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Supreme Court Decision Number 245 PK/Pdt/2017 dated 19 June 2017 regarding Ship Collision

  • Writer: Hutauruk Mirdiyan Roem & Partners
    Hutauruk Mirdiyan Roem & Partners
  • Jun 23, 2022
  • 1 min read

The Indonesia Supreme Court Decision Number 245 PK/Pdt/2017 ruled that shipowner could be considered to be jointly and severally responsible with the master of its vessel towards the damages arising from a ship accident, particularly on ship collision due to the fault (negligence) committed by its master of the vessel. With legal consideration that shipowner is responsible to supervise its vessel.


Based on the Indonesia Supreme Court through Decision Number 245 PK/Pdt/2017 that reaffirm the District Court Decision Number 13/Pdt.G/2013/PN.Sky. jo. The Supreme Court Decision Number 2539 K/Pdt/2014, it is comprehended that the Judges did not consider and apply the provision of Article 342 IComC jo. Article 245 jo. Article 249 Law Number 17 of 2008 on Shipping that specifically regulate the master of vessel is responsible for all loss suffered by the aggrieved parties arising from the vessel accident including a ship collision due to the master's fault, unless the master of the vessel can prove otherwise.


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