Development of Maritime Law in Line with 1982 UNCLOS to Protect Sea Transport Service

Abstract

The Indonesia's sea area that is wider than its land area represents a strong foundation that Indonesia is a Maritime Country. Therefore, to establish the Sea Transport business to connect inter-island activities, it is necessary to develop national maritime law in line with the United Nations Convention on the Law of the Sea (1982 UNCLOS) thus creating the harmonious national and international legal norms. The study used normative juridical method by exploring primary and secondary sources of law. The results of this study showed that in order to achieve national goals, a strong national Sea Transport system is required to encourage the achievement of the ideals of the Country as set forth in Article 1 paragraph (3) of the Constitution of Indonesia, that is to make people live fairly and prosperously due to creation of the legal certainty, order, and benefits in sea transport business activities, which is supported by Admiralty Court that can carry out further investigation on ship accident and can impose Administrative, Civil and Criminal sanctions in the enforcement of maritime law.