The Registration of Ship Ownership (Ship Grosse Deed)

Based on the Regulation of the Minister of Transportation Number PM 39 of 2017 regarding the Registration and Nationality of Ships (“Permenhub PM 39/2017”), it is explained that the grosse of ship registration deed is an official copy of the minuta deed/original deed that will be given to the ship owner as proof of ownership of the registered ship. Ships whose ownership can be registered in Indonesia are ships with a minimum of 7 (seven) gross tonnage, a ship owned by Indonesian citizens or legal entities established under Indonesian law and domiciled in Indonesia, and ships owned by Indonesian legal entities based on joint ventures whose majority shareholders are Indonesian citizens.

In order to register ownership of the ship, there are three categories that should be paid attention :

1. Sea ships: sea transport ships, ferry transport ships, and other ships used at sea;
2. Fishing ships: ships to catch fish, whales, seals, and other animals that live in the sea (including ships to transport their own catch);
3. Ships that sail in the waters of rivers and lakes.

What is the Process of Ship Ownership Registration ?

As regulated in the regulation, there are several steps that must be considered in order to register ship ownership rights :

1. The owner of the ship must submit an application to the Registrar of Transfer of Ship Names at one of the ship registration places and fulfill all the required requirements through the Electronic Ships Registration System (Sistem Pendaftaran Kapal Elektronik/SPKE). The required documents are proof of ownership of the ship, identity of the ship owner, Taxpayer Identification Number (Nomor Pokok Wajib Pajak/NPWP), letter of measurement, report on ship safety inspection, power of attorney (if any), proof of payment for the transfer of ship name, and recommendation from the minister for special activities for the ship to catch fish.
2. Then, the Registrar of Transfer of Ship Names will check the fulfillment of the requirements for a maximum of 3 working days since the application is submitted.
3. If there are document requirements that have not been fulfilled, the Registrar of Transfer of Ship Names will reject the application through SPKE, and the ship owner can fulfill the lack of required documents within a maximum of 2 working days.
4. However, if the required documents are fulfilled and correct, the Registrar of Transfer of Ship Names shall make a minuta of the deed and the deed of registration of the ship within a maximum period of 3 working days.
5. Minuta of the registration deed will be kept by the Registrar of Transfer of Ship Names.
6. In the event that the ship has been registered, the ship owner is obligated to put up a registration sign, where this set up is included in the Official Report of the Registration Sign Installation by the harbormaster.

Thus, the grosse deed is an official copy of the minuta deed which is proof of ownership of a registered ship. To register a ship, it is submitted to the Registrar of Transfer of Ship Names through SPKE.

The brief description above is a general description of Ship Grosse Deed. If you are interested in knowing more about the issuance of Ship Grosse Deed, we Suria Nataadmadja & Associates Law Firm can help you.

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