Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-7 | Issue-09 | 359-368
Original Research Article
Reconstruction of the Regulation of Authority for Civil Servant Investigators (PPNS) in Nautical Affairs for Handling Ship Accidents Based on Justice Values
Wolly, Anis mashdurohatun
Published : Sept. 20, 2024
Abstract
Indonesia, possessing the second-longest coastline globally, relies extensively on sea transportation, highlighting the necessity for proficient management of nautical incidents. The authority of Civil Servant Investigators (PPNS) in nautical affairs is delineated in Article 282 of Law Number 17 of 2008 concerning Shipping. However, the current framework, which places PPNS under the supervision of police investigators, can lead to biased investigations due to the pressure to conform to police findings, thereby compromising the independence and objectivity of PPNS. This study aims to analyse and prove that the regulation of PPNS authority in handling ship accidents is not founded on justice values, identifying several critical weaknesses, and proposing reforms to address them. Using a socio-legal research approach and incorporating primary and secondary data, along with a comparative analysis of international laws, the study is grounded in the Pancasila theory of justice, the legal system theory, and law enforcement theory. The findings reveal that the existing regulation fails to ensure justice values, as the supervision by police investigators introduces potential conflicts of interest and limits PPNS's ability to act independently. Moreover, the lack of specialized nautical expertise among police investigators hinders thorough investigations. Identified weaknesses include insufficient qualification standards for PPNS, structural issues in the coordination and supervision framework fostering conflicts of interest, and a need for more awareness and understanding of nautical laws and procedures among both investigators and the public. To reform the regulation, it is essential to establish a balance and equality of authority between PPNS and police investigators, enhancing the role of PPNS based on their specialized nautical expertise. Consequently, revising Article 282 of Law Number 17 of 2008 is necessary to align with justice values, ensuring more independent and objective investigations in nautical incidents.