Author(s): Benny Hutahayan
This study aims to analyze and describe the changes that have occurred in the Job Creation Law against the Shipping Law, particularly how the cabotage principle is applied. The research method used is normative legal research by analyzing primary legal materials in the form of related regulations. The result of the research is that there are 67 provisions in the Shipping Law which are amended in the Job Creation Law. There are 3 main things that have changed: (1) returning the authority to the central government which has been given to regional governments, (2) providing opportunities for foreigners to invest in shipping, especially oil and gas, (3) relaxation of the cabotage principle. On the other hand, it is found that the Job Creation Law provides legal certainty for business actors as well as provides legal protection for parties in the shipping industry. However, it does not provide a sense of justice to domestic entrepreneurs. This research examines changes in the Job Creation Law against the Shipping Law in relation to the Theory of Justice, Theory of Legal Certainty, and The Theory of Legal Protection. This study also examines the cabotage principle specifically in the Job Creation Act by using these three theories.