At the end of 2006 to January 2007 have occurred two big accident cases transportation in Indonesia. Started from sinking occurance of Motor Senopati Ship of PT Prima Vista at 29th December 2006 at Mandalika Island, Jepara, Central Java during the sailing from Kumai, South Kalimantan Tanjung Mas Harbor, Semarang and which was followed by the missing of Boeing 737-400 with flight number of KI 574 belonged to the Adam Sky Connection Company, flew from Surabaya, East Java to Manado on 1st Januari 2007 around 85 mile of the sea surface (157.42 km) of the Western North of Makasar. Two accident cases perceived as a highly critical occurences for the transportation in Indonesia, despite known as major condolences In Indonesia, which lost hundred of passengers, died, or injured and also could quiestionable issue for us, what seems to be the real issue here? Those occurances answered by the replacement several eselon officers in the Transportation Departement, such as General Director of Sea and Air Transportations and the Head of Committee of National Transportation Safety (KNKT). With the replacement of the several officers, could not be considered as a final solution here, because the major cause of those accidents case occurred still needs to be disclosed and legally solved, thus, the whole issues or the accidents case occurred, whether caused by human error (pilot, captain or etc), poor management or technical error which stated as the major causes, should still considered as the liability of the Carriers.
Issues could not simply by providing condolences lines or providing insurance support by the Jasa Raharja company, because the main aspect related to transportation users (passengers or delivery companies), despite the security and comfortness aspects, is the safety aspect. Safety aspect consist of (3) three elements that sholud be considered, which are, Firstly, from the government perpective which made the regulation, secondly, Operator which implement the regulation and lastly, the transportation’s users1. If the regulations not properly applied and implemented, whether by the government, operator or the transportation users, thus continuously accidents will be occurred, such as several accidents occurred currently.
Interestingly to be discussed in those cases and also several accidents that has been occurred before are rather rare or even has not be quiestioned abaout the liability of the carrier, perceived from the civil law perspective, as the form contract of carriage between the carrier and the transportation’s users, especially to give compensation to the passengers. According to HMN Purwosujtipto, “contract of the carriage is the two way beneficial advantage between the carrier with the transportation’s users, ehre the carrier bind themselves to provide goods delivery and/or passenger from one certain palce to another in a safe manner, while the transportation’s users bind themselves to pay the transportation fare”2. As the consequence of the related in contract of the carriage, if the carrier could not accommodate or deliver service users towards the certain locations safety, thus, the carrier must be liable for giving the compensation. However, what has been ocurred currently related to accident cases, the carriers are still protected behind insurances provided by the Jasa Raharja Insurance Company, which seems that, the insurances from the Jasa Raharja perceived as partial the liability of the carrier. In fact, from the legal perspective, the liability of the carrier is not identical with the insurance’s issue, particulary the insurance provided by the Jasa Raharja Company. In order to avoid a wrong assumption, which could bring loss for the transportation service users, this ini this article will be discussed about how is the actual the liability of the carrier as the operator related to the transportation accidents?, especially in the sea and the air transportation and how is the relationship with Jasa Raharja Insurance Company? |