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All Journal Media Iuris Jurist-Diction
Kamaluddin, Muhammad Aqil
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Liability of Freight Forwarding Companies for Losses on Delivery of Fishery Products Due to Container Shortage Effects Kamaluddin, Muhammad Aqil; Chumaida, Zahry Vandawati
Media Iuris Vol. 8 No. 1 (2025): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v8i1.55052

Abstract

Nowadays various types of transportation are also used in the context of Indonesia’s development, one of which is the sea transportation service business or better known as freight forwarding. However, there has been a decline in export products which cannot be separated from the impact of containers shortage. Previously, the impact of container shortages often occurred, but only for a short time. However, a long-term containers shortage only occurred when the COVID-19 pandemic emerged. With the effects of a shortage of containers, this was exacerbated by other problems such as limited space on logistics carriers which can affect the domestic logistics distribution supply chain. This research uses a normative legal research approach with the results indicating that the party responsible in cases of losses due to containers shortage is the freight forwarding company and the legal consequence of a transportation agreement that is affected by containers shortage is that as long as the carrier has agreed to the transportation agreement, the freight forwarding company must ensure that containers are available according to the transportation agreement. The reason for the shortage of containers can be used as a justification for the carrier’s actions but not in the long term.
History and Application of Piercing the Corporate Veil Doctrine: A Comparison Study between the United Kingdom and Indonesia Kamaluddin, Muhammad Aqil
Jurist-Diction Vol. 8 No. 2 (2025): Volume 8 No. 2, Mei 2025
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v8i2.71569

Abstract

Separate legal entity doctrine is a foundation in corporation law, and courts have generally resisted deviations from it, save in specific instances involving doctrine of piercing of the corporate veil (PCV). PCV doctrine permits a party to circumvent the separate legal personality and hold the company's "controller" liable. This essay will explain the evolution and future of PCV in UK and Indonesian law. Research methods that will be used are normative and comparative law methods. UK cases have developed PCV doctrine, such as the Rossendale case, which the court argues that not every case requires the doctrine. While Indonesia’s law system implicitly regulated the doctrine under Art. 3 (2) Law Number 40 of 2007 and no major cases. For the future of the doctrine, the UK judges maintained a firm commitment to limited liability and separate legal personality, which means the doctrine’s future looks uncertain. While in Indonesia, there is a lack of highlighting and balancing the separate legal entity with piercing the corporate veil.
Co-Authors Zahry Vandawati Chumaida