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All Journal JHCLS Ensiklopedia Research and Community Service Review
Indah Budhianti, Meta
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The Cabotage Principle on Law Enforcement for Licensing Ship Operations in Indonesian Waters Ratnawati, Elfrida; Arliman S, Laurensius; Budhianti, Meta Indah; Multi Wijaya, Vience Ratna; Razak, Aida Abdul
Journal of Human Rights, Culture and Legal System Vol. 3 No. 3 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i3.182

Abstract

This study aims to examine and comprehend the cabotage principle on law enforcement for licensing ship operations in Indonesian Waters. This study is a descriptive analysis of normative legal research.   Secondary data, comprising primary, secondary, and tertiary legal materials, is utilized. Techniques for collecting data involve library research, whereas techniques for analyzing data involve legal interpretation.  The study results show that Indonesia has regulated the cabotage principle in several regulations. However, supervision in applying this principle has not been optimal due to the increase in transactions between countries due to globalization and overlapping shipping permit issues marked by overlapping authority between the 13 (thirteen) mandated ministries/state institutions by 17 (seventeen) laws as law enforcement officers in marine and coastal areas. The overlap in authority referred to is characterized by the same authority to carry out supervision, pursuit, and investigation in Indonesia's maritime and jurisdictional areas.
Is the Master Civil Liable Based on Sea Freight Arrangements in Indonesia? Ratnawati, Elfrida; Wijaya, Vience Ratna Multi; Budhianti, Meta Indah; Sobirov, Bobur Baxtishodovich
Journal of Human Rights, Culture and Legal System Vol. 4 No. 1 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i1.194

Abstract

This research aims to analyze the regulations regarding the civil liability of the master based on the Maritime Transport Regulations in Indonesia. This research is normative legal research using secondary data and a statutory regulatory approach. The research results show that, first, if the captain, in carrying out his duties and authority, causes losses to shippers or passengers, including other material losses, due to his negligence, mistake, or error, then the master is not civilly responsible; however, if the master is due to negligence, mistake, or mistake, causing damage or destruction to the goods being transported or passengers suffering minor injuries, serious injuries, permanent disability, or death. Second, the weaknesses in the current regulation of ship worker responsibilities consist of legal weaknesses in terms of legal substance, where the responsibilities of ship workers have not been regulated strictly in the shipping law, and weaknesses in terms of legal structure, namely the legal understanding of law enforcement officials, which is still lacking in action. Shipping Crimes: There is no Special Court for Shipping Crimes, and Human Resources for Law Enforcement Officers for Shipping Crimes still needs to be improved.
Co-Authors Elfrida Ratnawati I Gede Yudi Arsawan Laurensius Arliman S Multi Wijaya, Vience Ratna Pratomo, Abdurracman Satrio Ratnawati, Elfrida Razak, Aida Abdul Sobirov, Bobur Baxtishodovich Wijaya, Vience Ratna Multi