Karya Ilmiah

DISERTASI (358) - Asas Maritime Cabotage Sebagai Katalis Peningkatan Industri Pelayaran Pada Era Integrasi Ekonomi Regional

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Maritime cabotage is not a novel principle. It is a customary international law that bestowed privilege to coastal States to implement it or not in their domestic shipping. A coastal State which implements the principle may exclude certain foreign element(s) from engaging in its domestic shipping, including the nationality of the ship, owner(s), crew, and the place where the ship was built. Therefore, maritime cabotage is categorized as a protectionist principle. Indonesia is among many States which implement maritime cabotage for its domestic shipping. This dissertation answers questions on: 1. what are the philosophical, theoretical, and conceptual basis of maritime cabotage implementation in Indonesia; and 2. what are the most appropriate legal concepts for Indonesian maritime cabotage to be able to become the catalyst for the shipping industry development in the regional economic integration era. This dissertation is legal research employing statute, comparative, conceptual, and historical approaches. The research found that the protectionist nature of maritime cabotage does not violate General Agreement on Trade in Services (GATS) leaves the option to whether liberalize any part of maritime transport services, including cabotage, in the auspicious of Regional Trade Agreements to achieve regional economic integration. However, Indonesia should be cautious on any proposals regarding cabotage relaxation or transforming it into regional maritime cabotage. Regional maritime cabotage may be fit within the EU but ASEAN is different as it is not a supranational organization and ASEAN’s geographical condition is distinc. In search of the most suitable maritime cabotage implementation for Indonesia this research studies the principle’s implementation from the colonial regulation in 1936 to the latest one in 2008. This research proposes for the 2008 Shipping Law to be revised. The new law should regulate embarkation and disembarkation points. Furthermore, it suggest that the new law should be more rigid in implementing Indonesian maritime cabotage as the principle serves as the catalyst to the Indonesia development which sustainable and employs human security approach to achieve sustainable development goals.

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Ketersediaan

031517017339

358 Kur a

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

358 Kur a

Penerbit

Surabaya : Fakultas Hukum Unair., 2022

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

SUSTAINABLE DEVELOPMENT
ASEAN
HUKUM MARITIM

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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