WANPRESTASI PADA PERJANJIAN ANGKUTAN LAUT (STUDI PUTUSAN NOMOR 1293/PDT.G/2022/PN SBY)

Puspita Sari, Kartika Sekar Ayu (2024) WANPRESTASI PADA PERJANJIAN ANGKUTAN LAUT (STUDI PUTUSAN NOMOR 1293/PDT.G/2022/PN SBY). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

ABSTRACT: As an archipelago, sea transportation is very important in Indonesia. The existence of transportation in Indonesia will be able to help development in various fields of government, including political, economic, social, cultural, and legal. Transportation activities have always supported human life, from the simplest to the most sophisticated. Even the advancement of technology and information in transportation is one of the barometers of the progress of life and civilization of a society. In the implementation of the transportation of goods, an agreement is needed, which in reality in the transportation of sea goods is very likely to occur in the event of a breach of promise or default. Surabaya District Court Decision Number 1293/Pdt.G/2022/PN Sby shows a dispute over default in sea transportation. The purpose of this study is to determine the act of default that occurred between PT Andatu Sukses Abadi and PT Sulawesi Artha Buana and understand the basis of consideration used by the judge in this case. This research is normative using a statutory and case approach. The results showed that PT Sulawesi Artha Buana failed to fulfill its obligations by providing cargo documents that were not by the agreement and transporting nickel ore that did not belong to PT Wisnu Mandiri Batara. Nevertheless, the Panel of Judges rejected the Plaintiff's claim because the photocopy evidence submitted could not be compared with the original and was considered irrelevant. Although the ITE Law recognizes electronic documents as valid evidence, its implementation in court requires additional verification of the authenticity and relevance of the evidence. In the counterclaim, the Panel of Judges partially granted the claim related to the Counterclaim Defendant's failure to berth the vessel by the agreement after receiving payment. This decision emphasizes the importance of the clarity of evidence and the admissibility of electronic documents in civil litigation in Indonesia. Keywords: Sea Transportation, Judges' Reasoning, Default

Item Type:

Thesis (Undergraduate)

Contributors: