TINJAUAN HUKUM TERHADAP PERJANJIAN PENGANGKUTAN BARANG DENGAN SISTEM CONTAINER (Suatu Studi di PT. Samas Kendari)

Abstract

This study aims to 1) To find out and understand the implementation of the agreement for the transportation of goods with the container system at PT. Saman Kendari, 2) To find out and understand the responsibility for implementing the agreement for the transportation of goods with the container system. The study was conducted at PT. Samas Kendari and this study uses qualitative descriptive, namely an explanation with a theoretical aspect as a basis for thinking, then increasing to things that explain the reality obtained in the field. Furthermore, a legal aspect of proof is carried out, whether the theory or arguments are true in reality and finally drawn in a conclusion to be able to answer the problem. The results of the study show that the transportation agreement occurs because of an agreement between the sender (shipper) and the carrier (carrier), where the carrier binds himself to organize the transportation to a certain destination and the sender binds himself to pay the costs. And as a sign of receipt, the carrier will issue a Bill of Lading which is the transportation document itself. Responsibilities of the Parties in the transportation agreement, there are 2, namely the sender of goods (shipper) and the carrier (carrier) where both have different responsibilities. The responsibility itself essentially consists of two aspects, namely the obligation (responsibility) and the responsibility for compensation (liability). PT. Samas Kendari as a carrier is obliged to organize the transportation and maintain the safety of the goods being transported until they are handed over to the recipient of the goods at the destination port. While the responsibility of the sender is to provide true information regarding the nature, type and quantity of the goods to be transported and to pay the shipping costs.