The Implementation of Transporter Responsibility on Ship Feasibility in Goods Carriage on Sea Relating to Volume of Cargo Ship Based on Law Number 17 of 2008 on Voyage and The Hague Rules

Iftitah Farah Day

Abstract


Marine transportation is an activity of moving goods/loads from the port of origin to port of destination by ship. Carriage of goods by sea has been chosen because it is efficient and capable of transporting the goods/cargo in large quantities. Basically before transporting, transporters bind itself to a treaty called the transport agreement. This agreement is primarily used as proof that leader willing to deliver the goods to the destination safely and securely. In the transport agreement, there is a clause stating that loader  is obligated to provide a ship seaworthy. It is intended that the goods/cargo to destination safely. vessel accidents that occur relating to feasibility ship one of them is the volume of cargo transported goods exceeds the capacity should be. Under the provisions of Article 40 (2) of the Shipping Law, the carrier shall be responsible for cargo transported on board. This research is descriptive analytic using normative juridical approach and stages of processing and data analysis conducted by juridical qualitative study the library materials primary, secondary and tertiary, including The Hague Rules and Shipping Law, the concepts of sea transport, and theory- feasibility theories about the ship. The Hague Rules and Shipping Law is basically the same, i.e., the injured party will wreck the ship and cause damaged, lost, or handicap goods transported can claim for damages based on breach of contract and tort. But the carrier was also given the opportunity to prove that the damage is not the fault of the carrier and the carrier has been doing prevention-prevention deserve to avoid the loss so that responsibilities can be restricted by the regulations contained in the Hague Rules and Shipping Law.

Keywords


sea ​​freight, liability, cargo, shipping

References


Abdulkadir Muhammad, Hukum Pengangkutan Darat, Laut dan Udara, PT. Citra Aditya Bakti, Bandung, 1991.

Abdulkadir Muhammad, Hukum Pengangkutan Niaga, PT. Citra Aditya Bakti, Bandung, 1998.

H.M.N. Purwosutjipto, Pengertian Pokok Hukum Dagang Indonesia, Hukum Pelayaran dan Perairan Darat, Djambatan, Jakarta, 2000.

Radiks Purba, Angkutan Muatan Laut Jilid III, Bhrata Karya Aksara, Jakarta, 1981.

Wirjono Prodjodikoro, Hukum Laut di Indonesia, Bandung, Sumur, 1960.

Wiwiho Soedjono, Hukum Perkapalan dan Pengangkutan Laut, PT. Bina Aksara, Jakarta, 1982.




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