TANGGUNG JAWAB HUKUM KERETA CEPAT INDONESIA CHINA (KCIC) TERHADAP KETERLAMBATAN (DELAY) DAN BARANG HILANG

Ramadhani, Ilham Yahya (2024) TANGGUNG JAWAB HUKUM KERETA CEPAT INDONESIA CHINA (KCIC) TERHADAP KETERLAMBATAN (DELAY) DAN BARANG HILANG. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

This legal research aims to understand the risks associated with modern transportation in Indonesia, specifically for Kereta Cepat Indonesia China (KCIC), also known as Whoosh. The potential risks during transportation include highspeed train accidents, departure delays, cancellations, and lost and/or damaged hand luggage and checked baggage. Therefore, this research will focus on departure delays, cancellations, and lost and/or damaged hand luggage and checked baggage. These are significant issues that need to be addressed concerning the carrier's liability system and the compensation process. The research method applied in this paper is normative legal research, emphasizing analysis based on positive law and supported by literature studies. PT KCIC's liability for departure and arrival delays is based on Peraturan Menteri Perhubungan Nomor PM 7 Tahun 2022 tentang Penyelenggaraan Kereta Api Kecepatan Tinggi. The analysis shows that PT KCIC’s liability as a carrier generally follows the fault liability principle, which applies to departure delays, trip cancellations, cabin luggage, and checked baggage. This regulation also outlines the compensation passengers are entitled to and provides the opportunity to file a civil lawsuit against the carrier.

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