scholarly journals THE LEGAL LIABILITY OF ONLINE DRIVER FOR PASSENGERS ACCIDENT IN CONSUMER PROTECTION LAW

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.

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 ◽  
Author(s):  
Ismail marzuki

the lack of online motorcycle driver awareness at Sebelas Maret University in paying attention to driving safety is due to the lack of online motorcycle driver knowledge about the basics of driving safety that can endanger service users, especially for themselves. The writing of this article aims to explain that awareness about driving safety can improve the quality of online motorcycle taxi drivers in serving customers and can also improve the quality of life. This research uses a qualitative approach with descriptive research methods. Descriptive method is checking the status of human groups, objects, conditions, systems, thoughts or classes of events in the present. Descriptive method aims to collect actual information in detail that describes the symptoms that exist. The results of this study stated that there are still many online motorcycle taxi drivers and online motorcycle taxi service users in the Sebelas Maret University area who do not apply the driving rules correctly due to lack of knowledge of the basics of driving safety or lack of awareness about the importance of using personal protective equipment in driving. the conclusion that can be drawn is the need for collaboration between online motorcycle taxi companies, online motorcycle taxi drivers, service users, and the government to create driving compliance and reduce accident rates.


Jurnal Akta ◽  
2017 ◽  
Vol 4 (3) ◽  
pp. 425
Author(s):  
Rifan Agrisal Ruslan ◽  
Umar Ma’ruf

The purpose of writing in this study is the first, to know and analyze factors Some people in Tinanggea Sub-District South Konawe Regency of Southeast Sulawesi that has not yet had legal awareness in the act of buying and selling land ownership in the presence of PPAT. Second, To know and Analyze Efforts - Local Government efforts in awakening the community in District Tinanggea South Konawe Southeast Sulawesi against the sale and purchase of land ownership in the presence of PPAT. Third To know to be done in order to Maasyarakat in Tinanggea Sub-District of Konawe Selatan Regency in Sulawesi Teggara performs the sale and purchase of land ownership in the presence of PPAT.The approach method used in this research is empirical juridical. Juridically, this research is based on the rule of law of Basic Agrarian Law and Government Regulation Number 37 Year 1998 juncto Government Regulation Number 24 Year 2016. Empirically, this study aims to know about the rules related to the transfer of land rights with the fact that occurred that deviate from the rules that prevail in the District Tinanggea South Konawe Southeast Sulawesi. Specification of Research that is the object of research is the plot of land is the transfer of Rights to Land with the act of buying and selling of land ownership in the presence of PPAT conducted. Sources and Techniques Data collection is primary data obtained from interviews conducted by 30 respondents and secondary data obtained from the opinions of scholars and literature review. Then Theory in use is Position Theory, Authority Theory and Theory of Legal Certainty.From the results of research can be concluded that the legal consciousness of the people of Tinanggea Sub-District of South Konawe Regency of Southeast Sulawesi is related to the transfer of land rights due to the sale and purchase of land ownership in the presence of the First PPAT: Caused by lack of PPAT and PPATS in the community, which is set by the competent authorities, Caused by a very high kinship and Due to a very low legal community awareness. The second is the government's efforts in the form of socialization held by the local revenue agency related Value Object Tax (NJOP), Tinanggea sub-district office along with jejerannya Kelurahan and village appealed and made a place for reporting / consultation related to the transfer of rights of Sale and Purchase of Land, Cooperation undertaken by Tinanggea Subdistrict Sub-District and Village that make the Letter of Statement of Physical Land Mastery (SPPFT) that the letter is known by Kecamatan Kelurahan and Desa. The third is: The ideal concept of the author's research is the legal counseling to the public to grow knowledge to the public about the importance of legal awareness of the act of buying and selling land ownership in the presence of PPAT, Socialization of the sale and purchase of land ownership in the presence of PPAT. As a form of government service to the public in awakening the rights and obligations of the people in the eyes of the law and Data Collection and the making of Land Book is aimed to record and provide a legal protection for the community so that no land grab or land disputes.Keywords: Legal Awareness, Sale and Purchase, Tinanggea Sub-district.


Media Ekonomi ◽  
2020 ◽  
pp. 16
Author(s):  
Ibram Pinondang Dalimunthe ◽  
Nofryanti Nofryanti

This study provides an overview and analysis of the perceptions of road users on online motorcycle taxi behavior from the point of view of congestion. The research method uses a descriptive quantitative approach that explains the research objectives. The population of this study is all road users in the Jakarta, Bogor, Depok, Tangerang and Bekasi areas. The samples used for research are people who have used online motorcycle taxi service facilities, as well as the general public who have views regarding online transportation. Data collection techniques using a questionnaire and distributed to respondents. The results showed that people's perceptions of online motorcycle taxis were able to create safety and comfort for customers, facilitate delivery of goods, be able to take the initiative to find alternative ways to shorten mileage, and affordable online ojek costs for customers. However, on the other hand, respondents said that the existence of online motorcycle taxis can contribute to the level of congestion on the road, respondents agreed that a special shelter should be made for customers and online motorcycle taxi drivers while waiting for orders so as not to interfere with the activities of other road users that have an impact on congestion.


Author(s):  
Imam Maladi ◽  

The role of Police of the Republic of Indonesia in enforcing discipline among the community is very significant, especially the role of Traffic Police (SATLANTAS) in providing education to people who drive, use public transportation to access the public facilities and so on. However, people who want to be protected cannot accept the funeral of Covid-19 in their local cemeteries, by resisting police officers. So in this case, POLRI (the Police of the Republic of Indonesia) and especially the traffic polices play a significant role in facing the community. There is a need for legal protection for the efforts that the police will take in both preventive and repressive efforts. The purpose of this study is to analyze the Legal Aspects of traffic police action as a Covid-19 transmission chain breaker. The method used in this research is a normative juridical research method, which is research that focuses on examining the application of rules or norms in positive law. The purpose of this study is to analyze the legal aspects of traffic police action as a covid-19 chain breaker. This research is expected to provide information to the reader about the legal aspects of traffic police action as a Covid-19 chain breaker and a form of legal protection for traffic police who have a duty to break the covid-19 chain breaker. As for the results of this research, every action taken by the police, especially the traffic police during a pandemic to the public has a legal basis, namely Law Number 2 of 2002 on Police of the republic of Indonesia , Article 3 of Law Number 22 of 2009 traffic and road transport other the police also have a right to be protected like a civil society because they have the rights as stated in Article 28 of the 1945 Constitution and Article 10 of article number 8 of 2009 on the implementation of human rights principles and standards in the performance of the duties of the state police of the republic of Indonesia. So that for policyholders to be able to provide more strict regulations, and informative for the public and police officers can realize a common goal. It is hoped that no more similar cases will occur so that the public can better understand the rules in force in the Prevention of Covid-19 Transmission in Indonesia and the public can act more wisely in dealing with it.


2020 ◽  
Vol 13 (2) ◽  
pp. 196-205
Author(s):  
Elsania Natasya Susilo ◽  
Arvian Fahmi Kusuma ◽  
Ahmad Januar Z

AbstractThe purpose of this study is to study and find out the implementation of Article 106 paragraph (1) of Law No. 22/2009 concerning Road Traffic and Transport to the public and online motorcycle taxis who use GPS when riding a motorcycle and to know the factors that hinder the National Traffic Police in enforcing related laws traffic regarding GPS usage when riding a motorcycle. This writing uses empirical legal research by collecting data by interviewing one of the online motorcycle taxi drivers and the Traffic Police Resort. Many drivers can escape police observation by proving the low number of actions taken by the police to drivers who use GPS when driving a motor vehicle so that shows that the police have implemented an omission on violations that occur. So the need for E-ticketing in order to reduce drivers who commit traffic violations and become more effective for the police in enforcing the law.    Keywords: GPS; handphone; trafficAbsrakTujuan penelitian ini guna mengkaji dan mengetahui pelaksanaan Pasal 106 ayat (1) Undang-Undang No 22 Tahun 2009 tentang Lalu Lintas dan Angkutan Jalan terhadap masyarakat dan ojek online yang memakai GPS pada saat mengendarai motor dan mengetahui faktor yang menghambat Satlantas Polres dalam menegakkan hukum terkait lalu lintas mengenai pemakaian GPS pada saat mengendarai motor. Penulisan ini menggunakan penelitian hukum empiris dengan pengumpulan data dengan wawancara terhadap salah satu driver ojek online dan Satlantas Polres. Banyaknya driver yang dapat lolos dari pantauan atau penglihatan polisi dengan membuktikan rendahnya jumlah penindakan yang dilakukan polisi kepada driver yang memakai GPS pada saat mengendarai kendaraan bermotor sehingga menunjukkan bahwa polisi sudah menerapkan suatu pembiarani pada pelanggaran yang terjadi. Sehingga diperlukannya E-tilang agar mengurangi driver yang melakukan pelanggaran lalu  lintas dan menjadi lebih efektif untuk para kepolisian dalam menegakkan hukum.Kata kunci: GPS; handphone; lalu lintas


2018 ◽  
Vol 19 (2) ◽  
pp. 221
Author(s):  
Dian Triyani Triyani ◽  
Lulus Prapti ◽  
Aprih Santoso

<p><em>Ojek is an informal public transport in Indonesia in the form of a motorcycle. Recently appeared a new breakthrough in terms of public transportation, which is an online motorcycle taxi that can be ordered through a smartphone. The conventional motorcycle taxi drivers who move to ojek online make conventional motorcycle taxi drivers complain. The formulation of this research problem is how conventional motorcycle taxi driver motivation in facing the business competition of transportation.This research was conducted at motorbike bases in Ngaliyan sub-district. Period of research implementation starting from October 2017. The focus will be investigated by researchers is the conventional motorcycle taxi drivers in the district Ngaliyan. Interviews were conducted on five conventional motorcycle taxi drivers.The results showed that the compensation factor, commitment, and work environment influence the motivation of conventional motorcycle taxi in maintaining their job and can face the competition of transportation business. The more acceptable compensation, high organizational commitment, and a good working the more motivated the worker will be to keep his job.</em></p>


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.


Author(s):  
Lena Rosida ◽  
Triawanti Triawanti ◽  
Asnawati Asnawati ◽  
Didik Dwi Sanyoto ◽  
Roselina Panghiyangani ◽  
...  

COVID-19 cases in Indonesia are increasing as of April 10, reaching 3512 people who have been declared infected with COVID-19, with a death toll of 306 people (8.71%). One of the prevention efforts is to use mask and hand sanitizer and increase immunity status through consumption of nutritious food and drinks. Prevention efforts will work well if we invite the public to participate actively, one of which is the Khosya Berbagi community in Banjarbaru.This activity aims to distribute masks, hand sanitizers and nutritious drinks to the people of Banjarbaru and Martapura, especially those who are vulnerable and have a high risk of being infected with COVID-19. The methods used include identifying people who are prone to infection and have a high risk of infection, making mask, COVID-19 prevention stickers, packaging mask and nutritious drinks, namely honey and milk, followed by distributing gifts to the community. This activity has succeeded in distributing 500 packages consisting of cloth mask, nutritious drinks and hand sanitizer to small traders, pedicab drivers, motorcycle taxi drivers, and road cleaners in Banjarbaru and Martapura. This parcel is also equipped with stickers on efforts to prevent COVID-19. It is hoped that this activity can help people protect themselves from COVID-19.


Author(s):  
Indri Hapsari Susilowati ◽  
Tiara Nurhafizhah ◽  
Akbar Maulana ◽  
Muhammad Fitrah Habibullah ◽  
Winona Salsabila Sunukanto ◽  
...  

Sign in / Sign up

Export Citation Format

Share Document