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RESPONSIBILITIES OF THE CAPTAIN IN A SHIP COLLISION BETWEEN KM TANTO BERSINAR AND TB MITRA JAYA XIX WHO ATTRACTED TK MAKMUR ABADI V IN THE WATERS AROUND BUOY NO. 3 WEST SURABAYA SHIPPING CHANNEL (APBS) (Study Decision of Shipping Court Number : HK.212/08/VI/MP/2022)
Abstrak (Bhs. Indonesia)
The Captain has responsibility for the safety and security of the ship during the voyage, including when an accident occurs due to his negligence or gross error. Based on this description, researchers are interested in conducting research on the Captain's Responsibility for Ship Collision Accidents (Study of Shipping Court Decision Number 212/08/VI/MP.2022) The formulation of the research problem is what are the responsibilities of the Captain in a ship collision between KM Tanto Bersinar and TB Mitra Jaya XIX who attracted TK Makmur Abadi V in the waters buoy No. 3 West Surabaya Shipping Channel (APBS) (Study of Shipping Court Decision Number : HK.212/08/VI/MP.2022). The method used in this research is normative juridical with analytical descriptive research specifications. The data source used is secondary data by collecting and using literature studies presented in narrative text, and the data analysis method used is normative qualitative. The results of the research and discussion show that The Captain of KM Tanto Bersinar did not carry out his responsibilities as a Captain or ship leader because he did not implement the provisions in Article 138 paragraphs (2) and (3) of Law No. 17 of 2008 concerning Shipping. The Captain of KM Tanto Bersinar continued to operate his ship even though it did not meet seaworthiness requirements and did not report the actual condition of the ship to the Syahbandar. Apart from that, the Captain of TB Mitra Jaya XIX did not carry out his responsibilities as a Captain or ship leader because he did not implement the provisions in Article 138 paragraphs (2) of Law 17 of 2008 concerning Shipping. The Captain of TB Mitra Jaya XIX does not show the hull navigation lights of the barge being towed. Therefore, the mistake of the Captain of KM Tanto Bersinar and TB Mitra Jaya XIX by not carrying out their responsibilities cause a ship collision between KM Tanto Bersinar and TB Mitra Jaya XIX in The Water Around Buoy No. 3 West Surabaya Shipping Route (APBS).
Abtrak (Bhs. Inggris)
The Captain has responsibility for the safety and security of the ship during the voyage, including when an accident occurs due to his negligence or gross error. Based on this description, researchers are interested in conducting research on the Captain's Responsibility for Ship Collision Accidents (Study of Shipping Court Decision Number 212/08/VI/MP.2022) The formulation of the research problem is what are the responsibilities of the Captain in a ship collision between KM Tanto Bersinar and TB Mitra Jaya XIX who attracted TK Makmur Abadi V in the waters buoy No. 3 West Surabaya Shipping Channel (APBS) (Study of Shipping Court Decision Number : HK.212/08/VI/MP.2022). The method used in this research is normative juridical with analytical descriptive research specifications. The data source used is secondary data by collecting and using literature studies presented in narrative text, and the data analysis method used is normative qualitative. The results of the research and discussion show that The Captain of KM Tanto Bersinar did not carry out his responsibilities as a Captain or ship leader because he did not implement the provisions in Article 138 paragraphs (2) and (3) of Law No. 17 of 2008 concerning Shipping. The Captain of KM Tanto Bersinar continued to operate his ship even though it did not meet seaworthiness requirements and did not report the actual condition of the ship to the Syahbandar. Apart from that, the Captain of TB Mitra Jaya XIX did not carry out his responsibilities as a Captain or ship leader because he did not implement the provisions in Article 138 paragraphs (2) of Law 17 of 2008 concerning Shipping. The Captain of TB Mitra Jaya XIX does not show the hull navigation lights of the barge being towed. Therefore, the mistake of the Captain of KM Tanto Bersinar and TB Mitra Jaya XIX by not carrying out their responsibilities cause a ship collision between KM Tanto Bersinar and TB Mitra Jaya XIX in The Water Around Buoy No. 3 West Surabaya Shipping Route (APBS).
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