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H. K. Martono
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Law, Crime, Criminology & Criminal Justice

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TANGGUNG JAWAB PENGANGKUT TERHADAP PENUMPANG YANG TIDAK TERDAFTAR DALAM MANIFES (STUDI KASUS JATUHNYA PESAWAT LION AIR JT 610 DI KARAWANG) Abimanyu Faiz Prajogo; H. K. Martono
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i2.6905

Abstract

Lion Air with fligh code JT-610 route Jakarta to Pangkal Pinang on October 29th, 2028 which crashed in Karawang Waters carrying 178 passengers, one child passenger, 2 babies, and 7 cabin crew. On the plane there are passengers who are not on the ticket or not registered. Issues issued are how the responsibility of the carrier in an aircraft accident that is not listed in the passenger manifest. The research method used in this thesis research is normative legal research. The results of the research prove that passengers who are not in the manifest may receive compensation, but only compensate for voluntary purchases. It may be possible to request ex gratia or voluntarily to buy a passenger ticket that cannot be ordered in the passenger manifest. However, based on information compiled from PT Jasa Raharja, checking the heirs or families of victims of the crash of the Lion Air JT 610 aircraft which were not equipped in the manifest of the aircraft could still receive compensation. In cases that substitute for consumer rights, caution is needed in analyzing who should be held responsible and asking for the responsibilities required for the parties concerned.
ANALISIS TANGGUNG JAWAB PERUSAHAAN PENERBANGAN TERHADAP KERUGIAN PENUMPANG AKIBAT HILANGNYA BAGASI TERCATAT YANG MEMUAT BARANG BERHARGA TANPA SEPENGETAHUAN PENGANGKUT BERDASARKAN KONVENSI WARSAWA 1929 SEBAGAI LEX SPECIALIS Hendra Winata; H. K. Martono
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (806.731 KB) | DOI: 10.24912/adigama.v2i2.6699

Abstract

Aircraft as air carrier of persons, luggage or goods which receive any amount of payment from the passengers to carry any passengers from the place of departure to the place of destination. The carrier is liable for damage sustaind in the event of the death or wounding of the passenger or other bodily injury, of the destruction or lost of,or of damage to registered luggage if the accident which caused the damage took place during the carriage by aircraft. In the carriage of registered luggage, the liability of the carrier is limited to the amount regulated both at international conventions or national regulation. Unless at the time when the luggage was handed over to the carrier, the passengers or the consignor has declared the contents and the value of the registered luggage and the carrier agreed to carry the registered luggage and the passengers or the consignor has paid a supplementary sum. If the passengers or the consignor at the time when the luggage was handed over to the carrier has declared the contents and the value of the registered luggage, in terms of any destruction, lost of, or of damage to  registered luggage, the passengers or the consignor entitled to receive compensation of the amount regulated both at international conventions or national regulation and the sum of the actual value of the registered luggage
TANGGUNG JAWAB NEGARA ATAS TERGANGGUNYA FREKUENSI RADIO PENERBANGAN DI WILAYAH UDARA PANTAI UTARA JAWA GUNA MENJAMIN KESELAMATAN PENERBANGAN Farras Naufal; H. K. Martono
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i2.6909

Abstract

Indonesia is an archipelagic country that can be divided into land, water and airspace. For the sake of realizing a national insight, it requires a transportation system. Transportation can be divided into land, sea and air transportation. Air transportation is a very efficient transportation for humans because it has comfort and can save time. Air transportation growth in Indonesia are rising highly time by time, law must provide the rule of operation of air transport. Passenger have right to get to destination that ruled on air ticket. Beside of the destination, passenger must get delivered by the time that written on ticket. Airline must provide aircraft that could carry all passenger that have the ticket, but in practice, some passenger can’t be carried by airline because there was changes of the type of aircraft that carry less passenger than planned. Passenger must get compensation from the loss. Airline shall responsible from causing the trouble. There some responsibility system in Indonesia law, but for the case of the above, the responsibility system that should airline take is unclear. This journal will discuss about the responsibility system that can be used for the case and how law govern to clear the problem.
PERTANGGUNGJAWABAN KETERLAMBATAN PENERBANGAN AKIBAT PENGGANTIAN JENIS PESAWAT UDARA YANG DILAKUKAN OLEH PENGANGKUT (CONTOH KASUS: TIDAK TERANGKUTNYA PENUMPANG PADA PENERBANGAN LION AIR JT-1341 TAHUN 2018) Fakhri Nur Akmal; H. K. Martono
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i1.5250

Abstract

Indonesia is an archipelagic country that can be divided into land, water and airspace. For the sake of realizing a national insight, it requires a transportation system. Transportation can be divided into land, sea and air transportation. Air transportation is a very efficient transportation for humans because it has comfort and can save time.Air transportation growth in Indonesia are rising highly time by time, law must provide the rule of operation of air transport. Passenger have right to get to destination that ruled on air ticket. Beside of the destination, passenger must get delivered by the time that written on ticket. Airline must provide aircraft that could carry all passenger that have the ticket, but in practice, some passenger cant be carried by airline because there was changes of the type of aircraft that carry less passenger than planned. Passenger must get compensation from the loss. Airline shall responsible from causing the trouble. There were some responsibility system in Indonesia law, but for the case of the above, the responsibility system that should airline take is unclear. This journal will discuss about the responsibility system that can be used for the case and how law govern to clear the problem.
Co-Authors Abimanyu Faiz Prajogo Fakhri Nur Akmal Farras Naufal Hendra Winata