Yurisdiksi Negara Indonesia Terhadap Kapal Mv Sinar Kudus Yang Disandera Perompak Somalia Dilaut Lepas Ditinjau Dari Konvensihukum Laut 198

Pratiwi, Dian Khoreanita (2012) Yurisdiksi Negara Indonesia Terhadap Kapal Mv Sinar Kudus Yang Disandera Perompak Somalia Dilaut Lepas Ditinjau Dari Konvensihukum Laut 198. S1 thesis, Universitas Andalas.

Text (Skripsi Full Teks) HUKUM HUKUM INTERNASIONAL 2012 DIAN KHOREANITA PRATIWI 0810113266.pdf - Published Version Restricted to Repository staff only Download (1MB)

Abstract

Piracy is an act that is recognized by the international community as a crime for all mandkind. Coast of Somalia is prone to piracy since the civil war in 1991. Many cases of piracy occurring off the coast of Somalia are resolved by complying with the pirates' demand, the case of piracy experienced by MV.Sinar Kudus. The case was settled by paying the ransom as demanded by the pirates. In international law it is recognized as passive nationality principle in international law. This principle holds that a state has jurisdiction when one of its own citizens or nationals is harmed, even if that harm happens in another country, and also known as a universal principle in which each state has jurisdiction to prosecute perpetrators of international crimes (piracy) regardless of the nationality of the perpetrator and victim. Problems in this study are how the Indonesia's jurisdiction over MV. Sinar Kudus ship held hostage by Somali pirates on the high seas, and what are the obstacles in the implementation of Indonesia jurisdiction over the MV.Sinar Kudus ship held hostage by Somali pirates. The study was completed by using a normative juridical legal research method. The study finds out that the jurisdiction of Indonesia over the MV.Sinar Kudus ship is passive nationality jurisdiction. Obstacles in the implementation of Indonesia jurisdiction over MV.Sinar Kudus ship held hostage by Somali pirates MV.Sinar Kudus ship was not accompanied by warships of Indonesia, so that Indonesian Navy could not directly attack the pirates. The weak law enforcement in Somalia rendered Indonesia hard to cooperate in the release of MV.Sinar Kudus and its crews. The study suggests that in sailing on international waters especially passing the piracy-prone areas, private ship with Indonesian flag should be accompanied by a Navy ship or Indonesian warships patrolling off the coast of Somalia and other areas that are prone piracy. Indonesia should also mobilize military forces to keep watching at the time of negotiations carried out, so that in the negotiations Indonesia is not being played by the length of the negotiation process. Indonesia should provide specific training to the their midshipmen to be ready to sail in various conditions, followed by a sliipping company that delivers the appropriate provision of the safety of international shipping standards.

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