In recent years, attention to the aspect of law enforcement in Indonesian waters has been increasing, especially when incidents involving foreign vessels occur within national jurisdiction. One significant event took place in early 2021, when Indonesian maritime security forces detected two foreign oil tankers engaging in suspicious activity outside official shipping lanes. These vessels were suspected of illegally transferring oil cargo and deactivating their Automatic Identification System (AIS) while in Indonesian waters. Although the names of the ships and the identities of the companies involved were not explicitly disclosed, circulating information suggested that one of the vessels was managed by an East Asian-based entity. This activity became a concern not only because it violated national regulations, but also because it raised questions about compliance with internationally agreed maritime law. The incident sparked various legal debates, both from the perspective of coastal state jurisdiction and the obligations of foreign vessels passing through Indonesian territory.
National and International Legal Framework
As an archipelagic state and a party to the 1982 United Nations Convention on the Law of the Sea (UNCLOS), Indonesia holds both rights and responsibilities in managing its maritime domain. UNCLOS outlines the concept of innocent passage in territorial seas and transit passage in the Indonesian Archipelagic Sea Lanes (ALKI). While it grants passage rights to foreign vessels, the convention also affirms that coastal states have the authority to regulate, monitor, and take action against any activity within their jurisdiction. This provision is implemented in Indonesian national law through various instruments. Law Number 6 of 1996 on Indonesian Waters, partially repealed by Law Number 32 of 2014 on Marine Affairs, regulates the boundaries of Indonesian maritime zones and the right of innocent passage. Meanwhile, Law Number 17 of 2008 on Shipping, which has been revised through Law Number 66 of 2024, establishes the obligation for ships to activate AIS and obtain permits for specific activities such as ship-to-ship transfers. Additionally, Law Number 32 of 2014 on Marine Affairs provides the legal basis for surveillance by the Indonesian Maritime Security Agency (Bakamla), while environmental aspects are regulated by Law Number 32 of 2009. On a technical level, Government Regulations Number 36 and 37 of 2002 explicitly regulate the rights and obligations of foreign vessels during innocent passage and ALKI transit, including prohibitions against stopping without emergency reasons and the requirement to comply with navigation systems.
In the context of this incident, several legal issues deserve close scrutiny. First, the foreign vessels undertook a passage that did not meet the qualifications of innocent or transit passage because they stopped and engaged in economic activities—cargo transfer—outside official shipping lanes without any emergency reason. This conduct directly violates Articles 18 and 19 of UNCLOS and Article 11 paragraph (3) of Law 6/1996. Second, the vessels were found to have turned off their AIS systems while in Indonesian waters, which contradicts international maritime safety regulations, particularly SOLAS 1974 and IMO Resolution A.1106(29) of 2015, as well as Articles 193 and 218 of the Shipping Law. Such deactivation not only prevented Indonesian authorities from monitoring vessel movements but also posed potential risks to maritime traffic safety. Third, the ship-to-ship transfer activities were carried out without authorization from the Indonesian government, which should have been obtained as stipulated in Articles 193 and 317 of the Shipping Law. This act also opens the possibility of marine pollution due to the absence of required waste mitigation procedures as mandated under Law 32 of 2009.
Law Enforcement Analysis
Based on the established legal facts, it is evident that the foreign vessels in question forfeited their right to innocent passage, which might have initially applied. Under the framework of international maritime law, innocent passage must be continuous and must not threaten the peace, good order, or security of the coastal state. When a vessel stops outside the ALKI for commercial purposes without authorization, as in this case, its passage is no longer considered innocent, and the coastal state has the right to enforce the law. Furthermore, the deactivation of AIS reinforces the presumption of concealed intent by the vessel operators to evade detection. Such conduct is unjustifiable in the context of maritime safety and contravenes the principle of transparency in modern navigation systems. Ship-to-ship transfer activities conducted without the host country’s permission constitute a serious violation of both shipping regulations and environmental protection standards. In this context, Bakamla’s authority to carry out interception has been exercised in accordance with its mandate under Law 32 of 2014. However, the cross-sectoral nature of these violations demands synergy among Bakamla, the Navy, Police, and relevant ministries in conducting further investigations. The idea of granting Bakamla limited investigative authority should be considered to strengthen maritime law enforcement effectiveness.
The alleged violation incident by foreign vessels reflects the importance of strengthening the authority and capacity of maritime law enforcement institutions. Under applicable international and national legal provisions, the actions taken by Indonesian authorities are not only lawful but also represent the coastal state’s obligation to safeguard its maritime security and sovereignty. This incident highlights that although UNCLOS grants foreign vessels the right of innocent and transit passage, such rights are not absolute and are subject to compliance with national laws. Therefore, it is recommended that the Indonesian Government continue to enhance inter-agency coordination, improve early detection capabilities in areas vulnerable to violations, and update technical navigation regulations to anticipate new modes of maritime law breaches. These measures will not only improve the effectiveness of surveillance but also reinforce Indonesia’s position in international maritime forums as a country committed to firmly enforcing the law within its jurisdictional waters.