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ARTICLE · 25 NOVEMBER 2020

Indonesia Shipping Law – Maritime Claims

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Maritime claims are already regulated in Indonesia under Law No. 17 of 2008 regarding Shipping (the "Shipping Law").

IndonesiaTransport

Maritime claims are already regulated in Indonesia under Law No. 17 of 2008 regarding Shipping (the "Shipping Law"). However, under the elucidation of Article 223 of the Shipping Law, maritime claims are conducted in accordance with the provisions on vessel arrest. 

According to Article 222 of the Shipping Law, requests for vessel arrests are submitted to the local District Court (Pengadilan Negeri). Indonesia has not enacted an implementing regulation on the procedure for vessel arrest in Indonesia.  Thus, there is no typical procedure or timescale applicable to maritime claims.

Arbitration and Mediation

Indonesia does not have a specialist arbitral body dealing with maritime dispute. As such, maritime disputes may be referred to the Indonesian National Arbitration Center (Badan Arbitrase Nasional Indonesia or "BANI"), established under Law No. 30 of 1999 regarding Arbitration and Alternative Dispute Resolution.

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