Kewenangan antar lembaga dalam pemeriksaan kapal kargo di wilayah laut Indonesia

SITEPU, LUPERIA (2022) Kewenangan antar lembaga dalam pemeriksaan kapal kargo di wilayah laut Indonesia. Bachelor (S1) thesis, Wijaya Kusuma Surabaya University.

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Abstract

The purpose of this study is to analyze the Inter-Agency Authority in Inspecting Cargo Ships in the Indonesian Sea Area in order to provide comfort and security as well as legal certainty for sea transportation users. The lack of harmonization between institutions has caused overlapping inspections of ships, especially for domestic ship transportation users. The duties, functions and authorities of each institution are the same level and have the same legal force, except for Bakamla. The formation of Bakamla is ordered in the Shipping law. However, the establishment of Bakamla as the Indonesian coast guard is not a solution, because the 1945 Constitution clearly states that the TNI is the front line in law enforcement and security in Indonesian waters and the Sea and Coast Guard is the Indonesian Sea and Coast Guard. in accordance with what was mandated in UNCLOS III of 1982 which had been ratified. The existence of sectoral egos of each institution and the lack of harmonization and communication between institutions have an impact on shipping service users. There is no clear mechanism for conducting inspections of ships at sea, creating a gap between users of shipping services and law enforcement at sea. The research method used is normative juridical. Based on the analysis, there are five state institutions involved in the inspection of cargo ships in the Indonesian seas, namely the harbormaster, the Marine and Coast Guard, the Directorate of Water and Marine Police, the Maritime Security Agency and the Indonesian Navy. The legislation that forms the basis for this cargo ship inspection is Law Number 17 of 2008 concerning Shipping. The theoretical approach is carried out through Legal System Theory and Authority Theory. Based on the research conducted, there is a conclusion. The overlapping of inspections in Indonesian marine areas is due to the lack of communication and harmonization between law enforcement agencies that have not been integrated between one institution and another. The synergy between the TNI-AL as a purely military institution as the main defense in the maritime area with Bakamla as the sole coordinator of civilian institutions has not been going well and in an integrated manner. KEYWORDS: Authority; Institution; Cargo Ship Inspection

Item Type:	Thesis (Bachelor (S1))
Uncontrolled Keywords:	Kewenangan; Lembaga; Pemeriksaan Kapal Cargo
Subjects:	K Law > K Law (General) K Law > KD England and Wales K Law > KD England and Wales > KDC Scotland K Law > KF United States Federal Law K Law > KZ Law of Nations
Divisions:	Faculty of Law
Depositing User:	Luperia br Sitepu
Date Deposited:	18 Apr 2022 04:53
Last Modified:	18 Apr 2022 04:53
URI:	http://erepository.uwks.ac.id/id/eprint/11537

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