Legal Certainty of Cabotage Principle Regarding Sea Transportation in Indonesia

Shipping between domestic ports must be transported by ships with Indonesian flags and operated by national shipping companies, meaning the cabotage principle. The aim is to prevent and reduce dependence on foreign ships carrying out Indonesia's maritime territory. However, in regulating and im...

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Main Authors: Annalisa Y, Murzal Murzal, Rizka Nurliyantika
Format: Article
Language:English
Published: Sriwijaya University 2021-01-01
Series:Sriwijaya Law Review
Subjects:
Online Access:http://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/974
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spelling doaj-6103aa78d8f94333b63dacecc6d2eb542021-06-14T00:41:40ZengSriwijaya UniversitySriwijaya Law Review2541-52982541-64642021-01-0151718510.28946/slrev.Vol5.Iss1.974.pp71-85303Legal Certainty of Cabotage Principle Regarding Sea Transportation in IndonesiaAnnalisa Y0Murzal Murzal1Rizka Nurliyantika2universitas sriwijayauniversitas sriwijayauniversitas sriwijayaShipping between domestic ports must be transported by ships with Indonesian flags and operated by national shipping companies, meaning the cabotage principle. The aim is to prevent and reduce dependence on foreign ships carrying out Indonesia's maritime territory. However, in regulating and implementing the cabotage principle, it is not sure that it can be applied absolutely, which can be interpreted as not reflecting legal certainty. This study aims to analyze the legal certainty of implementation of the cabotage principle in Indonesian territorial waters. This research is a normative study that uses legal, historical, interpretation and case approaches. The case and interpretation approaches are used to examine the cabotage principle concept in legislation and several relevant cases brought to Indonesian courts. The results shows that the regulation of the cabotage principle on sea transportation is found in the form of laws, presidential regulations, presidential instructions and ministerial regulations. However, in other various regulations, the cabotage principle does not apply absolutely (semi-protectionist) or inconsequently. On the one hand, this is because it prohibits foreign ships from operating in Indonesian territory to carry passengers and/or goods between islands or ports. On the other hand, foreign ships are allowed for other activities that do not include carrying passengers and/or goods with certain conditions and approval from the government. The application of the cabotage principle based on judges' considerations in cases submitted to the State Administrative, Supreme and the Constitutional Courts has fulfilled legal certainty according to the Shipping Law. However, the protection of national Shipping must be prioritized, and the use of foreign ships should be considerably tightened unless Indonesian-flagged vessels are not insufficiently available.http://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/974cabotage principlele-gal certaintypassenger and freight transportsea transportation.
collection DOAJ
language English
format Article
sources DOAJ
author Annalisa Y
Murzal Murzal
Rizka Nurliyantika
spellingShingle Annalisa Y
Murzal Murzal
Rizka Nurliyantika
Legal Certainty of Cabotage Principle Regarding Sea Transportation in Indonesia
Sriwijaya Law Review
cabotage principle
le-gal certainty
passenger and freight transport
sea transportation.
author_facet Annalisa Y
Murzal Murzal
Rizka Nurliyantika
author_sort Annalisa Y
title Legal Certainty of Cabotage Principle Regarding Sea Transportation in Indonesia
title_short Legal Certainty of Cabotage Principle Regarding Sea Transportation in Indonesia
title_full Legal Certainty of Cabotage Principle Regarding Sea Transportation in Indonesia
title_fullStr Legal Certainty of Cabotage Principle Regarding Sea Transportation in Indonesia
title_full_unstemmed Legal Certainty of Cabotage Principle Regarding Sea Transportation in Indonesia
title_sort legal certainty of cabotage principle regarding sea transportation in indonesia
publisher Sriwijaya University
series Sriwijaya Law Review
issn 2541-5298
2541-6464
publishDate 2021-01-01
description Shipping between domestic ports must be transported by ships with Indonesian flags and operated by national shipping companies, meaning the cabotage principle. The aim is to prevent and reduce dependence on foreign ships carrying out Indonesia's maritime territory. However, in regulating and implementing the cabotage principle, it is not sure that it can be applied absolutely, which can be interpreted as not reflecting legal certainty. This study aims to analyze the legal certainty of implementation of the cabotage principle in Indonesian territorial waters. This research is a normative study that uses legal, historical, interpretation and case approaches. The case and interpretation approaches are used to examine the cabotage principle concept in legislation and several relevant cases brought to Indonesian courts. The results shows that the regulation of the cabotage principle on sea transportation is found in the form of laws, presidential regulations, presidential instructions and ministerial regulations. However, in other various regulations, the cabotage principle does not apply absolutely (semi-protectionist) or inconsequently. On the one hand, this is because it prohibits foreign ships from operating in Indonesian territory to carry passengers and/or goods between islands or ports. On the other hand, foreign ships are allowed for other activities that do not include carrying passengers and/or goods with certain conditions and approval from the government. The application of the cabotage principle based on judges' considerations in cases submitted to the State Administrative, Supreme and the Constitutional Courts has fulfilled legal certainty according to the Shipping Law. However, the protection of national Shipping must be prioritized, and the use of foreign ships should be considerably tightened unless Indonesian-flagged vessels are not insufficiently available.
topic cabotage principle
le-gal certainty
passenger and freight transport
sea transportation.
url http://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/974
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