GANEC SWARA
Vol 15, No 1 (2021): Maret 2021

TANGGUNG JAWAB PELAKU USAHA TERHADAP KONSUMEN (PENUMPANG) PESAWAT UDARA

TITIN TITAWATI (Program Studi Hukum K. Mataram UNMAS Denpasar)
ALINE FEBRIYANI LOILEWEN (Program Studi Hukum K. Mataram UNMAS Denpasar)
GDE TUSAN ARDIKA (Program Studi Hukum K. Mataram UNMAS Denpasar)



Article Info

Publish Date
05 Mar 2021

Abstract

      The development in the transportation sector, both goods, and services, especially transportation/ transportation using aircraft, is very rapid, it can be seen from the large number of business actors engaged in the aviation business. However, this is not balanced with good service to consumers, airlines have recently made unilateral flight cancellations or cancellations of flights for various reasons. This causes losses for passengers as consumers. This study aims to determine how the responsibility of business actors towards consumers/ passengers who suffer losses due to flight cancellations and legal remedies that can be taken by consumers. This study uses a form of normative legal research, which is research-based on written regulations and legislation and various literature related to the issues to be discussed in this study. An airline as a business actor can be held accountable if it makes a mistake. There are several types of responsibility in law, including responsibility in the sense of responsibility or also called moral responsibility, and responsibility in the sense of liability or also called juridical responsibility. The form of airline responsibility to passengers is included in the form of responsibility based on the element of error (liability based on fault) which is based on the principle of absolute responsibility (strict liability). The onrechtmatige daad doctrine is the basis for the formation of the principle of absolute responsibility as stated in article 1365 of the Civil Code which focuses on fault elements.

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Journal Info

Abbrev

GARA

Publisher

Subject

Agriculture, Biological Sciences & Forestry Education Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Ganec Swara merupakan wadah untuk hasil penelitian dan ulasan ilmiah pada bidang-bidang ilmu seperti Ilmu Sosial, Pertanian, Ekonomi, Teknik, Hukum, Kependidikan dan ...