Indonesia’s Framework for the Issuance of Maritime Labour Certificates for Indonesian-Flagged Ships

Director General of Sea Transportation Regulation No. HK.103/3/13/DJPL-18 of 2018 concerning Procedures for Issuing Maritime Labour Certificates (Regulation HK.103/3/13/DJPL-18) sets out the procedures for issuing Maritime Labour Certificates (MLC Certificates) for Indonesian-flagged ships. The regulation implements Indonesia’s obligations under the Maritime Labour Convention, 2006 (MLC 2006), which was ratified by Law No. 15 of 2016, and forms part of the broader regulatory framework under Law No. 17 of 2008 on Shipping.

Regulation HK.103/3/13/DJPL-18 establishes the ships subject to MLC certification, the required MLC documents, the application and inspection procedures, temporary MLC certification, and the validity of MLC Certificates. It also provides for inspections of foreign ships by Port State Control Officers (PSCOs) in Indonesia. The regulation was established on 10 August 2018 and remains in force.

1. Legal Basis and Regulatory Purpose

Indonesia ratified the MLC 2006 through Law No. 15 of 2016. Following the ratification, Regulation HK.103/3/13/DJPL-18 was established to provide technical procedures for implementing the MLC 2006 in relation to Indonesian-flagged ships.

The regulation is based, among others, on Law No. 17 of 2008 on Shipping, Law No. 15 of 2016 on the ratification of the MLC 2006, Government Regulation No. 7 of 2000 on Seafarers, Government Regulation No. 51 of 2002 on Shipping, and Government Regulation No. 20 of 2010 on Water Transportation, as amended by Government Regulation No. 22 of 2011.

In this context, Regulation HK.103/3/13/DJPL-18 provides the technical framework for demonstrating compliance with the MLC 2006 through the issuance of an MLC Certificate and the related Declaration of Maritime Labour Compliance.

2. Ships Subject to MLC Certification

Regulation HK.103/3/13/DJPL-18 applies to Indonesian-flagged ships of 500 GT or more that are owned by legal entities or individuals, used for commercial activities, and engaged in international voyages.

The regulation therefore applies to Indonesian-flagged commercial ships meeting these criteria and requires compliance with the applicable MLC certification procedures.

Certain categories of ships are excluded from the scope of the regulation. These include state ships and warships, fishing vessels, and traditionally built ships.

Accordingly, the MLC certification framework under Regulation HK.103/3/13/DJPL-18 is primarily directed at Indonesian-flagged commercial ships of 500 GT or more engaged in international voyages.

3. Maritime Labour Certificate and Supporting Documents

Compliance with the MLC 2006 under Regulation HK.103/3/13/DJPL-18 is demonstrated through the MLC Certificate, together with the relevant Declaration of Maritime Labour Compliance documents.

The framework consists of Declaration of Maritime Labour Compliance Part I (DMLC Part I), Declaration of Maritime Labour Compliance Part II (DMLC Part II), and the MLC Certificate. DMLC Part I is issued by the Director General of Sea Transportation, while DMLC Part II is prepared by the shipowner. The MLC Certificate is issued by the Director General of Sea Transportation.

DMLC Part I sets out the applicable national requirements relating to the MLC 2006, while DMLC Part II describes the measures adopted by the shipowner to ensure continuing compliance with those requirements.

The MLC Certificate serves as the certification that the relevant ship has met the applicable requirements of the MLC 2006 and its amendments.

An MLC Certificate is valid for five years, subject to the applicable inspection, endorsement, and continuing compliance requirements.

4. Application and Inspection Requirements

The issuance of an MLC Certificate requires the shipowner to submit an application together with the required administrative and technical documents.

The supporting documents include, among others, the ship’s measurement certificate, nationality certificate, relevant safety certificate, class certificate, Minimum Safe Manning Certificate, approved General Arrangement, and DMLC Part II. For ships previously registered under another flag, the applicable previous MLC Certificate is also required.

For a temporary MLC Certificate, the applicable documentation differs because the shipowner is required to provide the company’s procedures concerning compliance with the MLC requirements instead of DMLC Part II.

The certification process also involves an onboard inspection by the authorized Ship Safety Inspection Officer. The inspection is intended to assess compliance with the applicable MLC requirements concerning the working and living conditions of seafarers.

The areas subject to inspection include matters such as minimum age, medical certification, seafarer qualifications, seafarer employment agreements, recruitment and placement, hours of work and rest, manning levels, accommodation, onboard recreational facilities, food and catering, health protection and accident prevention, medical care, onboard complaint procedures, payment of wages, and financial security requirements.

The Director General reviews the submitted application and supporting documents. Where the application is incomplete, it may be returned to the applicant for completion and subsequently resubmitted. Once the applicable administrative and inspection requirements have been satisfied, the relevant MLC documentation may be issued.

5. Temporary Maritime Labour Certificate

Regulation HK.103/3/13/DJPL-18 provides for the issuance of a temporary MLC Certificate in specified circumstances. A temporary certificate may be issued for a newly built ship, a ship changing its national flag, or a ship undergoing a change of ownership.

The temporary MLC Certificate is valid for a maximum period of six months and cannot be extended. During this period, the shipowner is expected to complete the requirements necessary for the issuance of the full MLC Certificate.

The issuance of a temporary MLC Certificate is subject to specified conditions. The ship must have been inspected, the shipowner must have procedures concerning compliance with the MLC requirements, the master must be familiar with the applicable MLC requirements and responsible for their implementation, and the relevant information must have been submitted to the Director General for the preparation of DMLC Part I.

The temporary certification mechanism therefore applies to ships in the specified transitional circumstances while the requirements for full MLC certification are being completed.

6. Indonesian Ships Already Operating Without an MLC Certificate

Regulation HK.103/3/13/DJPL-18 also addresses Indonesian-flagged ships that were already operating but did not yet have an MLC Certificate.

For such ships, the Director General may issue a temporary MLC Certificate. This provides a mechanism for an existing Indonesian-flagged ship to enter the MLC certification framework through temporary certification.

The temporary certificate remains subject to the maximum six-month validity period and cannot be extended. Accordingly, the shipowner must complete the requirements for the full MLC Certificate within the applicable period.

7. Validity, Cancellation, and Revocation of MLC Certificates

An MLC Certificate is subject to continuing validity requirements during its five-year period. The certificate may become invalid in circumstances specified under Regulation HK.103/3/13/DJPL-18, including expiration of its validity period, failure to complete the required endorsement, a change of flag, the sinking of the ship, or changes to information contained in the certificate.

The regulation also provides for cancellation or revocation where the ship no longer complies with the applicable MLC requirements and the required corrective measures are not implemented.

Cancellation or revocation may also arise where information contained in the documents supporting the certificate does not correspond with the actual circumstances or where the certificate was obtained unlawfully.

Accordingly, compliance with the MLC framework is not limited to the initial issuance of the certificate. Shipowners and operators should ensure that the conditions and information supporting the MLC Certificate remain accurate and compliant throughout its validity period.

8. Port State Control of Foreign Ships

Regulation HK.103/3/13/DJPL-18 also provides for the inspection of foreign ships through the port State control framework.

A Port State Control Officer (PSCO) may conduct inspections of foreign ships flying the flag of a state that is a member of the MLC 2006 and operating from or between ports in another country.

In Indonesia, this provides a basis for the relevant authority to conduct inspections of foreign ships calling at Indonesian ports in accordance with the applicable MLC requirements and port State control procedures.

The provision is therefore relevant not only to Indonesian-flagged ships subject to MLC certification, but also to foreign ships calling at Indonesian ports where the applicable port State control framework is engaged.

9. Current Status of Regulation HK.103/3/13/DJPL-18

Regulation HK.103/3/13/DJPL-18 was established in Jakarta on 10 August 2018 and became effective on the date of its establishment. The Ministry of Transportation’s Legal Documentation and Information Network currently records the regulation as in force.

The regulation remains the relevant technical framework for the issuance of MLC Certificates for Indonesian-flagged ships within its scope. Its implementation should be read together with the broader Indonesian shipping framework and Indonesia’s obligations under the MLC 2006.

For shipowners and operators, compliance therefore involves maintaining the required MLC documentation, ensuring that the relevant working and living conditions of seafarers continue to meet the applicable requirements, and maintaining the accuracy of information underlying the MLC Certificate.

The MLC certification framework should also be considered alongside other ship certification and regulatory requirements applicable to Indonesian-flagged ships. The MLC Certificate specifically addresses maritime labour requirements and forms part of the broader compliance framework applicable to the operation of ships.

Conclusion

Regulation HK.103/3/13/DJPL-18 establishes the technical procedures for issuing Maritime Labour Certificates for Indonesian-flagged ships in implementation of the MLC 2006. The regulation covers the ships subject to certification, the required MLC documentation, application and inspection procedures, temporary MLC Certificates, and the circumstances affecting the validity of MLC Certificates.

For Indonesian-flagged commercial ships of 500 GT or more engaged in international voyages, the regulation remains relevant as part of the applicable maritime labour compliance framework. Shipowners and operators should therefore ensure that the required MLC documentation and onboard conditions remain consistent with the applicable requirements throughout the relevant certification period.

This alert is part of a series examining regulatory developments affecting shipping, maritime transportation, and logistics businesses in Indonesia. Please feel free to contact us should you wish to discuss these developments further.

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