Tanggung Jawab Perdata Produsen Pesawat Udara Terhadap Kerugian Penumpang dalam Kecelakaan Penerbangan (Analisis Berdasarkan Teori Product Liability)

Abstract

The aircraft accident that had resulted many sacrifices, injury, physical defect, or loss of other materials and immaterial had been a tragedy that had touched everyone especially for passengers and family of victims. The aircraft accidents had resulted consequence of Jaw about who must and properly responsible in law manner handled cause of the accident and also changed loss of victims and their family.

So far, Aircraft firm was a party assumed responsible to the aircraft accident cases as an operator of the aircraft. It because of the clearer aspect of law refers to the liability rules still provided about aircraft firm only.

There was no found a clear rule of law that explained about the aircraft producer liability of the accident, either in Intenational Conventions or in Indonesia National Aircraft Law. Therefore, this dissertation taken up some problems those are: first, how did national and international law answered this aircraft accident cases, Second, how did the civil law liability principle of aircraft producer handled this aircraft accident and third problem was how did the civil law answered about the liability of aircraft producer for aircraft passenger loss.

The research method that had applied in this dissertation was a normative and explorative law research, Result from this research had obtained some conclusions; first, national and international aircraft law had regulated rules of aircraft accident, but it had not regulated about who must responsible to this accident yet completely; second, each aircraft accident, one of parties who must responsible to the accident was aircraft producer, third in applying doctrine of product liability for aircraft producer used strict liability principle, but refers to the passenger loss manner was based on the limited liability principle. It needs some recommendation for this research, first it needs clearer rules of liability of law refers to parties that had been a factor of aircraft accident cause; second it needs rules of aircraft producer liability of passenger loss, and third created clearer rules, law justice, and built law culture about the importance of aircraft safety, security and comfortable, it needs a forming of aircraft producer liability law.