THE IMPLEMENTATION OF THEINTERNATIONAL SHIP AND PORT FACILITYSECURITY (ISPS) CODE IN INDONESIA

Abstract

The purpose of this study is to investigate the progress of the implementation of the ISPS Code in Indonesia, and to analyse its impacts on the shipping industries as well as challenges faced by the stakeholders since the Code entered into force in 2004. Indonesia, a contracting State to the ISPS Code since 2003, has made some efforts to show its commitment to enhancing maritime security by ensuring that all requirements set out in the Code are properly executed by the stakeholders concerned. This research identifies the impacts of the Code’s application to port facilities and on board Indonesian flagged ships. It has not been an easy task for the Directorate General of Sea Transportation (DGST) acting in the role of the Maritime Administration (MARAD) to manage and monitor the application of the Code by port facility operators and shipping companies. The main issue identified in this research is the legal basis for implementing and enforcing the Code. The procrastination in promulgating secondary regulation concerning the ISPS Code had caused some problems to stakeholders. This research also identifies other outstanding issues encountered by the DGST and its technical divisions as the Designated Authority for the Code and other issues faced by port facility operators and shipping companies. This research analyses the achievements and challenges of the ISPS Code application in Indonesia based on information from previous research and recent data collected from the MARAD, and the shipping industries through the distribution of questionnaires. This study provides some recommendations, which are expected to v contribute to the enhancement of maritime security toward the realization of good maritime governance. In conclusion, the dissertation provides a comprehensive overview of the efforts made by the government. It starts with the development of a legal basis concerning the ISPS Code for the last 19 years and measures carried out to meet the objectives of the Code and the level of compliance with its requirements. It also identifies obstacles encountered by the stakeholders in implementing the Code, especially the enforcement of the Code by the DGST and its technical divisions as the National Authority.