scholarly journals Legal Protection of Passenger on Online Transportation Based on Highway Traffic Act

2021 ◽  
Vol 2 (4) ◽  
pp. 569-590
Author(s):  
Dwita Pratama

The presence of online transportation can be recognized if it fulfills the requirements of the Ministerial Regulation of Transportation Act Number 108 of 2017 concerning the Implementation of Transportation of People with Public Motorized Vehicles Not on Routes. The problem that arises is when this online transportation does not have a transportation operation permit, which then the passengers do not get legal protection for it. The method used is normative juridical where the data used are primary data and secondary data and the data collection used is library research. The data obtained were analyzed qualitatively. From the discussion it can be concluded that 1.Insurance compensation for passengers who have an accident through PT Jasa Raharja is given to an online application-based transportation company that already has a transportation operation permit based on the provisions of the Ministerial Regulation of Transportation Act Number 108 of 2017 concerning the Implementation of Public Transportation with Public Motorized Vehicles Not On Routes which is carried out based on Act Number 33 of 1964 concerning the Passenger Accident Compulsory Insurance Fund, for online application-based transportation companies that do not have a transportation operation permit, in the event of an accident the passenger does not receive insurance compensation from PT Jasa Raharja. The responsibility of online transportation service providers has complied with Article 188 of Act Number 22 of 2009 concerning Traffic to compensate for the loss of passengers or shippers due to omission in carrying out transportation and road transportation services.

Author(s):  
Nor Hazrina ◽  
Yulfasni Yulfasni ◽  
Delfianti Delfianti

Today technology is growing rapidly including in the banking sector, banks as service providers continue to provide services to facilitate customer transactions, one of which is in the form of an ATM machine (Automatic Teller Machine), besides that customers as consumers in banking services also have the right to get comfort and security for funds entrusted by the customer to the bank, and also the bank is obliged to provide protection and safeguard against crime by third parties with skimming mode, as stipulated in the consumer protection law. The method in this research is normative juridical research. Research data were collected through literature study and interviews with resource persons to obtain primary data and literature studies to obtain primary data. The focus of this research is to find out how the Protection of Bank Customers From the Act of Skimming Viewed from the Consumer Protection Regulation. The results of the study indicate that the form of legal protection for bank customers from acts of skimming in terms of the Consumer protection Act that is legal protection and direct protection, and if there is a skimming action that is detrimental to the customer, and it is proven that there is no element of negligence from the customer, the bank will provide compensation for the amount of money lost.


2021 ◽  
Vol 2 (1) ◽  
pp. 49-58
Author(s):  
Rissa Afni Martinouva

Road users other than online public transportation must also be given legal protection and together enjoy the convenience of traffic facilities. Drivers are required to concentrate while driving a vehicle. This is regulated in Law Number 22 of 2009 concerning Road Transportation Traffic, Article 106 that everyone driving a motorized vehicle on the road is obliged to drive his vehicle fairly and with full concentration. The observations made were that attaching a communication device to online public transportation proved that the telephone was used while driving a vehicle. Communicating by telephone while driving a vehicle will cause an accident that will harm other road users. This study discusses the regulations for using the telephone while driving against online motorcycle taxis and law enforcement analysis the regulations for using the telephone while driving against online motorcycle taxis in Bandar Lampung. The results showed the telephone regulations while driving to online motorcycle taxis in Bandar Lampung were Permenhub No. 12 of 2019 Article 4, Article 6, Article 17, Article 18, and Article 19. The results of the analysis of law enforcement on the use of telephones while driving in the form of online motorcycle taxis to contact consumers on their way to the location 3 (three) times, namely 32% (thirty-two per cent) and the intensity of online motorcycle taxis to contact consumers more than 3 (three) times, namely 27% (twenty-seven percent). The analysis data has proven that the intensity of contacting passengers is very much done while driving. Online motorcycle taxi drivers do not obey the rules because they communicate more by telephone while driving.


2019 ◽  
Vol 2 (02) ◽  
pp. 81-99
Author(s):  
Hergy Andriawan ◽  
Sophia Purbasari ◽  
Citra Kemala Putri

Early traffic safety campaigns through populist healthy transportation is a government program mandated in Article 203 of Law 22/2009 concerning traffic and road transportation, aimed at reducing the density of traffic flow, minimizing accident rates in adolescents or since early, and reduce air pollution caused by motorized vehicles through populist healthy transportation, including Bikes to School, Walk to School, Bike to Work, and Walk to Work. The campaign was carried out based on police data which stated that school-age students accounted for the largest number of accidents and traffic congestion in Cimahi City. Objectiveity this campaign is to design a traffic safety campaign media early on through effective and efficient public transportation. The design of this data collection was using the Mix Method research method, which was conducting interviews with the Headquarters of the Cimahi Police Satlasa Task Force and Cimahi SMAN 1 students, also distributing questionnaires to Cimahi 1 High School students. The campaign program has not been maximally implemented, both in media and technical implementation, so that it has not been effective in reducing the level of traffic density and traffic accidents by students in Cimahi City.


2021 ◽  
Vol 4 (4) ◽  
pp. 82-98
Author(s):  
Aniebiet E. ◽  
Joseph A.A. ◽  
Edim E.J. ◽  
Rosemary M.

This study examined service quality and passengers’ loyalty of public transportation companies. It was carried out to determine the effects of passengers’ safety, passengers’ comfort, drivers’ competence, travel time and vehicle cleanliness on passengers’ loyalty of public transportation companies. The study adopted cross-sectional survey research design. Primary data were obtained from 228 passengers of public road transportation companies using an adapted structured questionnaire. Data analysis was done using descriptive statistics while multiple linear regression was adopted to test the hypotheses of the study with the aid of the Statistical Package for the Social Sciences (SPSS 23) software. The findings of the study revealed that passengers’ safety, passengers’ comfort, drivers’ competence and vehicle cleanliness had significant positive effects on passengers’ loyalty of public transportation companies, while travel time had a non-significant effect on passengers’ loyalty in this regard. Therefore, the study concluded that, to a large extent, service quality has a significant positive influence on passengers’ loyalty of public transportation companies. Practical implications and suggestions for further studies were made consequently.


2021 ◽  
Vol 10 ◽  
pp. 729-744
Author(s):  
Djasa Pinara Gusti ◽  

This scientific journal research analyzes a public policy on regulatory inconsistencies made by public officials that cause social conflict in society. The research problem focuses on PM 12/2019 regulations with UULLAJ/2009. The research approach method was qualitative. Creswell defines the qualitative method as a research method based on a constructive perspective, that is various meanings; meanings that are constructed socially and historically to develop a theory or pattern. The researchers collected and developed open data, intending to develop themes from the data obtained. This research aims to describe in depth the facts related to the inconsistency of regulations made by public officials which have an impact on the conflicts between the riders of online-based motorcycle taxi and conventional motorcycle taxi as land transportation in Indonesia. The data collection technique used document study. The observations carried out were passive participatory observations because the researchers only visited the research location and observed any events that occurred related to the conflict between online GOJEK riders and conventional OJEK riders in the research site. The research used interactive data analysis technique. Activities in data analysis consisted of: (1) data reduction; (2) data presentation; and (3) conclusion/verification. Based on the research data, it could be concluded that there were inconsistencies of public policy regulations regarding motorcycles (two-wheeled vehicles), as online-based public transportation vehicles based on PM 12/2019 with UULLAJ/2009, Article 47. In this case, motorcycles are not included in the category of public transportation types. The immediate solution should be made based on the results of research on online-based land transportation to date in Indonesia since it has not been regulated by regulations on public transportation. Moreover, the technology platform service providers can no longer deny that their services are actually public transportation services. Online-based land transportation must also be regulated in the form of laws and regulations on public transportation and under the law on road traffic and transportation. This indicates that Law Number 22 of 2009 on Road Traffic and Transportation needs to be revised, and at the same time provides legal protection for the regulations related to online-based land transportation.


2020 ◽  
Vol 2 (2) ◽  
pp. 166
Author(s):  
M.Ulfatul Akbar Jafar ◽  
M. Taufik Rachman ◽  
Dedy Iswanto

Public interest in the community is the main target in public service providers. Officials of the Office of Population and Civil Registry as a bureaucrat at the regional level are required to be able to handle the constraints faced in the government's promoted development efforts. Officials of the Office of Population and Civil Registration must be able to carry out its first function is to provide services to the community well, deft, effective and efficient. Another problem that often arises is the discipline of employees in providing services this proved many employees who come not on time, start the service not on time, rest not in time, and employees also home before the time to go home. This also greatly affects the service because if the shortage of employees then the counter service that will be opened also a little, so that the impact of many people who are not served. The purpose of this research are; 1) To know Employee Perception Against Attendance of Administration Service Bureau at Department of Population and Civil Regent of Bima Regency; 2) To know the Factors that may affect the Presence of Calo Administration Services At the Department of Population and Civil Registration Bima District.This research uses qualitative approach method with technique of determination of informant use Purposive sampling, meaning intentionally intake technique. Methods of data collection ie observation, interview (Interview) and documentation. Data type is qualitative data and sourced from secondary and primary data with data analysis technique Data Reduction, Data Presentation (Data Display), and Conclusion drawing / verification.The result of research shows that: The distance of the Office of Population and Civil Registry of Bima Regency is far and there is no public transportation passing through it. So that has a private vehicle that many do service in the Department of Population and Civil Registry Bima District, for people living in remote areas usually take care of services, especially the service of birth certificate by handing someone close to his relationship with bureaucracy or brokers even if they have to pay more. The presence of brokers is difficult to separate from public services. But now their existence began to decrease, because the government increasingly simplify the process of document management and licensing.)


2021 ◽  
Vol 5 (2) ◽  
pp. 341
Author(s):  
Mariah Sonanggok Purba ◽  
Fixma Raju Sinaga

Online motorcycle taxis have become a favorite public transportation for some people because they are flexible in their activities, can reach places that are not passed by public transportation such as city transportation (public transport), buses, or other types of four-wheeled public transportation. One of the losses experienced by passengers or motorcycle taxi service users is the occurrence of accidents caused by the mistakes of motorcycle taxi drivers. Legal certainty to provide protection to consumers in the form of protection of consumer rights, so that business actors do not act arbitrarily which always harms consumers. The research method used is normative juridical. The results of this study are that most of the Indonesian online motorcycle taxi companies use motorbikes as their means of transportation and receive payment for the services provided, not in accordance with what is stipulated in UULAJ and Government Regulation Number 74 of 2014 concerning Road Transportation. In order to operate the transportation of people not on a route using a public motorized vehicle, the public transportation company is required to have a license to operate the transportation of people not on a route which must meet the requirements. Legal protection for online motorcycle taxi passengers when an accident occurs is divided into 2, namely preventive and repressive legal protection.


Author(s):  
Anggit Rahmat Fauzi ◽  
Ansari Ansari

The utilization of e-commerce media in the trading world brings impact to the international community in general and the people of Indonesia in particular. For Indonesian people, This is related to a very important legal problem. The importance of law in the field of e-commerce is mainly in protecting the parties who transact through the Internet. The purpose of this study is to know the legal review of the buying and selling agreements through electronic media as well as to know the legal protections for sellers and buyers if one of the parties commits a default. The research uses a normative juridical method of approach and the discussion is done in a descriptive analysis. The source and type of data used are primary data and secondary data. While the data collection techniques using literature studies, and the data obtained will be analyzed qualitatively. The agreement to buy and sell through electronic media is a new phenomenon that has been implemented in various countries and regulated in the Civil state nor law ITE. Legal protection for the parties in the sale and purchase agreements through electronic media is governed by the consumer protection ACT. Any breach must respond to any loss arising from his or her actions.


Authentica ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 62-78
Author(s):  
Dwimo Gogy Prabowo

Labor has a very important role in national development. Labor (man power) are residents who have or are working, looking for work and carry out other activities such as schools and care of the household. Thus the workers have their own rights and obligations that must be fulfilled, with the rules governing the employment and the employer to ensure that workers in the work. In addition, the worker and the employer must also have a working agreement that binds them. The basic working agreement should also contain provisions relating to the employment relationship, the rights and obligations of workers and the rights and obligations of employers. In the pre-study in WHC Studio Purwokerto I get the primary data that employees working agreement with his employer orally or in writing. In the execution of the workers in the WHC photography studio doing a lot of work outside of his agreement. Viewed from pre-study in WHC Studio orally there is agreement that ultimately there is no legal certainty in work and in remuneration, and therefore need further study.Keywords: legal protection; the Agreement; Employment


2019 ◽  
Vol 12 (2) ◽  
pp. 111
Author(s):  
Elizabeth Anastasia ◽  
Dwi Sekar Ningrum ◽  
William Marthianus ◽  
Willis Patrick Onggo

Negative Option Method is a bidding method that requires confirmation from consumers in accepting or rejecting an offer. If the customer doesn’t provide confirmation, the business actor assumes that the consumer agrees and will be charged a fee for the offer given. The Negative Option method originating from the United States has actually developed in Indonesia, especially in the provision of telecommunications services. It is not uncommon for Telecommunications Service Providers in Indonesia to offer a particular feature that requires confirmation of rejection or cancellation from consumers via message, such as "unreg". If the consumer does not provide confirmation, the business actor will unilaterally assume that the Customer has accepted the offer, thus often resulting in the consumer experiencing financial losses due to the imposition of costs for goods and / or services without the consent of the consumer. This encourages the author to conduct legal research on consumer legal protection of the Negative Option bidding method using the normative juridical method. This legal research concludes that the Negative Option bidding method is contrary to the Minister of Communications Regulation Article 2 paragraph (3) and Article 4 paragraph (1) letter a which specifies that each Telecommunications Service Provider must obtain written and/or message approval from the Customer to activate a paid feature. If the Telecommunications Service Provider has not received approval from the Customer, then the paid feature must be stopped.


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