JURIDICAL ANALYSIS OF UNAUTHORIZED CARDS IN SPECIAL SEA TRANSPORT ACTIVITIES

Authors

  • Yotham Th Timbonga Faculty of Law, Universitas Kristen Indonesia Paulus , Makassar, Indonesia

DOI:

https://doi.org/10.31941/pj.v19i2.3682

Abstract

The legal regulations for transportation in Indonesian shipping have not been implemented properly. This is due to the lack of effective and relevant implementation of sea transportation regulations, it has been proven that goods are still being loaded without government permission. The type of research used in this research is the normative juridical method. with a statutory regulation approach and a case approach. The results of this research are that maritime transportation regulations in Indonesia are regulated in the Civil Law, Commercial Law and Law Number 17 of 2008 concerning Shipping. The judge's legal consideration in handing down a decision in case Number 326/Pid.Sus/2016/PT.PBR is that the judge decides the case based on the facts revealed in court by examining several pieces of evidence, so that the judge believes that the elements contained in Article 285 Law No.17 of 2008 concerning Shipping Jo. Article 55 paragraph (1) 1 of the Criminal Code which is the basis for the public prosecutor's demands is fully fulfilled.

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Published

2020-12-30