ANALISIS YURIDIS TENTANG TUBRUKAN ANTARA KAPAL TNI AL DENGAN KAPALCOAST GUARD VIETNAM DI PERAIRAN NATUNA MENURUT HUKUM INTERNASIONAL (SOLAS CONVENTION AND COLREG) DAN HUKUM NASIONAL

Abstract

In Indonesia all the rules governing shipping are regulated in Law Number 17 of 2008 concerning Shipping. Recently there was a collision between Indonesian Navy ships and Vietnam coast guard in Natuna waters which were claimed over the EEZ. Problem formulations: (1) What is the arrangement for ship collision prevention at sea according to international law and national law ?, (2) How is the juridical analysis about the collision between the Indonesian Navy ship and the Vietnam coast guard ship in Natuna waters? In this study the authors used a normative juridical legal research. The data sources used were primary data, secondary data. Data collection techniques were carried out by library research, data were analyzed through secondary data. The conclusions of the research results: (1) Regulations for preventing ship collisions at sea according to international law and national law on preventing ship collisions at sea are the UNCLOS convention, the COLREG convention, the SOLAS convention, and Law Number 17 of 2008 concerning Shipping. (2) The juridical analysis of the collision of the Indonesian Navy ship and the Vietnam coast guard ship in Natuna waters is that in this collision the Vietnamese coast guard vessel violated UNCLOS international law regarding the boundaries of the continental shelf area of a country that is sovereign over the EEZ and COLREG 1972 or P2TL regarding collision arrangements. ships that caused losses and SOLAS regarding the safety of the crew regarding law enforcement at sea