KEDUDUKAN MAHKAMAH PELAYARAN DALAM SISTEM PERADILAN ADMINISTRASI DI INDONESIA

Abstract

The Maritime Court has the authority to examine collisions between merchant ships, merchant ships and state ships, and merchant ships and warships. Considering the importance of security and safety of shipping traffic, Law No. 17 of 2008 concerning Shipping mandates that every ship accident that occurs be examined by authorized officials. The formulation of the problem in this study includes: (1) What is the position of the Maritime Court in the administrative justice system in Indonesia? (2) How is the resolution of ship accident cases by the Maritime Court? The research method used is normative legal research with secondary data sources through
library data that includes official documents, publications on law including textbooks, legal dictionaries, and law journals. The data collection technique used is data collection in the form of document or literature studies, while data analysis is carried out using qualitative analysis. The results of the discussion indicate that: (1) The position of the Maritime Court is not within the scope of the judicial institution as stipulated in the third amendment to the 1945 Constitution of
the Republic of Indonesia, Article 24 paragraph (2), based on Law Number 17 of 2008 concerning Shipping, the existence of the Maritime Court is under the Ministry of
Transportation. (2) Legal settlement in the examination of ship accidents is carried out through two stages, namely: 1). Preliminary Examination, which is divided into the Ship Accident Report, and Completion and Submission of Files. 2). Follow-up Examination, divided into the Determination of the Expert Panel Team, Case File Research and Summons, and the Expert Panel Team Hearing and ends with the Decision of the Maritime Court which is final and there is no other legal remedy.