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Journal : KERTHA WICAKSANA

Perlindungan Hukum Bagi Penumpang Pesawat Udara Jika Terjadi Keterlambatan Jadwal Penerbangan Menurut Undang - Undang Nomor 1 Tahun 2009 Tentang Penerbangan Ni Made Trisna Dewi
KERTHA WICAKSANA Vol. 15 No. 2 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.15.2.2021.122-129

Abstract

Air transportation services are currently experiencing very rapid development, this is indicated by the emergence of many various air transportation service providers in the Indonesian market. Many passenger rights are not properly cared for or fulfilled by the airline, especially if things happen that are not desired, one of which is the case of flight schedule delays. The formulations of the problems in this study are: 1) What is the legal protection for airplane passengers if there is a delay in flight schedules according to Law No.1 of 2009, 2) What are the efforts that aircraft passengers can make if they have been harmed due to flight schedule delays. This type of research is normative legal research. This study uses the Legislative Approach. The conclusion of this research is that the airline is responsible for delays in flight schedules that cause losses to passengers, here the airline applies the concept of presumption of liability. However, on the one hand, there is a condition where if the delay is due to weather and technical operational factors, the airline is not required to provide compensation to passengers in accordance with Article 146 of Law Number 1 of 2009. The process of compensation activities between consumers and airlines can be carried out when the consumers fly. a summons to the airline, but if it is ignored, the consumer can take court or outside the court route according to law number 8 of 1999 concerning consumer protection.
Telaah Argumen Yang Mendukung Dan Menentang Peraturan Pemerintah No 80 Tahun 2019 Tentang Perdagangan Melalui Sistem Elektronik Dewi, Ni Made Trisna; Putra, I Wayan Partama
KERTHA WICAKSANA Vol. 18 No. 2 (2024)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.18.2.2024.71-75

Abstract

Business activities in e-commerce are currently rising in Indonesia along with the appearances of its regulations, like Government regulation 80/2019 which is creating pros and cons. This writing’s purpose is to analyze impacts from that particular regulation. The regulation creates better nuance in e-commerce for consumers, but doesn’t engage with small and temporary businesses. The regulation helps in regard to tax counting in e-commerce, but creates injustice between small offline and online UMKM in taxation. The regulation made the use of domain id as mandatory, while it shows national identity it’s also advancing portal’s access time due to the server that locates in Indonesia, however it’s rejected by Idea due to the consideration of domain as identity. Businessmen in e-commerce could transmigrate to platforms that are harder to reach by government's regulation. The regulation brings many good changes while also vulnerable to create harm.