THE APPLICATION OF STRICT LIABILITY (ABSOLUTE RESPONSIBILITY)IN PUBLIC TRANSPORTATION ACCIDENTS ONLY SHIP OF THE SHIP IN INDONENESIA.
- The Office of Law Faculty Halu Oleo University Kendari, Indonesia, 93232.
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Abstract
According to the authors the provision on the basis of liability in the case of unlawful acts committed by business actors to consumers in Act No. 8 of 1999 on Consumer Protection and Act No. 17 of 2008 About Shipping, has not yet explicitly imposed any principle, neither Disability nor Indifference. The authors argue that it is necessary to consider the possibility of applying the Strict Compliance Principle in the event of a ship accident against potential actors in this case PT ASDP is encouraged to make efforts to prevent the occurrence of accidents to the maximum and improve the efficiency of the company. Provision for the responsibility of shipping facilities providers in Law no. 17 of 2008 on Delivery only responsible for the perceived loss needs to be reviewed, because it does not satisfy the sense of justice for the victim or his heirs, especially if there is a victim who suffered death or deformity. Should be limited Is the amount of compensation the victim suffered death or disability body. Should be limited, the amount of indemnity that may be required by victims or heirs by Americans to be enforced in shipping orders against victims should not exceed US $ 200 million. The method used, is empirical research method. The results show that the implementation of strict liability is actually possible under the Act No. 17 of 2008 About Shipping in particular Article 157 paragraph (1) reads: "The Shipping Service Provider is responsible for serving users who suffer from injury, injury, or death from ASDP operations.
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How to Cite This Article
Guswan Hakim. (2017); THE APPLICATION OF STRICT LIABILITY (ABSOLUTE RESPONSIBILITY)IN PUBLIC TRANSPORTATION ACCIDENTS ONLY SHIP OF THE SHIP IN INDONENESIA., Int. J. of Adv. Res., 5 (05), 1687-1693, ISSN 2320-5407. DOI: https://doi.org/10.21474/IJAR01/4297
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