Trisnawati, Bakti
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Journal : MAGISTRA Law Review

TANGGUNG JAWAB PENGANGKUT TERHADAP PEMILIK BARANG AKIBAT KECELAKAAN DALAM PENGANGKUTAN LAUT Trisnawati, Bakti
MAGISTRA Law Review Vol 5, No 02 (2024): MAGISTRA Law Review
Publisher : PSHPM Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/malrev.v5i2.5170

Abstract

By article 41 paragraph 3 of Law No. 17 of 2008 concerning shipping, maritime transportation companies are obliged to insure their liability and carry out basic general passenger protection insurance by the provisions of statutory regulations." The carrier is obliged to protect the goods it transports. Public and company trust in carrier services is the key to the existence of a transportation service facility. In practice, it turns out that not all transportation services carry out their responsibilities by providing compensation, for example PT. SBT Semarang Shipping, which carried 67,500 sacks of goods or 2,700 tons of Tonosa Cement, belongs to HS as the owner of the goods which suffered losses due to a maritime accident. Still, the owner of the goods did not receive compensation as regulated in Article 40 paragraphs 1 and 2 of Law No. 17 of 2008 concerning Cruise. The company does not guarantee its cargo, because the shipping company already knows that the owner of the goods has insured the goods themselves.