<![CDATA[This study explores the application of the territoriality principle to criminal conduct committed aboard a foreign vessel and critically examines the legal reasoning behind the acquittal rendered in Verdict No. 823/Pid.B/2020/PN.Btm concerning allegations of violence aboard the Chinese-flagged fishing vessel Lu Huang Yuan Yu 118. The research pursues two principal objectives. First, it investigates the interaction between Indonesia's territorial criminal jurisdiction, China's jurisdiction as the flag State, and the legal regime governing innocent passage under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Second, it evaluates the legal consequences of the acquittal and considers appropriate mechanisms for maintaining criminal accountability where Indonesian courts lack jurisdiction. This research adopts a normative juridical methodology supported by statutory, conceptual, comparative, and case-study approaches. The analysis draws upon Indonesian criminal legislation, the provisions of UNCLOS 1982, relevant Chinese criminal law, the Indonesia-China extradition framework, and the judicial considerations contained in Verdict No. 823/Pid.B/2020/PN.Btm. The findings demonstrate that the alleged assault occurred before the vessel entered Indonesia's territorial sea and therefore outside the territorial jurisdiction of Indonesian criminal law. Furthermore, the vessel's subsequent transit through Indonesian waters qualified as innocent passage under UNCLOS, thereby limiting the jurisdictional competence of Indonesian authorities. In the absence of a sufficient territorial connection, primary criminal jurisdiction remained with the flag State, restricting Indonesia's authority to initiate criminal prosecution. The analysis further emphasizes that the jurisdictional limitations imposed on Indonesia should not be interpreted as creating impunity for the alleged offenders. Rather, responsibility for criminal enforcement should be exercised by the State possessing the strongest jurisdictional basis, namely the flag State. Accordingly, the acquittal reflects a legally sound application of the principle of territorial jurisdiction under Indonesian criminal law. Nevertheless, the broader pursuit of justice required effective international legal cooperation to ensure that criminal accountability was not interrupted by jurisdictional constraints. The study therefore recommends strengthening the practical implementation of extradition, mutual legal assistance, and, where appropriate, the transfer of criminal proceedings through close coordination among law enforcement agencies, prosecutors, courts, diplomatic authorities, and maritime as well as migrant-worker protection institutions. Such collaborative mechanisms are essential to prevent jurisdictional gaps and to preserve effective criminal accountability in transnational maritime cases.]]>
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