RESPONSIBILITIES OF TRANSPORT OF OWNERS OWNED IN PIRACY IN THE HIGH SEAS.
Journal Title: International Journal of Advanced Research (IJAR) - Year 2019, Vol 7, Issue 9
Abstract
Article 468 of the Indonesia law trading (KUHD) has stated the responsibility of the transporter, if due to the loss can be proven to occur due to the error of the carrier or its agents, the carrier can be said to be responsible according to Article 468 of the Indonesia law trading (KUHD). As for the case of ship hijacking, it is not the fault of the carrier and occurs outside the jurisdiction of Indonesian law. The problem is how the responsibility of the carrier to the owner of the goods in the event of piracy (piracy) on the high seas. the objectives to be achieved in this study are to determine the responsibility of the carrier to the owner of the goods for the damage and losses resulting from piracy, according to the arrangements contained in Chapter XI of the Indonesian Criminal Code about Avarij. the method used in this study is a legal research method, using an approach to statute approach, namely: an approach that emphasizes the search for norms in the provisions of legislation and other regulations relating to legal issues. the results of this study are the Indonesian Commercial Law Law governing the responsibilities of the carrier. Article 468 of the Criminal Procedure Code provides the scope in which the carrier can be held liable if there is a feeling and loss of the cargo during the delivery period. But the scope of this Article cannot cover all travel hazards that occur in the ocean during the delivery period. Because the essence of this Article the carrier can be responsible if it can be proven if the error is caused by the carrier. Losses due to piracy are other causes that come from outside. To overcome the greater loss and who will be responsible specifically for the problem of losses caused by piracy, in Chapter XI the Criminal Code is regulated regarding sea losses caused by piracy and is divided into two forms, namely: general sea losses and general sea losses specifically (simple avarij). In general sea losses, which are divided into contributions, and extraordinary costs, the liability of this loss is stated in Article 727 of the Indonesian Criminal Code. And for special marine losses, for losses of this type because they relate to compensation for goods, this is pre-insured in insurance. Where the insurance arrangements still refer to the Criminal Code.
Authors and Affiliations
Guswan Hakim , Herman and Siti Misnar abdul Jalil.
Keywords
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- EP ID EP655544
- DOI 10.21474/IJAR01/9674
- Views 58
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