Year

2003

Degree Name

Doctor of Philosophy

Department

Faculty of Law

Abstract

Marine development, particularly that of the shipping industry, constitutes an integral and essential element of Indonesia's on-going national progress in not only meeting the needs of the domestic movement of npassengers and trade, but also in supporting export and import activities.

Sea transportation is still the cheapest, most effective and efficient type of transportation, particularly for the more isolated areas of Indonesia. Despite these benefits sea transportation is potentially risky. For this reason the development and management of shipping must be integrated with other areas of the economy by means of clear and sustainable planning.

Obstacles to the rapid development and modernisation include the scarcity of qualified persons, insufficient facilities and infrastructure, hmited budgets, too few marine institutions, and a lack of strong interest in gaining expertise in the marine sector generally. However, significant strides have been made in Indonesia since the 1990s through Government's Long Term Development Plan (PJP).

This thesis examines the regulatory framework governing shipping in Indonesia. The areas of focus are the development and implementation of the regulation of shipping and water transportation, including shipowners" responsibility, port management, search and rescue, and court jurisdiction. The thesis argues that the development of the shipping industry really needs to be supported by a proper legal framework, which is inadequate at the moment.

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