BILL OF LADING SEBAGAI ACUAN DASAR DALAM PELAKSANAAN TANGGUNG JAWAB PENGANGKUT TERHADAP KERUGIAN PENGIRIM DALAM PENGANGKUTAN LAUT STUDI KASUS KEBAKARAN M.V. SINAR JOMBANG

Bill of Lading as a contract for carriage of goods is a reciprocal contract between carrier and shipper, which carrier is committing himself to organize the transportation of goods and/or people from one place to a certain destinations safely, in the other side shipper commiting himself to pay some freight to the carrier as a compensation of the transportation. This definition describe the existences of rights and obligations that arise as a result of the existences of an agreement between the parties and proved by B/L as a deed contract between carrier and shipper which contains terms and conditions that elaborate rights and obligations for the parties that must be followed and implemented during the period of the contract. The purpose of this research is to find out the existences of the B/L as a contract for carriage of goods and be associated with implementation of liability of carrier against the loss suffered by shipper in carriage of goods by sea. Data used in this research are primary and secundary data that was collected by library and field research, conducted with performing bibliographical study, by interviews and field observation. Result of the research can be concluded that B/L as a contract for carriage of goods that had been agreed by both carrier and shipper, not allowed as a reference in implementation of responsibilities of parties. Due to fire incident of MV. Sinar Jombang, both carrier and shipper ruled out terms and conditions contained in B/L. Common practice in domestic container sea transportation assumes that all occurrences, barriers, impediments and cost occurred when the processing of the shipment which is start from received the container at CY in port of loading until the continer delivered at CY in port of destination, should be under liability of carrier, and all the cost occurred should be beared by carrier. This common practice becomes a form of legitimacy for the settlement of compensation proceed by carrier for the loss suffered by shipper in carriage of goods by sea