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All Journal Awang Long Law Review
Ahmad Eka Yulianto
National Development University ?Veteran? East Java, Indonesia
Law, Crime, Criminology & Criminal Justice

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CIVIL LIABILITY FOR OVER DIMENSION OVERLOAD VIOLATIONS OF LAND TRANSPORT VEHICLES Ahmad Eka Yulianto; Aldira Mara Ditta Caesar Purwanto
Awang Long Law Review Vol. 9 No. 1 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v9i1.2315

Abstract

The widespread operation of land transport vehicles that exceed dimensions and load limits commonly known as Over Dimension Overload (ODOL) causes harm to various parties, ranging from damage to road infrastructure to traffic accidents. This issue underscores the urgency of examining the civil liability of ODOL violators as a means of legal protection for those who have suffered losses. The method employed is a normative legal approach through the analysis of relevant primary and secondary legal sources. The results of the study indicate that ODOL violations satisfy all elements of an unlawful act as set forth in Article 1365 of the Civil Code. This civil liability is enforced based on the principle of fault liability for third parties not bound by the transportation agreement, and the principle of presumption of liability for users of transportation services subject to Article 468(2) of the Commercial Code.
Co-Authors Aldira Mara Ditta Caesar Purwanto