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The Carrier’s Liability for Passengers Injured in A Ship Fire on the Merak–Bakauheni Route Maria Victoria Nandaswa; Amad Sudiro
Al-Risalah VOLUME 26 NO 1, MAY (2026)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.62877

Abstract

This study examines the legal responsibility of carriers in maritime passenger transportation accidents, specifically analyzing the fire incident on KMP Royce 1 vessel operating on the Merak–Bakauheni route. The background of this research stems from the legal uncertainty surrounding carrier liability and compensation mechanisms for passengers in Indonesian maritime transportation, particularly when accidents occur causing casualties and material losses. The primary issues addressed are: first, how Act Number 17 of 2008 on Shipping regulates carrier responsibilities for passenger safety; second, what compensation mechanisms are available to victims of maritime accidents; and third, why analogical application of aviation regulations becomes necessary in maritime cases. The research objective is to analyze the adequacy of existing legal frameworks governing carrier liability in maritime passenger transportation and to identify regulatory gaps that necessitate analogical application of other transportation mode regulations. This study employs normative juridical research methods, utilizing statutory, case, and conceptual approaches. Legal materials were collected through library research and analyzed using deductive reasoning to examine the alignment between legal norms and their implementation. The findings reveal that Articles 40 and 41 of Act Number 17 of 2008 establish fundamental obligations for shipping companies to ensure passenger safety and provide compensation during accidents. However, the absence of specific implementing regulations for maritime passenger compensation has led to the analogical application of Minister of Transportation Regulation Number 77 of 2011, which originally governs air transportation. In the KMP Royce 1 case, the carrier's responsibilities encompassed passenger evacuation, medical treatment for injured victims, and compensation facilitation through PT Jasa Raharja. The study concludes that the regulatory vacuum in maritime passenger compensation creates legal uncertainty and inadequate protection for passengers. The implications suggest urgent need for comprehensive and specific regulations governing carrier liability and compensation mechanisms in maritime transportation to ensure legal certainty and optimal passenger protection.
Legality and Safety Regulations of Electric Vehicle Batteries in Indonesia: Challenges and Implementation of National Standards Maria Natasha Rudijanto; Amad Sudiro
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1065

Abstract

This study examines the legality and safety regulatory aspects related to the use of electric vehicle batteries in Indonesia, especially focusing on the risk of fire due to the failure of lithium-ion batteries which are often used as the main energy source. With the increasing adoption of electric vehicles, Indonesia is faced with the challenge of setting safety standards that are able to keep up with the development of battery technology and meet consumer expectations and international standards. In this study, an analysis of government policies, harmonization of international regulations, and the importance of battery testing as a risk mitigation measure was carried out. Battery testing is a vital component to ensure the safety and reliability of electric vehicles, involving procedures such as thermal resistance tests, short-circuit protection, and mechanical integrity testing. By applying normative juridical methods through conceptual approaches, laws and regulations, and international case studies, this study aims to provide recommendations for improvement of battery safety regulations and procedures in Indonesia to support the creation of a safer and more sustainable transportation environment.
BPOM Supervision Negligence Review Results in Child Victims of Acute Kidney Failure Harry Sunyoto; Amad Sudiro
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1070

Abstract

In 2022, the Indonesian Pediatrician Association (IDAI) through the Ministry of Health conveyed to the public that there were 324 cases of atypical progressive acute kidney failure of unknown cause in children spread across 27 provinces in Indonesia. The method used in this study is the normative research method by collecting secondary data which is then analyzed qualitatively to obtain conclusions about the circulation of syrup drugs that cause acute kidney failure in children, which is certainly not in accordance with the provisions in the Health Law and also violates the guidelines for Good Manufacturing Practices. The form of legal responsibility that can be carried out by BPOM is to strengthen the pre-market and post-market supervision function of drugs in circulation and conduct independent drug tests. In addition, it is hoped that the government will immediately ratify the Drug and Food Supervision Bill to strengthen the supervisory function, authority and sanctions that can be imposed on BPOM if they are negligent.