ANALISIS PERTANGGUNGJAWABAN PERDATA TERHADAP PELANGGARAN OVER DIMENSION OVERLOAD (ODOL) KENDARAAN ANGKUTAN DARAT

Yulianto, Ahmad Eko (2026) ANALISIS PERTANGGUNGJAWABAN PERDATA TERHADAP PELANGGARAN OVER DIMENSION OVERLOAD (ODOL) KENDARAAN ANGKUTAN DARAT. Undergraduate thesis, UPN "Veteran" Jawa Timur.

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Abstract

This study aims to analyze the classification of Over Dimension Overload (ODOL) violations by land transport vehicles as unlawful acts and to examine the forms of civil liability that can be imposed on the perpetrators of such violations. This study employs a normative legal research method with a descriptive nature, utilizing a normative juridical approach based on primary legal sources namely laws and regulations and secondary legal sources, such as relevant literature and legal doctrines. The results of the study indicate that ODOL violations satisfy all elements of a tort as stipulated in Article 1365 of the Civil Code, including the existence of a tortious act, fault, damage, and a causal relationship. Civil liability for perpetrators of ODOL violations is determined based on the principle of fault liability for third parties not bound by a transportation agreement under Article 1365 of the Civil Code, as well as the principle of presumption of liability for the shipper of goods under Article 468(2) of the Commercial Code.

Item Type:

Thesis (Undergraduate)

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