Establishment Of A National Sea Transport Company In Indonesia

First, it should be noted that based on the Regulation of the Minister of Transportation Number PM 74 of 2016 regarding Amendment to the Minister of Transportation Regulation Number PM 93 of 2013 regarding the Implementation and Operation of Sea Transportation (“Permenhub PM 74/2016”), what is meant by a national sea transport company is a sea transport company with an Indonesian legal entity that carries out sea transportation activities within Indonesian waters and/or from and to overseas ports.

Basically, the establishment of a national sea transport company is the same as the establishment of a company in general, which refers to and is guided by Law Number 40 of 2007 regarding Limited Liability Company. In general, what must be prepared to be able to establish a national sea transport company is first, namely, establishing a company under Indonesian law, in this case in the form of a Limited Liability Company (PT) with the required supporting documents.

In addition, in establishing a national sea transport company, must also obtain a business license from the Ministry of Transportation called a Sea Transport Business Permit (Surat Izin Usaha Perusahaan Angkutan Laut/SIUPAL) or a Special Sea Transport Operation Permit (Surat Izin Operasi Angkutan Laut Khusus/SIOPSUS). This is regulated in the Regulation of the Minister of Transportation Number PM 93 of 2013 regarding the Implementation and Operation of Sea Transportation (“Permenhub PM 93/2013”). It should be noted, in the event of the company using SIOPSUS for its business license, the company is required to have the main business license, for example, such as a Tourism Business Registration Certificate (TDUP) for a sea transporation company engaged in tourism.

Next, ships owned by a national sea transport company in Indonesia must also have an Indonesian flag, namely, ships registered in the Indonesian ship register, and obtain a ship registration certificate and a copy of ship specifications issued by the Director General of Sea Transportation of the Ministry of Transportation. For ships that do not have an Indonesian flag, they are required to first change the flag to an Indonesian flag, this is regulated in the Regulation of the Minister of Transportation Number PM 43 of 2021 regarding Procedures for Procurement of Ships ("Permenhub PM 43/2021"), in the regulation it is explained about a person/owner of an ex-foreign-flagged vessel is obliged to replace and register his/her vessel with an Indonesian-flagged one, and must submit a written application to the Director General of Sea Transportation by attaching supporting documents.

In its establishment, national sea transportation companies are also required to have a certificate of ship safety and security, a class certificate from a certification agency recognized by the Government, in this case, PT Biro Klasifikasi Indonesia (PT BKI) or a foreign classification agency which is a member of the International Association of Classification Society (IACS) which has a branch office in Indonesia and surveyors with Indonesian nationality, has an international measuring document, and must also make a report on the plan to operate the ship on a fixed and regular route of sea transportation to the Directorate General of the Ministry of Sea Transportation.

Thus a brief description in general above to establish a national sea transportation company in Indonesia.

Suria Nataadmadja & Associates Law Firm

Advocates & Legal Consultants