Foreign Ships Research Articles

Identifying crucial deficiency categories influencing ship detention: A method of combining cloud model and prospect theory

Port State Control (PSC), implemented by the port state authority, is an inspection regime to examine visiting foreign ships and detain substandard vessels. Many studies have explored the factors affecting ship detention to improve the effectiveness and efficiency of PSC inspection. However, these studies rarely consider the psychological behavior of decision-makers and the uncertainty of PSC inspection results. Therefore, this study aims to construct a comprehensive analysis framework to identify the critical deficiencies affecting ship detention decisions by combining the cloud model, criteria interaction through the inter-criteria correlation (CRITIC) method, and prospect theory. Specifically, the cloud model is utilized to deal with the uncertainty of PSC inspection results. Then the CRITIC method is applied to determine the weight of deficiency categories for describing the interdependent relationship among different deficiencies, and the prospect theory is introduced to reflect the psychological behavior of the decision-makers. Finally, we utilize the presented framework to analyze the PSC inspection data in the Tokyo Memorandum of Understanding (MoU) and Paris MoU to discern the crucial deficiencies impacting ship detention. The findings of this study provide a reference for port authorities to improve the ship inspection procedure while supporting shipowners selectively maintain ships to maximize cost-effectiveness. • We proposed a hybrid appraisal model identifying the crucial deficiency categories. • The psychological behavior of decision-makers is considered in the presented model. • The cloud model theory is used to handle the uncertainty of PSC inspection data. • The inter-dependency among deficiency categories is depicted by the CRITIC method.

Maritime Culture Degradation of Indonesian Society in Social Practice of Seafaring

Indonesia since a long time ago has been known as a nation whose maritime is very strong, such as the activities or practices of seafaring which were carried out by the ancestors of the Indonesian nation. However, the current problem is the degradation of maritime culture in the social practices of seafaring. The purpose of this research is to find out the factors that cause Indonesian people not to go to sea and the degradation of maritime culture that occurs in Indonesian society in the social practices of seafaring. The method used in this study is a qualitative descriptive method with data sources derived from relevant books or journals. The results of this study, namely (1) the factors that cause people not to go to sea are due to unstable social economy for fisherman, climate change and erratic weather, fuel oil (BBM) which is difficult to obtain for ships, the use of technology that is still old technology, and the quota-based fisheries policy; and (2) the current degradation of maritime culture in Indonesian society is the transition from fisherman to other professions, such as farmers, foreign ship crews, and Indonesian migrant workers.

Tinjauan Yuridis Penangkapan Ikan Secara Illegal (Illegal Fishing) Menurut Undang Undang Nomor 45 Tahun 2009 Tentang Perikanan

Indonesia is a country where most of its territory consists of oceans with a population whose development continues to increase and can be expressed in meeting the needs of life, especially in coastal areas, such as fishermen who live in coastal areas generally using a source of life from the marine and fisheries sector. Indonesia as an archipelagic country surrounded by oceans has a strategic position and extraordinary potential with territorial waters, both archipelagic waters and inland waters. In addition, the Indonesian seas also include the sea waters of the Exclusive Economic Zone (EEZ). The economic loss caused by the practice of illegal fishing does not only result in loss of state revenues but also loss of opportunities for catching fish by Indonesian fishermen. If examined more deeply, it can be said that illegal fishing causes a lot of losses, not just counting how many fish have been stolen, but the impact is even wider, the financial burden is borne by the state, such as fuel subsidies (BBM) which are ultimately enjoyed by ships. -illegal vessels, reduced non-tax revenue (PNBP), reduced Indonesian fishermen's job opportunities, because illegal vessels are foreign ships that use their own crew (ABK), catches are generally brought directly abroad (country from ships), threats to the sustainability of fish resources because catches are not detected, both in type, size and quantity.

Back to the USSR: The Consequences of the 1965 Soviet Decree No. 331-112 “On the Procedure for Navigation of Foreign Ships in the Straits Along the Track of the Northern Sea Route” on Today’s Navigation Through the Russian Arctic Straits

This article analyzes the consequences of the recently declassified Soviet decree No. 331-112 of 27 April 1965 that established, inter alia, the status of the Soviet Arctic straits along the Northern Sea Route with respect to warships’ right of innocent passage. This article argues that the decree, read in conjunction with Article 5.2 of the 1958 Convention on the Territorial Sea and Contiguous Zone and Article 8.2 of the United Nations Convention on the Law of the Sea, establishes a right of innocent passage through the majority of the Russian Arctic straits, which warships can enjoy. Furthermore, this article asserts that the decree calls into question the existence of a customary regime regulating navigation through the Arctic straits.

북한의 해운·항만법제 변화 연구

The purpose of this study is to find out the implications of the revision of North Korea's Maritime and Port Law for the North Korean economy. North Korea's Maritime and Port Law was classified into three periods, and looked into two frameworks: characteristics of North Korean law and compliance with international norms.
 As a result, North Korea's shipping and port legislation presupposes international trade, so it was created within the framework of international convention from the beginning of its origin. Regardless of the time period, North Korea recognized the shipping and port industry as an important sector for economic growth, and reformed its laws to accept international norms in order to open its economy to the outside world. In addition, policy changes were made according to changes in the internal and external environment, and a causal relationship was shown in which changes in shipping and port laws were accompanied within the framework.
 The enactment and revision of the Shipping and Port Act in the 2010s, a period of expansion of economic opening to foreign countries, was more systematized and concrete compared to the previous period, and the law was reformed in the direction of mitigating discrimination against foreign ships and crew, objectivity, efficiency, and simplification of administration.
 However, in order to achieve a virtuous cycle structure in which law revision leads to industrial development, it is necessary to move towards market socialism through fundamental economic and institutional reforms.

Safe Ship Control using Linear Programming

The presented work is part of the project to implement a simulator for determining the ship's trajectory in collision situations. The aim of this article is to model an optimal ship control system in collision situations taking into account the International Regulations for the Prevention of Collisions at Sea. The main task was to design and realize a trajectory visualization in the form of a simulation. An analysis of the simulation results was also carried out and used to formulate conclusions. In this paper, an algorithm based on the static linear programming method for determining a multistage ship trajectory was developed and presented. The block diagram of the algorithm and the basics of linear programming are described. A series of simulations in various navigational situations involving a foreign ship sailing on a course of 0°, 45°, 90°, 135°, 180°, 225°, 270°, and 315° was carried out and the influence of the various parameters on the course of the simulation itself was examined. Based on the data obtained, graphs were drawn up to enable an easier analysis of the simulation results. It was also found that, depending on the complexity of the navigational situation, the results are more or less predictable and that, in order to obtain the optimal outcome of the situation, all the simulation parameters must be chosen accordingly.

The Effect of Agency Services on Service User Satisfaction in PT. Serasi Shipping Indonesia

Indonesia is a country known as a maritime country, most of which is waters and consists of islands. Therefore, sea transportation is very important to connect the islands scattered throughout Indonesia. Shipping is one of the means to serve the movement of goods and services from one island to another. Based on this, facilities and infrastructure are needed that can support the smooth operation of export and import service tools. Thus, agency services are needed to be able to support these shipping activities. PT. Serasi Shipping Indonesia Jakarta is a company engaged in the agency of foreign ships and local ships

Review: Environmental Politics of the Middle East, edited by Harry Verhoeven

Review: <i>Environmental Politics of the Middle East</i>, edited by Harry Verhoeven

He Settlement of Human Rights Violations Towards Indonesian Marintime Workers in Chinese Ship

Indonesia is the third largest contributor for Marintime Workers after China and Philiphine. The reason for those Indonesian Marintime Workers to work in the foreign ship is to have a decent standard of living. However, those workers are still having to encounter inhumane treatment such as slavery, exploitation, and discrimination from their employers. These inhumane treatment toward Indonesian Marintime Workers in Chinese ship is closely related to the Human Rights Violations. Human Rights is the rights inhereted to all human beings since they were in the womb (in a living state) until they are dead and could not be obstructed by others. Therefore, this should be the government responsibility to settle the matter. In order to settle those inhumane treatment towards the Indonesian Marintime Workers, Indonesian Government could implemented the 3 requirement of diplomatic asylum which is An Internation Wrong, Exhaustion of Local Remidies, Link of Nationality as well as delegated a representative agency to sue the employers through legal action and call into court based on precondition of the investigation results which refers to the Indonesia Labor Law as well as International Labor Law.

Legal Protection for Indonesia Ship Crew Working on Foreign Ship

There are many Indonesian workers who work in the marine and fisheries sector on foreign ships because their wages are four times the wages of working on Indonesian ships. By reason of high wages often the possible consequences that will occur are ignored. As a result, many undesirable things happened such as human trafficking, torture, ill-treatment, and even murder, as happened on the Chinese ship Fu Yuan Yu 1218 against the victims of Indonesian crew members. This research was conducted to determine the form of accountability from the Indonesian government in the case of the crew of the ship. This research method is a normative juridical method with a qualitative approach and indirect observation and documentation. The findings of this research are in the form of an international legal basis regarding the rights of Indonesian crew members on foreign ships. In addition, this research also seeks legal protection from the Indonesian government based on national law for Indonesian crew members who work on foreign ships. This research is expected to contribute to providing new information regarding the implementation of Indonesian crew work on foreign ships.

Law of the Sea: Consent of the Flag State and Jurisdiction of the Coastal State With Respect to Foreign Ships Engaged in Illicit Drug Trafficking at Sea

Law of the Sea: Consent of the Flag State and Jurisdiction of the Coastal State With Respect to Foreign Ships Engaged in Illicit Drug Trafficking at Sea

PEMBERLAKUAN ASAS CABOTAGE PERAIRAN SULAWESI TENGGARA BERDASAR-KAN INPRES JO UNDANG-UNDANG PELAYARAN

Indonesia has vast waters and the cabotage principle applies to connecting waters in Indonesia. The research’s problem: how to enforce cabotage principle in Southeast Sulawesi waters and how to empower Indonesian shipping in Southeast Sulawesi waters after cabotage principle enactment based on Presidential Instruction Number 5 of 2005 concerning Empowerment of the National Shipping Industry in conjunction with Law Number 17 of 2008 concerning Shipping. This research is normative and descriptive analytical legal research, using primary data to support secondary data, primary and secondary legal materials. The data is analyzed qualitatively and the conclusions drawn using deductive method. The conclusion is that the application of cabotage principle regulations in Southeast Sulawesi waters are going well, but cabotage principle has not carried out optimally. The positive impacts of cabotage principle implementation are: growing the country's economy, growing local companies, increasing the empowerment of human resources and reducing pollution and the negative impacts are in the form of a limited types of ships, one of which is mother vessels which are very few owned by Indonesia and because of this, the use of foreign ships is still being carried out due to the limited types of ships and high demand for services.

Участие пароходов Соловецкого монастыря в обороне Русского Севера в 1914–1917 годах

The history of the Solovetsky Monastery is full of bright events, which are covered in detail in historiography. However, the participation of the monastery in the First World War practically did not attract the attention of researchers. The monastery, being far from the fighting on the front line, found itself in the thick of events unfolding in the Arctic Ocean. Caravans of foreign ships with military cargo went to Arkhangelsk, and the German command sought to disrupt these transportations. Since the Russian Navy in the Russian North were limited to the small vessel Bakan, the mobilization of steamships of private owners began, one of which was the Solovetsky Monastery. As a result, the attracted merchant ships managed to form the Arctic Ocean Flotilla. The Solovetsky ships Vera, Solovetsky and Mikhail Archangel and their crew were not prepared to solve military problems, but they carried out a dangerous and routine service, without which the functioning of sea lanes in such a difficult time would have been impossible. The ship Vera played a special role in the organization of convoys, as it became the flagship of the Minesweepers party of the White Sea. This article is devoted to the fate of this vessel, as well as the contribution of the monastery to the defense of the Russian North.

IMPLEMENTATION OF FISHERIES UMKM POLICY IN SIMEULUE REGENCY

The fisheries sector is one of the leading sectors in Simeulue Regency's economy. It impacts increasing regional income, opening up employment opportunities, and improving the local community's standard of living, so fisheries UMKM policies are an important aspect of Simeulue Regency. The research method was descriptive qualitative, with field studies and interviews with policymakers and implementers from the Department of Marine Affairs and Fisheries (DKP), the Department of Industry, Trade, Cooperatives, and Small and Medium Enterprises (Disperindagkop) Simuelue Regency, and business actors. Furthermore, data were obtained through literature studies, which included scientific journals, government regulations, documents, and research reports. This study's analysis employs inductive logic by collecting field data and then analyzing it to conclude. The findings demonstrated that the government implemented the fisheries UMKM policy by providing business capital stimulus for UMKMs, conserving marine areas to protect fishery products, and limiting foreign ship visits to maintain marine sovereignty. The study concludes that the implementation of fisheries UMKM policies fails because: (1) there is no definite data on the number of fisheries UMKMs; (2) there is no communication and forum that can mediate the interests of UMKM business actors and the government; and (3) the government has limited budget funds in the form of business capital; and (4) UMKM business assistance and training have been provided, but have not yielded maximum results due to a lack of a market that can accommodate production results.

CHINA: THE STORY OF A MISSED OPPORTUNITY. HOW CHINA MANAGED TO DISREGARD THE SOUTH CHINA SEA RULING

On July 12, 2016 an international tribunal (registered with The Hague Permanent Court of Arbitration) ruled against China`s territorial claims in the South China Sea, arguing that the Chinese historic rights within the Nine Dash-Line map have no valid effect under the United Nations Convention on the Law of the Sea (UNCLOS). The tribunal’s decision came at a time when tensions in the South China Sea had reached a very high level amid increasing maritime incidents caused by China and the Chinese government’s construction of artificial islands in the open sea. What was supposed to be a major victory against China for the US-backed states (Vietnam, Philippines), turned out to be only a symbolic success for the Philippines. China not only rejected the sentence, but continued to conduct provocative naval exercises, harass other foreign ships and build artificial islands for military purposes. Using historical research and comparative analysis, this paper illustrates how China’s rejection of the ruling was facilitated by a number of legal, economic and political factors that have diminished international reactions and pressures on the Chinese government: the non-ratification of UNCLOS by the US, the lack of coercive mechanisms to enforce international rulings, the economic interdependence between China and other regional states and the precedents set by other major powers. Keywords: South China Sea, Permanent Court of Arbitration, UNCLOS, maritime claims, historic rights.

Marine environment and maritime safety assessment using Port State Control database.

Port State Control (PSC) is the inspection of foreign ships in national ports assists in the removal of substandard ship commerce from the global sea and ensures that no ship poses a threat to maritime safety and the marine environment. When a clear ground is discovered during an inspection, the inspector has the authority to detain the ship until the flaws are corrected in order to assure safety and reduce pollution hazards. This paper adopted a traditional literature review method using the selected six (6) years data from the inspections conducted by maritime authorities from 2016 to 2021 and incorporate with qualitative and quantitative analysis to ascertain the influence of each risk factor on the number of arrests, including the relationship between risk factors and the type of detain deficiency, which is a critical part of the study. This study's findings provide important insights into how to facilitate an effective way in selecting the ship to be inspected, followed by identifying the ship's risk profile and designing the inspection area, which plays a critical role in assisting the inspector in terms of time efficient and effective inspection (especially for the ships, which have a short duration at berth) during inspection to further strengthen maritime safety, ship's safety, seafarers' health and marine environmental protection.

17~19세기 조선 관련 오라이모노(往来物)의 제작·유통과 일본 서민의 조선 인식

The purpose of this article is to examine the characteristics of shipbuilding-related oraimono produced, distributed, and consumed in Japan from the 17th to the 19th centuries, focusing on publication date, classification according to content, publication region, and author. Also, the purpose of this study is to examine the temporal change of Japanese commoners’ perception of Joseon by analyzing the contents and illustrations of Oraimono (往来物).BR Oraimono was a textbook that was widely used for the education of children in Japan from the 11th to the 19th centuries. In the Edo period, all kinds of textbooks used in the homes of ordinary people and at Denarai-juku(手習塾), a private educational facility for ordinary people,were called oraimono.BR The knowledge, images, and memories acquired and formed in the educational field during childhood take root more deeply than at any other time and act as the basis for the perception formed in the process of becoming an adult. Commoners in various parts of Japan naturally acquired information and knowledge related to Joseon based on the contents of the Joseon-related Oraimono, which was used as a textbook in each household and in Denaraijuku. And based on this, it is presumed that he had his own view of Joseon.BR In the 17th century, many Oraimono related to Joseon were based on Joseon books containing Confucian ideas. In the 18th century, when peaceful Korea-Japan relations were established, such as dispatching news agencies in the 18th century, the emphasis was placed on preparations for visits by news agencies dispatched from Joseon and publications related to Joseon. Later, as foreign ships approached the coast of Japan in the late 18th century, they became conscious of external pressure, and the theory of territorial expansion in the surrounding area became active as a reaction against this. As a result, interest in Joseon increased again in the middle of the 19th century, and the main focus was on Empress Shin Gong’s(神功皇后), Samhan(三韓) Conquest, the Imjin(壬辰) and Jeongyu(丁酉) Wars, and tributes and offerings from Joseon. After the opening of the country, interest in Western countries grew in the mid-to-late 19th century, and the names, populations, trade products, and products of each country were organized, and some of them dealt with Joseon.BR This change in the contents of Oraimono reflects the situation at the time and the interests of the common people in Japan, and it is thought that it served as the basis for forming the perception of Joseon by the common people in Japan at the time. And I think that this collective learning and memory formation became the basis for the formation of Joseon in Japan that was formed in the modern era.

How does E-Service Affect Satisfaction of Shipping Companies through Trust?

Services are vital for transportation and logistics activities. In the context of sea transportation, services can facilitate shipping activities and determine the satisfaction of shipping stakeholders. Hence, the purpose of the study was to determine the effectiveness of the Foreign Ship Agency Notice (FSAN) Directorate of Marine Traffic and Transportation Management Information System (DMTTMIS) e-service in increasing the satisfaction of shipping companies through trust among national shipping companies in the Indonesian Territory in 2022. The study used a survey method. The sample is 130 shipping companies taken by random sampling from 250 companies. Data analysis used descriptive statistics and path analysis inferential statistics. The results show E-service of FSAN DMTTMIS has an effect on shipping company satisfaction, trust has an effect on shipping company satisfaction, FSAN DMTTMIS e- service affects trust, and FSAN DMTTMIS e-service has an indirect effect on shipping company satisfaction with trust mediation. The conclusion of the study is that the e-service FSAN DMTTMIS has an indirect effect on the satisfaction of shipping companies with trust mediation so that the satisfaction of shipping companies can be increased through improvements to FSAN DMTTMIS e-services and trusts.

Case Analysis of the Entry of China’s Ship at Natuna Sea in 2019 Based on International Law

The entry of China’s ships at Natuna Sea in 2019 poses a threat to Indonesia’s sovereign rights. The entry of China’s ships was followed by IUU fishing activities. This writing aims to analyze and find out the regulation of international law and efforts that Indonesia can do against foreign ships that entered the Indonesian EEZ. This writing uses normative legal research method by law and statutory approach. The conclusion of this writing is that Indonesia’s claim to the Natuna sea already has a legal basis because it is included as EZZ in the UNCLOS 1982. The efforts that Indonesia can do against the entry of foreign ships in the EEZ are to propose a settlement through the court of its choice, and take actions such as arrest and detain foreign ships that entered Indonesian EEZ which are accompanied by IUU fishing activities, and follow up with law enforcements.

Analisis Hukum terhadap Tanggungjawab Perusahaan Pemberi Izin Kapal Asing Sandar di Pelabuhan pada PT. Pelni Cabang Lhokseumawe

The problem in this research is how the legal arrangements regarding the granting of permits for foreign ships that will dock at ports in Indonesia, how the process of granting permits for foreign ships that will dock at the Port of Lhoksumawe and what are the constraints and responsibilities of PT. Pelni Lhoksumawe Branch in granting permits for foreign ships that will dock at the port. This type of research is directed to normative juridical law research. The nature of the research used in completing this thesis is descriptive analysis. Data collection techniques are carried out through: Library Research: namely by collecting and studying and analyzing concepts, theories, opinions or findings and statutory provisions related to law. Field research (Field Research), namely by conducting direct field research to obtain data such as interviews. In this case the researchers directly conduct research to PT. Pelni Lhoksumawe Branch which handles the port for foreign ships that will dock. Analysis of the data used in this study is to use qualitative methods.