PENEGAKAN HUKUM PIDANA PELAYARAN TERHADAP KAPAL YANG TIDAK MEMILIKI SURAT PERSETUJUAN BERLAYAR DI KESYAHBANDARAN DAN OTORITAS PELABUHAN TANJUNGPINANG

Abstract

Sailing Approval Letter (SPB) is an obligation that must be fulfilled by every ship that wants to sail as referred to in Article 219 paragraph (1) of Law Number 17 of 2008 concerning Sailing. It is the obligation of each ship to have an SPB, so that the ship's captain remains obedient to the shipping lanes that have been regulated and is protected from ship collisions that could endanger other ships in marine traffic, even endanger someone's life. The problems referred to in this study are how to enforce shipping criminal law against ships that do not have SPB at the Tanjungpinang Harbormaster and what are the factors causing the crime of shipping without SPB in the legal area of Tanjungpinang Waters. The purpose of this research is to find out how to enforce shipping criminal law against ships that do not have SPB from Kesyahbandaran Tanjungpinang and to determine the factors causing the crime of shipping without SPB from Kesyahbandaran Tanjungpinang. The author's research method is a normative legal research method in a case study approach by studying regulations related to the authority of Civil Servant Investigators in enforcing shipping criminal law for ships without SPB. The results of the author's research show that law enforcement is still at the stage of verbal admonition and guidance, as for the inhibiting factor because there is no special budget for investigators in the process of investigating actions and the community or the captain himself is due to ineffective understanding of the institution or rules regarding shipping.