Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Dalihan Na Tolu : Jurnal Hukum, Politik dan Komunikasi Indonesia
Zein Samsia Ibrahim
Faculty of Law, Universitas Negeri Gorontalo
Law, Crime, Criminology & Criminal Justice Other

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Reformulating Product Liability for Autonomous Vehicles: A Comparative Analysis of Causation Theories in Indonesian and Kuwaiti Civil Law Zein Samsia Ibrahim
Dalihan Na Tolu: Jurnal Hukum, Politik dan Komunikasi Indonesia Vol. 4 No. 02 (2026): Dalihan Na Tolu: Jurnal Hukum, Politik dan Komunikasi Indonesia
Publisher : SEAN Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The development of autonomous vehicles as a disruptive technological product presents serious challenges to civil law, particularly in determining manufacturer liability when accidents occur. The causation theory that underpins civil liability in Indonesia and Kuwait has not yet explicitly accommodated the complexity of artificial intelligence decisions, which are non-linear and multi-factorial. This research employs a normative legal method with a comparative law approach between the Indonesian Civil Code and the Kuwaiti Civil Code (Law No. 67 of 1980). The analysis reveals that Indonesian law, which alternately applies the conditio sine qua non theory and the proximate cause theory, fails to provide certainty and justice due to its binary approach. By contrast, Kuwaiti law adopts a gradation of causality through the distinction between al-sabab al-mubasyir (direct cause) and al-sabab al-mutasabib (indirect cause), and imposes strict liability for dangerous objects under Article 229. Based on this comparison, this study formulates a manufacturer liability reform through three pillars: tiered liability based on SAE automation levels, reversal of the burden of proving causality at high automation levels, and the establishment of mandatory insurance and a no-fault compensation fund. This reform requires amendments to the Indonesian Civil Code or the enactment of a special law on artificial intelligence and autonomous vehicles. In conclusion, Indonesia should adopt Kuwait's tiered approach to make manufacturer liability fairer, more adaptive, and legally certain in the era of technological disruption.
Co-Authors