Greenation International Journal of Law and Social Sciences
Vol. 4 No. 2 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (May - Jun

Reconstruction of the Law on Air Transportation Tariff in order to Achieve Legal Certainty and Justice in Indonesia

Enny Kristiani (Universitas Borobudur, Jakarta, Indonesia.)
Faisal Santiago (Universitas Borobudur, Jakarta, Indonesia.)
Binsar Jon Vic S. (Universitas Borobudur, Jakarta, Indonesia.)



Article Info

Publish Date
23 Jun 2026

Abstract

This study aims to formulate a legal reconstruction model for airfare setting to achieve legal certainty and justice in Indonesia. The method used is normative juridical, with statutory and analytical approaches, to Law Number 1 of 2009 concerning Aviation and its derivative regulations. The results indicate that the rigid price caps regulation has proven ineffective in accommodating fare surges driven by fundamental market forces, such as rising fuel costs, unfavourable exchange rates, and modern market mechanisms. Legal reconstruction is suggested through a hybrid tariff regulatory framework that balances state control with market flexibility, allowing market forces to drive efficiency while simultaneously defending the market from anti-competitive abuse and robustly protecting the rights of consumers. This model is expected to create an adaptive tariff system, provide legal certainty, ensure social justice, and support the sustainability of the aviation market in Indonesia.

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Journal Info

Abbrev

GIJLSS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Greenation International Journal of Law and Social Sciences (GIJLSS) is a journal that uses a blind peer-review model that can be accessed online. GIJLSS aims to publish a journal containing quality articles that will be able to contribute thoughts from theoretical and empirical perspectives for the ...