Proceedings of the 3rd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2023, 6 May 2023, Salatiga, Central Java, Indonesia

Research Article

The Enforcement of Criminal Law For Ship Sailing Without Letter of Consent of Syhahbandar

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  • @INPROCEEDINGS{10.4108/eai.6-5-2023.2333416,
        author={Ferry  Akbar and Evita Isretno Israhadi and Rineke  Sara},
        title={The Enforcement of Criminal Law For Ship Sailing Without Letter of Consent of Syhahbandar},
        proceedings={Proceedings of the 3rd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2023, 6 May 2023, Salatiga, Central Java, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSEE},
        year={2023},
        month={7},
        keywords={crime shipping sanctions},
        doi={10.4108/eai.6-5-2023.2333416}
    }
    
  • Ferry Akbar
    Evita Isretno Israhadi
    Rineke Sara
    Year: 2023
    The Enforcement of Criminal Law For Ship Sailing Without Letter of Consent of Syhahbandar
    ICLSSEE
    EAI
    DOI: 10.4108/eai.6-5-2023.2333416
Ferry Akbar1,*, Evita Isretno Israhadi1, Rineke Sara1
  • 1: Universitas Borobudur, Indonesia
*Contact email: capt_fya@yahoo.com

Abstract

The state requires every national and foreign ship to have a Sailing Permit and use pilotage services when navigating waters designated by the government as mandatory pilotage waters, and for this service, ships are subject to fees. Article 1 point 34 of Law Number 17 of 2008 concerning Shipping states that ship safety is proven by a certificate after inspection and testing. This examination is an illustrative subjective sort, specifically research that expects to comprehend the peculiarity of what is capable by research subjects. The captain of a ship that sails his ship without a Sailing Approval Letter is a violation of criminal law. Criminal responsibility for the skipper, in this case, is following statutory provisions, that is, he can be punished with imprisonment and a fine under the criminal provisions in Article 323 of Law no. 17 of 2008 concerning Shipping. The seaworthiness of a ship is the responsibility of the ship owner or operator. The condition of a seaworthy ship is the basic capital of the owner or operator of the ship to rent cargo spaces for transportation or to rent them out for this purpose. Not only criminal threats for the captain but the owner or operator of the ship who does not maintain the seaworthiness of his ship, if he orders the ship to continue sailing even though it does not have an SPB, based on Article 305 UUP can be subject to criminal sanctions and fines.