INDONESIA Law and Practice Contributed by: Stephen Igor Warokka and Mutiara Kasih Ramadhani, SSEK Law Firm
be submitted to the courts, as described in 4.1 Ship Arrests .
to the net content of the vessel that is deducted from the gross contents for the space occupied by the propulsion apparatus. 50 gulden is used, as the ICC was enacted during the Dutch occu - pation of Indonesia and has not been amended. In practice, the damages are usually determined by judges through court decisions. If the goods carried by the passengers or their heirs suf - fer losses, the carrier will be wholly liable if the damage was caused intentionally or if damage occurred as a result of a material or significant offence carried out by the carrier. The Shipping Law further stipulates that one of the maritime liens for which payment should be prioritised is compensation for death or medical expenses for bodily injury, whether occurring on land or at sea, directly related to the operation of the ship, and other losses resulting from physi - cal damage/injury caused by the operation of the ship. 6. Enforcement of Law and Jurisdiction and Arbitration Clauses 6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading Indonesian courts will recognise and enforce law and jurisdiction clauses in bills of lading, as long as the bill of lading fulfils the requirements under Article 1320 of the Indonesian Civil Code for a legitimate contract under Indonesian law. Under Article 1320, a legitimate contract requires: • the free consent of the parties; • the legal capacity of the parties to conclude an agreement; • an object of the contract that is defined or specific; and • a lawful purpose or admissible cause.
5. Passenger Claims 5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims Indonesia has not ratified any international con - ventions regarding the resolution of passenger claims, including the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea of 1974. However, Article 522 of the ICC stipulates that the carrier is required to compen - sate passengers for losses suffered because of the voyage. Losses caused by the passengers themselves are not within the scope of this com - pensation. If an injury results in death, the com - pensation will be made to the spouse, children and parents of the deceased. If passengers are transported based on an agreement with third parties, Article 522 of the ICC provides that the carrier will be responsible to the third party, the passenger and their heirs. According to Article 741 of the ICC, the time limi - tation for filing a claim is one year after the arrival of the vessel or, if the vessel did not arrive at the destination, one year after the commencement of the transport to the place where the passen - gers were to be unloaded. The available limitation on liabilities for owners who are also the carrier of the vessel applies if the loss is caused by injuries sustained by the passengers transported by that vessel. Article 525 of the ICC limits the responsibility of the owners to pay only 50 gulden per cubic metre of the net content of the vessel. Howev - er, if the vessel is mechanically operated, the amount of payment will be calculated according
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