Normative Study On Criminal Liability Of The Captain For The Occurrence Of A Fatal Accident That Causes The Death Of A Person

. The purpose of this study is to describe criminal liability for the captain for the occurrence of fatal accidents that cause the death of people. The method provided uses a data normative law research approach using secondary data and techniques with document and literature studies. The study results show that the captain is the highest leader on a ship and is responsible for the occurrence of ship accidents unless it can be proven otherwise. The captain's criminal liability for a fatal accident is caused by technical, human, and natural factors. Ship accidents caused by technical and human factors result from a lack of caution (negligence) or a mistake. Because of the fulfillment of the elements of criminal liability, namely mistakes ( schuld ), being able to take responsibility, and the absence of excuses, the captain is burdened with criminal liability. Meanwhile, ship accidents caused by natural factors are included in noodtoestand . This force majeure circumstance is a reason for forgiveness in criminal law so that the captain is not burdened with criminal liability.


INTRODUCTION
The Unitary State of the Republic of Indonesia has thousands of islands and a large water area.With more than 17000 islands, 70% of the water area is covered by islands, making Indonesia one of the largest archipelagic countries in the world. 1 With the number of islands and the vastness of the territorial waters of the Unitary State of the Republic of Indonesia, it is more appropriate to be called a maritime country.The concept of a naval state is a country that can utilize its marine wealth to achieve prosperity.Shipping is crucial to attain glory and prosperity as a maritime country.Shipping is an important factor because it is related to the transportation process in the waters.Transportation in water is transporting or moving passengers and goods using ships.
Ships are a mode of water transportation, namely vehicles used to transport passengers and goods through sea routes (including rivers and so on).They are made of wood and iron, turbulent, and driven by engines or sails.In transportation in the waters, the ship runs according to a predetermined route, namely from the first port to the last port.A ship also includes ship equipment.Ship equipment is everything that is not part of the ship but is intended to be used forever with the ship. 2 The captain is the leader of the ship and holds the highest command.As a leader, a captain has the authority to regulate the working relationship on the ship and is responsible for the actions carried out by the ship's officers and crew. 3The transportation process in the waters does not always run according to plan; in practice, ships have the potential to experience ship accidents.A ship accident is an incident caused by external and/or internal factors of the ship that can threaten and endanger the safety of the ship, cause property losses, and cause the loss of human life.Ship accidents can take the form of sunken ships, rooted ships, collision ships, or stranded ships.When a ship accident occurs, the responsible party is the captain because the captain is the highest leader in a ship unless it can be proven otherwise.

DISCUSSION
Indonesia is an archipelagic country with an ocean area larger than its land area.In the context of a maritime country, the sea is not a land separator but a link between islands.
Ships are a mode of water transportation that transports goods and people through water.In a maritime country, ships have an essential role as a liaison between islands in Indonesia.
According to the report of the Ministry of Transportation of the Republic of Indonesia in 2019, the number of sea fleets in Indonesia was 39,510 cargo ships, 3243 passenger ships, and 39,330 fishing ships. 8The number of ships in Indonesia continues to increase to 72,313 units in 2021.9 Indonesia is located between two continents, namely Asia and Australia, and two oceans, namely the Indian Ocean and the Pacific Ocean, which gives Indonesia a strategic position, especially in international ship traffic.Based on the Coordination Meeting on Foreign Sea In a ship accident, criminal liability is imposed on the captain as the supreme leader unless it can be proven otherwise.Factors that affect the criminal liability of the captain in the event of a fatal accident are: 1. First, the human factor that causes ship accidents is a lack of caution (negligence) in running the ship, including the placement of human resources that are not in accordance with the required qualifications so that they cannot carry out the company's operational standards properly, including not being able to communicate effectively in emergency situations.
2. The second is the technical factor.Technical factors are related to the lack of meticulousness in designing the ship, the lack of routine ship maintenance resulting in damage to the ship and/or ship equipment which is a factor causing ship accidents.Technical factors also include violations of existing provisions and regulations or procedures. 13 Third, natural factors in the form of bad weather, such as storms, large currents, and fog, that result in limited visibility.Bad weather is a natural factor, but it should be anticipated as a readiness to face an emergency.In this case, the company or ship owner should be able to identify potential emergencies on board the ship and the procedures that must be taken to anticipate these situations. 14sed on the cause of the ship accident, natural factors are not the captain's responsibility because it is a force majeure circumstance or Overmacht.According to J.E. Jonkers, overmacht is divided into three categories: absolute overmacht, relative overmacht, and external emergency called Noodtoestand. 15Natural factors in the occurrence of ship accidents are Noodtoestand , which is an emergency that comes from nature or other situations that cause someone to commit a criminal act.So that Noodtoestand became a reason to remove the unlawful acts committed and then remove the criminal liability imposed on him.
Meanwhile, ship accidents caused by technical factors and human factors due to lack of caution are the captain's responsibility, and he is charged with criminal liability.
The human factors that cause ship accidents can be categorized into four categories: unsafe acts, a precondition for unsafe acts, organizational influences, and unsafe supervision.Unsafe Acts or unsafe acts are the biggest factor in ship accidents caused by wrong human actions in taking action (lack of caution).Circumstances included in unsafe acts include errors in controlling the ship, mistakes in assessing the situation, and errors in following up on the surrounding situation. 16chnical factors such as lack of precision in designing the ship and not carrying out ship maintenance that causes damage to the ship or ship equipment are related to human factors.
Because the one who makes the design of the ship is a human being and the one who performs the maintenance of the ship and the ship's equipment is also a human technical factors can also be categorized as negligence or lack of caution so that it causes errors.
Criminal law is a legal regulation regarding crime or a law regarding offenses threatened with a crime.According to W.L.G Lemaire, criminal law consists of imperatives and prohibitions associated with a sanction in the form of punishment, that is, a special suffering. 17Thus, criminal law is a system of norms that determines which actions (whether or not to do something that is necessary) and under what circumstances the law can be imposed, as well as what kind of punishment is imposed on those acts.In imposing a criminal sentence against a person, the elements of a criminal act must be met.The elements of criminal acts are divided into two views, namely monistic and dualistic.The monistic view states that criminal acts/acts include prohibited acts and criminal liability.While the dualistic view separates criminal acts from criminal liability, criminal acts only include criminal acts without questioning whether the person who commits the criminal act can be responsible. 18 the case of a ship accident that causes the death of a person, this study refers to a dualistic theory that separates criminal acts and criminal liability.In a fatal accident on a ship, the captain is the party burdened with criminal liability unless it can be proven otherwise.Ridwan Halim defines legal responsibility as a further consequence of the implementation of roles, both rights and obligations and powers.Legal responsibility can generally be interpreted as an obligation to do something in a certain way and not deviate from existing regulations. 19 criminal liability, a person can be held accountable for criminal acts committed intentionally or due to negligence.
In the future, criminal liability refers to Article 36 of Law No.1 of 2023 concerning the Criminal Code (KUHP).Criminal liability is the criminalization of the perpetrator of a criminal act with the intention of determining whether a defendant is responsible for the act that occurred or not.Thus, it can be interpreted that criminal liability is forwarding objective reproaches contained in laws and regulations to the perpetrators of criminal acts.
A person can only be charged with criminal liability if he meets the three elements of criminal liability: fault (schuld), ability to take responsibility, and absence of excuses.This means that the perpetrator cannot be sentenced if he does not commit a criminal act, but even if he commits a crime, the perpetrator cannot always be convicted. 20e captain or captain of a ship is a licensed seafarer who holds the highest command and is responsible for a ship in processing transportation in the waters.With his license, a captain is able to be responsible for the fatal accident of the ship he leads.This is in accordance with the mandate of Law No. 17 of 2008 concerning Shipping, which states that in the event of a ship accident, it is the responsibility of the captain unless it can be proven otherwise.So, the element of being able to be responsible in the theory of criminal liability has been fulfilled.
Mistakes are acts that violate the rule of law or violate the rules.In criminal law, it is known as the principle of Geen Straf Zonder Schuld, which means that there is no crime without guilt.So that in criminal law, mistakes are a very important element and are considered fair in accounting for a delix. 21ibawa DOI 00000-xxxxx | 266 reason that makes the captain no longer burdened with criminal liability.This is by the phrase "otherwise provable" in shipping laws.

CONCLUSION
The incident of the ship accident is an offense that creates a forbidden situation.When a ship accident occurs, the captain is the party responsible for the accident.The factors that affect the criminal liability of the captain in the event of a fatal accident that causes the death of a person depend on the causal factors.Namely caused by technical factors, human factors, or natural factors.
The captain's criminal liability theory uses three elements: mistakes, the ability to take responsibility, and the absence of excuses. In Criminal liability in criminal law is known as the theory of criminal liability.In Dutch, it is called torekenbaarheid, and in English, it is called criminal responsibility.Criminal liability is the application of existing penalties to the maker for acts that violate prohibitions and/or create prohibited circumstances.
The captain is responsible for allegedly making mistakes in applying maritime professional standards.Ship accidents can occur because they are caused by several factors, namely technical factors, natural factors, and human factors.4  ip accident is a prohibited situation.The occurrence of a ship accident causes a prohibited circumstance, including losses and casualties.In this study, the problem is focused on criminal liability for the captain for fatal accidents that cause the death of people.This study uses a normative legal research approach.The data used was secondary data.Data collection techniques by means of document studies and literature studies.The collected data is analyzed qualitatively and presented in a descriptive form.
12ansportation held by the Ministry of Transportation of the Republic of Indonesia, since 2017-2022, import and export activities in Indonesian waters have been 37% Indonesian ships and 63% foreign ships.Throughout 2022, the number of ships carrying out activities in Indonesia reached 10,534 ships.10Withmanyshipsoperating in Indonesia, ship accidents can occur in the process of transportation in the waters.Ship accidents are incidents experienced by ships that can threaten ship safety and human life; ship accidents can be in the form of sunken ships, burning ships, collision ships, and stranded ships.Ship accidents occur due to two factors: internal factors in the form of technical and human errors and external factors, namely natural factors.11Since2020-2023,errors in internal factors have contributed to 14 out of 15 ship accidents, namely 7 incidents due to technical errors, 7 incidents due to human factors (human error) and 1 incident caused by natural factors.Throughout semester 1 of 2023 (January-June), ship accidents have caused 15 fatalities.12 the future, when ship accidents are caused by technical factors and human factors that are the result of lack of caution or negligence, the captain will be burdened with criminal liability, namely article 474 j.o article 475 of Law No.1 of 2023 concerning the Criminal Code.Meanwhile, if the cause of the accident is a natural factor, such as bad weather, it is included in noodtoestand, which is a force majeure circumstance that is a reason for forgiveness in criminal law.With the excuse of forgiveness, the captain is not burdened with criminal liability.