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VOL. 11, ISSUE 1 (2025)
The responsibility of PT Atosim Lampung Pelayaran (ALP) for passenger losses due to ship fires
Authors
Rhama Wisnu Wardhana, Edi Wahjuni, Risqiana
Abstract
Transportation particularly maritime
transportation plays a significant role in Indonesia as an archipelagic country.
Law No. 17 of 2008 on Shipping regulates matters related to safety, security, and
the responsibilities of transportation companies, while Law No. 8 of 1999 on Consumer
Protection provides additional regulations concerning the rights and obligations
of business operators as carriers and consumers as passengers. The fire
incident on the KM Mutiara Timur I vessel, caused by a chemical leak from one
of the vehicles onboard, resulted in significant losses for the passengers.
This incident highlights negligence in cargo arrangement that did not meet
safety standards. The purpose of this study is to identify the forms of legal
protection for passengers affected by a ship fire, to examine the
responsibilities of PT Atosim Lampung Pelayaran (ALP) for passenger losses
caused by a ship fire, and to explore the resolution efforts that can be
undertaken by passengers in the event of a ship fire. The research methodology employed
is normative juridical, using statutory and conceptual approaches by collecting
primary, secondary, and non-legal materials through library research. The analysis
is conducted descriptively and qualitatively with a deductive approach. The
results of this study reveal that legal protection for passengers affected by
the ship fire includes two types: internal and external legal protection. Internal
legal protection arises from agreements, such as contracts included in ticket purchases.
External legal protection derives from laws, including the Consumer Protection
Law and the Shipping Law. The liability of PT Atosim Lampung Pelayaran (ALP)
for passenger losses due to the ship fire is based on Articles 40 and 41 of the
Shipping Law and Article 19 of the Consumer Protection Law. PT ALP is obliged
to provide compensation in the form of insurance unless it can prove that the
losses were not caused by its negligence. Additionally, the harbormaster plays a
crucial role in supervising maritime safety in accordance with their duties, including
ensuring compliance with safety standards. The principle of liability applied in
this case is the "presumption of liability," wherein PT ALP is deemed
responsible until it can prove otherwise. Dispute resolution efforts for
passengers affected by the ship fire can be pursued through both litigation
(court) and non-litigation (out-of-court) methods. Non-litigation options include
mediation, conciliation, and arbitration as regulated under the Consumer Protection
Law, which aim for mutually beneficial solutions (win-win solutions). If
non-litigation efforts fail, the case can be brought to court.
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Pages:81-88
How to cite this article:
Rhama Wisnu Wardhana, Edi Wahjuni, Risqiana "The responsibility of PT Atosim Lampung Pelayaran (ALP) for passenger losses due to ship fires". International Journal of Law, Vol 11, Issue 1, 2025, Pages 81-88
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