PRINCIPLE OF RESPONSIBILITY CARRIERS BY THE AIR ACCORDING TO INTERNATIONAL LAW AND THE IMPLEMENTATION IN INDONESIA

Efandriko, Maekel (2010) PRINCIPLE OF RESPONSIBILITY CARRIERS BY THE AIR ACCORDING TO INTERNATIONAL LAW AND THE IMPLEMENTATION IN INDONESIA. Other thesis, Fakultas Hukum..

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Abstract

Air transport has an important role in all fields, It is therefore important for Indonesia to increase the potential for aerospace. In addition to potential aircraft accidents, every aviation accidents has every juridical impact, particularly the responsibility of the airline (carrier) to the passenger and the owner of the goods (baggage and cargo). In Febru ary 2009 last year the lion air aircraft type MD 90 landing without front wheel in Batam Hang Nadim Airport, which resulted several passengers suffered minor injuries and severe shock. In this case there are several problems namely how the principle of responsibility of the carrier according to international law, how the principle of responsibility of the carrier related to the case of lion air plane emergency ianding without front wheels at Hang Nadim Airport Batam in 2009 and what are the constraints and efforts in the implementation of responsibility of Lion Air plane case in Batam in 2009. This minithesis research using normative juridical lawo the study of primary legal materials, secondary, and tertiary obtained from the research literature. bata processing used techniques and qualitative analysis. Responsibilify in international carriers set forth in the Warsaw Convention of 1929 and the amandement about Unification of Certain Rules to International Carriage by Air while in the national law is in the Air Transportation Ordinance 1939 Stb. 100 and in the Law Number I Year 2A09 on Aviation and the Government Regulation Number 40 of 1995 on Air Transport. The principle of absolute liability (absolute liability) is a responsibility that is used in national and international world at this moment, where the carrier is absolutely responsible for damage sustained in case of death or bodily injury such as that contained in Article 17 of the Montreal Convention 1999 and Article 141 Law Number I Year 2009.In carrying out its responsibilities, Lion Air has apptied the principle of absolute responsibility of the passenger.

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