Tanggung Jawab PT (PERSERO) Kereta Api Indonesia : Terhadap Penumpang dan Asuransi Pada Kasus Kecelakaan Kereta Api  

Oleh:

Nurbaiti, Siti

Jenis: Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Dalam koleksi: Jurnal Hukum Bisnis vol. 11 (2000), page 72-77.
Topik: Kereta api; kereta api; asuransi; kecelakaan

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: JJ102.1 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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Isi artikel

The issue of liability of the indonesian rialway company (PT. Kereta Api Indonesia = PT. KAI) as a public transportation company, is one of great importance in relation with the transporter's liability, stipulated in the transportation agreement offering compensation to passengers as user of transportation services. During three ccident cases at karawang (west java), bukit duri (south jakarta) and serpong)west java), occured last april - may 2000, passengers were unable to distinguish the difference between indemnity claims towards the transporter, based on the transportation agreement, and insurance compensations awarded by state owned insurance company, PT. (Persero) asuransi kerugian jasa raharja which is closed individually by passengers, based on law number 33, year 1964. Whereas the insurance closed by the individual passenger based on said law number 33, year 1964, differs from the liability insurance closed by the individual passenger, based on said law number 33 year 1864, differs from the liability insurance closed by PT. KAI, based on article 34 of law number 12, year 1992. The character of the insurance closed by the passanger is compulsory and has the objective to protect the passenger in a case train accident would have occurred or taken place, caused by negligence or mistakes made by employees (e. g. the train engineer, the head of the train station, train crossing guards or other personnel), causing dead and / or wounded pasengers, as an insuring party is at hand to bear the responsibility. Therefore in such case, PT. KAI, as the public transportation company, may not just release it responsibilities.

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