IMPLEMENTATION OF NON PENAL POLICY AGAINST NON-FULFILLMENT OF SHIP SEAVAILABILITY AND SAFETY

Abstract

In accordance with Law Number 17 of 2008 concerning Shipping, this thesis addresses the implementation of non-punitive measures against the non- fulfillment of a ship's seaworthiness and safety requirements in shipping. One social issue is that a large number of ships continue to fall short of the legally stipulated eligibility requirements. Naturally, the goal of this research is to determine how non-punitive measures might be applied to prevent non-compliance with shipworthiness and safety requirements and to lessen the number of shipworthiness and safety infractions in general. The study gathers information through document studies, interviews, and observations. Based on the current issues, it can be concluded that high maintenance and operating costs, along with supporting variables like crew members' poor maintenance skills and aging safety equipment, are the primary causes of the failure to meet shipworthiness and safety requirements. Ships must be declared seaworthy, which is defined as meeting the requirements for ship safety, preventing pollution from ships, manning, loading lines, loading, crew welfare, passenger health, ship legal status, safety management, preventing pollution from ships, and ship security management for sailing in specific waters, as per Law No. 17 of 2008. Violations of the ship's safety and seaworthiness may subject the offenders to articles 302 and 303 of the Shipping Law. However, in order to reduce infractions, the government must use non-penal policies, such as offering subsidies to fulfill ship safety and seaworthiness requirements. Therefore, it follows that having a government should help to lower the number of incidents involving ship and maritime safety infractions.