Publication Search

54,413 articles from 425 journals · 1,457 citations tracked

Showing 1-2 of 2

Analytics

Esraini Saruksuk; Janpatar Simamora; Meli Hertati Gultom

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study addresses the legal responsibility of carriers for the loss or damage of goods during road transportation, as stipulated in Law Number 22 of 2009 concerning Traffic and Road Transportation (UU LLAJ). Article 193 of UU LLAJ obliges carriers to provide compensation for any loss incurred during transportation, except in cases of force majeure or third-party negligence. The study also explores the application of breach of contract (wanprestasi) and strict liability principles as the legal foundation for carrier accountability. However, the practical implementation of these regulations often faces challenges, including unclear contractual clauses on liability, difficulties in proving carrier negligence, and slow or inefficient dispute resolution mechanisms. To address these issues, the study proposes strategic measures such as regulatory revisions to clarify carrier liability boundaries, the establishment of standardized transportation contracts, enhanced legal education for stakeholders, strengthened non-litigation mechanisms like mediation and the Consumer Dispute Resolution Agency (BPSK), and the optimization of insurance to mitigate risks. These recommendations aim to foster a more efficient, reliable, and legally protective transportation system for all stakeholders involved.

Chinta. M. J. Ndolu; Stefanus Don Rade

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Transportation according to Purwosutjipto is a reciprocal agreement between the carrier and the sender, in which the carrier binds himself to handle the safe transportation of goods and/or people from one place to a certain destination, while the sender binds himself to pay the freight. Meanwhile, the definition of carrier's responsibility is the obligation of the air transport company to compensate for losses suffered by passengers and/or freight forwarders as well as third parties. Responsibility can be known from the obligations that have been stipulated in the agreement or law. The obligation of transportation is to organize the transportationThis study aims to examine the legal relationship between airlines and passengers, as well as to determine the company's responsibility to passengers in the event of damage to goods. The method used in this research is normative method. The results of the study show that the legal relationship between the Air Transport Company and the passengers is a legal relationship which is a periodic agreement, namely an agreement with conditions that are carried out only for a certain time and for a certain action. Airline companies must be ready to be responsible to consumers who use air transportation services in accordance with applicable laws and regulations, namely Law Number 1 of 2009 concerning Aviation and regulated more specifically in Ministerial Regulation Number 77 of 2011 concerning Air Transport Responsibilities.