PENERAPAN FORCE MAJURE DALAM PERJANJIAN ANGKUTAN LAUT ANTARA PT. PELAYARAN KURNIA SAMUDRA DAN PT. ANCARA LOGISTICS INDONESIA

Abstract

In sea transportation agreements, there are no escape from disputes such as what
occurred in the agreement between PT. Pelayaran Kurnia Samudra and PT.
Ancara Logistics Indonesia. In the implementation of the agreement, a force
majeure event occurred which resulted in the fulfilment of achievements being
hampered by PT. Pelayaran Kurnia Samudra. Therefore, the purpose of writing
the thesis is first, to find out the application of force majeure in the study sea
transportation agreement between PT. Pelayaran Kurnia Samudra and PT.
Ancara Logistics Indonesia. Second, to find out the legal rules in determining
force majeure in the sea transportation agreement between PT. Pelayaran Kurnia
Samudra and PT. Ancara Logistics Indonesia.
This type of research classified as a type of sociological juridical research. The
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.
There are two main things that can be concluded. First, the non- fulfillment of
force majeure elements by PT. Pelayaran Kurnia Samudra caused them to have to
pay for the late delivery of goods due to a lack of sufficient evidence to convince
PT. Ancara Logistics Indonesia that there has been a force majeure. Second, to
determine force majeure events, Article 41Paragraph 2 of Law Number 17 of
2008 Concerning Shipping can be used a 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 force majeure clause clearly in the agreement to
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 reference to protect the interests of the parties so
that there is a balance in the severity of responsibilities and rights.
Keywords: Force Majeure – Agreement – Ocean Freight