The implementation of the Asean China Free Trade Agreement (AC-FTA) and also cabotage principle in Indonesia requires us, as one of actor in the shipping industry to improve the quality of human resources for the improvement of service quality. But in the process, there are various technical and non-technically faults will be happen, such as vessel operation, hiring boats, charter vessels, shipping agency, even on the ship.
These errors may have occurred because of human negligence, lack of knowledge and competencies of human resources, and limitations of supporting facilities, including the theory books about sailing.
Learning from experience
Wise words said that experience is the most valuable teacher. Teachers that means in here, certainly not just a good experience, but also bad experiences, including mistakes. Let us learn from these examples:
Case Example 1
In the process of vessel berthing, shipping agents make every effort to expedite all activities ranging from administrative issues to the activities of loading and discharging. However, in practice, when the agency considers the handling of documents in order and the ship was waiting to finish unloading/loading of several terminal, there are always problems that arise. For the example, the differences between the BL figure and Ship figure after loading, small pumping rate, blowing to slow, crew’s bad attitude, pilot who had booked late to come, etc.
In this case, the author argues that all of us (ranging from sailor, agent, ship operator to owner) as a businessman is important to have the initiative to learn from mistakes. If in fact still happen, it means the spirit of learning in our daily work is still poor. This is certainly contrary to corporate culture that emphasizes the spirit of learning
Case Example 2
In May 2010, MT. Gold XXX came from Singapore to Surabaya, Indonesia. From Singapore, cargo ships exceeding 0,5% of BL figure tolerance. This could happen due to an error calculating the amount of cargo in the loading port. The surveyor, terminal, ship’s crew and weather also participate in this case. Later, this vessel would be problematic in discharge port, especially with custom parties.
Lesson from the case above, the crew should report to operation staff if finds problem like this as soon as possible before vessel left loading port.
If proven by law, the act of negligence of the calculation of BL figure as an example the case above, the risk of sanctions imposed under the Customs Act No.17 year 2006 article 102, which is:
Any person who:
a. Loading imported goods which are not listed in the manifest referred to in clause 7A subsection (2);
b. Discharge imported goods outside the customs area or elsewhere without the permission of the head of the customs office;
c. Discharge the imported goods that are not listed in the customs notification referred to in clause 7A subsection (3);
d. Discharge or store imported goods which is still under customs supervision in a place other than the specified destination and/or permitted;
e. Hiding the goods unlawfully imported
f. Removing the import of goods that have not completed the obligations of customs area of the landfill or bonded or elsewhere under the supervision of customs officials without the approval of the customs and excise levies resulting in non-fullfillment of the State under this Act;
g. Loading imported goods from places temporary hoarding or hoarding places that are not bonded to the customs office of destination and cannot prove that it is beyond his ability; or
h. With the intent to inform the type and/or quantity of goods imported in the wrong customs notification, shall be punished for conduct in the field of import smuggling by imprisonment of 1 (one) year imprisonment and 10 (ten) years and a fine not less than Rp.50,000,000.00 (fifty million rupiah) and at most Rp.5,000,000,000,00 (five billion rupiah)
We need to know the terms in this clause, in order to avoid misunderstanding among others:
• Imported goods that still under customs supervision is imported goods that its custom duty unresolved.
• Hiding imported goods unlawfully which are kept in a place that is not fair and/or intentionally cover up the existence of the goods
• Unusual places such as inside the container, inside the suitcase, inside the body, inside vessels in ship’s engine room or other places (explanation of clause 102)
Learning Spirit, Spirit of Initiative
From the cases above, we can learn how to find solutions to handle problems, without waiting for a long time from all the concerned authorities.
We prosecuted to find a solution without harming all parties, means not until falling into criminal smuggling. We can start by more learning of what caused the occurrence of these cases, and also always try to give logical arguments.
It is important that must be remembered the importance to have initiative. Initiatives to always learn, share knowledge and that is not less important is listening to others. In activity in the terminal, for example, we need to open ears to listen for complaints and information. Those working in terminals of course has a lot of information about the delivery charge, excess or deficiency in service activities loading/discharging needed by our company.
Therefore, the author hope that a learning spirit can be continuosly improved, especially for the crew, vessel operation staff, and agent. Not only to improve the quality of service. With learning our mistakes, risks fall into law by formal and material due to negligence of our work can also be prevented.
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