Judge Sentenced Ship Captain for Negligence Causing Foreigner's Death

The defendant I Kadek Ariawan (28) underwent a trial at the Denpasar District Court, Bali, Tuesday (4/8/2026). ANTARA/Rolandus Nampu

DENPASAR - The Denpasar District Court panel of judges imprisoned the captain of the Bali Dolphin Cruise 2 for being negligent in causing two Chinese foreign nationals, namely Yu Hanqing and Shi Guohong, and ABK Kadek Adijaya Dinata to die.

Presiding Judge Syahbuddin in a trial at the Denpasar District Court, Bali, sentenced the defendant I Kadek Ariawan (28) as the captain of the ship to two years in prison for being negligent which caused the ship to capsize in the entrance channel of Sanur Beach Pier, South Denpasar, on August 5, 2025.

"The defendant was found guilty of committing a criminal act due to his negligence or negligence which caused the ship he was sailing to capsize and sink which resulted in three people dying," said the judge in the trial reported by ANTARA, Tuesday, August 4.

The judge agreed with the Bali Attorney General's Prosecutor (JPU), I Ketut Yasa, that the defendant violated Article 474 paragraph (3) of Law Number 1 of 2023 concerning the Criminal Code in conjunction with Law Number 1 of 2026.

However, the judge's verdict was 1.5 years lighter than the prosecutor's demand in the previous trial, which demanded the defendant a prison sentence of 3.5 years or three years and six months.

The thing that weighed down the judge's verdict was that the defendant's actions had resulted in three people dying.

In the judge's consideration, the mitigating factor, the defendant was polite during the trial, admitted his actions, and the victim also forgave, and the company where the defendant worked had given compensation money to the victim's family.

Hearing the judge's verdict, the defendant in the trial expressed his thoughts on the judge's verdict.

"I think-think the honorable," the defendant said in court.

The same was said by the Public Prosecutor who also said that he would think about the judge's decision.

In the prosecutor's indictment, it was revealed that the defendant as the captain did not conduct an inspection and count the number of passengers before the ship departed from Banjar Nyuh Port, Nusa Penida, to Sanur Pier.

The defendant only referred to the manifest which recorded 75 passengers, although the ship carried a total of 80 people, consisting of 75 passengers and five crew members. In fact, there were five passengers who were not listed in the manifest, while eight passengers were in the captain's room.

When entering the Sanur Port channel at around 15.30 Wita, the defendant briefly reduced the speed of the ship and waited for the waves to subside.

However, he decided to enter the port before the big wave really passed. The ship was then hit by a big wave from behind until it overturned and sank.

The prosecutor assessed that the defendant, who had experience as a captain and understood the characteristics of the waves in the Sanur Port, should have waited for a safe time to enter the port.

In addition, the ship was also found to be overloaded. Based on the Ship Safety Certificate, he said, the Bali Dolphin Cruise 2 ship was only allowed to carry 75 passengers and five crew members.

However, the defendant still made a master sailing declaration stating the number of passengers according to the permitted limit so that the ship obtained a sailing permit.

The excess load is considered to reduce the stability of the ship and make the ship more easily overturned when hit by large waves.

As a result of the accident, two Chinese passengers, namely Yu Hanqing and Shi Guohong, and a crew member, Kadek Adijaya Dinata, died.

Based on the results of the autopsy, the three victims were found with signs of drowning and being submerged in water.