Legal Implications of Ship Seaworthiness Certification Violations Resulting in Maritime Accidents

Abstract

Ship seaworthiness certification is a substantive legal instrument to ensure that vessels meet technical, administrative, operational, and managerial safety standards before sailing. The purpose of this research is: first, to analyze the legal regulation of ship seaworthiness certification in Indonesian shipping law; second, to identify forms of certification violations that may result in maritime accidents; and third, to analyze the legal liability for masters, shipowners, shipping companies, port officers, and harbormasters when certification violations contribute to accidents. This research uses a normative juridical method with statutory, conceptual, and case approaches. The results show that Indonesian law has regulated seaworthiness through Law Number 17 of 2008, Government Regulation Number 31 of 2021, ministerial regulations, and international maritime safety instruments. However, implementation remains weak because certification, inspection, manifest verification, and port clearance are often treated as administrative formalities. Violations may take the form of expired certificates, certificates inconsistent with the actual condition of the vessel, inadequate technical inspection, manipulation of load or passenger data, and issuance of port clearance despite indications that the vessel is unseaworthy. The cases of KMP Yunicee and KM Sinar Bangun show that defects in load control, manifest accuracy, technical inspection, and sailing approval may create a causal chain leading to accidents. Therefore, legal responsibility must be layered through administrative sanctions, civil compensation, criminal liability, corporate liability, and accountability of negligent officials. Strengthening digital verification and multi-door enforcement is necessary so that certification functions as a preventive safety mechanism, not merely as paperwork.