Mid-Year Brief Regulations Update: Maritime

 

TRANSPORTATION

September 2, 2015

Mid-Year Brief Regulations Update: Maritime

 

By mid-year of 2015, we have seen regulatory developments in the port services. In May 2015, The Minister of Transportation has issued Minister Regulation No. 95 of 2015 on The Guidelines of  Port Services Selling Price Fixing which Managed by Port Operator (“MoT Reg 95/2015”). The MoT Reg 95/2015 is aimed for giving more clarity to the company in the implementation of port affairs services selling price fixing, which shall enter into force as of 25 May 2016.1

 

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WAHYUNI BAHAR
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ANGGIA RUKMASARI
Head of Group



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PORT SERVICES

 

The regulation shall apply for provision and/or port services commercially managed by port operator, provision and/or service of ship and/or goods and/or passenger.2 Those port services and terminal port services charge shall be determined by port operator, based on type, structure, tariff category and mechanism stipulated by the MoT.3

 

COMPONENT AND FORMULATION OF PORT SERVICES PRODUCTION FEE CALCULATION

 

Port operator shall compose the amount of fee calculation in the provision and/or services of ship, goods service, passenger service in terminal by calculating production fee component as follows: direct operation fee (employee fee, material fee, maintenance fee, depreciation fee, insurance fee, charter fee, administration fee, general fee, concession fee, energy fee and capital fee), indirect operation fee (employee fee, materials fee, maintenance fee, depreciation fee, insurance fee, charter fee, administration fee, general fee, and management fee) and profit margin.4

Total production fee shall be calculated based on full costing such as summation of direct operation fee and indirect operation fee.5 The maximum amount of indirect operation fee is in the amount of 30% (thirty percent) from total production fee.6 The production of primary fee service is the production primary fee per unit (production primary fee is the division between total production fee and total production for each port affairs service type).7

 

LIMITATION OF PORT AFFAIRS SERVICES SELLING PRICE

 

Port operator can implement the selling price towards port service at maximum amount of production primary fee + 25% (twenty five percent) profit margin at maximum of port service which is provided from fee per unit.8

 

ADMINISTRATION SANCTION

 

1.       Warning Letter

Port operator who does not fulfill the requirements of  guideline of  port services selling price fixing, shall be imposed with the maximum 3 (three) times warning letter, with each warning letter in each period of 30 (thirty) calendar days.9

 

2.       Port Enterprise License Suspension.

Port operator who does not fulfill the requirements of  guideline of  port services selling price fixing after the end period of the third warning letters shall have its port operator license suspended.10

 

3.       Revocation of Port Enterprise License 

Port enterprise who does not fulfill the requirements of guideline of  port services selling price fixing after the end period of port operator license suspension shall have its license to be revoked.11

 

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1   MoT Reg 95/2015, Article 11

2   MoT Reg 95/2015, Article 2

3   MoT Reg 95/2015, Article 4

4   MoT Reg 95/2015, Article 5 paragraph 1, paragraph 2 and paragraph 3

5   MoT Reg 95/2015, Article 5 paragraph 4

6   MoT Reg 95/2015, Article 5 paragraph 5

7   MoT Reg 95/2015, Article 5 paragraph 6

8   MoT Reg 95/2015, Article 7

9   MoT Reg 95/2015, Article 9 paragraph 4

10  MoT Reg 95/2015, Article 9 paragraph 5 and paragraph 6

11 MoT Reg 95/2015, Article 9 paragraph 7

 

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