Carter Kapal Dan Pertanggung Jawaban Hukum Pencemaran Laut

Abstract

Charter according to time is an agreement with which one party (the charterer) binds himself to, for a certain time, provide a certain ship, to the other party (the charterer) with the intention of using the ship in sea voyages for the needs of the latter party , with the payment of a price, which is calculated according to the length of time. Whereas charter according to voyage is 78 │Jurnal Maritim Indonesia│ Maret 2023, Volume 11 Nomor 1 an agreement, whereby one party (the charterer) binds himself to provide a certain ship, wholly or partly, to the opposing party (the charterer) with the aim of transporting people or goods by sea, in trip or more, with the payment of a fixed price for this transportation. Responsibility for Marine Pollution There should be regulation of marine pollution so that if there is marine pollution, whether intentional or not, it will be clear how accountability is carried
out. The law on marine environmental pollution is broadly divided into two, namely according to the International Environmental Law Instrument and according to the National Law of Chartering a ship, which is different from ordinary charter boats because apart from chartering a ship, the charterer or charterer can also recruit crew members who have been provided by the ship owner. but it can also only be by renting the ship, the charter of the ship has an agreement and the agreement can be canceled if in accordance with Article 458 of the Criminal Code which reads: "If the ship at the time specified in the agreement is not available
to the charterer, he can terminate the agreement, and notify by written to the other party. However, he has the right to compensation without the requirement that the headquarters benegligent, unless the charter company proves that the delay cannot be blamed on him. Unless the charterer can claim compensation from the ship owner without declaring negligence. Apart
from discussing ship charters, there is also accountability for marine pollution from international and national laws. There was also a case where at first it was thought that sea pollution occurred due to a leak in an oil pipeline, but research needed to be carried out to prove it was oil or even something else.