Appendix 4.47 (En)

Director ·Verdict of the Supreme Court of the Republic
of Indonesia
putusan.mahkamahagung.go.id Pid.l.A.3
VERDICT
Number 472/Pid.B/2020/PN Btm
FOR THE SAKE OF JUSTICE BASED ON THE ALMIGHTY GOD

The Batam District Court, which tries criminal cases using ordinary
examination procedures at the first instance, handed down the following verdict
in the Defendant's case:
1. Full name Herman Bin Sarafuddin

2. Place of birth Buton
3. Age/Date of birth 38 Years / 5 August 1980
4. Gender Male
5. Nationality Indonesia
6. Residence Dapur Dua Belas RT04 RW.09 Sub-district Sei
Pelunggut, Sagulung District, Batam City
7. Religion Islam
8. Occupation Sailor (Captain of KM. BIMA NUSANTARA)
The defendant was not detained:;

The defendant represents himself;
the District Court;

After reading:
Determination of the Chairman of the Batam District Court Number
472/Pid.B/2020/PN Btm dated 30 June 2020 concerning the appointment of
the Panel of Judges;
Determination of the Panel of Judges Number 472/Pid.B/2020/PN Btm
dated 30 June 2020 concerning the determination of the trial day;
Case files and other relevant documents;
After hearing the statements of the witnesses and the defendant and
paying attention to the evidence presented at the trial;
After hearing the reading of the criminal charges submitted by the Public
Prosecutor which in essence is as follows:
1. Declares the defendant LA ODE ISHAJI guilty of committing the
criminal act "Captain who does not comply with the provisions relating to
the route system" As charged to the defendant, namely in violating
Article 317 in conjunction with Article 193 paragraph (1) Letter c of the
Law of the Republic of Indonesia Number 17 Year 2008 concerning
Shipping;
Page 1 of 15 Verdict Number 472/Pid.B/2020/PN Btm
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2. Sentencing the defendant HERMAN Bin
SARAFUDDIN with imprisonment for 3 (three) months with a probation
period of 6 (six) months and a fine of IDR 5,000,000,- (five million rupiah)
subsidiary 1 (one) month in prison;
3. Stating evidence in the form of:
1 (one) unit Ship KM. Bima Nusantara and its equipment and
cargo;
8 (eight) crew members' passports;
1 (one) Portable AIS ;
Ship documents including:
1 (one) of Clearance No. E48508;
1 (one) Cargo Clearance Permit No.
OOOC621938S;
1 (one) Large Pass No.
PK.205/02/6/KSOP.Baa-2019 dated 6 November 2019;
1 (one) Domestic Measurement Letter No.
511/Baa dated 6 November 2019;
1 (one) Freight Ship Radio Safety Certificate
No. PK.102/4/7/KSOP/.Baa-19 dated 6 November 2019;
1 (one) Freight Ship Equipment Safety
Certificate No.PK.102/4/9/KSOP.Baa-2019 dated 6 November
2019;
1 (one) Safety Certificate
Construction of Ships - Goods Ships No. PK/001/06/KSOP.Baa-
2019 dated 6 November 2019;
1 (one) National Temporary Shiploading
Certificate No.AL.504/8/ll/KSOP-Baa-2109 dated 6 November
2019;
Returned to the defendant HERMAN Bin SARAFUDDIN;
4. Determine that the defendant pay court costs of IDR 5,000,- (five
thousand rupiah);
After hearing the Defendant's plea which in essence stated their request
for leniency;
After hearing the Public Prosecutor's response to the Defendant's plea,
which in essence stated that he stays with his claims, and the Defendant
remained with his plea;
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Considering, that the Defendant was submitted to trial by the Public
Prosecutor and was charged based on the following indictment:
That the defendant HERMAN Bin SARAFUDDIN as Captain of KM.

BIMA NUSANTARA on Saturday 28 March 2020 at around 23.00 WIB or at least
at some time in March 2020, located in the waters of the Indonesian Territory of
Nipa Island or at coordinates 01° 06’ 59” N - 103° 38’ 25” E or at least at a place
in the jurisdiction of the Batam District Court, which has the authority to examine
and try the case, "Captain who does not comply with the provisions relating
to the route system" committed by the defendant at the time and place
mentioned above in the following manner:
-That starting on Friday 27 March 2020 at approximately 06.00 WIB, Ship
KM. Shaki Pratama and Ship KM. Bima Nusantara departed from
Pelabuhan Rakyat Tanjung Riau with the destination of Jurong Port,
Singapore. Upon arrival at Jurong Port, the defendant immediately loaded
cargo of 800 (eight hundred) boxes of cigarettes. After completing the
loading of 800 (eight hundred) boxes of cigarettes, on Saturday 28 March
2020 at approximately 17.00 WIB Ship KM. Bima Nusantara departed
from Jurong Port to the waters of Pulau Dua Singapore to carry out
immigration checks. After completing the immigration inspection, the Ship
KM. Bima Nusantara continued its journey to Port Klang Malaysia. Then
on the way at around 20.30 WIB the Ship KM. Bima Nusantara sailed
towards the waters of Nipa Island or at position 01° 06' 59" N - 103° 38'
25" E in the Indonesian territorial area. Then when the Ship KM. Bima
Nusantara was about to continue its journey, KAL Nipa 1-4-57 suddenly
carried out an inspection of the KM ship. Bima Nusantara After examining
the ship's documents, cargo documents and crew member documents, it
was determined that the Ship KM. Bima Nusantara did not sail in
accordance with the route system that has been determined based on
Port Clearance from the Jurong Port Authority of Singapore;
-That the defendant as the captain of the Ship KM. Bima Nusantara, which
was sailing in the waters of Nipa Island or at position 01° 06' 59” N - 103°
38' 25 ” T in the Indonesian territorial region, has violated the route system
where Port Clearance from the Singapore Jurong Port Authority to Port
Klang Malaysia;
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-That after that the defendant and the Ship KM. Bima Nusantara was taken
to the Lanal Batam office for further investigation;
That the defendant's actions violated Article 317 in conjunction with Article
193 paragraph (1) Letter c of the Law of the Republic of Indonesia Number 17 Year
2008 concerning Shipping.
Considering, that to the Public Prosecutor's indictment, the Defendant did
not raise any objections;
Considering, that to prove its indictment the Public Prosecutor has
presented the following witnesses:
1. Subedi, under oath, explained in essence as follows:
That the witness has given information to the police investigator and
that the information that the witness gave is true;
That the witness and his fellow witnesses arrested the ship KM
Bima Nusantara on Saturday 28 March 2020 at around 23.00 WIB in the
waters of Nipa Island, Indonesian territory or at the position 01° 06' 59" N -
103° 38' 25" E;
That the KM Bima Nusantara ship was a wooden cargo ship, with
an Indonesian flag, with a crew of 8 (eight) people, including the Defendant
as the captain, which contains 800 (eight hundred) boxes of Luftman brand
cigarettes;
That when an inspection of the ship's documents, cargo documents
and crew documents was carried out, it was found that the ship KM Bima
Nusantara Berlayar did not comply with the Route system that had been
determined based on Port Clearance from the Singapore Jurong Port
Authority;
Regarding the witness's statement, the Defendant gave a
confirming opinion and did not object;
2. Muhammad Imron, under oath, explained in essence as follows:
That the witness and witness's colleague detained the ship KM
Bima Nusantara on Saturday 28 March 2020 at around 23.00 WIB in the
waters of Nipa Island, Indonesian territory or at the position 01° 06' 59 ”N -
103° 38' 25” E;
That the KM Bima Nusantara ship was a wooden cargo ship, with
an Indonesian flag, with a crew of 8 (eight) people, including the Defendant
as the captain, which contains 800 (eight hundred) boxes of Luftman brand
cigarettes;
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That when an inspection of the ship's documents, cargo documents

and crew documents was carried out, it was found that the ship KM Bima
Nusantara Berlayar did not comply with the Route system that had been
determined based on Port Clearance from the Singapore Jurong Port
Authority;
3. Verry Sapri, under oath, explained in essence as follows:
That the ship KM Bima Nusantara was inspected and detained on
Saturday 28 March 2020 at around 23.00 WIT in the waters of Nipa Island,
Indonesian territory or at the position 01° 06' 59" N - 103° 38' 25" E;
That the witness is crew member of the KM. Bima Nusantara who is
in charge of cleaning the ship, helping with loading and unloading, helping
with cooking, helping cover the cargo using tarpaulin and as a recipient of
ropes when sailing and anchoring;
That the ship KM Bima Nusantara was captained by the Defendant
and departed from the Pelabuhan Rakyat Tanjung Riau dock together with
KM. Shaki Pratama and was bound for Jurong Port Singapore without cargo,
and then at Jurong Port Singapore, the ship KM Bima Nusantara was loaded
with 800 (eight hundred) boxes of Luftman brand cigarettes which were
planned to be delivered to Port Klang Malaysia and when the voyage had
only been running for 3 hours, KM. Bima Nusantara to contact KM. Shaki
Pratama via radio informing that there had been damage to the machinery,
and to prevent the ship from drifting, KM. Bima Nusantara asked for help
from KM. Shaki Pratama to tow KM. Bima Nusantara to the waters of Nipa
Island to carry out repairs. When approaching Nipa Island, the ship KM Bima
Nusantara met the Indonesian Navy patrol ship Kai Nipa. By Kai Nipa the
ship was inspected and then directed to the Posal Nipa pier for further
inspection;
That the witness never asked about the completeness of the ship's
documents because it was not the witness's duty;
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4. La Hardi alias Ardi, under oath, in essence explained as follows:

That the Ship KM. Bima Nusantara with a type of wooden cargo
was caught on Saturday 28 March 2020 at around 23.00 WIT in the waters
of Nipa Island Territorial Indonesia or at position 01° 06' 59" N - 103° 38' 25"
E;
That the Ship KM. The Bima Nusantara belonged to the witness
which the witness bought from Hardiansyah in January 2019 for IDR
300,000,000 (three hundred million rupiah);
That the witness knew that the ship had been arrested after the
witness received information from the defendant, who was the captain of the
ship, who told him that the ship KM. Bima Nusantara has been captured by
the Indonesian Navy Patrol;
That the Ship KM. Bima Nusantara was arrested because it was
found that he was sailing not according to the route and this happened
because of the ship KM. Bima Nusantara suffered damage to the ship KM.
Bima Nusantara asked the ship KM for help. Shaki Pratama to tow it to safe
waters while carrying out repairs and after carrying out repairs, the Ship KM.
Shaki Pratama and Ship KM. Bima Nusantara will continue sailing but was
be checked by KAL Nipa 1-4-57;
That the Ship KM. Bima Nusantara and the ship KM. Shaki Pratama
departs from the port of Tanjung Riau Batam to Singapore to carry out cargo
loading, then the cargo will be delivered to the port of Port Klang Malaysia;
Whereas as a ship owner, the witness always completes and
updates the completeness of the ship's documents including other
supporting equipment including navigation equipment, and each ship is
equipped with GPS, radio communication, Portable AIS, compass, and
safety equipment such as Life Buoy and Life Jacket;
5. La Ode Ishaji, which was read in court, was essentially as follows:
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That the Ship KM. Shaki Pratama with a wooden cargo was caught
on Saturday 28 March 2020 at around 23.00 WIT in the waters of Nipa
Island Territorial Indonesia or at position 01° 06' 59" N - 103° 38' 25" E;
That the number of crew members of the Ship KM. Shaki Pratama
numbered 8 (eight) people including witnesses and that the witness was the
captain of the KM ship. Shaki Pratama who was tasked with checking the
completeness of documents and crew documents, processing ship
movements including driving the ship while sailing, managing cargo and
taking full responsibility for all ongoing activities on board the ship;
That the witness sailed using a 60 Mile Proficiency Certificate from
the Director General of Sea Transportation, and before sailing the witness
always checked the completeness of the ship's documents, crew documents
and cargo documents, and that the ship KM. Shaki Pratama sailed equipped
with Port Clearance from the Singapore port authority with destination Port
Klang Malaysia;
That the Ship KM. Shaki Pratama was detained because it had
sailed outside the route determined by Port Clearance, where previously the
Ship KM. Shaki Pratama sailed from the port of Tanjung Riau bound for
Jurong Port Singapore with zero cargo, and upon arrival at Jurong Port
Singapore the Ship KM. Shaki Pratama performed cargo loading, namely
800 (eight hundred) boxes of Luftman brand cigarettes and that the cargo
will be delivered to Port Klang Malaysia;
That the Ship KM. Shaki Pratama sailed off the route because it
received a call via radio from KM. Bima Nusantara that needed help because
it suffered damage to its machinery and to avoid being swept away therefore
the Ship KM. Shaki Pratama towed KM. Bima Nusantara to Nipa Island
waters to carry out repairs;
Considering, that the Defendant at the trial has provided information which
in essence is as follows:
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That the Defendant has given information to police investigators
and the information the Defendant gave is true;
That the Ship KM. Bima Nusantara was detained on Saturday 28
March 2020 at around 23.00 WIB in the waters of Nipa Island, Indonesian
territory or at position 01° 06' 59” N -103° 38' 25” E;
That the Defendant is the Captain of the ship KM Bima Nusantara
whose duty is to check the completeness of the ship's documents and crew
documents, process the movement of the ship including driving the ship
during sail, manage the cargo and take full responsibility for all ongoing
activities on board the ship including the readiness and safety of the ship,
crew ships, ship documents and cargo on board;
That the Defendant as Captain has a 60 Mile Certificate of
Proficiency from the Director General of Sea Transportation and before
sailing the Defendant always checks the completeness of the ship's
documents, crew documents and cargo documents, and that the ship KM.
Bima Nusantara sailed equipped with Port Clearance from the Singapore
port authority with destination Port Klang Malaysia;
That the number of crew members of the Ship KM. Bima Nusantara
numbered 8 (eight) people including the Defendant;
That the Ship KM. Bima Nusantara was detained because it sailed
outside the route determined by Port Clearance, where previously the Ship
KM. Bima Nusantara sailed from the port of Tanjung Riau to Jurong Port
Singapore with zero cargo, and upon arrival at Jurong Port Singapore the
Ship KM. Shaki Pratama performed cargo loading, namely 800 (eight
hundred) boxes of Luftman brand cigarettes and that the cargo will be
delivered to Port Klang Malaysia;
That the Ship KM. Bima Nusantara sailed out of route because the
Ship KM. Bima Nusatara suffered damage and therefore KM. Bima
Nusantara to contact KM. Shaki Pratama via radio informing that there had
been damage to the machinery and to avoid the ship being swept away, KM.
Bima Nusantara asked for help from KM. Shaki Pratama to tow KM. Bima
Nusantara to Nipa Island waters to carry out repairs;
That the Defendant admits guilt and regrets his actions;
Considering, that the Public Prosecutor presented evidence as
follows:
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1. 1 (one) unit Ship KM. Bima Nusantara and its equipment;
2. 8 (eight) crew members' passports;
3. 1 (one) Portable AIS ;
4. 800 (eight hundred) boxes of Luftman brand cigarettes;
5. Ship documents including:
1 (one) Port Clearance No. E48508 ;
1 (one) Cargo Clearance Permit No. OOOC621938S;
- 1 (one) Large Pass No. PK.205/02/6/KSOP.Baa-2019
dated November 6, 2019;
1 (one) Domestic Measurement Letter No. 511/BAa dated 6
November 2019;
1 (one) Freight Ship Radio Safety Certificate No.
PK.102/4/7/KSOP/.BAa-19 dated 6 November 2019;
1 (one) Freight Ship Equipment Safety Certificate
No.PK.102/4/9/KSOP.Baa-2019 dated 6 November 2019;
1 (one) Goods Ship Construction Safety Certificate No.
PK/001/06/KSOP.Baa-2019 dated 6 November 2019;
1 (one) National Temporary Shiploading Certificate
No.AL.504/8/ll/KSOP-Baa-2109 dated 6 November 2019;
Considering, that based on the evidence and evidence submitted, the
following legal facts are obtained:
That the Ship KM. Bima Nusantara was detained on Saturday 28
March 2020 at around 23.00 WIB in the waters of Nipa Island, Indonesian
territory or at position 01° 06' 59” N -103° 38' 25” E;
That the Defendant is the Captain of the ship KM Bima Nusantara
whose duty is to check the completeness of the ship's documents and crew
documents, process ship movements including driving the ship during
shipping, manage cargo and take full responsibility for all ongoing activities
on board the ship including the readiness and safety of the ship, crew ships,
ship documents and cargo on board;
That the Defendant as Captain has a 60 Mile Certificate of
Proficiency from the Director General of Sea Transportation and before
sailing the Defendant always checks the completeness of the ship's
documents, crew documents and cargo documents, and that the ship KM.
Bima Nusantara sailed equipped with Port Clearance from the Singapore
port authority with destination Port Klang Malaysia;
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That the number of crew members of the Ship KM. Bima Nusantara
numbered 8 (eight) people including the Defendant;
That the Ship KM. Bima Nusantara was detained because it sailed
outside the route determined by Port Clearance, where previously the Ship
KM. Bima Nusantara sailed from the port of Tanjung Riau to Jurong Port
Singapore with zero cargo, and upon arrival at Jurong Port Singapore the
Ship KM. Shaki Pratama performed cargo loading, namely 800 (eight
hundred) boxes of Luftman brand cigarettes and that the cargo will be
delivered to Port Klang Malaysia;
That the Ship KM. Bima Nusantara sailed out of route because the
Ship KM. Bima Nusatara suffered damage and therefore KM. Bima
Nusantara to contact KM. Shaki Pratama via radio informing that there had
been damage to the machinery and to avoid the ship being swept away, KM.
Bima Nusantara asked for help from KM. Shaki Pratama to tow KM. Bima
Nusantara to Nipa Island waters to carry out repairs;
That the Defendant admits guilt and regrets his actions;
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 a single charge as regulated in Article 317 in conjunction with Article 193
paragraph (1) Letter c of Law of the Republic of Indonesia Number 17 of 2008
concerning Shipping, the elements of which are as follows:
1. The captain who sails;
2. Did not comply with traffic regulations, shipping lanes, route
systems, shipping areas for ship traffic and navigation aids;
Considering, that regarding these elements the Panel of Judges considered
the following: Ad.l. The element of “the captain who sails”;
Considering, that what is meant by Captain in Article 1 number 41 of the
Republic of Indonesia Law no. 17 Year 2008 concerning shipping is one of the crew
members who is the highest leader on the ship and has
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certain authorities and responsibilities in accordance with statutory provisions;
Considering, that when related to the legal facts at the trial, the Defendant
Herman Bin Sarafuddin was the captain of the ship KM. Bima Nusantara, and his
identity as outlined in the indictment, is acknowledged to be in good physical and
mental health and that the Defendant has been able to explain accurately and
clearly in everything related to the charges brought against him as such the Panel of
Judges is of the opinion that the elements of "captain who sails" are fulfilled;
Ad.2. The element "Not complying with traffic regulations, shipping lanes, route
systems, shipping areas for ship traffic and navigation aids - shipping";
Considering, that in Article 193 paragraph (1) Republic of Indonesia Law no.
17 Year 2008 concerning shipping determines that during sailing the captain is
obliged to comply with provisions relating to:
a. Traffic procedures;
b. shipping;
c. Route system;
d. Area-Traffic Shipping Ships, and;
e. Navigation Aids
Considering, based on the legal facts at the trial, where on Saturday 28
March 2020 at around 23.00 WIB the Ship KM. Bima Nusantara with a wooden
cargo was caught in the waters of the Indonesian Territorial Nipa Island or at the
position 01° 06’ 59” N -103° 38’ 25” E;
Considering, that the Ship KM. Bima Nusantara was detained based on the
fact that it was sailing out of the route determined by Port Clearance, where
previously the ship KM. Bima Nusantara sailed from the port of Tanjung Riau to
Jurong Port Singapore with zero cargo, and upon arrival at Jurong Port Singapore
the Ship KM. Bima Nusantara loaded the cargo, namely 800 (eight hundred) boxes
of Luftman brand cigarettes and the cargo will be delivered to Port Klang Malaysia;
Considering, that from these legal facts, the Panel of Judges is of the
opinion that the element of "not complying with traffic regulations, shipping lanes,
route systems, shipping areas for ship traffic and navigation aids" is fulfilled;
Considering, that because all the elements of Article 317 in conjunction with
Article 193 paragraph (1) Letter c of the Law of the Republic of Indonesia Number
17 Year 2008 concerning Shipping are fulfilled, the Defendant must be declared
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legally and convincingly to have committed the criminal act as charged in the single
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, then the
Defendant must be held accountable for his actions, because the Defendant is able
to take responsibility for his actions, then the Defendant must be sentenced for the
crime;
Considering, that after the Panel of Judges paid attention during the trial, it
turned out that the Panel of Judges did not see any things or conditions that caused
the Defendant to suffer from illness or be abnormal, in fact the Defendant was able
to answer well and fluently to the questions asked of him, both by the Panel of
Judges and the Public Prosecutor, thereby strengthening the opinion and
confidence of the Panel of Judges that the Defendant is capable of being held
responsible according to criminal law for the acts he committed;
Considering, that based on the considerations above, because the
Defendant as the Captain of KM. Bima Nusantara and the Defendant sailed off the
route because the ship KM. Bima Nusantara was damaged causing KM. Bima
Nusantara to contact KM. Shaki Prafama via radio informing that there had been
damage to the machinery and to avoid the ship being swept away, KM. Bima
Nusantara asked for help from KM. Shaki Prafama to tow KM. Bima Nusantara to
the waters of Nipa Island to carry out repairs, and because the Defendant was not
detained, the Defendant had reason to be applied with a suspended sentence as
stipulated in Article 14 (a) of the Criminal Code;
Considering, that the evidence presented at the trial is further considered as
follows:
Considering that the evidence is in the form of:
1 (one) unit Ship KM. Bima Nusantara and its equipment;
800 (eight hundred) boxes of Luftman brand cigarettes;
1 (one) Port Clearance No. E48508 ;
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1 (one) Domestic Measurement Letter No. 511/BAa dated 6
November 2019;
1 (one) Freight Ship Radio Safety Certificate No.
PK.102/4/7/KSOP/.BAa-19 dated 6 November 2019;
1 (one) Freight Ship Equipment Safety Certificate
No.PK.102/4/9/KSOP.Baa-2019 dated 6 November 2019;
1 (one) Goods Ship Construction Safety Certificate No.
PK/001/06/KSOP.Baa-2019 dated 6 November 2019;
1 (one) National Temporary Shiploading Certificate No.AL.504/8/ll/KSOP-Baa-2109
dated 6 November 2019;
that has been confiscated from the Defendant, shall be returned to 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 could endanger the safety and security of
shipping;
Mitigating circumstances:
- The defendant admitted guilt and regretted his actions;
- The defendant has never been convicted;
Considering, that because the Defendant has been sentenced to a crime, he must also be
burdened with paying the court costs;
Paying attention to Article 317 in conjunction with Article 193 paragraph (1) Letter c of Law
of the Republic of Indonesia Number 17 of 2008 concerning Shipping and Law Number 8 of 1981
concerning Criminal Procedure Law and other relevant laws and regulations;
JUDGE:
1. Declare that the Defendant Herman Bin Sarafuddin has been legally and
convincingly proven guilty of committing the crime of "Captain who does not comply with the
sailing route system";
2. Sentence the Defendant to prison for 3 (three) months;
3. Determine that the sentence does not need to be served unless a judge decides
otherwise at a later date because the convict committed a crime before the 6 (six) month
probation period ends;
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4. Determines evidence in the form of:
1 (one) unit Ship KM. Bima Nusantara and its equipment;

800 (eight hundred) boxes of Luftman brand cigarettes;
1 (one) Port Clearance No. E48508;
1 (one) Domestic Measurement Letter No. 511/BAa dated 6 November 2019;
1 (one) Freight Ship Radio Safety Certificate No. PK.102/4/7/KSOP/.BAa-19 dated 6
November 2019;
1 (one) Freight Ship Equipment Safety Certificate No.PK.102/4/9/KSOP.Baa-2019
1 (one) Goods Ship Construction Safety Certificate No. PK/001/06/KSOP.Baa-2019
1 (one) National Temporary Shiploading Certificate No.AL.504/8/ll/KSOP-Baa-2109
Returned to the Defendant;
5. Charge the Defendant a case fee of IDR 5,000,- (five thousand

rupiah);
This was decided in the deliberative session of the Panel of Judges at the Batam District
Court, on Wednesday, July 15 2020, by us, Yona Lamerossa Ketaren, S.H.M.H., as Chief Judge,
Taufik A.H. Nainggolan, S.H., Dwi Nuramanu, S.H.M.Hum respectively as Member Judges, which
was said in a hearing open to the public on Monday 20 July 2020 by the Chief Judge accompanied
by the Member Judges, assisted by Bacok, Substitute Registrar at Batam District Court, and
attended by Samuel Pangaribuan, SH, Public Prosecutor and Defendant;
Member Judge, Chief Judge,
Taufik A.H. Nainggolan, S.H. Yona Lamerossa Ketaren, S.H..M.H.
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Dwi Nuramanu, S.H.M.Hum

Substitute
Registrar,
Bacok
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Appendix 4.47 (En)

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Appendix 4.47 (En)

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Director ·Verdict of the Supreme Court of the Republic

FOR THE SAKE OF JUSTICE BASED ON THE ALMIGHTY GOD

1. Full name Herman Bin Sarafuddin

The defendant was not detained:;

the District Court;

Page 2 of 15 Verdict Number 472/Pid.B/2020/PN Btm

That the defendant HERMAN Bin SARAFUDDIN as Captain of KM.

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That when an inspection of the ship's documents, cargo documents

4. La Hardi alias Ardi, under oath, in essence explained as follows:

Page 6 of 15 Verdict Number 472/Pid.B/2020/PN Btm

Page 9 of 15 Verdict Number 472/Pid.B/2020/PN Btm

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2. Sentence the Defendant to prison for 3 (three) months;

1 (one) unit Ship KM. Bima Nusantara and its equipment;

5. Charge the Defendant a case fee of IDR 5,000,- (five thousand

Taufik A.H. Nainggolan, S.H. Yona Lamerossa Ketaren, S.H..M.H.

Page 14 of 15 Verdict Number 472/Pid.B/2020/PN Btm

Dwi Nuramanu, S.H.M.Hum

Page 15 of 15 Verdict Number 472/Pid.B/2020/PN Btm

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