Port State Control and Classification Societies in Indonesia

Originally published in Lexology Panoramic: Shipping 2027.

By Setyawati Fitrianggraeni, S.H., LL.M., FCIArb., FAIADR, Reynalda Basya Ilyas, and Tiyana Sigi Pertiwi, S.H., LL.M.

In brief

Port state control in Indonesia is exercised by the Port Authority and Harbourmaster Office (KSOP) under the Ministry of Transportation, and its inspectors may detain a foreign vessel that fails seaworthiness requirements until the identified hazards are removed. Separately, every Indonesian-flagged vessel must be classed either by the national classification society, PT Biro Klasifikasi Indonesia (Persero) (BKI), or by one of 13 approved foreign classification societies. This part explains who inspects, what sanctions apply, how a detention can be challenged, which societies are approved, and when a classification society can be held liable. The law is stated as at 22 May 2026.

Port state control: the authority

The port state control function in Indonesia is conducted by the sailing safety, guarding and patrolling sector of the KSOP (Port Authority and Harbourmaster Office), which is the Technical Implementation Unit under the Directorate General of Sea Transportation of the Ministry of Transportation, tasked with supervising and enforcing laws in the field of shipping safety, coordinating government activities, and supervising port activities. It is regulated under article 208 of the Shipping Law, Minister of Transportation Regulation (MoTR) No. PM 119/2017, and MoTR No. PM 16/2023.

Under MoTR No. PM 119/2017, a port state control officer (PSCO) is a person who is a civil servant within the Directorate General of Sea Transportation, appointed by the Harbour Master and authorised to perform the duties of inspecting the seaworthiness and security of foreign vessels.

Port state control: sanctions

Under article 6(4) of MoTR No. 119/2017, foreign vessels which are found by the PSCO, after a physical and administrative checking, to have failed in fulfilling the requirements of seaworthiness as set forth in the provisions of IMO Resolution A.1052(27) and the Tokyo Memorandum of Understanding (MoU) guidelines, are to be declared by the PSCO as having a “detainable deficiency”, and would subsequently receive from the PSCO a notice of “detention of a vessel”. The PSCO would then perform their obligations under section 3.7 of the Tokyo MoU guidelines to detain a vessel until the hazards which the PSCO had identified in the vessel have been removed. The same applies to Indonesian ships which are found by the PSCO and the marine inspector to have failed in fulfilling the requirements of seaworthiness in accordance with relevant international conventions.

Port state control: appeal against detention

In the context of vessel detentions due to the failure of the vessel to fulfil the seaworthiness requirements of the relevant international conventions, the shipowner or operator may submit a complaint against the PSCO’s decision to detain a vessel under detainable deficiency pursuant to MoTR No. 119/2017. A follow-up or re-inspection can be requested, and there will be a non-tax state revenue tariff imposed to the amount of US$350, as regulated by Government Regulation No. 15 of 2016 concerning the type and tariff of non-tax state revenue at the Ministry of Transportation.

Additionally, article 11 of MoTR No. 119/2017 provides that the flag state may submit a report to the Tokyo MoU panel to conduct a review (a detention review panel) to obtain clarity with regard to the procedure and technical aspects used by the PSCO in stating the results of the inspection.

Classification societies: approved societies

Through Ministry of Transportation Decree No. KM 112 of 2021, the Indonesian government, represented by the Ministry of Transportation, appointed BKI (PT Biro Klasifikasi Indonesia (Persero)) as the party authorised to conduct surveys and statutory certifications on behalf of the Indonesian government in respect of ships flying the Indonesian flag, thus delegating BKI as Indonesia’s Recognised Organisation for the purposes of the 1974 SOLAS Convention, the 1966 Load Lines Convention, and the MARPOL Convention.

Under article 3 of MoTR No. PM 61/2014 on amendments to MoTR No. PM 7 of 2013 on Classification Obligations for Indonesian Flag Ships at Classification Bodies, the approved foreign international classification societies are:

Every Indonesian-flagged vessel must be classed either by BKI or by one of the aforementioned approved foreign classification societies that have fulfilled the statutory requirements, including having an Indonesian national surveyor in all of their Indonesian branch offices.

Classification societies: liability

MoTR No. 61/2014 does not provide any provisions on whether a classification society can be held liable, either through civil, administrative, or criminal sanctions. The Agreement between the Ministry of Transportation and BKI, as provided for under the IMO Recognised Organisations (RO) Code, has not been made public by the Directorate General of Sea Transportation. As such, provisions pertaining to standards of accountability for BKI, including any potential sanctions for their violation, are unknowable as of the current moment.

In the absence of specific statutory provisions, the circumstances in which a classification society may be held liable under Indonesian law must be assessed under general legal principles. The central challenge in any such claim is establishing causation: a classification society’s survey certificates are typically one link in a chain of events leading to loss or damage, and proving that the society’s negligent act or omission directly caused the harm is difficult. However, in practice, it is possible to file a civil claim against BKI on the grounds of unlawful acts, as was done in North Jakarta District Court Decision No. 418/Pdt.G/2017/PN Jkt Utr. The plaintiff demanded that BKI issue a class maintenance certificate; however, the claim was rejected, and further information on the panel of judges’ decision is not publicly available.

Related parts: Hub: Indonesia Shipping Law Guide 2027 | Part 2: Ship Registration and Mortgages in Indonesia: Eligibility, Documents, and the Mortgage Register | Part 7: Ship Arrest in Indonesia | Part 8: Judicial Sale of Vessels in Indonesia

For advice on port state control, vessel classification, and shipping disputes in Indonesia, contact Anggraeni and Partners at connect@ap-lawsolution.net.