BATAS TANGGUNG GUGAT PENGANGKUT APABILA TERJADI KECELAKAAN KAPAL DENGAN PENGGUNA JASA ANGKUTAN PERAIRAN SUNGAI MAHAKAM KALIMANTAN TIMUR

Abstract

In 1935 ships-Ordinance has been determined on the requirements of the
feasibility of doing the cruise ship and the requirements in the form of
licenses issued by the Indonesian Bureau of Classification issued by the
government or cq Harbormaster and the Head Office of the Department of
Transportation. To and survived the voyage, the ship inland waters must
be equipped with ship letters which is a guarantee for the feasibility of the
ship to sail in accordance with the requirements specified in the
Ordinance of 1935 ships and inland vessels Ordinance 1927 and its
implementation rules. A ship is said to worth screens for transporting
passengers and / or goods if it has a certificate of excellence. It is
mentioned in Article 6 paragraph ( 1 ) and ( 3 ) ships Ordinance 1935. In
the operation of inland water transport in particular freight , carriers and
shippers generally have never made a carriage agreement in writing but
made verbally, and thus the rights and obligations of the parties is not
reflected clearly impractica. In the event of an adverse event party shipper
money due to damage, reduced or loss of an item because of an error or
omission of the carrier, the carrier usually fixed indemnify though not as
big as the real loss suffered. In terms of passenger transport (people), the
carrier is always considered to be responsible for the losses suffered by
the passenger if he were injured or died, without any obligation for the
passengers or their heirs to prove their right to compensation, just when
he argues that he suffered injuries caused by transporting it. The new
presumption disappears if the carrier can prove that the loss occurred
through no fault on his part or can not be avoided ( overmacht ) or
because of his own fault passengers.