Pertanggungjawaban Dalam Kecelakaan Kapal Barang Yang Mengangkut Penumpang (Studi Kecelakaan Kapal Wicly Jaya Sakti di Perairan Jambi)

Abstract

Indonesia is one of the countries that has the largest archipelagic geographical characteristics so in transportation activities between one region and another it is necessary to have adequate transportation facilities and operational feasibility, especially sea transportation, for example, ships. Based on the classification, ships are divided into various specifications for their use, such as cargo ships, passenger ships, passenger-cargo ships, and others. For this reason, the ideal ship should be used according to the initial function of its manufacture and should not deviate from that purpose, for example, a ship that is made only to function as a carrier of goods, there is no reason to carry passengers. The real example that the author gives here is the KM Wicly Jaya Sakti ship accident that occurred in Jambi waters on May 22, 2021, at around 06.00 WIB which resulted in 26 people drowning. Where this ship only meets the specifications of a freighter. Based on these problems the author tries to analyze how the form of liability for the accident of the cargo ship carrying the passenger. To solve this research, the author will use normative legal research that is guided by the study of documents or literature. The results of the study indicate that the implementation of liability in the KM Wicly Jaya Sakti ship accident is quite complicated because the ship only meets cargo ship certification, for example, passenger tickets as insurance claims are not provided.