Din Cabotage principles were implemented when the domestic shipping industry in Indonesia almost collapsed as a result of foreign vessels engaging in coastwise transportation. The impact of the enactment of Maritime Law No 17 of also required Indonesian shipping companies with foreign shareholders to own at least one self-propelled vessel of more than gross tonnage. It is also a requirement that all vessels operating in Indonesian waters to observe the Cabotage principles whether or not they are engaged in domestic sea transportation activities. The implementation of the Cabotage restrictions also paved the way for liberalization of port management and private sector participation in port development. When the rules were first introduced, oil and gas companies did not see a threat as they expected the Rules to apply only to passengers and goods. However the Indonesian government later changed the rules to bring oil and gas companies activities under the law.
|Published (Last):||13 April 2005|
|PDF File Size:||9.53 Mb|
|ePub File Size:||3.81 Mb|
|Price:||Free* [*Free Regsitration Required]|
Need a Lawyer? It is located in the crossroad between the Asia and Australia continent and between the Pacific and Indian Ocean. Its territory is spread from Sabang in the west to Merauke in the east, which is called as bounded pearls in the eastern hemisphere.
Indonesia is heavily dependent on maritime transport for international as well as for domestic trade especially because of her archipelagic nature.
In this vein, maritime shipping provides essential links between different parts of the country. In common use, the ships include large container ships, a variety of ferries, passenger ships, sailing ships, and smaller motorized vessels. The development of shipping and port services throughout the country has long been a priority of the Government of Indonesia.
This is since the demands on maritime services, especially in the shipping business, are high. However national maritime companies are unable to fulfil it. Recent development shows that foreign company and foreign vessel are the majority in Indonesian sea transportation.
According to data, the capacity of shares of domestic company is only The data shows us how reluctant our maritime industries to the foreigners. The data went further stated that even most of national companies use foreign vessel to support their business. National companies, for example, preferred to charter foreign vessel from foreign companies rather than to own an Indonesian-flagged vessel.
The background is the efficiency of cost and difficulty of mechanism to owned Indonesian flag vessel. In order to face the free trade era, such issues will obstruct the growth of national shipping industries. Therefore, the Indonesian government since has implemented the cabotage principle to encourage and to induce national companies in maritime industry, especially in the shipping industries.
The principle will mainly oblige every vessel and shipping companies to operate under Indonesian law and regulations. Cabotage Principle: A Brief Introduction Cabotage principle is principle recognize in the maritime law, especially in the shipping. The principle can be defined as that domestic shipping is entirely the right of the domestic state.
Domestic state is entitled to forbid and restrict foreign vessel to sail and to conduct business in the area of the state. In this vein, in accordance with the sovereignty of each independent state, every vessel especially foreign flag vessel has to obtain a permit to across and to enter the territory of a state. The cabotage principle will ensure 1 the protection and to safeguard national maritime industries development, 2 the support of national security, defence, and national economic.
Indonesia, under the Maritime Law No. Article of the Maritime law clearly stipulates that all foreign vessels involved in sea transportation in Indonesian waters may continue to do so as they currently are doing until three years after the law comes into force, after which they must operate under the Indonesian flag. It means that the principle will be fully applied on 1 January However, it should be noted that the implementation of principle will not forbid any opportunities for the foreign investors.
After January , foreign vessels which still operate in Indonesia can be imposed by both administrative and criminal sanctions. Article of the Maritime Law No. Due to the implementation of cabotage principle, those vessels are obliged to confer its nationality. Protocol of Delivery and Acceptance; c. General Arrangement of vessel. In this case, the prevailing law is Article 8 - 12 of Minister of Transportation Regulation which provides that: a.
Instruction of replacement will be issued no more than 5 five days since the day of formal notification received with all the required documents.
Research on the completeness of documents; ii. Measurement and inspection of nautical, technical, radio, and prevention of pollution from the vessel; iii. Conclusion Even though that the implementation of the principle will be fully entered into force at 1 January , there is major urgency to conduct flag replacement for foreign flag vessel at the soonest. It is since the bureaucratic and the process of the replacement itself will take time. This is even the law stated that the process will take no more than 5 five days after all documents and requirements are completed.
スーパーコンコルド シャローフェース フェアウェイ [フェアウェイウッド ロングセラーの使いやすいゴルフクラブ ゴルフの飛距離アップやスコアアップにおすすめ 人気の低重心のクラブ]
Though this three year period was marked by a substantial uptick in the capacity of domestic vessels from This necessitated the creation of exemptions for a number of vessels that would allow for the continued use of foreign flagged ships past the mid deadline. Government Regulation No. These deadlines differed depending upon the type of offshore activity involved. Extensions to cabotage exemptions would be granted in cases where domestic shipyards had yet to develop adequate vessel production capabilities, and would be removed from offshore vessels now ably manufactured by Indonesian companies. For offshore vessels yet to have reached exemption deadlines laid out in the earlier MOT regulation, there is no change.
Asas Cabotage di dalam Hukum Maritim Indonesia
Need a Lawyer? It is located in the crossroad between the Asia and Australia continent and between the Pacific and Indian Ocean. Its territory is spread from Sabang in the west to Merauke in the east, which is called as bounded pearls in the eastern hemisphere. Indonesia is heavily dependent on maritime transport for international as well as for domestic trade especially because of her archipelagic nature. In this vein, maritime shipping provides essential links between different parts of the country. In common use, the ships include large container ships, a variety of ferries, passenger ships, sailing ships, and smaller motorized vessels. The development of shipping and port services throughout the country has long been a priority of the Government of Indonesia.
The Implementation of Cabotage Principle in Indonesia
Asas ini telah diatur oleh Indonesia melalui Inpres no. Dalam Instruksi Presiden no. Di dalam pasal 8 Undang-undang Pelayaran disebutkan, kegiatan angkutan laut di dalam negeri dilaksanakan oleh perusahaan angkutan laut nasional, dengan menggunakan kapal berbendera Indonesia, serta diawaki oleh awak kapal berkewarganegaraan Indonesia. Dalam kasus ini, penerapan asas cabotage ini menimbulkan masalah pada industri migas. Undang-undang no.
Insight & Knowledge
Etymology[ edit ] The term "cabotage" is borrowed from French. It is derived from caboter which means "to travel along the coast". The origin of caboter is obscure: it may come from cap or cabo "cape", or it may refer to a type of boat. Attempts to link the name to the Italian explorer Cabot are not supported by evidence. The Passenger Vessel Services Act of states that no foreign vessels shall transport passengers between ports or places in the United States, either directly or by way of a foreign port. Indonesia implemented a cabotage policy in after previously allowing foreign-owned vessels to operate relatively freely within the country. In passenger aviation[ edit ] Cabotage rights remain rare in passenger aviation.