Indonesian Shipping Law: Arrest And Security

The Indonesian Shipping Law (Law No. 17 of 2008 regarding Shipping) provides that a vessel may be arrested by the harbormaster at the relevant port, based on a written court order that is issued if the vessel is involved in a criminal or civil case. The Shipping Law further provides that a court order for a vessel arrest in a civil case relating to maritime claims may be issued without initiating civil court proceedings. Further provisions on the procedures for vessel arrest at Indonesian ports are supposed to be provided by Minister of Transportation regulation. However, as of the date of this writing, such regulation has not been issued.

Security for maritime claims

Article 316 of the Indonesian Commercial Code ("ICC") provides that several receivables over a vessel are given priority right, namely (in order of priority):