The
development of information and communication technology has encouraged the use
of GPS Tracker in the transportation sector to monitor the location, time, and
activity of vehicles in real-time. This technology is important in monitoring
compliance with the rules of operational hours of tronton transportation that
have been regulated in Law Number 19 of 2016 concerning Electronic Information
and Transactions, Law Number 22 of 2009 concerning Traffic and Road
Transportation, Ambon City Regional Regulation Number 5 of 2011 concerning the
Implementation of Traffic and Road Transportation, Ambon Mayor Regulation
Number 51 of 2018 concerning Regulation of Operational Hours of Heavy Equipment
Vehicles, Container Transportation, and Similar Large Vehicles, as well as
Regulation of the Director General of Land Transportation Number KP.2081 /
AJ.801 / DRJD / 2019 concerning Technical Instructions for Electronic Vehicle
Movement Monitoring Devices in Public Motorized Vehicles . However,
violations of operating hours in Ambon City still frequently occur and cause
losses to the community, such as the case in Hative Kecil in February 2025 when
a truck allegedly caused a power cable to break, resulting in a power outage,
damage to residents' homes, disruption of community social activities, and
losses to kiosks around the location of the incident.
This
study aims to examine the role of GPS tracker technology as evidence of
compensation and a form of liability for carriers in violation of operating
hours. This study uses a normative legal research method with a statutory
regulatory approach and literature review.
The
results of the study show that the GPS Tracker is a valid electronic evidence
based on Article 5 paragraph (1) of the Electronic Information and Transactions
Law because it is able to record location data, time, and vehicle activity in
real time so that it can prove violations of operating hours. In addition, the
form of liability of the carrier in this case is liability based on fault as
regulated in Article 1365 of the Civil Code, because the carrier is proven to
be negligent by continuing to operate the vehicle outside the specified hours,
resulting in losses for the public.
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