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Tanggung Jawab Maskapai Penerbangan Perintis terhadap Kerugian atas Musnahnya Kargo Akibat Kecelakaan Ayuningtyas, Celfilia Devi
Wacana Hukum Vol 29 No 1 (2023): Legal Theories and Fundamental Law on the Various Issues
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v29i1.8377

Abstract

The presence of innovative cargo air transportation plays a significant role in meeting the transportation needs of individuals residing in remote and underdeveloped regions, commonly referred to as 3T areas, in Indonesia. The primary objective of pioneering air transport is to mitigate the adverse effects of price disparities on the residents of the 3T region. Nevertheless, the implementation of pioneering cargo air transport has faced numerous challenges in reality, leading to a higher incidence of aviation accidents compared to commercial flights. This study aims to investigate the legal status of pioneering cargo air transport in Indonesia and subsequently ascertain the liability of pioneer airlines in relation to aviation safety and the financial consequences resulting from cargo destruction in the event of an accident. The research employed a normative juridical approach, which involved an examination of concepts and relevant regulations. The findings of the study suggest that pioneering cargo carriers possess a legal status that extends beyond their role as mere carriers in cargo transport agreements. They also maintain a legal connection with the government through contractual arrangements, which are integral to the execution of public services. Pioneer airlines, in collaboration with local governments, airport authorities, and relevant stakeholders, bear the responsibility of ensuring flight safety as a proactive measure to prevent accidents. In the event of an accident resulting in the destruction of the cargo, it is the responsibility of the airline to provide compensation to the sender. This compensation should be commensurate with the damages incurred and should adhere to the regulations governing air transportation.
TANGGUNG JAWAB MASKAPAI PENERBANGAN PERINTIS TERHADAP KERUGIAN ATAS MUSNAHNYA KARGO AKIBAT KECELAKAAN Ayuningtyas, Celfilia Devi
UNES Law Review Vol. 5 No. 3 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The existence of pioneering cargo air transportation is an important aspect of people’s need who live in 3T (undeveloped, isolated, and outermost) areas of Indonesia. The main function of pioneering air transportation is to minimize price disparities which are very detrimental to the people of 3T area. However, in practice, the operation of pioneering cargo air transport, encountered various obstacles that resulted in aviation accidents which became the most accidental cases compared to commercial flights. So based on these problems, this research is intended to examine the legal position of pioneering cargo air transportation in Indonesia to further determine the responsibility of pioneer airlines for aviation safety and the losses incurred for the destruction of cargo in the event of an accident. The research method used in this research is normative juridical through a study of concepts and related regulations. The results of the study indicate that the legal position of pioneering cargo carriers is not only as a carrier in a cargo transport agreement but also has a legal relationship with the government based on a contract as part of the implementation of public services. Pioneer airlines are responsible together with local governments, airport authorities, and related parties to ensure flight safety as a preventive measure for accidents. If there has been an accident that destroyed the cargo, the airline is responsible for fulfilling the compensation suffered by the sender in nominal terms based on the provisions of the applicable air transportation regulations.