Indonesia Passenger’s Right Compensation for Transport Accidents: Is It Fulfilling a Sense of Justice?

The mode of transportation—whether on land, at sea, or in the air—plays a crucial role in passenger mobility across various countries. Between passengers and carriers, binding contracts establish their legal relationship. However, a persistent issue remains: to what extent should carriers be held liable in cases of loss, injury, or death of passengers, and what are their obligations regarding compensation? The key question revolves around the scope of the carrier's responsibility to compensate passengers. As such, regulations governing carrier liability and compensation have become a critical focus in international legal studies, including in Indonesia, with comparisons drawn to several Southeast Asian countries. This research employs normative legal methodology with a conceptual framework. It is analyzed descriptively using a qualitative approach and concludes through deductive reasoning. The findings suggest that passenger compensation in several Southeast Asian countries does not fully satisfy the sense of justice. While there are regulations addressing compensation, they are often insufficiently stringent. In cases where accidents lead to legal action, the compensation amount is typically determined by the presiding judges on a case-by-case basis.

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Publication Details

Journal
SHILAP Revista de lepidopterología
Published
2024-10-01
DOI
https://doi.org/10.20956/halrev.v10i2.5447
Citations
1
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
Field-Weighted Citation Impact
4.07
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article

Indonesia Passenger’s Right Compensation for Transport Accidents: Is It Fulfilling a Sense of Justice?

1 citations
SHILAP Revista de lepidopterología
Legal and Policy Analysis in Indonesia
4.07
article

Indonesia Passenger’s Right Compensation for Transport Accidents: Is It Fulfilling a Sense of Justice?

article en
1 citations

Abstract

The mode of transportation—whether on land, at sea, or in the air—plays a crucial role in passenger mobility across various countries. Between passengers and carriers, binding contracts establish their legal relationship. However, a persistent issue remains: to what extent should carriers be held liable in cases of loss, injury, or death of passengers, and what are their obligations regarding compensation? The key question revolves around the scope of the carrier's responsibility to compensate passengers. As such, regulations governing carrier liability and compensation have become a critical focus in international legal studies, including in Indonesia, with comparisons drawn to several Southeast Asian countries. This research employs normative legal methodology with a conceptual framework. It is analyzed descriptively using a qualitative approach and concludes through deductive reasoning. The findings suggest that passenger compensation in several Southeast Asian countries does not fully satisfy the sense of justice. While there are regulations addressing compensation, they are often insufficiently stringent. In cases where accidents lead to legal action, the compensation amount is typically determined by the presiding judges on a case-by-case basis.

SHILAP Revista de lepidopterología
Universitas Trisakti (ID)
Openalex Percentile: Top 4%
Legal and Policy Analysis in Indonesia
4.07
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