SHIP ARREST IN INDONESIA AND CROSS-BORDER MARITIME DISPUTE
| Main Author: | Indrawan, Immanuel A.; Indrawan Darsyah Santoso Attorneys |
|---|---|
| Format: | Article info application/pdf eJournal |
| Bahasa: | eng |
| Terbitan: |
Faculty of Law, Universitas Indonesia
, 2017
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| Subjects: | |
| Online Access: |
http://ijil.ui.ac.id/index.php/home/article/view/702 http://ijil.ui.ac.id/index.php/home/article/view/702/pdf_558 |
| ctrlnum |
article-702 |
|---|---|
| fullrecord |
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<dc schemaLocation="http://www.openarchives.org/OAI/2.0/oai_dc/ http://www.openarchives.org/OAI/2.0/oai_dc.xsd"><title lang="en-US">SHIP ARREST IN INDONESIA AND CROSS-BORDER MARITIME DISPUTE</title><creator>Indrawan, Immanuel A.; Indrawan Darsyah Santoso Attorneys</creator><subject lang="en-US">Ship arrest; Shipping Law; Indonesia; maritime law</subject><description lang="en-US">Ship arrest is an in rem action on ships that exercised with purpose of obtaining security for maritime claims. The arrest is intended to prevent a ship from moving pending settlement of the claim and consequently will also prevent her owners from enjoying any profits. In present shipping industry, which became more borderless, dispute involving different nationals and jurisdictions might arise. In such case, existence of clear and certain rules are one of the keys to resolve them. In respect of that, ship arrest has been introduced in Indonesia through the Law number 17 Year 2008 “Shipping Law”. Since the enactment of Shipping Law, ship arrest is possible to carried out within the Indonesian jurisdiction. However, the practice of ship arrest in Indonesia is relatively new comparing to other countries such as Netherlands and Singapore, which have implemented it long before Indonesia. Another question is whether it is necessary for Indonesia to be a party in international treaties on arrest of ships. Learned from examples outside Indonesia, we may able to see issues concerning ship arrest in Indonesia; existence of the implementing rules, compatibility with the current civil procedural rules, readiness of the courts to implement it, etc. Responding to the development of shipping industry, Indonesia must assured to moving onward by showing its readiness in following international practice on shipping law. This readiness is also an indicator of seriousness in manifesting the idea of making Indonesia as an axis of world maritime.</description><publisher lang="en-US">Faculty of Law, Universitas Indonesia</publisher><contributor lang="en-US"/><date>2017-07-30</date><type>Journal:Article</type><type>Other:info:eu-repo/semantics/publishedVersion</type><type>Other:</type><type>File:application/pdf</type><identifier>http://ijil.ui.ac.id/index.php/home/article/view/702</identifier><identifier>10.17304/ijil.vol14.4.702</identifier><source lang="en-US">Indonesian Journal of International Law; Vol 14, No 4 (2017): MARITIME AFFAIRS III; 456-476</source><source>2356-5527</source><source>1693-5594</source><language>eng</language><relation>http://ijil.ui.ac.id/index.php/home/article/view/702/pdf_558</relation><rights lang="en-US">Authors who publish with this journal agree to the following terms: Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.</rights><recordID>article-702</recordID></dc>
|
| language |
eng |
| format |
Journal:Article Journal Other:info:eu-repo/semantics/publishedVersion Other Other: File:application/pdf File Journal:eJournal |
| author |
Indrawan, Immanuel A.; Indrawan Darsyah Santoso Attorneys |
| title |
SHIP ARREST IN INDONESIA AND CROSS-BORDER MARITIME DISPUTE |
| publisher |
Faculty of Law, Universitas Indonesia |
| publishDate |
2017 |
| topic |
Ship arrest Shipping Law Indonesia maritime law |
| url |
http://ijil.ui.ac.id/index.php/home/article/view/702 http://ijil.ui.ac.id/index.php/home/article/view/702/pdf_558 |
| contents |
Ship arrest is an in rem action on ships that exercised with purpose of obtaining security for maritime claims. The arrest is intended to prevent a ship from moving pending settlement of the claim and consequently will also prevent her owners from enjoying any profits. In present shipping industry, which became more borderless, dispute involving different nationals and jurisdictions might arise. In such case, existence of clear and certain rules are one of the keys to resolve them. In respect of that, ship arrest has been introduced in Indonesia through the Law number 17 Year 2008 “Shipping Law”. Since the enactment of Shipping Law, ship arrest is possible to carried out within the Indonesian jurisdiction. However, the practice of ship arrest in Indonesia is relatively new comparing to other countries such as Netherlands and Singapore, which have implemented it long before Indonesia. Another question is whether it is necessary for Indonesia to be a party in international treaties on arrest of ships. Learned from examples outside Indonesia, we may able to see issues concerning ship arrest in Indonesia; existence of the implementing rules, compatibility with the current civil procedural rules, readiness of the courts to implement it, etc. Responding to the development of shipping industry, Indonesia must assured to moving onward by showing its readiness in following international practice on shipping law. This readiness is also an indicator of seriousness in manifesting the idea of making Indonesia as an axis of world maritime. |
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