Elly Kusumawati, Elise
Dwi Lestari, Agus Prawoto
Shipping
Polytechnic Surabaya, Indonesia
Email:
elly.kusumawati@poltekpel-sby.ac.id, elise.dwi@poltekpel-sby.ac.id,
agus.prawoto@poltekpel-sby.ac.id
|
KEYWORDS Juridical review; marine cargo; freight
agreement |
ABSTRACT The Indonesian
nation is located along equator, a a very strategic
potential that crosses between two ocean big, that
is Ocean Indian and Ocean Pacific, and between two continent that is Asia and
Australia continents. Beside that the Indonesian people have riches diverse
nature variety, both on land as well as at sea. Study this aim for get description how Overview Juridical
Implementation of Marine Cargo Insurance in the Agreement Freight Sea at PT.
Insurance Sinar Mas for interpreted to in a the description presented in form of words. Study this aim for
get description how Overview Juridical Implementation of Marine Cargo
Insurance in the Agreement Freight Sea at PT. Insurance Sinar
Mas for interpreted to in a the description
presented in form of words. because of that, research this use approach
qualitative descriptive. Condition coverage in Marine Cargo Insurance
guaranteed by PT. Insurance Sinar Mas serves 3
(three) conditions coverage. Election condition by the insured influence
quantity premium must paid as well as breadth guarantee the danger posed by
the insurer. So that the consequences is condition
of the policy purchased in accordance the dangers that can guaranteed that 's what can submitted accompanied completeness
document claim. |
INTRODUCTION
The
Indonesian nation is located along equator, a a very
strategic potential that crosses between two ocean big, that is Ocean Indian
and Ocean Pacific, and between two continent that is Asia and Australia
continents (Utari, 1994). Beside that the
Indonesian people have riches diverse nature variety, both on land as well as
at sea. So location and shape Indonesia 's geography
as well as riches abundant nature that, has make Indonesia's position is very
unique in the international world, especially in the field of law sea. (Chandra
Motik Yusuf, Archipelago Country Towards a Maritime
State: 75 Years Prof. Dr. Hasjim Djalal,
MA, IND HILL.CO, Jakarta, 2010, p. 1).
Indonesia is an archipelagic country
consisting of on variety ethnic group nation and consists of from thousands
island (Subandi, Chizanah, & Subhan, 2022). For
make it easy connection or interaction between Public from one island with
island other so Public need a means transport. one
means more and more transportation develop mature this is transport sea.
Freight through sea must based on on
consideration will safety and security. Boat sea capable for To do transport
with more capacity many from the means transport other (Soekanto, 1986).
Freight
goods (cargo) via sea occupy position important. Especially one priority from
Government Cabinet Work is expedite transport goods through sea, known with
toll sea. According to data from the Central Statistics Agency (BPS) for 2021,
the volume of goods transported through sea amounted to 313.02 million tons.
However no could denied again that every things to do good use means transport
sea nor through means transport land and air together have the risk that must faced by the parties (Soemitro, 1990).
Related
with that, needed presence company insurance as diversion risk on possible loss
arise because happening various type incident that doesn't unexpected. Presence
company Insurance is also felt by the business world remember put together
party there is various the risk that basic and rational feel could disturb
continuity activity his efforts. Every decisions taken
man in undergo his life always contain risk. Risk is possibility the loss that
will experienced, resulting from a possible hazard happened, but no is known
more formerly is Thing the will happen and when will
happen.
Risks
the character no sure, no is known with certain is will occur in time close or
will occur in the future day, when risk the happen, no is known how many the
loss that will caused by economical. one method for divert risk the is with
method divert risk (Transfer of Risk) to other party outside self human. At the moment this other party who is able
accept risk and ability manage risk the is company
insurance (Soekanto, 2004). Diversion risk to company insurance no occur so just
without obligation anything to the transferring party risk. That thing must promised more formerly with what is called with agreement
insurance. In agreement insurance, transferor risk called as insured whereas
receiving party risk called as guarantor.
Frequent
problems occur in connection with transport sea is big the risk that will faced
by the carrier. Insurance Company as guarantor move for replace position
insured in take over the risk that was Becomes burden si
insured including take over payment loss for party third on demands losses
incurred when boat operated (Hamdani, Moës, & Amighi, 2003).
PT. Insurance Sinar
Mas already stand up since May 27, 1985 with name of PT. Insurance Loss Sinar Mas Dipta, then in 1991
changed her name become PT. Insurance Sinar Mas. PT.
Insurance Sinar Mas is one of the company insurance
largest in Indonesia. PT. Insurance Sinar Mas
organizes insurance transport include: Marine Hull and Marine Cargo and Simas
Ships. Marine cargo insurance more known with insurance transport goods through
sea, insurance this provide cover risk to goods through something means
transport / tools transport boat sea (Aldana, 2014).
Simas
Marine Cargo, is product insurance superior Insurance Sinar
Mas who gives protection if occur risk risk on
transported goods through means transport / tools transport good land, air nor
sea. PT. Insurance Sinar Mas for support insurance
program stated national in Regulation of the Minister of Trade No. 82 of 2017
which then perfected amendment first No. 48 of 2018 and amendments second no.
80 year 2018 (Peter, 2006).
Insurance
payload boat sea or marine cargo insurance is very important thing in
continuity practice service service delivery goods
through boat sea (good expedition as well as cargo). However in various
practice is known that no all company service expedition and cargo To do
closing insurance to things done delivery (Purwosutjipto, 1991).
Based
on the description above, then the author is very interested for discuss and
explain more carry on related with closing insurance on object delivery, i.e. shipped goods when happening danger maritime and non -
maritime which causes lateness delivery goods, damage item, lost goods even until
its annihilation goods sent, so that writer arrange one creation scientific
title: Overview Juridical implementation of Marine Cargo Insurance on the
Agreement Freight Sea at PT. Insurance Sinar Mas.
METHOD RESEARCH
Study this aim for get
description how Overview Juridical Implementation of Marine Cargo Insurance in
the Agreement Freight Sea at PT. Insurance Sinar Mas
for interpreted to in a the description presented in
form of words. because of that, research this use approach qualitative
descriptive (Creswell, 1998).
More specific, research this also works for
describe something phenomenon " like "what"need"
revealed with clear and transparent through the collected data from
participant. In other words, research this strive explore something phenomenon
or events that contain about description real or reality to How practice
fulfillment Marine Cargo Insurance claims at PT. Sinar
Mas against suitability regulations in the field insurance ?
Related with the above
explanation, then study it also uses design studies case that is attempted
describe something background, object or incident in transport sea at PT. Insurance
Sinar Mas by detailed and in- depth. Study this will
produce related detailed information terms and practices in insurance payload
sea, which is possible no can obtained from type study another. With Thus,
information, events the is something the case to be researched, explored and
interpreted in form of words clear, gambling and transparent (Creswell, 1998).
In accordance with
title and focus, research this held in an insurance company. Before To do
research, researcher need To do a studies preliminary
for ensure linkages Among focus study with phenomenon what actually happened in
the company insurance that. In To do studies preliminary this one necessary
thing is known is that college tall the place writer work once have good relationship with researched place that. This is
very useful for To do investigation beginning related
with focus research. It also gives convenience access to researcher for To do
observation or investigation beginning the although the data obtained from
activity investigation and observation beginning this no shown in study this (Khairandy, Tabroni, Arifuddin, &
Santoso, 1999).
Study this done
with use a number of technique for collect data online
thorough and natural. The main techniques used by researchers is an in-person
interview deep with subject research. This interview is very important for
obtain primary data in the form of statement verbally or oral from data source
or participant (Creswell, 1998).
Interview conducted
about 15 - 30 minutes. Interviews were carried out in the offices of each
participant who had appointed on the sidelines free
they by take turns one by one. In conducting
interviews, researchers make or prepare a number of question.
However, no close possibility that researchers also develop questions that have
been made or prepared the in accordance with development information provided
by participants (Indonesia, 2003).
Other techniques
used by researchers is observation. Activity observation this aim for obtain secondary
data that supports the primary data obtained researcher. Activity observation
conducted with retrieve data in the form of document like photos, letters and
others as proof authentic for support the interview data above. Documents the
containing description incident related with transport stuff. events the
recorded or immortalized in form taking pictures or even letters showing proof
strong existence maintenance marine cargo insurance by PT. Sinar
Mas. The most important again in activity observation this is that researcher
Act as observer participant During To do observation at PT. Insurance Sinar Mas researched that. It is very important because
researcher no want to involved by direct regarding with topics current case
researched. In other words, researchers working as an outsider who only want to
get data without involved direct in activity the as an insider. Temporary that,
documentation can also conducted with method ask by direct data or files
written as supporting data that has been saved or perpetuated by participants (Hamzah, 2022).
RESULTS AND DISCUSSION
a.
How Condition coverage in Marine Cargo Insurance guaranteed by PT. Sinar Mas
Based on results Interview with Mr
June from PT. Insurance Sinar Mas, obtained
information that:
“Types coverage Insurance Freight The sea provided by PT.
Insurance Sinar Mas includes :
Institute Cargo Clause "C", Institute Cargo Clause "B", Institute Cargo Clause "A" and Total Loss
Only".
Discussion
a.
Institute
Cargo Clause "C",
Guaranteed risk include:
1.
Insurance this ensure all loss
or damage to the insured object except to the risks are set out in Clauses 4,
5, 6 and 7 below.
2.
Insurance this ensure loss
general and cost rescue, whose reckoning based and determined in accordance
contract transportation and/ or provision applicable laws and practices, which
arise for avoid or related with things for avoid loss due to anything, except
what is excluded in clause 4, 5, 6 and 7 or anywhere stated on insurance this.
3.
Insurance this expanded for
give change make a loss to Insured to loss that becomes not quite enough the
answer in contract transport under clause “ Collision
Ship Where Both of them Guilty “ if the loss guaranteed . In Thing arise claim
from owner boat based on Clause that , the insured
agree telling you Insurer where Insurer entitled for maintain self with the
cost to be responsibility , for defend Insured to claim so.
Exception
In Thing whatever insurance this no
guarantee:
4.1 loss damage or costs resulting from
willful misconduct by the Insured
4.2 reasonable leakage, reduced heavy or
reasonable volume, or reasonable wear from insured object
4.3 loss damage or costs caused by not
sufficient or no accordingly wrapping or setup insured object (for necessity
This clause 4.3, “wrapping” is considered including composing goods in the
container or car box, but only if composing the conducted before start take
effect insurance this or carried out by the Insured or employee)
4.4 loss damage or costs caused by damage
alone or nature natural from insured object
4.5 loss damage or costs that are proxima caused by the delay, although lateness that caused
by the insured risk (unless cost that can be paid based on Clause 2 above)
4.6 loss damage or costs incurred from
insolvency or failure finance owner manager charter or ship operator
4.7 loss damage or costs incurred from
usage weapon war anything that uses atomic energy or fission and/ or fusion
nuclear or other reactions like or strength or radioactive material
5 5.1 In Thing whatever insurance this no
ensure loss damage or costs incurred from unworthiness ocean boat or boat, no
perfection boat boat tool transport container or box
car for safe transportation on insured object, where Insured or the employee
knowing unworthiness ocean or not perfection that, at the time insured object
loaded to inside
5 5.2 Insurers ignore every violation requirements that are not written (implied warranty)
regarding seaworthiness ship and perfection boat for transport insured object
place purpose, except Insured or the employee knowing unworthiness ocean or not
perfection it's 6 In Thing whatever insurance this no ensure loss damage or
costs caused by:
6.1 war war
sibling revolution rebellion generation people, or unrest arising civil
thereof, or each actions that are hostility by or to
the ruling party
6.2 confiscation, confiscation, arrest,
restriction freedom, or detention (except piracy) and consequences from to her
or test for To do Thing the
6.3 mine torpedo bomb or weapon war
others who don't taken care of again
7 In Thing whatever insurance this no
ensure loss damage or cost
7.1 caused by strikers, affected workers
obstruction work, or people who take part in disturbance labor, riot or riot
7.2 arising from strike, obstruction
work, distraction labor, riot or riot 7.3
caused by terrorist or the person who acts with political motives.
Applicability Insurance:
8 8.1 Insurance this start apply since
moment goods leave warehouse or the place mentioned storage in the police as
beginning start travel, apply Keep going During reasonable journey and ends at
8.1.1 seconds handed over to the
warehouse Receiver or in the warehouse another last or the place storage in
place goals that have been mentioned,
8.1.2
seconds surrender receive in warehouse or the place storage other good before
or on the spot goals that have been mentioned, selected Insured good used
8.1.2.1 for storage outside track
reasonable travel, or
8.1.2.2 for allocation or distribution,
or
8.1.2 seconds ending time 60 days after
insured item done dismantled from ship in port demolition last, which one is
more formerly happen.
8.2 If, after dismantled from ship in
port demolition last, but before ending insurance this, stuff continue to
another purpose than what has been insured, insurance this, with permanent
subject to conditions ending above, no will expanded During journey place these
other purposes.
8.3 Insurance this permanent applies
(with subject to conditions ending the above and as set out in Clause 9 below
this) during occur delay outside control Insured, every deviation shipping,
unloading emergency, shipping return or transfer to other ships and during
occur change arising voyage from freedom carrier or arranged charter in
contract transport.
9 If in state outside control Insured good contract transport ended in a harbor
or other place besides the place that has been mentioned or cruise discontinued
before goods hand over as regulated in Clause 8 above, then insurance it's also
over except notification quick be delivered to Insurer and continuation guarantee
requested so insurance permanent applies, with provision premium addition if
required by the Insurer, ok
9.1 to goods sold and delivered at the
port or the place that, or, unless by special Approved else, until ending
period time 60 days after insured item arrived at the port or the place that,
which one is more formerly occurs, or 9.2 if goods continue in period time 60
days that (or approved extension) to the place goals that have been mentioned
or the place destination else, until end as provided for in Clause 8 above.
10 Whenever, after take effect insurance
this, goal changed by the Insured, the guarantee permanent apply with premiums
and terms specified, with provision notification quick be delivered to Insurer.
Claim
11 11.1 In order to get get change make a loss in insurance this Insured must have
interest on insured object at the time happening loss.
11.2 With subject to the provisions of
11.1 above , the Insured entitled get change make a loss on insured loss that
occurs During period insured time, though loss the occur before agreement
insurance agreed, unless Insured has knowing existence loss and the Insurer no.
12 When, as consequence from guaranteed risk insurance this, insured trip ended
up somewhere harbor or other place besides from destination where object
concerned insured, Insurer will replace loss Insured on every cost appropriate
and reasonable additions that arise in demolition hoarding and forwarding
insured object to the place insured destination. This clause 12, which is not
apply for loss general and cost rescue, subject to exception Clauses 4, 5, 6
and 7 above, and no including costs incurred from error negligence insolvency
or inability finance Insured or his employees.
13 No there is claim for Total
Constructive Loss will paid except object insurance has diabandon
by reasonable good with consideration something Real
Total Loss looks no could avoided or because cost get come back, fix and carry
on object insurance to the place insured destination will beyond value in place
purpose.
14 14.1 If insurance Price increase
requested by the Insured on insured item price
approved item considered raised to the total price coverage on insurance this
and all insurance Guaranteed Price Increase loss and responsibility answer to
insurance this will comparable Among price coverage to the total price coverage
that.
In Thing occur claim, insured must
deliver to Insurer, evidence insured amount from all insurance other.
14.2 When insurance this on Price
Increase clause following applies: The price of goods that have been Approved
considered same with amount insured on insurance tree and all insurance
increase closing price loss and requested by the Insured on goods, and
responsibility answer to insurance this will comparable Among price coverage to
the total price coverage that.
In Thing occur claim Insured must deliver
to Insurer, evidence insured amount from all insurance other.
Benefit
Insurance
15 Insurance this no could worn for profit party
carrier or other parties who law responsible answer on goods.
Zoom
out Loss
16 is obligation The insured and his employees and
agents in Thing occur possible loss replaced
16.1 take reasonable action with destination prevent or zoom out loss, and
16.2 guarantee that all right Sue to carrier, other parties who law responsible
answer on goods or party third other protected and implemented as should and
Insurer will , as addition on something possible loss guaranteed in this
Policy, provide change make a loss to Insured on expenses incurred by worthy
and reasonable for Fulfill obligation that
17 Actions taken Insured or Insurer with destination secure, protect or get
return insured object no could considered as something denial or reception
abandonment or other things that are detrimental right from each party.
Prevention
Lateness
18 is condition from insurance this that
Insured must Act with fast and reasonable in every the
state of being in the control.
Law
and Practice
19 Insurance this subject to applicable
law and practice in the UK along no contrary with Indonesian law.
b.
Institute
Cargo Clause "B"
GUARANTEED RISK
1. Insurance this guarantee, unless to the risks are set out in
Clauses 4, 5, 6 and 7 below.
1.1 loss or damage to the insured object which reasonable
caused by
1.1.1 fire or explosion
1.1.2 ships or boat ran aground shipwreck sink or backwards
1.1.3 tools transport land backwards or go out from rail
1.1.4 collision Among boat with boat or crash Among boat boat or tool transport with object from outside besides
boat except water
1.1.5 disassembly goods at the port emergency
1.1.6 earthquake earth eruption Mountain fiery or lightning
1.2 loss or damage to the insured object caused by
1.2.1 sacrifice loss general
1.2.2 disposal goods from boat to sea in effort save boat
along with whole interest in it (jettison) or swept away goods to sea because
wave
1.2.3 ingress of sea water Lake or river into the boat boat hold tool transport container box car or the place hoarding ,
1.3 total loss per koli is lost
thrown or fall down During loaded to , or dismantled
from , ship or boat .
2. Insurance this ensure loss general and cost rescue, whose
reckoning based and determined in accordance contract transportation and/ or
provision applicable laws and practices, which arise for avoid or related with
things for avoid loss due to anything, except what is excluded in clause 4, 5,
6 an 7 or anywhere stated on
insurance this.
3. Insurance this
expanded for give change make a loss to Insured to loss that becomes not quite
enough the answer in contract transport under clause “Collision Ship Where Both
of them Guilty “ if the loss guaranteed. In Thing
arise claim from owner boat based on Clause that, the insured agree telling you
Insurer where Insurer entitled for maintain self with the cost to be
responsibility, for defend Insured to claim so.
Exception
4. In Thing whatever insurance this no guarantee
:
4.1 loss damage or costs caused by intentional errors by the
Insured
4.2 reasonable leakage, reduced heavy or reasonable volume,
or reasonable wear from insured object
4.3 loss damage or costs caused by not sufficient or no
accordingly wrapping or setup insured object (for necessity This clause 4.3,
“wrapping” is considered including composing goods in the container or car box,
but only if composing the conducted before start take effect insurance this or
carried out by the Insured or employee)
4.4 loss damage or costs caused by damage alone or nature
natural insured object
4.5 loss damage or costs that are proxima
caused by the delay, although lateness that caused by the insured risk (unless
cost that can be paid based on Clause 2 above)
4.6 loss damage or costs incurred from insolvency or failure
finance owner manager charter or ship operator
4.7 intentional damage or intentional destruction of the
insured object or part thereof by the wrongful act of one person or more
4.8 loss damage or costs incurred from usage weapon war anything
that uses atomic energy or fission and/ or fusion nuclear or other reactions
like or strength or radioactive material
5 5.1 In Thing whatever insurance this no ensure loss damage
or costs incurred from unworthiness ocean boat or boat, no perfection boat boat tool transport container or box car for safe
transportation on insured object, where Insured or the employee knowing
unworthiness ocean or not perfection that, at the time insured object loaded to
in it.
5.2 Insurers ignore every violation requirements
that are not written (implied warranty) regarding seaworthiness ship and
perfection boat for transport insured object to the place purpose, except
Insured or the employee knowing unworthiness ocean or not perfection that.
6 In Thing whatever insurance this no ensure loss damage or
costs caused by:
6.1 war war sibling revolution
rebellion generation people, or unrest arising civil thereof, or each actions that are hostility by or to the ruling party
6.2 deprivation foreclosure arrest restrictions freedom or
detention and consequences from to her or test for To
do Thing the
6.3 mine torpedo bomb or weapon war others who don't taken
care of again.
7 In Thing whatever insurance this no ensure loss damage or
cost
7.1 caused by strikers, affected workers obstruction work, or
people who take part in disturbance labor, riot or riot
7.2 arising from strike, obstruction work, distraction labor,
riot or riot
7.3 caused by terrorist or the person who acts with political
motives.
Applicability Insurance
8 8.1 Insurance this start apply since moment goods leave
warehouse or the place mentioned storage in the police as beginning start
travel, apply Keep going During reasonable journey and ends at
8.1.1 seconds handed over to the warehouse Receiver or in the
warehouse another last or the place storage in place goals that have been
mentioned,
8.1.2 seconds surrender receive in warehouse or the place
storage other good before or on the spot goals that have been mentioned,
selected Insured good used
8.1.2.1 for storage outside track reasonable trip or
8.1.2.2 for allocation or distribution, or
8.1.2 seconds ending time 60 days after insured item done
dismantled from ship in port demolition last, which one is more formerly
happen.
8.2 If, after dismantled from ship in port demolition last,
but before ending insurance this, stuff continue to another purpose than what
has been insured, insurance this, with permanent subject to conditions ending
above, no will expanded During journey place these other purposes.
8.3 Insurance this permanent applies (with subject to
conditions ending the above and as set out in Clause 9 below this) during occur
delay outside control Insured, every deviation shipping, unloading emergency,
shipping return or transfer to other ships and during occur change arising
voyage from freedom carrier or arranged charter in contract transport.
9 If in state outside control Insured good contract transport
ended in a harbor or other place besides the place that has been mentioned or
cruise discontinued before goods hand over as regulated in Clause 8 above, then
insurance it's also over except notification quick be delivered to Insurer and
continuation guarantee requested so insurance permanent applies, with provision
premium addition if required by the Insurer, ok
9.1 to goods sold and delivered at the port or the place
that, or, unless by special Approved else, until ending period time 60 days
after insured item arrived at the port or the place that, which one is more
formerly happen, or
9.2 if goods continue in period time 60 days that (or
approved extension) to the place goals that have been mentioned or the place
destination else, until end as provided for in Clause 8 above.
10 Whenever, after take effect insurance this, goal changed
by the Insured, the guarantee permanent apply with premiums and terms
specified, with provision notification quick be delivered to Insurer.
Claim
11 11.1 In order to get get change
make a loss in insurance this Insured must have interest on insured object at
the time happening loss.
11.2 With subject to the provisions of 11.1 above, the
Insured entitled get change make a loss on insured loss that occurs During
period insured time, though loss the occur before agreement insurance agreed,
unless Insured has knowing existence loss and the
Insurer no.
12 When, as consequence from guaranteed risk
insurance this, insured trip
ended up somewhere harbor or other place besides from destination where object
concerned insured , Insurer will replace loss Insured on every cost appropriate
and reasonable additions that arise in demolition hoarding and forwarding
insured object to the place insured destination.
This clause 12, which is not apply for loss general and cost
rescue, subject to exception Clauses 4, 5, 6 and 7 above, and no including
costs incurred from error negligence insolvency or inability finance Insured or
his employees.
13 No there is claim for Total Constructive Loss will paid
except object insurance has diabandon by reasonable good with consideration something Real Total Loss
looks no could avoided or because cost get come back, fix and carry on object
insurance to the place insured destination will beyond value in place purpose.
14 14.1 If insurance Price increase requested by the Insured on insured item price approved item considered
raised to the total price coverage on insurance this and all insurance
Guaranteed Price Increase loss and responsibility answer to insurance this will
comparable Among price coverage to the total price coverage that.
In Thing occur claim, insured must deliver to Insurer,
evidence insured amount from all insurance other.
14.2 When insurance this on Price Increase clause following
applies:
The price of goods that have been
Approved considered same with amount insured on insurance tree and all
insurance increase closing price loss and requested by the Insured on goods,
and responsibility answer to insurance this will comparable Among price
coverage to the total price coverage that.
In Thing occur claim Insured must
deliver to Insurer, evidence insured amount from all insurance other.
Benefit Insurance
15 Insurance this no could worn for profit party carrier or
other parties who law responsible answer on goods.
Zoom out Loss
16 is obligation The insured and his employees and agents in
Thing occur possible loss replaced
16.1 take reasonable action with destination prevent or zoom
out loss, and
16.2 guarantee that all right Sue to carrier, other parties
who law responsible answer on goods or party third other protected and
implemented as should and Insurer will, as addition on something possible loss
guaranteed in this Policy, provide change make a loss to Insured on expenses
incurred by worthy and reasonable for Fulfill obligation that.
17 Actions taken Insured or Insurer with destination secure,
protect or get return insured object no could considered as something denial or
reception abandonment or other things that are detrimental right from each
party.
Prevention Lateness
18 is condition from insurance this that Insured must Act
with fast and reasonable in every the state of being
in the control.
Law and Practice
19 Insurance this subject to applicable law and practice in
the UK along no contrary with law forced Indonesia.
c.
Institute
Cargo Clause "A"
Guaranteed risk
1. Insurance this ensure all loss or damage to the insured
object except to the risks are set out in Clauses 4, 5, 6 and 7 below.
2. Insurance this ensure loss general and cost rescue, whose
reckoning based and determined in accordance contract transportation and/ or
provision applicable laws and practices, which arise for avoid or related with
things for avoid loss due to anything, except what is excluded in clause 4, 5,
6 an 7 or anywhere stated on
insurance this.
3. Insurance this expanded for give change make a loss to
Insured to loss that becomes not quite enough the answer in contract transport
under clause “Collision Ship Where Both of them Guilty “if the loss guaranteed.
In Thing arise claim from owner boat based on Clause that, the insured agree
telling you Insurer where Insurer entitled for maintain self with the cost to
be responsibility, for defend Insured to claim so.
Exception
4. In Thing whatever insurance this no guarantee:
4.1 loss damage or costs caused by intentional errors by the
Insured
4.2 reasonable leakage, reduced heavy or reasonable volume,
or reasonable wear from insured object
4.3 loss damage or costs caused by not sufficient or no
accordingly wrapping or setup insured object (for necessity This clause 4.3,
“wrapping” is considered including composing goods in the container or car box,
but only if composing the conducted before start take effect insurance this or
carried out by the Insured or employee)
4.4 loss damage or costs caused by damage alone or nature
natural from insured object
4.5 loss damage or costs that are proxima
caused by the delay, even though lateness that caused by the insured risk (unless
cost that can be paid based on Clause 2 above)
4.6 loss damage or costs incurred from insolvency or failure
finance owner manager charter or ship operator
4.7 loss damage or costs incurred from usage weapon war
anything that uses atomic energy or fission and/ or fusion nuclear or other
reactions like or strength or radioactive material
5 5.1 In Thing whatever insurance this no ensure loss damage
or costs incurred from unworthiness ocean boat or boat, no perfection boat boat tool transport container or box car for safe
transportation on insured object, where Insured or the employee knowing
unworthiness ocean or not perfection that, at the time insured object loaded to inside
5.2 Insurers ignore every violation requirements
that are not written (implied warranty) regarding seaworthiness ship and
perfection boat for transport insured object place purpose, except Insured or
the employee knowing unworthiness ocean or not perfection the
6 In Thing whatever insurance this no ensure loss damage or
costs caused by:
6.1 war war sibling revolution
rebellion generation people, or unrest arising civil thereof, or each actions that are hostility by or to the ruling party
6.2 confiscation, confiscation, arrest, restriction freedom,
or detention (except piracy) and consequences from to her or test for To do Thing the
6.3 mine torpedo bomb or weapon war others who don't taken
care of again
7 In Thing whatever insurance this no ensure loss damage or
cost
7.1 caused by strikers, affected workers obstruction work, or
people who take part in disturbance labor, riot or riot
7.2 arising from strike, obstruction work, distraction labor,
riot or riot
7.3 caused by terrorist or the person who acts with political
motives.
Applicability Insurance
8 8.1 Insurance this start apply since moment goods leave
warehouse or the place mentioned storage in the police as beginning start
travel, apply Keep going During reasonable journey and ends at
8.1.1 seconds handed over to the warehouse Receiver or in the
warehouse another last or the place storage in place goals that have been
mentioned,
8.1.2 seconds surrender receive in warehouse or the place
storage other good before or on the spot goals that have been mentioned,
selected Insured good used
8.1.2.1 for storage outside track reasonable travel, or
8.1.2.2 for allocation or distribution, or
8.1.2 seconds ending time 60 days after insured item done
dismantled from ship in port demolition last,
which one is more formerly happen.
8.2 If, after dismantled from ship in port demolition last , but before ending insurance this , stuff continue to
another purpose than what has been insured, insurance this, with permanent
subject to conditions ending above, no will expanded During journey place these
other purposes.
8.3 Insurance this permanent applies (with subject to
conditions ending the above and as set out in Clause 9 below this) during occur
delay outside control Insured, every deviation shipping ,
unloading emergency, shipping return or transfer to other ships and during
occur change arising voyage from freedom carrier or arranged charter in
contract transport.
9 If in state outside control Insured good contract transport
ended in a harbor or other place besides the place that has been mentioned or
cruise discontinued before goods hand over as regulated in Clause 8 above, then
insurance it's also over except notification quick be delivered to Insurer and
continuation guarantee requested so insurance permanent applies, with provision
premium addition if required by the Insurer, ok
9.1 to goods sold and delivered at the port or the place
that, or, unless by special Approved else, until ending period time 60 days
after insured item arrived at the port or the place that ,
which one is more formerly happen, or
9.2 if goods continue in period time 60 days that (or
approved extension) to the place goals that have been mentioned or the place
destination else, until end as provided for in Clause 8 above.
10 Whenever, after take effect insurance this, goal changed
by the Insured, guarantee permanent apply with premiums and terms specified,
with provision notification quick be delivered to Insurer.
Claim
11 11.1 In order to get get change
make a loss in insurance this Insured must have interest on insured object at
the time happening loss.
11.2 With subject to the provisions of 11.1 above, the
Insured entitled get change make a loss on insured loss that occurs During
period insured time, though loss the occur before agreement insurance agreed,
unless Insured has knowing existence loss and the
Insurer no.
12 When, as consequence from guaranteed risk insurance this,
insured trip ended up somewhere harbor or other place besides from destination
where object concerned insured, Insurer will replace loss Insured on every cost
appropriate and reasonable additions that arise in demolition hoarding and
forwarding insured object to the place insured destination.
This clause 12, which is not apply for loss general and cost
rescue, subject to exception Clauses 4, 5, 6 and 7 above, and no including
costs incurred from error negligence insolvency or inability finance Insured or
his employees.
13 No there is claim for Total Constructive Loss will paid
except object insurance has diabandon by reasonable good with consideration something Real Total Loss
looks no could avoided or because cost get come back, fix and carry on object
insurance to the place insured destination will beyond value in place purpose.
14 14.1 If insurance Price increase requested by the Insured on insured item price approved item considered
raised to the total price coverage on insurance this and all insurance
Guaranteed Price Increase loss and responsibility answer to insurance this will
comparable Among price coverage to the total price coverage that.
In Thing occur claim, insured must deliver to Insurer,
evidence insured amount from all insurance other.
14.2 When insurance this on Price Increase clause following
applies:
The price of goods that have been Approved considered same
with amount insured on insurance tree and all insurance increase closing price
loss and requested by the Insured on goods, and responsibility answer to
insurance this will comparable Among price coverage to the total price coverage
that.
In Thing occur claim Insured must deliver to Insurer,
evidence insured amount from all insurance other.
Benefit Insurance
15 Insurance this no could worn for profit party carrier or
other parties who law responsible answer on goods.
Zoom out Loss
16 is obligation The insured and his employees and agents in
Thing occur possible loss replaced
16.1 take reasonable action with destination prevent or zoom
out loss, and
16.2 guarantee that all right Sue to carrier, other parties
who law responsible answer on goods or party third other protected and implemented
as should and Insurer will, as addition on something possible loss guaranteed
in this Policy, provide change make a loss to Insured on expenses incurred by
worthy and reasonable for Fulfill obligation that.
17 Actions taken Insured or Insurer with destination secure,
protect or get return insured object no could considered as something denial or
reception abandonment or other things that are detrimental right from each
side.
Prevention Lateness
18 is condition from insurance this that Insured must Act
with fast and reasonable in every the state of being in the control
.
Law and Practice
19 Insurance this subject to applicable law and practice in
the UK along no contrary with Indonesian law .
For type coverage include:
Institute Cargo Clause " C ", Institute Cargo Clause "B",
Institute Cargo Clause "A" and Total
Loss Only”, type the danger borne guarantor different (no same broad). Condition marine
cargo all risk, named condition A. Condition limited called condition B,
and condition more limited again is condition C. Conditions limited B and C
mention type closed danger limitedly, and because limited condition danger
that's so price premium for Insurance B and C are relatively cheap. As for the
covered danger with condition A includes closed dangers in conditions B and C
as well as all type danger / cause that gives rise to
damage / loss of goods transported.
However often found in practice that
insured tend close with payment premium as light as possible without ignore
narrow guarantee. Right for choose Purchased condition is right insured so that
guarantor no could determine type closed condition insured, however guarantor
only entitled determine rate (price base) of coverage, namely based on type
transported goods.
d.
Total Loss
Only
The conditions of
coverage in Marine Cargo Insurance consist of: TLO
(Total Loss Only)
This policy
condition provides a guarantee in the event that the insured item/object
suffers a total loss, which means:
1) Completely destroyed or damaged, out of shape at all. completely
lost.
2) Loss of rights / interests in the goods.
3) If the costs of recovering/returning the insured goods
are greater than the price of the goods at the destination, then the loss is
constructively called Total Loss.
This Total Loss condition is divided
into 2 types, namely :
1) Total Loss of the Goods.
2) Total Loss of the goods following Total Loss of the
vessel.
(in addition to goods experiencing Total Loss, the
Carrier must also Total Loss)
The definition of total loss of the goods means goods the
must is lost same once and not could found or be at the bottom sea and not
could transported, or destroyed the carcass no form goods again. So as well as the total loss of ship, which means boat has
is lost no could found or the carcass no form boat again, if boat could lifted,
fee the fix exceed score boat it.
2. How practice fulfillment Marine Cargo
Insurance claims at PT. Sinar Mas against suitability
regulations in the field insurance ?
Based on results Interview obtained
results as following:
“For marine cargo insurance at PT.
Insurance Sinar Mas, period coverage the insurance
only for 6 (six) months and when this walk fluent in the sense not yet once
there is claim to damage payload goods transport sea, but in 2007 PT . Insurance Sinar Mas Central
Java Branch ever doing change make a loss against PT. Arhadi
Mighty Dawn ".
PT. Arhadi
Mighty Dawn is companies engaged in mechanical and electrical in the field of
environmental, transmission, distribution and private. Founded on July 4, 2007
in Semarang and working same with several dealers in Indonesia. On the Moon
December 2019 PT Asuransi Sinar
Mas do payment claim IDR 308.02 million to PT Arhadi
Mighty Dawn. claim this including to in marine cargo
products or transport ship (Harahap, 2022).
Claim this conducted on loss due to the
insured Load Break Switch (LBS) unit experience damage consequence shock moment
journey from Semarang to Palangkaraya. Payment
Process claim this in progress in time four mercy day work since all supporter
claim completed by the Insured.
Ruled clause in Marine Hull Insurance at
PT. Insurance Sinar Mas
a.
Co Insurance Clause
b.
Canceling Return Only (No Laid Up Return)
c.
Corona Virus Exclusion (For Use On Marine and Energy Liability policy)
d.
Dispute clause
e.
Electronics Date Recognition Exclusion clause (For Marine Business)
f.
full Premium if loss clause.
g.
If Vessel In Missing For 6 (Six) Months
From The Date Of Sailing From Her Last Port She Shall Be Presume To Be Actual Total Loss In Accordance With
Provision Of The Indonesia Commercial Code
h.
Indonesia Law And Jurisdiction
i.
Information Technology Hazards
clause
j.
Institute Chemical, Biological, Bio-Chemical, Electro Magnetic, Weapons
And Cyber Attack Exclusion clause (01/11/02)
k.
Institute Cyber Attack Exclusion clause 10/11/2003-Cl.380
l.
Institute Extended Radioactive Contamination Exclusion clause
m. Institute Radioactive Contamination,
Chemical, Biological, Bio-Chemical And Electromagnetic Weapons Exclusion Clause
n.
Institute Time Clauses
Hulls All risk 1/10/83 Cl 280
o.
No Overloaded Cargo of Passager During Period of Insurance
p.
Nominated Average Adjuster; It Is Understood And
Agreed That Average Adjuster Shall Be Priot Approved By Both The
Insured And Insurer
q.
Nominated Marine Surveyor, It Is Understood And
Agreed That Marine Surveyor Shall Be Priot Approved By Both The
Insured And Insurer
r.
Parts Removed clause
s.
Payment On Account Clause (Must Be Recommended By
Adjuster With Max 25% Of Propose Claim amount)
t.
Pilots Non-Liability clause
– Lsw787
u.
Premium Payment Warranty
- 90 Days
v.
Radio And Aids To Navigation clause
w. Sailing
excuse me from Port Authority
x.
Sanction Limitations And Exclusion clause – Lma3100
y.
Seepage And Pollution
Exclusion (01.01.89)
z.
Settlement Of Claims Will Be Completed Within 30 Days After The Accepted Adjustment Has
Been Issued By Average Adjusters
And Claim Amount Accepted By Underwriter
aa.
Subjectivity
bb.
Terrorism Exclusion clause
cc.
Warranted The Vessel
Must Be Seaworthiness Warranty At Time of Accident
Based on results
Interview obtained information as following:
“Basic considerations
claim is as following:
Submission data
Claim according to the data is in the police Already published
2. Policy Period is
still on active
3. Cause Claim
guaranteed in the Police
4. Application Time
Claim
5. Payment Status
Premium
Based on the above information, can
concluded that fifth base consideration claim the confirm that reason arise
loss that is as consequence from insured risks, or is guaranteed risk (risk
covered). On the contrary when reason loss the is one from policy exclusion (clauses
4,5, 6, & 7 in ICC 1/1/82), then loss / damage incurred no guaranteed by
the policy or rejected.
Loss or damage that must happen on time
coverage still applies , to that need is known date
occur loss / damage the (date of Loss) is still in the period of
coverage or no . In Insurance Freight Sea, provisions regarding the validity
period coverage (Duration Clause) is listed in
clauses 8 & 9 of ICC 1/1/82.
“Duration Clause” in ICC 1/1/82, gives affirmation
that period time coverage start apply since
goods lifted for transported from warehouse sender or the place
mentioned in the police, taken to harbor delivery arrived at the port
destination, lowered and submitted wrong one warehouse what is warehouse allocation,
warehouse distribution or Warehouse or Place designated by the Insured and
mentioned in the police, in 60 days deadline after demolition final at the port
destination (Port of discharge).
That thing in accordance with provision
Article 1, Law no. 2 of 1992 concerning Insurance Business, which means with
insurance or coverage are : " Agreement " Among two party or more,
with which party guarantor tie self to insured, with accept premium insurance,
for give replacement to insured because loss, damage, or lost expected profit,
or not quite enough answer law to party third possible will suffered by the
insured, arising from something events that do not sure, or for give something
based payment on die or his life someone who is insured ”.
Procedure Claim at
PT. Insurance Sinar Mas is as following:
Procedure
Claim
1)
Obligation Insured
1.a) The
Insured must notify the Insurer immediately, as soon as it is known that there
is loss or damage to the object insured.
1.b) The
Insured is obliged to take reasonable steps to save, prevent or minimize losses.
1.c) Ensuring
that all rights to shipping companies or other third parties have been
exercised as well as possible.
2)
Document Claim Support
Document supporter claim is accompanying documents support
claims that arise good seen from proof happening loss nor about related
requirements with transportation and commerce insured items including
supporting documents big score loss.
As for the documents supporter claim Insurance Freight Goods
through sea are:
a)
invoices.
Documents containing quantity, type goods and prices goods on
object coverage that will sent.
b)
Packing List.
Documents that explain details barng
per crate / per kolli.
c)
Certificate
of Packing.
Requirements adequate packaging (sufficient packing) goods
already determined the standard that aims for protect safety goods in the
normal transport process called Seaworthy Packing.
Who issued this certificate of packing is company
Professionals who have knowing method wrapping for every goods
in accordance with properties and characteristics packaged goods.
d)
Bill of
Loading (B/L)
For knowing is something goods has loaded in ship , thing this could is known from the Bill of Lading,
Function of B/L are:
d.1) Proof of acceptance goods on ship (Receipt Cargo on
Board)
d.2) Proof of contract transportation (Contract of Affreighment).
d.3) Can used as claim recovery from company voyage.
e) Certificate of Origin.
Something document explaining country of origin of the goods
concerned.
f)
Proof of
Deficiency.
Proof of deficiency this in transport sea usually called with
term
f.1) “Notice of Shortage” (NoS) or
f.2) “Certificate of Non Delivery” (CoD) or
f.3) “Except Bewijs” (EB)
Example: In B/L it says that goods sent 100 kolli, when handed over at the port destination it turns
out only 85 kolli. For less stuff as much as 15 kolli, for that made proof shortage by the carrier.
g)
Damage Proof.
Damage proof this is something statement from company
transport the sea that explains that the delivered goods experience damage.
Damage proof this usually called: “Cargo Damage Report” (CDR)
or “Damage Cargo List” (DCL) or “Claims Contatering Bewijs” (CCB).
h)
Survey Report
(by Marine Independent Surveyor (MIS))
Is letter proof on deficiency or damage on insured items,
letters this can just issued by a Marine Independent
Surveyor (MIS), such as Lloyds Agent; Marine Cargo Inspection (MCI) or
International Marine Recoveries (IMR) etc.
i)
Report Truth
Examination (LPK).
In accordance with provision Inpress
No. 4 of 1985 concerning the assignment of SGS to conduct a survey on
Indonesian imported goods, then SGS issues Report Truth Inspection to imported
goods which include quantity, price, fees / costs transport of goods that.
j)
General
Average Declaration.
Is General Average declaration issued by the Master /
Shipping Company to the Average Adjuster in Thing occurrence of the General
Average
k)
Notification
crash ship.
Is letter notification existence crash boat from the Shipping
Company that transports goods in Thing happening case crash ship.
l)
Original
Police.
Is something proof written existence coverage on transport
items that have experienced loss or damage or lost that.
Moment insured
file a claim, then guarantor will researching completeness claim documents,
while for type loss and below not quite enough answer who loss that occur could
is known guarantor through survey report document (Baehaki,
2019). After documents complete claim support, then calculation
change make a loss that could done, fine by the
guarantor alone nor with insurance adjuster services (especially in the matter
of the claim enough complicated the calculation and in large amount). Adjusters
are neutral and composed from energies expert in claims calculation. Sufficient
investigation by the insurer To use fulfilling a
marine cargo insurance claim is a action caution
guarantor consequence often found fraudulent claim practice.
CONCLUSION
Condition coverage in Marine Cargo Insurance guaranteed by PT.
Insurance Sinar Mas serves 3 (three) conditions
coverage. Election condition by the insured influence quantity premium must
paid as well as breadth guarantee the danger posed by the insurer. So that the
consequences is condition of the policy purchased in
accordance the dangers that can guaranteed that 's
what can submitted accompanied completeness document claim.
Completion process claim marine cargo insurance by PT Asuransi Sinar Mas begins with
report claim insured, continued with insured complete requested document party
guarantor, submit documents claim to party guarantor to claim quick processed,
insurer accept document claim and more conduct a preliminary survey, and
finally decision claim. Form not quite enough the answer given by PT Asuransi Sinar Mas in solution
claim insurance transport goods through sea that is respond claim from insured,
do study claim, conduct a preliminary survey, carry out analysis introduction,
pointing Independent Surveyor/Loss Adjuster/Average Adjuster (if required),
decision claim received or rejected. By general if Claims filed insured
guaranteed in the police still valid and appropriate with KUHD provisions and
laws insurance so party guarantor will give change loss to the insured in
accordance deal.
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Copyright holders:
Elly Kusumawati,
Elise Dwi Lestari, Agus Prawoto (2022)
First publication right:
Devotion - Journal of Research and Community
Service
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