Falsification of Regulations and Contracts to Ensure Legal Protection for Container Terminal Operators in Container Loading and Unloading Services in Indonesia

Abstract

Container terminal operators play a strategic role in supporting the smooth operation of container loading and unloading services as part of the national logistics system. However, in practice, terminal operators often face various legal disputes related to damage to or loss of containers. This study aims to analyze the legal protection afforded to container terminal operators under Indonesian positive law, identify the factors causing disputes related to container damage during loading and unloading operations, and formulate a model for reconstructing legal protection capable of providing legal certainty for container terminal operators. This study employs a normative legal method using legislative, conceptual, and comparative approaches. Primary, secondary, and tertiary legal sources were obtained through a literature review and analyzed qualitatively using the theory of legal certainty and the theory of legal liability. The results of the study indicate that legal protection for container terminal operators is not yet optimal because there is still an overlap in regulations and a lack of specific regulations governing the legal protection of container terminal operators. Disputes related to container damage are influenced by unclear allocation of liability, high operational risks during loading and unloading, ineffective claim mechanisms, and contractual imbalances characterized by exculpatory clauses, an imbalance of rights and obligations, and the weak bargaining position of terminal operators. The proposed restructuring model includes the harmonization of port regulations, specific provisions regarding terminal operators’ liability, the standardization of container terminal operating contracts, proportional risk allocation, strengthened oversight, and the optimization of dispute resolution mechanisms. Legal protection for container terminal operators has not yet provided adequate legal certainty; therefore, an integrated restructuring of regulations, contracts, and institutional frameworks is necessary to achieve legal certainty in container loading and unloading services.