TANGGUNGJAWAB PERUSAHAAN BONGKAR MUAT TERHADAP KERUGIAN YANG DITIMBULKAN DALAM PROSES BONGKAR MUAT OLEH PT. PRIMA MORAMO TRANSINDO (Suatu Studi di Pelabuhan Nusantara Kendari)

Abstract

This study aims to: 1. How is PT. Prima Moramo Transindo's responsibility for losses incurred in the loading and unloading process 2. How is the implementation of loading and unloading of goods carried out by PT. Prima Moramo Transindo at the Port of Nusantara Kendari. The study was conducted at the Port of Nusantara Kendari, the study used primary and secondary data used and qualitative analysis, namely examining and reviewing legal material data and all types of information and data obtained, then described in the form of a logical and systematic description to answer the problems in this study so that conclusions and solutions to the problems can be obtained. The results of the study indicate that in 1. the implementation of loading and unloading of goods at PT. Prima Moramo Transindo at the port of Nusantara Kendari using mechanical and non-mechanical equipment, in determining the loading and unloading rates in principle have been regulated by the Government through the Regulation of the Minister of Transportation No. KM 152 of 2016 Article 18 paragraph (3) states that the amount of the service fee for loading and unloading services from and to ships is determined based on a mutual agreement between the service provider and the service user based on the type and structure and tariff group using the calculation guidelines set by the Minister of Transportation. The implementation of loading and unloading of goods at the port includes stevedoring, cargodoring, and receiving/delivery. 2. that the responsibility of PT. Prima Moramo Transindo for losses arising from goods in the loading and unloading process is in accordance with the provisions contained in Article 468 paragraph (2) of the Commercial Code, namely that the company is only responsible for losses arising during the loading and unloading process and is not responsible for losses arising outside the loading and unloading process. If the company can prove its innocence, it is released from the responsibility to replace the losses.