A Juridical Review of the Criminal Offense of Sailing Without a Sailing Approval Letter (SPB) in Indonesian Territorial Waters Based on Law Number 17 of 2008 Concerning Shipping

Abstract

The Sailing Approval Letter (Surat Persetujuan Berlayar/SPB) is a crucial state-issued document that serves as evidence that a vessel has fulfilled seaworthiness and safety requirements. However, violations involving vessels sailing without an SPB continue to frequently occur in Indonesian waters, significantly contributing to the high rate of maritime accidents. This study aims to analyze the juridical review of criminal sanctions imposed on ship captains who operate vessels without authorization from the Harbormaster authority based on Law Number 17 of 2008 concerning Shipping. The research employs a normative juridical method with a statutory approach. The findings reveal that violations of Article 323 paragraph (1) are not merely administrative offenses, but criminal acts that endanger human lives and the maritime environment. Weak supervision at small ports and economic pressures are identified as the primary factors contributing to these violations. This study recommends the need for digitalization of licensing systems and the strengthening of the integrity of law enforcement officials within port areas.