IDEAL CONSTRUCTION IN ELECTRONIC - BASED LAW ENFORCEMENT IN THE WATERS OF KALIMANTAN'S MAHAKAM RIVER
Singgamata. 2023. Ideal Construction in Electronic-Based Law Enforcement in the Mahakam River Water Area, Kalimantan. The purpose of this study is to review and analyze; 1) How is the Application of Water Traffic Law in Indonesia based on applicable laws and regulations? ; 2) Why is the current enforcement of the Mahakam River traffic law not fair?; 3) How is the ideal construction of electronic-based law enforcement in Mahakam river water traffic. This research method and approach uses the constructivist paradigm. Research Approach The approach to this research uses an Empirical Juridical approach. The results of this study are 1) Shipping safety arrangements as stipulated in Law No. 17 of 2008 are government steps in improving the shipping system in Indonesia. In the implementation of law enforcement at sea and waters related to criminal acts of shipping in waters can be carried out with the stages of investigation, investigation, prosecution and examination in court hearings. The application of the crime in its implementation is punishable by imprisonment of up to 10 months and a fine of Rp 1,000,000.00 - 2,000,000.00 which is lighter than the imprisonment provisions contained in Article 312 jo Article 14 5 and Article 310 jo Article 135 of Law Number 17 of 2008 concerning shipping is a maximum imprisonment of 2 (two) years m and a maximum fine of Rp 300,000,000,0 0 (three hundred million rupiah); 2) Traffic Law Enforcement in the Mahakam River Water Area has not been fair, among others, caused by; a) Lack of Responsibility of the Owner and Captain of the Ship for the Safety of the Ship and Passengers that Caused the Accident; b) Public Awareness of Ship Safety and Low Passengers; c) The sailing permit is too loose not in accordance with the Ship and Passenger Safety Eligibility Standards; d) Inadequate facilities and infrastructure in the Mahakam River Water Area; e) There is no specific regulation related to electronic law enforcement in the Mahakam River Watershed. 3) The Ideal Construction of Electronic Law Enforcement in Mahakam River Waters is; a) Strengthen regulations related to Ship and Passenger Safety; b) Provide adequate facilities for shipping channels; c) Tighten the permit to pass in the Mahakam River Water Area in accordance with Ship and Passenger Safety standards; d) Make special regulations related to electronic law enforcement in the Mahakam River Watershed; e) Coordination of the Government, Law Enforcement Officials, and the Community in the Safety of Ships and Passengers in the Mahakam River Waters.
Reconstruction, Enforcement of Water Transportation, Electronics.