Limitation of Harbormaster Responsibility in Ship Accidents

Abstract

As the government in the port, the harbormaster has the responsibility to guarantee the safety and security of shipping. In shipping, the harbormaster, shipowner and captain are the trident of the security and safety of shipping. This research is a normative-legal research using a statute, comparative and conceptual approaches. The research results indicate that the concept of limiting the responsibility of a harbormaster in a ship accident is a ship accident not necessarily a criminal offense prior to the preliminary examination by the harbormaster and a further examination by the shipping court, if the results of the examination indicate a criminal act, the parties The police can conduct investigations into ship accident events based on the results of the examination by the harbormaster and the shipping court. In the event of a ship accident, the harbormaster has a relative or limited responsibility to the fulfillment and compliance of the implementation of maritime safety, security and safety of shipping in the form of the issuance of a sailing approval letter for ships leaving the port in accordance with applicable rules and procedures so that the harbormaster is not absolutely responsible for the circumstances that occur after the ship leaves port, but it has become the authority and responsibility of the ship commander.

Received: 17 January 2021 / Accepted: 9 April 2021 / Published: 10 May 2021