Pembaharuan Hukum
Vol 13, No 2 (2026): Jurnal Pembaharuan Hukum

Reconstructing Consumer Dispute Resolution for Air Transportation Service Users Under Civil Procedure Law

Sri Wahyuni (Universitas Bhayangkara Jakarta Raya)
Efa Laela Fakhriah (Universitas Padjadjaran)
Anita Afriana (Universitas Padjadjaran)
Sonyendah Retnaningsih (Universitas Indonesia)



Article Info

Publish Date
30 Aug 2026

Abstract

The increasing use of air transportation services has intensified the legal relationship between passengers as consumers and airlines as business actors, resulting in a growing number of disputes, particularly concerning the loss of passengers’ belongings on international flights. This study aims to analyze the ratio decidendi of Supreme Court Decision Number 649 K/Pdt.Sus-BPSK/2016 and formulate a reconstruction model for resolving air transportation consumer disputes through non-litigation and litigation mechanisms from the perspective of civil procedure law. This research employs a normative legal method using statutory, conceptual, and case approaches. Legal materials were analyzed qualitatively through legal interpretation and systematic legal analysis. The findings reveal that the current regulation of non-litigation and litigation dispute resolution for air transportation consumers remains fragmented, creating legal uncertainty. In its ratio decidendi, the Supreme Court affirmed that aviation law constitutes lex specialist and prevails over general consumer protection provisions. Therefore, this study proposes replacing Minister of Industry and Trade Decree Number 350/MPP/Kep/12/2001 with a Government Regulation and aligning litigation procedures with civil procedure law to achieve legal certainty, effective consumer protection, and consistent dispute resolution.

Copyrights © 2026






Journal Info

Abbrev

PH

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Pembaharuan Hukum is a scientific publication containing research article, case report and review article in Law area. This journal is published by the Faculty of Law Universitas Islam Sultan Agung three time a year. This journal gives a good opportunities for law researchers, lecturers, ...