Pertanggungjawaban Pidana dalam Kecelakaan Penerbangan Udara (Studi Putusan Peradilan Militer No. 65-K/ PM. 11- 10/AD/XI/2012)

Abstract

Aircraft as a means of air transportation have their own characteristics and advantages compared to land and sea modes of transportation. It is related to the speed of movement and reaching large areas in a short time. The purpose of organizing national flights in Law No. 1 of 2009 concerning Aviation includes realizing the implementation of flights that are orderly, safe, comfortable, at fair prices and avoiding unhealthy business competition practices. Safe and secure maintenance above, is the most important guarantee in aviation, this is considering the dangers and accidents that are easily caused by the use of an aircraft. Research methods used in this research is descriptive analytic in nature, i.e. the data analysis used in the legal materials in the study will be conducted in a qualitative and comprehensive analytical data primary and secondary, this type of research is the normative legal research, collection of data used in this research is to include research libraries (Library Research). In addition to complete secondary data, primary data is also supported. The criminal liability of flight captains in aircraft accidents is reviewed from Law No.1 of 2009 is Article 411 of Law No.1 of 2009 and Article 438 of Law No.1 of 2009, where both articles can be the basis for holding criminal liability to airmen captains in terms of deliberately flying aircraft that endanger flight security and safety. The stages of investigation in aviation accidents are as a guideline in the implementation of investigations into aircraft accidents, the National Transportation Safety Committee (KNKT) includes: Planning and Preparation of Investigations, Organizing the Implementation of Investigations, Conducting Investigations, Notification and Reporting, and Accountability of Aircraft Accidents. Analysis of PM Verdict No. 65-K/ PM. 11-10/AD/XI/2012 related to the criminal act of aircraft accident according to the author seems light even though in his consideration it is in accordance with considering the demands of the Military authorities and the facts revealed in the trial. The article charged against the Defendant is 411 Of Law No.1 of 2009 concerning Aviation which describes any person intentionally flying or operating an aircraft that endangers the safety of aircraft, passengers and goods, and/or residents or harms the property of others as intended in Article 53 shall be punished with imprisonment for a maximum of 2 (two) years and a maximum fine of Rp500,000,000, 00 (five hundred million rupiah)