Fast Boat Captain Faces 3.5-Year Sentence for Fatal Capsizing in Sanur
Prosecutors have demanded a three-and-a-half-year prison sentence for the captain of a fast boat that capsized in the Sanur Beach harbour channel, Denpasar, resulting in three deaths. The sentence was requested during a hearing at the Denpasar District Court on Tuesday (28/7/2026) for defendant I Kadek Ariawan, 28, who was captaining the Bali Dolphin Cruise 2 when it capsized on 5 August 2025.
The public prosecutor argued that Ariawan was negligent, leading to the vessel overturning. The accident caused the deaths of two Chinese nationals, Yu Hanqing and Shi Guohong, and one crew member, Kadek Adijaya Dinata. The prosecutor stated the defendant was proven to have committed a criminal act by negligence resulting in death, violating Article 474 paragraph (3) of Law Number 1 of 2023 concerning the Criminal Code in conjunction with Law Number 1 of 2026 concerning Criminal Adjustments.
In the indictment, the prosecutor detailed that the defendant, as captain, failed to check and count the number of passengers before departing from Banjar Nyuh Port, Nusa Penida, to Sanur. The prosecutor noted that the defendant relied solely on a manifest listing 75 passengers, while the vessel was actually carrying 80 people, including five crew members. Five passengers were not listed on the manifest, and eight passengers were situated in the wheelhouse.
While entering the Sanur Port channel around 3:30 p.m. local time, the defendant reduced speed and waited for the waves to subside but decided to enter the harbour before the large swell had completely passed. The vessel was then struck by a large wave from behind, causing it to capsize and sink. The prosecutor argued that the defendant, an experienced captain familiar with the wave characteristics of Sanur Port, should have waited for safer conditions to enter.
Furthermore, the vessel was proven to be overloaded. According to its Safety Certificate, the Bali Dolphin Cruise 2 was only permitted to carry 75 passengers and five crew members. The defendant nonetheless issued a master sailing declaration stating the number of passengers was within the permitted limit, allowing the vessel to obtain clearance to sail. The overloaded condition reduced the vessel’s stability and made it more susceptible to capsizing when hit by a large wave.
The negligence leading to three fatalities was cited as an aggravating factor in the sentencing demand. Mitigating factors included the defendant’s polite demeanour during the trial, his admission of guilt, forgiveness from the victims’ families, and the compensation provided by the company to the victims’ families. After hearing the demand, the defendant requested the lightest possible sentence, expressing deep remorse and noting his status as the head of a family.