Limitation Of Air Carrier Liability Against The Damages Survived By Passenger

Rahmanto, Fawwaz Iqbal (2020) Limitation Of Air Carrier Liability Against The Damages Survived By Passenger. Undergraduate thesis, Untag 1945 Surabaya.

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Abstract

Indonesia geographic circumstances in the form of land consisting of thousands of large and small islands, and is water which comprises the bulk of the sea and rivers and lakes allow the transport is made by land, sea, and air to reach all areas of the country. The three-lane transport conditions and become a reason to encourage the use of conveyance driven modern style. In today's era of development, one means of transport to be considered and very important role is air transport. Air freight facilitate the transportation between islands and regions with less time and economically, as the cost was still accessible to the public. Start increasing number of Indonesian airlines are increasingly numerous and accompanied by the means of air transport that is sophisticated enough not eliminate the possibility of things that are not desirable during the trip. As in case of losses suffered by the passengers, the passengers can claim responsibility for damages on the part of the carrier. There is article 141, paragraph (2) of Law No. 1 Year 2009 on Flight (hereinafter referred to as the Aviation Law) declared the phrase "limit its responsibilities" which in a sense and understanding not describe clearly causing norm vague / hazy because it is not clear sampaimana limitation carrier responsibility for damages suffered by passengers. Although punpenumpang also may sue the airlines under the pretext of Torts (PMH) by Pasa 1365 Civil Code but it does take a long time.

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