Manuscript Title:

JURIDICAL PROBLEMS OF THE AUTHORITY OF THE NATIONAL POLICE AND BAKAMLA IN LAW ENFORCEMENT IN INDONESIAN SEA AREAS

Author:

WAWAN MULIAWAN, LAZARUS TRI S, SITI MALIKHATUN

DOI Number:

DOI:10.5281/zenodo.10318193

Published : 2023-12-10

About the author(s)

1. WAWAN MULIAWAN - Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
2. LAZARUS TRI S - Lecturer in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
3. SITI MALIKHATUN - Lecturer in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

Full Text : PDF

Abstract

The purpose of this study is to analyze: 1) Why are there juridical problems with the authority of the National Police and Bakamla in law enforcement in Indonesian sea areas? 2) What is the ideal construction in overcoming the Juridical Problems of the Authority of the National Police and Bakamla in Law Enforcement in Indonesian Sea Areas in the future?. The research method used is normative juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) Regulations that regulate all aspects in the marine sector in Indonesia, and one of the impacts of many of these regulations is the overlapping authority of related agencies. u there are three agencies authorized in fisheries law enforcement based on Article 73 of Law No. 45 of 2009, namely the Ministry of Marine Affairs and Fisheries (MMAF), TNI Navy and Polri and Bakamla. However, this Law does not provide for a clear division of authority and a definite working mechanism. So that the three agencies have the same authority in enforcing fisheries law without any integration of the implementation system. This saves the potential for conflicts of authority, because all three have the authority to handle the same case, for example in terms of investigating and filing BAP and credit cards, contracts for shipping goods (land, sea and air, and so on. 2) to overcome the problems that occur between the National Police and Bakamla in law enforcement, they must look at the authority of each institution based on the law so that there is no misunderstanding in taking Law enforcement and coordination between law enforcement agencies is required.


Keywords

Problematic, Juridic, Authority, Polri, Bakamla, Law Enforcement, Sea Area, Indonesia.