CD Skripsi

Penerapan Force Majure Dalam Perjanjian Angkutan Laut Antara PT. Pelayaran Kurnia Samudra Dan PT. Ancara Logistics Indonesia

---

In sea transportation agreements, there are disputes which cause the agreement to not be completed properly, one of which is the agreement between PT. Pelayaran Kurnia Samudra and PT. Ancara Logistics Indonesia. In the implementation of the agreement, obstacles occurred which resulted in the fulfillment of achievements by PT. Kurnia Samudra's voyage was caused by a force majeure event on the ship's journey to the destination city of Samarinda. Therefore, the purpose of writing this thesis is First, to find out the application of force majeure in sea transportation agreements between PT. Pelayaran Kurnia Samudra and PT. Ancara Logistics Indonesia. Second, to know the legal rules in determining force Majure in sea transportation agreements between PT. Pelayaran Kurnia Samudra and PT. Ancara Logistics Indonesia.

This type of research can be classified into the type of sociological juridical research. With the research location located in the office of PT. Pelayaran Kurnia Samudra in Batam City, while the population and sample are all parties related to the problem under study. This study uses data sources in the form of primary data and secondary data, and data collection techniques are carried out by interviews.

From the results of research on the problem, there are two main things that can be concluded. First, PT does not fulfill the elements of force majeure. Pelayaran Kurnia Samudra caused him to have to continue to reimburse the costs of late delivery of goods due to the lack of sufficient evidence to convince PT. Ancara Logistics Indonesia that a force majeure has occurred. Second, to be able to determine whether an event can be said to be a force majeure, Article 41 Paragraph 1 and Paragraph 2 of Law Number 17 of 2008 concerning Shipping can be used as a guide, source or reference that can be used by the parties. The author's suggestion is: Firstly, the parties should pay attention to the importance of including a detailed force majeure clause clearly and firmly in the agreement to act as an anticipatory step and minimize losses borne by the parties if a force majeure event occurs. Second, it is recommended that the government include special provisions governing force majeure so that it can be used as a guide, reference and appropriate source to protect the interests of the parties so that there is a balance in the severity of responsibilities and rights arising from each party.

Keywords: Force Majeure – Agreement – Ocean Freight

---

Ketersediaan

Informasi Detail

Judul Seri

-

No. Panggil

1709122560

Penerbit

Pekanbaru : Universitas Riau - F. Hukum - Hukum Perdata., 2023

Deskripsi Fisik

-

Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

1709122560

Tipe Isi

-

Tipe Media

-

Tipe Pembawa

-

Edisi

-

Subjek

HUKUM PERDATA

Info Detail Spesifik

-

Pernyataan Tanggungjawab

Vina

Versi lain/terkait

Lampiran Berkas

Komentar

---

Anda harus masuk sebelum memberikan komentar