RECONSTRUCTION OF THE REGULATION OF LAW ENFORCEMENT AUTHORITY AT SEA IN THE FRAMEWORK OF COORDINATE LAW ENFORCEMENT ON THE RIGHT OF PASSAGE OF FOREIGN VESSELS IN INDONESIAN WATERS
Irawati Irawati, Dini Dewi Heniarti, Yeti Sumiyati, Anita Puspawati

UNISBA

Abstract

Many foreign ships commit violations in Indonesian waters such as smuggling, illegal fishing, and others. From various events, it shows that security efforts at sea must continue to be improved. Meanwhile, the agencies that have the authority to enforce the law in Indonesian waters, namely- Indonesian Navy. Indonesian Police, Bakamla, Ministry of Transportation / KPLP (Sea and Coast Guard Unit). KKP. Based on previous research, it can be seen that there is overlapping authority in these law enforcement agencies, so that law enforcement at sea becomes ineffective. The research method used in this study is normative and philosophical juridical. The research specifications used are analytical prescriptive. The authority of law enforcement is reconstructed in accordance with the provisions of national law and international law. Based on the results of the study, it was found that the position of the Indonesian Navy in enforcing sovereignty in Indonesian waters plays a role as an assistant to other law enforcers. Meanwhile, based on the 1945 Constitution, Law Number 34 of 2004 concerning the TNI, and UNCLOS provisions that give authority to Warships as enforcers of international law at sea, both in parts of the sea under state sovereignty and on the high seas. The Indonesian Navy has a position as the main holder in enforcing sovereignty at sea so that all law enforcement institutions at sea are coordinated by the Indonesian Navy.

Keywords: Reconstruction, authority, Indonesian waters, law enforcement

Topic: Law and Ethics in Terms of Islamic Perspective