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AI Summary of Peer-Reviewed Research

This page presents an AI-generated summary of a published research paper. The original authors did not write or review this article. [See full disclosure ↓]

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Liability for Whoosh feeder train crossing accidents is assigned to state and corporate negligence

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A red and green diesel locomotive pulling freight cars approaches an unguarded railway level crossing marked by a red and white X-shaped warning sign at a rural road intersection under a partly cloudy sky.
Research area:LawIndonesian Legal and Regulatory StudiesLiability

What the study found

The study concludes that legal responsibility for fatal Whoosh feeder train accidents at unguarded level crossings is not limited to road users. It argues that both state and corporate administrative negligence satisfy the elements of an unlawful act.

Why the authors say this matters

The authors say the lack of recovery for material damage denies the principles of utility and legal certainty. They also suggest that the courts should apply material damage claims under joint and several liability to restore justice.

What the researchers tested

This is normative legal research using statute and conceptual approaches. The researchers qualitatively and deductively analyzed railway, traffic, and civil law regulations related to unguarded level crossings, victim protection, and liability.

What worked and what didn't

The abstract says the schedule pressure of time integration, or bundling, fails to meet the Railway Safety Management System. It also says the absence of boom gates is an infrastructure omission by the local government, and that liability shifts to PT Kereta Api Indonesia (Persero) under the vicarious liability doctrine.

What to keep in mind

The summary provided is limited to the abstract, so the full arguments, case details, and supporting evidence are not available here. The abstract does not describe empirical testing, and its conclusions are stated within a legal-analytical framework.

Key points

  • The study focuses on fatal accidents involving the Whoosh feeder train at unguarded level crossings.
  • It argues that road users face uneven protection because state social insurance is limited and sectoral rules offer only illusory protection for the operator.
  • The authors contend that time integration pressure fails to satisfy the Railway Safety Management System.
  • The abstract links the absence of boom gates to infrastructure omission by the local government.
  • The study recommends joint and several liability under Articles 1365 and 1366 of the Civil Code.

Disclosure

Research title:
Liability for Whoosh feeder train crossing accidents is assigned to state and corporate negligence
Authors:
Irine Sofa Nugri Hastiwi, Balqis Salsabila, Yayang Izzati, Zefanya Margaretha
Institutions:
Airlangga University, Airlangga University, Airlangga University, Airlangga University
Publication date:
2026-03-03
DOI:
10.37276/sjh.v7i2.643
OpenAlex record:
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AI provenance: This post was generated by gpt-5.4-mini (OpenAI). The original authors did not write or review this post.