Aspek Hukum Pengangkutan Barang Antar Negara Dengan Menggunakan Peti Kemas Di PT Pelabuhan I Belawan
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Date
1996Author
Hasan, Muhd.
Advisor(s)
Nasution, M. Sanwani
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Show full item recordAbstract
The government of Indonesia took the head of
policy in sea transportation which is known as the
government freight forwarding acted number 17 1988 to
interprete the deregulation and debirokratisation which
is inserted in the President instruction number 4 1985
and it hed been outed on November 21, 1988.
Based on the concept and policy of the government
to make sailing from the aim and the scope, there are
two aspects which are consented they are in National
sailing an International sailing.
The government is willing to manage the frieght
forwarding via sea by shipping transportation, where it
can get welfare to the Indonesian poeple.
In fact there is an interest conflict to make sea
freight forwarding among the owner of the ship, the
owner of the container and persons who receive the good
in the distant.
The research would like to know the management and
the practice of freight forwarding to another country by
using the container, we want to know the status and
liability among the parties in sea freight forwarding
and making a choice in Arbitration when the conflict
appears.
This is analytic descriptive research, the
research can give us about the sea freight forwarding by
using container and beside that we would like to see the
regulation which established the sea freight forwarding
to one country to another by using container.
The result of the research consists of the status of
sea freight forwarding company, which manages the ship,
Is he the owner of the ship or carter the ship has the
liability of sea freight forwarding by using container,
and the status can be seen in a contract which is made by
shipping company and sea freight forwarding by having
the system of full in the container as FCL, LCL, FCL/LCL
or LCL/PCL.
The liability on goods and the system of fulling
container that are usually used by the system of
FCL/LCL, where the freight forwarding is liability to
full the container and the sea freight forwarding loads
the goods.
The clausule contract of Arbitration cannot be
applicated absolutely if one party wants to settle the
conflict in a court and nat in Arbitration that has been
agreed in case of conf 1 ict opinion, we can see the
Indonesian Yurisprudence, if parties agree to bring the
case to Arbitration and the parties should do what they
agree.
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- Master Theses [1852]