SUBMIT YOUR RESEARCH
Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-8 | Issue-06 | 129-134
Original Research Article
Reconstruction of Responsibility Regulations Due to Errors in the Event of Uncertainty in Land Transportation Based on the Value of Justice
Kemmala Dewi, Gunarto, Jawade Hafidz, Aris Krisdiyanto
Published : June 16, 2025
DOI : https://doi.org/10.36348/sijlcj.2025.v08i06.002
Abstract
The transportation agreement in Indonesia is a reciprocal agreement, between the carrier and the sender. Article 468 of the Commercial Code, which regulates the carrier's responsibility for losses due to transportation and Article 193 of the UULLAJ which is a special provision regulating the carrier's responsibility in land transportation law, have weaknesses that have implications for legal disputes, legal uncertainty over damage or loss of goods being transported. The purpose of this study is to examine and find weaknesses in regulations on liability due to errors in the event of an uncertain event in land transportation that are currently not based on the value of justice and how to reconstruct the law. The author uses a constructivism paradigm with a socio-legal research approach that is descriptive analytical. The collection method and type of data used are sourced from primary and secondary data. Data analysis was carried out using a qualitative analysis method. The results of the study show that the Weaknesses in legal substance, weaknesses of Article 468 of the Commercial Code and Article 193 of the UULLAJ, weaknesses in legal culture/culture, namely the weakness of traffic supervisors from the Police and transportation and a culture of lawlessness in transportation. Reconstruction of the value of the principle of responsibility due to errors in the event of an uncertain event in land transportation includes strengthening regulatory compliance in logistics, creating compliance with business efficiency, utilizing the role of technology in ensuring compliance, utilizing insurance and customer protection. Reconstruction of norms is carried out on several articles including Article 468 to become (1) The transportation agreement promises the carrier to maintain the safety of goods to be transported from the time of receipt to the time of delivery. (2) The carrier is responsible for damage or loss of goods if the loss is caused by the error of the carrier or its agent. (3) The carrier is not responsible if the loss is caused by other factors such as the nature of the goods, the condition of the goods, or the sender's error. (4) The losses as referred to in paragraph (2) are calculated based on the actual losses experienced. Article 193 paragraph (1) of the UULLAJ states that the Public Transportation Company is responsible for losses suffered by the sender of the goods because the goods are destroyed, lost, or damaged due to the provision of transportation, unless it is proven that the destruction, loss, or damage of the goods was caused by the nature of the goods, the condition of the goods or the sender's error.
Scholars Middle East Publishers
Browse Journals
Payments
Publication Ethics
SUBMIT ARTICLE
Browse Journals
Payments
Publication Ethics
SUBMIT ARTICLE
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
© Copyright Scholars Middle East Publisher. All Rights Reserved.