia to help clients and potential clients grasp the basic legal solutions, as shown below.
[title text=”Time Bar”] [accordion] [accordion-item title=”What is the time bar for filing a cargo claim in Indonesia?”]1 (one) year after the delivery of goods or after the date of which the goods should have been delivered.
[/accordion-item] [accordion-item title=”What is the time bar for filing a collision claim in Indonesia?”]2 (years) since the day of collision or the damage occurred.
[/accordion-item] [accordion-item title=”What is the time bar for exercising maritime lien claim in Indonesia?”]Indonesian law does not regulate a general time bar for exercising maritime lien claim. However, Indonesian law does provide specific time bar for certain claims related to maritime lien.
[/accordion-item] [accordion-item title=”Is there a way to prevent the time bar under Indonesian law?”]Yes, the claimant may file a claim against the defendant within the time bar period to prevent the time bar, such as through a demand letter.
[/accordion-item] [/accordion] [/col] [/row] [/section] [section label=”Court Decisions”] [row] [col span__sm=”12″] [title text=”Enforcement”] [accordion] [accordion-item title=”Does Indonesia have a specialized maritime court to adjudicate shipping cases?”]No, all shipping cases are examined in the relevant district court.
[/accordion-item] [accordion-item title=”Can a foreign court judgment on a shipping case be enforced in Indonesia?”]No, the enforcing party must initiate a new proceeding in the relevant Indonesian court.
[/accordion-item] [accordion-item title=”Can the vessel be arrested on the ground of international arbitral award?”]Yes, but the international arbitral award must first be registered with the Central Jakarta District Court, or, the claimant may liaise directly with the relevant harbor master, presenting such award and request an arrest.
[/accordion-item] [/accordion] [/col] [/row] [/section] [section label=”Limitation of Liability”] [row] [col span__sm=”12″] [title text=”Limitation of Liability”] [accordion] [accordion-item title=”How is the calculation of the limitation of liability in a collision case?”]Indonesian Commercial Code provides limitation of liability up to the amount of 50 Dutch East Indies Guilder per cubic metre of the net tonnage of the vessel. However, no Indonesian court has established precedents regarding the determination of liability limitation.
[/accordion-item] [accordion-item title=”How does a collision affect the parties’ liability?”]Indonesian law limits the liability based on the proportion of the parties’ faults.
[/accordion-item] [accordion-item title=”What are the conditions for breaking the right of limitation of liability under Indonesian law?”]The conditions are, among others, the involved parties’ consent and failure of the shipper to inform the nature and value of the goods to the carrier properly.
[/accordion-item] [/accordion] [/col] [/row] [/section] [section label=”Arrest of Vessel”] [row] [col span__sm=”12″] [title text=”Arrest of Vessel”] [accordion] [accordion-item title=”What is the ground to arrest the ship in Indonesia?”]The vessel may be arrested in the event that she is involved in a criminal or civil case.
[/accordion-item] [accordion-item title=”What is Indonesia’s civil procedure for arresting ships?”]The claimant seeking to enforce ship arrests shall file a formal application with an Indonesian court for a conservatory attachment order.
[/accordion-item] [accordion-item title=”Can a sister/associated vessel be arrested in Indonesia?”]No, Indonesia also does not adopt the concept of sister ships.
[/accordion-item] [accordion-item title=”How long does it take to arrest a ship in Indonesia?”]Indonesian law provides no timeline on the process of ship arrest.
[/accordion-item] [accordion-item title=”What is the estimated cost for arresting a vessel in Indonesia?”]It would depend on, among others, the location of the vessel in Indonesia as it will involve different local authorities (e.g., district court).
[/accordion-item] [accordion-item title=”Should the claimant pay a guarantee fee to the court to arrest the ship in Indonesia for compensation in the event of a wrongful arrest?”]No. However, legally speaking, the court may ask to do so.
[/accordion-item] [accordion-item title=”Does Indonesian court recognize the Letter of Undertaking (LoU) issued by P&I Clubs?”]In practice, a bank guarantee or corporate guarantee is commonly acknowledged by Indonesian court.
[/accordion-item] [/accordion] [/col] [/row] [/section] [section label=”Registration of Vessel”] [row] [col span__sm=”12″] [title text=”Registration of Vessel”] [accordion] [accordion-item title=”What are the requirements for the vessel to be registered under the Indonesian flag?”]A vessel eligible for registration in Indonesia must: have a minimum of 7 GT, be owned by an Indonesian citizen or legal entity, or be owned by a joint venture company whose majority of shares held by an Indonesian national or legal entity.
[/accordion-item] [/accordion] [/col] [/row] [/section] [section label=”Wreck Removal”] [row] [col span__sm=”12″] [title text=”Wreck Removal”] [accordion] [accordion-item title=”What is the time bar for the owners to conduct wreck removal after the vessel incident?”]The ship owner has an obligation to undertake wreck removal at the latest 180 (one hundred eighty) calendar days since the ship ran aground or sank.
[/accordion-item] [accordion-item title=”What are consequences if the owners do not conduct a wreck removal within a time bar period?”]The authority will take over the wreck removal at the expense of the owners. In some cases, the authority may also give sanction to relevant insurers (P&I Club), which could be in the form of services suspension for certification of insurance with respect of civil liability for oil pollution damage, civil liability for bunker oil pollution damage, etc.
[/accordion-item] [accordion-item title=”Does the Indonesian authority require a specific agreement for a wreck removal project?”]No.
[/accordion-item] [accordion-item title=”What are the sanctions if the owners do not have wreck removal insurance?”]The authority will refuse to offer operational support for the vessel. The authorities may also issue warnings, suspend or revoke licences.
[/accordion-item] [/accordion] [/col] [/row] [/section] [section label=”Compensation to Injured Crew”] [row] [col span__sm=”12″] [title text=”Compensation to Injured Crew”] [accordion] [accordion-item title=”How much compensation should be given to the injured crew by the shipping company?”]The shipping company shall bear the costs of medical treatments and medicines for the illness or injuries sustained by seafarers while onboarding the vessel.
[/accordion-item] [accordion-item title=”How long the shipping companies shall bear the cost of medical treatment to the injured or ill crews on board?”]In general, the shipping company shall bear the cost of medical treatment for at least 4 (four) months since the crew is injured or ill. If such injury is the result of a work-related accident, the period shall not exceed 12 (twelve) months.
[/accordion-item] [/accordion] [/col] [/row] [/section] [row] [col span__sm=”12″]Should you have any questions or require further discussion, please contact our Partner:
I Ketut Dharma Putra Yoga (Yoga)
E: [email protected]
P: +62823 7828 7888