Loading...
Cargo Claims and Ship Arrest in Indonesia: Legal Framework and Procedural Requirements
Understanding the legal framework for cargo claims and ship arrest in Indonesia is essential for maritime stakeholders. This article provides an in-depth look at the responsibilities of transport companies, the provisions for ship detention, and the procedural requirements for ship arrest under Indonesian law.
Cargo Claims
If cargo arrives delayed, lost, or damaged, what can the receiver do to secure their claim? Indonesia is not a party to the International Convention Relating to the Arrest of Seagoing Ships 1952 and the 1999 Convention. Article 41 of Law Number 17 of 2008 concerning Shipping, as amended by Government Regulation in lieu of Law Number 2 of 2022 regarding Job Creation and further enacted as Law Number 6 of 2023 on the Job Creation (“Shipping Law”) stipulates that if there is a delay, loss, or damage, it is the responsibility of the transport company unless the carrier can prove that the loss did not arise from its fault. To protect the transport company and guarantee any aggrieved party upon loss, Article 41 of the Shipping Law juncto Article 15 of Government Regulation Number 31 of 2021 of Management of The Shipping Sector provides that the transport company is mandated to insure the goods carried and/or their carrier services.
Ship Arrest
Detention of ships is regulated in Article 222 of the Shipping Law, which states that the harbourmaster can only detain ships at the port with a written court order. The detention is based on the reason that the ship in question is related to a criminal case or civil case. A “maritime claim” is a form of order to detain a ship in a civil case which is carried out without going through a lawsuit process. The “maritime claim” provisions that apply in Indonesia are the same as those regulated in the International Convention on Arrest of Ships 1999.
Procedural Requirements
For an arrest, are there any special or notable procedural requirements, such as the provision of a PDF or original power of attorney to authorize you to act? There are no special or notable procedural requirements specifically for authorization in the context of an arrest.
Conclusion
Navigating the legal landscape of cargo claims and ship arrest in Indonesia requires a thorough understanding of the applicable laws and regulations. While Indonesia is not a party to key international conventions, its domestic laws provide a clear framework for addressing these issues. By ensuring proper insurance coverage and adhering to procedural requirements, maritime stakeholders can effectively manage risks associated with cargo claims and ship detention.
DISCLAIMER:
This disclaimer applies to the publication of articles by Anggraeni and Partners. By accessing or reading any articles published by Anggraeni and Partners, you acknowledge and agree to the terms of this disclaimer:
No Legal Advice: The articles published by Anggraeni and Partners are for informational purposes only and do not constitute legal advice. The information provided in the articles is not intended to create an attorney-client relationship between Anggraeni and Partners and the reader. The articles should not be relied upon as a substitute for seeking professional legal advice. For specific legal advice tailored to your individual circumstances, please consult a qualified attorney.
Accuracy and Completeness: Anggraeni and Partners strive to ensure the accuracy and completeness of the information presented in the articles. However, we do not warrant or guarantee the accuracy, currency, or completeness of the information. Laws and legal interpretations may vary, and the information in the articles may not be applicable to your jurisdiction or specific situation. Therefore, Anggraeni and Partners disclaim any liability for any errors or omissions in the articles.
No Endorsement: Any references or mentions of third-party organizations, products, services, or websites in the articles are for informational purposes only and do not constitute an endorsement or recommendation by Anggraeni and Partners. We do not assume responsibility for the accuracy, quality, or reliability of any third-party information or services mentioned in the articles.
No Liability: Anggraeni and Partners, its partners, attorneys, employees, or affiliates shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use of the articles or reliance on any information contained therein. This includes but is not limited to, loss of data, loss of profits, or damages resulting from the use or inability to use the articles.
No Attorney-Client Relationship: Reading or accessing the articles does not establish an attorney-client relationship between Anggraeni and Partners and the reader. The information provided in the articles is general in nature and may not be applicable to your specific legal situation. Any communication with Anggraeni and Partners through the articles or any contact form on the website does not create an attorney-client relationship or establish confidentiality.
By accessing or reading the articles, you acknowledge that you have read, understood, and agreed to this disclaimer. If you do not agree with any part of this disclaimer, please refrain from accessing or reading the articles published by Anggraeni and Partners.
For further information, please contact:
P: 6221. 7278 7678, 72795001
H: +62 811 8800 427
Anggraeni and Partners, an Indonesian law practice with a worldwide vision, provides comprehensive legal solutions using forward-thinking strategies. We help clients manage legal risk and resolve disputes on admiralty and maritime law, complicated energy and commercial issues, arbitration and litigation, tortious claims handling, and cyber tech law.
S.F. Anggraeni
Managing Partner
Reynalda Basya Ilyas
Senior Associate
Melvin Julian
Middle Associate
