Towards an Integrated Maritime Court System in Indonesia: Realizing Fair, Efficient, and Low-Cost Justice in Maritime Disputes
Year: 2026
Type: article
Abstract: : Indonesia is the world's largest archipelagic nation and has significant economic opportunities in its ocean-based industries. However, the legal framework governing maritime activities is fragmented across multiple disconnected areas. At present, maritime disputes fall under the jurisdiction of different institutions: the Maritime Court, District Court, Fisheries Court, and National Transportation Safety Commission. This divided arrangement creates problems with overlapping powers, procedural bottlenecks, and uncertainty for businesses and individuals working in the maritime sector. The situation conflicts with the efficiency goals outlined in Law No. 48 of 2009 on Judicial Authority, which requires justice to be simple, quick, and inexpensive. This research examines how the current fragmented system causes negative results and explains why Indonesia requires a more unified maritime justice framework. It also puts forward an institutional design that balances fairness with practical functionality. The study uses a normative legal approach with descriptive-analytical methods, relying on secondary materials such as national laws and international agreements like UNCLOS 1982, along with studies from domestic and international research institutions. The data underwent qualitative content analysis. Results show that scattered institutional powers and weak coordination between agencies are the main reasons maritime law enforcement performs poorly throughout Indonesia. Bringing maritime jurisdiction together under one court within the Supreme Court system would centralize legal processes, enabling faster and cheaper resolution of disputes. This structure could increase legal certainty, strengthen Indonesia's control over its territorial waters, and provide better legal safeguards for fishing communities and maritime enterprises. Keywords: Maritime Justice System, Maritime Disputes, Legal Justice, Judicial Efficiency.
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7225748638