Legal Construction Analysis for Ship Chartering in Indonesia: Comparison of BIMCO Agreement and Indonesian Maritime Transport Agreement
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This research analyzes the comparative legal construction between BIMCO standard agreements and Indonesian Sea Transportation Agreements in the context of ship chartering. Using a normative juridical method with statutory, conceptual, and comparative approaches, the research identifies fundamental divergences in the orientation and objectives of these legal instruments. BIMCO standards demonstrate a commercial global orientation with transaction flexibility and efficiency, while Indonesian Sea Transportation Agreements maintain a regulatory-national orientation focusing on domestic maritime policies. This disparity creates harmonization challenges for cross-border shipping operators, increasing transaction costs and dispute resolution complexity. This research formulates an ideal legal construction model through a selective harmonization approach with three pillars: commercial adaptability, protection of national interests, and legal certainty. Implementing this model has the potential to strengthen the competitiveness of Indonesia's shipping industry in the global maritime ecosystem and support the Global Maritime Fulcrum vision.
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References
Agus, SW, & Tira, A. (2021). Clavia : journal of law. 19(2), 192–203.
Aprilia, BM, Purwangka, F., & Solihin, A. (2019). FISHING VESSEL FRAME INSURANCE AS A RISK MANAGEMENT STRATEGY (CASE STUDY: INDONESIAN FISHERIES GENERAL COMPANY). 10(2), 217–231.
Arjakusuma, RS, Hartoyo, S., & Fahmi, I. (2013). VALUE CHAIN IN THE MILK INDUSTRY CASE STUDY OF PT CISARUA MOUNTAIN DAIRY (CIMORY). 10(1), 22–31.
Asas, A.H., Kapal, P., Indonesia, B., Perintah, B., Pemberdayaan, T., Pelayaran, I., & Indonesia, D. (2024). Unizar Recht Journal. 3(2).
Attamimi, S. (2024). Global South Corridor as an Instrument of Indonesian Diplomacy in the Implementation of Maritime Connectivity Cooperation. 9(2).
Cerdas, P., Port, S., Di, N., & Revolusi, M. (2024). Opportunities and Challenges of Human Resources in Organizing INTRODUCTION Modern trade in the future is no longer limited to exchanges between two parties, but rather a cooperation agreement between partners who depend on each other's critical business and are carried out in geographic space, time zones, and more limited The realization of modern trade is certainly accompanied by modern facilities and infrastructure. One of them is the development of a smart port. Smart ports act as intermediaries for one industry with increasingly developing technology that will slowly disrupt all business lines including the need for workers. This certainly depends on Human Resources (HR) who are competent in responding to the challenges of change and needs in the future. In the future, the port and shipping industry tends to require human resources with intermediate and high-level skills, while human resources that can be replaced by automation systems are no longer The potential of Indonesian ports with a network of international shipping routes is quite high: percent of international trade uses sea transportation and 40 percent of it goes through Indonesia. Currently, there are 636 existing and new ports in Indonesia. Industry drives the emergence of a series of technologies and organizations. Cyber Physical System (CPS) and Internet of Things and Services (IoT and IoS) into industrial processes including manufacturing, logistics, and others [4]. CPS is one aspect of the Industrial Revolution 4.0 which is currently developing. Industry 4.0 is useful in improving the speed of production flexibility and improving customer service. The benefits of Industry 4.0 will have an impact. Digital Communication Technology Practitioners, explain several characteristics of industry 4.0; (1) inter transparency or block chain, (3) technical assistance or currently better known as big data and (4) namely autonomous [9]. The goal of the Industry 4.0 initiative strategy originating from Germany is the transformation of industrial manufacturing through digitalization and exploitation of the potential of new technologies [10]. Germany is very interested because Industry 4.0 is part of its development plan policy called High-Tech Strategy 2020. The policy aims to keep Germany at the forefront of world manufacturing. In Germany…. 8(1).
Djaja, H. (2015). Merchant vessel charter agreements from the perspective of contract law in Indonesia. 6(1), 26–35.
Febriyanti, V., & Kurnia, I. (2025). Legal Review of the Implementation of Ship Charter Agreements for Coal Transportation. 7(2), 905–912.
Rights, I., & Obligations, AND (2019). Implementation of the rights and obligations of the parties in contract law. 10(1), 1–20.
Herawati, NI, & Nurmayanti, I. (2022). Journal de Facto LEGAL PROTECTION OF THE SHIP OWNER IF A SHIP ACCIDENT HAPPENED IN THE SHIP RENTAL AGREEMENT. 9(1), 1–18.
Hidayah, NI (2023). Obstacles to Ship Loading and Unloading in Export-Import Activities at Tanjung Priok Port, Jakarta. 1(4), 50–63.
Law, DJ, Public, K., Wahdatulnisa, N., Nugraha, IF, Science, D., International, H., Science, F., & Politics, I. (2025). Innovation and Challenges of Using Artificial Intelligence in Maritime Law in the Era of Digital Transformation This research method uses a descriptive qualitative approach to examine Innovation and the challenges faced in the application of artificial intelligence in the field of maritime law in the era of digital transformation. So the focus of the research that the author did is. 1.
Law, F., Warmadewa, U., & Law, P. (2023). LEGAL REVIEW OF AGREEMENT AND RESPONSIBILITY IN THE INTERNAL CARGO EXPORT INDUSTRY. 4(2), 171–176.
Science, J., Aripkah, N., & Taufik, M. (2023). LANGGONG: Legal Review of Sailing Safety and Security Based on Law No. 17 of 2008 Concerning Shipping INTRODUCTION Indonesia is the largest archipelagic country in the world with more than 17,000 islands. 1 Indonesia is known as a maritime nation that has been able to conquer the sea since its ancestors. This fact can be seen from the history of the resilience of sailors, fighters and heroes who guarded the archipelago or Indonesia, namely in the Majapahit and Sriwijaya kingdoms. 2 As an archipelagic country, Indonesian people live in areas separated by seas and straits. Geographically, Indonesia is located between two continents and two oceans, namely the Asian Continent and the Australian Continent and the Pacific Ocean and the Indian Ocean, making Indonesia's position strategic. Indonesia is very well known as a maritime country, where the Indonesian ocean is wider than Based on this geographical location, transportation facilities by sea are very necessary. Sea transportation in Indonesia is used as an effective network mode to connect other islands. This is also in line with the concept of an archipelagic state as stated in UNCLOS 1982, which views the sea not as a separator, but as a unifier between land areas of Indonesia. 4 Talking about the sea, it can be realized that the sea area has many benefits and uses for people's lives, 5 one of which is as a means of transportation, both for people and goods. Transportation is an important activity that can support economic growth and development, through transportation activities people and goods can be brought or delivered from a place of origin to a destination according to their purpose and designation. 6 Transportation is part of shipping as stated in Article 1 number 1 of Law No. 17 of 2008 concerning Shipping which explains that Shipping is a unified system consisting of transportation in waters, ports, safety and security, and. 3(2), 71–83.
Julianti, S., Wahyuni, S., & Riau, U. (2024). DIGITALIZATION AND E-COMMERCE: OPPORTUNITIES AND CHALLENGES. November, 1467–1479.
Keliata, M., & Trinaila, P. (2023). APPROACH TO CONFLICT RESOLUTION IN THE DIGITAL ERA: STRATEGY FOR EDUCATIONAL INSTITUTIONS. 01, 55–69. https://doi.org/10.47945/Al-Mumtaz.v1i2.xx
Kesaulya, C., & Angwarmasse, LC (2023). Responsibilities of Sea Transportation Organizers for the Transportation of Goods Using Containers. 7, 3716–3721.
Khumairok, M. (2023). Banking Legal Regulation in Facing the Trend of Fintech Innovation and the Success of the Banking Industry in the Era of Society 5.0. Indonesian Multidisciplinary Journal, 2(7), 1719–1731. https://doi.org/10.58344/jmi.v2i7.335
Mardalena, T., Budiman, D., Karimun, U., & Rue, W. (2020). Analysis of ship charter management system in Tanjung Balai Karimun shipping service company, Karimun district, Riau Islands province. 4(3), 1284–1309.
Nainggolan, PP (2015). INTERNATIONAL IMPLICATIONS (Maritime Axis Policy and Its International Implications). 167–190.
Narwadan, T., Kubela, S., Tamalene, A., Fisheries, A., Technology, J., Fisheries, H., Fisheries, P., Tual, N., Fisheries, A., Pattimura, U., Catch, P., & Maluku, UM (2024). Sustainable fisheries resource management strategies in the modern era. 01, 46–52.
Business, DIP (2023). Settlement of business disputes in relation to arbitration clauses in commercial courts. 06(01), 12–30.
Noon, B., Kapal, R., Xx, PT, & Prasetyawati, D. (2019). Application of Voyage Account. 2(April), 31–37.
Travel, T. (2024). Peaceful Diplomacy in the South China Sea: Settlement of International Disputes Through Arbitration and Negotiation. 10(2), 217–229.
Pt, A., Marine, G., Pt, D., & Bumi, P. (2020). Tug boat and barge charter agreement between PT. global marine with pt. earth voyage. 4(2), 5–13.
Ramadhani, AW, & Hanafi, MI (2025). The Role of Indonesian Maritime Diplomacy as the World Maritime Axis.
Septiani, S., Ramadhany, CL, & Putri, SA (2024). COHERENCE AND CLARITY OF SENTENCES IN COOPERATION AGREEMENTS: LINGUISTIC AND LEGAL APPROACHES involved in an agreement. In various contexts, such as business, institutional, and ensuring that the agreement can be properly understood by the parties involved, cooperation agreements in Indonesia with linguistic and legal approaches. With thematic to examine the coherence and clarity of sentences in cooperation agreement documents. 5(5), 6162–6167.
Sulaiman, A., & Ginting, D. (2023). SHIP DOCKING SAFETY CERTIFICATE PROCESS AT PT. PUTRA SAMUDERA INTI BATAM ON. 6, 2807–2816.
Sulistiyono, STRI (2016). Maritime Paradigm in Building Indonesia: Learning from History. 12(2).
Trade, D., Trade, F., Trade, I., History, E., Trade, I., Trade, D., Protection, C., Standards, T., Trade, D., Trade, D., & Relationship, I. (2013). Trade R&D scientific bulletin. 7(1).
Triana, AR, Putri, AA, Mar, K., Syaharani, V., Hidayat, MF, Law, I., Science, F., Politics, I., Maritime, U., & Ali, R. (2024). Legal Certainty in Investment in Special Economic Zones from an Investor's Perspective. 3.
Triana Wati. (2023). Legal Power and Security Aspects in Electronic Signatures. Journal of Science Student Research, 1(1), 752–762. https://doi.org/10.61722/jssr.v1i2.394
Tutuhatunewa, LW, Josepha, V., & Rehatta, B. (2021). Legal Disputes on Non-Navigational Use of International Waterways Between Bordering Countries. 1(9), 882–893.
Wahyu, D., & Adi, S. (2020). Analysis of the Settlement of the South China Sea Dispute by the International Arbitration Body. 1(3), 39–51.
Widyastuti, B., Science, M., University, H., & March, S. (2020). SOCIAL WORK CRIMINAL STUDY. VIII, 56–63.
Winfernando, TP (2023). Dynamics of Electronic Agreement Law: Challenges and Prospects in the Digital Era. 1(2).