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Navigating Maritime Law International Conventions and Indonesian Regulations on Collision, Salvage, and Liability Limitations
When it comes to maritime law, understanding the applicable international conventions and domestic laws is crucial for handling issues related to collision, salvage, and limitations of liability. This article delves into the relevant international conventions and Indonesian regulations that govern these aspects of maritime claims.
Collision
In relation to collision, the applicable international convention is the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREG Convention 72). This convention sets forth the rules and guidelines to prevent collisions at sea, ensuring safe and standardized navigation practices for vessels.
Salvage
Indonesia does not have any applicable international convention specifically covering salvage. However, Indonesia has issued several regulations to manage salvage operations effectively. These regulations include:
- President Regulation Number 8 of 2023 regarding the Management of Salvage: This regulation outlines the framework for managing salvage operations, ensuring proper procedures and safety measures are in place.
- Regulation of the Minister of Marine Affairs and Fisheries Number 20 of 2023 regarding Procedures for the Handling, Recordation, Documentation, and Utilization of Salvage: This regulation provides detailed procedures for handling salvage, including the documentation and utilization of salvaged materials.
- Minister of Transportation Regulation Number PM.71 of 2013 regarding Salvage and/or Underwater Works: This regulation has been amended multiple times to address evolving needs and challenges in salvage operations:
- Minister of Transportation Regulation Number PM 33 of 2016 on the Amendment to the Minister of Transportation Regulation Number PM 71 of 2013
- Minister of Transportation Regulation Number 38 of 2018 on the Second Amendment to the Minister of Transportation Regulation Number PM 71 of 2013
- Minister of Transportation Regulation Number PM 27 of 2022 on the Third Amendment to the Minister of Transportation Regulation Number 71 of 2013 regarding the Management of Salvage and/or Underwater Works
Limitation of Liability for Maritime Claims
Indonesia is not a party to the 1976 Convention on Limitation of Liability for Maritime Claims. However, the country has equivalent domestic laws and regulations that apply regarding the limitations of liability of the carrier. These provisions are regulated in the Indonesian Commercial Code (ICC), specifically in Articles 468, 469, 470, 471, 472, 474, 476, and 477. These articles lay down the rules for limiting the liability of carriers, ensuring that maritime claims are handled fairly and efficiently.
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