PERTANGGUNGJAWABAN PIDANA NAKHODA DALAM KECELAKAAN KAPAL BERDASARKAN UNDANG-UNDANG 17 TAHUN 2008 TENTANG PELAYARAN

SUMARDIN, SUMARDIN (2026) PERTANGGUNGJAWABAN PIDANA NAKHODA DALAM KECELAKAAN KAPAL BERDASARKAN UNDANG-UNDANG 17 TAHUN 2008 TENTANG PELAYARAN. undergraduate thesis, Universitas Muhammadiyah Mataram.

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Abstract

Indonesia, as an archipelagic state, has a high dependence on maritime transportation, making maritime safety an essential aspect of the national transportation system. In practice, maritime accidents such as collisions, fires, and sinking incidents still frequently occur and are largely influenced by human error, including negligence in complying with professional maritime standards. These conditions raise legal issues concerning the limits of the criminal liability of the ship captain as the highest authority on board. The objective of this research is to identify the qualifications of acts that may be categorized as elements of criminal offenses committed by a ship captain and to analyze the captain’s responsibility for maritime safety in accordance with Law Number 17 of 2008 concerning Shipping. This research employs a normative legal approach supported by empirical data. The data were obtained through a literature review of statutory regulations, legal literature, and an analysis of five Maritime Court decisions related to maritime accidents. This research was also complemented by interviews with informants who possess expertise in the maritime sector in order to strengthen the analysis of the implementation of law in practice. The results of the study indicate that the criminal liability of a ship captain does not automatically arise from the occurrence of a maritime accident, but must be based on the existence of fault in the form of intent or negligence in carrying out professional duties. Decisions of the Maritime Court generally emphasize professional fault and impose administrative sanctions; however, such findings may serve as a basis for assessing the possibility of criminal liability. Based on the results of the study, it can be concluded that the criminal liability of a ship captain in maritime accidents is determined by the existence of fault in carrying out professional duties in accordance with the provisions of Law Number 17 of 2008 concerning Shipping

Item Type:

Thesis (undergraduate)

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