The Responsibility of Freight Company in Term of an Accident with reference to Article 1367 of the Civil Code

Abstract

A Ship's Captain is the highest authority mandated by the Freight Company on someone to regulate and maintain passengers and cargoes. Therefore, the captain is responsible for the safety of passengers, crew management, and cargo. This study aims to analyze the responsibility of the Freight Company in terms of an accident with reference to Article 1367 of the Civil Code. The normative research method supported by secondary and primary data collected in the form of legislation on sea transportation and interviews with the Directorate General of Sea Transportation and analyzed through a qualitative approach. The results showed that the Freight Company is responsible for the negligence and mistakes of its employees, known as vicarious liability. However, these responsibilities are limited to the legal relations with seafarers' employment agreements, therefore, they can be sued for negligence and mistake made by the Ship’s Captain for violating operational standards.