Tanggung Gugat Pengangkut atas Kecelakaan Kapal Laut di Indonesia Terhadap Penumpang yang Tidak Tercantum di Manifest

KALAM, NUR AZLINA ABUL (2026) Tanggung Gugat Pengangkut atas Kecelakaan Kapal Laut di Indonesia Terhadap Penumpang yang Tidak Tercantum di Manifest. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

As an archipelagic state, Indonesia heavily relies on maritime transportation as a vital means of inter-regional connectivity. Pursuant to Article 38 of Law Number 17 of 2008 concerning Shipping, a transportation agreement is evidenced by a passenger ticket and cargo documents, whereby passengers possessing tickets are registered on the ship's manifest and are entitled to safety guarantees and insurance compensation in the event of an accident. However, in practice, numerous passengers without tickets and therefore not listed on the ship's manifest are frequently found aboard vessels, resulting in legal uncertainty regarding their status and protection in the event of a maritime accident. This research aims to analyze the form of carrier's liability for maritime accidents towards passengers not listed on the manifest, and to examine the application of the fault liability principle and Indonesian legislation concerning the legal protection of such passengers under the Shipping Law. This study employs a normative legal research method, utilizing a statutory approach and a conceptual approach. The legal materials used consist of primary legal materials in the form of legislation, secondary legal materials comprising legal literature and journals, and tertiary legal materials in the form of legal dictionaries. The analysis is conducted through a prescriptive-analytical method. The application of the fault liability principle provides legal protection for passengers not listed on the manifest through the mechanism of a tort claim, provided that it can be proven that the maritime accident occurred due to the carrier's fault or negligence in complying with maritime safety standards, including the obligation of seaworthiness. However, such protection remains limited, as passengers without tickets are not entitled to compulsory passenger accident insurance compensation as stipulated under Government Regulation Number 17 of 1965 concerning the Implementation of the Compulsory Passenger Accident Insurance Fund.

Item Type:

Thesis (Undergraduate)

Contributors: