Article 174 of the Indonesian Penal Code
Article 174 of the Indonesian Penal Code (KUHP) provides:
“A vessel is any watercraft, regardless of its form or type, propelled by mechanical power, wind power, or towing, including dynamically supported craft, submersible vehicles, as well as floating devices and permanently moored floating structures.”
The Definition of a Vessel Under Article 174 of the Penal Code
Article 174 of the Indonesian Penal Code establishes a legal definition of a vessel as an object of significance within the sphere of criminal law, particularly in relation to navigation, maritime transportation, maritime safety, and criminal offences committed within territorial waters and other aquatic environments.
Pursuant to this provision, a vessel encompasses any form of watercraft, irrespective of its design or classification, whether propelled by mechanical means, wind power, or through towing by another craft. This formulation demonstrates the legislature’s intention to adopt an expansive and technologically neutral definition, one that extends far beyond the conventional notion of a seagoing ship.
In Dutch legal terminology, a vessel is commonly referred to as schip or vaartuig, whereas in English legal usage the corresponding terms include ship, vessel, and watercraft. Among these, the term vessel possesses the broadest legal scope, encompassing virtually all means of transportation and operation upon water.
Scope of the Definition Under Article 174
Article 174 does not merely encompass vessels traditionally recognised by the public. Rather, it extends to a wide range of maritime structures and facilities that perform maritime functions. Consequently, the concept of a vessel within Indonesian criminal law must be interpreted broadly and functionally.
Mechanically Propelled Vessels
Mechanically propelled vessels are watercraft powered by engines or other forms of mechanical propulsion. This category includes passenger ships, ferries, tankers, container ships, patrol vessels, and numerous other modern maritime conveyances whose primary source of propulsion is mechanical power.
Sailing Vessels
Watercraft propelled by wind power likewise fall within the statutory definition of a vessel. Examples include traditional sailing boats, sailing yachts, and vessels employed for recreational, sporting, or tourism-related purposes.
Towed Vessels
The provision also encompasses watercraft that do not possess independent propulsion systems and instead move by being towed by another vessel. Typical examples include barges and pontoons used in cargo transportation or maritime construction projects.
Dynamically Supported Craft
The legal definition further extends to watercraft that derive lift or support through specialised technological mechanisms while in operation. Well-known examples include hovercraft and hydrofoils, both of which operate according to principles distinct from those governing conventional vessels.
Submersible Vehicles
Within the meaning of Article 174, the term vessel also includes vehicles operating beneath the surface of the water. This category encompasses military submarines, research submarines, and crewed underwater vehicles utilised for exploration, scientific research, and other specialised purposes.
Floating Devices and Floating Structures
Notably, Article 174 extends the definition of a vessel to include floating devices and permanently moored floating structures that do not ordinarily navigate from one location to another. Examples include floating houses, floating docks, floating hotels, and offshore drilling facilities situated upon floating platforms.
The Legal Significance of the Broad Definition
The broad formulation adopted in Article 174 is intended to prevent legal lacunae and regulatory gaps in the enforcement of maritime criminal law. By employing a comprehensive definition, the legislature ensures that diverse forms of maritime infrastructure and waterborne facilities receive equal legal protection and may constitute the object of criminal offences where the statutory elements of an offence are satisfied.
This approach reflects what legal doctrine commonly describes as functional interpretation, namely a method of legal construction that places emphasis upon the function, purpose, and practical use of an object rather than its physical characteristics alone.
Practical Applications
Theft from a Barge
An individual unlawfully removes navigational equipment from a barge being towed by a tugboat. Although the barge lacks its own propulsion system, it nevertheless falls within the statutory definition of a vessel under Article 174 and therefore remains subject to the legal protections afforded to maritime objects.
Sabotage of a Research Submarine
An offender intentionally damages the navigation system of a research submarine owned by a state institution. Since a submarine constitutes a submersible vehicle and is legally recognised as a vessel, the conduct may give rise to criminal liability associated with offences against maritime property and safety.
Criminal Offences Involving a Floating Hotel
An act of embezzlement occurs within a floating hotel operating permanently in territorial waters. Although the structure primarily serves commercial and accommodation purposes, it remains legally classified as a vessel under Article 174, thereby bringing it within the scope of relevant maritime criminal provisions.
Related Legal Principles
The Principle of Legal Certainty (Rechtszekerheid)
A clear and comprehensive definition of a vessel provides legal certainty regarding the objects subject to maritime criminal law and related regulatory frameworks.
The Principle of Legality (Legaliteitsbeginsel)
No act may be punished unless it has been clearly prescribed by law, including the legal identification of the object protected by the relevant criminal provisions.
The Principle of Protection of Legal Interests (Rechtsbeschermingsbeginsel)
Criminal law seeks to safeguard maritime navigation, transportation security, public safety, and the broader societal interests dependent upon maritime activities.
The Principle of Functional Interpretation
The legal status of an object is determined not merely by its physical characteristics but by its function and role within maritime operations and activities conducted in aquatic environments.
The Principle of Maritime Safety and Security
All facilities, structures, and conveyances operating within the maritime domain are entitled to legal protection in order to preserve human safety, property, navigation, and the marine environment.
Conclusion
Article 174 of the Indonesian Penal Code adopts an exceptionally broad definition of a vessel, encompassing watercraft, submersible vehicles, floating devices, and even permanently moored floating structures. This legislative approach demonstrates that Indonesian criminal law does not regard a vessel solely as a means of maritime transportation, but rather as any object performing a maritime function and capable of becoming either the subject of legal protection or the object of criminal conduct within aquatic environments.
Accordingly, the concept of a vessel under the Penal Code must be interpreted in a functional, comprehensive, and technologically adaptive manner, consistent with the continuing evolution of maritime technology and contemporary maritime activities.
