SUDRAJAT, AJAT. 2019. SHIF ACCIDENT CAUSING DEATH FROM THE PERSPECTIVE OF CRIMINAL LAW. Master OF LAW Program. Postgraduate Program. Lambung Mangkurat Universitiy. Suvervisor : Dr. H. Helmi, S.H., M. Hum and Co-supervisor : Dr. FA. Abby, S.H., M.H. 100 Pages
 
ABSTRACT
 
Keyword : Shipmaster, Ship Accident , Criminal Liability
 
The goals of this research are to analyze the mechanism of investigation of ship accident in Indonesia criminal justice system and to analyze whether the shipmaster cab be held for criminal liability if in a ship accident there is fatality. This is normative legal research, type of the research is vague norm, and the approaches used are statue approach, conceptual approach, case approach. The characteristic of the research is prescriptif, using primary, secondary, and tertiary legal resourch, obtained through library research.
 
The results of the research show that the proses of the investigation of ship accident takes 180 days until until the verdict of Shipping Tribunal. Firm and clear regulation on accident investigation of causing death is needed for legal certainty for the victim and the actor and it will not cause difficulty for the police investigator to stipulate the accused, forced effort, and to collect evidence on the guilt in a form of negligency of the shipmaster at the time of occurrence of ship accident cauing death. Then the criminal liability of the shipmaster who is not onboard and leaves the ship during sailing wich experience ship accident; such shipmaster shall not only be charged for administrative sanction such as warning, administrative fine, permit ban, freezingof certificate, permit revocation, certificate revocation, not giving certificate of port clearance. It is also deemid necessary to make the regulation on the criminal sanction for the certainty of criminal liability because such action is very dangerous for shipping safety both for the ship and the user of other shipping service which is venerable to shipping accident bringing fatality.
 
 
      Certified translation by
 
 
 
                 Drs. Wrhan Asmin, S.H., M.H., M. Div       Authorized Translator