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All Journal Siber International Journal of Advanced Law
St. Laksanto Utomo
Universitas Bhayangkara Jakarta Raya, Jakarta, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice

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Conflict of Authority Between Tourism and Shipping Over Special Sea Transportation for Tourism in Business Law Fatiyah Suryani Mile; St. Laksanto Utomo; Adi Nur Rohman
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 2 (2025): Siber International Journal of Advanced Law (October - December 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i2.327

Abstract

The rapid growth of marine tourism in Indonesia has generated complex legal intersections between the regulatory regimes of tourism and shipping, particularly concerning the governance of special sea transportation for tourism. This study examines the conflict of authority between the Ministry of Tourism and Creative Economy and the Ministry of Transportation regarding the regulation, licensing, and supervision of vessels operating as tourist transport. Using a normative juridical approach combined with conceptual and statutory analysis, the research identifies overlapping competencies that create legal uncertainty for business actors in the tourism maritime sector. Findings indicate that the dualism of authority originates from the differing legal frameworks: Law No. 10 of 2009 on Tourism and Law No. 17 of 2008 on Shipping, both of which assign regulatory powers over similar economic activities without clear hierarchical coordination. This overlap results in regulatory inconsistency, bureaucratic inefficiency, and investment barriers, undermining the principles of legal certainty and fair competition in business law. The study argues that the conflict can be resolved through harmonization of legal norms and the adoption of a business law perspective that treats marine tourism as a hybrid economic activity requiring integrated governance.  The research proposes a reconstruction of authority division based on the principles of lex specialis, subsidiarity, and economic efficiency, emphasizing collaboration between maritime and tourism agencies. Such reconstruction would provide a coherent regulatory environment that enhances legal certainty, protects investors and tourists, and promotes sustainable development of Indonesia’s marine tourism industry in alignment with national economic goals and maritime sovereignty.
Bridging Legal Systems in the Era of Digital Commerce: A Comparative Study of Indonesia and Thailand Budihardjo Hardisurjo; M. S. Tumanggor; St. Laksanto Utomo
Siber International Journal of Advanced Law (SIJAL) Vol. 4 No. 1 (2026): Siber International Journal of Advanced Law (July - September 2026)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v4i1.411

Abstract

Digital commerce has transformed cross-border economic relations in Southeast Asia while exposing the limits of territorially bounded regulation. Indonesia and Thailand, two major ASEAN digital markets, have adopted rules on electronic transactions, consumer protection, personal data, cybersecurity, and platform services, yet differences in regulatory structure and enforcement continue to generate uncertainty. This article examines how the two legal systems may be bridged without eliminating legitimate national regulatory autonomy. It employs normative legal research using statutory, conceptual, and comparative approaches. Primary materials include Indonesian and Thai legislation, UNCITRAL instruments, and ASEAN agreements; secondary materials comprise peer-reviewed scholarship and authoritative books on digital trade, data governance, platform regulation, and online dispute resolution. The analysis finds substantial normative convergence in functional equivalence, electronic authentication, privacy protection, and consumer confidence, but identifies divergence in platform supervision, institutional design, cross-border data-transfer safeguards, and remedial mechanisms. It argues for functional harmonization based on minimum interoperable standards rather than wholesale legal unification. A proposed Indonesia–Thailand legal bridge consists of mutual recognition of trustworthy electronic transactions, compatible data-governance safeguards, risk-based platform accountability, coordinated consumer redress, and interoperable online dispute resolution. Such an approach can strengthen legal certainty, preserve regulatory space, and support an inclusive ASEAN digital economy sustainably.
Co-Authors Adi Nur Rohman Budihardjo Hardisurjo Fatiyah Suryani Mile M. S. Tumanggor