Wednesday 27 December 2023

Lost luggage while on holiday by bus, whose responsibility is it?


Public interest in riding inter-city inter-provincial (AKAP) buses continues to increase, following competition between P.O Buses to provide the best service for passengers. During the Christmas 2023 and New Year 2024 holidays, Inter-City Inter-Provincial (AKAP) passenger buses were flooded with passengers.

One thing that people who use public buses need to pay attention to is looking after their belongings when traveling using passenger buses. Don’t let the joy you had in mind when planning your holiday be disrupted because of a lack of accuracy during your trip.

Luggage. (Special Doc.) Criminal Law Expert, Hery Firmansyah Yasin, said that there are no regulations governing the replacement of lost luggage and valuables of passengers. Bus companies also usually advise passengers to look after their personal belongings and valuables such as wallets, cellphones or other gadgets.

“Because crime cannot be detected when it occurs. They (criminals) are one step ahead of law enforcement officials. I’m doubtful about bringing it to justice. “There is no other choice, we as passengers have to be more careful,” said Hery.

In article 192 point 4 of Republic of Indonesia Law no. 22 of 2009 concerning Road Traffic and Transportation states that the carrier is not responsible for loss of passenger luggage, unless the passenger can prove that the loss was caused by the carrier’s negligence.

Regulation of the Minister of Transportation of the Republic of Indonesia No.15 of 2019 concerning the Implementation of Transport of People by Public Motorized Vehicles on Routes, Chapter

Daily Executive of the Indonesian Consumers Foundation (YLKI), Sudaryatmo, said that if you look at the master agreement regarding passenger transportation, what is regulated is the person as a passenger.

When someone buys a bus ticket, what they pay for is the person’s transportation service. Especially if the passenger does not tell the officer that he is carrying valuables.

 “Look, whether the consumer declares valuable items or not, I am bringing valuable items. If not, how will the bus company know if he is carrying valuable items?,” said Sudaryatmo.

Even if passengers want to complain about their loss, Sudaryatmo added that this will be done when they arrive at their destination.

 “Don’t complain when you get home. “How can the operator know if the bus actually disappeared while traveling?” he said.

The issue of bus passengers’ personal luggage emerged after a bus passenger named Widino Arnoldy admitted that he lost his iPad while traveling on the Rosalia Indah Bus from Wonosobo, Central Java to Ciputat, South Jakarta on December 20 2023.

Through the media some time ago , Director of PT Rosalia Indah Transport, Adimas Rosdian has apologized and guaranteed that the company will continue to make every effort to follow up this case thoroughly.

 Adimas added that Rosalia Indah management will carry out a number of service evaluations and improvements as a form of commitment to provide maximum service to passengers, with the hope that a similar incident will not happen again.

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