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All Journal Jurnal Hukum Sehasen
T. Riza Zarzani
Universitas Pembangunan Panca Budi, Medan
Law, Crime, Criminology & Criminal Justice

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Criminal Liability for Negligence in Seaworthiness (A Study of Banyuwangi District Court Decision Number 474/Pid.B/2021/PN Byw) Bonny Azwan; Henry Aspan; T. Riza Zarzani
JURNAL HUKUM SEHASEN Vol 12 No 2 (2026): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.12605

Abstract

This article examines criminal liability for negligence in seaworthiness through Banyuwangi District Court Decision Number 474/Pid.B/2021/PN Byw concerning the sinking of KMP Yunicee in the Bali Strait. The main legal issue is the gap between administrative seaworthiness, reflected in certificates and sailing approval, and factual-technical seaworthiness, reflected in stability, loading, cargo securing, watertight integrity, lifesaving appliances, and the actual condition of the vessel before departure. This research applies normative legal method using statutory, conceptual, and case approaches. The study finds that negligence in seaworthiness must be understood as professional negligence because the Captain has a special duty to ensure that the vessel is truly safe before sailing. The existence of a sailing approval letter does not eliminate the Captain’s duty to verify factual conditions. Nevertheless, KMP Yunicee also shows a wider governance problem involving the operator, Harbormaster, Marine Inspector, and safety management system. Therefore, criminal liability in seaworthiness negligence should be constructed proportionally, not only by identifying individual fault, but also by evaluating institutional and corporate negligence within maritime safety governance.
Co-Authors Bonny Azwan Henry Aspan