Indonesian Shipping Law – Arrest And Security - 2020

Law No. 17 of 2008 regarding Shipping (the "Shipping Law") 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 ("MOT") regulation. However, as of the date that this was written, such regulation has not been issued.

As discussed above, the Shipping Law 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. Claims arising from the sale and purchase of a ship constitute a civil case. Thus, the plaintiff in such