Penerapan Asas Cabotage dalam Angkutan Laut di Indonesia untuk Memberdayakan Industri Pelayaran Nasional

Abstract

As an archipelagic country, Indonesia has experienced glory in the field of sea transportation in the 1960s after the nationalization process of a Dutch shipping company, NV. Koninklijk Paketvaart Maatschappij (KPM), based on Government Regulation No. 34 of 1960 dated September 24, 1960. But then it dimmed with the issuance of Ministerial Decree No. 57 of 1984 which prohibited the operation of ships over the age of 25. This caused entrepreneurs to have to use foreign ships to fill the void of conveyance and this happened until 2005. Seeing this condition, the Government issued Presidential Instruction Number 5 of 2005 concerning the Empowerment of the National Shipping Industry which regulates the consequent Application of the Cabotage Principle to Indonesia's sea areas. The problems in the dissertation are, How to Apply the Cabotage Principle to sea areas as a State Sovereign Right to empower the national shipping industry, How Indonesia's Readiness to Apply the Cabotage Principle and How to Update the Law needed to optimize the Application of the Cabotage Principle to Support the National Shipping Industry. The research method in this dissertation uses normative legal research methods with data collection techniques obtained through library research and field research. All data are analyzed qualitatively and the data obtained in field research is used as supporting data to draw conclusions. Based on the research, it was concluded that the application of the Cabotage Principle in shipping according to the perspective of state sovereignty theory is a privilege that Indonesia has as an archipelagic country to organize domestic sea transportation activities carried out by national sea transportation companies using Indonesian-flagged ships and manned by Indonesian nationality citizen ship crews. The Cabotage Principle has not optimally supported the empowerment of the national shipping industry because Indonesia is not ready to apply this principle, unprepared in legal tools, support from infrastructure in the sea transportation system, human resources, technology and shipping security and safety. The renewal of shipping law is carried out by revising the shipping law through Law Number 11 of 2020 concerning Job Creation, in this law the application of the Cabotage Principle in the shipping sector is maintained. This legal renewal becomes a legal development for the future, which aims to realize justice and social welfare and achieve one of the Nawacita of development, namely making Indonesia the world's maritime axis.