Reformasi Hukum Trisakti
Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti

TANGGUNG JAWAB PENGANGKUT ATAS TENGGELAMNYA KAPAL (ANALISIS PUTUSAN MAHKAMAH PELAYARAN NOMOR HK.212/01/I/MP.2020)

Nabila Sesha Abdillah (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)
Siti Nurbaiti (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)



Article Info

Publish Date
01 Feb 2023

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.

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Journal Info

Abbrev

refor

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal is in the field of legal science for case studies in Indonesia and also other regions of the world. Jurnal Reformasi Hukum Trisakti comes from a half of the results of the sudents undergraduate thesis of the Faculty of Law Trisakti University, in subjects : Business Law ...