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All Journal Reformasi Hukum Trisakti
Siti Nurbaiti
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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PRINSIP ITIKAD BAIK DALAM GANTI KERUGIAN OLEH PENANGGUNG KEPADA TERTANGGUNG Gunita Nindya; Siti Nurbaiti
Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i4.14095

Abstract

One kind of loss insurance is motor vehicle insurance. It frequently results in issues with its application, namely those with the application of the good faith principle, as in Criminal Code Article 251. discussions like the one that took place between the insured and PT Asuransi Astra Buana. Problem Statement: Based on the Commercial Code, how is the arrangement regarding the principle of good faith applied to the compensation given to the insured by PT Asuransi Astra Buana, and whether the insured party's actions constitute a breach of the principle of good faith? The study's methodology is descriptive in character and falls under the category of normative legal research. Secondary data is qualitatively examined by deductively drawing conclusions. The research findings, discussion, and conclusion that the arrangement of the good faith principle contained in Article 251 of the Criminal Code contains weaknesses because it is only addressed to the insured, so the insurer does not pay compensation to the insured on the grounds that the insured violates the good faith principle, and the actions taken by the insured do not violate the principle good faith, as stipulated in Article 251 of the Criminal Code.
TANGGUNG JAWAB PENGANGKUT ATAS TENGGELAMNYA KAPAL (ANALISIS PUTUSAN MAHKAMAH PELAYARAN NOMOR HK.212/01/I/MP.2020) Nabila Sesha Abdillah; Siti Nurbaiti
Reformasi Hukum Trisakti Vol 5 No 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15215

Abstract

In Indonesian waterways, ferries are a kind of transportion used to move both people and cargo. However, as was the case with the sinking of the KMP Saluang, transportation will not always go as planned. The problems to be discussed: how is the carrier should be held accountable for the sinking of the KMP Saluang under the terms of Law No. 17 of 2008 concerning Shipping and how is the carrier accountable for compensating the owner of the goods for the sinking of the KMP Saluang. This research is descriptive in character, normative, and uses both secondary and primary data. It also employs qualitative analysis and deductive conclusion-drawing. The study's findings, analysis, and recommendations show that, in accordance with Article 41 paragraph (1) sub-b of the Shipping Law, the carrier should be held accountable for the destruction of the goods sent by the sender of the goods and temporarily revoke the Seaman Expertise Certificate for a period one month. The Presumption of Liability system should be used by the carrier's responsibility system to provide recompense to the owner of the products, although in this instance the proof was not carried out by the carrier.
Co-Authors Chika Pratiwi Gunita Nindya Khosyi Putra Ariswari Nabila Sesha Abdillah Paskah Aprilia Silalahi Salsabila Setyaningrum