Efficiency and transparency in logistics costs are key factors in enhancing the competitiveness of Indonesia's maritime sector. In the provision of port services, tariffs are imposed in relation to various services rendered by Port Administrators and Port Business Entities. Accordingly, clarity regarding the basis for imposing such tariffs constitutes an important aspect of the provision of port services.

As part of its supervisory and regulatory functions in the port sector, the Directorate General of Sea Transportation has issued Directorate General of Sea Transportation Circular Letter No. SE-DJPL 4 of 2026 concerning the Imposition of Port Service Tariffs Based on Services Rendered ("SE-DJPL 4/2026"), which became effective on 1 April 2026. The Circular Letter serves as guidance for Harbourmaster and Port Authority Offices and Port Management Units  in supervising the imposition of port service tariffs, while reaffirming that such tariffs must be imposed based on the services actually rendered.

SE-DJPL 4/2026 neither amends the existing tariff structure nor introduces new categories of port service tariffs. Rather, it reaffirms the implementation of the prevailing regulatory framework governing the imposition of port service tariffs based on services rendered.

Legal Framework

SE-DJPL 4/2026 was issued as guidance for port supervisory authorities in overseeing the imposition of port service tariffs based on services rendered by Port Administrators and BUPs in accordance with the prevailing laws and regulations governing port services. In issuing SE-DJPL 4/2026, the DGST refers to the following regulations governing port administration:

1. Law No. 17 of 2008 on Shipping, as amended several times, most recently by Law No. 66 of 2024;
2. Government Regulation No. 61 of 2009 on Port Affairs, as amended by Government Regulation No. 64 of 2015;
3. Government Regulation No. 15 of 2016 concerning the Types and Tariffs of Non-Tax State Revenue Applicable to the Ministry of Transportation; and
4. Minister of Transportation Regulation No. PM 72 of 2017 concerning the Types, Structure, Classification, and Tariff-Setting Mechanism for Port Service Tariffs, as amended by Minister of Transportation Regulation No. PM 121 of 2018.

Through this Circular Letter, the DGST does not introduce new legal norms concerning port service tariffs. Instead, it reaffirms the implementation of existing provisions under the applicable laws and regulations.

Key Development and Practical Implication

1. Reaffirmation of Tariffs Based on Services Rendered

The principal subject of SE-DJPL 4/2026 is the reaffirmation that port service tariffs may only be imposed based on the services rendered. The Circular Letter also expressly states that Port Administrators and BUPs must not impose tariffs where no services have been provided. This reaffirmation serves as guidance for port supervisory authorities in overseeing the imposition of port service tariffs in accordance with the applicable regulatory framework.

2. Reaffirmation of the Allocation of Tariff-Setting Authority

SE-DJPL 4/2026 also reaffirms the allocation of authority for determining port service tariffs. Tariffs for the use of waters and/or land areas, as well as port services provided by Port Administrators, are stipulated through Government Regulations and constitute Non-Tax State Revenue (Penerimaan Negara Bukan Pajak or PNBP). Meanwhile, tariffs for commercial port services provided by BUPs are determined by the respective BUPs in accordance with the tariff types, structure, and classifications established by the Government and constitute the revenue of the relevant BUP. This reaffirmation reflects the existing allocation of authority as provided under the prevailing laws and regulations governing port services.

3. Services Must Be Provided in Accordance with Standard Operating Procedures

SE-DJPL 4/2026 further reaffirms that Port Administrators and BUPs are required to provide port services in accordance with the applicable Standard Operating Procedures (SOPs) at each port before tariffs may be imposed for such services. This requirement forms part of the supervisory guidance on the imposition of port service tariffs as set out in the Circular Letter.

4. Reaffirmation of the Imposition of Port Service Tariffs

SE-DJPL 4/2026 does not amend the existing tariff-setting mechanism or the procedures for imposing port service tariffs established under the prevailing laws and regulations. Instead, the Circular Letter reaffirms that port service tariffs must be imposed based on the services rendered in accordance with the applicable legal framework.

5. Matters for Business Actors to Note

For Port Administrators, BUPs, shipping companies, logistics companies, exporters, importers, and other users of port services, SE-DJPL 4/2026 reaffirms that port service tariffs must be imposed based on the services rendered in accordance with the applicable laws and regulations.The Circular Letter also reiterates the allocation of tariff-setting authority for port service tariffs and the obligation to provide port services in accordance with the applicable Standard Operating Procedures.

Conclusion

SE-DJPL 4/2026 serves as guidance for Harbourmaster and Port Authority Offices (KSOPs) and Port Management Units (UPPs) in supervising the imposition of port service tariffs. Through this Circular Letter, the DGST reaffirms that port service tariffs must be imposed based on the services rendered, clarifies the allocation of tariff-setting authority between Port Administrators and BUPs, and reiterates that port services must be provided in accordance with the applicable Standard Operating Procedures. Although SE-DJPL 4/2026 does not introduce new tariff categories or establish new legal obligations relating to port service tariffs, it reaffirms the implementation of the existing regulatory framework, thereby supporting the consistent application of port service tariffs in accordance with the prevailing laws and regulations.