PERLINDUNGAN HUKUM TERHADAP PENUMPANG PESAWAT ATAS KETERLAMBATAN ANGKUTAN UDARA INTERNASIONAL

Heru Permana, Putra (2014) PERLINDUNGAN HUKUM TERHADAP PENUMPANG PESAWAT ATAS KETERLAMBATAN ANGKUTAN UDARA INTERNASIONAL. Masters thesis, Universitas Andalas.

Text (Universitas Andalas) 201411270933th_tesis uu pdf.pdf - Published Version Restricted to Repository staff only Download (1MB)

Abstract

Article 1 Point 30 of Law No.1 Year 2009 abaout flight describes the definition about the delay as the time difference between the departure or arrival time on scheduled and the departure or arrival time in the realization. In the case of flight delays on the transportation reffered to article 9 Letter a of regulation of the Minister of Transportation No.77 Year 2011, the carrier of responsible for the loss suffered by the pasengger. The compensation that must be given by airlines to passenggers has previously been regulated in the article 36 of the regulation of minister of the transportation No.25 Year 2008 about the implementation of air transportation. While in International Law, the responsibility of flight delays has been regulated in the Article 19 0f the Montreal Convention in 1999 about Convention for the Unification of Certain Rules for International Carriage by Air. These ruler regulate that commercial air transportation is responsible for the loss suffered by passengers because of flight delay. Definitely, the carrier is not burdened with the responsibility if the flight delays happens for safety passenggers. How ever in practice , such damage are often not implemented by airlines. For this reason for resercher was interested in conducting this research with the problems of this research : 1)How was the regulation of the Pasenggers right due to Flight Delay 2)How was the form of Legal Protection for the passenggers toward International Air Transport Delays. The Research methodology used was jurudical normative through descriptive analysis. The results of this reasearch showed that the passengger right in Indonesia positive Law contained in several regulation of Minister Transportation No.25/2008 about providing Air Transportation and the Law No.8/1999 about Consumer Protection. Meanwhile in International Law, the regulation contained in Warsawa Convention 1929 and Montreal Convention 1999. That form of legal protections of the passenggers could be classified into two groups wich where before and after the delay occured. The form of protection before the delay occured were supervision, founding or arrangement. Mean while the form of legal protection after the delay were claim and insurance reimbursements, the lawsuit resolution either through the court or outside the court. In other hand, the international legal aspect, the form of legal protection for the passengger could be seen form the form of legal responsibility used., the burden verification and large nominal damages. Also, based on this research, it was hoped that there would be any specific rules regulating about responsibility of the international air transportation and socialization and more goverment control optimized because it was frequently encountered many passenggers who did not know their right as consumer in the air transportation agreement. Keyword : Legal Protection, International Air Transportation Delays

Actions (login required)

View Item