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All Journal Journal of Constitutional Law Society (JCLS) Journal of Legal Contemplation
Fathurrahim
Faculty of Law, Universitas Khairun
Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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SEAFARERS' RIGHTS AND FINALITY OF MARITIME COURT DECISIONS Fathurrahim; Andika Adhyaksa; Nurhayati Chalil
Journal of Constitutional Law Society Vol. 5 No. 2 (2026): September
Publisher : Pusat Studi Konstitusi dan Perundang-undangan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/jcls.v5i2.166

Abstract

This research examines the juridical consequences of the finality of Maritime Court decisions for seafarers' constitutional rights to justice and legal certainty, alongside an evaluation of oversight and protection mechanisms against administrative abuse. Indonesia's archipelagic character makes the maritime sector economically vital, yet seafarers face heightened legal vulnerability when maritime accidents occur, particularly because Maritime Court rulings are statutorily final and unappealable. The urgency stems from the tension between procedural efficiency and constitutional safeguards, compounded by the lack of adequate remedies for rights restoration. Employing a normative-juridical method with statutory and conceptual approaches, this study applies legal content analysis, systematic interpretation, and comparative examination of primary, secondary, and tertiary legal sources. The primary statutes scrutinized are Law No. 17 of 2008 on Shipping and Law No. 48 of 2009 on Judicial Power, alongside relevant implementing regulations. The precise legal finding reveals that the statutory finality properly understood as "final and binding" under Article 10(2) of Law No. 17/2008 effectively forecloses ordinary appeal mechanisms, thereby restricting seafarers' access to substantive justice and external judicial oversight. This closure increases the risk of authority misuse, as no hierarchical appellate remedy exists for factual or legal errors in Maritime Court adjudication. The study concludes that a reinterpretation of finality's normative scope, reinforced by external supervisory mechanisms, and improved legal literacy among seafarers are essential. The novelty lies in positioning seafarers' constitutional rights as the analytical core not a secondary byproduct of the finality discourse, offering a rights-based critique that challenges the prevailing efficiency-oriented justifications for procedural finality.
Integration of the Concept of Archipelagic State and Jou Se Ngofangare Customary Values in the Formation of Marine Policy in North Maluku Fathurrahim; Nurhayati Chalil
Journal of Legal Contemplation Vol. 1 No. 3 (2025): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v1i3.15

Abstract

This research aims to analyze how the customary value of Jou Se Ngofangare functions as a source of social and moral legitimacy in implementing marine policy based on the Archipelagic State concept in North Maluku. The study arises from the existing gap between marine policies founded on national and international legal frameworks-such as UNCLOS 1982 and Law Number 6 of 1996 on Indonesian Waters-and the deeply rooted local wisdom of North Maluku’s indigenous communities. The Jou Se Ngofangare value, which emphasizes respect, justice, balance, and moral responsibility toward nature, is seen as a moral compass that can strengthen the legitimacy and contextual relevance of marine policies. The research highlights the urgency of integrating customary values into public policy to minimize social resistance and promote equitable, sustainable marine resource management. Using a normative legal method combined with a socio-legal approach, the study examines both formal legal norms and the living law embodied in customary practices. The findings reveal that Jou Se Ngofangare values play a crucial role in enhancing the effectiveness, community acceptance, and ethical grounding of marine policy implementation. However, challenges remain in the limited formal recognition of customary norms within regulatory frameworks and the weak coordination between government institutions and customary authorities. Ultimately, this research proposes an integrative model that bridges positive law with local wisdom, offering a contextualized and culturally rooted foundation for marine policy legitimacy in North Maluku.
Co-Authors Andika Adhyaksa Nurhayati Chalil