REGISTRATION OF A VESSEL AS INDONESIAN VESSEL

Registration of a Vessel as Indonesian Vessel   

Based on the Ministry of Transportation Regulation No. PM 39 Year 2017 dated 10 May 2017

 

As required under Art. 158 of the Law No.17/2008 on Shipping, a vessel/ship which has been measured as evidenced under its Measurement Certificate can be registered with the Vessel’s Registrar (the Ministry of Transportation) subject to meeting of certain requirements. For this registration purpose, vessels are divided   into 3 types: (i) sea-vessels, (ii) fishery vessels, and (iii) river and lake vessels and must meet the following conditions: 

  1. the vessel  must be  at least having  7GT
  2. the vessel  shall be owned by Indonesian individuals or Indonesian legal entities  companies or Indonesian Joint Venture  companies with majority share (51%) owned by Indonesians
  3. the vessel  is not being  registered in another country’s registry  (Art. 160.1 of the Law)
  4. the foreign vessel  shall have a deregistration certificate from the relevant authority of the country the ship originally registered if intends to be registered in Indonesia. (Art. 160.2 of the Law)

Registration has to be applied by  owner of the vessel in writing to the Registrar which is the Ministry of Transportation  cq. Directorate General of Sea Transportation – Directorate of Vessels and Seafarer  at certain sea ports determined by the Minister of Transportation.

Recently the Minister of Regulation has amended vessel registration rules under the Ministry of Transportation Regulation No. PM 39 Year 2017 dated 10 May 2017 on Registration and Nationality of Vessel (MOTR 39/2017) which revoked previous rules under the Ministry of Transportation Regulation No.13 Year 2012. Based on this MOTR 39/2017, the application of vessel registration must be supported with:

  1. evidence of vessel ownership;
  2. identity of the vessel’s owner;
  3. tax Identification Number (NPWP) of the vessel’s owner;
  4. measurement certificate;
  5. ship’s safety assessment report;
  6. evidence of  payment for applicable taxes; and
  7. recommendation letter from the Ministry of Maritime and  Fishery Affairs for fishing vessels

Registration fee for registration at the Registrar currently is based on the Government Regulation No.15/2016 on the Type and Tariff of non- Tax State’s Revenue Applicable at the Ministry of Transportation. As evidence of registration, the owner shall be granted a Deed of Registry and

therefore as Indonesian Vessel the ship shall be subject to Indonesia jurisdiction and regulations, including  that based on the Article 136 and 165 of the Shipping Law that  the ship captain  (Nakhoda) and its  crew shall be Indonesians citizens  and that the vessel shall fly Indonesian flag as a sign of Nationality.  

MOTR 39/2017 also regulates a temporary registration deed for vessel which is still under construction, either built in Indonesia or in another country; Transfer of vessel ownership and application to obtain change of ownership deed (Akta balik nama Kapal), Vessel Deregistration, and Vessel Mortgage registration.

 

Disclaimer: This article is intended as general information only and it does not constitute a legal advice. We accept no responsibility for any loss that may arise from reliance on this information. Please contact us if you need full legal advice.