Problems of Law Enforcement in marine / shipping and Maritime protection in Indonesia

Problems of Law Enforcement in marine / shipping and Maritime protection in Indonesia

By David Raja Marpaung

1. Aspect of the Authority
More information can be identified overlapping issues authority between organisation in law enforcement at sea as follows:
a) The issue of clarity governing authority of law enforcement the sea and the beach by the agency / government officials field responsible for State administration including the order and security of maritime safety (Enforcement) in the Port / Airport, at sea and on board.
b) Supervisor fishery by fishery investigators, the Navy and Police. (Article 69, paragraph 2, of Law 31/2004).
c) Supervision and or the implementation of control coastal area management (sea borders land includes water as far as 12 nautical miles measured from the coast, linking the coastal waters and islands, bays,
58th shallow, brackish marshes and lagoons) through coastal patrols by police, investigators and government.
d) Investigators biological conservation of natural resources and ecosystems by Police and investigators Ministry of Forestry, Environment, and DKP, conducted throughout Indonesian territory, including the territorial waters of Indonesia.
e) The area of ​​the Indonesian mining law is a whole Indonesian archipelago, the land under the waters of Indonesia and continental shelf islands of Indonesia. Exploration and exploitation
marine wealth
f) Authority as an investigator in the oil and gas activities carried out by the police and investigators. Mining jurisdictions Indonesia is the whole area of ​​land, water, and off continental Indonesia.
g) Indonesian EEZ is a line outside and adjacent to the sea Indonesian territory as defined by the Law
the applicable Indonesian waters covering seabed, subsoil and water above the limit outermost 200 nautical miles measured from the base of nautical miles measured from the Indonesian territorial sea baselines. Current EEZ Surveillance conducted by the Navy.
h) National Police in carrying out their roles and functions. Police referred to in Articles 2 and 5 include
entire territory of Indonesia. This means that the implementation of the tasks Police covers an area of ​​sea and beaches, including the EEZ Indonesia, in accordance with Law No.02/2002 on the Police State.
i) Monitoring of forest, such as the case of illegal logging by Police and investigators MoF, Customs.
k) The powers and responsibilities of deterrence against carried out by the foreign minister, as far as matters
immigration;
l) The income and expenditure of the place is a port sea, river port, ferry ports, airports, post offices, border posts with other countries and elsewhere deemed necessary, designated as a place to insert and / or remove pests and carriers animal diseases, pests and diseases of fish or organisms nuisance plant. Investigations of quarantine by investigators Quarantine Agency (Ministry of Agriculture) and the Police
(Law no. 16/1992 concerning Animal, Fish & Plants Article 30, Article 1, point 12)
m) The area is also supervising the exploration and exploitation of natural resources in the sea. In terms of exploration and exploitation of natural resources in the sea controlled by the Navy, Police, EMR, DKP, KLH.
n) Monitoring the conservation of natural resources and ecosystems carried out by the police, DKP, the MoF and the government.

2)  Institutional Aspects
Some problems related to institutional Law Enforcement and Security in the sea and beach identified
as follows:

a) Bakorkamla
Although it has been established Marine Security Coordination Agency, but law enforcement and marine safety can not be shows optimal results. This is due to several
as follows:
1) The individual elements remain in the organization parent institution;
2) The system of budgeting depends on its parent agency so it is very difficult to be saved in activities particular as one of the program Bakorkamla;
3) The focus of the implementation of the tasks, functions, powers and refers to the assignment of responsibility and authority of the parent institution;
4) There is a diversity of systems and procedures (not uniform);
5) Confusing the public in the government's efforts about law enforcement (in the sea).

b) Sea and Coast Guard
1) Not organized establishment of Sea and Coast Guard and Sea Fleet Base and Coast Guard in
duties of law enforcement in the sea and the beach independently, both internally and externally
(Cross-sectional). Institutional current level is KPLP directorate under the Directorate General of Sea. The unit of work is not supported by a judicial authority according to law nationwide, especially regarding law enforcement at sea, implemented so that only relevant role in the technical communication course, and organizationally KPLP only at the directorate and led by middle officials level.