TANGGUNG JAWAB PENGANGKUT TERHADAP PENUMPANG DALAM PERJANJIAN PENGANGKUTAN PARIWISATA APABILA TERJADI KECELAKAAN LALU LINTAS (Studi Kasus di P.O. Al-Mubarok Malang)
| Main Author: | Muslih, Muslih |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2008
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/5535/1/TANGGUNG_JAWAB_PENGANGKUT_TERHADAP_PENUMPANGDALAM_PERJANJIAN_PENGANGKUTAN_PARIWISATA_APABILATERJADI_KECELAKAAN_LALU_LINTAS.pdf http://eprints.umm.ac.id/5535/ |
Daftar Isi:
- Transportation of tourism basically represent the transportation of owning special service characteristic and needed to management fluency and service of waists, but that way its management remain to have to pay attention rule which arranged in law, its meaning not get out of law wearied in ordinary publics transport. Matter is that way affirmed in Section 38 sentence (1) Law Number 14 Year 1992 about Traffic and Street Transportation explained that transportation of people with vehicle of public for tourism, conducted with paying attention regulations of Traffic and Street Transportation. Transportation agreement is reciprocal agreement which conveyor bind itself to carry out transportation of goods and/or people from a place to certain location safely, while consignor bind itself to pay transportation fee. Consequence of conveyor is to hold responsible to loss suffered by passenger, consignor of goods, or third party, because its negligence in executing service of transportation. This matter arranged in Section 45 sentence (1) Law No. 14 Year 1992 about Traffic and Street Transportation. This research conducted in Company of Automotive Al-Mubarok Malang, which represents one of the service firms is transportation of waists. Intention of this research is to know responsibility form in Company of Automotive Al-Mubarok to passenger in transportation of tourism agreement if the event of transportation accident. Technique in collecting data done by observation, interview, and documentation, while method used in presentation of data is sociologies yuridis. The result from this research got that responsibility Company of Automotive Al-Mubarok to loss suffered by passenger is pursuant to responsibility principle that relied on mistake element (Fault Liability). In this principle, conveyor obliged to responsible of all loss suffered by passenger of tourism during staying in transportation activity caused of transportation which carried out because of conveyor side mistake. Burden to do verification of conveyor mistake is on passenger side which in this case passenger side represent unprofitable side caused of negligence or mistake which have been conducted by conveyor side. If conveyors have done mistake resulting loss on the side of passenger, thereby passenger side entitled to get ingemination from conveyor side. While if passenger cannot give chapter and verse expressing that conveyor have done mistake in executing activity of transportation, hence conveyor side not obliged to give compensatory to passenger side, thereby passenger have to account self all kind of its suffered loss. In this case, verification burden in this principle is passenger side. In management of transportation of tourism in Company of Automotive Al-Mubarok have experienced of accidents that is in the year 2003 and 2006 resulting 10 passenger suffered injury. As its responsibility form to loss suffered by passenger in management of transportation, Company of Automotive Al-Mubarok give decent to all natural accident victim suffered injury about Rp. 1.000.000,- ( one million rupiah). Besides, Company of Automotive Al-Mubarok assists accident victim or his heir in course proffering of compensatory claim to PT. Jasa Raharja, because Company of Automotive Al-Mubarok have insured some of responsibility to PT. Jasa Raharja. The passenger of unprofitable tourism caused of negligence conducted by conveyor can file a bill directly to side of Company of Automotive Al-Mubarok. Besides, Company of Automotive Al-Mubarok also serves demand of passenger of unprofitable tourism judicially in justice. Passenger demand to Company of Automotive Al-Mubarok can in the form of demand Punished and demand civilly.