As the legal case into the deadly Komodo shipwreck takes shape, police cite a new national legal doctrine in their decision, focusing the investigation on operational negligence.
LABUAN BAJO, Indonesia — The captain and chief engineer of the ill-fated KM Putri Sakinah have not been detained by police but are under a mandatory reporting order, Indonesian authorities confirmed Saturday, as the investigation into the sinking that killed a Spanish football coach and three of his children shifts into a formal legal phase.
The two crew members, identified by their initials L (captain) and M, who served as the ship’s engine room technician, were named suspects on Thursday. They face charges under articles of the Indonesian Criminal Code related to negligence causing death, which carry a maximum five-year prison sentence.
A New Legal Paradigm Applied
East Nusa Tenggara (NTT) Regional Police spokesman, Senior Commissioner Henry Novika Chandra, explained that the decision not to detain the men is based on a paradigm shift within the country’s new Criminal Code (KUHP), which treats detention as a measure of last resort (ultimum remedium).
“The reason L and M have not been detained refers to the paradigm and adjustments of the National Criminal Code or Law Number 1 of 2023, so detention is a final step,” Chandra told detikBali.
Focus on Operational Negligence and Potential for More Suspects
The police investigation is currently centered on alleged operational lapses during the voyage on the night of December 26, 2025. Investigators are examining procedures for navigation and engine maintenance in extreme weather, as the vessel sank in the notoriously challenging Padar Island Strait during heavy seas.
“Investigators have so far examined 18 witnesses, including crew members and the ship owner, to explore aspects of technical seaworthiness and operational SOPs,” Chandra stated.
He emphasized that the probe remains “dynamic,” suggesting the net could widen. Should strong evidence emerge pointing to negligence or deliberate ignorance (pembiaran) from other parties, such as management or the vessel’s owner, additional suspects could be named.
A Case Under Intense Scrutiny
The legal proceedings unfold against a backdrop of immense public pressure in Labuan Bajo, where the disaster triggered weeks of tourism suspension and protests alleging corruption and mismanagement within the local port authority. The police’s handling of the case is being watched closely by the local community, the international diplomatic corps, and the global tourism industry connected to Komodo National Park.
The mandatory reporting order requires the suspects to regularly present themselves to authorities, a condition short of pre-trial detention. For the grieving family of Martin Carreras Fernando—whose wife has returned to Spain with the ashes of her husband and two recovered children—and for a public demanding accountability, the pace and scope of the investigation will be a critical measure of justice following one of Indonesia’s most high-profile maritime tourism tragedies.
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