KEPASTIAN HUKUM PENGATURAN INVESTIGASI AWAL KEMATIAN DI ATAS KAPAL SEBAGAI UPAYA PENCEGAHAN HILANGNYA ALATBUKTI TINDAK PIDANA

Abstract

Deaths occurring on board ships present unique challenges because vessels may operate far beyond the immediate reach of law enforcement agencies; consequently, the initial state of the scene, the body, and potential sources of evidence are susceptible to alteration or loss. Although maritime law regulates seafarer competence and certification regarding safety and medical matters, there are currently no specific regulations governing the initial investigation of deaths—specifically one focused on preserving facts and potential evidence of criminal offenses. This situation creates uncertainty regarding the competent authority, the appropriate standard of conduct, and the procedures to be followed prior to the arrival of law enforcement officials on board. The research addresses two key issues: the legal framework governing the initial investigation of deaths on board ships as a means to prevent the loss of criminal evidence, and the extent of legal certainty provided by these regulations in safeguarding such evidence. The study employs Jan Michiel Otto’s Theory of Legal Certainty and M. Yahya Harahap’s Theory of Evidence. The research employs a normative-juridical legal approach. It utilizes the statute approach, case approach, analytical approach, and conceptual approach, drawing primarily from primary legal sources (statutes and case studies) and secondary sources (books, research findings, and articles), as well as tertiary sources (library materials, articles, and websites). The analysis of legal materials employs the technique of grammatical interpretation. Research findings indicate that regulations regarding seafarer competence and certification in Indonesia cover safety, first aid, and medical care competencies but do not specifically address the competence required for the initial investigation of deaths on board—specifically investigations focused on preserving the scene and potential evidence. Limited access for law enforcement officials—due to geographical factors and the operational nature of vessels—combined with the risk of the body being altered, moved, or even committed to the sea, creates a risk of losing evidence; consequently, establishing a legal framework for initial death investigations on board requires provisions that go beyond mere specialized certification to clearly define the responsible parties, competence standards, scope and limits of authority, procedures for scene preservation and documentation, oversight, accountability, and the mechanism for handing over findings to law enforcement authorities.