Transportation Law Research Articles

Notification Period Caused by Damage, Loss and Delay According to the Law of Transportation

Bu çalışma altı bölümden oluşmaktadır. Çalışmamızın ilk bölümünde taşıma hukuku kapsamında bildirim kavramının hukuki niteliğine değinilerek hasar zıya ve gecikme kavramları açıklanmıştır. Ardından sırasıyla kara taşıma hukuku, hava taşıma hukuku, deniz taşıma hukuku, demiryolu ile taşıma hukuku ve multimodal taşıma hukuku; ulusal ve uluslararası mevzuat kapsamında ayrı ayrı değerlendirilmiştir. Çalışma boyunca görüleceği üzere ulusal mevzuatta düzenlenen bildirim süreleri uluslararası konvansiyonlarla belirlenen süreler birbiriyle örtüşmektedir. Şüphesiz bu durum taşıma hukuku pratiğini açık ve belirgin kılmaktadır. Meydana gelen bir zarardan dolayı hak sahibinin taşıyıcıya süresinde bildirimde bulunmaması, tüm taşıma sistemleri yönünden taşıyıcının eşyayı sözleşmeye uygun olarak taşıdığına karine oluşturmaktadır. Öte yandan taşıtan veya eşya üzerinde hak sahibi olan göndericinin süresinde bildirimin yapma külfetinin yanında eşyanın hasar, zıya ve gecikmeden dolayı zarara uğradığı hallerde ispat hukuku açısından birtakım tedbirler alması elzemdir. Çalışmamızda sadece eşya taşıma hukukundan doğan bildirim sürelerine yer verilmiştir. Bu kapsamda zamanaşımı ve hak düşürücü süre yönünden belirlenen süreler konumuz dışında kaldığından bunlara çalışmamızda yer verilmemiştir.

RESPONSIBILITIES OF RAILWAY FACILITIES OPERATORS IN INDONESIA IN THE PERSPECTIVE OF TRANSPORTATION LAW

Along with the development of the transportation industry, various problems arise that result in losses for consumers. These losses can be time losses, cost losses, energy losses, and health losses. The existence of such losses raises the responsibility of the carrier to compensate for the loss. The researcher tries to analyze legal issues using legal research through two approaches, namely the statute approach and the conceptual approach based on transportation law and consumer protection law, using several laws and regulations relevant to existing legal issues. The researcher views PT KAI as the land transportation operator, including business actors and train passengers, including consumers. The relationship between PT KAI as the operator of transportation and passengers as consumers raises the carrier's responsibility to be able to fulfill the rights of train passengers as consumers. Therefore, the author will analyze the responsibilities and legal protection for the parties.

Liability of Commercial Air Transport Service Providers in the Carriage of Corpse

In general, objects in air transportation are passengers, baggage, cargo, and/or post. However, in its development, the existing air transportation also carries out the transportation of corpses. If it is related to the responsibility of the air carrier, then the position of the corpse in air transport is important to be studied in order to determine the form and limits of the air carrier's responsibility. Therefore, this study aims to discuss the position of the corpse in the law of air transportation, as well as the responsibility of the carrier in transporting the corpse by air. The method used in this research is legal research with conceptual approach, statutory approach, comparative approach, and case approach. Based on the research that has been done, it can be found that the position of the corpse in international and national air transportation law has been positioned as cargo. Consequently, the responsibility of the air carrier in the transportation of corpses is also based on the responsibility of the carrier in the carriage of cargo. This is of course inappropriate when applied to the transportation of corpses, because with such arrangements, heavier body will receive greater compensation than lighter body.
 Keywords: air transportation; corpse; responsibility; legal protection.

Legal Protection and Liability for Multimodal Transport Operators in The Transport of Dangerous and Toxic Goods

Legal protection protects human rights that harm other people, and every human being is provided with this protection in order they can savor all of their legal right. In other words, legal protection is various legal remedies that must be provided by law enforcement officials to provide a sense of security, both physically and mentally as well as interference from various threats originating from any party. In contrast, transportation law can be interpreted as the overall legal norms and principles governing relationships and consequences of transportation law. This research shows that a form of legal protection for transportation service users can be provided in the form of preventive and repressive legal protection. The responsibility given to service users is in the form of compensation or compensation in the event of damage or loss of goods in the transportation process. There are two approaches used by researchers in this thesis, namely the Legislative Approach and the Conceptual Approach. In this legislative approach, the approach in legal research that provides an analytical point of view of problem-solving legal research is seen from the aspects of the legal concepts that lie behind it or even can be seen from the values contained in the normalization of regulation with the concepts used. Most of these approaches are used to understand the concepts related to normalization in legislation, whether they are in accordance with the spirit contained in the underlying legal concepts.

The Implication of the Development of Technology on Land Transportation Law in Indonesia

Introduction: The emergence of online transportation provides significant changes in various aspects of people's lives. But its success raises protests from several groups for the abolition of online transportation. The rapid technological development of land transportation that cannot be accommodated by Indonesian law can affect the certainty of law. Further, it can provide legal protection to related parties.Purposes of the Research: This research aims to analyse the implication of online transportation as land transportation in Indonesia, and to recommend the accommodation of online transportation in Law Number 22 of 2009 on Road Traffic and Transportation to the Government of Indonesia.Methods of the Research: This research employed the normative juridical method by examining secondary data collected from library research using the statutory approach method analysed by qualitative technique.Results of the Research: The results show that the existence of online transportation as land transportation has positive implications for society such as the easier process, saving time, saves energy, can identify drivers, can track routes and vehicle locations, traffic monitoring, safety standards, lower costs, promos and discounts, efficient payment methods, and driver services. The other benefits are reducing the unemployment rate, increasing people's income, reducing the number of poverties, improving the people's welfare, and increasing the productivity of every institution and company. So, the government of Indonesia must accommodate online transportation in Law Number 22 of 2009 on Road Traffic and Transportation.

Anholonomic co-ordinates and electromagnetic curves with alternative moving frame via Maxwell evolution

In this study, we examine the Berry’s phase equation for E-M curves in the C − direction and W − direction throughout an optic fiber via alternative moving frame in three dimensional space. Moreover, electromagnetic curve’s C − direction and W − direction Rytov parallel transportation laws are defined. Finally, we examine the electromagnetic curve with anholonomic co-ordinates for Maxwellian evolution by Maxwell’s equation.

The Role of the Police in Traffic Law Enforcement against Traffic Accidents at the Binjai Resort Police

In the Road Traffic and Transportation Law No. 22 of 2009. In actuality, many people commit traffic offenses, both road users and law enforcement officers, resulting in disruption of public order, losses, and deaths. Based on the description above, the problem formulated is how to regulate traffic law on traffic accidents in the jurisdiction of the Binjai Police, what role the police play in law enforcement against traffic accidents at the Binjai Police, and what obstacles exist in enforcing traffic law at the Binjai Police. A normative approach and an empirical approach are employed. The research was conducted at the Binjai Police Station, and the data was gathered through primary and secondary legal texts as well as interviews with key informants. The data was analyzed using qualitative approaches combined with descriptive analysis, and a conclusion was reached. According to the study's findings, traffic law arrangements are governed by Law No. 29 of 2009, the Criminal Procedure Code, and police rules No. 15 of 2013, which govern how to manage traffic accidents. The police enforce the legislation on road accidents by mediating between the families of the victims and the families of the culprits in a deliberate manner supervised by the police. The difficulty is that if the victim dies, it is difficult for the deceased's family to reconcile, and even the perpetrator is imprisoned. Keywords: The Role of Police, Traffic Law Enforcement, Traffic Accident, Indonesian Police

Engineering Game Theory Towards Energy Transition Using Shariah Jurisprudence Developmental Framework Based on Ethical Decision-Making

Green hydrogen is a technological product of philosophy from environmental impact assessment. The paradigm shift to renewables is a form of energy transition to target carbon emission reduction of greenhouse gases. Sustainable development is a monetary framework of business innovation of goods and services. However, there are apparent limitations on electricity production, hence, issues can be raised concerning energy laws of business transactions pertaining to services. This paper is designed to address problems on commercial laws and illustrate game theory modellings of ethical decision-making and shariah jurisprudence method towards interpretation of statutory laws for renewable energies and thus, develop an equation for elucidation of its economic impacts along with 2050 planning of storage capacity for renewable power percentage of energy transition. Hamburg to Rotterdam Rules are legal instruments of business transactions pertaining to transportation laws of goods under agreements. Meanwhile, statutory interpretation serves as an illustration of legislative framework formulated for public welfare and safety, in harmony with constitutional laws. Electricity regulations are statutory laws for reflexive judgement of energy equation concerning economics based on game theory. Therefore, the energy transition in alignment with Renewable Energy (Electricity) Bill 2000 (Cth) is predicted to meet the 2050 plan of zero emission target.

Study on the Pseudo-Slope Length Effect of Buried Pipe Extraction in Fully Mechanized Caving Area on Gas Migration Law in Goaf

To study the law of gas transportation in mining areas, Fluent numerical simulation software was applied to examine the influence of different pseudo-slope lengths (PSL) on gas concentration in a U-ventilated working area under no-extraction conditions. Based on this, numerical simulation experiments were conducted on the buried pipe extraction arrangement parameters. The simulation found that when there was no extraction, the PSL had an impact on the airflow in the extraction area, which caused the airflow in the extraction area to be disordered, causing gas to accumulate locally at the working area. When the buried pipe depths (BPDs) and PSLs of the working area worked together, the gas concentration of the working area was lower when the inlet air influence zone and the extraction influence zone were through; otherwise, gas concentration accumulation occurred at the working area. The research results showed that when the PSL was at 25 m and BPD was at 20 m, the gas concentration at the working area was not abnormal, and the gas concentration in the upper corner was lower. By adjusting the PSL and BPD of the test working area, the maximum gas concentration in the upper corner was reduced to 0.46% and the maximum gas concentration in the return air outlet was reduced to 0.41%. The experimental and practical results provide important reference values for coal and gas co-mining.

Engineering Game Theory of Green Hydrogen towards Energy Transition using Shariah Jurisprudence Developmental Framework based on Ethical Decision-making from Philosophy of Technology

Purpose: This paper is designed to address problems on commercial laws and illustrate sustainable development modellings of ethical decision-making and shariah jurisprudence method to interpret the statutory laws for renewable energies and develop an equation for exhibition of its economic impacts along with the 2050 planning of storage capacity for renewable power percentage of energy transition in relation to service of electricity demands.
 Methodology: Hamburg to Rotterdam Rules are legal instruments of commercial transactions pertaining to transportation laws of goods under agreements. Meanwhile, statutory interpretation serves as an illustration of legislative framework formulated for public welfare and safety, in harmony with constitutional laws. Electricity regulations are statutory laws for reflexive judgement of the laws of thermodynamics pertaining to mass conservation, momentum theorem, and energy equation concerning economics of the business environment.
 Findings: Green hydrogen is a technical product of concession for renewable energies. The paradigm shift to solar power is a form of energy transition to target carbon emission towards zero level through reduction of greenhouse gases. Sustainable development is a monetary framework of business innovations and marketing of goods and services. However, there are apparent limitations on these contract laws, hence, issues can be raised concerning environmental laws of business transactions pertaining to technological services.
 Recommendation: If green economy is the 2050 plan of energy transition, the pressure relative to viscosity of hydrogen power of solar energy must be developed congruent to Ideal Gas Law, exhibiting relativity to Euler and Lorenz number in connection with thermal conductivity and its resistance akin to viscosity. 

Legal Practices Beyond the Law That Eliminate the Rights of Traffic Accident Victims in the Implementation of Special Lease Transportation

The present study identifies legal practices that violate legal entity requirements for operating Special Lease Transportation (SRT), extending beyond the boundaries of established laws. This transgression takes the form of vertical inconsistencies in the hierarchy of laws and regulations, where higher regulatory norms mandate SRT administrators to be legal entities, while lower regulatory norms allow them to operate without such status. Such inconsistencies have profound implications for the loss of corporate criminal charges and the right to compensation for victims of traffic accidents caused by SRT organizers who lack a legal entity. The absence of adequate legal norms to protect and guarantee corporate criminal charges and the right to compensation for victims of traffic accidents arising from SRT operators without legal entity status constitutes a legal practice that goes beyond established law. Such practices disregard the protection of guarantees for legal certainty and community justice, as stipulated in legislation. Keywords: Road Transportation Law, Regulatory Inconsistency, Right to Compensate Traffic Accident Victims. DOI: 10.7176/JLPG/131-08 Publication date: April 30 th 2023

Transport Characteristics of Tailing Sand Particles under Slotted Tube Overlapped with Geotextile and Steel Mesh

Compared with a one-dimensional test, a two-dimensional test has the potential to study the transport characteristics of particles in tailings under different filtration materials. Due to the different test conditions and the complex test environment, the existing devices generally have limited measuring range or high accuracy. Thus, it is urgent to develop an advanced device to improve the ability of the transport characteristics of particles. In this study, a two-dimensional radial flow device is designed for analyzing the transport characteristics of particles which combine the water tank with adjustable pressure and the seepage body providing a tailing sand environment. An experimental system is built, and a seepage process is carried out to explore the transport characteristics of particles. The results indicate that when head difference remains stable, the mixture consisting of the tailing sand and water gradually transports to the vicinity of the slotted tube along the diameter direction. With an increase in head difference, the tailing sand particle size in the mixture shows a slow upward trend, which migrates in the tailing sand. And the proportion of tailing sand particles with different sizes varies under different head differences. Separation of the mixture consisting of tailing sand particles and water occurs near infiltration material, while the mixture has different transportation laws under different filtration materials. Under geotextile, most fine tailing sand particles which transport from the edge remain in geotextiles, causing an increase in the proportion of fine particles around the slotted tube. However, most fine particles pass through steel mesh, leading to a decrease in the proportion of fine particles.

Institutional earmarks: the earmark moratorium and federal highway spending

AbstractIn 2010, the United States Congress placed a moratorium on earmarks – congressionally mandated spending projects. But did the earmark moratorium actually rid public policy of earmarks? I use earmark data and 2010–2020 state-level highway funding metrics to examine the relationship between previously expired transportation earmarks and federal highway funding during the earmark moratorium. Earmarks in the 2005 surface transportation law (SAFETEA-LU) continued to benefit certain states in 2020, even though the projects technically expired in 2009. This is because the funding “formulas” established by all post-2009 surface transportation laws were fully determined by the highway allocation percentage each state received in the preceding year, inclusive of earmarks. Further, I find the relationship between SAFETEA-LU earmarks and state funding disparities strengthened from 2010 to 2020, meaning the expired earmarks increased in policy significance during the moratorium. Highly earmarked states became even more advantaged after the earmarks were institutionalised into the highway funding formula.

The Urgency of the Improved Intensity of Traffic Usage Safety Education by Students

Motorcycle is the most commonly owned transportation mode by most Indonesian citizens due to its affordable price and size, which makes them suitable for road shapes in Indonesian residential area. In recent times, student motorcyclists have increased in number, although using motorcycles by people younger than 17 years old violates the Law of Traffic Usage and Road Transportation and might be penalized. Motorcycles are the type of vehicle that has accident-prone characteristics. Many student motorcyclists have been in traffic accidents resulting in injuries, physical disabilities even deaths. Traffic usage safety has been conducted in various types of media, written or electronic. It has been done in school counseling as well. Most students have yet to take the session regularly. The material and methods of education delivery of traffic have been rated well. The primary data is obtained by sharing questionnaires using Google Forms by junior and senior high school students in Bekasi Regency. The data analysis uses Crosstab and Chi-Square tests. Based on the analysis result, there is a connection between gender, age, school level, traveling time, and traffic usage education intensity with traffic accidents that have been experienced. The more intense the education/socialization on traffic safety, the less the percentage of an accident will be. Theoretically, student motorcyclists' understanding of traffic safety is rated well, although the application consistency has yet to be seen. Therefore, there has to be an improvement in the education/ socialization intensity of traffic that enables every student to receive the educational material.

Pengaturan Santunan Asuransi Kecelakaan Penumpang dan Driver Go-Ride yang Diberikan Oleh PT Gojek

Indonesia is now entering the digital era and is developing not only in information technology but also in the field of transportation. People can now order motorcycle public transport (Go- Ride) only through the application. Go-Ride is one of the services provided by Gojek, whose mission is to carry passengers. High interest in the use of Go-Ride can cause traffic accidents. The purpose of this investigation is to find laws and regulations regarding insurance for public transport passengers and to determine regulations regarding the fulfillment of insurance claims due to accidents between passengers and Go-Ride drivers. The type of study used by the author is normative study. The nature of this study is descriptive and analytical. The data sources used in this study are primary and secondary data sources. In the data analysis method of this study, the author uses qualitative data analysis using an interactive model. The results of this study explain the regulations that Gojek used as a reference for implementing insurance. The regulation in question is Road Traffic and Transportation Law No. 22 of 2009, which requires all carriers to be held responsible in the event of a passenger accident, with Go-Ride passengers and drivers in an accident. Explains the mechanism of providing insurance coverage in the event of an accident. There are two types of highways and passenger insurance is Basic penumpang Go¬-Ride dan Perjalanan Aman+.

URGENSI PENGGUNAAN TELEX RELEASE DALAM PROSES PENYELENGGARAAN PENGANGKUTAN BARANG MELALUI LAUT DI INDONESIA

Indonesia is one of the countries that has implemented the telex release process in the implementation of the transportation of goods by sea. Telex release is the process of digitizing the bill of lading because the delivery of the document is sent via email from the carrier to the sender. However, the regulations governing the operation of sea transportation in Indonesia have not explicitly accommodated telex releases, even though in practice telex releases have been used in the implementation of sea transportation in Indonesia. Efforts that can be made to optimize the use of telex releases are by accommodating the principles contained in international instruments related to sea transportation law, making rules and norms related to the use of telex releases, considering Indonesia's membership in international organizations in the field of sea transportation, and creating the process of organizing sea transportation in Indonesia becomes more effective and efficient through the use of telex releases.

Research on the Legal Nature of Bill of Lading (BOL) in International Cargo Transportation

The Hague Rules, Hamburg Rules, Maritime Laws of the People’s Republic of China, Uniform Transportation Laws and The United States Freight Act of 1999 have similar but different provisions on the nature of bill of lading. The Hague Rules use covered to stipulate that the bill of lading is the proof of carriage contract, while covered also means including. The Hamburg Rules and Maritime Laws of the People’s Republic of China use evidence to stipulate that the bill of lading is the proof of carriage contract, while the United States Freight Act 1999 considers the bill of lading as the carriage contract directly. For this problem that the nature of the bill of lading is proof of the carriage contract or the carrier of the carriage contract, this paper adopts the methods of literature research and comparative study, starting from the relevant legal provisions of bill of lading, progressively analyze the legal nature of bill of lading and draw a conclusion from the perspective of the conclusion of carriage contract, the relationship between bill of lading and carrier of carriage contract and carrier of carriage contract three dimensions. That is, the bill of lading is not the carriage contract and the rights and obligations of both parties are subject to the carriage contract in the non-public carrier contract of human transport. In the public carrier contract of human transport, the bill of lading is the carrier of the carriage contract in some cases, but only the proof of the carriage contract iLn some cases.

Lossless storage and transportation law of 250m3 horizontal liquid hydrogen storage tank

In this paper, the effects of the initial filling rate and heat flux density on the natural convection inside the liquid hydrogen storage tank and the variation laws of temperature and pressure are studied. The study found that the optimal initial filling rate of the 250m3 liquid hydrogen storage tank was 86%. When the initial filling rate is in the range of 35% to 95%, the change of the heat flux density has a greater impact on the self-pressurization phenomenon than the change of the filling rate. When the initial filling rate is lower than 35%, the pressure in the tank rises sharply, and the change of the initial filling rate has a great influence on the self-pressurization phenomenon. The high initial filling rate and high heat flux density make the pressure rise of the liquid hydrogen storage tank faster during the pressure recovery period. When the liquid hydrogen begins to evaporate in large quantities, the low filling rate and high heat flux make the tank pressure increase faster. By comparing the three thermodynamic models with the simulation results, it is found that the pressure deviation of the 250 m3 liquid hydrogen storage tank with a filling rate of 86% is within 20% calculated by the three-zone model, which is the closest to the simulation results. The deviation of the surface evaporation model at high heat flux density and high filling rate reached 76% and 88.3%, respectively, which was the most affected calculation model by the change of heat flux density and initial filling rate.

Effects of Reduced Space Allowance and Heat Stress on Behavior and Eye Temperature in Unweaned Lambs: A Pilot Study.

Simple SummaryIn Europe, young lambs can be transported long distances for slaughter. While transport is regulated by E.U. law, there is a lack of research investigating the optimal transport conditions specifically for young lambs. For example, while the regulations set a minimum space allowance for lambs above 26 kg, no minimum is specified for young lambs meaning they can be transported in overcrowded conditions. Further, while the temperature within the vehicle must be maintained between 5–30 °C, this is well above the 21 °C said to be the upper end of the comfortable range for lambs. This study aimed to investigate how variation in space allowance and temperature can affect the welfare of young lambs. Three groups of lambs were created where either the density of individuals (0.27 vs. 0.20 m2 per head) or the temperature range (12–18 °C vs. 19–30 °C) varied. Lambs housed in the higher density and heat stress groups showed more discomfort and higher body temperatures. In addition, lambs kept in the heat stress group lost weight over the course of the study, and showed signs of heat stress when the temperature exceeded 25 °C. These results indicate that the regulations for the transport of young lambs need to be refined.Current European animal transportation law contains only a few and vague indications concerning how to move lambs of less than 26 kg. Moreover, little information is available in the literature about factors affecting these lambs’ welfare. We investigated the effect of space allowance and ambient temperature on the welfare of unweaned Lacaune lambs during a simulation of long-distance transportation (19 h). Three groups of lambs (N = 130) were housed in equally sized pens for 19 h, Control (C; n = 39; 0.27 m2 per head), Low Space Allowance (LSA; n = 52; 0.20 m2 per head), and Heat Stress (HS; n = 39; 0.27 m2 per head) groups. LSA lambs had lower space allowance than C but were tested at the same temperature, within their Thermoneutral zone (range = 12–18 °C). The HS lambs were, instead, subjected to higher temperatures (range = 19–30 °C). Scan sampling of behavior was conducted, eye temperature and body weight were also recorded. LSA and HS lambs showed more discomfort behaviors (p < 0.05) and higher eye temperatures (p < 0.001) compared to C lambs, while HS lambs additionally showed a decrease in body weight over the experimental period (p < 0.001). This study indicates that lower space allowances and higher temperatures impact negatively the welfare of lambs transported for slaughter suggesting that the regulation should be implemented taking these factors into account.

Electromagnetic curves and Rytov curves based on the hyperbolic split quaternion algebra

This paper aims to investigate the hyperbolically the motion of the polarization plane traveling along the linearly polarized light wave in the optical fiber via the hyperbolic split quaternion algebra. The motion of the electric field (polarization vector) about an axis on the general hyperboloid is described by the Lorentzian scalar product space Ra1,a2,a32,1. The hyperbolic geometric (Berry) phase models are generated through the pseudo-spheres of Ra1,a2,a32,1. Then, the parametric representations of the Rytov curves are obtained via the hyperbolic split quaternion product and one-parameter homothetic motion. Then, the hyperbolically motion of the electric field is expressed by the Fermi–Walker parallel transportation law. Moreover, the electromagnetic curves (EM-curves) associated with the electric field E are determined via the hyperbolic geometric phase models in the optical fiber. Furthermore, some motivating examples are presented by using the MAPLE program.