YURISDIKSI UNIVERSAL PENEGAKAN HUKUM TERHADAP PEMBAJAKAN KAPAL SAFMARINE ASIA

Abstract

This legal research aims to identify and assess universal jurisdiction for piracy of the Safmarine Asia vessels. This research is a normative research viewed from prescriptive characteristic by statute and case approach, and uses primary and secondary legal materials through library research, and analyzed as syllogism. The result shows the law enforcement towards piracy on “Safmarine Asia” committed on the high seas by Somali pirates, under the doctrine of universal jurisdiction through national court of Kenya, in accordance with Convention on the High Seas (CHS) 1958, United Nations Convention on the Law of the Sea (UNCLOS) 1982, Convention for the Suppression of Unlawful Acts of Violence Against the Safety of Maritime Navigation 1988 (SUA) 1988, and United Nations Security Council Resolutions. In addition, Kenyan jurisdiction was also fall under Memorandum of Understanding (MoU) between the Government of Kenya and European Union concerning the transfer of persons suspected of having committed acts of piracy and prosecution also trial of transferred persons.