Sultan Jurisprudence : Jurnal Riset Ilmu Hukum
Vol 5, No 1 (2025): Vol. 5 No. 1 Juni 2025

Aircraft Manufacturers Liability under the 1999 Montreal Convention (Case Study of Class Action against Boeing Company)

Fauzi, Valesca Vella Valdema (Bidang Hukum Internasional FH Untirta)
Danial, Danial (Unknown)
Sitamala, Afandi (International Law Department, Universitas Sultan Ageng Tirtayasa)



Article Info

Publish Date
08 Jul 2025

Abstract

The Lion Air JT-610 plane crash on October 29 2018 killed all passengers and caused significant losses, both material and immaterial. This tragedy raises questions about the legal responsibility of Boeing, the aircraft manufacturer, particularly from an international law perspective. This study aims to analyze the possibility of Boeing's liability under the 1999 Montreal Convention, which serves as the primary instrument in regulating the liability of air carriers toward passengers and cargo. This study employs a normative legal method with a descriptive-analytical approach, using legal liability theory and justice theory as the basis for analysis. The results of the study show that the 1999 Montreal Convention only regulates liability between airlines (air carriers) and passengers, not between passengers and third parties such as aircraft manufacturers. In this context, Lion Air is responsible for providing initial compensation of 113,100 Special Drawing Rights (SDR) to the heirs of each passenger. However, under Article 37 of the Convention, Lion Air may seek liability from third parties, including Boeing, if it is proven that there were manufacturing defects or negligence contributing to the accident. Thus, although Boeing does not have direct liability toward passengers, indirect liability may arise through recourse by the airline. This opens an international legal avenue against manufacturers in cases of aviation accidents

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Journal Info

Abbrev

jurisprudence

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Sultan Jurisprudence: Jurnal Riset Ilmu Hukum also known as Sultan Jurisprudence is national peer review journal on legal studies. The journal aims to publish new work of the highest calibre across the full range of legal scholarship, which includes but not limited to works in the law and history, ...