Reconstruction of Ship Certification Towards Operational Activities of the Port Master and Port Authority Office from A Positive Legal Perspective

Abstract

This study aims to analyze the weaknesses of ship certification regulations in Indonesia and formulate a regulatory reconstruction based on a positive legal perspective that can be applied in the operational practices of the Harbormaster and Port Authority Office (KSOP). The background of this research is based on the high number of maritime accidents, the practice of certificate forgery, and weak compliance of ship owners with applicable regulations. The research method used is a normative-juridical approach with descriptive-qualitative analysis through literature studies, laws and regulations, and empirical field data. The results show that regulatory weaknesses cover aspects of substance, structure, and legal culture. In terms of substance, there is a lack of norms related to ship safety standards. In terms of structure, weaknesses are seen in procedural inefficiencies, lack of inter-institutional coordination, and limited human resources at KSOP. Meanwhile, in terms of legal culture, low legal awareness among shipping business actors worsens compliance conditions. The proposed reconstruction includes simplification of certification procedures, digitization of services, affirmation of sanctions for violations, and strengthening the role of KSOP in overseeing shipping safety and security. The implications of this research are the need for harmonization of ship certification regulations to ensure legal certainty, strengthen shipping safety, and enhance the competitiveness of Indonesia's maritime industry. Thus, this research contributes to the development of progressive maritime law and supports Indonesia's vision of becoming a global maritime axis.