Nabilah Sofiana, - and Enny Narwati, - (2020) Rules of Authority of Hot Pursuit And Its Implementation In Indonesian Marine Regions. PalArch's Journal of Archaelogy of Egypt/Egyptology, 17 (4). pp. 2527-2535. ISSN 1567-214X

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Abstract

Purpose: To discern and analyze hot pursuit regulations under the International Admiralty Law against foreign vessels that commit violations in the marine regions of coastal countries. Furthermore, this study aims explicitly to scrutinize hot pursuit implementation against foreign vessels committing abuses in the Indonesian maritime areas. Methodology: This study is normative legal research that applies the statute approach, case approach, historical approach, comparative approach, and conceptual approach. Main Findings: Besidesin 1982 UNCLOS, the hot pursuit is also stipulated in the 1958 Geneva Convention. In its implementation, the hot pursuit can carried out by warships military aircraft or other aircraft that have been given a clear mark and are recognizable as the Government's ships or aircraft and are given authority to perform hot pursuit. Both the procedures and mechanisms of hot pursuit in Indonesia are not stipulated in the Indonesian laws and regulations; nonetheless, both are internally specified by the Indonesian Navy and the Ministry of Maritime Affairs and Fisheries of the Republic of Indonesia, which include the permission for shooting during the hot pursuit. Applications: The change of Law Number 32 of 2014 on Marine Affairs comprises the authority of the Indonesian Maritime Security Board to prevent the overlapping jurisdiction with the Indonesian Navy or the Indonesian Sea and Coast Guard. Moreover, Indonesia should make the mechanisms of hot pursuit implementation in its regions clearer through the national laws and regulations. Novelty/Originality: Hot pursuit is stipulated in Article 111 of 1982 UNCLOS. However, the Law does not thoroughly specify the mechanism of hot pursuit implementation. Indonesia, through the Indonesian Navy, the Indonesian Sea and Coast Guard (KPLP), and the Indonesian Maritime Security Board (BAKAMLA) has been given authority to carry out hot pursuit. Nonetheless, the Indonesian Maritime Security Board does not have specific tasks under its jurisdiction.

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