TINJAUAN HUKUM USAHA BONGKAR MUAT BARANG DI PELABUHAN SAMARINDA BERDASARKAN PERATURAN PEMERINTAH NOMOR 20 TAHUN 2010 TENTANG ANGKUTAN DI PERAIRAN

Abstract

Liability in sea transportation concerning loading and unloading of goods
is very important and is closely related to the rights and obligations of the
parties. Therefore, separate regulations regarding sea transportation are
needed, both regulated by the international world and national
regulations.
One of the disputes that often arise in sea transportation is the damage to
goods which raises the right of claim for compensation from the owner of
the goods to the carrier. The emergence of claims from the owner of the
goods in the form of damage to the goods, it is important to pay attention
to the parties involved in the transportation process to be able to
determine which party is really responsible for claims for compensation
for damage to the goods.
The purpose of this study is to determine the implementation of loading
and unloading of goods carried out in the Port of Samarinda and to
determine the responsibility of employers for losses incurred in the
process of loading and unloading at the Port of Samarinda.
The study uses normative juridical research methods and techniques
namely library research and document research.
The results of this study are (1) The loading and unloading business at
ports as an integral part of the port management system in Indonesia is
stated in PP No. 2 of 2010 concerning Transportation on Water. Based on
this PP, loading and unloading activities from and to ships are carried out
by shipping companies through the loading and unloading business units.
(2) In Article 180 Paragraph 1 states that the transport company in the
water transport company is responsible for the safety and security of the
passengers and / or the goods they transport. Then Article 180 Paragraph
2 states that the water transport company is responsible for the cargo of
the ship in accordance with the type and amount stated in the cargo document and / or the agreed transportation agreement or contract. This
form of protection is intended to protect and maintain the integrity and
security of transported goods during loading and unloading activities