Journal Of World Science
Vol. 5 No. 5 (2026): Journal of World Science

Strict Liability of Shipping Corporations on Unseaworthy Ships

Husein Layn (Universitas Pattimura, Indonesia)
Elsa R. M. Toule (Universitas Pattimura, Indonesia)
D. J. A. Hehanussa (Universitas Pattimura, Indonesia)



Article Info

Publish Date
25 May 2026

Abstract

Shipping safety is a fundamental aspect of connectivity in the Maluku archipelago. However, the high rate of maritime accidents caused by unseaworthiness factors such as overloading and the absence of safety equipment indicates weaknesses in the current legal liability system, which tends to focus solely on individual shipmasters (captains). This study aims to analyze the urgency and mechanism of applying the principle of strict liability to shipping corporations that operate unseaworthy vessels within the working area of the Class I Port Authority and Office (KSOP) Ambon. The research method employed was normative juridical, utilizing statutory and conceptual approaches. The results indicate that operating an unseaworthy vessel is a type of regulatory offense that carries significant risks to public safety, therefore, the requirement to prove criminal intent (mens rea), which is often difficult to establish within corporate structures, can be waived. Under the strict liability principle, corporations can be held criminally liable based on objective evidence of violating seaworthiness standards (actus reus). Geographic challenges in Maluku, where only 24 out of 75 ports have permanent officers, reinforce the need for a firm legal doctrine to create a deterrent effect for shipowners. This study concludes that the explicit application of strict liability in maritime regulations will encourage corporations to systemically improve safety standards and ensure legal certainty for the public utilizing sea transportation services.

Copyrights © 2026






Journal Info

Abbrev

jws

Publisher

Subject

Computer Science & IT Economics, Econometrics & Finance Engineering Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal Of World Science is a scientific journal in the form of research and can be accessed openly. This journal is published monthly by CV Riviera Publishing. Journal of World Science provides a means for ongoing discussion of relevant issues that fall within the focus and scope of the journal ...