Azzahra, Mutiara Zalisty (2025) Analisis Yuridis Tanggung Jawab Perdata Pihak Pengangkut Terhadap Penumpang Kapal yang Tidak Terdaftar dalam Manifest pada Kasus Kecelakaan Kapal di Laut. Undergraduate thesis, UPN Veteran Jawa Timur.
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Abstract
Indonesia as an archipelago relies heavily on ships as a mode of sea transportation to connect between islands. However, the use of ships as a means of transportation is certainly not free from the risk of accidents. One of the crucial issues that arise in the context of ship accidents is the responsibility of the carrier for passengers who are not registered in the ship's manifest, as happened in the case of the KM Santika Nusantara accident which caught fire in Masalembu waters in 2019. This study aims to juridically analyze the civil liability of the carrier for ship passengers who are not registered in the manifest in cases of ship accidents at sea and the form of legal protection that can be provided to passengers who suffer losses due to ship accidents at sea in the perspective of Law Number 17 of 2008 concerning Shipping. This research uses normative juridical methods with a statutory approach and conceptual approach, and refers to regulations such as the Civil Code, KUHD, and Law Number 17 of 2008 concerning Shipping.This research is based on the theory of civil liability, which includes the absolute liability principle and Unlawful Acts. The results show that the status of passengers not listed in the ship's manifest creates legal ambiguity regarding the carrier's responsibility. Law No. 17/2008 on Shipping does not explicitly regulate the carrier's responsibility for such passengers. However, the principles of civil law can be applied to determine the carrier's responsibility based on the element of negligence or unlawful act that causes harm to the passenger as stipulated in Article 1365 of the Civil Code. Thus, regulatory improvements are needed to realize the principle of more inclusive and fair legal protection for all ship passengers, regardless of their administrative status in the manifest in the case of ship accidents at sea.
| Item Type: | Thesis (Undergraduate) | ||||||||
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| Uncontrolled Keywords: | Civil Liability, Manifest, Legal Protection | ||||||||
| Subjects: | K Law > K Law (General) | ||||||||
| Divisions: | Faculty of Law > Departement of Law | ||||||||
| Depositing User: | MUTIARA ZALISTY AZZAHRA | ||||||||
| Date Deposited: | 21 May 2025 06:29 | ||||||||
| Last Modified: | 21 May 2025 06:29 | ||||||||
| URI: | https://repository.upnjatim.ac.id/id/eprint/36391 |
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