STATUS HUKUM KAPAL TENGGELAM (SHIPWRECK) DAN TANGGUNG JAWAB HUKUM PEMILIK: STUDI KASUS KM DAHLIYA F3 DI PERAIRAN KALIMANTAN TIMUR

Abstract

The inland waterway transportation system is a vital logistical artery in East Kalimantan, particularly along the Mahakam River. However, administrative non-compliance and poor safety enforcement often lead to maritime accidents. This study analyzes the transformation of a vessel's legal status post-sinking and evaluates the shipowner's subsequent legal liabilities under Indonesian national shipping laws and ratified international conventions. Using a qualitative, normative-empirical research method, this study examines Law Number 17 of 2008 on Shipping and Presidential Regulation Number 80 of 2020 on the Ratification of the Nairobi International Convention on the Removal of Wrecks 2007, through the lens of the KM Dahliya F3 sinking on February 12, 2026. The findings show that the sinking of a vessel transforms its legal status from a registered navigation asset into a wreck, triggering mandatory deletion from the ship registry and voiding any associated mortgages. Under strict liability doctrine, the owner is solely responsible for removing the wreck within 180 days to protect navigational safety and prevent pollution. This study highlights a critical enforcement gap between mandatory international wreck removal insurance and practical compliance for traditional inland vessels, exacerbated by passenger manifest discrepancies. It recommends that local authorities enforce strict pre-departure audits, mandate insurance, and strictly monitor capacity limits to prevent future maritime casualties