Siber International Journal of Advanced Law
Vol. 3 No. 2 (2025): Siber International Journal of Advanced Law (October - December 2025)

Conflict of Authority Between Tourism and Shipping Over Special Sea Transportation for Tourism in Business Law

Fatiyah Suryani Mile (Universitas Bhayangkara Jakarta Raya, Jakarta, Indonesia)
St. Laksanto Utomo (Universitas Bhayangkara Jakarta Raya, Jakarta, Indonesia)
Adi Nur Rohman (Universitas Bhayangkara Jakarta Raya, Jakarta, Indonesia)



Article Info

Publish Date
25 Oct 2025

Abstract

The rapid growth of marine tourism in Indonesia has generated complex legal intersections between the regulatory regimes of tourism and shipping, particularly concerning the governance of special sea transportation for tourism. This study examines the conflict of authority between the Ministry of Tourism and Creative Economy and the Ministry of Transportation regarding the regulation, licensing, and supervision of vessels operating as tourist transport. Using a normative juridical approach combined with conceptual and statutory analysis, the research identifies overlapping competencies that create legal uncertainty for business actors in the tourism maritime sector. Findings indicate that the dualism of authority originates from the differing legal frameworks: Law No. 10 of 2009 on Tourism and Law No. 17 of 2008 on Shipping, both of which assign regulatory powers over similar economic activities without clear hierarchical coordination. This overlap results in regulatory inconsistency, bureaucratic inefficiency, and investment barriers, undermining the principles of legal certainty and fair competition in business law. The study argues that the conflict can be resolved through harmonization of legal norms and the adoption of a business law perspective that treats marine tourism as a hybrid economic activity requiring integrated governance.  The research proposes a reconstruction of authority division based on the principles of lex specialis, subsidiarity, and economic efficiency, emphasizing collaboration between maritime and tourism agencies. Such reconstruction would provide a coherent regulatory environment that enhances legal certainty, protects investors and tourists, and promotes sustainable development of Indonesia’s marine tourism industry in alignment with national economic goals and maritime sovereignty.

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Journal Info

Abbrev

SIJAL

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Siber International Journal of Advanced Law (SIJAL) is an open-access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in various government policies and civil rights law, particularly in developed and developing countries. This may ...