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Insights into Indonesia’s Port State Control: Implementation and Authority
In Indonesia, port state control is defined as state supervision of seaworthiness and security of foreign ship which enter the port area to ensure the fulfillment of requirements in accordance with the provisions of the convention conducted by the harbourmaster through Port State Control Officer (“PSCO”). PSCO has the authority to carry out seaworthiness and security inspections of foreign ships in the Indonesian Port area to ensure compliance with the requirements of ratified conventions. The inspection is guided by the Asia Pacific Port State Control Manual and IMO Resolution A.1052 (27) Procedures for Port State Control. The ratified conventions are as follows:
a. Maritime Labour Convention 2006, ratified by Law Number 15 of 2016 on the Ratification of Maritime Labour Convention;
b. Convention on Load Lines 1966 (Load Lines Convention 66), ratified by Presidential Decree Number 47 of 1976 regarding on Ratifying the Convention on Load Lines;
c. Convention on the International Regulations for Preventing Collisions at Sea 1972 (COLREG Convention 72), ratified by Presidential Decree Number 50 of 1979 on Ratifying the Convention on the International Regulation for Preventing Collisions at Sea;
d. International Convention for the Safety of Life at Sea 1974 (SOLAS 74), ratified by the Presidential Decree Number 65 of 1980 on Ratifying Convention for the Safefy of Life at Sea;
e. International Convention for Prevention of Pollution from Ships 1973 and Protocol of 1978 relating thereto (MARPOL 73/78), ratified by Presidential Decree Number 46 of 1986 on the Ratification of International Convention for Prevention of Pollution from Ships 1973 and Protocol of 1978 relating thereto (“MARPOL 73/78”);
f. International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978 (STOW Convention 78), ratified by Presidential Decree No 60 of 1986 on the Ratification of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978;
g. International Convention on Tonnage Measurement of Ships 1969 (Tonnage Measurement Convention 69), ratified by Presidential Decree Number 5 of 1989 on the Ratification of the International Convention on Tonnage Measurement of Ships, 1969;
h. Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 (CLC Convention 92), ratified by Presidential Decree Number 52 of 1999 on the Ratification of Protocol 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 (CLC Convention 92);
i. Annex III, Annex IV, Annex V and Annex VI of the International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 relating thereto (Annex III, Annex IV, Annex V and Annex VI-MARPOL 73/78) ratified by Presidential Regulation Number 29 of 2012 on the Ratification of the Annex III, Annex IV, Annex V and Annex VI of the International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 relating thereto (Annex III, Annex IV, Annex V and Annex VI-MARPOL 73/78);
j. International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001a, ratified by Presidential Regulation Number 65 of 2014 on the Ratification of International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (CLC Bunker Convention 2001);
k. International Convention on the Control of Harmful Anti-Fouling System on Ship, 2001 (AFS Convention 2001), ratified by Presidential Regulation No 66 of 2014 on the Ratification of the International Convention on the Control of Harmful Anti-Fouling System on Ship, 2001 (AFS Convention 2001);
l. The International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004 (BWS Convention 2004), ratified by the Presidential Regulation Number 132 of 2015 on the Ratification of the Intenational Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004
m. The International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990, ratified by the President of the Republic of Indonesia Regulation Number 76 of 2022 on the Ratification of the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990
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