RESPONSIBILITY OF FIRST TRAVEL DUE TO UNLAWFUL ACTS FOR THE FAILED DEPARTURE PILGRIMS

• Main Author: Wulan Apriliyatiningsih, (Author)
• Format: Book
• Published: Magister Ilmu Hukum Fakultas Hukum Universitas Syiah Kuala, 2023-12-15.
• Subjects: Article; PeerReviewed
• Online Access: Link Metadata
• Notes: http://repository.upnvj.ac.id/28769/1/2010611104_ArtikelKI.pdf
• Keywords: K Law (General)

The failure of the departure of Hajj / Umrah pilgrims due to unlawful acts has been carried out by the travel agency First Travel. First Travel providing Hajj/Umrah travel services, committed fraud against Umrah pilgrims who failed to depart because they acted in managing the money of Umrah pilgrims which should have been used for the departure of pilgrims but was not carried out by them, this caused the pilgrims to material and immaterial losses. This research aims to examine and analyze the resolution of disputes over failed departures of Umrah pilgrims, both through litigation and non-litigation, and the responsibility of First Travel's acts to pilgrims due to unlawful acts. This research uses normative juridical research methods, through statutory and case approaches. The results of the study showed that pilgrims can sue First Travel civilly through tort lawsuits and claim compensation based on Law Number 8 of 1999 about Consumer Protection. The settlement of cases of failed pilgrims to depart is carried out by litigation both civil and criminal. However, compensation must still be provided because civil compensation does not negate criminal legal action. So First Travel must be held responsible for their actions, both criminal, civil, and administrative.