The Safety Right of the Toll Road User Against Smoke Haze Based on Law Number 8 of 1999 on Consumer Protection in Conjunction with the Government Regulation Number 15 of 2005 on Toll Road

Abstract

The government has set a standardization of toll road services stipulated in Government Regulation No. 15 of 2005, the establishment of minimum service standards include the substance of this service and the condition of the highway, travel speed average - price, accessibility, mobility, safety, and the unit aid/rescue and relief services , Standardization of service was organized to increase the toll road service so that it can function optimally in accordance with the needs in order to achieve efficiency, safety, and comfort for road users, particularly due to the condition of a closed road haze from fires. Issues examined in this study is how the implementation of the right to security of consumers from losses due to fires by operators of toll roads in terms of Law No. 8 of 1999 on Consumer Protection and Regulation No. 15 of 2005 regarding Toll Road, then what are the rights of consumers that can be submitted to the manager highway for losses due to haze from fires. In this study the author uses research methods normative juridical is to analyze the legislation using the specifications, descriptive research analysis, and data analysis techniques used are normative qualitative, i.e. after the data is classified according to aspects of the data collected and interpreted logically. The results of this study illustrate that the government regulate the implementation of the security rights to toll road users into two conditions, namely that its prevention and treatment, preventive measures include units of relief, rescue and aid, in addition to treatment measures in the form of aid to victims and assistance to transport the victim. However, these rights are limited only to consumers who have an accident of a general nature, in the absence of rules specifically to prevent or cope with the consumer security problems of haze due to forest fires. In a filing consumer rights, it will only replace the losses caused by the negligence of the manager, if losses caused by fires, then the compensation is only awarded to the injured and died by transferring responsibility to a third party.