THE PRINCIPLES OF CABOTAGE IN REGULATION OF THE MINISTER OF TRANSPORTATION NUMBER 121 OF 2015 CONCERNING THE PROVISION OF EASY FOR FOREIGN TOURISTS BY USING A CRUISESHIP
Aulia Rifai
Hasanuddin University Law School, Tamalanrea, Makassar 90245
Abstract
Historically, cabotage comes from the French language which means small ship. This term is from the Spanish language from the word "Cabo" which means "Cape" (cape), meaning from headland to headland on one beach, for example transportation from one headland to another headland on a different beach, for example from Tanjung Priok in Jakarta to the city of Banjarmasin . Indonesia is one of the countries that applies the cabotage principle as seen in Article 8 paragraph (1) of Law Number 17 Year 2008 concerning Shipping which states that domestic sea transportation activities are carried out by national sea transportation companies using Indonesian-flagged vessels and manned by crew members of Indonesian citizenship, furthermore, paragraph (2) states that foreign vessels are prohibited from carrying passengers and / or goods between islands or between ports in Indonesian waters. However, in 2015, the government issued a Minister of Transportation Regulation PM Number 121 of 2015 concerning Provision of Facilities for Tourists Using Foreign Flagged Cruiseships where consideration of the issuance of this Minister of Transportation Regulation is to increase visits and move tourist trips so that tourists need to be provided convenience. using foreign-flagged cruises. Ports that were opened to be a stopover for cruise ships are the Ports of Tanjung Priok, Tanjung Perak, Belawan, Makassar and Benoa (Bali). Article 3 This Regulation of the Minister of Transportation states that cruises can transport tourists at domestic ports for travel, starting from domestic origin ports to tourist destinations to return to the port of origin, as long as the trip is part of tourist trips to and from the territorial waters. Indonesia. Seeing the above provisions, violating Article 8 paragraph (1) and (2) of Law Number 17 Year 2008 concerning Sailing because foreign cruise ships are allowed to transport passengers at the original port in Indonesia, then go to the destination port, back again to the port of origin of departure . The tour destinations are sufficient to be reported to the Head of the Kesyahbandaran and the Port Authority (KSOP). This study aims to determine (1) the relationship between the provisions in the Minister of Transportation Regulation No. 121 of 2015 concerning Provision of Facilities for Tourists by Using Foreign Flagged Cruiseships connected with Law Number 17 of 2008 concerning Shipping and (2) forms of regulation cruise ships in sailing in Indonesian waters in order to increase tourism. The method used in discussing this study is a normative legal research method that studies the legislation in relation to the unity of the national domestic transportation legal system. Conclusions based on the results of the study are (1) provisions in the Minister of Transportation Regulation No. 121 of 2015 concerning Provision of Facilities for Tourists by Using Foreign Flagged Cruises contrary to Article 8 pa
Keywords: cabotage principle, tourism
Topic: Maritime, Environment and international policy