Guide
Lost Ship Grosse Deed in Indonesia: How to Get a Replacement
The grosse deed (grosse akta) is the proof of ownership of a ship registered in Indonesia. If it is lost, the owner cannot simply ask the registry for a new copy: the law requires a district court order first. This guide explains the route from the loss report to the replacement deed.
Published: Last reviewed: Prepared by Nautinix
What is a ship grosse deed and why does it matter?
Regulation PM 39 of 2017 on Ship Registration and Nationality defines a grosse deed as the official copy of the original deed (minut). The original is kept by the registrar and every deed is recorded in the master register, while the grosse is what the entitled party receives: the registration grosse after first registration, the ownership-transfer (balik nama) grosse after a change of owner, and a mortgage grosse when the ship is mortgaged. The mortgage grosse goes to the mortgagee, such as a bank, together with the registration or ownership-transfer grosse (Article 31).
Under PM 39/2017, the registration or ownership-transfer grosse must be attached to, among others:
- An ownership transfer when the ship is sold, gifted or otherwise changes hands (Article 18).
- The annual endorsement of the Surat Laut and Pas Besar (Article 63).
- A new nationality certificate after a change in the deed data or a transfer of ownership (Articles 64 and 65).
- The transfer or deletion (roya) of a mortgage, which requires the original (Articles 33 and 38).
- Deletion of the ship from the Indonesian register (Article 24).
What is the legal basis for a replacement grosse deed?
Article 161 of Law 17 of 2008 on Shipping provides that a damaged, lost or destroyed registration grosse may be replaced with a new grosse. The replacement may only be issued by the ship registrar at the place where the ship is registered, based on a district court order.
Article 23 of PM 39/2017 adds the detail:
- A replacement can be issued for a registration deed, an ownership-transfer deed or a mortgage deed.
- For a lost grosse, the basis is a decision of the district court where the owner has its head office or domicile.
- The owner applies through SPKE, the online registry system, to the registrar where the ship is registered, attaching the court order (if lost) or the damaged grosse (if damaged).
- The replacement is signed by the registrar or an assistant registry officer, dated, and recorded in the master register on the same day.
How do you obtain a replacement grosse deed?
There are two stages: a court stage to obtain the order, then an administrative stage at the ship registry.
A sample petition published by a district court sets out the applicant’s identity, the ship’s particulars from its tonnage certificate (dimensions, tonnage, tonnage mark, main engine), the number and date of the lost grosse, a statement that the loss was reported to the police, and a request that the court order the registrar to issue a replacement. Formats and requirements vary between courts, so check with the court’s service desk (PTSP).
| Stage | What happens | Result |
|---|---|---|
| 1. Loss report | Report the loss to the police and gather the ship’s data: grosse number and date, place of registration, Surat Ukur and nationality certificate | Police loss report and complete ship data |
| 2. Check with the registry | Match the ship’s data against the master register and ask about that office’s requirements | Accurate data for the petition |
| 3. Court petition | File a petition with the district court for the owner’s head office or domicile | Petition registered and a hearing scheduled |
| 4. Hearing and order | The judge examines the petition; the applicant brings documentary evidence and, if asked, witnesses. Court costs are borne by the applicant | An order declaring the grosse lost and directing a replacement |
| 5. Replacement application | Apply through SPKE to the registrar where the ship is registered, attaching the court order | Replacement grosse recorded in the master register |
What if the grosse deed is damaged rather than lost?
For a damaged grosse, Article 23 of PM 39/2017 requires the damaged deed to be surrendered with the application. However, Article 161 of the Shipping Law names a district court order as the basis for every replacement grosse, damaged ones included. Ask the registry where the ship is registered whether it also requires a court order for a damaged deed, and keep whatever remains of the original.
How long does it take and what does it cost?
No fixed timeframe can be promised. The court stage depends on the hearing schedule and how ready the evidence is; the registry stage depends on a complete file. Because a court is involved, the process usually takes longer than routine ship paperwork, so start as soon as the loss is discovered.
Costs consist of the district court petition fee, any PNBP (non-tax state revenue) charged for issuing the replacement at the official rate, and a service fee if you use an agent. Official charges are not set by Nautinix.
What are the risks of leaving a lost grosse deed unresolved?
Until the replacement is issued, no process that requires the grosse can be completed. For deleting a ship whose ownership has changed, Article 24(5) of PM 39/2017 states that a lost grosse must first be replaced based on a court order.
The annual endorsement of a Pas Besar or Surat Laut also requires the grosse, so an unresolved loss can lead to an unendorsed nationality certificate and, ultimately, a Port Clearance (SPB) that is held up. The court route also protects owners: a replacement is issued only on a court order, not on request alone.
How can you prevent losing the grosse deed?
A few simple habits save a great deal of time if a document goes missing:
- Keep the original ashore in a safe, fire-resistant place, apart from the documents carried on board.
- Keep a colour scan and note the number, date and place of registration; the court petition needs them.
- Use a receipt whenever the original is handed over, for example to a bank, notary or prospective buyer.
- When selling the ship, make sure the original grosse is handed over and the transfer is filed within 3 months.
- Nautinix can help prepare the data and file, liaise with the registry and support you until the replacement is issued.
Legal Basis and References
- Law No. 17 of 2008 on Shipping (as last amended by Law No. 66 of 2024), Article 161 (official source, opens in a new tab)
- Minister of Transportation Regulation PM 39 of 2017 on Ship Registration and Nationality, Article 23 (official source, opens in a new tab)
These references are provided for information. Always check the latest version of each regulation and its implementing rules at the official source.
The information on this page is general and educational. Requirements, procedures and processing times can differ by vessel type, GT, operating area, issuing office and current regulations. Nautinix is an independent ship document service company and does not replace the authority of the relevant government agencies.
Frequently Asked Questions
Can a photocopy of the grosse deed be used instead?
Not for processes that require the original, such as transferring or deleting a mortgage. Some applications, like issuing a Surat Laut or Pas Besar, ask for a photocopy of the grosse, but a copy never replaces the original. It is still useful as supporting evidence of the ship’s data when petitioning the district court.
Which district court handles the petition?
PM 39/2017 refers to the district court where the owner has its head office or domicile. For a company, that is the court covering its head office; for an individual, the court for their domicile. The replacement itself is still issued by the registrar where the ship is registered, which may be in another city.
Can ownership be transferred while the grosse deed is lost?
An ownership-transfer application must include the registration or ownership-transfer grosse (PM 39/2017, Article 18), so the replacement has to be obtained first through a district court order. Buyers should check this before the sale, because the new owner must apply for the transfer within 3 months.
What if the lost document is the mortgage grosse?
Article 23 of PM 39/2017 also covers mortgage deeds, so a lost mortgage grosse can be replaced based on a district court decision. Transferring or deleting a mortgage requires the original mortgage grosse, so the owner should coordinate with the bank or creditor holding the mortgage before applying.