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All Journal Hasanuddin Law Review Jurnal Ius Constituendum Prosiding Seminar Nasional Pakar Unes Law Review Jurnal Abdimas Bina Bangsa terAs Law Review: Jurnal Hukum Humaniter dan HAM Hukum Pidana dan Pembangunan Hukum Jurnal Hukum Prioris Reformasi Hukum Trisakti
Siti Nurbaiti
Dosen Fakultas Hukum Universitas Trisakti
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Physics Public Health Social Sciences Other

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Indonesia Passenger’s Right Compensation for Transport Accidents: Is It Fulfilling a Sense of Justice? Nurbaiti, Siti
Hasanuddin Law Review VOLUME 10 ISSUE 2, AUGUST 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i2.5447

Abstract

The mode of transportation—whether on land, at sea, or in the air—plays a crucial role in passenger mobility across various countries. Between passengers and carriers, binding contracts establish their legal relationship. However, a persistent issue remains: to what extent should carriers be held liable in cases of loss, injury, or death of passengers, and what are their obligations regarding compensation? The key question revolves around the scope of the carrier's responsibility to compensate passengers. As such, regulations governing carrier liability and compensation have become a critical focus in international legal studies, including in Indonesia, with comparisons drawn to several Southeast Asian countries. This research employs normative legal methodology with a conceptual framework. It is analyzed descriptively using a qualitative approach and concludes through deductive reasoning. The findings suggest that passenger compensation in several Southeast Asian countries does not fully satisfy the sense of justice. While there are regulations addressing compensation, they are often insufficiently stringent. In cases where accidents lead to legal action, the compensation amount is typically determined by the presiding judges on a case-by-case basis. 
Co-Authors A. Uwiyono Adiasih, Ning Amriyati Amriyati Arini Suliantari Chika Pratiwi Dian Adriawan Daeng Tawang Elfrida Ratnawati Fraya Layola Nainggolan Gunita Nindya Khosyi Putra Ariswari Meta Indah Budhianti Nabila Sesha Abdillah Paskah Aprilia Silalahi Rini Purwaningsih Salsabila Setyaningrum Saryo Saryo Septiyani Septiyani