Ship Arrest, Seizure or Confiscation or Detention

1. The Ship Arrest Under the Criminal Case
In the Criminal Case the Police Investigator has right to seizure or confiscation or detention under Article 39 Indonesia Criminal Code.

2. The Ship Arrest Under Civil Case
Indonesian Shipping Law 17 Year 2008 Article 223 paragraph (1)
The Judge has right to declare the detention of vessel without Lawsuit of Civil Case, this condition well known on as the Maritime Claim.
The detention of vessel under Maritime Claim is allowed by the following reasons:
2.1. loss or damage in consquence of operational of the vessel.
2.2. loss or damage to the environment, vessel or cargo causing by salvage operation or salvage agreement.
2.3. costs or expenses in connection to the removal, shifting, repair of vessel including rescue of the vessel and crews.
2.4. costs of transportation or cargo or passenger on board which mentioned in the charter party or other.
2.5. loss or damage of the vessel or cargo due to the maritime accident (general average).
The above Article 223 paragraph (1) is following to the paragraph (2) that the procedures of arrest the vessel in the port regulated under Ministry Regulation.

Unfortunately until to today the there is no Ministry Regulation published in order to comply with Shipping Law No 17 Year 2008 Article 223 paragraph (2) mentioned above.

Mr. Gatot Supramono (Judge of the High Court South of Kalimantan) written the Article published in Varia Peradilan No. 298 September 2010, recommend to the Judges to consider in wise and prudent senses to adopt this Arrest of the Vessel.

Oleh : Nugraha Budi S. MarE, Dipl. IIMS, SH, ICAP, FIFAA

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