Penyelesaian Sengketa Ganti Rugi Pengangkutan Barang Melalui Laut (Suatu Studi di Pelabuhan Belawan)

Abstract

 The more increased of export-import international trade intensity especially related to goods transportation via sea transportation, the more potention for creating variety of conflicts among parties. In facing this condition, it is estimated that either Indonesia court system or other states are uncapable fulfilling the more complex needs of business doers accurately, recisely, safe and smooth for the needs of any party. This research is carried out by the existence of developing signal at society, particularly or business doers in which the mechanism of court process for the present time is not responsive immediately, precisely, fairly, simple and little-cost anymore toward dispute resolution. Without neglecting the importance of court role, it is necessary to search of how lispute resolution beyond court in using mediation forum as the alternative for dispute resolution and as one of very effective ways to solve international business doers, especially lispute resolution of compensation for goods transportation via sea transportation as Belawan Harbour. The objectives of this research is to know and explain form dispute resolution for compensation of goods transportation and its resolution mechanism at Belawan Harbour, factors ncouraging business doers in looking for dispute resolution beyond court, chances and indrances faced by business doers in dispute resolution and advantages of using negotiation nediation facility in the dispute resolution of goods transportation at Belawan Harbour. In discussing the cases above, it is necessary to carry out research with descriptive and nalytical. The location of research is at Belawan Harbour, Packaging Terminal Unit Gabion Belawan Harbour as the biggest export-import harbour in North Sumatera. The population and ample is taken from INSA (Indonesian National Shipowner Association) member and export- import service included in GAFEKSI member. As respondent, it is determined 10 (ten) Sailor gent and 10 (ten) service users of export-import which are still active operating in Belawan Harbour. This research uses yuridicative-normative approach, and the tool in primary data collection is questionnaire, interview, and document study. Whereas, secondary data is taken rom library research and which is then analyzed with qualitative approach. Result of research shows that there is tendency for the related parties in goods transportation via sea at Belawan Harbour to resolute is dispute beyond court by using mediation facility, because its from of resolution is very efficient and effective with so simple, ractical, economical, uncomplicated procedure, and cheap cost. The existence of thought using  legal culture as one of persuasive efforts with the intention for maintaining personal relationship which has been long done, or in other words, to maintain business relationship for giving advantages, for both parties. The chance of mediation is open because it uses win-win solution in getting the agreement, so that it produces one good business relationship especially regarding dispute resolution of goods via sea which is better and it gives advantages for mutual needs. The medication can produce one agreement resolution of goods transportation through sea, compared to other methods. Further, the resolution may be based on consensus as the core teaching of this dispute resolution as the part of law cultural which is still depended by the people of Indonesia. It is suggested for the government, institution/legislative, State Institution (including National Law Maintenance Board), authorized state officers and related party to maximize the preparation for forming one law base for the development and institutionalization of negotiation medication facility as one alternative for dispute resolution of business for goods transportation through sea. It is necessary to have support for growing business dispute resolution by using legal culture as the potention of Indonesia Nation. Here, it is necessary to have base understanding for business doers regarding the use and advantages of using medication facility. Also, it is necessary to have socialization due to the case above for business doers periodically considering that the use of negotiation mediation in international business development has been globally used. It is attempted to from mediation center at every sea harbour in the region of Republic of Indonesia to overcome the possibility of occurring conflict at goods transportation via sea between the parties in anticipation the hindrances for loading unloading smoothness for import and export in harbour.