Clearly stated in Article 94 UNCLOS 1982 that one of the responsibilities of flag province is to take such steps for ships winging its flag as are necessary to guarantee safety at sea, which required to conform to by and large accepted international ordinances ( UNCLOS, 1982 ) . Having see that States should non merely go party to the convention, but besides to the full implemented their duties, IMO set up Resolution A.996 ( 25 ) Code for the Implementation of Mandatory IMO Instruments. Based on this codification, there are schemes that should be developed by the States in order to accomplish aim of the codification, which is heightening planetary maritime safety and protection of Marine environment ( IMO, 2007 ) . Indonesia through its nautical disposal should set up system which develop this scheme to carry through their responsibility as flag province. This paper attempt to compare four schemes reference in Resolution A.996 ( 25 ) with system established in Indonesia in general ; and specifically research the effect of the codification for Indonesia in footings of casualty probe.
II. Strategy for heightening nautical safety and protection of Marine environment
Based on Resolution A.996 ( 25 ) , there are 4 schemes should be developed by the States. First scheme, execution and enforcement of IMO convention ; Implementation of flag province duty cover many aspect, such as convention reading, instruction and manning, flag province review, enfranchisement issues, A mandate and monitoring RO, and casualty probe. However, these execution and enforcement are to the full depends on ability and willingness of member parties. Contracting Governments implement the commissariats of IMO conventions every bit far as their ain ships are concerned and besides set the punishments for violations, where these are applicable ( IMO, 2009 ) . Sign a Convention and convey it into full and complete consequence through internal jurisprudence is non easy for undertaking authorities. To set up effectual nautical statute law, after set it up, it should be easy to alter and maintain updated with IMO alteration, set up IMO legislative trailing, attend IMO meeting and maintain effectual communicating with other parts of authorities ( Belcher, 2009 ) .
Survey and enfranchisement is one of the ways to implement criterion developed by disposal. In some instances, states which are deficiency of expertness and experience have found convenience in deputing their maps to Recognized Organizations ( Villanueva, 2004 ) . Many developed disposals besides decided to depute portion of their map to RO, in order to efficaciously spread out their capablenesss on world-wide footing. RO such as categorization society have believed as professional solution for planetary surveyor web and proficient expertness ( Schlott, 2009 ) . However, some jobs arise sing statutory work deputation. For illustration, audit of Denmark shows the demands of more effectual monitoring of statutory study record held by RO ( VIMSAS-Denmark, 2007 ) . Therefore in term of mandate, Maritime Administration should to the full mention to Resolution A.789 ( 19 ) “Specifications on the study and enfranchisement maps of recognized organisations moving on behalf ofA administrations” and Resolution A.739 ( 18 ) “Guidelines for the mandate of organisations moving on behalf of the administration” ( Schlott, 2009 ) .
Second scheme, attachment to international recommendations ; apart from Compulsory instrument such as Load Lines, SOLAS and COLREG, flag province should besides mention to international recommendation such as IMO declaration or handbill which contain guidelines or other non compulsory codification.
Third is uninterrupted reappraisal and confirmation of international duty conformity effectivity. One manner of reappraisal is by measuring port province control statistics. PSC normally published one-year studies that contain statistics on the public presentation of flag States and RO. Casualty statistics besides can give image of conformity effectivity. In add-on, comprehensive measuring of flag State ability to ordain and efficaciously enforce nautical statute law is through Voluntary IMO Member State Audit Scheme. The importance of VIMSAS in confirmation of flag State conformity is emphasized by IMO ( Mansell, 2009 ) . Purpose of VIMSAS is non to dishonor or indicate a finger at a province, but to help them in carry throughing their responsibilities and duties which promotes flag State public presentation. The consequence of this audit is known merely to the State concerned, hearers and IMO secretariat, and studies from audits are published as anon. ( Franson, 2009 ) .
Last scheme is achievement, care and betterment of overall organisational public presentation and capableness. Human resource development will act upon organisational public presentation ; and good quality system can guarantee accomplishment and care of organisation public presentation. Administration can use ISO 90001 or other tantamount quality system. Furthermore, betterment can be done through introduce new public direction rule. It is move off from disposal to accomplishment of consequence, alteration from authoritative bureaucratism to flexibleness and defines organisational and personal aims through mensurable public presentation index ( Schroder, 2008 ) . Although about impossible to implement all of NPM schemes, many disposal in developing states are implementing selected facets of NPM notably allowing more autonomy to public sector organisations, accent on consequences, answerability for public presentation and consequences, introduce competition, catching, and client orientation ( Singh,2001 ) . Multi-state cooperation for capacity-building is one illustration of new public direction execution to get the better of the restriction of organisation through international cooperation ( Manuel, 2009 ) .
III. Flag province execution in Indonesia
Indonesia is a immense Archipelago state comprised of 17508 islands, with 5.8 million square kilometers entire country of sea and 95181 km length of seashore line ( Indonesian Maritime Committee, 2008 ) . This given status generates high dependence on nautical transit and besides obstruction to develop high qualified and dependable maritime transit system. Three chief schemes in nautical transit development of Indonesia for 2009 are betterment of national transit service, bettering safety and security of maritime transit and bettering quality of human resources ( Ministry of Transportation, 2009 ) . Indonesia besides published long term development schemes 2005-2025 for maritime safety, inter alia, maintain traffic strategy, supervising fitness and vas position on a regular basis, appraisal of proficient facet and operational of vas, commanding execution of planned care systems, developing crew calling, supervising environmental protection and bettering SAR operation ( Ministry,2008a ) . Specific short term mark are explained in roadmap of nautical transit safety betterment for 2006-2009 programs which include installations, jurisprudence enforcement, ordinance, restructure organisation, human resource, establishment revival and community socialisation ( Ministry,2008b ) .
Specifically as a flag province, Indonesia is bound to the duty of flag province responsibilities as reference in UNCLOS. Based on Transportation Information Book 2007, Indonesia has 7,237 national fleets in 2007 ( Ministry, 2008c ) . Compare to the universe, Indonesia is in figure 11 in merchandiser Marine with 971 vass in 2008 ( CIA,2009 ) . To keep and guarantee that all vass have to the full complied with ordinance is non easy undertaking for Indonesia. As 4 schemes mentioned in Resolution A.996 ( 25 ) which should be established, some are fulfilled and some are non yet accomplished.
a. Execution and enforcement
Indonesia already sign 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 procedures are take clip since it has to be legalising through parliaments. However, although there are some conventions, protocol or extension non yet ratified, Indonesia ever seek to maintain in path to recent of import ordinance development. For illustration, as reference in roadmap of nautical transit safety betterment, Indonesia has uninterrupted betterment in ISPS and ISM execution ( Ministry, 2008b ) .
In footings of categorization, Directorate General of Sea Transportation give authorization to Biro Klasifikasi Indonesia respects hull building, electrical and machinery. Other facet such as wireless communicating and safety equipment are inspected by Directorate through their Marine Inspector ( Rusdi,2009 ) . This multiple categorizations should non be a job if every portion of ordinance is purely implemented. However, frequently people argue that BKI ‘s place is non helped by its close links with the Ministry of Transportation, where determinations are frequently described as politically-motivated ( Indonesian Class, 2007 ) .
Indonesia besides tries to better jurisprudence enforcement such as proficient audit to passenger vas and ro-ro ferry, countenance for careless harbourmaster and Marine inspector, license annulment for negligent operator and status appraisal study for safety demand in ro-ro ferry which older than 25 old ages. In 2007, there are 4 official and 1 operator were sanctioned ( Ministry, 2008b ) . Unfortunately, in several instances, unequal safety equipments are still founded. For illustration, in KM Levina accident instance, it was proved that the scattering can non work. Ironically, for safety equipment certification, the ship have complete certification. There are possibilities that safety equipment non carefully inspected ( Rusdi, 2009 ) . As Gunther, president of interferry, remarks that many job are caused by hapless operator disposal ( High moving ridges, 2009 ) . This job should be cover by port glade demand ; hence, jurisprudence enforcement should be much stricter.
b. Adherence to international recommendations
Overall, Indonesia has seeking to implement and implement compulsory instrument ; nevertheless, Indonesia should more pay attending to international recommendation. Although ISPS are non cover in Resolution A.996 ( 25 ) , ISPS codification including Part B which is non compulsory is one illustration of recommendation that already implemented in Indonesia.A Indonesia already established International Ship and Port Facilities Security since 1st July 2004 ( Ministry, 2008a ) .
c. Review and confirmation of the effectivity
Port province control informations, accident statistics and audit are the ways to reexamine and verify flag province execution effectiveness.A Unfortunately, larboard province control statistic for Indonesian vas non gives good intelligence. In Tokyo MoU one-year study 2008, Indonesia is in 6th topographic point in highest detainment study with 19.14 % or 40 detainments. With 634 reviews from 2006 to 2008 there are 123 detainments which put Indonesia in black list.A However, Biro Klasifikasi Indonesia can turn out that they have better public presentation, which in Tokyo MoU, BKI has medium public presentation degree ( Tokyo MoU, 2009 ) .
Number of vessel accident in Indonesia besides comparatively high. Figure 1 shows the statistics from 2003 to 2008. It tends to increase from 2003 to 2007 and the highest figure occurs in 2007 with 145 accidents. However it shows good advancement when in 2008, figure of accident crisp lessening to 44 accidents. This likely prove that after 2nd biggest ferry catastrophe in Indonesia, SenopatiA Nusantara, happened at the terminal of 2006, authorities seeking difficult to better vas safety in Indonesia.
Furthermore, Indonesia has non yet volunteered for VIMSAS. Apart of recognizing that some duty non yet fulfilled, one of the jobs is likely cost which should be afforded for the audit. However this job should non be as a ground to forbear from using the audit. Integrated Technical Co-operation Programme ( ITCP ) can supply aid to fix audits and/or implement disciplinary steps in response to scrutinize findings and, if necessary, funding portion of the cost for the audit ( Franson, 2009 ) . Sing benefit of this audit, using VIMSAS could be the starting point for Indonesia to happen the right solution.
d. Achievement, care and betterment of overall organisational public presentation and capableness
In order to guarantee accomplishment and care of organisational public presentation, Indonesia realized urgency of bettering human resource development. Since 2006, each twelvemonth Indonesia trained about 600 people in assorted developing 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 footings of organisation betterment, Directorate General of Sea transit determined undertakings based on competency based rating. Indonesia besides planned to restructure and reform Biro Klasifikasi Indonesia to be more independent and professional ( Ministry, 2008b ) .
Although we can categorise Indonesian Maritime disposal has traditional public disposal manner with its authoritative bureaucratism, Indonesia has implemented some component of new public direction. Mandate of Biro Klasifikasi Indonesia for ISM audit besides shown Maritime disposal orientation in consequence, with realized their limited capableness for making excessively much undertaking. Directorate has besides published minimal criterion of services which mention public presentation index ( Directorate, 1999 ) .
Surely, all lack should be overcome, one of the solution is by implementing the codification in Resolution A.996 ( 25 ) . However, there are many possible effects have to be faced by Indonesia in order to to the full implement the codification. One illustration of of import parts is sing casualty probe.
IV. Consequence of the codification for casualty probe in Indonesia
As portion of the scheme, casualty probe is one of flag province duty that should implement.A Resolution A.996 ( 25 ) point out that flag province should transport out probe following a marine casualty or pollution incident. Three effects that should see sing casualty probes are provide qualified research workers, print the consequence for certain instances, and study to IMO harmonizing to the guidelines ( IMO,2007 ) .
Wherever the location of casualty or incident, flag State should be prepared to supply qualified research workers. Individual research workers should hold working cognition and practical experience in those capable countries refering to their normal responsibilities. Additionally, in order to help single research workers executing responsibilities outside their normal assignments, flag State should guarantee ready entree of assorted expertness such as expertness in pilotage and Collision Regulations, causes of marine pollution, questioning techniques, grounds assemblage, and rating of the effects of the human component ( IMO,2007 ) . High qualified research worker can carry on good probe which finds non merely the direct causes but besides the root causes to avoid the reoccurrence. In footings of research worker, Indonesia merely has 6 single research workers. As Karmoyono, caput of nautical transit sub commission NTSC said, to quickly cover with all accident go on in Indonesia at least 30 single research workers is needed, with 1 research worker for each state ( Yunita,2008 ) . Addressing this job, Indonesia can seek to develop its capableness through plan offered in UNDP ; every bit long as conform to UNDP planetary authorization and follow the procedure, Common Country Assessment, United Nations Development Assistance Framework and Common Country Programme Action Plan ( Jopap,2009 ) . Along with developing internal capableness, Indonesia can besides research possibility to take advantage of multi province cooperation with get professional expert from other state.
Furthermore, the probe consequence should be informed to every party involved as input for improvement.A Harmonizing to Smith and Schmidt, “When look intoing accident, success is measured by the grade to which the party expeditiously receives the information it needs and is able to move in its ain best involvement based on that knowledge” ( Smith & A ; Schmidt, 2005, p.210 ) . It is tantrums to demand of the codification, which is to print the consequence of probe to the populace, particularly any accidents affecting personal hurt asking absence from responsibility of three yearss or more and any deceases ensuing from occupational accidents and casualties to 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 merely 2 of the study are published in NTSC web site ( NTSC, 2009b ) .
Last effect is requirement to describe in conformity with MSC/Circ.953-MEPC/Circ.372, Reports on Marine casualties and incidents, and revised harmonized coverage processs which is studies required under SOLAS ordinance I/21 and MARPOL 73/78 articles 8 and 12.
Schemes mentioned in Resolution A.996 ( 25 ) has give comprehensive step to implement IMO convention. Indonesia as flag province has developed short term and long term strategic programs which in line with some portion of the codification. Indonesia besides conducted the scheme ; nevertheless, there are still many lacks occurred, particularly in enforcement, attachment to the international recommendation, and confirmation of effectivity. Recognizing the benefit of the codification, it is every hope that all possible effects which arise from implementing the codification in Indonesia can be managed.