JURIDICAL ANALYSIS OF THE NATIONAL PORT ORDER TO REALIZE THE SOVEREIGNTY OF THE NATION AND STATE IN THE CLASS I TANJUNG UBAN PORT OPERATOR UNIT

Law

Public service is defined as the provision of services the needs of people or communities who have an interest in the organization in accordance with the basic rules and procedures that have been set. In Law Number 25 of 2009 concerning public services, the community has the right to get quality services in accordance with the principles and objectives of service. The port as one of the elements in the operation of shipping has a very important and strategic role so that its operation is controlled by the state and its development is carried out by the Government in order to support, mobilize, and encourage the achievement of national goals, and strengthen national resilience. Port development carried out by the Government includes aspects of regulation, control, and supervision. Regulatory aspects include the formulation and determination of general and technical operational policies. The control aspect includes providing guidance in the construction and operation of ports. Meanwhile, the aspect of supervision is carried out in the operation of ports. The handover of local port management to the local government as is done is still an operational handover, because for the delivery of personnel, equipment, financing and documents or known as P3D, the administrative settlement is simultaneously being processed. Meanwhile, the institutional shipping safety function cannot be delegated to the local government. This is because the safety function is mandatory from the International Maritime Organization (IMO) which must be carried out by the central government in this case the Directorate General of Sea Transportation.

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