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DOI: https://doi.org/10.38035/jlph.v5i3
https://creativecommons.org/licenses/by/4.0/
Legal Protection for Consumers in the Transportation Sector: An
Analysis of Consumer Rights and the Responsibilities of Public
Transport Service Providers
Bernadetta Tjandra Wulandari1.
1Universitas Katolik Indonesia Atma Jaya, Indonesia, bernadetta.wd@atmajaya.ac.id.
Corresponding Author: bernadetta.wd@atmajaya.ac.id1
Abstract: Consumer protection in the transportation sector is a crucial aspect of public service
governance, ensuring that consumer rights are safeguarded while maintaining the accountability
of service providers. This study aims to analyze the legal protection mechanisms for consumers
in the transportation sector, focusing on the rights of consumers and the responsibilities of
public transport service providers. Using a qualitative research methodology, this study
employs a literature review approach (library research) to examine relevant legal frameworks,
regulations, and case studies at both national and international levels. The findings indicate that
while many legal frameworks exist to protect consumer rights in the transportation sector,
enforcement and implementation remain inconsistent. Consumers are entitled to safety,
security, accessibility, and fair treatment, yet challenges such as inadequate regulations, lack of
transparency, and insufficient enforcement mechanisms often hinder their protection. Public
transport service providers, on the other hand, have a responsibility to ensure service reliability,
safety standards, and adherence to consumer protection laws. This study highlights the need for
stronger regulatory oversight, improved legal enforcement, and increased consumer awareness
to enhance consumer protection in the transportation sector. By analyzing legal principles and
international best practices, this study contributes to the discourse on consumer rights and
public transport governance. Strengthening legal frameworks and promoting responsible
service delivery are essential to ensuring a fair and efficient transportation system.
Keyword: Consumer Protection, Transportation Law, Public Transport, Consumer Rights,
Legal Responsibility.
INTRODUCTION
The transportation sector plays a vital role in modern society, serving as a crucial
infrastructure for economic development and social mobility. However, the increasing
complexity of public transportation services has raised significant concerns regarding consumer
protection and rights (Hardianto & Nasution, 2024a). Recent studies indicate that despite
regulatory frameworks, consumers often face challenges such as service quality issues, safety
concerns, and inadequate protection mechanisms in public transportation.While existing
research has extensively explored various aspects of transportation services, there remains a
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significant gap in understanding the comprehensive relationship between consumer protection
laws and public transportation service providers' responsibilities. Previous studies have
primarily focused on specific modes of transportation or regional contexts, lacking a holistic
approach to consumer protection in the transportation sector. Furthermore, the emergence of
new transportation modes and service models has created additional challenges in ensuring
adequate consumer protection (Gichohi & Muna, 2018).
The urgency of this research is underscored by the increasing number of consumer
complaints and incidents in the transportation sector, highlighting the need for stronger legal
frameworks and clearer accountability mechanisms (Pujiyono & Pati, 2019). Recent data shows
a concerning trend in consumer rights violations within public transportation services, ranging
from safety issues to service quality concerns (Iping, 2023). This study aims to analyze the
current legal framework for consumer protection in the transportation sector, examine the
effectiveness of existing consumer rights mechanisms, and evaluate service providers'
responsibilities in ensuring consumer protection. The findings will contribute to the
development of more effective consumer protection policies and enhance the quality of public
transportation services (Ratnawati & Budhianti, 2022).
METHOD
This research employs a qualitative approach with literature study design to
comprehensively analyze legal protection for consumers in the transportation sector. The
qualitative method is chosen as it enables an in-depth exploration of phenomena, social
activities, perceptions, and thoughts related to consumer protection and transportation service
providers' responsibilities. As a literature study, this research utilizes various written materials
as primary and secondary data sources. The primary data sources include legal documents,
regulations, and policies related to consumer protection and transportation services. Secondary
data encompasses academic journals, research articles, books, official reports, and other
relevant publications from the past five years. This comprehensive data collection approach
allows for a thorough examination of existing literature and theoretical frameworks (Kent,
2022).The data collection process involves systematic documentation review and content
analysis of relevant materials.
This includes identifying, gathering, and analyzing documents related to consumer
protection laws, transportation regulations, consumer rights cases, and service provider
responsibilities. The research employs careful selection criteria to ensure the relevance and
reliability of the sources, particularly focusing on peer-reviewed publications and official legal
documents (Priyanto et al., 2023).For data analysis, this study implements a qualitative content
analysis method following several systematic steps. First, organizing and preparing the data by
categorizing materials based on their relevance and significance. Second, conducting a
thorough reading of all collected data to gain a comprehensive understanding. Third, coding the
data to identify key themes and patterns. Fourth, generating descriptions and themes through
the coding process.
Finally, interpreting the findings to draw meaningful conclusions about consumer
protection in the transportation sector (Dewi, 2022).To ensure the trustworthiness of the
research, this study employs triangulation by cross-referencing multiple data sources and
perspectives. This approach helps validate the findings and provides a more comprehensive
understanding of the research topic. The analysis focuses on identifying patterns, relationships,
and emerging themes related to consumer protection mechanisms, legal frameworks, and
service provider responsibilities in the transportation sector.
RESULTS AND DISCUSSION
From a systematic search in the Google Scholar database spanning 2014-2024, over 150
articles related to consumer protection in the transportation sector were initially identified.
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Through rigorous screening based on inclusion criteria including relevance, publication date,
and methodological quality, 10 most pertinent articles were selected for in-depth analysis..
No
Authors & Year
Title
Key Findings
1
(Hardianto & Nasution,
2024)
Legal Protection for Consumers Using
Transportation Services on The River
Implementation of safety
SOPs is still weak and
government supervision
is not optimal
2
(Iping, 2023)
Consumer protection of users of nipah-sadu
crossing transportation
services in nipah panjang district, tanjung
jabung east regency
There is a need to
strengthen the system for
handling consumer
complaints and
standardize services
3
(Yarmen & Sumaedi,
2016)
Perceived Service Quality of Youth Public
Transport Passengers
This research aims to
explore the dimension of
perceived service quality
of youth public transport
passengers
4
(Samašonok et al., 2021)
A Study of the Satisfaction of the Population
of Major Lithuanian Cities With Public
Transport Services
Kualitas layanan
transportasi publik sangat
penting untuk menarik
lebih banyak konsumen,
yang pada gilirannya
dapat mengurangi
kemacetan dan polusi
5
(Leonnard & Susilowati,
2018)
Electronic Word of Mouth (E-Wom) of
Transportation Application Consumers in
Indonesia: Which Factors That Are Matter
Pengaruh dari Electronic
Word of Mouth (E-
WOM) terhadap
pengalaman konsumen
dalam layanan
transportasi, yang
menunjukkan bahwa
pengalaman positif dapat
meningkatkan citra
layanan
6
(Alsmadi & Khizindar,
2015)
Consumers’ perceptions of consumer rights
in Jordan
Perlindungan konsumen
di negara berkembang,
termasuk hak-hak
konsumen, sering kali
kurang dihormati, yang
menunjukkan perlunya
peningkatan kesadaran
dan perlindungan hukum
7
(Noor et al., 2014)
Determinants of Customer Satisfaction of
Service Quality: City Bus Service in Kota
Kinabalu, Malaysia
Desain layanan yang
buruk dapat mengurangi
penggunaan transportasi
publik
8
(Behrens et al., 2017)
Improving paratransit service: Lessons from
inter-city matatu cooperatives in Kenya
Layanan paratransit di
Kenya dan menyoroti
tantangan yang dihadapi
dalam menyediakan
layanan transportasi
9
(Neacşu & Madar, 2019)
The influence of consumer protection on the
satisfaction of airline passengers
Perlindungan konsumen
yang efektif dapat
meningkatkan kepuasan
penumpang
10
(Taklima et al., 2023)
Consumer Protection as an Instrument for
Fulfilling Human Rights in the Economic
Sector and Its Constitutionalizing Efforts in
the 1945 Constitution
Perlindungan konsumen
harus diintegrasikan
dengan hak asasi manusia
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The findings from the literature review reveal several critical aspects of consumer
protection in the transportation sector that warrant detailed discussion. The implementation of
safety protocols and regulatory oversight, particularly highlighted by Hardianto & Nasution
(2024), reflects a persistent challenge in current transportation services. This issue is especially
evident in developing regions where regulatory frameworks exist but enforcement remains
weak, potentially compromising passenger safety and service quality.
Service quality emerges as a fundamental determinant of consumer protection
effectiveness. Yarmen & Sumaedi's (2016) research aligns with current market dynamics where
consumers increasingly demand higher service standards. This trend is particularly relevant in
the context of emerging transportation technologies and service models, where traditional
consumer protection frameworks may need adaptation to address new challenges.
The impact of digital communication on consumer protection, as explored by Leonnard
& Susilowati (2018), reflects the growing influence of social media and online platforms in
shaping service expectations and accountability. This finding is particularly significant in
today's digital age, where consumer feedback can rapidly influence service provider behavior
and industry standards. The power of electronic word-of-mouth has become a de facto
consumer protection mechanism, often complementing formal regulatory frameworks.
Consumer rights awareness and implementation challenges identified by Alsmadi &
Khizindar (2015) remain relevant in contemporary transportation services. The gap between
established rights and their practical implementation often results from inadequate enforcement
mechanisms and limited consumer education. This situation is exacerbated in developing
regions where regulatory institutions may lack resources or authority to effectively protect
consumer interests.
The relationship between service design and consumer protection, highlighted by Noor
et al. (2014), demonstrates the interconnected nature of operational efficiency and consumer
rights. Current transportation systems often struggle to balance operational constraints with
consumer protection requirements, particularly in rapidly growing urban areas where
infrastructure development lags behind service demand.
Samašonok et al.'s (2021) findings on public transportation quality in major cities reflect
the growing importance of sustainable urban mobility. The current global emphasis on reducing
carbon emissions and promoting public transportation requires a robust consumer protection
framework to ensure service quality and reliability, thereby encouraging broader public
transport adoption.
The integration of consumer protection with human rights frameworks, as proposed by
Taklima et al. (2023), represents a progressive approach to consumer protection. This
perspective aligns with contemporary human rights discourse and suggests that access to safe,
reliable transportation services should be considered a fundamental right rather than merely a
commercial service.
The challenges in paratransit services identified by Behrens et al. (2017) highlight the
complexity of regulating informal transportation sectors. This issue remains relevant in many
developing regions where informal transportation services fill crucial gaps in formal public
transport networks. Effective consumer protection in these contexts requires innovative
approaches that consider both formal and informal service providers.
The correlation between consumer protection and passenger satisfaction in airline
services, noted by Neacşu & Madar (2019), demonstrates the business case for strong consumer
protection measures. This finding suggests that investing in consumer protection can yield
positive returns through increased customer loyalty and service utilization, a principle
applicable across all transportation modes.
Current market trends indicate an increasing convergence of traditional and digital
transportation services, creating new challenges for consumer protection frameworks. The
emergence of ride-hailing services, shared mobility platforms, and integrated transportation
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apps requires adaptive consumer protection measures that can address both conventional and
innovative service models.
The findings collectively suggest that effective consumer protection in transportation
requires a multi-faceted approach combining robust regulatory frameworks, efficient
enforcement mechanisms, and consumer education. This approach must be adaptable to
emerging technologies and changing consumer expectations while maintaining core protection
principles.
From a theoretical perspective, these findings align with consumer protection theories
emphasizing the importance of information symmetry, market fairness, and consumer
empowerment. However, the practical implementation of these principles faces significant
challenges in the dynamic transportation sector, particularly in balancing service provider
interests with consumer rights.
The author observes that while significant progress has been made in establishing
consumer protection frameworks, considerable work remains in ensuring their effective
implementation. The increasing complexity of transportation services, combined with rapid
technological advancement, necessitates continuous evolution of consumer protection measures
to address emerging challenges while maintaining fundamental consumer rights.
CONCLUSION
The comprehensive analysis of consumer protection in the transportation sector reveals
significant gaps between established legal frameworks and their practical implementation. This
study demonstrates persistent challenges in enforcing safety protocols, maintaining service
quality standards, and ensuring effective consumer rights protection across various
transportation modes. These challenges are particularly evident in developing regions, where
regulatory oversight and enforcement mechanisms frequently lack adequate resources and
authority to effectively protect consumer interests.
The findings emphasize that effective consumer protection in the transportation sector
requires a multi-dimensional approach integrating legal frameworks, operational efficiency,
and consumer awareness. Digital communication and consumer feedback play increasingly
crucial roles in shaping service standards and accountability mechanisms. The integration of
consumer protection with human rights frameworks emerges as a progressive approach that
could strengthen the foundation for comprehensive consumer protection measures, particularly
in ensuring accessible and equitable transportation services for all segments of society.
Service quality and consumer satisfaction demonstrate an intrinsic link to the
effectiveness of consumer protection measures. The research indicates that investing in robust
consumer protection mechanisms can yield positive returns through increased customer loyalty
and service utilization. However, the emergence of new transportation technologies and service
models presents additional challenges that require adaptive and innovative protection
frameworks to ensure consumer rights are adequately protected in evolving service
environments.
For future research directions, scholars should focus on investigating the impact of
emerging technologies and digital platforms on consumer protection mechanisms in the
transportation sector. This includes examining how artificial intelligence and data analytics can
enhance monitoring and enforcement of consumer protection measures. Additionally, research
should explore the effectiveness of different enforcement models across various jurisdictions
to identify best practices that can be adapted and implemented more broadly.
Further research is needed to analyze the economic implications of enhanced consumer
protection measures on transportation service providers and investigate the role of public-
private partnerships in strengthening consumer protection frameworks. Studies should also
examine the effectiveness of alternative dispute resolution mechanisms in addressing consumer
complaints, particularly in the context of new transportation service models. These research
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directions would contribute valuable insights for developing more comprehensive and effective
consumer protection frameworks that can adapt to the evolving transportation sector while
ensuring robust protection of consumer rights.
The development of sustainable transportation systems should also be considered in
future research, particularly examining how consumer protection measures can support and
enhance sustainability initiatives while maintaining high service quality standards. This
includes investigating the relationship between consumer protection implementation and
sustainable transportation development, as well as studying how protection frameworks can
encourage the adoption of environmentally friendly transportation options without
compromising consumer rights and safety.
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