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All Journal Asian Journal of Social and Humanities
Binsar Jon Vic S.
Universitas Borobudur
Decision Sciences, Operations Research & Management Earth & Planetary Sciences Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Problems of Air Transportation Tariff Regulation from The Perspective of Legal Certainty and Social Justice in Indonesia in The Inconsistency between Regulatory Norms and The Dynamics of The Aviation Industry Enny Kristiani; Faisal Santiago; Binsar Jon Vic S.
Asian Journal of Social and Humanities Vol. 4 No. 10 (2026): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v4i10.735

Abstract

As an archipelagic country consisting of thousands of islands, Indonesia relies heavily on air transportation as the backbone of national connectivity, economic integration, and equitable development. However, the regulation of air transportation tariffs faces significant challenges due to the mismatch between static regulatory norms and the highly dynamic aviation industry, which is characterized by volatile fuel prices, exchange rate fluctuations, and rising operational costs. This research aims to analyze the problems of air transportation fare regulation in Indonesia from the perspectives of legal certainty and social justice. The method used is normative juridical, with statutory and analytical approaches to Law Number 1 of 2009 concerning Aviation and its derivative regulations. The results indicate a mismatch between static regulatory norms and the highly dynamic aviation industry, resulting in legal uncertainty, weak regulatory enforcement, and limited public access to affordable fares. This condition reflects the gap between das sollen as the law as it ought to be and das sein as the law as it is, indicating the failure of regulations to achieve legal certainty and social justice. Therefore, adaptive and responsive legal reconstruction is needed to balance the interests of consumers, business actors, and the state.
Co-Authors Enny Kristiani Faisal Santiago