Juridical Review Of Legal Protection For Parties In Ship Charter Agreements (Case Study: Spob Julvinda Ship Charter Agreement Between PTt Mitha Samudera Wijaya And PT Bestie Hoper Indonesia)

Adrian Malik Kusuma (Universitas Muhammadiyah Sumatera Utara, Medan, Indonesia)
Fajriawati (Universitas Muhammadiyah Sumatera Utara, Medan, Indonesia)

JHSS (Journal of Humanities and Social Studies)
Vol. 10 No. 01 (2026): JHSS (Journal of Humanities and Social Studies) (SI)

This study aims to examine the legal protection of parties in ship charter agreements (charter party) under Indonesian positive law, with a case study of Time Charter Agreement Number /MSW-BHI/TC/X/2024 between PT Mitha Samudera Wijaya as ship owner and PT Bestie Hoper Indonesia as charterer for vessel SPOB Julvinda. This research employs a normative juridical method with statutory and conceptual approaches. The results show that the legal regulation of ship charter agreements in Indonesia is scattered across the Civil Code, Commercial Code, and Law Number 17 of 2008 on Shipping. Legal protection for parties is realized through balanced contractual clauses covering rights and obligations, deposit mechanisms, off-hire provisions, and dispute resolution through the Medan District Court. Default in ship charter agreements can be resolved through litigation or non-litigation (mediation and arbitration). This study recommends the need for a single maritime law codification in Indonesia to ensure legal certainty and balanced protection for all parties.