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The Sea and Coast Guard or KPLP Becomes the Sole Authority for Law Enforcement at Sea

08/10/24, 16:54 WIB Last Updated 2024-10-08T09:54:52Z


JAKARTA (ISL News) –
 One of the urgencies of the revision of Law (UU) no. 17/2008 concerning Shipping was officially ratified by the Indonesian House of Representatives on September 30, 2024.


There are quite encouraging changes for the Ministry of Transportation, especially in Article 276 which states that the task of supervising and enforcing regulations in the shipping sector is the authority of the Minister of Transportation.


This supervision includes everything related to shipping safety, pollution prevention, and enforcement of regulations at sea.


The Minister of Transportation carries out these duties through the KPLP, which acts as the main unit with the authority to inspect and take action against ships in Indonesian waters.


"To ensure the implementation of shipping, the Minister carries out the task of supervising and enforcing laws and regulations in the shipping sector. This means that only the Minister of Transportation has full authority over shipping supervision through KPLP," said Rear Admiral TNI (Ret.) Solemen B. Ponto ST, MH, to the Press, in Jakarta.


According to the Head of the Strategic Intelligence Agency (Kabais) for 2011-2013, with the revision of Law No. 17/2008, the KPLP has sole authority to examine and enforce laws related to shipping at sea.


"Other authorities, such as the Indonesian Navy, Polair, and PSDKP, can only act within their respective scopes of authority after coordinating with KPLP. Bakamla, please step aside now," said Soleman Ponto.


So, Soleman explained, ships that have received SPB should not be disturbed unless there is a serious violation. "KPLP is fully responsible for maintaining the safety and security of shipping in Indonesia, both against threats from within the ship and from outside the ship," he said.


Soleman Ponto said, with the revision of Law No. 17 of 2008 concerning Shipping, the Sea and Coast Guard Unit (KPLP) which is under the Ministry of Transportation, now has the sole authority to supervise, inspect, and enforce the law against ships sailing in Indonesian waters.


This is very beneficial for ship owners at sea, so that their ships are no longer inspected in turns by security officers at sea.


Soleman said that this revision provides legal certainty regarding law enforcement at sea and simplifies the authority that previously overlapped between various agencies.


This national maritime observer also revealed that in article 277 of the Shipping Law, he explained, it clarifies the role of KPLP as the executor of the task of supervising the safety and security of shipping, which includes, Supervision of the implementation of provisions in the field of shipping safety and security. Then, Supervision of transportation in the waters. Supervision of pollution prevention and salvage activities and underwater work.


"In carrying out the duties as referred to in Article 276, the Minister carries out a supervisory function over the implementation of provisions in the field of shipping safety and security, transportation in waters, and other activities related to shipping safety," he said.


In the revision of the Shipping Law, it also states that the KPLP, with its authority, has the right to stop ships suspected of violating safety regulations or polluting the sea, as well as to cooperate with other law enforcement agencies in cases of violations of the law that are not directly related to shipping, such as smuggling or other maritime crimes.


"In the revision of article 278, the implementation of the task of enforcing laws and regulations in the field of shipping in the context of investigations is carried out by civil servant investigators. With this provision, KPLP becomes the authority responsible for all forms of investigations related to shipping violations at sea. Other agencies such as the Indonesian Navy, Polair, and PSDKP do not have the authority to stop or inspect ships without coordination with KPLP," said Soleman Ponto.


"I hope that the mandate given to KPLP can be maintained well, and can be implemented properly," he said.


(ISL News Editorial Team/email:islnewstv@gmail.com)

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