Circular Letter of the Director General of Sea Transportation Number SE-DJPL 4 of 2026 Establishing Guidelines for Port Tariff Imposition Based on Services

Introduction

On April 1, 2026, the Ministry of Transportation through the Directorate General of Sea Transportation (Direktorat Jenderal Perhubungan Laut, "DJPL") issued Circular Letter of the Directorate General of Sea Transportation Number SE-DJPL 4 of 2026 on Port Service Tariff Imposition Based on Services ("SE DJPL 4/2026"). SE DJPL 4/2026 serves as a guideline for the Heads of Main Harbormaster and Port Authority Offices, including the Special Batam Area, Harbormaster and Port Authorities, and Port Organizer Units in supervising port activities and providing clarity on the appropriateness of port service tariff imposition based on services provided.

SE DJPL 4/2026 affirms the fostering of the implementation of the duties and responsibilities of Port Organizers through the control and supervision of port activities, specifically regarding tariff imposition, and prohibits the collection of fees if no services are provided.

Key Provisions

Scope and Coverage of Port Services

SE DJPL 4/2026 sets forth provisions regarding the implementation of port service tariff imposition by Port Organizers and Port Business Entities (Badan Usaha Pelabuhan, "BUP"). Port service activities include the provision and/or servicing of ships, goods, and passengers, each of which is subject to a tariff according to the services provided.

Separation of Tariff Determination Authority

The Government stipulates that tariffs for the use of waters or land and services organized by Port Organizers are governed through a Government Regulation and constitute Non-Tax State Revenue (Penerimaan Negara Bukan Pajak, "PNBP") as set forth in number 5 letter c number 1) of SE DJPL 4/2026, provided that PNBP refers, among others, to Government Regulation Number 15 of 2016 on the Types and Tariffs of Non-Tax State Revenue Applicable at the Ministry of Transportation (“GR 15/2016”) as affirmed in number 5 letter c number 3) of SE DJPL 4/2026. Meanwhile, the BUP determines the port service tariffs it commercializes based on the type, structure, and tariff classification stipulated by the Government and is treated as BUP revenue as set forth in number 5 letter c number 2) of SE DJPL 4/2026, provided that the tariffs refer to the Regulation of the Minister of Transportation Number PM 72 of 2017 on the Types, Structures, Classifications, and Mechanisms for Determining Port Service Tariffs as amended by the Regulation of the Minister of Transportation Number PM 121 of 2018 ("MOT Regulation 121/2018") in accordance with the provisions of number 5 letter c number 4) of SE DJPL 4/2026.

Service Obligations and Prohibition of Collection Without Services

SE DJPL 4/2026 obligates Port Organizers and BUPs to organize port services in accordance with the Standard Operating Procedures applicable in their respective ports and prohibits the collection of fees if no services are provided (“no service, no pay” principle) as set forth in number 5 letter d.

Service Tariff Structure and Calculation Basis

In implementing tariff collection, the relevant parties use the provisions in MOT Regulation 121/2018 as the basis for determining the unit of time and measurement.

1. Ship Services: Anchorage services are calculated based on the ship's size in Gross Tonnage ("GT") in units of GT per ship visit. Pilotage services are calculated based on the ship's size in GT in units of GT per movement linked to the pilotage distance and risk level. Towage services are calculated in units of GT per hour, while mooring services are calculated in units of GT per etmal.

2. Goods Services at multipurpose terminals: For general cargo and dry bulk, berth services are calculated based on units per ton/m³, while stevedoring and cargodoring services are calculated based on units per ton/m³ per service.

3. Goods Services at Container Terminals: Ship operation activities, such as berth services, stevedoring, and haulage or trucking, are calculated based on units per ton/m³/box/unit per service. Field operation activities for stacking are calculated based on units per ton/m³/box/unit per day, while lift on or lift off services are calculated based on units per ton/m³/box/unit per service.

4. Additional Services: Complementary services, such as invoice administration fees and information technology system administration for electronic payments, are charged based on units per invoice.

Tariff Determination Mechanism

The BUP formulates the proposed port service tariff to be subsequently agreed upon with service users before being consulted with the Minister of Transportation as set forth in Article 18 paragraph (1) of MOT Regulation 121/2018. However, this obligation to consult the Minister is exempted for terminals operated by more than one (1) BUP within a single (1) port, as well as for the determination of general goods service tariffs at multipurpose terminals specifically for stevedoring, cargodoring, and receiving/delivery activities.

Closing

SE DJPL 4/2026 affirms the supervision of port service tariff imposition by requiring suitability between the tariff and the services provided and prohibits the collection of fees without services. SE DJPL 4/2026 covers port service activities in the form of ship, goods, and passenger services, while simultaneously clarifying the separation of tariff determination authority between Port Organizers for PNBP and BUPs for business revenue. SE DJPL 4/2026 also affirms the obligation to organize services in accordance with Standard Operating Procedures and the use of measurable tariff structures and calculation bases. Since it took effect on April 1, 2026, these provisions serve as a reference for businesses to ensure that port service charges are aligned with the services received.