Ship Arrest 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

Indonesia is not party to either international arrest convention, so ship arrest rests on the Shipping Law: a vessel involved in a criminal investigation or civil claim may be arrested by the harbour master under a written court order, and a vessel may also be arrested on a maritime claim by written court order without a lawsuit, although no implementing regulation yet explains how that second route works in practice. The Shipping Law lists 22 maritime claims that can ground an arrest, recognises maritime liens, and leaves several questions, including sister-ship arrest and wrongful arrest, to general principles and judicial discretion. The law is stated as at 22 May 2026.

International conventions

Indonesia is not party to either the International Convention Relating to the Arrest of Sea-Going Ships 1952 or the International Convention on the Arrest of Ships 1999.

Arrest routes and maritime claims

Arrest for criminal investigations and civil claims

Under article 222 of the Shipping Law, generally a ship that is involved in a criminal investigation or civil claim may be arrested by the harbour master, but only under a written court order.

Arrest based on maritime claims

Article 223 of the Shipping Law further suggests that there is another way to arrest a ship based on maritime claims (loosely translated from “shipping claims” in the elucidation of article 223(2)), namely, by way of a written court order without having to go through a lawsuit. However, until this date, there is no ministerial or implementing regulation as to how such ship arrests may be conducted in practice.

The Shipping Law defines maritime claims in relation to arrest of ships to be claims arising out of:

1. Loss or damage due to the operation of a ship.
2. Loss of life or fatal injury that occurs on land, in waters, or at sea caused by the operation of a ship.
3. Damage to the environment, ship, or cargo due to salvage operation activities or salvage agreements.
4. Damage or threat of damage to the environment, coastline, or other interests caused by a ship, including necessary costs required to take measures to prevent damage to the environment, ship, or cargo, as well as for the recovery of the environment as a result of the damage caused.
5. Costs or expenses in relation to lifting, removal, or repair against the ship, including costs of rescue of the ship and the ship’s crew.
6. Costs for the use, operation, or charter of a ship as provided in a charterparty or otherwise.
7. Transportation costs for cargo or passengers on board a ship as provided in a charterparty or otherwise.
8. Loss or damage to goods, including chests or suitcases transported on board a ship.
9. Loss and damage to a ship and cargo due to an accident at sea (general average).
10. Towage costs.
11. Pilotage costs.
12. Costs of goods, equipment, ship necessities, fuel oil or bunker, or ship tools, including containers provided for service purposes and ship supplies for the operation, upkeep, rescue, or maintenance of the ship.
13. Costs of construction, reconstruction, or reconditioning, repair, alteration, or completing ship supplies.
14. Fees for port, canal, dock, harbour, shipping lane, and/or other levies.
15. Salaries and other payables for a ship’s captain, officers, crew members, and others employed on board a ship, including repatriation and social insurance costs for their interests.
16. Financing or disbursements incurred for the interest of the ship on behalf of the shipowner.
17. Insurance premiums (including mutual insurance calls) for the ship, payable by the shipowner or by a charterer of a ship without the ship’s crew, or bareboat (demise) charterer.
18. Commission, fees, broker, or agency fees in relation to the ship, payable on behalf of the shipowner for charterers without the ship’s crew (demise charterer).
19. Costs of a dispute related to the ownership status of the ship.
20. Costs of a dispute between the co-owners of a ship related to the operation and revenue or mining products of the ship.
21. A mortgage fee on a ship or other encumbrance of a similar nature on the ship.
22. Costs of a dispute caused by a ship sale agreement.

Associated and sister ships

The Shipping Law does not regulate whether claims against associated or sister ships can be enforced or arrested in substitution in Indonesian jurisdiction.

Bareboat (demise) chartered vessels

The Shipping Law’s list of maritime claims under article 223 expressly refers to claims against a bareboat (demise) charterer in items 17 and 18 of the list above (lettered (q) and (r) in the chapter), indicating that a vessel operated under a bareboat charter may be arrested for claims arising against the bareboat charterer on those grounds.

Time-chartered vessels

The Shipping Law does not expressly address whether a time-chartered vessel may be arrested for a claim against the time charterer.

Maritime liens

Yes, Indonesia recognises the concept of maritime liens and has ratified the International Convention on Maritime Liens and Mortgages 1993 by the enactment of Presidential Decree No. 44 of 2005. Article 4 of this convention is reflected in article 65 of the Shipping Law, in which maritime liens are recognised as a preferred lien secured against others in the context of a civil lawsuit. Such maritime liens are as follows:

• Claims for wages and other sums due to the master, officers, and other members of the vessel’s complement in respect of their employment on the vessel, including costs of repatriation and social insurance contributions payable on their behalf.
• Claims in respect of loss of life or personal injury occurring, whether on land or on water, in direct connection with the operation of the vessel.
• Claims for reward for the salvage of the vessel.
• Claims for port, canal, and other waterway dues and pilotage dues.
• Claims based on tort arising out of physical loss or damage caused by the operation of the vessel other than loss of or damage to cargo, containers, and passengers’ effects carried on the vessel.

Wrongful arrest

The Shipping Law and any other Indonesian law do not regulate specifically on wrongful arrest of a vessel, nor do they prescribe a specific test for wrongful arrest. However, in general, if the grounds or conduct of arrest in civil or criminal proceedings are not in accordance with the prevailing laws (for example, conducted by authorities without lawful grounds or court order), then a wrongful arrest may be argued. In a wrongful or illegal ship arrest by authorities in criminal proceedings, for instance, a pre-trial review can be examined before the District Court to challenge the legality of the arrest. The arrested party may bring a claim for damages against the arresting party on the basis of tort.

Bunker suppliers

Under article 223 of the Shipping Law, cost-related bunkering activities provide a recognised basis for a maritime claim. However, there is no established case law on this point. In the absence of such guidance, and given that arrest under article 223 requires a court order, whether a bunker supplier’s claim against a charterer would be sufficient to ground an arrest would ultimately be subject to the presiding court’s assessment of the circumstances, including the nature of the contractual relationship and the basis of the claim.

Security

Article 722 of the Reglement op de Rechtsvordering (RV) (part of the Indonesian Civil Procedural Laws) allows the court to order the arresting party to pay a security (guarantee fee) upon the arrest of a ship. However, in practice, it is rare for courts to apply this provision, considering that the nature of such a provision is not imperative.

Indonesian law does not prescribe a specific method for calculating the amount of security required upon arrest, nor does it specify the form in which security must be provided. In the absence of statutory guidance, the amount and form of security would be determined at the court’s discretion, having regard to the circumstances of the case and the value of the claim. As the amount is determined by the court on a case-by-case basis, it may in principle be reviewed by the court if circumstances change. Whether security may exceed the value of the vessel is similarly not addressed by statute and would be subject to the court’s discretion; there is no express statutory cap linking security to vessel value.

Formalities for the arrest application

There are no specific formalities prescribed for making an arrest application in Indonesia. However, the following general requirements apply.

Power of attorney. Where arrest is sought through civil or criminal proceedings, a power of attorney (PoA) authorising the lawyer to act must be provided to the court or, in criminal proceedings, to the police. Where the PoA is issued in a foreign language, it must be accompanied by an Indonesian language version. Where the PoA is executed outside Indonesia, it must be notarised by a public notary and legalised by the Indonesian diplomatic representative in the country of execution. However, where the country of execution is a party to the Apostille Convention, legalisation by the Indonesian diplomatic representative is not required, as an apostille certificate suffices.

Apostille Convention. Indonesia is a party to the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents 1961, which entered into force for Indonesia on 4 June 2022 pursuant to Presidential Regulation No. 2 of 2021.

Translations. All documentary evidence submitted to court in a foreign language must be accompanied by a formal sworn Indonesian translation.

Originals, electronic filing, and timing. Indonesian courts generally require original documents. Electronic filing is available through the Supreme Court’s e-court system for registered users, though practice varies by court. There is no prescribed minimum notice period for preparing an arrest application; timing will depend on the complexity of the case and the relevant court’s administrative requirements.

Ship maintenance during arrest

Indonesian law does not specifically regulate the responsibility for vessel maintenance during arrest. In practice, this cost is usually borne by the owner or operator of the vessel, or the arresting party.

Proceedings on the merits

Generally, in the context of ship arrests by way of filing civil claims or criminal lawsuits before the Indonesian court by way of article 222 of the Shipping Law, the party aiming to arrest a ship must first submit a claim on its merits before the Indonesian court, in addition to submitting other requests, such as requests to obtain security by arresting the vessel before the same court that has jurisdiction over the claim.

The Shipping Law is silent as to whether it is possible to apply for a ship arrest in Indonesian territorial waters based on foreign proceedings on the merits pursued in other jurisdictions. If the arrest is ordered based on a final and binding judgment of a foreign national court, Indonesian law does not allow direct enforcement, and thus a new lawsuit must be filed, as per article 436 of the RV.

On the other hand, if the ship arrest is ordered by a foreign arbitral award, the enforcement thereof in Indonesian territory may be done once the party registers the foreign arbitral award in the Central District Court of Jakarta, considering that Indonesia is a party to the New York Convention 1958 and in accordance with Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution.

Injunctions and other forms of attachment

Based on article 1131 of the Indonesian Civil Code, security attachment of the defendant’s goods can be carried out on movable and immovable goods, both existing and future. Furthermore, based on article 226 of the Revised Indonesian Regulation (HIR), it is stated that in principle an owner of any goods that is not permanent can submit a request orally or by letter to a judge to have the goods, which is in the hands of another person, be confiscated.

With regard to ship arrests, the claimant in a civil lawsuit can request attachment of the opposing party’s known assets other than the vessel to obtain monetary security before the final court decision. According to Indonesian law, there are several types of attachment order that can be requested from the panel of judges, namely security attachment for the defendant’s goods (conservatoir beslag) and security attachment for the plaintiff’s goods (revindicatoir beslag). However, it is important to note that in the Indonesian Civil Procedural Law as stipulated in Supreme Court Circular Letter No. 5 of 1975 (SCCL 5/1975), the judges presiding over a case are advised to be extremely careful when considering granting conservatory attachment or security attachment prior to a final decision, noting that there should be an examination on the merits requested by the claimant for the same and that the value of the object being requested for attachment should not too far exceed the value of the claim.

Delivery up and preservation orders

Indonesian law does not regulate orders for delivery up or preservation of evidence or property.

Bunker arrest and attachment

Indonesian law does not regulate the arrest of bunkers separately from the arrest of the vessel. The Shipping Law only regulates the arrest of vessels.

Related parts: Hub: Indonesia Shipping Law Guide 2027 | Part 2: Ship Registration and Mortgages in Indonesia: Eligibility, Documents, and the Mortgage Register | Part 6: Collision, Salvage, Wreck Removal, and Pollution in Indonesia | Part 8: Judicial Sale of Vessels in Indonesia

For advice on ship arrest, maritime liens, and shipping disputes in Indonesia, contact Anggraeni and Partners at connect@ap-lawsolution.net.