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:
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:
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.
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:
- the vessel must be at least having 7GT
- 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
- the vessel is not being registered in another country’s registry (Art. 160.1 of the Law)
- 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)
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:
- evidence of vessel ownership;
- identity of the vessel’s owner;
- tax Identification Number (NPWP) of the vessel’s owner;
- measurement certificate;
- ship’s safety assessment report;
- evidence of payment for applicable taxes; and
- recommendation letter from the Ministry of Maritime and Fishery Affairs for fishing vessels
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.