General Review of Legal Relations and Responsibility Carriers in Sea Transportation

: The issues raised in this journal are about how the responsibility of the carrier in the implementation of the transport of goods through water transport, especially sea transportation. This is intended to determine the role that must be done by the carrier in the transportation process in order to achieve the maximum goal. This study also describes how the legal relationship between the carrier and the user of the freight service so that both parties can bind each other in the process of transportation so that there is no loss or other undesirable things. It can be deduced that in a transport of goods carried by the carrier through water transport is the responsibility of the carrier if someday there is a loss or bad things during the transportation process. Therefore, it is necessary full sense of responsibility from the carrier and also the legal relationship between the carrier and the user of the transport service to ensure the safety of the goods he was transporting until the goods arrived at the destination. There should also be a loss if an accident is found on the goods being transported.


I. INTRODUCTION
Transportation in Indonesia has an important role in promoting and accelerating domestic and foreign trade because of the transportation can accelerate the flow of goods from the production area to the consumer so that consumer needs can be met. This can be seen in the current development of transportation services in Indonesia began to show progress, as evidenced by the marking of many industrial companies who believe to use transportation services.
Transport by Purwosutjipto is a reciprocal agreement between the carrier and the sender, whereby the carrier binds to carry out the transport of goods and /or persons from a certain place to the destination safely, while the sender binds himself to pay for the transportation. The purpose of transport is to move goods from the place of origin to the destination to achieve and enhance the benefits and efficiency. Broadly speaking the mode of transportation may be classified as follows: land transport, sea transport, and air freight. Of the three types of transport modes mentioned above, sea transport has a very big role in transportation for Indonesia. Considering the vital importance of transportation for the economy, sea transportation must be developed properly and correctly to support economic growth. The challenges of transportation development are very complex, including sea transportation as a result of global economic developments in recent years. Therefore, the development of sea transportation should not only be oriented on a national scale, but must also be oriented on a regional and international scale. 2 In addition, in a more distant context, to overcome poverty one of the efforts is to optimize the utilization of available natural resources, and the distribution of the results needs to be supported by adequate infrastructure. One of the infrastructures that can support poverty alleviation is sea transportation facilities and infrastructure. The provision of sea transportation is very necessary to connect an underdeveloped/poor area with a more developed area. With the connection between developed areas and poor/isolated areas, it is hoped that people's living standards can increase and poverty can be reduced.

II. METHODS
In a study required the existence of several methods of primary data collection methods and secondary data collection. the explanation in this journal using secondary data collection method. In writing this journal the authors seek information and data from various sources of existing libraries. The author also obtained various sources from previous official journals which were then linked to the journal theme taken by doing many considerations and adjustments. The data obtained from the research results are grouped and selected then connected problems that will be examined according to quality and correctness and in accordance with the rules of law so that will be able to answer the existing problems.

III. LEGAL ASPECTS IN SEA TRANSPORTATION
As a service activity in moving goods or passengers from one place to another, transportation plays a role in realizing the creation of a dynamic pattern of national distribution. The practice of carrying out a transport should be able to provide the maximum value for use in the world of commerce. And in the implementation should be done fairly and equally to all levels of society and more prioritize the interests of public services for the community.
According to R. Soekardono, it is absolutely necessary to achieve and raise the benefits and efficiently. The process of transportation is a movement from the place of origin from which the transport activity begins to the destination where the transport is terminated. c. People's voyage, i.e., cruise Nusantara by using sailboats.

Foreign Sea Transport
It is sea transport activities from ports or special terminals open to foreign trade to foreign ports or from foreign ports to Indonesian 3 R. Soekardono, Hukum Dagang Indonesia. (Jakarta: CV. Rajawali, 1981). ports or special terminals open to foreign trade organized by sea transport companies or in the sense of being carried out by sea freight free that connects one country to another. Overseas shipping, which includes: a. Ocean Cruise Close, ie a voyage to the port of a neighboring country that does not exceed 3,000 nautical miles from Indonesia's outer harbor, regardless of department; b. Ocean voyage, the voyage to and from abroad that is not an ocean voyage.

Special Sea Transport
Is a transport activity to serve the interests of its own business in supporting its main business.

Sea-Cruise Sea Transportation
Is a traditional effort of people and has its own characteristics to carry out transport in the waters by using sailboats, motorized sailboat, and / or a simple flagship motor flag Indonesia with a certain size. 4 Transportation serves to move goods or people from one place to another in order to increase the usability and value. The process of moving goods is done by land, sea, air and land or river waters by using various types of transportation in accordance with their needs. 1. Sea Transport is a transport activity which according to its activities serves sea transport activities.
2. River and Lake Transport is a transport activity that includes reservoirs, swamps, anjir, canals.
3. Ferry Transportation is a transport that serves as a moving bridge that connects the road network and / or rail network that is disconnected because of the water.
Based on developments in the practice of import-export trade shows that the use of sea transport is still dominant, reaching 95%, but compared with the means of land and air transport. It is therefore thought to use integrated transport, combined transport (combined transport) or by various modes of transport (Multimodal transport).
Multimodal transport (intermodal transport) is the transport of goods by vehicle from one destination to the destination using a single transport document, called Multimodal Transportation Document, Multimodal Transport Bill of Lading, Combined Transportation B / L. Thus, multimodal transport is the delivery and receipt of goods (export-import) in one package, or in other words, provide service by door to door or One Stop Service from the place of origin to the destination goods. The multimodal implementer is called the Multimodal Transport Operator.
The carriage of goods by sea shall be accompanied by a letter of transport called a "Bill of Lading", is a letter or dated document, in which the carrier declares that he has received certain items for transport to a designated destination together with clauses, clause on the submission (Article 506 Indonesian Commercial Code or KUHD). In the carriage of goods, it is possible that an event that may cause harm to the owner or shippers of goods, the loss can be a reduction in the amount of goods, damage to it can be filed demands compensation to the carrier. The legal relationship between the carrier and the user of this transportation service has been regulated and guaranteed its legal certainty in the legislation and its implementation is done through the agreement. 5 According to Siti Utari, the general understanding of the transport agreement is as a reciprocal agreement, in which the carrier binds itself to carrying the transport of goods and / or persons to a certain destination, while the other party (sender-receiver, sender or receiver, passenger) is obligated to perform payment of a certain fee. In the sea freight agreement itself the legal relationship between the carrier and the user of the transport service is of equal or equal status and mutual coordination. Unlike the case with labor agreements in which the parties are subordinated. 6 According to the Indonesian legal system, the transport agreement is not required to be written, simply by verbal, provided there is a consensus conformity. From the above understanding can be interpreted that for the existence of a transport agreement is enough with the consensus between the parties, this is as regulated in the  Such responsibility is also known in the common law system, if the passenger as the consumer wishes to obtain compensation for the loss suffered, the passenger shall prove the mistake of the carrier as the business actor. This provision is in line with Article 143 of Law 17/2008, which states that the carrier is not liable for damages due to lost or damaged baggage of the cabin, unless the passenger can prove that the loss is caused by the act of the carrier or the person he hired.
Thus, it can be seen that against the baggage loss of the cabin, to file a claim, the passenger must prove that the loss was due to the mistake of the carrier or the person he employed. Responsibility on the basis of errors must meet the following elements: (1) There is an oversight; (2) Loss, and (3) The disadvantage exists with an oversight. 13 In the carriage of goods, it is possible that an event that may cause harm to the owner or shippers of goods, the loss can be a reduction in the amount of goods, damage to it can be filed demands responsibility is due to an accident. An accident is an undesirable and unexpected event that may cause human and / or property loss. 16 The extent of the responsibility of the carrier in the transport of goods and the passenger of the sea transport of commerce in practice / custom there are 2 (two) kinds.

From tackle to tackle
This means that the responsibility for transport begins once the cargo or passenger is removed in the hull of the loading and ending vessel to the destination port.

From warehouse to warehouse
This means that the responsibility of the carrier begins since the goods entered the shippng company's warehouse loading ports ends up to the warehouse shipping company at the port of destination until the goods are delivered by the sender or owner. use of settlement of responsibilities, on the basis of freedom of contract. If this principle is used then the transport agreement shall be expressly stated, for example in the transport document.

Limitation of Liability
If the amount of indemnity as stipulated by Article 468 of the Criminal Code is not restricted, then there is the possibility that the carrier will suffer loss and fall into bankruptcy. Avoiding this, the law provides restrictions on compensation. Thus, the limitation of indemnity may be made by the carrier himself by means of a clause in the charter party, and by the legislator.

Presumtion of Non-Liability
In this principle, the carrier is deemed to have no responsibility. In this case, it does not mean that the carrier relieves itself of its responsibilities or is liable to be dependent on the object it carries, but there are exceptions in accounting for an event on the object in the transport.
The principles of responsibility of carrier companies governed by the Shipping Law contained in article 40 and 41 states that transport companies use the principle of responsibility of the absolute carrier and the principle of guilty presumption responsibility. 19

IV. CONCLUSION
In the realm of transportation there must be a reciprocal relationship between certain parties namely the carrier and also those who use the transport services. In such reciprocity there is no denying there could be a dispute or accident in the case of transportation. Therefore, in order to avoid such matters, it is necessary to have a legal relationship binding and regulated in law between both parties or more so that the transport process can run well and guaranteed performance and quality. Not only a legal relationship between the carrier and the carrier, but also the full sense of responsibility of a carrier. A carrier shall be responsible for the mandate given by the user of the freight service on the goods or the other in the event of a damage occurring which results in a loss to the user of the carrier. A carrier must be responsible for what he hauls so that the goods transported can also get to the destination in good condition and in accordance with the wishes of the service user.