Pertanggung Jawaban Pidana Nakhoda Kapal yang Berlayar Tanpa Memiliki Surat Izin Berlayar yang Mengakibatkan Kematian (Studi Putusan Nomor 228/PID.SUS/2022/PN.TTE)

Abstract

Criminal liability consists of the existence of an unlawful act, absence of justification or excuse, legal competence, and the presence of fault, either intentional or unintentional. An unlawful act refers to actions that violate applicable regulations, while violations generally pertain to administrative breaches of the law. This research aims to address the following legal issues: (1) How is the legal regulation concerning ship captains sailing without a sailing permit in Indonesia? (2) What is the criminal liability of a ship captain sailing without a permit that results in death? (3) What are the judge's considerations in imposing criminal sanctions on the defendant in Decision No . 228/Pid.Sus/2022/PN.TTE. The method used in this thesis is normative juridical research, which involves legal analysis through a literature-based study. The research is descriptive in nature, with data analyzed using qualitative descriptive methods. The findings of the study regarding Decision No. 228 /Pid.Sus/2022/PN.TTE reveal that the court declared the defendant guilty despite the defendant's intention to be held accountable for the accident involving KM Cahaya Ara/ah. The verdict imposed by the court was considered relatively lenient and not fully aligned with Article 302 paragraph (3) of Law No. 17 of 2008 on Shipping, which stipulates a maximum penalty of IO years of imprisonment. The defendant was sentenced to 4 years and 8 months of imprisonment. The judge's consideration in determining the sentence was based on its function as an educational tool to guide the defendant toward better and wiser behavior in the future, rather than as a means of causing suffering.