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All Journal JURNAL MAHKAMAH
Indra Sakti
Universitas Riau Kepulauan, Indonesia
Law, Crime, Criminology & Criminal Justice

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The Effectiveness of Maritime Law Enforcement on Marine Pollution by Commercial Vessels in Indonesia: Institutional Analysis and Implementation of MARPOL 73/78 Alvon; Indra Sakti; Agus Riyanto
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7857

Abstract

This study analyzes the effectiveness of maritime law enforcement against marine pollution by commercial ships in Indonesia by placing the implementation of MARPOL 73/78 and institutional coordination as the main focus. The problems studied depart from the gap between the completeness of legal arrangements, such as UNCLOS 1982, MARPOL 73/78, the Shipping Law, the Law on Environmental Protection and Management, and the Marine Law, and the Maritime Law, and the practices of supervision and enforcement that still face overlapping authority. This study uses a normative juridical method with a statutory approach, a conceptual approach, and a case approach through the analysis of primary legal materials, secondary legal materials, and scientific literature related to pollution from ships. The results of the study show that the effectiveness of law enforcement has not been optimal due to the fragmentation of authority between Bakamla, KKP, TNI AL, Syahbandar/KSOP, KLHK, Polairud, and PPNS; limitations  of Port Reception Facilities; weak integration of surveillance data; and inconsistent application of administrative, civil, and criminal sanctions. These findings show that the legal substance is relatively available, but the institutional structure, means of supervision, and compliance culture of shipping business actors are still weak points. Therefore, it is necessary to strengthen integrated coordination mechanisms, standardize follow-up inspection results, improve port waste reception facilities, and apply more consistent sanctions so that marine environmental protection can run more effectively and sustainably.
The Urgency of Legal Regulation on the Responsibility of Sea Transportation Business Actors for Passenger Losses Due to Ship Accidents in Indonesia Ariyanto; Isfandir Hutasoit; Indra Sakti
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7858

Abstract

This study analyzes the urgency of legal regulation of the liability of sea transportation business actors for passenger losses due to ship accidents in Indonesia. The main problems studied are the fragmentation of regulations between the Civil Code, the Criminal Code, Law Number 17 of 2008 concerning Shipping, Law Number 8 of 1999 concerning Consumer Protection, and the compulsory passenger insurance scheme. This research uses a normative juridical method with a legislative, conceptual, and case approach. Primary legal materials include laws and regulations in the field of shipping, consumer protection, and mandatory passenger accident coverage, while secondary legal materials are in the form of journal articles, official reports on ship accidents, and transportation law literature. The analysis is carried out in a prescriptive-qualitative manner through the synchronization of norms and legal interpretation. The results of the study show that the responsibility of sea transportation business actors still does not provide optimal certainty because there are differences in the basis of responsibility, a heavy burden of proof for victims, limited information on the seaworthiness of the ship, and the unclear relationship between mandatory insurance compensation and follow-up compensation claims. Therefore, strengthening regulations needs to be directed at harmonizing norms, transparent standards for compensation claims, risk-based feasibility audits, safety information disclosure obligations, and more effective enforcement of sanctions.
Construction of Legal Accountability for the Use of Artificial Intelligence in Illegal Fishing Supervision in Indonesia's Exclusive Economic Zone Rianto Hendry Roberto; Dwi Afni Maileni; Indra Sakti
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7861

Abstract

This study examines the construction of legal accountability for the use  of Artificial Intelligence in the supervision of illegal fishing in Indonesia's Exclusive Economic Zone. The main problem of this research is not only the state's ability to detect ships, but the vacuum of norms regarding who is responsible when the results of detection, predictions, or recommendations based on algorithms are wrong, biased, unverifiable, or cause law enforcement actions that harm certain parties. This study uses normative legal methods with limited legislative, conceptual, and comparative approaches. Primary legal materials include the Fisheries Law, the EEZ, UNCLOS 1982, provisions on electronic evidence, personal data protection, and marine and fisheries resources supervision rules. Secondary legal materials were obtained from the latest journals on maritime surveillance, IUU fishing detection, remote sensing, and algorithmic accountability. The results show that Artificial Intelligence should be placed as a decision support system that requires human validation, not as an automatic authority that replaces law enforcement officials. The results of AI analysis can be valuable as intelligence information or initial indications, while its use as evidence must meet data validity, system integrity, audit trail, and chain of custody. Legal accountability is constructed in stages, i.e. the state is responsible for the policies, standards, procurement, and audit of the system; Ministries/agencies and operators are responsible for use and validation; the developer or vendor is liable for design defects, security failures, or system malfunctions; and illegal fishing perpetrators  remain responsible for substantive violations. The study recommends specific norms regarding algorithmic auditing, automated decision restriction, human-in-the-loop, cybersecurity, data interoperability, and AI-based action objection mechanisms.
Co-Authors Agus Riyanto Alvon Ariyanto Dwi Afni Maileni Isfandir Hutasoit Rianto Hendry Roberto