Juridical Review of Criminal Liability for Negligence in Shipping Safety Standards on Motor Sailing Vessels

Abstract

Maritime accidents involving Motor Sailing Vessels (Kapal Layar Motor/KLM) remain a serious concern in Indonesia because they frequently arise from negligence in complying with shipping safety standards. As an archipelagic state, Indonesia depends heavily on sea transportation for logistics distribution and community mobility, particularly in remote and island regions. However, economic pressure, weak supervision, overcapacity, inadequate safety equipment, and the neglect of weather information often place KLM operations in a high-risk position. This study aims to analyze the form of criminal liability for negligence in fulfilling shipping safety standards and to examine the parties who may be held responsible under Indonesian law. The research method used is normative legal research with a statutory and conceptual approach. The study finds that criminal liability should not be narrowly imposed only on the captain as the operational leader on board. Liability may also extend to shipowners, operators, and corporations when negligence in ensuring seaworthiness, crew adequacy, cargo safety, and voyage approval can be proven. Articles 302 and 303 of Law Number 17 of 2008 concerning Shipping, together with relevant provisions of the Criminal Code, provide a legal basis for imposing criminal sanctions when negligence causes losses, accidents, or death. The study concludes that strict enforcement, preventive supervision by the harbormaster, and expansion of liability to economic actors behind the vessel are necessary to reduce maritime accidents and strengthen safety culture in Indonesian shipping.