Pelaksanaan Peraturan Perundang-Undangan Tentang Tanggung Jawab Pengangkut Barang dalam Pengangkutan Laut di Pelabuhan Belawan

Abstract

Shipping administration regulation which is still effective up to this moment in Indonesia besides the court of justice and the legal regulation no. 21 of 1992 based on Indische Scheepvaarswet Staatsblad of 1966 no. 700. The legal regulation no. 21 of 1992 ought to have amended and equalized to its prosecution in September. It is intended either to give a safe situation or to control the regulations at ministrial level that amounts relative large and tends to alter within a short period of time. This results in a less certainty in law and affects, consequently, the business certainty in shipping and other related works. The relationship between the transport side, i.e. shipping companies, and the owner of the goods, represented by E.M.K.L/J.P.T is always regarded as a common business by the both sides, although the relationship is still considered lawful (that results in law consequences). The idea which regards the relation as a business then may affect the behavior of law. It is proved that, through the approach of nondoctoral research the both sides do lead "a separate way" to solve any rising problem. The both sides do not obey the clauses in a contract they have agreed before. The kinds of right and obligation, as well as another responsibilities contained in the clauses tend to serve merely as a reference (an evidence of their agreements), but it doesn't serve as a primary key in order to solve the dispute. Mutual understanding tends to be "a key word" in their relation ship. And then any clause, in turn, can be ignored using negotiation and discussion. Mutual profit (it means the both sides are pre- vented from the great losses), and mutual losses tend to provide the basis for their trouble shooting. Most parties apply that way. While a little problem that