PELAKSANAAN PERJANJIAN TENTANG TANGGUNGJAWAB PEMILIK KAPAL AKIBAT KERUGIAN PELABUHAN YANG DISEBABKAN KARENA KAPAL MENABRAK ATAU MENYENGGOL DERMAGA (Studi di Pelabuhan Penyeberangan Ketapang, Banyuwangi)

This study analyzes the implementation and default related to damage to the dock caused by ships at the Ketapang Ferry Port, Banyuwangi. The research method used is empirical juridical, by examining applicable legal provisions and linking them to the implementation of the agreement in the field through interviews. The results indicate that the compensation mechanism is essentially regulated in the agreement, and the default that occurred falls within the prohibited acts in the agreement, namely unsafe operation of the vessel resulting in dock damage. Therefore, the shipping company is obliged to provide compensation through mediation. However, the takeover of repair obligations by the port without clear regulations regarding the mechanism and standards for determining compensation costs creates legal uncertainty because the agreement does not specify the amount of costs in detail and has the potential to open up unilateral determinations. Therefore, it is recommended that the port establish specific regulations that clearly regulate the mechanism for determining compensation costs, standards for calculating repair costs, damage assessment procedures, and the division of authority between the parties to ensure legal certainty, transparency, and fairness for the parties.