Urgensi Pengaturan Hukum Tentang Tanggung Jawab Perusahaan Angkutan Sewa Khusus terhadap Keselamatan Penumpang

Abstract

Passenger security and safety in specialized rental transport services (angkutan sewa khusus) have become a critical subject of academic inquiry, particularly in the era of e-commerce and digital transactions. While the demand for application-based transport services continues to rise, numerous accident cases have revealed a significant imbalance in liability, where the burden of risk is disproportionately placed on drivers or passengers as victims. This study aims to analyze the legal liability of specialized transport companies and advocates for a regulatory framework that establishes a fair passenger protection mechanism. Employing a qualitative method with descriptive analysis, this study integrates data from legislative reviews, case studies of transport accidents, and interviews with legal experts and transportation practitioners. The findings indicate that the corporate obligations stipulated in Law No. 22 of 2009 and Minister of Transportation Regulation No. 118 of 2018 (as amended by Regulation No. 17 of 2019) remain generic and fail to explicitly define liability mechanisms in the event of accidents. This regulatory gap results in inadequate legal protection for passengers. Notably, 2023 data from the Indonesian National Police recorded 148,575 traffic accidents—77% involving motorcycles and largely attributed to human error—highlighting the urgent need for more robust corporate liability standards. The novelty of this research lies in its proposal for a legal framework that explicitly mandates corporate responsibility for passenger safety, anchored in the principle of justice. Consequently, legal protection must shift from burdening drivers and victims toward holding the company as the primary entity accountable for ensuring safety in all services provided