MARITIME AND SHIPPING LEGISLATION AND REGULATION

 MARITIME AND SHIPPING LEGISLATION AND REGULATION

 Maritime and shipping legislation and regulation domestic laws establishing the authorities of the maritime and shipping Corps the Indonesian Maritime court or makamapulayaran is regulated on the law number 17 of 2008 regarding shipping as amended by law number 11 of 2020 regarding job creation the shipping load defined the maritime code as a panel of expert that is responsible to and under the Ministry of Transportation the court has the authority to conduct follow-up investigation of shipping accident and to enforce a professional code of ethic and competence for shipmaster or officer after a preliminary examination by the Harbor Master the maritime code also has the authority to examine collision between commercial ship and state ship as well as dead ship and warship nevertheless the maritime Court isn't considered as juridical court within the framework of Indonesia's legal system and at most is only able to issue administrative sanction moreover both the shipping law and the Indonesian Commercial Code.

 ICC provide the maritime claim may also be submitted to the Indonesian District Court Common Maritime claim include American casualties and collision cargo claim and passenger claim board State Control pursuant to article 218 of the shipping law a Harper master has the authority to conduct seaworthiness and safety inspection of Indonesian Flagship Harper Master can also conduct this inspection of foreign flagged ship at Indonesian Port among their powers Harbor Master have the authority to inspect fossil and seek information for the purpose of gathering evidence in relation to Marine casualties specifically regarding Port State Control minister of Transportation mod regulation number 119 of 2017 regarding foreign ship safety and safety check officers Divine Port State control a state supervision of the sea worthiness and safety of foreign ship entering ports to ensure the Fulfillment of requirement implemented by Harper master in general Sports State Control Officers appointed by the Harbor Master have the power to detain and delay the departure of a ship when the ships Disobedience of the aforementioned requirement threatened the safety of the ship human lift and or the maritime environment Indonesia Sports State control system has been put in place in reverence to the memorandum of understanding on board State Control in the asia-pacific region to which Indonesia is a second nature. 

 And the Tokyo MOU is specifically mentioned within Mot State Control Officers do not have any authority over Marine casualties such as grounding pollution or rack removal according to the government regulation number 30 of 2021 ship owners are responsible to manage grounding and rag removal however if within 180 days since the Collision the ship owner hasn't carried out the rack removal the removal must be carried out by the mot and the X-Men of the owner of the wreck if the position of the rack and or its cargo is disrupting the operation of the port and or polluting the maritime environment the Harbor Master May order the ship owner imatai little lift or get rid of the red and or its cargo additionally as written in section 3.1 of the Tokyo mou the authority of Port State Control Officers in connection with pollution matters is limited to inspecting a ship master of crew and their witness to prevent pollution Indonesia recently succeeded in fulfilling the right list criteria for the Tokyo mou which should help reinforce shipping Safety and Security in Indonesian Waters domestic legislation applicable to ship registration Indonesia shipping law provided as Indonesian vessel legal status is only valid if the vessel has already been registered in a certain jurisdiction first you want to mot regulation no PM 39 of 2017 regarding the registration and nationality of Basil vessel registration include the registration of the following ownership right granting of mortgage and other approprietary rights the mot has appointed the director general of sea transportation to oversee this process requirement for ownership of vessel in Indonesia the operation or use of a vessel requires registration and Licensing the owner of a vessel can register the vessel in Indonesia with a vessel titled transfer and registrar official appointed by the mot for a vessel to be registered it must have a minimum of seven gross Stone Age GT and be owned by an Indonesian citizen or an Indonesian legal entity that is majority Indonesian owned article 7 of mod provide that the following document must be submitted to vessel registration proof of title on the vessel identity of the vessel owner taxpayer registration number donate certificate proof of payment for the transfer of title and power of attorney.

 The Vessel registration application is submitted online through the electronic fossil registration system and within three working days The Vessel title transfer and register of visual will examine the application to ensure the completeness of the document a minutes of the assault registration will be issued if the requirement described above have been satisfied as stipulated by article 11 The Vessel owner will then retrieve a gross vessel registration deed temporary registration of vessel mot permits the temporary registration of vessel that are under construction in Indonesia or abroad this temporary registration will be made in the form of a temporary registration certificate the certificate will only be issued when construction of the whole main deck and the entire superstructure has been completed article 160 on the shipping law prohibit the Dual registration of vessel registration of mortgage thousand Mortgage in Indonesia fall under the authority and jurisdiction of the Ministry of Transportation virtual articles 28 and 29 of mod the beneficiaries for special mortgage may be Indonesian or foreign citizen Banks and financing or non-financing institution that's on mortgage with only be granted following the submission of an application to a vessel register accompanied by the following document credit or loan agreement original grocer of vessel registration deed or gross the deed of the vessel's title transfer and power of attorney in notorial deed form proxy.