Yudha, Candi Tata (2018) Tanggung Gugat Penyedia Jasa Angkutan Daring Dalam Menyelenggarakan Pengangkutan Orang. Other thesis, Wijaya Kusuma Surabaya University.
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Abstract
ABSTRACT Research entitled Liability for Online Transport Service Providers in Carriage of Carriers The first person to know and analyze account carrier liability in case of loss to passengers. Secondly to know and analyze the legal efforts of passengers of the online transport to the losses suffered. The research method used in this thesis uses Normative research method which is library research, that is research on the regulations and the literature related to the material discussed by collecting the material of law. Based on the results of research can be concluded First: Online transport service providers can be accountable if causing losses to passengers because: Violate Law: Some consumers complain of a single accident due to driver error, the consumer experienced a high upper limit rate up to 3 times. Default Actions: If a passenger stops not in accordance with the stated objectives of the application, it is detrimental to the driver and service provider. Second: If a passenger is at a disadvantage in the case of services provided by an online carrier, he / she is entitled to assume accountability of the service provider, if the service provider does not provide legal protection, the passenger shall be entitled to a legal action by: Non Litigation: consumer dispute resolution through BPSK no longer recognize terms of negotiation and expert judgment commonly known in the Law of the Republic of Indonesia Number 30 Year 1999 concerning arbitration and Alternative dispute settlement. In this case Kepmenperindag No. 350 / MPP / Kep / 12/2001 which is the implementation regulation of Law no. 8 of 1999 is a lex specialis against Law no. 30 Year 1999 as lex generalis. Referring to Article 4 paragraph (1) Kepmenperindag No. 350 / MPP / Kep / 12/2001, the settlement of consumer disputes by BPSK through conciliation or mediation or arbitration as referred to in Article 3 paragraph a. shall be made on the basis of the choice and consent of the parties concerned. It should be noted that the choice of one of the ways in which the dispute is settled is not a gradual dispute resolution process. Litigation: If the parties agree to opt for consumer dispute resolution through mediation, then the opportunity to settle a consumer dispute arises through conciliation or arbitration. If the legal effort is not responded by the service provider then the next step is the settlement through the process of Litigation (Court). If the legal effort is not in response by the service provider then the next step is the settlement through the Litigation process that is the General Court. Keywords: Liability, Transportation, People Transportation.
Item Type: | Thesis (Other) |
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Uncontrolled Keywords: | Liability, Transportation, People Transportation |
Subjects: | K Law > K Law (General) |
Divisions: | Faculty of Law > Law Sciences Study Program |
Depositing User: | Candi Tata Yudha |
Date Deposited: | 26 Sep 2018 02:54 |
Last Modified: | 26 Sep 2018 02:54 |
URI: | http://erepository.uwks.ac.id/id/eprint/2674 |
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