Appendix 4.36 (En)

Directory Verdict of the Supreme Court of the Republic
of Indonesia
putusan.mahkamahagung.go.id
VERDICT
Number 77/ Pid. Sus/ 2020/ PN Tpg
FOR THE SAKE OF JUSTICE BASED ON THE ALMIGHTY GOD

The Tanjungpinang District Court, which hears criminal cases using an ordinary
examination procedure at the first instance, handed down the following verdict in the
Defendant's case:
Full Name Place Mr Yong Bok;
of Birth Age/Date. South Korea/ Daewoo;
Birth Gender : 50 years / 26 November 1969;
Male
Nationality South Korea;
Residence : 426 O-Rok 24 Mulyamun Bonghwagon Kyong Buk
South Korea;
Religion Buddha;
Occupation Captain of Ship MV. CH. Belia;
The defendant in this case was not detained;

The defendant was not accompanied by a legal advisor;
The defendant was accompanied by a sworn translator, namely Ardi Gunawan,
who translated from Indonesian to English and from English to Indonesian;
the District Court;
After reading:
1. Determination of the Chairman of the Tanjungpinang District Court Number 77/ Pid.
Sus/ 2020/ PN Tpg dated 10 March 2020 concerning the Appointment of the Panel of
Judges;
2. Determination of the Panel of Judges Number 77/ Pid. Sus/ 2020/ PN Tpg dated 10
March 2020 concerning Determination of Session Days;
3. Case files and other relevant documents;
After hearing the statements of witnesses, experts and defendants and paying
attention to the evidence presented at trial;
After hearing the reading of the criminal complaint filed by the Public Prosecutor
No. Reg. Perk: PDM - 15/ BINTAN/ Eku.2/ 02/ 2020, April 2 2020, which in essence is as
follows:
1. Declaring that the defendant PAK YONG BOK has been legally and convincingly
proven guilty of committing the crime of "Captain who does not comply with the
provisions of traffic procedures, shipping lanes and route systems"
Page 1 of 31 Verdict Number 77/ Pid. Sus/ 2020/ PN Tpg
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as regulated and subject to criminal penalties in Article 317 in conjunction with Article
193 paragraph (1) Republic of Indonesia Law no. 17 Year 2008 concerning Shipping as
the Second Alternative Indictment of the Public Prosecutor.
2. Sentences the Defendant to imprisonment for 2 (two) months and a fine of IDR
100,000,000,- (one hundred million rupiah).
3. Establish that if the fine is not paid, it will be replaced by imprisonment for 3
(three) months.
4. Orders that the evidence in this case be in the form of:
1. 1 (one) unit Ship MV. CH BELLA, Flag: South Korea, Tonnage: GT 19992, Trunk:
GT 19992 White platform Lb Red, Type of Ship: Cargo Ship, Company: Chang
Myung Shipping, Co. LTD, Owner: Chang Myung Shipping, Co. LTD, Number of
crew members: 23 people along with the captain, Nationality: Korean;
2. Other ship documents:
1) Port Clearance
2) Crew List
3) Certificate of Registry
4) Safe Manning Certificate
5) International Tonnage Certificate
6) Doc Of Compliance
7) Safe Management Cert
8) International Ship Security Cert
9) Continuous Synopsis Record
10) Cert Of Classification
11) Bunker Convention Cert
12) Ship Survey Cert
13) International Load Line Cert
14) Cargo Ship Safety Construction Cert.
15) Cargo Ship Safety Equipment Cert.
16) Cargo Safety Radio Cert.
17) International Oil Pollution Prevention
18) International Sewage Pollution Prevention Certificate
19) International Air Pollution Prevention Certificate
20) Engine International Air Pollution Prevention Certificate
21) Document of Compliance for Garbage Pollution Prevention
22) International Anti Fouling system Certificate
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23) Certificate of compliance with ВС Code
24) APP. Of Ship's Plans for the Carriage of bulk Grain
25) Document of compliance with carrying Dangerous Goods
26) Statement of compliance with Reg.11-2/19 SOLAS as amended for carriage of
solid dangerous goods in bulk
27) Certificate of Cargo Securing Manual approval
28) Certificate of Loading Instrument
29) Marine Pollution Prevention Certificate
30) PNI Insurance
31) Hull Insurance
32) Panama Canal - PC/UMS Documentation of total volume
33) Suez Canal - Special Tonnage Certificate
34) Calculation sheets for Suez Canal tonnage measurements
35) Ship Sanitation Control Exemption Certificate
36) 2020 (Korean document)
37) ITF(FKSU)
38) Indonesian Health Book
39) Document of Compliance with ILO Convention NOS.92 and 133
40) Cert of VSL INSP For Freedom Frpom The Asian gypsy Moth
41) Statement of Fact (Helicopter no.3 hatch)
42) Certificate of insurance or other financial security - Removal Wrecks
43) Maritime Labor Certificate
44) International energy efficiency certificate
45) Ship Earth Station: Radio Station License
46) Ship Station: Radio Station License
47) International Ballast Water Management
48) WATER TEST CERT
49) Cert of Insurance or other financial security - MLC
RETURNED TO THE ENTITLED THROUGH THE DEFENDANT.
5. Burdens the defendant to pay the costs of this case amounting to IDR 5,000,-
(five thousand rupiah).
After hearing an oral request from the Defendant which basically stated that he
asked for leniency in his sentence on the grounds that he regretted his actions and the
Defendant promised not to repeat his actions again;
After hearing the Public Prosecutor's response to the Defendant's application, which
basically stated that he would stand by his demands;
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After hearing the Defendant's response to the Public Prosecutor's response, which
basically remained true to his request;
Considering, that the Defendant was brought to trial by the Public Prosecutor and
was charged based on Indictment No. Reg. Perk: PDM-15/ BINTAN/ Eku.2/ 02/ 2020,
dated 26 February 2020, as follows: FIRST INVESTIGATION
That the defendant Pak Yongbok was the captain of the ship MV. CH. Belia with
the South Korean flag on Saturday 11 January 2020 at approximately 12.15 WIT or at least
at other times still included in 2020, located in the waters north of Tanjung Brakit at position
01° 26'959' N -104° 35'714' E in the territorial waters of the Indonesian state or at least in
other places it is still included in the jurisdiction of the Tanjung Pinang District Court which
has the right to examine and adjudicate this case, the Captain who sails without having
a sailing approval letter issued by the Harbor Captain as intended in Article 129
Paragraph (1) which the Defendant did in the following way:
That initially the Defendant as the Captain of the Ship MV. CH. Belia with a South
Korean flag sailed from Bangladesh to Singapore and arrived in Singapore on January 9
2020 at around 03.00 Singapore Time, then at around 21.00 Singapore Time the Ship MV.
CH. Belia which was captained by the Defendant moved from Singapore to the High Seas
in accordance with the Port Clearance issued by the Singaporean state, then the Defendant
sailed towards Est OPL, but on the way the Defendant received a report from the ship's
helmsman that there was damage to the ship's steering and on January 10 2020 at
approximately 01.40 Singapore time the Defendant decided to carry out anchoring at the
coordinate point 01° 26'959' N -104° 35'714' E which is in the Indonesian Territorial Sea to
carry out repairs to the ship's steering for approximately 4 (four) hours and after finishing
the repairs on the ship's steering, Ship MV. OH. Belia still anchored in that position without
reporting or informing any of the Indonesian port authorities and the the Ship MV. OH Belia
after completing repairs and the ship is in good condition and seaworthy, Ship MV. OH
Belia should have immediately set sail, entered the Right of Innocent Passage and sailed
continuously, directly and as fast as possible.
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That on Saturday 11 January 2020 at approximately 11.50 WIT. when the MV.CH
Belia ship was anchoring in Indonesian waters at position 01° 26'959' N -104° 35'714' E, it
was seen by the Navy Patrol Ship KRI Lemadang-632 which was patrolling in the
Indonesian sea waters and the KRI Lemadang ship approached to identify and contact the
ship using the radar and when approached it was discovered that the ship was MV. CH
Belia which was anchoring, afterwards the ship KRI Lemadang-632 approached and
docked at the hull of the Ship MV. CH Belia then inspected both cargo and documents at
position 01° 26'959' N -104° 35'714' E.
That the Ship MV. CH. Bella when anchoring at position 01° 26'959' N -104°
35'714' E. is in Indonesian Territorial Sea Waters, the ship's position is 10 nm from the land
of Tanjung Brakit and this position is still in the sea area of Indonesian Territorial Waters
and the ship MV . CH. Belia which was captained by the Defendant did not have a Sailing
Approval Letter (SPB) from the rightful party, namely the harborCaptain of Tanjung Uban
and afterwards the Ship MV. CH. Belia was escorted to Lantamal IV Tanjung Pinang for
further examination.
That the defendant's actions are as regulated and punishable by crime in Article
323 paragraph (1) in conjunction with Article 219 paragraph (1) of Law of the
Republic of Indonesia No. 17 Year 2008 concerning Shipping.
OR
SECOND
That the defendant Pak Yongbok was the captain of the ship MV. CH. Belia with the South
Korean flag on Saturday 11 January 2020 at approximately 12.15 WIT or at least at other
times still included in 2020, located in the waters north of Tanjung Brakit at position 01°
26'959' N -104° 35'714' T in the territorial waters of the Indonesian state or at least in other
places are still included in the jurisdiction of the Tanjung Pinang District Court which has
the right to examine and adjudicate this case, the Captain who does not comply with the
provisions, traffic procedures, shipping lanes, route systems, traffic shipping areas
ships, shipping navigation aids as intended in Article 193 Paragraph (1), which the
Defendant carried out in the following manner:
That initially the Defendant as the Captain of the Ship MV. CH. Belia with the South
Korean flag sailed from Bangladesh to Singapore and arrived in Singapore on January 9
2020 approx.
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at 03.00 Singapore Time, then around 21.00 Singapore Time the Ship MV. CH. Belia which
was captained by the Defendant moved from Singapore to the High Seas in accordance
with the Port Clearance issued by the Singaporean state, then the Defendant sailed
towards Est OPL, but on the way the Defendant received a report from the ship's helmsman
that there was damage to the ship's steering and on January 10 2020 at approximately
01.40 Singapore time the Defendant decided to carry out anchoring at the coordinate point
01° 26'959' N -104° 35'714' E which is in the Indonesian Territorial Sea to carry out repairs
to the ship's steering for approximately 4 (four) hours and after finishing the repairs on the
ship's steering, Ship MV. CH. Belia still anchored in that position without reporting or
informing any of the Indonesian port authorities and the the Ship MV. CH Belia after
completing repairs and the ship is in good condition and seaworthy, MV. OH Belia should
have immediately set sail and entered the Right of Innocent Passage and sailed
continuously, directly and as fast as possible.
That on Saturday 11 January 2020 at approximately 11.50 WIT. when the MV.CH
Belia ship was anchoring in Indonesian waters at position 01° 26'959' N -104° 35'714' E, it
was seen by the Navy Patrol Ship KRI Lemadang-632 which was patrolling in the
Indonesian sea waters and the KRI Lemadang ship approached to identify and contact the
ship using the radar and when approached it was discovered that the ship was MV. CH
Belia which was anchoring, afterwards the ship KRI Lemadang-632 approached and
docked at the hull of the Ship MV. CH Belia then inspected both cargo and documents at
position 01° 26'959' N -104° 35'714' E.
That the Ship MV. CH. Belia when anchoring at position 01° 26'959' N -104°
35'714' E. is in Indonesian Territorial Sea Waters, the ship's position is 10 nm from the land
of Tanjung Brakit and this position is still in the Indonesian Territorial Waters sea area and
the ship MV . CH. Belia which was captained by the Defendant did not have a Sailing
Approval Letter (SPB) from the rightful party, namely the harborCaptain of Tanjung Uban
and afterwards the Ship MV. CH. Belia was escorted to Lantamal IV Tanjung Pinang for
further examination.
That the defendant's actions are as regulated and punishable by crime in Article
317 in conjunction with Article 193 Paragraph (1) of Law of the Republic of Indonesia
No. 17 of 2008 concerning Shipping.
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Considering, that regarding the Public Prosecutor's indictment, the Defendant stated
that he understood the contents of the indictment and stated that he would not raise any
objections, so that the examination continued at the evidentiary stage;
Considering, that to prove its indictment the Public Prosecutor has presented the
following witnesses:
1. Witness SUMARNO, under oath in essence
explained as follows;
- That, the witness is a member of the Navy who took part in the arrest
of the Defendant where the Witness served as Commander of the KRI Lemadang-
632 with the task of managing the administration of the KRI;
- That, starting on January 11 2020 at 11.50 at position 01°
17' 850” N- 104° 31'200” E when the KRI Lemadang - 632 was sailing in the waters
of the Singapore Strait, the KRI Lemadang detected contact with a foreign-flagged
ship carrying out anchoring within Indonesia's territorial boundaries without
permission. Based on the position on Radar and Ecdis, that the foreign ship
anchored 10 nm from land (Tg. Assembled) with the name Mv. CH BELLA and it
was decided that KRI Lemadang - 632 move closer to the contact ship;
- That, on January 11 2020 at 12.05 WIT within 1000
yards from the contact, KRI Lemadang - 632 carried out the inspection and search
role, then at 12.15 WIT at position 01° 22' 50” N- 104° 39' 70” E, KRI Lemadang -
632 docked at the left hull of the MV. CH BELLA and then the inspection team
carried out an inspection and the results detemined that the ship had anchored in
Indonesian territory without permission;
- Based on the results of the investigation of the ship, the Commander of KRI
Lemadang
- 632 then coordinated with the upper command in this case Guskamla Koarnada I
and finally it was decided that MV. CH BELLA was to be escorted to the Tanjung
Uban base to be handed over for further investigation;
- That, from a series of examinations it was discovered that MV. CH BELIA
is a type of motor vessel/motor ship with a South Korean flag which is captained by
the Defendant in the name of Pak Yong Bok with a crew of 23 people including the
captain, while the ship has the status of not carrying cargo;
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- That, that when the Witness and other officers did
the inspection has been completed with a Patrol Order from the Commander of
Guskamla Koarmada 1;
Regarding the Witness's statement, the Defendant gave a confirming opinion and
stated that he had no objection to the Witness's statement;
2. Witness MARULI RAKHMAT PANJAITAN under oath in essence explained as follows;
- That, the witness is the Second Officer of the Ship MV. CH BELLA that
is responsible for ship navigation, while the Catain of Ship MV. CH BELLA is the
Defendant namely Pak Yong Bok;
- That, on January 9 2020 at approximately 20.00 (
Singapore Time) Ship MV. CH Belia departed from Singapore for the High Seas
without cargo with 23 crew members including the Captain consisting of 4 South
Korean citizens and 19 Indonesian citizens;
- That, then on January 10 2020 at around 01.36
Singapore time the Ship MV. CH Belia arrived at Tanjung Berakit Waters at
position 01° 22' 50” N- 104° 39' 70” E because there was a problem with the
steering gear, so the Capptain ordered to anchor in that area and after anchoring,
the Captain ordered the Chief Engineer to check the condition of the ship and
found Transmit Unit Malfunction;
- That, on January 11 2020 at approximately 13.30 WIT the Ship MV.
CH Belia was checked by KRI Lemadang -642 where the ship Kri Lemadang - 642
suddenly docked to the left of the Ship MV. CH Belia and immediately met the
captain and checked the documents. During the initial inspection, the Navy officers
who came informed him that the ship MV. CH Belia has anchored in Indonesian
waters;
- That, at first the Witness thought that the waters where they
were anchored was not Indonesian waters but the Singapore OPL, but after
plotting on map Number 352 provided by investigators at that time, the Witness
only then realized that the anchor was in Indonesian waters, to be precise in the
Territorial Sea;
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- That, the term of the ship MV. Ch Belia carried out anchoring in
position 01° 22' 50” N- 104° 39' 70” E of Tanjung Waters Berakit took more or less
a day until it was inspected by the Navy, but the ship MV. CH Belia never informed
the Port Authority Harbor Captain's Office in Indonesia about the anchoring;
- That, when carrying out repairs to the ship, the Witness did not provide
signs on the ship because the Ship's AIS has been turned on;
- That, there were navigation equipments on board the MV. Ch Belia
including ECDIS, Radar, GPS, Eco Sounder, Weather Fax, GMDSS, In Marsat and
AIS as well as VHF radio;
- That, in accordance with the Sailing Approval Letter (SPB)/ Port
Clearance issued from Singapore the ship MV. CH Belia sailed from Singapore to
the High Seas;
- That, the owner of the ship MV. CH Belia is Chang Myung Shippinh Co.,
Ltd whose address is in South Korea;
3. Witness KIM DO YEON under oath in essence explained as follows:
- That, the witness is the Engine master/Chief Engineer of the ship MV. CH Belia
with a South Korean flag who has been working for 4 (four) months, while the
Captain of the Ship MV. CH BELLA is the Defendant namely Pak Yong Bok;
- That, initially the MV. CH BELLA departed from Chittagong
Bangladesh to carry out the Bunker in Singapore with 23 ship crew members
including the captain consisting of 4 South Korean citizens and 19 Indonesian
citizens, then on January 9 2020 at around 20.00 Singapore Time, after completing
the ship's Bunker, continued to depart for OPL based on instructions from the
Captain, however after sailing in the early hours of the morning the ship MV. CH
Belia experienced engine failure/damage to the steering and the Witness reported
the damage to the Captain, however because the problem could not be resolved
immediately the Captain then ordered the ship to anchor at position 01° 22' 50" N-
104° 39' 70" E Tanjung Berakit Waters;
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- That, the process for repairing damage to the ship MV. Ch Belia
took around 4-5 hours and this was also reported to the Captain, but the Captain
still ordered the ship to remain in that position;
- That, on January 11 2020 at around 13.00
Singapore Time the Navy ship came to dock at the ship MV. CH Belia and 4 people
got on the ship and 5 crew members from the ship MV. CH Belia and the ship's
documents were taken aboard the Navy ship and then the ship MV. CH Belia was
taken to Tanjung Uban for further examination;
- That the Ship MV. CH Belia anchored in rough waters, to be precise
in position 01° 22' 50” N- 104° 39' 70” E since January 10 2019 at 01.30 am
Singapore Time, so this ship was at that coordinate point for approximately 1 (one)
day until the Navy arrived to carry out inspections;
- That, the Ship MV. CH Belia never contacted any of the
Indonesian Port Authority when entering the Indonesian Territory, this is because
none of the ship's crew knows that the anchor point is in Indonesian waters;
- That, the Ship MV. Ch Belia with the South Korean flag has Navigation tools
including: Radar, ECDIS, AIS, GPS, GDMSS< VHP, INMARSAT and WEATHER
FAX;
- That, in accordance with the Sailing Approval Letter (SPB)/ Port
Clearance issued from Singapore the ship MV. CH Belia sailed from Singapore to
the High Seas;
- That, the Ship MV. CH Belia is a type of Bulk Currier owned by
Chang Myung Shippinh Co., Ltd with an address in Seoul (South Korea) which at
the time of the arrest was carrying no cargo (nil);
- That, the owner of the ship MV. CH Belia has an agent in Indonesia, namely PT.
Tirta Bintan Abadi;
Considering that the Public Prosecutor has brought the following Experts:
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1. Expert HAKA ANDINANTHA under oath in essence explained as follows:
- That, the Expert is from the Navy who currently works at Lantamal IV
Tanjungpinang with the position of Head of Operations at Lantamal IV
Tanjungpinang, and in this trial will provide an opinion relating to the Nautical
Expert regarding the capture of the MV. CH Belia with the South Korean flag
because it anchored in position 01° 22' 50” N-104° 39' 70” N in Tanjung Berakit
waters;
- That, it can be seen that the Territorial Sea is waters 12 nautical miles wide as
measured from the outermost baseline of an island;
- That, after the expert carried out plotting at the coordinates 01° 22' 50” N- 104° 39'
70” E, it was discovered that the Ship MV. CH Belia, with the South Korean flag, is
in the Indonesian Territorial Sea, precisely in the waters of Berakit Island, Bintan,
approximately 9.8 NM from Berakit Island;
- That, the procedure that must be followed if the ship is damaged and the ship is in
the anchor position is that during the day the ship must be given a sign in the form
of one black ball which is placed on the main mast of the ship, and if it is night time
then use a white light placed on the main mast of the ship that can be seen from all
directions;
2. Expert ARIE AFRIANSYA, S.H., PH.D which was read at the trial
in essence as follows:
- That, the Expert is a lecturer in the field of International Law, Faculty of Law,
University of Indonesia, Jakarta, apart from being the Chairman of the Institute for
International Legal Studies and the Chairman of the Center for Sustainable Ocean
Policy, the expert will provide opinions related to his expertise in the field of
International Law regarding the capture of the ship MV . CH Belia carrying the
South Korean flag because it anchored in the position 01° 22' 50” N- 104° 39' 70” E
in Tanjung Berakit waters;
- That, the Right of Innocent Passage is a right of passage granted to foreign ships
to pass through the territorial waters of a coastal state with certain restrictions or
conditions, namely peaceful , continuous and at a fixed speed (expeditious). This
right is regulated in international law (UNCLOS 1982, articles 17-19) and national
law (UU No. 6/1996 concerning Indonesian Waters, articles 11-12; PP No. 36/2002
concerning Rights and Obligations
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Foreign Ships Carrying Out Right of Innocent Passage Through Indonesian
Waters, Article 3; and Law no. 43/2008 concerning State Territory, Article 10);
- That, the rights and obligations of foreign ships are also regulated in positive
Indonesian law such as in Law no. 6/1996 concerning Indonesian Waters, articles
11-12; UU no. 17/2008 concerning Shipping, Article 194; PP No. 36/2002
concerning the Rights and Obligations of Foreign Ships in Carrying out Peaceful
Passage through Indonesian Waters, Article 3; and Law no. 43/2008 concerning
State Territory, Article 10; PP No. 37/2002 concerning the Rights and Obligations
of Foreign Ships and Aircraft in Exercising Rights of Archipelagic Sea Lane
Passage Through Established Archipelagic Sea Lanes, Article 4; PP No. 5/2010
concerning Navigation, Article 16;
- That, every foreign-flagged ship must also respect and comply with Law Number
17 Year 2008 concerning Shipping, in accordance with Article 4 letter b which
reads "all foreign ships sailing in Indonesian waters", as for Article 1 paragraph (2)
referred to with Indonesian waters, namely the Indonesian territorial sea along with
its archipelagic waters and inland waters. So as long as foreign ships pass through
these areas, foreign ships are obliged to comply with the Indonesian Shipping Law;
- That, according to the information on the anchoring coordinates of the Ship MV. CH
Belia with the South Korean flag at position 01° 22' 50” N- 104° 39' 70” E, the
coordinate point is the Indonesian territorial sea;
- That, it can be seen that the rules at sea in Indonesia, for the most part, follow
international rules. In Article 18(2) UNCLOS, it is said that "Passage shall be
continuous and expeditious. However, passage includes stopping and anchoring,
but only in so far as the same are incidental to ordinary navigation or are rendered
necessary by force majeure or distress or for the purpose of rendering assistance
to persons, ships or aircraft in danger or distress.” From this provision it is clear that
even if a foreign ship is exercising the right of innocent passage, it may only stop or
anchor if the activity is "incidental to ordinary navigation". So only in incidental or
occasional circumstances or necessary in sailing. Meanwhile, in national law, it is
clear in PP no. 36/2002 concerning the Rights and Obligations of Foreign Ships in
Carrying Out Right of
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Innocent Passage Through Indonesian Waters, Article 3 Paragraph 4 states that "In
carrying out a Right of Innocent Passage, foreign ships may not drop anchor, stop,
go back and forth, unless this is necessary because of force majeure, or disaster or
because they are helping people, ships or aircraft that are in danger;
- Whereas, foreign ships that intend to stop and anchor should obtain permission
from the coastal state authorities for shipping security reasons;
- That, based on the results of the IV Lantamal Investigation Team's examination of
the Captain, Second Officer and Engine master of the ship MV. CH Bella with the
South Korean flag and also from the Deck Log Book and Engine Log Book, it was
found that the reason for anchoring the Ship MV. CH Bella was due to damage to
the ship's steering indicator engine/steering system, this was recorded in the ship's
Log Book, both the Deck Log Book and Engine Log Book, and there was also
evidence of a damage report by the Captain to the ship owner via email on January
10 2020 (first day ship MV. CH Belia with the flag of South Korea), based on this
information, the damage to the engine can be said to be major damage so it is
necessary to postpone the trip and lower the anchor. Thus, this act can be justified
as incidental to shipping activities or force majeure;
- That, based on regulatory observations, there are no clear and definite national and
international regulations regarding how long to anchor for emergency purposes.
From the provisions governing shipping in Indonesian territory, especially the
implementation of the right of innocent passage, it is not regulated how long after
the emergency ends, a foreign ship must immediately leave the place where it
anchors when an emergency occurs. However, from the interpretation of the rules
above, it can also be concluded that if the emergency is over, you must
immediately continue your journey and not delay it;
- That, every ship that has been given a SPB / Port Clearance in accordance with its
application must sail in accordance with the destination stated in the SPB
(deviation from the port of destination or deviation can only be carried out for
rescue actions against
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Ships as stated in Article 139 of Law no. 17 of 2018 concerning shipping;
- That, however, the ship MV CH Belia which postponed its journey by anchoring to
carry out emergency repairs, did not constitute a deviation in its journey because
this did not have an element of intention to change the direction of the voyage, only
a delay in the journey;
- That, to the Expert's knowledge, the waters north of Berakit Island have not been
designated as an anchorage area but it must be understood that Law No. 17 Year
2008 concerning Shipping applies to Indonesian waters, namely the Indonesian
territorial sea along with its archipelagic waters and inland waters. So, whether or
not the area has been designated as an anchor lego area, Indonesia's national
regulations still apply. So as long as foreign ships pass through these areas,
foreign ships are obliged to comply with the Indonesian Shipping Law. Once again,
this is to ensure Indonesia's obligations as a coastal country to maintain the
security and safety of shipping in its territory;
- Whereas, in principle it is an obligation for foreign ships exercising the right of
innocent passage to immediately continue their journey after the necessary repairs
have been completed so that, however, if the Captain of MV. CH Belia with the
South Korean flag, is still carrying out anchoring activities in Tanjung Berakit after
carrying out repairs to the ship's steering indicator machine/steering system, if the
ship fails to continue its journey and no convincing reason is found for the delay, it
can be said that there is an element of intent and can be said to have violated
Indonesian national law;
- That, the requirements for the exercise of the right of innocent passage by foreign
ships have been clearly stated in Article 3 paragraph 4 PP 36/2002 where delays
are possible and these delays must end immediately after the emergency situation
has ended or been resolved. Therefore, the Ship MV CH Belia can be said to have
violated Article 193 paragraph 1 because it did not follow traffic regulations in
Indonesian maritime territory. This will greatly endanger navigation traffic in
Indonesian maritime areas. The Ship MV CH Belia can also be said to be in
violation because logically navigation does not comply with the route system that
has been given to it to reach its destination according to its route;
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of Indonesia
- That, according to the existence of Article 3 paragraph 4 of PP 36/2002, it is stated
that in carrying out the Right of Innocent Passage as intended in paragraph (1),
paragraph (2), and paragraph (3), foreign ships may not drop anchor, stop or go
back and forth , unless this needs to be done because of force majeure, or disaster
or helping people, ships or planes that are in a state of disaster. Based on these
regulations, according to legal logic, foreign ships MUST immediately continue their
journey in order to fulfill the requirements for the right of innocent passage. If it
does not comply, the ship is considered to have violated Indonesian national
regulations. The 31-hour delay has shown that the decision was deliberate;
Considering, that at trial the Defendant stated that he would not present witnesses
(a de charge ) or experts in his favor even though the Panel of Judges had given the
Defendant the opportunity to present them;
Considering, that the Defendant at the trial has provided information which in
essence is as follows:
- Whereas, the Defendant is the Ship Captain/Captain of the South Korean-flagged
MV CH Belia;
- That, initially the MV. CH Belia with a South Korean flag with a crew of 23 people
including the Defendant as Captain consisting of 4 (four) Korean citizens and 19
(nineteen) Indonesian citizens was sailing from Chittagong Bangladesh on January
3 2020 and arrived in Singapore on on 09 January 2020 at around 03.00 Singapore
time, then on 09 January 2020 at around 21.00 Singapore time the MV CH Belia
ship moved from Singapore to the High Seas according to Port Clearance , then the
captain sailed towards Est OPL. and after passing the OPL received a report from
the ship's helmsman that there was damage to the ship's steering, and then the
captain ordered the helmsman to reduce speed, afterwards the Engine master also
reported that there was indeed damage to the ship's steering and Engine master
suggested that it be repaired first;
- That, on January 10 2020 at approximately 01.40 Singapore time, the Captain
decided to anchor in waters whose name the Captain did not know at a position of
01° 22' 50" N-104° 39' 70" E on the grounds that if the ship was forced to sail
Disclaimer
Indonesia via: lj ı l
Email: kepaniteraan@mahkamahagung.go.id Telp : 021-384 3348 (ext.318) Ι~ΙαΙαΓΠ<.\
HalamıF/12/268
of Indonesia
it will endanger shipping lanes, then the captain and crew carry out repairs to the
ship's steering for approximately 4 (four) hours;
- That, on January 11 2020 at approximately 13.00 Singapore time, the Indonesian
Navy warship KRI Lemadang - 632 approached the Defendant's ship and informed
them via radio that they were requesting permission to carry out an inspection, then
the Defendant gave permission to the KRI Lemadang crew to go aboard ship MV.
CH Belia and Navy officers said that the anchor coordinates of the Defendant's ship
were in the Indonesian Territorial Sea;
- Whereas, at that time, 4 (four) Navy officers boarded the Defendant's ship and
checked the ship's documents, crew documents and shipping documents, then took
all the documents and took several of the Defendant's ship's crew, and then the
Defendant and the ship MV. CH Belia was asked to follow the KRI Lemadang ship to
the coordinates in Tanjung Uban Waters;
- That, when the KRI Lemadang came to carry out an inspection, the ship was already
in a repaired condition such that the term the ship MV. CH Belia anchored in rough
waters at position 01° 22' 50” N- 104° 39' 70” E since 10 January 2020 at
approximately 01.40 Singapore Time, was approximately 1 (one) day or
approximately 31 ( thirty-one) hours until the inspection by the Navy;
- That in accordance with the Sailing Approval Letter (SPB)/ Port Clearance issued by
Singapore the ship MV. CH Belia sailed from Singapore to the High Seas, then
traveled successively from Singapore heading east via EAST OPL and past the
Horsburough Beacon, then arrived at the waters where the anchoring was carried
out, which at first the Defendant thought that the anchoring position of the ship MV.
CH Belia while carrying out its repairs, was in the High Seas area (waters that are 12
nautical miles away measured from land). This was because the Defendant saw
several ships also anchored in these waters, but after plotting them on map number
352 provided by the Investigator, it was only known that the Defendant's ship was in
a loose position in Indonesian Territorial Waters;
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Email: kepaniteraan@mahkamahagung.go.id Telp : 021-384 3348 (ext.318) rlalalTci
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- Below, the Defendant did not report the anchoring and ship repair activities in
Indonesian waters because the defendant thought that the waters where the
anchoring was located were not within Indonesian territory;
- That the Ship MV. CH Belia with the South Korean flag, has ship navigation
equipment including: Radar, ECDIS, AIS, GPS but the Defendant does not have an
English Paper Map;
- Whereas, when carrying out repairs to the ship, the Defendant did not display signs
on the ship indicating that the Defendant's ship was damaged and was in the
process of being repaired because the Defendant had turned on the ship's AIS;
- That, the Ship MV. CH Belia, with the South Korean flag, is a Bulk Carrier ship
belonging to Chang Myung Shipping, Co., LTD Seoul Korea, which at the time of the
arrest was carried out in the condition of the ship having no cargo (nil), the ship was
light and in ballast condition;
Tirta Bintan Abadi;
Considering, that the Public Prosecutor presented evidence as
follows:
1) Port Clearance
2) Crew List
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23) Certificate of compliance with BC Code
26) Statement of compliance with Reg.11-2/19 SOLAS as amended for carriage
of solid dangerous goods in bulk
30) PNI Insurance
31) Hull Insurance
37) ITF(FKSU)
48) WATER TEST CERT
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of Indonesia
The evidence has been confiscated based on a valid Confiscation Determination so that it
can be presented as evidence and can be considered in this case and then shown to the
Witness and Defendant who then each confirm it;
Considering, that in order to shorten the description of this verdict, everything
recorded in the Minutes of Trial is deemed to have been included and considered and is an
inseparable part of this verdict;
Considering, that based on the evidence and evidence submitted, the following
legal facts are obtained:
- That, the Ship MV. CH Belia with the South Korean flag which was commanded by
the Defendant in the name of Pak Yong Bok was a Bulk Carrier ship belonging to
Chang Myung Shipping, Co., LTD Seoul Korea. At the time of the arrest, the ship
had no cargo (nil), was a light ship and was in ballast condition, sailed with 23 crew
members including the captain consisting of 4 South Korean citizens and 19
Indonesian citizens;
- That, initially the MV. CH Belia with the South Korean flag was sailing from
Chittagong Bangladesh on 03 January 2020 and arrived in Singapore on 09 January
2020 at around 03.00 Singapore time, then on 09 January 2020 at around 21.00
Singapore time the ship MV CH Belia moved from Singapore towards High Seas
according to Port Clearance , then the captain sailed towards Est OPL. and after
passing OPL received a report from the ship's helmsman that there was damage to
the ship's rudder, then the captain ordered the helmsman to reduce speed, then
Witness Kim Yo Deon as Engine master/ The Chief Engineer also reported that
there was indeed damage to the ship's rudder and Witness Kim Yo Deon suggested
that it be repaired first;
- Whereas, on January 10 2020 at approximately 01.40 Singapore time, the Captain
decided to anchor in waters whose name the Captain did not know at a position of
01° 22' 50" N-104° 39' 70" E on the grounds that the ship was forced to sail it will
endanger shipping lanes, then the captain and crew
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of Indonesia
carryied out repairs to the ship's steering for approximately 4 (four) hours;
- That, on January 11 2020 at approximately 13.00 Singapore time, the Indonesian
Navy warship KRI Lemadang - 632 approached the Defendant's ship and informed
them via radio that they were requesting permission to carry out an inspection, then
the Defendant gave permission to the KRI Lemadang crew to go aboard ship MV.
CH Belia and Navy officers said that the anchor coordinates of the Defendant's ship
were in the Indonesian Territorial Sea;
- Whereas, 4 (four) Navy officers boarded the Defendant's ship and checked the
ship's documents, crew documents and shipping documents, then took all the
documents and took several of the Defendant's ship's crew, and then the Defendant
and the ship MV. CH Belia was asked to follow the KRI Lemadang ship to the
coordinates in Tanjung Uban Waters;
- That, when the KRI Lemadang came to carry out an inspection, the ship was already
in a repaired condition such that the term the ship MV. CH Belia anchored in rough
waters at position 01° 22' 50” N- 104° 39' 70” E since 10 January 2020 at
approximately 01.40 Singapore Time, was approximately 1 (one) day or
approximately 31 ( thirty-one) hours until the inspection by the Navy;
- That in accordance with the Sailing Approval Letter (SPB)/ Port Clearance issued by
Singapore the ship MV. CH Belia sailed from Singapore to the High Seas, then
traveled successively from Singapore heading east via EAST OPL and past the
Horsburough Beacon, then arrived at the waters where the anchor was carried out,
which at first the Defendant thought was the anchor position of the MV. When CH
Belia carried out repairs, his business was in the High Seas area (waters that are 12
nautical miles away measured from land). This was because the Defendant saw
several ships also anchored in these waters, but after plotting them on map number
352 provided by the Investigator, it will only be known if the Defendant's ship is in a
loose position in Indonesian Territorial Waters;
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of Indonesia
- That, the Defendant never informed/reported to the Port Authority Harbor Captain's
Office in Indonesia regarding anchoring and ship repair activities in Indonesian
waters because the Defendant thought that the waters where the anchor was
located were not within Indonesian territory;
- That the Ship MV. CH Belia with the South Korean flag, has ship navigation
equipment including: Radar, ECDIS, AIS, GPS but the Defendant does not have an
English Paper Map;
- Whereas, when carrying out repairs to the ship, the Defendant did not display signs
on the ship indicating that the Defendant's ship was damaged and was in the
process of being repaired because the Defendant had turned on the ship's AIS;
Tirta Bintan Abadi;
Considering, that next the Panel of Judges will consider whether based on the legal
facts mentioned above, the Defendant can be declared to have committed the criminal act
with which he is charged;
Considering, that the Defendant has been charged by the Public Prosecutor with an
alternative charge, namely the First Alternative charge of violating Article 323 paragraph (1)
in conjunction with Article 219 paragraph (1) of Law of the Republic of Indonesia No. 17 of
2008 concerning Shipping, the Second Alternative charge violates Article 317 in
conjunction with Article 193 Paragraph (1) of Law of the Republic of Indonesia No. 17 Year
2008 concerning Shipping;
Considering, that because the Public Prosecutor prepares the indictment in an
alternative way, this form of indictment gives the Panel of Judges the freedom to determine
and choose which indictment is suitable to be proven when connected with the legal facts
revealed in the trial of this case;
Considering, that by taking into account all the legal facts revealed at the trial, the
Panel of Judges chose to immediately consider the Second Alternative indictment as
regulated in Article 317 in conjunction with Article 193 Paragraph (1) of Law of the Republic
of Indonesia No. 17 Year 2008 concerning Shipping, the elements of which are as follows:
1. The “Captain” element;
2. The element of "not complying with provisions relating to traffic procedures, shipping
lanes, route systems, shipping areas for ship traffic and shipping navigation aids";
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of Indonesia
Considering, that regarding these elements the Panel of Judges considered the
following: Ad.l. The “Captain” element;
Considering, that according to Article 1 number 41 of Republic of Indonesia Law
Number 17 of 2008 concerning Shipping, it can be seen that the Captain is one of the
Ship's Crew who is the highest leader on the ship and has certain authority and
responsibilities in accordance with the provisions of statutory regulations;
Considering, that in this case the Public Prosecutor presented a Defendant who
claimed to be named PAK YONG BOK and who admitted his identity as stated in the
indictment;
Considering, that the Defendant in the name of PAK YONG BOK is the
Captain/Captain of the Ship with the name of the Ship MV. CH Belia with the South Korean
flag, which is a Bulk Carrier ship belonging to Chang Myung Shipping, Co., LTD Seoul
Korea, according to the Sailing Approval Letter (SPB)/ Port Clearance issued by
Singapore, is sailing from Singapore to the High Seas carrying 23 crew members. including
the captain consisting of 4 South Korean citizens and 19 Indonesian citizens;
Considering, that during the examination at trial, the Defendant PAK YONG BOK was
in good physical and mental health, and was able to hear and answer clearly every
question asked of him, the Defendant is deemed to be able to take responsibility for every
action he has made before the law;
Considering, therefore, the Judge is of the opinion that the 1st (first) element of
"Captain" has been fulfilled by the Defendant's actions;
Ad.2. The element of "not complying with provisions relating to traffic procedures,
shipping lanes, route systems, shipping areas for ship traffic and shipping
navigation aids";
Considering, that the elements mentioned above are alternative in nature so as to
provide freedom to prove them, if one of them is proven, then this element as a whole is
considered to have been proven;
Considering, that in accordance with the provisions of Article 191 of Law of the
Republic of Indonesia no. 17 Year 2008 concerning Shipping can be seen if the procedures
for traffic in waters are carried out based on the provisions of statutory regulations, while in
Chapter III of Law Number 6 Year 1996 concerning Indonesian Waters has regulated the
Right of Passage for Foreign Ships where in Part One Articles 11 to
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of Indonesia
Article 17 regulates putusan.mahkamahagung.go.id
the Right of Innocent Passage which can be briefly defined according to the opinion of Expert
Arie Afriansya, SH, MIL, Ph.D as a right of passage granted to foreign ships to pass through a coastal state's
territorial waters with certain restrictions or conditions, namely peaceful (peaceful ), continuous ( continuous ) and at a
constant speed ( expeditious ), then in Article 4 paragraph (4) Government Regulation Number 36 of 2002 concerning
the Rights and Obligations of Foreign Ships in Carrying out Right f Innocent Passage through Indonesian Waters it is
known that in carrying out Right of Innocennt Passage as intended in paragraph (1), paragraph (2), and paragraph
(3), foreign ships may not drop anchor, stop, go back and forth, unless this is necessary because of force majeure, or
disaster or because of helping people, ships or aircraft in a state of disaster;
Considering, that shipping lanes are waters which in terms of depth, width and are
free from other shipping obstacles are considered safe and secure for navigation, while
shipping navigation aids are equipment or systems located outside the ship which are
designed and operated to increase safety and efficiency to navigate ships and/or ship
traffic (see Article 1 number 45 and number 46 of Law of the Republic of Indonesia No. 17
Year 2008 concerning Shipping);
Considering, that based on legal facts it is known that the ship MV. CH Belia with the
South Korean flag was sailing from Chittagong Bangladesh on 03 January 2020 and
arrived in Singapore on 09 January 2020 at around 03.00 Singapore time, then on 09
January 2020 at around 21.00 Singapore time the MV CH Belia moved from Singapore to
High Seas corresponds to Port Clearance, then the captain sailed towards Est OPL. And
after passing OPL received a report from the ship's helmsman that there was damage to
the ship's rudder, after which the captain ordered the helmsman to reduce speed, and
Witness Kim Yo Deon as Engine master/Chief Engineer also reported that there was
indeed damage to the ship's rudder and Witness Kim Yo Deon suggested that it be
repaired first;
Considering, that on January 10 2020 at approximately 01.40 Singapore time the
Captain decided to anchor in waters unknown to the Captain at a position of 01° 22' 50" N-
104° 39' 70" E on the grounds that if the ship was forced to sail then it will
Disclaimer
of Indonesia
endanger shipping lanes, the captain and crew then carried out repairs to the ship's steering for approximately 4
(four) hours;
Considering, that on January 11 2020 at approximately 13.00 Singapore time, the
Indonesian Navy warship KRI Lemadang - 632 approached the Defendant's ship and
informed them via radio that they were requesting permission to carry out an inspection,
then the Defendant gave permission to the KRI Lemadang crew to board on board MV. CH
Belia and Navy officers said that the anchor coordinates of the Defendant's ship were in the
Indonesian Territorial Sea;
Considering, that there were as 4 (four) Navy officers who boarded the Defendant's
ship and checked the ship's documents, crew documents and shipping documents, then
took all the documents and took several of the Defendant's ship's crew, and then the
Defendant and the ship MV. CH Belia was asked to follow the KRI Lemadang ship to the
coordinates in Tanjung Uban Waters;
Considering, that when the KRI Lemadang came to carry out an inspection, the ship
was already in a repaired condition so that the time period for the Ship MV. CH Belia
anchored in rough waters at position 01° 22' 50" N- 104° 39' 70" E since January 10 2020
at approximately 01.40 WIT, which is approximately 1 (one) day or approximately 31 (three
twenty-one) hours until inspection by the Navy;
Considering, that in accordance with Expert Haka Andinantha's statement, in
essence it can be seen that after the expert carried out plotting activities at the coordinates
01° 22' 50” N- 104° 39' 70” E, where the Defendant carried out anchoring, it was
determined that the ship MV. CH Belia, with the South Korean flag, is in the Indonesian
Territorial Sea, precisely in the waters of Berakit Island, Bintan, approximately 9.8 NM from
Berakit Island;
Considering, according to the Panel of Judges, the Defendant's actions as Captain
of the MV. CH Belia in anchoring in the Indonesian Territorial Sea, precisely in the waters
of Berakit Island Bintan at coordinates 01° 22' 50” N- 104° 39' 70” E within 4 hours to carry
out ship repair actions due to the ship's engine/rudder experiencing damage can indeed be
categorized as a force majeure situation, however the Panel of Judges assessed the
Defendant's actions as Captain of the MV. CH Belia still chose to anchor in these waters for
approximately 1 (one) day or approximately 31 (thirty one) hours, namely from January 10
2020 at approximately 01.40 Singapore Time until
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of Indonesia
on January 11 2020putusan.mahkamahagung.go.id
at around 13.00 Singapore time despite the condition of the MV. the CH Belia has been
repaired, can be categorized as an action that does not comply with the provisions relating to traffic
procedures, this is because apart from the fact that the Captain never contacted one of the Indonesian Port
Authorities regarding the anchor, it should also be known that if there is a force majeure situation in the form of
engine damage/the ship's steering has been resolved then the ship MV. CH Belia with the South Korean flag, which
in fact is a foreign ship, is prohibited from anchoring in Indonesian waters;
Considering, therefore, the second (two) element, namely "not complying with
provisions relating to traffic procedures" has been fulfilled by the Defendant's actions;
Considering, that because all the elements of Article 317 in conjunction with Article
193 Paragraph (1) of Law of the Republic of Indonesia No. 17 Year 2008 concerning
Shipping has been fulfilled, then the Defendant must be declared legally and convincingly
guilty of committing the criminal act as charged in the Public Prosecutor's Second
Alternative indictment;
Considering, that during the trial, the Panel of Judges did not find anything that
could eliminate criminal liability, either as a justification or excuse, the Defendant must be
held accountable for his actions;
Considering, that because the Defendant is capable of taking responsibility, he
must be declared guilty and sentenced to a crime;
Considering, that in Article 317 in conjuction with Article 193 Paragraph (1) Law of
the Republic of Indonesia no. 17 Year 2008 concerning Shipping, apart from determining
the threat of imprisonment for a certain period of time which must be imposed on the
Defendant if he violates the provisions of this article, it has also determined cumulatively
the imposition of a fine which must also be applied to violations of this article, the Panel of
Judges will consider and apply it carefully, paying attention to all aspects that occur in the
trial and the sense of justice;
Considering, that based on the facts revealed at the trial, the Defendant's act of
anchoring in Indonesian territorial waters was due to the Defendant's ignorance that these
waters were Indonesian territory, and that on the other hand there has never been a verdict
by an Indonesian judge convicting the Defendant in a similar case, and considering the
weight of the Defendant's crime and the deep feeling of guilt within himself.
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The Defendant and the Defendant's position as Captain of the Ship MV. Ch Belia
with a crew of 23 people (including the Captain) who of course can only carry out shipping
activities if driven by the Defendant, according to the Panel of Judges it would not be fair to
impose a prison sentence on the Defendant which will also have an impact on the unclear
condition and fate of the crew, so the Defendant must be applied with a probation as
specified in Article 14 (a) of the Criminal Code;
Considering, that because the Defendant was not detained and in the
opinion of the Panel of Judges there was not sufficient reason to detain him, so
the Defendant was not detained;
Considering that the evidence submitted to the trial for further consideration is as
follows:
Considering, that the evidence in the form of:
1) Port Clearance
2) Crew List
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30) PNI Insurance
31) Hull Insurance
37) ITF(FKSU)
48) WATER TEST CERT
Based on the facts of the trial, the evidence belongs to Chang Myung Shipping, Co., LTD
Seoul Korea, was confiscated from the Defendant and has been presented and examined
to prove the criminal act at trial so that it is no longer needed in the evidentiary process and
has been confiscated based on the confiscation decision made valid, namely Determination
Page 27 of 31 Verdict Number 77/ Pid. Sus/2020/PN Tpg
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of Indonesia
Number: 46/ Pen.Pid.Sus/ 2020/ PN Tpg dated 31 January 2020, then based on Article 46
of Law Number 8 of 1981 concerning Criminal Procedure Law, it is reasonable for the
evidence to be returned to its owner through the Defendant;
Considering, that in order to impose a crime against the Defendant, it is necessary
to first consider the aggravating and mitigating circumstances of the Defendant;
Aggravating circumstances:
The Defendant's actions disturbed the community;
The Defendant's actions endangered shipping safety;
Mitigating circumstances:
The defendant behaves politely and cooperatively so that the trial runs smoothly;
The defendant regretted all his actions and promised not to repeat his actions again;
Considering, that the purpose of punishment is not retaliation but rather guidance for
the Defendant who has made a mistake so that it is hoped that he will be able to return to
society after being able to correct his mistake so that the Panel of Judges will impose a
sentence deemed commensurate with the Defendant's actions;
Considering, that because the defendant was found guilty and sentenced to a crime,
then based on Article 222 of the Criminal Procedure Code the defendant must also be
burdened with paying court costs;
Paying attention to Article 317 in conjunction with Article 193 Paragraph (1) of Law
of the Republic of Indonesia no. 17 Year 2008 concerning Shipping, Law Number 8 Year
1981 concerning Criminal Procedure Law, as well as other statutory regulations relating to
this case;
JUDGE
1. Declare that the Defendant Pak Yong Bok with the identity as mentioned above has
been legally and convincingly proven guilty of committing the crime of "Captain who did
not comply with the provisions of traffic procedures, shipping lanes and route systems"
as stated in the Public Prosecutor's Second Alternative Indictment;
2. Sentences the Defendant to imprisonment for 4 (four) months, with the provisions that
the Defendant does not need to carry out the sentence except during a probationary
period of 6 (six)
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months, the Defendant is proven guilty of committing a criminal offense based on a
Court Verdict that has permanent legal force;
3. Imposing a fine on the Defendant in the amount of IDR 100,000,000 (One Hundred
Million Rupiah) with the provision that if the fine is not paid, it will be replaced by
imprisonment for 3 (three) months;
4. Order that evidence in the form of:
1) Port Clearance
2) Crew List
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30) PNI Insurance
31) Hull Insurance
37) ITF(FKSU)
48) WATER TEST CERT
Returned to its rightful owner through the Defendant;
5. Burden the Defendant to pay court costs of IDR 5,000,- (five thousand
rupiah).-;
This was decided at the Deliberative Meeting of the Panel of Judges at the
Tanjungpinang District Court on Monday, April 6 2020 by us: Admiral, S.H, M.H., as Chief
Judge, Guntur Kurniawan, S.H., and Jhonson FE Sirait, S.H., each as Member Judge, the
verdict was pronounced in a hearing open to the public on the same day by the Chief
Judge accompanied by the Member Judges, assisted by Marni Haiti, SH Substitute
Registrar at the Tanjungpinang District Court, and attended by Okky Fathoni Nugraha,
S.H., Public Prosecutor
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at the Bintan District Prosecutor's Office and the presence of the Defendant accompanied
by his Interpreter;
MEMBER JUDGES, CHIEF JUDGE,
GUNTUR KURNIAWAN, SH ADMIRAL, SH, MH

JHONSON FE SIRAIT, SH
SUBSTITUTE REGISTER,
MARNI HAFTI, SH.
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Directory Verdict of the Supreme Court of the Republic

FOR THE SAKE OF JUSTICE BASED ON THE ALMIGHTY GOD

The defendant in this case was not detained;

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MEMBER JUDGES, CHIEF JUDGE,

GUNTUR KURNIAWAN, SH ADMIRAL, SH, MH

MARNI HAFTI, SH.

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