LEGALIZATION ANALYSIS OF BAKAMLA RI AS CIVILIAN MARITIME LAW ENFORCER BY MEANS OF FRIEDMAN THEORY

Abstract

ABSTRACT

Bakamla RI is non-ministry government agency whose duty is to arrange patrol operation of security and safety in Indonesian territory and jurisdiction sea region. Bakamla RI should be the only one maritime security agency as single agency multitasks. The formulation of the problem raised in this research is focused on Bakamla RI as maritime security agency. This research found two main problems: First is overlapping authority, second is military culture in Bakamla RI. This research is Normative Law Research by using Friedman Theory (Legal System). Findings of this research are Bakamla is the legalized civilian maritime law enforcer. It is proved by Law No. 32 of 2014 and the principle of lex posterior derogate legi priori. Then, as civilian maritime law enforcer, Bakamla RI is different with the navy because the maritime security duties are totally different with the maritime defense duties. So, it will need a different kind of training.  At last, according to Friedman Theory (Legal System), Bakamla RI has two sides: as law enforcer and also as law implementer. As law enforcer, Bakamla RI is the Legal Structure that uses Law No. 32 of 2014 as Legal Substance to realize maritime security into the sea users. As law enforcer, Bakamla RI must also implement maritime law. So, the Commision 1 of the House of Representatives is the Legal Structure that uses Law No. 32 of 2014 to keep Bakamla RI as civilian maritime security enforcer by using three rights: interpellation right, inquiry right, and opinion right.

Keywords: Bakamla Civilian Maritime Law Enforcer.