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Liability of the Umroh and Hajj Travel Bureau (Case Study on PT. Musafir International Indonesia)

DOI : https://doi.org/10.36349/easjhcs.2024.v06i03.008
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There are cases that happen to Indonesian people who perform the Hajj pilgrimage by some Umrah and Hajj Travel Bureaus, so this article aims to study and analyze the responsibility of travel agents who do not carry out their obligations in positive Indonesian legal agreements and arrangements for violations of obligations by travel agents, especially travel agents Umrah and Hajj. The research method used is a normative legal research method with a case and statutory approach. The results show that one of the travel bureaus, namely PT Musafir Internasional, has committed an act of default, because the 2023 Independent Hajj Program Cooperation Agreement (Furoda Haji) Number: 243/KTR/HF/1021 dated October 22 2021 was not fulfilled. The provisions violated by PT Musafir Internasional Indonesia against Hajj pilgrims who did not comply with the agreement were Article 118 of Law Number 8 of 2019 concerning the Implementation of Hajj and Umrah, Articles 19 and 60 of Law Number 8 of 1999 concerning Consumer Protection, Article 1243 of the Civil Code, and Article 378 of the Criminal Code (KUHP). Responsibility of the Umrah and Hajj travel agency PT. Indonesian International Travelers who are in default towards their congregation are in accordance with article 1243 of the Civil Code (KUHPerdata) which essentially states that if one party is negligent in carrying out its obligations then the negligent party is obliged to reimburse costs, compensation and interest. Efforts to resolve by holding mediation.

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