Indonesia Maritime, Logistics and Transportation Watch (IMLOW) supports Indonesian Navy (TNI AL) in combating illegal anchoring of foreign vessel within Indonesia’s territory. This is apart of law enforcement, IMLOW adds.
Whatever the reasons, any anchoring without permits within Indonesia’s territory is criminal and cannot be accepted, IMLOW General Secretary Achmad Ridwan Tentowi said in a press statement today (Tuesday, November 16, 2021).
“We (IMLOW) absolutely agrees with law enforcement approach to tackle this problem (illegal anchoring). And, never be influenced by the issues that is intentinally created to stop law enforcement actions, including the issue of bribery,” Ridwan said in responding the issue of accusation from foreign parties saying some Navy apparatus accepted illegal money (bribery).
Moreover, added Ridwan, TNI AL had clarified and neglected the accusation. “This (accusation on bribery) is intentionally created in a bid to stop our actions in law enforcement,” said Ridwan.
Ridwan noted that the Indonesia’s Law of UU No 6/1996 has clearly regulated the Indonesia’s territory. In addition, the Law of UU No 17/2008 also clearly states the illegal anchoring as a criminal action.
In addition, he added, neighboring countries have also ratified UNCLOS 1982. There is a failure to understand the rules that distinguish international straits and international waters.
“Therefore, the issue that is being blamed on the Indonesian Navy is suspected to be a “black campaign” from a foreign shipping or insurance company that was affected by law enforcement from illegal anchoring in Indonesian territory by the Indonesian Navy as mandated by Indonesian laws and regulations,” said Ridwan.
He explained that in several provisions the Maritime Port Authority (MPA) has stated that in addition to endangering navigation when anchored at Outside Port Limit (OPL), it does not rule out the possibility of its position entering Indonesian territory.
Moreover, he said, if the ships anchored at anchor carried out loading and unloading activities of ship-to-ship (STS) liquid cargo.
“The indication is the economic factor because if they enter the official STS location, yes, the ships must pay non-tax state revenue (PNBP),” said Ridwan.
He said, besides that, it would also violate the Customs Law if the ship carried out loading and unloading activities within the customs area without going through the customs office. This is because ships from outside the customs area when anchoring in the customs area are required to submit the Plan for the Arrival of Transport Facilities (RKSP).
“Moreover, if we carry out loading and unloading activities, we must submit a notification to the customs office,” said Ridwan.