The Overplay Functions and Authority of The Sea Security Board (Bakamla) and The Sea and Coast Guard in Keeping Marine Security in Indonesia

Suparto Suparto, Admiral Admiral

Abstract


Indonesia is a maritime country with a wide ocean. Geopolitically, Indonesia’s position is an international shipping lane. Therefore, it is necessary to have an institution that has the duty and authority to maintain sea and coastal security and shipping safety. The formulation of the problem is how the functions and authorities of the Sea and Coast Guard (SCG) and the Maritime Security Agency (Bakamla) are in guarding Indonesian seas. The research method used a normative juridical approach with secondary data and analyzed descriptively qualitatively. There are two overlapping institutions in carrying out their duties and functions, namely SCG which is regulated in Law No. Year 2008 concerning Shipping and Bakamla which is regulated under the Law No. 32 Year 2014 concerning Marine Affairs. The government intends that maritime security in Indonesia to be handled by the military, not civilians. This can be seen that the chairman of Bakamla is held by a general from the Indonesian Navy and is responsible to the President through the Coordinating Minister for Political, Legal and Security Affairs. While in Law No. 17 Year 2008 stipulates that SCG is under the Ministry of Transportation and is responsible to the President. Bakamla is more appropriate to be used as SCG, this is based on the consideration that Indonesia is a maritime country with wide seas with all its problems such as narcotics trafficking, human trafficking, terrorism, theft of marine resources, etc., so it would be more appropriate to submit it to Bakamla as a semi-official institution. military. As a consequence of this choice, it is necessary to revise Law No. 17 Year 2008 and Law No. 32 Year 2014.


Keywords


Function; Authority; Bakamla; Sea and Coast Guard; Sea security

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References


Books

Andi Widjajanto, et al. (2013). National Security Policy Arrangement, Dian Cipta, Jakarta.

R.J.Lino, (2014). Sea and Coast Guard, GEM Indonesia, Jakarta.

Journals

A. Kadar, (2015). “Maritime Management Towards Indonesia as a World Maritime Axis”, National Security Journal, Vol.1, No. 3, Pp. 427-44

Abdul Muthalib Tahar dan Widya Krulinasari, (2012). “Sharing of Authority in Law Enforcement Against Violations of Laws and Regulations in Indonesian Waters”, Journal of Fiat Justitia, Vol. 6, No. 1, Pp. 42-50

Dicky R. Munaf, & Tri Sulistyaningtyas, (2015). “Operation System Synergize Bakamla with Law Number 32 Year 2014 concerning Ocean”, Journal of Sociotechnology, Vol.14, No. 3, Pp. 273-288

Eka Martiana Wulansari, (2016). “Law Enforcement at Sea with a Single Agency Multy Tasks System”, Online Journal of Rechts Vinding.

Luthfi Widagdo Eddyono, (2019). “The Constitutionality of Shipping Law”, Journal of RechtsVinding, Vol. 8, No. 2, Pp. 203-224.

Muh. Kadarisman (2019). “Maritime Safety and Security Policies in Support of Marine Transportation Systems”, Journal of Transportation & Logistics Management, Vol. 4, No. 2., Pp. 177-192.

Muhammad Rafi Darajati & Muhammad Syafei, (2018). “Legal Politics of the Establishment of a Maritime Security Agency in Maintaining Maritime Security in Indonesia”, Journal of the Era of Law, Vol.16, No. 1, Pp. 107-127.

Nazili Abdul Azis, L. Tri Setyawanto R. & Soekotjo Hardiwinoto, (2016). “Authority of the Maritime Security Agency (Bakamla) in the Implementation of Security in Indonesian Waters”, Dipenogero Law Journal, Vol. 5, No. 4, Pp.1-13.

Nina Firda Amalia, (2015). “Analysis of the Authority of the Maritime Security Agency based on Presidential Regulation No. 178 Year 2014 on the Maritime Security Agency”, UniversitasMaritim Raja Ali Haji, E-Journal

Shanti Dwi Kartika, (2014). “Maritime Security From the Aspect of Regulation and Law Enforcement”, State Law Journal, Vol.5, No. 2, Pp. 143-167

Laws and regulations

Law of the Republic of Indonesia Number 17 Year 2008 concerning Shipping

Law of the Republic of Indonesia Number 32 Year 2014 concerning Maritime Affairs

Presidential Regulation Number 178 Year 2014 concerning the Maritime Security Agency.




DOI: http://dx.doi.org/10.29303/ius.v10i2.999

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