LP 38/2019 Vessel Detentions in Indonesia

Following the warning on detentions by the Indonesian Navy in LP 04/2019, the Club has observed some more incidents where vessels anchored in Indonesian waters were detained for investigations – a total of 16 cases since February 2019 according to local correspondents’ statistics. Based on the information we gathered, this article is prepared to provide further clarification for Member’s reference.

I.     Background

There has been a long-standing territorial dispute over the Outer Port Limit (OPL) of Singapore where three countries – Malaysia, Singapore and Indonesia – claim jurisdiction over different parts of the area. The last two have signed three treaties, respectively in 1973, 2009 and 2017, relating to the delimitation of their territorial seas. However, the treaties did not resolve the dispute over waters around Bintan Island and Pedra Branca, which is a more complicated issue involving also Malaysia.

Subsequently, an increased number of vessels in the Eastern portion of the Singapore Strait, at least 3 in October 2019 alone, have been detained allegedly for illegal anchoring, as they had no port clearance to sail or anchor in Indonesian waters. Detailed explanation on OPL anchorages can be found in LP 12/2019 Anchoring OPLs off Singapore is No Longer an Option.

II.     Complexity in the release procedure

The adjudication and release of detained vessels may involve different Indonesian authorities, and the more parties are involved, the more complicated the issue is.

In some cases, like when vessel A is forced to temporarily anchor in Indonesian waters for engine trouble, it’s Indonesian immigration officers who will be boarded for investigations. While in other cases, it might be officers from Indonesia Navy and port authorities that detain vessels and conduct subsequent investigations.

Additionally, officers from both the central and local division of Indonesian Navy may be engaged but the information is not shared and internally communicated. Hence, it’s possible that vessels will be subject to prolonged procedures, not to mention that the port authorities can make things more difficult even after the Navy investigations.

III.     Uncertainty in the result

The legal procedures of getting a vessel released remain unclear and there’s no guarantee that the vessel can be released. It’s advisable to:

1)      reach out to the embassy and consulates for coordination with local authorities;

2)      resort to legal proceedings;

3)      contact local correspondents for negotiation.

It’s noteworthy that when resorting to legal proceedings, officers on the detained vessel may be punished with imprisonment for a maximum of 1 year and/or fine sentence at the maximum of one hundred million Rupiah (about USD$7,000) in accordance with Article 113 and 114 of the Indonesian Immigration Law (UU No.6 2011).

IV.     Uncertainty in the duration

So far there has been no timetable, or any public information can be referred to in terms of how long the vessel can be released, which according to local correspondents is dependent on the way it’s handled by the owner. Vessels in previous cases were detained for different durations, lasting from weeks to months and sometimes up to half a year.

V.       Advise to Members

1)      Do not anchor in/around Indonesian territorial waters without checking the position with local agents.

2)      For vessels that need to anchor in Indonesian waters, an agent should be appointed to submit PKKA (Foreign Ship Agency Approval) in compliance with local regulations.

For further information, please contact your manager at the Club.