Legal Analysis of Alleged Corruption in Vessel Services within State-Owned Port Service Enterprises

Faisal Risnandi(1), Fatin Hamamah(2email), Walim Walim(3)


(1) Faculty of Law, Universitas 17 Agustus 1945 Cirebon, Cirebon, Indonesia
(2) Faculty of Law, Universitas 17 Agustus 1945 Cirebon, Cirebon, Indonesia orcid
(3) Faculty of Law, Universitas 17 Agustus 1945 Cirebon, Cirebon, Indonesia
email Corresponding Author
CrossMark

Abstract


Introduction: This article examines the alleged corruption in tugboat service operations at Pangkalbalam Port between 2020 and 2022. The issue emerged from several vessels that were not charged tugboat service fees, raising suspicions of potential state losses. The case became a legal concern because service exemptions in state-owned port enterprises must comply strictly with national maritime regulations.

Purposes of the Research: The purpose of this study is to conduct a juridical analysis of whether the absence of tugboat service charges constitutes a corruption offense under Indonesian anti-corruption law. This research further seeks to clarify the legal classification of vessels subject to mandatory tug services and evaluate the regulatory compliance of port operators in determining service obligations.

Methods of the Research: This study applies a normative juridical method using statutory, case, and jurisprudential approaches. Data sources include case files, maritime transport laws, Ministerial Regulations on pilotage and towage services, internal tariff policies of PT Pelindo, and relevant court decisions. These legal materials are analyzed systematically to determine whether all elements of corruption and state financial loss are fulfilled based on applicable legislation.

Findings of the Research: The findings prove that the vessels exempted from tugboat service charges were legally categorized as non-mandatory tug vessels under Law Number 17/2008, Ministerial Regulation PM 57/2015, and PT Pelindo’s tariff policies. No elements of abuse of authority, illicit enrichment, or state financial loss were found; therefore, the case could not proceed to prosecution. This research offers novelty by clarifying vessel-classification mechanisms and recommending improved regulatory understanding for port operators.

Keywords


Corruption; Tugboat Services; Port; Vessel Services; Internal Investigation.


DOI


10.47268/tatohi.v5i11.3607

Published


2026-01-31

How To Cite


APA: Risnandi, F., Hamamah, F., & Walim, W. (2026). Legal Analysis of Alleged Corruption in Vessel Services within State-Owned Port Service Enterprises. TATOHI: Jurnal Ilmu Hukum, 5(11), 529-535. DOI: https://doi.org/10.47268/tatohi.v5i11.3607.
IEEE: F. Risnandi, F. Hamamah, and W. Walim, "Legal Analysis of Alleged Corruption in Vessel Services within State-Owned Port Service Enterprises", TATOHI J. Ilmu Huk., vol. 5, no. 11, pp. 529-535, Jan. 2026. Accessed on: Feb. 9, 2026. [Online]. Available DOI: https://doi.org/10.47268/tatohi.v5i11.3607
Harvard: Risnandi, F., Hamamah, F., and Walim, W., (2026). "Legal Analysis of Alleged Corruption in Vessel Services within State-Owned Port Service Enterprises". TATOHI: Jurnal Ilmu Hukum, Volume 5(11), pp. 529-535. [Online]. Available DOI: https://doi.org/10.47268/tatohi.v5i11.3607 (Accessed on: 9 February 2026)
Chicago: Risnandi, Faisal, Fatin Hamamah, and Walim Walim. "Legal Analysis of Alleged Corruption in Vessel Services within State-Owned Port Service Enterprises." TATOHI: Jurnal Ilmu Hukum 5, no. 11 (January 31, 2026): 529-535. Accessed February 9, 2026. doi:10.47268/tatohi.v5i11.3607
Vancouver: Risnandi F, Hamamah F, Walim W. Legal Analysis of Alleged Corruption in Vessel Services within State-Owned Port Service Enterprises. TATOHI J. Ilmu Huk. [Internet]. 2026 Jan 31 [cited 2026 Feb 9];5(11):529-535. Available from: https://doi.org/10.47268/tatohi.v5i11.3607
MLA 8th: Risnandi, Faisal, Fatin Hamamah, and Walim Walim. "Legal Analysis of Alleged Corruption in Vessel Services within State-Owned Port Service Enterprises." TATOHI: Jurnal Ilmu Hukum, vol. 5, no. 11, 31 Jan. 2026, pp. 529-535, doi:10.47268/tatohi.v5i11.3607. Accessed 9 Feb. 2026.
BibTeX:
@article{TATOHI3607,
		author = {Faisal Risnandi and Fatin Hamamah and Walim Walim},
		title = {Legal Analysis of Alleged Corruption in Vessel Services within State-Owned Port Service Enterprises},
		journal = {TATOHI: Jurnal Ilmu Hukum},
		volume = {5},
		number = {11},
		year = {2026},
		keywords = {Corruption; Tugboat Services; Port; Vessel Services; Internal Investigation.},
		abstract = {Introduction: This article examines the alleged corruption in tugboat service operations at Pangkalbalam Port between 2020 and 2022. The issue emerged from several vessels that were not charged tugboat service fees, raising suspicions of potential state losses. The case became a legal concern because service exemptions in state-owned port enterprises must comply strictly with national maritime regulations.Purposes of the Research: The purpose of this study is to conduct a juridical analysis of whether the absence of tugboat service charges constitutes a corruption offense under Indonesian anti-corruption law. This research further seeks to clarify the legal classification of vessels subject to mandatory tug services and evaluate the regulatory compliance of port operators in determining service obligations.Methods of the Research: This study applies a normative juridical method using statutory, case, and jurisprudential approaches. Data sources include case files, maritime transport laws, Ministerial Regulations on pilotage and towage services, internal tariff policies of PT Pelindo, and relevant court decisions. These legal materials are analyzed systematically to determine whether all elements of corruption and state financial loss are fulfilled based on applicable legislation.Findings of the Research: The findings prove that the vessels exempted from tugboat service charges were legally categorized as non-mandatory tug vessels under Law Number 17/2008, Ministerial Regulation PM 57/2015, and PT Pelindo’s tariff policies. No elements of abuse of authority, illicit enrichment, or state financial loss were found; therefore, the case could not proceed to prosecution. This research offers novelty by clarifying vessel-classification mechanisms and recommending improved regulatory understanding for port operators.},
				issn = {2775-619X},		pages = {529--535}			doi = {10.47268/tatohi.v5i11.3607},
				url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3607}
		}
		
RefWorks:

   


Andi Hamzah, Korupsi di Sektor Publik dan BUMN, Jakarta: Sinar Grafika, 2019.

Anggraini, Governance and Corruption Risks in SOEs, 2013.

Bambang Sunggono, Metodologi Penelitian Hukum, Jakarta: Rajawali Press, 2014.

Bismar Nasution, Hukum Keuangan Negara dan BUMN, Jakarta: Kencana, 2020.

Indonesian Government Procurement Regulations, including Presidential Regulation Number 16/2018 as amended by Presidential Regulation Number 12/2021.

Johnny Ibrahim, Teori & Metodologi Penelitian Hukum Normatif, Malang: Bayumedia, 2006.

Laporan Hasil Pemeriksaan Internal PT Pelindo Pangkalbalam 2023, Bagian Temuan Potensi Kerugian.

Peter Mahmud Marzuki, Penelitian Hukum, Jakarta: Kencana, 2017.

Previous case studies on corruption in port service operations, documented across Indonesian maritime governance literature.

Romadon, State-Owned Enterprises and Public Service Obligations, academic opinion cited in various SOE governance studies.

Satjipto Rahardjo, Ilmu Hukum, Bandung: Citra Aditya Bakti, 2006.

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Surat Pemberitahuan Penghentian Penyidikan (SP3), Kejaksaan Negeri Pangkalpinang, 2023.

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Dublin Core PKP Metadata Items Metadata for this Document
 
1. Title Title of document Legal Analysis of Alleged Corruption in Vessel Services within State-Owned Port Service Enterprises
 
2. Creator Author's name, affiliation, country Faisal Risnandi; Faculty of Law, Universitas 17 Agustus 1945 Cirebon, Cirebon; Indonesia
 
2. Creator Author's name, affiliation, country Fatin Hamamah; Faculty of Law, Universitas 17 Agustus 1945 Cirebon, Cirebon; Indonesia orcid
 
2. Creator Author's name, affiliation, country Walim Walim; Faculty of Law, Universitas 17 Agustus 1945 Cirebon, Cirebon; Indonesia
 
3. Subject Discipline(s)
 
3. Subject Keyword(s) Corruption; Tugboat Services; Port; Vessel Services; Internal Investigation.
 
4. Description Abstract Introduction: This article examines the alleged corruption in tugboat service operations at Pangkalbalam Port between 2020 and 2022. The issue emerged from several vessels that were not charged tugboat service fees, raising suspicions of potential state losses. The case became a legal concern because service exemptions in state-owned port enterprises must comply strictly with national maritime regulations.Purposes of the Research: The purpose of this study is to conduct a juridical analysis of whether the absence of tugboat service charges constitutes a corruption offense under Indonesian anti-corruption law. This research further seeks to clarify the legal classification of vessels subject to mandatory tug services and evaluate the regulatory compliance of port operators in determining service obligations.Methods of the Research: This study applies a normative juridical method using statutory, case, and jurisprudential approaches. Data sources include case files, maritime transport laws, Ministerial Regulations on pilotage and towage services, internal tariff policies of PT Pelindo, and relevant court decisions. These legal materials are analyzed systematically to determine whether all elements of corruption and state financial loss are fulfilled based on applicable legislation.Findings of the Research: The findings prove that the vessels exempted from tugboat service charges were legally categorized as non-mandatory tug vessels under Law Number 17/2008, Ministerial Regulation PM 57/2015, and PT Pelindo’s tariff policies. No elements of abuse of authority, illicit enrichment, or state financial loss were found; therefore, the case could not proceed to prosecution. This research offers novelty by clarifying vessel-classification mechanisms and recommending improved regulatory understanding for port operators.
 
5. Publisher Organizing agency, location Faculty of Law, Universitas Pattimura
 
6. Contributor Sponsor(s)
 
7. Date (YYYY-MM-DD) 2026-01-31
 
8. Type Status & genre Peer-reviewed Article
 
8. Type Type
 
9. Format File format PDF
 
10. Identifier Uniform Resource Identifier https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3607
 
10. Identifier Digital Object Identifier 10.47268/tatohi.v5i11.3607
 
11. Source Title; vol., no. (year) TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 11, January 2026
 
12. Language English=en en
 
13. Relation Supp. Files
 
14. Coverage Geo-spatial location, chronological period, research sample (gender, age, etc.)
 
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