PENGATURAN HUKUM GANTI RUGI PADA KECELAKAAN PESAWAT UDARA KOMERSIL MENURUT HUKUM INTERNASIONAL DAN IMPLEMENTASINYA TERHADAP BOEING 777-200 ER MALAYSIA AIRLINES MH 370

Chintya, Oktaviarni (2015) PENGATURAN HUKUM GANTI RUGI PADA KECELAKAAN PESAWAT UDARA KOMERSIL MENURUT HUKUM INTERNASIONAL DAN IMPLEMENTASINYA TERHADAP BOEING 777-200 ER MALAYSIA AIRLINES MH 370. Diploma thesis, UPT. Perpustakaan Unand.

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Abstract

Air transport is one of the modes of transport which contains the human element in it for the necessary arrangements are clear and definite. In 1929 the Warsaw Convention has been set up on the security and safety of passengers and baggage and baggage liability. However, any sophisticated technology created by man does not escape from the risk of aircraft accidents. As shown in the case of MH 370, this aircraft was declared missing. With the existence of such cases seen how important the protection of victims or redress against the heirs of the victim. This study aims to determine the form of the setting of compensation under international law and national laws of Malaysia and to know the implementation of indemnity against commercial aircraft accident MH 370. The method used in this research is normative juridical. The conclusion from this research is in international law there are some conventions that regulate the amount of compensation passengers died, the Warsaw Convention in 1929 amounted to 150,000 gold francs, Hague Protocol 1955 amounted to 250,000 gold francs, Montreal Agreement in 1966 amounted to US $ 58,000 (excluding case) US $ 75,000 (including court fees), Guatemala City in 1971 amounted to 1,500,000 gold francs, and the Montreal Convention 1999 amounted to 100.00 SDR. Based on Law of Malaysia Act Transportation by Air (Pindaan) in 2007 amounted to 100,000 SDR. Application of payment of compensation for the heirs is US $ 138,836.25 or Rp. 1872480343.64 or 528544.02 MYR.

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