I Nyoman Budiana
Universitas Pendidikan Nasional, Denpasar, Indonesia

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​Corporate Liability in Over-Dimension and Overloading (ODOL) Violations: A Civil Law Perspective I Made Doni Kusuma Raharja Putra; I Nyoman Budiana; Ni Gusti Agung Ayu Mas Tri Wulandari; I Made Wirya Darma
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 6 No 2 (2026): October
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v6.n2.p59-73.2026

Abstract

Purpose: This study examines corporate civil liability for losses resulting from Over-Dimension and Overloading (ODOL) violations under Indonesia's positive legal system and analyzes the application of Economic Analysis of Law (EAL) in developing an ideal liability model.Research Methodology: This normative legal research employs statutory and conceptual approaches. The statutory approach examines the Indonesian Civil Code and Law Number 22 of 2009 on Road Traffic and Transportation. The conceptual approach analyzes the doctrines of corporate liability, vicarious liability, and economic analysis of law, particularly the concepts of the least-cost avoider and cost internalization.Results: Articles 1365 and 1367 of the Indonesian Civil Code provide a normative basis for corporate civil liability through unlawful and vicarious acts. However, Law Number 22 of 2009 regulates ODOL only through administrative and criminal sanctions, without an explicit civil compensation mechanism. Consequently, external losses are largely borne by the state. From an economic analysis of law perspective, corporations are the least-cost avoiders and should therefore bear responsibility for preventing and compensating such losses.Conclusions: Indonesia's legal framework has not fully accommodated corporate civil liability for ODOL violations, resulting in inefficient loss allocation.Limitations: This study is limited to normative legal analysis and does not examine judicial practices or empirical implementation.Contributions: The study recommends adopting a limited strict liability regime supported by mandatory liability insurance to promote cost internalization, improve loss allocation, strengthen deterrence, and support future reform of Indonesian civil and transportation law.