LP 04/2019 Vessel Detentions by the Indonesian Navy

The Club has recently seen an increase of incidents where the Indonesian Navy have detained vessels anchored in waters around the island of Bintan, in the Eastern portion of the Singapore Straits. The island, believed to be OPL Singapore, is known as a popular place to anchor (“waiting for orders”) for being close to shipping lanes. However, these waters are within Indonesian territorial waters.

We are currently aware of 20 detentions in Indonesia. Each case is different, but there are a majority of cases where it is alleged ‘illegal anchoring’. The correct procedure of how to deal with this once the vessel is detained is not yet established, which is frustrating for Members and the Club. For the moment, we follow the directions given by the Navy and it usually requires the appointment of lawyers to deal with the statutory aspects of detentions.

Legal basis

As a matter of fact, the detentions by the Indonesian Navy are not ungrounded.

1.      Article 17 of the United Nations Convention on the Law of the Sea (UNCLOS) has provided that “ships of all states, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea” and “the passage shall be continuous and expeditious” (art.18.2). In practice, this means the vessel cannot stop except when forced to incidentally stop for reasons of safety, danger or distress. Therefore, STS operations, crew change or taking stores are not deemed as an incidental stop and the right of innocent passage is lost. Same rules can be found also in Art. 194.1, Indonesian Law No.17 of 2008.

2.      The Indonesian Law of shipping (No.17/2008) has also provided that when a vessel is located within the territorial waters, it needs to be cleared in and out of Indonesia. This also applies if the vessel is only anchored and has no intention of ‘interacting’ with Indonesia, such as cargo operation, taking supplies, crew change, etc. An agent needs to be appointed. It has often been overlooked that activities such as transshipment, crew change and cargo operations within Indonesian waters, if not performed by an Indonesian shipping company, operating an Indonesian flagged vessel and manned by Indonesian crew, will be in breach of the law. The Indonesian Navy has therefore detained multiple vessels, upholding this rule strictly.

3.      Once a vessel is southbound in the Malacca Strait (past Port Klang) and through the Singapore Strait until entering the South China Sea, either Malaysia, Singapore or Indonesia will claim territorial waters. It has perhaps been (mis)understood in the past that there are waters in these Straits not claimed by any of the three countries. This would be a mistake. There are no OPL anchorages in the area. The geographical coordinates of points of the Indonesian archipelagic baselines can be found in the UN website at: http://www.un.org/Depts/los/LEGISLATIONANDTREATIES/PDFFILES/MAPS/idn_mzn67_2009.jpg

Advice to Members

1.      Do not anchor, slow down, deviate or engage in any cargo operation in/around Indonesian territorial waters without first checking with local agents the ship’s position. Report to the harbor master even if the ship is only anchored temporarily.

2.      Contact the Club immediately should your vessel be detained.

3.      The Club will reach out to local correspondents for more information and keep following on any update with regard to the detention.

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