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JURIDICAL ANALYSIS OF CRIMINAL ASPECTS IN AGREEMENTS FOR THE TRANSPORTATION OF GOODS AND SERVICES USING SEA SHIPS Erdi Steven Manurung; Parameshwara; Soerya Respationo; Erniyanti; Fadlan
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 4 (2024): January (January-March)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v3i4.1346

Abstract

There are 3 (three) principles of carrier responsibility in transportation law, namely the first is the principle of responsibility based on fault (fault of liability), the second is the principle of responsibility based on presumption of liability, and the third is the principle of absolute responsibility. The carrier's responsibilities in the transportation law mentioned above apply to responsibilities that apply nationally and internationally. For all losses that may occur, the owner of the property that suffers loss can reduce or mitigate the loss, and the loss can even be borne by someone else as long as this is agreed upon in advance. An agreement that occurs between those who own goods because they are worried that they will suffer losses as a result of carrying out transportation due to the threat of danger at sea and those who are willing to bear the loss is called a (marine) insurance agreement. Based on the research results, it was found that Law no. 17 of 2008 concerning Shipping, what is meant by ship's seaworthiness in this Law is the condition of the ship that meets ship safety requirements, prevention of water pollution from ships, manning, loading lines, loading, welfare of the crew and health of passengers, legal status of the ship, management safety and prevention of pollution from ships, and safety management of ships for sailing in certain waters. Provisions regarding criminal acts in the field of shipping, contained in articles 284, up to article 336, Law No. 17 of 2008 concerning Shipping, which are used to facilitate understanding are divided into 2 (two) categories or sections, namely: Based on the Subject of the perpetrator and based on Responsibility criminal.
JURIDICAL ANALYSIS OF LAW ENFORCEMENT OF THE CRIME OF SHIPPING REVIEWED FROM LAW NO 17 OF 2008 CONCERNING SHIPPING FROM A SUPPORTING PERSPECTIVE MARITIME AXIS Daniel Ferdinand Purba; Parameshwara; Erniyanti; Soerya Respationo
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 4 (2024): January (January-March)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v3i4.1347

Abstract

In implementing law enforcement at sea, law enforcement activities and maritime security operations are carried out by several institutions including the Water Police, Indonesian Navy (TNI AL), Sea and Coast Guard, Harbor Master, Customs, Immigration. As stated in Law No. 17 of 2008 concerning shipping, which created sea and coast guards, the purpose of which was to enforce regulations in the field of shipping safety and security, and a coordination function in the field of law enforcement outside of shipping safety. The results of the research found that law enforcement in Indonesian maritime areas uses territorial-based jurisprudence. Territorial jurisdiction is also defined as geographical state power which describes the surface of the earth and the space above it as well as the land below which constitutes sovereignty over its territory, including both people and objects within it, for this reason, it is hoped that there will be a need for a regulation/law which comprehensively regulates the integration of various sectoral interests in the sea area so that the obstacles that have occurred so far can be found, both in the scope of planning, utilization, as well as supervision and control for law enforcement at sea. And strengthening enforcement of regulations in the field of shipping crimes cannot yet be implemented in an integrated and well-coordinated manner so that there is no overlapping of law enforcement authority at sea which could reduce Indonesia's image in international relations.