Journal of Law and Legal Reform (Aug 2021)

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

  • Dwita Pratama

DOI
https://doi.org/10.15294/jllr.v2i4.49351
Journal volume & issue
Vol. 2, no. 4
pp. 569 – 590

Abstract

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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.

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