Legal reconstruction of shipping flow maintenance by port business entities (BUP) in the future

Abstract

The port is a gateway to enter a region or country and as a liaison infrastructure between regions, between islands, and even between countries. One of the important factors in the port is the shipping lane. The shipping lane is used for the trajectory of ships that will enter the port pool. The Port Business Entity has the obligation to carry out maintenance of shipping lanes and port pools in the form of dredging, so that ship traffic flows and port pools can be maintained properly. However, there are obstacles to carrying out dredging, namely regulations related to the obligation of business actors to have at least one dredger unit to obtain a dredging and reclamation business permit. In addition, regarding funding from the State Revenue and Expenditure Budget (APBN), in particular the dredging of shipping lanes and port pools, the central government no longer allocates dredging funds. By using normative legal research, it is known that legal reconstruction in shipping lanes and port pools by port business entities (BUP) will be carried out in the future to realize the discourse on the transformation of port business entities. In addition, it is necessary to improve Law Number 17 of 2008 concerning Shipping; it is necessary to improve port regulations.