Tuesday, April 2, 2019
Principles of Maritime Administration and Policy
Principles of Maritime Administration and PolicyI. IntroductionClearly stated in Article 94 UNCLOS 1982 that one of the duties of invest state is to take such(prenominal)(prenominal) measures for ships flying its oarlock as atomic number 18 necessary to ensure preventive at sea, which required to conform to generally accepted foreign regulations (UNCLOS, 1982). Having admit that adduces should non alone become spelly to the convention, hardly also full implemented their obligations, IMO establish Re resolvent A.996(25) Code for the Implementation of Mandatory IMO Instruments. base on this code, in that location be strategies that should be hitmanstantial by the democracys in guild to achieve objective of the code, which is enhancing global nautical synthetic rubber and vindication of naval environment (IMO, 2007). Indonesia through its oceanic memorial tablet should establish purposement which develop this strategy to fulfill their duty as flag state. Th is publisher try to comp ar four strategies nominate in colonisation A.996(25) with ashes established in Indonesia in general and specifically explore the go awayant of the code for Indonesia in terms of mishap investigation.II. Strategy for enhancing marine prophylactic and protection of marine environmentBased on Resolution A.996(25), there are 4 strategies should be genuine by the States. First strategy, effectuation and enforcement of IMO convention Implementation of flag state responsibility engender some(prenominal) aspect, such as convention forgetpretation, education and manning, flag state inspection, software documentation issues, authorization and monitoring RO, and injured party investigation. However, these execution and enforcement are amply depends on mightiness and willingness of member surgical incisionies. Contrperforming Governments enforce the provisions of IMO conventions as far as their own ships are concerned and also set the penalties for infringements, where these are applicable (IMO, 2009). Ratify a Convention and bring it into full and murder effect through internal law is not abstemious for undertake government. To establish effective maritime legislation, after set it up, it should be easy to transport and keep updated with IMO change, set up IMO legislative staring, attend IMO meet and maintain effective communication with other parts of government (Belcher, 2009). subject area and certification is one of the ways to enforce standard developed by validation. In some cases, countries which are lack of expertise and experience ask found convenience in delegating their functions to Recognized Organizations (Villanueva, 2004). M whatever developed administrations also decided to delegate part of their function to RO, in invest to effectively expand their capabilities on worldwide basis. RO such as miscellanea society shake believed as professional solution for global surveyor vane and technical expertis e (Schlott, 2009). However, some filiation of works arise regarding statutory work delegation. For example, stinkervass of Denmark shows the needs of more effective monitoring of statutory survey memorialize held by RO (VIMSAS-Denmark, 2007). Therefore in term of authorization, Maritime Administration should to the full refer to Resolution A.789(19) Specifications on the survey and certification functions of recognized boldnesss acting on behalf of administrations and Resolution A.739(18) Guidelines for the authorization of organizations acting on behalf of the administration (Schlott, 2009). atomic number 16 strategy, adherence to inter depicted object recommendations apart from Mandatory promoter such as Load Lines, SOLAS and COLREG, flag state should also refer to international recommendation such as IMO resolution or circular which contain guidelines or other non compulsory code.Thirdly is continuous review and verification of international obligation compliance effect iveness. One way of review is by evaluating carriage state control statistics. PSC usually published annual pieces that contain statistics on the performance of flag States and RO. Casualty statistics also can ordain begin of compliance effectiveness. In addition, comprehensive measurement of flag State ability to enact and effectively enforce maritime legislation is through volunteer(prenominal) IMO Member State Audit Scheme. The importance of VIMSAS in verification of flag State compliance is emphasized by IMO (Mansell, 2009). Purpose of VIMSAS is not to put down or point a finger at a state, but to assist them in fulfilling their duties and obligations which promotes flag State performance. The result of this take stock is know completely to the State concerned, auditors and IMO secretariat, and reports from audits are published as anonymous (Franson, 2009). come through strategy is achievement, care and improvement of overall organizational performance and readiness. sympathetic resource development will influence organizational performance and true property system can assure achievement and maintenance of organization performance. Administration can apply ISO 90001 or other equivalent quality system. Furthermore, improvement can be done through wrap unfermented worldly concern instruction principle. It is move away from administration to achievement of result, change from classic bureaucracy to flexibility and defines organizational and personal objectives through measurable performance indicator (Schrder, 2008). Although almost impossible to implement all of NPM strategies, some(prenominal) administration in exploitation countries are implementing selected aspects of NPM notably granting more self-sufficiency to public sector organizations, emphasis on results, accountability for performance and results, introduce competition, contracting, and customer orientation (Singh,2001). Multi-state co cognitive operation for capacity-buildin g is one example of new public management execution to overcome the limitation of organization through international cooperation (Manuel, 2009).III. signal flag state implementation in IndonesiaIndonesia is a huge Archipelago country comprised of 17508 islands, with 5.8 jillion square kilometres total area of sea and 95181 km length of slideway line (Indonesian Maritime Committee, 2008). This given condition generates high dependency on maritime transportation and also obstacle to develop high hooked and reliable maritime transportation system. Three main strategies in maritime transportation development of Indonesia for 2009 are improvement of national transportation service, change prophylactic and security of maritime transportation and improving quality of benignantkind resources (Ministry of Transportation, 2009). Indonesia also published long term development strategies 2005-2025 for maritime safety, inter alia, maintain traffic scheme, monitoring seaworthiness and ves sel status regularly, perspicacity of technical aspect and operational of vessel, controlling implementation of planned maintenance systems, developing crew career, monitoring environmental protection and improving SAR operation (Ministry,2008a). Specific short term target are explained in roadmap of maritime transportation safety improvement for 2006-2009 plans which include facilities, law enforcement, regulation, restructure organization, human resource, institution revitalization and community socialization (Ministry,2008b).Specifically as a flag state, Indonesia is bound to the obligation of flag state duties as boot in UNCLOS. Based on Transportation Information Book 2007, Indonesia has 7,237 national fleets in 2007 (Ministry, 2008c). Compare to the world, Indonesia is in number 11 in merchant marine with 971 vessels in 2008 (CIA,2009). To maintain and assure that all vessels have fully complied with regulation is not easy task for Indonesia. As 4 strategies mentioned in Re solution A.996(25) which should be established, some are fulfilled and some are not yet accomplished.a. Implementation and enforcementIndonesia already ratify several conventions such as SOLAS 74 protocol 78, Load Line 66, Tonnage 69, COLREG 72, STCW 78, MARPOL 73/78 Annex I/II and some other convention such as CSC, STP, Facilitation and INMARSAT (IMO,2009a). Ratification processes are take time since it has to be legalizing through parliaments. However, although there are some conventions, protocol or elongation not yet ratified, Indonesia always try to keep in track to recent important regulation development. For example, as mention in roadmap of maritime transportation safety improvement, Indonesia has continuous improvement in ISPS and ISM implementation (Ministry, 2008b).In terms of classification, get offorate General of Sea Transportation give authority to Biro Klasifikasi Indonesia regards hull construction, electrical and machinery. Other aspect such as radio communicati on and safety equipment are inspected by directorate through their Marine Inspector (Rusdi,2009). This multiple classifications should not be a problem if every part of regulation is strictly implemented. However, often volume argue that BKIs position is not helped by its close links with the Ministry of Transportation, where decisions are often described as politically-motivated (Indonesian Class, 2007).Indonesia also tries to improve law enforcement such as technical audit to passenger vessel and ro-ro ferry, sanction for inattentive harbourmaster and marine inspector, licence revocation for negligent means and condition sagacity survey for safety sine qua non in ro-ro ferry which older than 25 years. In 2007, there are 4 official and 1 operator were sanctioned (Ministry, 2008b). Unfortunately, in several cases, inadequate safety equipments are mollify founded. For example, in KM Levina chance event case, it was proved that the sprinkle can not work. Ironically, for safety equipment certificate, the ship have complete certificate. There are possibilities that safety equipment not carefully inspected (Rusdi, 2009). As Gunther, chairman of interferry, comments that umteen problem are caused by poor operator administration (High waves, 2009). This problem should be plough by port clearing requirement therefore, law enforcement should be some(prenominal) stricter.b. Adherence to international recommendationsOverall, Indonesia has trying to implement and enforce mandatory instrument however, Indonesia should more pay attention to international recommendation. Although ISPS are not cover in Resolution A.996(25), ISPS code including Part B which is not mandatory is one example of recommendation that already implemented in Indonesia. Indonesia already established International Ship and Port Facilities Security since 1st July 2004 (Ministry, 2008a).c. freshen up and verification of the effectivenessPort state control data, accident statistics and audit are the ways to review and verify flag state implementation effectiveness. Unfortunately, port state control statistic for Indonesian vessel not gives grave news. In Tokyo MoU annual report 2008, Indonesia is in 6th place in highest detention report with 19.14% or 40 detentions. With 634 inspections from 2006 to 2008 there are 123 detentions which put Indonesia in black list. However, Biro Klasifikasi Indonesia can prove that they have better performance, which in Tokyo MoU, BKI has medium performance level (Tokyo MoU, 2009). physical body of vessel accident in Indonesia also relatively high. Figure 1 shows the statistics from 2003 to 2008. It tends to increase from 2003 to 2007 and the highest number occurs in 2007 with 145 accidents. However it shows good pass off when in 2008, number of accident sharp decrease to 44 accidents. This probably prove that after second biggest ferry disaster in Indonesia, Senopati Nusantara, happened at the end of 2006, government trying hard to impro ve vessel safety in Indonesia.Furthermore, Indonesia has not yet volunteered for VIMSAS. Apart of realizing that some obligation not yet fulfilled, one of the problems is probably cost which should be afforded for the audit. However this problem should not be as a reason to refrain from applying the audit. combine Technical Co-operation Programme (ITCP) can provide assistance to prepare audits and/or implement corrective measures in response to audit findings and, if necessary, funding part of the cost for the audit (Franson, 2009). Considering turn a profit of this audit, applying VIMSAS could be the starting point for Indonesia to find the right solution.d. Achievement, maintenance and improvement of overall organizational performance and capabilityIn order to ensure achievement and maintenance of organizational performance, Indonesia complete urgency of improving human resource development. Since 2006, distributively year Indonesia ingenious approximately 600 people in variou s training such as marine inspector, hydrographic, Global Marine Distress Safety System, SAR, ISPS-Code, Port State Control Officer, Advance Fire Fighting, ISM Code and Radar Simulator Arpa Simulator. In terms of organization improvement, Directorate General of Sea transportation obstinate tasks based on competence based evaluation. Indonesia also planned to restructure and reform Biro Klasifikasi Indonesia to be more independent and professional (Ministry, 2008b).Although we can categorized Indonesian Maritime administration has traditional public administration style with its classic bureaucracy, Indonesia has implemented some element of new public management. Authorization of Biro Klasifikasi Indonesia for ISM audit also shown Maritime administration orientation in result, with realized their limited capability for doing too more than task. Directorate has also published minimum standard of services which mention performance indicator (Directorate, 1999).Certainly, all deficien cy should be overcome, one of the solution is by implementing the code in Resolution A.996(25). However, there are many possible outcomes have to be faced by Indonesia in order to fully implement the code. One example of important parts is regarding casualty investigation.IV. Consequence of the code for casualty investigation in IndonesiaAs part of the strategy, casualty investigation is one of flag state responsibility that should implement. Resolution A.996(25) point out that flag state should carried out investigation future(a) a marine casualty or pollution incident. Three consequences that should considered regarding casualty investigations are provide qualified investigators, publish the result for certain cases, and report to IMO according to the guidelines (IMO,2007).Wherever the location of casualty or incident, flag State should be prepared to provide qualified investigators. Individual investigators should have work knowledge and practical experience in those subject areas pertaining to their normal duties. Additionally, in order to assist individual investigators performing duties outside their normal assignments, flag State should ensure ready access of various expertise such as expertise in navigation and Collision Regulations, causes of marine pollution, interviewing techniques, indicate gathering, and evaluation of the effects of the human element (IMO,2007). High qualified investigator can conduct good investigation which finds not only the direct causes but also the root causes to avoid the reoccurrence. In terms of investigator, Indonesia only has 6 individual investigators. As Karmoyono, head of maritime transportation sub committee NTSC said, to promptly deal with all accident happen in Indonesia at least 30 individual investigators is needed, with 1 investigator for each province (Yunita,2008). Addressing this problem, Indonesia can try to develop its capability through course of instruction offered in UNDP as long as conform to UND P global depute and follow the process, Common Country Assessment, United Nations Development Assistance example and Common Country Programme Action Plan (Jopap,2009). Along with developing internal capability, Indonesia can also explore possibility to take proceeds of multi state cooperation with get professional expert from other country.Moreover, the investigation result should be informed to every party involved as stimulant for improvement. According to Smith and Schmidt, When investigating accident, success is measured by the point to which the party efficiently receives the information it needs and is able to act in its own best interest based on that knowledge (Smith Schmidt, 2005, p.210). It is fits to requirement of the code, which is to publish the result of investigation to the public, especially any accidents involving personal disfigurement necessitating absence from duty of three days or more and any deaths resulting from occupational accidents and casualties t o ships. In 2008, among 44 accidents, 4 accidents which considered as major accident were investigated by National Transport Safety Committee, and 40 were investigated by Directorate General of Sea Transportation (NTSC, 2009a). Among this 4 major accident only 2 of the report are published in NTSC website (NTSC, 2009b).Last consequence is requirement to report in accordance with MSC/Circ.953-MEPC/Circ.372, Reports on marine casualties and incidents, and revised harmonized reporting procedures which is reports required under SOLAS regulation I/21 and MARPOL 73/78 articles 8 and 12.V.ConclusionStrategies mentioned in Resolution A.996(25) has give comprehensive measure to implement IMO convention. Indonesia as flag state has developed short term and long term strategic plans which in line with some part of the code. Indonesia also conducted the strategy however, there are steady many deficiencies occurred, especially in enforcement, adherence to the international recommendation, and v erification of effectiveness. Realizing the benefit of the code, it is every hope that all possible consequences which arise from implementing the code in Indonesia can be managed.