Skripsi

TINJAUAN YURIDIS TERHADAP PENERAPAN ASAS CABOTAGE DALAM KASUS PENGGUNAAN KAPAL BERBENDERA ASING DALAM KEGIATAN ANGKUTAN LAUT DALAM NEGERI DALAM ERA PERDAGANGAN BEBAS ASEAN DIKAITKAN DENGAN PERATURAN PERUNDANG-UNDANGAN TERKAIT

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The implication of free trade which has been agreed by all of the
member states of ASEAN expect that there are no more barriers in the
economic activities but in the other side the implementation of cabotage
principle viewed as the barrier due to the cabotage principle close the
probability of foreign party who wants to participate in the domestic
maritime transport primarily related to the use of vessel. The matter
appears when the domestic vessels can not meet a demand of domestic
maritime transport. This research aims to analyze how the application of
cabotage principle in Indonesia related to the free trade era in ASEAN and
also how the legal concequences of the utilization of foreign flagged
vessel in the domestic maritime transport which is not a carriage of goods
and passangers.
The analytical method used in this research is a descriptive
analytical method which is emphasizes to basic legal grounds, positive
law, legal principles and definitions, known as the judicial normative
method. The descriptive analytical is used in particular through elaborating
regulation, legal reality and its theories towards the object of this research.
Furthermore, data collection was gained through literature and on site
research.
The conclusion of this research it can be seen that first, on the free
trade era in ASEAN, Indonesia embraces the strict cabotage principle
regime for domestic maritime transport related to carriage of goods and
passangers and relaxed cabotage principle regime for domestic maritime
transport which is not carriage of goods and passagers. And the legal
concequences of the use of foreign vessel in the domestic maritime
transport which is not carriage of goods and passangers while indonesian
vessel is already available is ceasing the operation of the foreign vessel by
revocation of vessel’s license, so the use of foreign vessel in the domestic
maritime transport which is not carriage of goods and passagers related
to free trade era in ASEAN only can use while Indonesian vessel is not
available or it is not enough available

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Detail Information

Series Title

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Call Number

103/2018

Publisher

Bandung : Fakultas Hukum UNPAD., 2018

Collation

x, 115 hal, 30 cm

Language

Indonesia

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Classification

NONE

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