Shipping Law In Indonesia – Cargo Claims

The Indonesian Commercial Code ("ICC") provides that a carrier is liable to provide compensation for any damages arising from its failure to deliver cargo, whether partially or entirely, or any damages to the cargo, unless such damage or failure to deliver was caused by force majeure.

Indonesia has not ratified the Hague/Hague-Visby/Hamburg/Rotterdam Rules.

In practice, either the shipper, the consigner, the lawful holder of the bill of lading, the cargo owner or the cargo insurer (by subrogating) is entitled to bring cargo claims against the carrier for loss or damages arising from the carrier's alleged default.

Article 513 of the ICC provides that if the bill of lading states that the "content/nature/amount/weight/size is unknown", or a similar clause to this effect, the carrier will not be responsible for any cargo claim, unless the carrier should have known the condition and type of the cargo or the cargo was quantified before the carrier.