Video summary

Materi 3 Proses Pemeriksaan Kecelakaan Kapal

Main summary

Key takeaways

Educational

Main Ideas & Concepts Conveyed

  • Introduction of the topic and speaker’s role

    • The speaker, Captain Dr. Renaldo Sukri, introduces himself as the Head of the Sailing Order Sub-Directorate within the KPLP Directorate, Ministry of Transportation.

  • Definition of a ship accident

    • A ship accident is described as an unexpected event involving a ship (at sea, rivers, lakes, etc.) that can lead to:
      • ship damage
      • loss of life
      • injury to passengers/crew
      • other material/economic losses
    • Examples explicitly included: sinking, burning, collision, running aground.

  • Causes of ship accidents

    • Potential causes mentioned include:
      • bad weather
      • human error
      • machine/technical failure
      • collision with another ship
      • other unspecified factors

  • Legal and regulatory basis for ship accident investigations

    • National legal basis referenced:
      • Minister of Transportation Regulation P6 (2020): procedures for examining ship accidents
      • Government Regulation No. 9 (2019) (referenced: Article 16 and Article 36): provides a foundation requiring technical guidelines
      • Minister of Transportation Regulation PM30 (2020): updates/refines administrative sanctions provisions
    • International standard referenced:
      • IMO Resolution MSC.255(84) (adopted May 16, 2008): contains the Investigation Code for marine casualty/incident safety investigation.

  • Objectives of investigation

    • Investigations aim to:
      • identify causes and incident factors
      • ensure incidents do not happen again
      • produce recommendations that improve maritime safety through professional, systematic, independent work

  • Investigation stages and responsible institutions

    • Preliminary examination
      • Conducted by Syahbandar (harbor master) or a government official appointed by the Minister
      • Continues until handover/follow-up steps involving the maritime court
    • Follow-up examination
      • Handled by the Shipping Court/Maritime Court
      • Decides on proficiency/qualification standards and causation (e.g., negligence vs. nature vs. infrastructure/equipment damage)
    • Criminal investigation involvement
      • PPNS (Civil Servant Investigators in relevant directorate) may handle initial evidence related to maritime crimes
      • Police investigators may be involved if criminal elements exist (as opposed to purely technical/system issues)

Methodology / Instructions Presented

A) Framework and Timing for Preliminary Examination (PM6/2020)

  • Preliminary examination is an activity conducted by:
    • Syahbandar, or
    • a government official appointed by the Minister (minister of shipping affairs)
  • Timing requirement:
    • Must be completed no later than 21 working days from receipt of the ship accident report by Syahbandar (or the nearest authorized Indonesian government representative/official)

B) Minimum Competence Requirements for the Inspection Team

  • Technical knowledge/expertise areas include:
    • shipping operations expertise
    • ability related to operational navigation equipment
    • competence in calculating map readings
    • knowledge of ship maneuvers
    • understanding of structural aspects in shipping safety management and ship safety
  • Additional capabilities:
    • conduct examinations and interviews
    • understand interrogation/interview techniques
    • ability to read instructions/questions appropriate to the circumstances and information
    • strong cross-agency coordination capability
    • ability to communicate (written and spoken) in any required language, including English
      • Rationale: if a foreign vessel is involved, effective communication reduces obstacles during interrogation and supports understanding of international law

C) Data Collection and Documentation Steps After Receiving the Accident Order

  • After receiving the order letter:
    • the inspection team must conduct activities 7 days after receiving it
  • Activities include:
    • data collection
    • gathering information and documentation
    • collecting images/visual materials
    • preparing and documenting the “source/how the accident is stated” in a data collection method report
    • ensuring the report is signed by the inspection team

D) Data Sources to Collect (Minimum Categories)

  • The minimum categories “at least include”:
    • ship data
    • ship documents
    • relevant equipment and supplies on board the ship
  • The inspection team also determines:
    • which persons will be examined
    • the preliminary inspection plan for the ship accident

E) Evidence Types Mentioned (Linked to Article 39 of PM6/2020)

  • Types of evidence discussed:
    • written evidence
    • statement of the suspect/examinee
    • witness testimony
    • expert testimony
    • statements of the parties involved
    • images/visual evidence (“instructions on the image” / visual materials)

F) Interview/Examination Technique Principles (Behavioral and Question Strategy)

  • General principles emphasized:
    • Develop and maintain a good relationship with the interviewee
    • Do not get emotional during interviews (explicitly discouraged: becoming emotional / “boxing” behavior)
    • Encourage active involvement of the interviewee (ask questions clearly)
    • Use questions that prevent stress:
      • open, simple, unbiased questions
      • avoid confusing, circular questions
    • Listen actively
      • study what is said and write it down
    • Use a communication style suitable to the interviewee
  • Goal:
    • act as the “best interviewer” so communication becomes easier in future steps

G) “Initial Documents” to Secure (SPB-Centric)

  • Obtain early/on-scene documents, especially:
    • SPB (explicitly treated as essential)
      • if a ship has no SPB, it implies the ship is operating without proper authorization and is treated as a criminal act
  • Other early/on-scene documents include:
    • Arrival and departure reports / memorandums
    • Captain’s statement
    • If passenger ship: manifest
    • If cargo ship: cargo manifest
    • Identity documents if possible (passports or identity cards)
    • Sea work agreement bundle
    • Crew certification books and certificates, including:
      • seaman’s book
      • seaman’s certificate
      • confirmation certificate / COE
      • seaman’s skill certificate / COP
    • Government-issued ship documents/certificates mentioned:
      • measurement certificate
      • nationality certificate / ship registration certificate
      • ship safety certificates, including pollution prevention certificate
      • load line certificate
      • safety management certificate / ASM and SMC
      • company adjustment documents
      • manning documents
      • class certificate (if the ship is classed)
    • Insurance copy
      • Ships granted SPB are described as having recovery insurance (and CLC insurance)
      • uninsured ships are not to be serviced with SPB
      • insurance is important to cover accident-related funds and activities

H) Investigation Specifics by Accident Type

  • Ship collisions
    • Consider:
      • maneuvering capability
      • ship trial report
      • equipment list
      • navigation calibration list
      • steering system (automatic or manual)
      • deck engine lockbook on the day of the incident
  • Ship running aground
    • Also require:
      • weather analysis / record chart correction
      • and/or relevant notices (transcript mentions “notice to marine” / “BPI news” of Indonesian sailors)

I) Purpose of “Preliminary Examination Analysis” (What It Must Accomplish)

The analysis should:

  • confirm the legal basis for preliminary examination
  • ensure data, information, and initial evidence strengthen preliminary investigation
  • re-check facts using the statements of the examinee
  • determine suspected cause carefully (because sanctions may still apply)
  • produce conclusions and opinions from preliminary examination results

If a foreign vessel is involved:

  • the directorate/UPT can present additional guidance via the central process

J) Handover and Roles of Later Stages

  • Preliminary analysis submitted by Syahbandar:
    • should be strong since it becomes initial evidence
    • sent to the KPLP Directorate for collaboration/analysis by a central team
  • Follow-up examination:
    • Maritime/Shipping Court conducts the next stage
  • Role of PPNS and police:
    • PPNS focuses on identifying initial evidence for potential maritime crime
    • if criminal elements exist, police investigate
    • technical/system matters may not require police involvement

K) Guidance on Reporting Quality (Ethics / Accuracy)

The speaker urges participants to:

  • produce the most objective report possible
  • avoid fabricated reporting
  • ensure investigation outcomes do not unjustly harm others
  • address the real problem, noting that many recent accidents have harmed people and stakeholders

Speakers / Sources Featured

Speakers

  • Captain Dr. Renaldo Sukri, M.M., MR Head of the Sailing Order Sub-Directorate, KPLP Directorate, Ministry of Transportation

Legal / Regulatory and Institutional Sources Mentioned

  • Minister of Transportation Regulation P6 (2020): procedures for examining ship accidents
  • Minister of Transportation Regulation PM30 (2020): update/refinement regarding administrative sanctions
  • Government Regulation No. 9 (2019): examination of ship accidents (Article 16 and Article 36)
  • Law No. 17 (2008) on shipping (Article 220 mentioned; discussed in SPB/insurance context)
  • PP31 (2021): organizers in the shipping sector (mentioned)
  • Minister of Law and Human Rights Regulation No. 28 (2022): regulations regarding PISPB/SPB-related matters (mentioned)
  • PM57 (2021): procedures for inspection, testing, certification of ship safety (mentioned)
  • Other Ministry of Transportation regulations mentioned:
    • PM110 (2015): ship safety inspection officials
    • PM45 (2012): COD (as stated in transcript)
    • PM65 (2009): standards for non-conventional ships
  • IMO Resolution MSC 255(84) (adopted May 16, 2008): Investigation Code / international recommended safety investigation standard
  • PPNS (Civil Servant Investigators; referenced for maritime crime evidence)
  • Police investigators
  • Maritime/Shipping Court
  • KPLP Directorate
  • Syahbandar (harbor master) and minister-appointed officials
  • UPT (as referenced in the transcript)

Original video