In recent years, the Indonesian tourism industry has continued to grow rapidly. Many new tourist destinations have sprung up, both in big cities and in remote natural tourist areas. Along with this growth, the safety of visitors has become an increasingly important issue. It is not uncommon for accidents to occur in tourist destinations, ranging from minor injuries to more serious cases. Therefore, the role of tourist destination insurance and an understanding of the legal responsibility of the manager is the key in maintaining the safety and comfort of tourists.
Legal Liability of Tourist Destination Managers
The manager of the tourist destination has the main obligation to ensure the safety of visitors while in the tourist attraction area. This obligation includes supervision of the facilities used, checking security tools, and the implementation of strict safety operational standards. Asmara (2025) emphasized that the basic principles of legal responsibility for managing tourist destinations in Indonesia are contained in the Civil Code (KUHPerdata), especially Article 1365. This article states:
“Every act that brings loss to another person, intentional or unintentional, obliges the person who because of his actions causes a loss, to compensate for the loss.”
Based on this provision, tourist destination managers can be held civilly accountable if an accident occurs due to their negligence. For example, if the manager fails to repair the damaged facility, does not provide clear safety instructions, or is negligent in surveillance of extreme tourism activities, then they can be asked to compensate for the losses suffered by visitors.
In addition to civil responsibilities, managers can also face criminal risks if their negligence results in serious accidents or deaths. This has been regulated in the Criminal Code (KUHP), in particular Article 359:
“Whoever because of his negligence causes another person to die, is threatened with a maximum imprisonment of five years.”
This means that if the manager is proven to be negligent and this causes death or serious injury to visitors, they will not only face claims for compensation, but also criminal sanctions. Therefore, understanding and complying with legal regulations is a crucial aspect in the management of modern tourist destinations.
Also read: Failed to manage destinations? Maybe you missed these 4 destination management strategies
the role of tourist destination insurance
In the midst of complex legal and safety risks, the existence of tourist destination insurance is very important. This insurance is designed to protect managers and investors from financial losses due to accidents or incidents at a tourist attraction. The main benefits of tourist destination insurance include:
1. Protection against legal claims
If a visitor suffers an injury or death due to unintentional negligence, the insurance may bear the cost of civil compensation or a lawyer to defend the manager.
2. Operational Risk Management
Insurance encourages managers to comply with stricter safety standards, because insurance policies usually require the implementation of regulatory safety procedures.
3. Financial Protection
Major accidents can cause significant losses, including medical expenses, compensation, or fines. Tourism destination insurance helps cover these costs so that business sustainability is not compromised.
4. Increase visitor confidence
Tourist destinations that have insurance shows that they care about the safety of tourists, which can be an additional selling point in marketing.
With tourist destination insurance, managers can focus more on developing quality tourism experiences without ignoring legal risks that may arise.
Also read: How is the performance of tourist destination managementImeasure? this is the answer
involvement of tourism consultants
In addition to insurance, the involvement of tourism consultants is also very important in the development of tourist destinations. Tourism consultants help managers design destinations that are safe, attractive, and in accordance with industrial operational standards. Some of the roles of consultants include:
- Safety and Risk Audit: The consultant assesses the potential hazards at tourist sites and provides risk mitigation recommendations.
- Planning facilities and tourist routes: Arrange the layout of the destination to be safe and comfortable for visitors.
- Legal Compliance: Helping managers understand relevant civil and criminal regulations, so that the risk of legal responsibility can be minimized.
- Quality certification: Consultants can guide managers in obtaining official certifications that increase the credibility of tourist destinations.
Combining travel destination insurance with professional planning from tourism consultants ensures that destinations are not only attractive, but also safe and protected from legal risk.
Also read: Understand the concept of crisis management in tourist destinations
Take BNSP Tourism Consultant Certification Now to Increase Credibility
Visitor safety is the main responsibility of tourist destination managers. Not only to prevent accidents, but also to minimize the risk of civil and criminal liability. Article 1365 of the Civil Code and Article 359 of the Criminal Code become a legal reference that every tourist destination in Indonesia must understand and obey.
The use of tourist destination insurance is an important strategy to protect the manager from financial risks due to accidents or lawsuits. In addition, the involvement of professional tourism consultants ensures that tourist destinations develop with high standards of safety, good governance, and optimal visitor experience. For managers who want to improve professionalism and credibility, follow BNSP tourism consultant certification be a strategic step. In Indonesia, you can get this certification through LSPP JANA DHARMA INDONESIA, which provides an official certification program for tourism consultants. Thus, tourist destination managers are not only legally safe, but also have a competitive advantage in the tourism industry which is increasingly competitive.
For free consultation, contact us via:
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