Analisis Yuridis Terhadap Penyelenggaraan dan Tanggung Jawab Perusahaan Angkutan Udara di Indonesia

Abstract

Air transportation is an important and strategic way to improve economic profile to access remote area, to strengthen nation 's unity, to build country sovereignty, and to influence community level of life. Therefore, civil aviation management should be regulated properly in order to perform a safe, secure, effective and efficient civil aviation service. As a result, it is needed to know and to explore civil aviation management, basic duty and company liability. Descriptive and analytic study has been done, by using juridical-normative approach through literature study of all written law in civil aviation. This included research publication and other materials in area of international or national civil aviation management, and company liability. This study has shown that civil aviation management is regulated by No. 112009 Decree about civil aviation especially in verses 2 and 3 of Chapter 2 and Chapter 12 until Chapter 14 in which civil aviation is mentioned as a system to provide an utmost benefit to the community, nation and country, and to initiate and to expand aeronautics spirit, which emphasize on safe, secure and comfortable factors refer to /CAO regulation. Internationally, civil aviation liability has been dynamically regulated by /CAO, since Warsaw Convention in 1929, followed by 5 (five) other conventions, until Montreal Convention in 1999 that mentioned that civil aviation company will have liability for each passenger's and cargo's damage, and to the third party with a realistic, fair restitution, and refers to International Civil Law. Nationally, civil aviation company liability is regulated based on No. 112009 Decree about civil aviation, especially verses 140-186 in Chapter JO that mentioned that civil aviation company should not make a different access to consumers as long as they have completed all formal and agreed requirements and this decree also obligated civil aviation company to have liability for all damage during transportation service take place refers to Civil Aviation Ordinance Stb 1939-100. This research recommended that Department of Transportation, especially Civil Aviation Unit, will provide an integrated socialization to civil aviation company owners, attorney, police, judges, and the consumers of civil aviation services in order to have a proportional understanding about civil aviation management and its liability.