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On April 28, 2022, the Minister of Transportation of the Republic of Indonesia promulgated Regulation No. PM 8 of 2022 concerning Procedures for Vessel Service Through Inaportnet (“PM 8/2022”). With the enactment of this regulation, Minister of Transportation Regulation No. PM 157 of 2015 concerning the Implementation of Inaportnet for Vessel and Goods Services at the Port as amended by the Minister of Transportation Regulation No. PM
192 of 2015 concerning Amendments to the Minister of Transportation Regulation No. PM 157 of 2015 concerning the Implementation of Inaportnet for Vessel and Goods Services at the Port (“PM 157/2015”) is revoked and declared no longer valid.
Based on Art. 1 par. (1) PM 8/ 2022, Electronic Port Service System or Indonesia Portnet, hereinafter referred to as Inaportnet, is a single service system for vessels and other activities related to vessels that are implemented electronically and standardized. Vessel services through Inaportnet are carried out by the technical implementing unit of the Directorate General of Sea Transportation (“Directorate General”) which includes: (i) Port Operators; and (ii) the Navigation District. These services are carried out at: (i) Ports and their anchorage areas that have not been commercially exploited; (ii) Terminals and their anchorage areas; (iii) Special Terminals and their anchorage areas;
(iv) Terminal for Own Interest; (v) Certain Areas in Waters that Serve as Ports; and (vi) Utilization of
coastlines.
There are various vessel services available through Inaportnet, namely: (i) Incoming vessels; (ii) Extension of mooring or anchoring period; (iii) Change of location of mooring or anchoring; (iv)
Vessel departure; and (v) Cancellation.
The application of Inaportnet for services is collaborated with the system at the National Single Window Institution, the Secretariat General, the Directorate General, Port Business Entities, and other relevant agencies. Additionally, the implementation can also be carried out by other government agencies based on the procedures for vessel service through Inaportnet in this Ministerial Regulation.
With respect to access rights to Inaportnet, Art. 5 par. (1) states that every Inaportnet user must have access rights. Users consist of: (i) Business Entities; or (ii) Natural persons. To obtain access rights, Inaportnet users must submit a registration application to the Port Operator.
The application is made through: (i) the Inaportnet domain address, or (ii) the domain address of the National Single
Window Institution.
Based on the provisions of Art. 14 par. (1), vessel entry services are carried out through the process of: (i) submitting notification of vessel arrival; (ii) submission of loading and unloading activity plans; (iii) submission of the vessel’s service and operation plan; (iv) determination of vessel service; (v) determination of the scouting and/or delaying of
the vessel; (vi) request for vessel maneuver; and (vii) submission of reports on the realization of scouting and/or delay of vessels. This process is conducted through the utilization of Inaportnet. For example, regarding notification of the arrival of a vessel, the vessel operator, vessel master, agent, general agent or sub-agent appointed must submit notification of the arrival of the vessel being operated or that he is an agent of, to the Port Operator. The notification is submitted by filling in the data and uploading the document via Inaportnet. Furthermore, the Port Operator will verify such notification. If the data and documents are declared complete and correct, the Port
Operator will send a notification of approval of the vessel arrival.
Furthermore, the procedure for the extension of the mooring or anchoring period, as well as the moving of mooring or anchoring location service is carried out by submitting an application to the Port Operator by the vessel operator, captain, agent, general agent, or appointed sub-agent.
1. Indonesia, Minister of Transportation of the Republic of Indonesia Regulation No. PM 8 of 2022 concerning Procedures for Vessel Service Through Inaportnet, State Gazette
of the Republic of Indonesia Year 2022 No. 474, Art. 65.
2.Ibid, Art. 2 par. (2) and (3).
3.Ibid, Art. 2 par. (4).
4.Ibid, Art. 2 par. (5).
5.Ibid, Art. 3.
6.Ibid, Art. 4.
7.Ibid, Art. 5 par. (3), “Business Entities consist of: a. national sea transportation company; b. executor of special sea transportation activities; c. People-shipping sea
transportation company; d. national vVessel agency company; e. loading and unloading company; f. Port Business Entity which manages the terminal and its anchorage
area; g. Port Business Entities that have been delegated the authority to carry out scouting and/or delay of vVessels; h. Special Terminal manager; i. Terminal manager for
Own Interest; j. Managers of Certain Areas in Waters that Function as Ports; k. managers of shoreline utilization activities; and l. oOther Business Entities operating in the
Port to support vVessel activities”.
8.Ibid, Art. 5 par. (4), “Natural pPersons consists of individuals managing shoreline utilization activities or Vessel Master”.
9.Ibid, Art. 5 par. (5) and (6).
10.Ibid, Art. 15 par. (1).
11.Ibid, Art. 5 par. (3).
12.Ibid, Art. 16 par. (1).
13.Ibid, Art. 16 par. (3).
14.Ibid, Art. 31 par. (1).
15.Ibid, Art. 35 and 36.
The application is submitted by filling in data and uploading documents via Inaportnet. The Port Operator will then verify the application. If the data and documents are declared complete and correct, the Port Operator shall send notification of approval for the extension of the mooring or anchoring period, or the moving of the mooring or anchoring location.
Besides that, vessel departure service is carried out through the following processes: (i) submission of notification of vessel departure; (ii) issuance of tutelage work orders; (iii) request for vessel maneuver; (iv) payment of non-tax state revenue; (v) application for Sailing Approval Letter; and/or (vi) submission of the report on the realization of
the scouting and/or delay of the vessel. This process is also conducted through Inaportnet. With respect to notification of vessel departure, it is submitted to the Port Operator by filling in data and uploading documents through Inaportnet.
The Port Operator will then verify such notification. If the data and documents are declared complete and correct, the Port Operator will send a notification of approval of the vessel’s departure.
Inaportnet access rights holders are required to: (i) use their access rights to apply for services or provide services at least once a year; (ii) re-register the notification to conduct business activities of the Business Entity; and (iii) extend or renew the business license of the Business Entity. Access rights holders are also prohibited from abusing their access rights.
Access holders who violated the above obligations are subject to administrative sanctions through the following stages: (i) written warning; (ii) suspension of access rights; and (iii) revocation of access rights. Whereas, access rights
holders who abused their access rights are subject to administrative sanctions in the form of: (i) suspension of access rights; and (ii) revocation of access rights.
Based on the explanation above, it can be concluded that there are various services available through Inaportnet, namely services related to incoming vessels, extension of the mooring or anchoring period, change of mooring or anchoring location, vessel departure, and cancellations. Such services can be used by various parties including Business Entities and individuals.
The implementation of Inaportnet allows for convenience in the implementation of and access to various vessel services through an electronically integrated system. Additionally, with the issuance of PM 8/2022 regarding Procedures for Vessel Service Through Inaportnet, it is hoped that such regulation could provide guidelines for implementing parties and service users through Inaportnet, and could ensure services are used properly, especially taking into account the provisions regarding administrative sanctions. (IAD)