APPLICATION OF THE ULTIMUM REMEDIUM PRINCIPLE IN SHIP ACCIDENTS AT SEA IN THE CRIMINAL LAW POLICY SYSTEM TOWARDS THE DUTIES AND FUNCTIONS OF THE SHIPPING COURT
Indra Yudha Koswara and Hana Faridah

Faculty of Law, Universitas Singaperbangsa Karawang

Abstract

This study aims to analyze how the Criminal Law Policy in the Ultimum Remedium principle in resolving ship accidents and how the role of the Shipping Court in conducting further investigations on ship accidents involves technical problems- various factors determine this are human error or other factors. This study uses a normative juridical research method, which is an approach method that departs from and focuses on all legal regulations that are theoretically considered relevant to the ultimum remedium principle in the criminal law policy system against ship accidents as shipping safety and security standards regulated in the Act international shipping and conventions. This study concludes that handling ship accidents at sea must refer to Law No. 17 of 2008 concerning Shipping and International Covenants. Several provisions regulate how ships can sail adequately and reduce the risk of ship accidents and the Shipping Court^s role in finding the cause of ship accidents at sea. In some incidents of ship accidents at sea, only the captain of the ship is in charge of the legal process so that there is a legal process, towards law enforcement process for ship accidents- there is often the neglect of ultimatum remediun in the criminal regime resulting in the law enforcement process of ship accidents, always ending in the criminal realm with the concept of punishing the perpetrators of the crime has been done or is called retributive justice

Keywords: Ultimum Remedium, Ship Accident, Shipping Court

Topic: Law on Transportation