By Setyawati Fitrianggraeni

As a country with 17,380 islands,[1] Indonesia heavily relies on water transportation to connect one island to another. However, recent maritime accidents show how maritime safety still tends to be overlooked. Safety and security of water transportation is highly crucial, not only for the crews, but also to the passengers, goods, and environment. The applicable laws and regulations in Indonesia have set forth obligations regarding maritime safety and security, one of them being ensuring seaworthiness of the ship.[2]

What is considered as Seaworthiness?

Based on Article 1 number 31 of Shipping Law, Seaworthiness is defined as the condition of a ship sailing in certain waters that meets the requirements for:

1. ship safety;
2. prevention of water pollution from ships;
3. manning;
4. ship loading lines and loading,
5. welfare of the crew and health of passengers,
6. legal status of the ship,
7. safety management and prevention of pollution from ships; and
8. security management of the ship.

As the definition itself stipulates, seaworthiness goes beyond the technicalities of the ship itself, but including the crews’ competence and welfare, legality of the ship, and even the health of passengers. The Shipping Law has provided further elaborations on each of the requirements. Fulfilment of these requirements is marked by a certificate and ship papers.[3]

Fulfilment of ship safety for seaworthiness is regarding every procurement, construction, work on ships, equipment, and operations in the Indonesian waters.[4] The national government will grant a safety certificate if the ship safety requirement is fulfilled.[5] The captain of the ship has the obligation to ensure that his ship has fulfilled the seaworthiness and report it to the harbor master. If it is found that the ship is not seaworthy, the captain has the rights to refuse to sail his ship.[6]

Seaworthiness of High Speed Vessels

The Ministry of Transportation provided a more specific regulation regarding seaworthiness for high speed vessels, which is Ministry of Transportation Regulation Number PM 12 Year 2022 concerning the Seaworthiness of High Speed Vessels with Indonesian Flag (“MOTR 12/2022”). MOTR 12/2022 applies for ships that has maximum speed of or more than the formulation of 3,7▽0,1667 (m/s) or 7.192▽0,1667 (knot) in which ▽= volume displacement in cube meter (m3) on the waterline/water load plan.[7] High speed passenger vessels specifically is high speed vessels that is designed and functioned to carry more than 12 (twelve) passengers.[8] This regulation then categorize High Speed Vessels as High Speed Passenger Vessels and High Speed Cargo Vessels[9].

MOTR 12/2022 sets forth a general requirement regarding High Speed Vessels, as follows:[10]

1. the shipowner or ship operator conducts strict control over the operation and maintenance of the ship’s safety management provisions;
2. the shipowner or operator must ensure that only persons qualified to operate the specific type of ship are used on the designated route;
3. the permitted route and adverse conditions under which High Speed Vessels may operate must be limited;
4. the vessel must be located within close proximity to a shelter to facilitate rescue in an emergency;
5. safety equipment, fire prevention, navigation and communication, and weather forecasting must be available and ready for use on board; and
6. high-risk fire areas, such as engine rooms and special-category spaces, must be protected with fire-resistant materials and fire-extinguishing systems.

The seaworthiness requirements adhere to the provision stipulated by Shipping Law. Article 10 of MOTR 12/2022 provides a clarity on ship safety requirement that applies to High Speed Vessels which are regarding the technical specifications of:[11]

1. material;
2. ship construction and building;
3. layout;
4. stability;
5. machinery and electrical requirement;
6. equipment including safety equipment; and
7. ship radio electronics.

Other than these technicalities, the ship crews must be familiarized and certified with Brevet A and/or Brevet B.[12]

The High Speed Vessels are subject to initial inspection, annual inspection, renewal inspection, and/or additional inspection.[13] These inspection is to obtain a High Speed Vessel Safety certificate and/or the endorsement of it by the Directorate General. The certificate is issued for maximum period of 5 (five) years along with issuance of permit to operate.[14]

References

Law Number 17 Year 2008 concerning Shipping as amended by Government Regulation in Lieu of Law Number 2 Year 2022 and Law Number 66 Year 2024

Ministry of Transportation Regulation Number PM 12 Year 2022 concerning the Seaworthiness of High Speed Vessels with Indonesian Flag

“Indonesia’s geospatial agency identifies 63 new islands in 2024”, dated 12 December 2024, published at Antara News, https://en.antaranews.com/news/337912/indonesias-geospatial-agency-identifies-63-new-islands-in-2024

[1] “Indonesia’s geospatial agency identifies 63 new islands in 2024”, dated 12 December 2024, published at Antara News, https://en.antaranews.com/news/337912/indonesias-geospatial-agency-identifies-63-new-islands-in-2024

[2] Article 117 paragraph (1) letter a of Law Number 17 Year 2008 concerning Shipping as amended by Government Regulation in Lieu of Law Number 2 Year 2022 and Law Number 66 Year 2024 (“Shipping Law”)

[3] Article 117 paragraph (3) of Shipping Law

[4] Article 124 of Shipping Law

[5] Article 126 of Shipping Law

[6] Article 138 of Shipping Law

[7] Article 1 number 1 of Ministry of Transportation Regulation Number PM 12 Year 2022 concerning the Seaworthiness of High Speed Vessels with Indonesian Flag (“MOTR 12/2022”)

[8] Article 1 number 2 of MOTR 12/2022

[9] Article 3 of MOTR 12/2022

[10] Article 8 of MOTR 12/2022

[11] Article 10 of MOTR 12/2022

[12] Article 45 paragraph (1) and (2) of MOTR 12/2022

[13] Article 51 of MOTR 12/2022

[14] Article 56 paragraph (1) of MOTR 12/2022

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Setyawati Fitrianggraeni serves as Managing Partner at Anggraeni and Partners in Indonesia and Assistant Professor at the Faculty of Law, University of Indonesia, while pursuing her PhD at the World Maritime University in Malmö, Sweden, where she leads a legal research team focused on Ocean Maritime Climate.

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fitri@ap-lawsolution.net