There Is Intimidation From The TKBM Group, Maritime Entrepreneurs Question SKB 2011

Photo caption: TKBM masses visited the Floating Crane Service operator in Adang Bay Bay Bay, Paser, East Kalimantan forced activities to be stopped, December 1, 2025. (IST)

A number of maritime service entrepreneurs have questioned the re-implementation of the 2011 Joint Decree (SKB) between the Directorate General of Sea Transportation, the Directorate General of Manpower Placement Development, and the Deputy for the Ministry of Cooperatives which regulates the Development and Arrangement of the Unloadloading Manpower Cooperative (TKBM) at Ports. The regulation, which is more than 13 years old, is considered to have caused excessive interpretation and became the basis for intimidating actions in the field.

PT Advisa Maritime Indonesia (AMI) has officially sent a letter requesting clarification to the Ministry of Cooperatives, and copied it to the Directorate General of Sea Transportation of the Ministry of Transportation, to ascertain whether the SKB 2 of the Director General of 1 Deputy of 2011 is still fully valid and whether the provisions includeshipment orship toship (STS) activities outside the port area.

In the report submitted by AMI, it was stated that there had been a forced cessation of loading and unloading activities by groups on behalf of TKBM. They forced their way onto the ship, intimidated the captain and crane operator, and tried to take over the wheel of the crane that was being operated by certified staff.

The forced cessation was carried out by mobilizing the masses, causing disturbances to the safety of the crew, and causing operational losses. AMI experienced intimidation to the forced cessation of activities in Adang Bay Bay Bay, Paser Regency, East Kalimantan, early this December.

AMI assesses that these actions have the potential to fulfill elements of criminal offenses such as unpleasant acts (Article 335 of the Criminal Code), extortion or threats (Article 368 of the Criminal Code), and potential violations of shipping safety as regulated in the Shipping Law.

"We ask for protection and legal certainty, we are only operators of sea transportation services. If we refer to the Shipping Law No. 17 of 2008, there should be no action to enter ships without permission, hinder loading and unloading, and interfere with shipping safety, that is clearly a crime," Mohamad Rifai, Director of Legal PT AMI told reporters in Jakarta, Tuesday 9 December 2025.

SKB 2011 clearly regulates the obligation to use TKBM in port areas such as DLKr and DLKp. However, Article 8 which requires crane operators using TKBM personnel is considered often misinterpreted as applicable to all types of loading and unloading activities, including STS which is far away in open waters.

In fact, STS activities legally are not port loading and unloading activities, but maritime technical operations that require special competence and international certification.

"Therefore we write, whether the 2011 SKB is still relevant and whether it applies to transaction activities that are not in port jurisdiction. This uncertainty opens up space for action beyond the authority," said Rifai.

Entrepreneurs assess that the confusion that occurred in the field began with the uncertainty of regulations and unilateral interpretations regarding the 2011 SKB. Therefore, a clarification letter to the Ministry of Cooperatives and the Ministry of Transportation is expected to provide legal certainty, prevent intimidation, and ensure a conducive business climate.

"We hope that the government will confirm so that business activities in the maritime sector can run without pressure and without action that endangers safety," he added.