Maritime Transport Regulation and Economic Losses from Ship Accidents: A Stakeholder Analysis of Liability and Compensation

Abstrak

This study aims to analyze legal liability and the distribution of economic losses arising from maritime transport accidents in Indonesia, framing ship accidents as legal and governance issues involving various stakeholders. The research employs a normative, juridical method utilizing conceptual and case-based approaches, supported by stakeholder analysis. Legal materials include legislation, court rulings, academic literature, and prior research concerning ship accidents, marine pollution, carrier liability, insurance, and compensation mechanisms. An analysis of the MT Samudera Biru 168–MV Rokan Permai, KM Zahro Express, and MT Kharisma Selatan cases reveals that liability for ship accidents extends beyond the fault of the master or operator; it also implicates shipowners, carriers, insurance companies or P&I Clubs, port authorities, regulators, and other parties within the maritime transport ecosystem. The findings indicate that the resulting losses are multidimensional, encompassing damage to vessels and cargo, passenger losses, environmental pollution, and economic impacts on communities and maritime activities. Accordingly, the effectiveness of the liability regime depends not only on identifying fault but also on allocating risk, ensuring adequate compensation, and coordinating stakeholders. The study recommends strengthening stakeholder-based governance and establishing more integrated compensation mechanisms.