Ideal Construction of Marine Accident Dispute Resolution

Muhammad Saladin and Lazarus Tri Setyawanta
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Muhammad Saladin: Master Program in Law, Faculty of Law, Diponegoro University, Semarang
Lazarus Tri Setyawanta: Lecturer in Magister Law Program, Faculty of Law, Diponegoro University, Semarang

International Journal of Research and Innovation in Social Science, 2024, vol. 8, issue 3s, 5191-5203

Abstract: The purpose of this study is to analyze: 1) Is construction in the current marine vessel dispute settlement not ideal? 2) How to reconstruct the ideal marine vessel dispute settlement?. The research method used is empirical juridical with a statutory approach, concept approach, and case studies. The results showed that the settlement of marine accident disputes requires an ideal construction that includes several important aspects to ensure fairness and efficiency: 1. Comprehensive Regulation: Clear and detailed regulations regarding marine accident dispute resolution procedures are required. This regulation shall include the responsibilities of the various parties, claims procedures, and dispute resolution mechanisms, 2. Special Dispute Resolution Agencies: The establishment of specialized agencies that handle marine accident disputes can help speed up the resolution process. The institution should consist of maritime law experts, ship engineers, and other relevant professionals. 3. Arbitration and Mediation Procedures: The use of arbitration and mediation as an alternative dispute resolution (ADR) can reduce the burden on courts and provide faster and more efficient solutions. 4. Transparency and Accountability: The dispute resolution process should be transparent and accountable. Every step and decision taken must be well documented and accessible to the parties concerned. By implementing this ideal construction, the settlement of marine accident disputes can be more effective, efficient, and fair, thus providing legal certainty for all parties involved.

Date: 2024
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