ANALYSIS OF THE IMPOSITION OF CRIMINAL SANCTIONS ON SHIP MASTERS WHO SAIL UNSEAWORTHY VESSELS

Abstract

Criminal offenses in the shipping sector related to the operation of unseaworthy vessels constitute a legal issue directly linked to passenger safety and the conduct of waterborne transportation. As the highest authority on board, the shipmaster is obligated to ensure that the vessel being operated meets the seaworthiness and safety requirements stipulated by prevailing laws and regulations. This study aims to analyze the legal framework governing the criminal offense of a shipmaster operating an unseaworthy vessel based on Law Number 17 of 2008 concerning Shipping and relevant criminal law provisions and to examine judicial considerations regarding the imposition of criminal sanctions on shipmasters in such cases. The study employs a normative-juridical method utilizing both statutory and case-based approaches. Legal materials consist of primary sources (legislation and court rulings), secondary sources (books and legal literature), and tertiary sources (supporting materials). Data collection was conducted through literature review, followed by qualitative juridical analysis that correlates applicable legal provisions with the legal facts found in cases involving the operation of unseaworthy vessels. The research findings indicate that the legal regulation concerning shipmasters who operate unseaworthy vessels is specifically contained in Article 302 in conjunction with Article 117 paragraph (2) of Law Number 17 of 2008 concerning Shipping. In the specific case analyzed, the Panel of Judges declared the defendant, Rahmat Marup Bin the late Roky Marup, legally and convincingly proven guilty of the criminal offense of operating a vessel in an unseaworthy condition, pursuant to Article 302 paragraph (3) in conjunction with Article 117 paragraph (2) of the Shipping Law. The unseaworthy condition of the speedboat VJM EXPRESS was evidenced by, among other things, modifications to engine specifications without the requisite seaworthiness test documentation or new certification, the transport of 26 passengers exceeding the maximum limit of 18 and the operation of the vessel outside its certified area of ??service. These factors were linked to the capsizing of the vessel, an incident that resulted in the deaths of two passengers. The panel of judges handed down a sentence of up to one year and eight months in prison and a fine of IDR 10,000,000, subject to a subsidiary term of one month of confinement in default of payment.