Ship Collision And Salvage In Indonesia

Indonesia has ratified the 1972 International Regulations for Preventing Collisions at Sea, by way of Presidential Decree No. 50 of 1979, but has not ratified the Convention for the Unification of Certain Rules of Law with respect to Collisions between Vessels. Liability in the event of ship collisions is also regulated by the Indonesian Commercial Code (ICC).

Article 535 of the ICC provides that, if a vessel collision occurs due to an accident or an act of force majeure, or if there is doubt concerning the cause of the collision, damages shall be borne by those who have suffered losses. Pursuant to Article 536 of the ICC, if a vessel collision is the fault of one of the colliding vessels, the damages shall be borne by the vessel entrepreneur (pengusaha kapal) who has committed the fault.