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.

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Abstract

Article 1 Point 30 of Law No. 1 Year 2009 about 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 referred to Article 9 Letter a of the Regulation of the Minister of Transportation No. 77 Year 2011, the carrier is responsible for the loss suffered by the passengers. The compensation that must be given by airlines to passengers has previously been regulated in the Article 36 of the Regulation of the Minister of Transportation No. 25 Year 2008 about the Implementation of Air Transportation. While in international law, the responsibility of the flight delays has been regulated in the Article 19 of the Montreal Convention in 1999 about Convention for The Unification of Certain Rules for International Carriage by Air. These rules regulate that commercial air transportation is responsible for the loss suffered by passengers because of flight delays. Definitely, the carrier is not burdened with the responsibility if the flight delays happens for the safety of the passengers. However, in practice, such damages are often not implemented by the airlines. It certainly damages the passengers as the service users or consumers of the services provided by the airlines. For this reason, the researcher was interested in conducting this research with the problems of this research: 1) How was the Regulation of the Passenger Rights due to Flight Delays, 2) How was the Form of Legal Protection for the Passengers toward International Air Transportation Delays. The research methodology used was juridical normative through descriptive analysis. The results of this research showed that the passenger rights in Indonesian positive law contained in several legislations which were the Law No.1/2009 about Flight, Flight Ordinance 1939 or OPU 1939, the Regulation of the Minister of Transportation No. 77/2011 about the Carrier Responsibilities of Air Transportation, the Regulation of the Minister of Transportation No. 25/2008 about Providing Air Transportation, and the Law No.8/1999 about Consumer Protection. Meanwhile in international law, the legislations contained in Warsawa Convention 1929 and Montreal Convention 1999. That form of legal protections of the passengers could be classified into two groups which were before and after the delay occurred. The forms of protections before the delay occurred were supervision, founding and arrangement. Meanwhile the forms of legal protections after the delay were claim and insurance reimbursements, the lawsuit resolution either through the court or outside the court. In other hand, in the international legal aspects, the forms of legal protection for passengers could be seen from the form of legal responsibility used, the burden of verification and large nominal damages. Also, based on this research, it was hoped that there would be any specific rules regulating about the responsibility of the international air transportation and socialization and more government control optimized because it was frequently encountered many passengers who did not know their rights as consumer in the air transportation agreement.

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