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All Journal Kajian Ilmiah Hukum dan Kenegaraan Advances in Public Law and Policy
Daud Yaferson Dollu
Universitas Nusa Cendana, Kupang, Indonesia
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Accountability of Parking Service Operators for Motor Vehicle Damage or Loss in Public Roadside Parking Erryc Save Oka Mamoh; Jimmy Pello; Pius Bere; Daud Yaferson Dollu
Advances in Public Law and Policy Vol. 1 No. 2 (2026): July
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/aiplap.v1i2.4397

Abstract

Purpose: This study examines the legal accountability of roadside parking operators in Kupang City for damage to or loss of motor vehicles entrusted to their care, and evaluates whether Kupang City Regional Regulation Number 15 of 2011 on Roadside Parking Levies provides adequate legal certainty and justice for parking users.  Research Methodology: The research applies a socio-legal, empirical-juridical method combining statutory, conceptual, and case approaches, drawing on primary police data from the Kupang City Police Resort together with statutory analysis of the Regional Regulation. Results: The Regional Regulation regulates only the collection of parking levies and related administrative and criminal sanctions for non-paying users; it contains no provision assigning liability to parking operators for vehicles damaged or stolen while parked. Between 2014 and 2017, twenty-one motorcycle theft cases were recorded at roadside parking locations within the Kupang City Police jurisdiction, yet operators consistently refused responsibility, commonly relying on standard exoneration clauses printed on parking tickets. Conclusions: Under general civil liability principles and relevant Supreme Court jurisprudence, such exoneration clauses are void, and operators retain a duty of custody that can give rise to civil and, in specific circumstances, criminal accountability. Limitations: The study is confined to one municipality and one regulatory instrument, and relies on secondary police records rather than operator-side data. Contributions: The findings support a concrete recommendation to revise the Regional Regulation to explicitly regulate operator liability, strengthening consumer protection for parking users.
Komitmen dan Realitas: Menjawab Defisit Perlindungan terhadap Anak Pengungsi Tanpa Pendamping di Indonesia Johanes De Brito Siga Nono; Daud Yaferson Dollu
Kajian Ilmiah Hukum dan Kenegaraan Vol 3 No 2 (2024): December
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v3i2.5020

Abstract

Purpose: To examine the protection challenges faced by unaccompanied refugee children in Indonesia and evaluate the gaps in the country’s legal and policy framework, particularly in light of its obligations under the Convention on the Rights of the Child (CRC). Methodology: This study uses a normative and prescriptive legal analysis to assess Indonesia’s national laws and policies, including Presidential Regulation No. 125 of 2016, against international human rights standards. Result: The analysis reveals significant gaps in policy implementation, particularly regarding early identification, risk assessment, and access to basic services such as education, healthcare, and legal aid for unaccompanied refugee children. Conclusions: Substantive legal reform, institutional capacity building, and stronger collaboration with international organizations and civil society are essential to ensure effective and humane protection based on the best interests of the child. Limitations: The study is limited to a normative legal analysis and does not include empirical fieldwork or direct perspectives from refugee children or service providers. Contribution: This article contributes to the discourse on child protection in refugee contexts by offering concrete policy recommendations aligned with international legal standards and rooted in the principles of the CRC, filling a critical gap in the Indonesian legal framework.
Co-Authors Erryc Save Oka Mamoh Jimmy Pello Johanes De Brito Siga Nono Pius Bere