Petitioner Lukman Ladjoni, accompanied by his legal counsel, presenting the main arguments of the petition. Photo by MKRI/Panji.
JAKARTA (MKRI) – The Constitutional Court (MK) held a judicial review hearing on Article 59 paragraph (3), Article 60, Article 61, Article 63 paragraph (1), Article 63 paragraph (2), and Article 67 of Law No. 32 of 2014 on Maritime Affairs (Marine Law) on Friday, October 10, 2025. The Preliminary Hearing for Case No. 180/PUU-XXIII/2025 was chaired by Deputy Chief Justice Saldi Isra with Constitutional Justice Ridwan Mansyur and Constitutional Justice Arsul Sani.
Article 59 paragraph (3) of the Maritime Law states, "In the context of law enforcement in Indonesian waters and jurisdictional areas, particularly in carrying out security and safety patrols in Indonesian waters and jurisdictional areas, a Maritime Security Agency is established."
The petition was filed by Lukman Ladjoni (the Petitioner). During the hearing, Dusri Mulyadi, the Petitioner's legal counsel, stated that the provision constitutes a direct legal basis that legitimizes the Maritime Security Agency's (Bakamla) open and unmeasured actions, which ultimately pose a threat to the protection of constitutional rights and legal certainty for the Petitioner.
In a concrete case, on July 31, 2024, a vessel belonging to the Petitioner's company was seized by Bakamla in "Operation Trawl Manguni IV-24". This was due to administrative findings, such as the absence of a CLC Bunker certificate and expired safety equipment, which are not classified as criminal violations, but rather administrative violations. Then, Bakamla officers in a Warrant ordered the Captain of KM. Suryani Ladjoni to depart for Bitung Port no later than August 1, 2024, for further inspection. In short, Bakamla detained the KM. Suryani Ladjoni along with the ship's documents and equipment as well as the captain and 17 crew members.
According to the Petitioner, the detention of the ship by Bakamla not only caused material and operational losses, but also the Petitioner's constitutional rights as the ship owner as a legal subject to obtain legal protection, legal certainty and justice as guaranteed in Article 28D paragraph (1) of the 1945 Constitution.
"The presence of Bakamla in Law No. 32 of 2014 on Maritime Affairs creates legal uncertainty for shipping business actors because it violates the provisions of the law that clearly define the investigative authority of each institution, such as the KPLP, Customs, and others, which require inspections to be carried out at the port, not during sailing," said Dusri.
The Petitioner considers Bakamla not an investigator as stated in Article 1 point 1 of the Criminal Procedure Code and Presidential Decree No. 178 of 2014 also states that it does not have the legal authority to form an investigative agency, let alone carry out the detention and seizure of vessels without a delegation from an official investigator or a court order as required by criminal procedure law. Thus, the act of detaining and seizing vessels without reason is clearly considered to violate the principles of legality and due process of law guaranteed by the constitution and damages the national maritime law system.
Simply put, Article 59 paragraph (3) of the Maritime Law provides the basis for the establishment of Bakamla as an institution tasked with law enforcement and security patrols at sea. However, it does not explicitly refer to investigative authority as regulated in the Indonesian criminal law system, specifically in Article 6 paragraph (1) letter b and Article 7 paragraph (2) of the Criminal Procedure Code. This results in overlapping authority in the implementation of criminal procedure law in the maritime and shipping sectors.
Petitioner's Petitum
For this reason, the Petitioner requests that the Court declare Article 59 paragraph (3), Article 60, Article 61, Article 63 paragraph (1), Article 63 paragraph (2), and Article 67 of the Maritime Affairs Law to be contrary to the 1945 Constitution of the Republic of Indonesia and have no binding legal force.
The Petitioner also requests that the Court order the legislators to draft a special law concerning Bakamla within a maximum of two years from the date of this decision. If the legislators fail to fulfill this obligation within two years, Bakamla will have no legal basis and all of its operational functions will be rendered inoperable.
Norms Under Review
Regarding this petition, Constitutional Justice Ridwan Mansyur questioned and requested clarification from the Petitioner regarding the points of the norms being challenged, whether five or three norms were being challenged. "Furthermore, there are many legal bases that have not been included within the Court's jurisdiction," Justice Ridwan explained.
Meanwhile, Constitutional Justice Arsul Sani requested that the Petitioner reconsider the request to disband Bakamla and re-establish a new one. "The issue here should not be the institution itself, but the authority of the institution," Justice Arsul explained.
In addition, Deputy Chief Justice Saldi Isra provided a note regarding company leaders represented by private legal entities. "Both are permissible, but combining the two will conflict. Therefore, review the company's deed of incorporation if the legal entity is facing legal issues and determine who can represent them in litigation both inside and outside the court. If so, a power of attorney must be provided, validated by the company's deed. Next, determine where the constitutional rights are violated and why the Petitioner feels aggrieved. Explain and elaborate," Deputy Chief Justice Saldi advised.
At the conclusion of the hearing, Deputy Chief Justice Saldi stated that the Petitioners were given 14 days to revise their petitions. The revised texts must be submitted to the Court's Clerk's Office no later than Thursday, October 23, 2025. The Court will then hold a second hearing to hear the main points of the Petitioners' revised petitions.
Explore the Trail of Case No. 180/PUU-XXIII/2025
Author : Sri Pujiati
Editor : N. Rosi.
PR : Fauzan F.
Translator : Donny Yuniarto
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.
Friday, October 10, 2025 | 14:05 WIB 324