Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia

Research Article

Legal Protection for Users of Rail Transportation Services in Goods Transportation Services based on Law Number 08 of 1999 Concerning Consumer Protection

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  • @INPROCEEDINGS{10.4108/eai.28-10-2023.2341793,
        author={Herman  Bakir and Sugeng  Muntaha},
        title={Legal Protection for Users of Rail Transportation Services in Goods Transportation Services based on Law Number 08 of 1999 Concerning Consumer Protection},
        proceedings={Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={MIC},
        year={2023},
        month={12},
        keywords={logistics responsibility legal protection},
        doi={10.4108/eai.28-10-2023.2341793}
    }
    
  • Herman Bakir
    Sugeng Muntaha
    Year: 2023
    Legal Protection for Users of Rail Transportation Services in Goods Transportation Services based on Law Number 08 of 1999 Concerning Consumer Protection
    MIC
    EAI
    DOI: 10.4108/eai.28-10-2023.2341793
Herman Bakir1, Sugeng Muntaha1,*
  • 1: Universitas Borobudur
*Contact email: sugmunt1994@gmail.com

Abstract

The focus of this research is to explore the forms of protection and responsibility of rail transportation services for property losses experienced by users of rail transportation services in the logistics sector. The research method used in this research is an empirical juridical. By Republic of Indonesia Government Regulation Number 72 of 2009 concerning Railway Traffic and Transportation, PT. Kereta Api Indonesia (Persero) is obliged to provide compensation to passengers and uphold its obligations to service users, railway facility crew, and individuals employed by railway facility operators on trains. He is also responsible for fire, damage to railway facilities, and losses to third parties. However, implementation in the field is still not up to expectations, causing harm to service users and conflicts with Law Number 08 of 1999 concerning Consumer Protection. If there is damage to passenger goods, an investigation will be carried out regarding who should be responsible for the compensation process. If damage occurs during the transportation process, PT. Railway Logistics will provide compensation for damage or loss. In practice, service users are protected by PP No. 72 of 2009 concerning Railway Traffic and Transportation. Compensation has been carried out yet has not satisfied service users because the shifting of responsibilities between the customer (expeditions) and the transport operator is the main reason the compensation process did not run smoothly.