Analisis yuridis gugatan perbuatan melawan hukum atas ganti rugi kecelakaan penerbangan internasional (studi putusan no. 908/pdt. G/2007/pn.Jak.Sel) = Juridical analysis of unlawful act lawsuit for flight accident indemnity (study of judgementno.908/pdt.G/2007/pn.Jak.Sel)

Fatima, Rigita Astridia (2017) Analisis yuridis gugatan perbuatan melawan hukum atas ganti rugi kecelakaan penerbangan internasional (studi putusan no. 908/pdt. G/2007/pn.Jak.Sel) = Juridical analysis of unlawful act lawsuit for flight accident indemnity (study of judgementno.908/pdt.G/2007/pn.Jak.Sel). Bachelor thesis, Universitas Pelita Harapan.

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Abstract

The development of transportation in the era of globalization highly increased the world population mobility. With increasing numbers of people and goods moving to geographically distant locations, making air transportation as one of the most effective and efficient types of transportation because it can support rapid movement and it is also practical. High demand for air transport services also impacts the rapid development of air transportation business itself. However, frequently these developments are not accompanied by adequate services. As happened in the case between Sigit Suciptoyono against Singapore Airlines Ltd, Sigit as the plaintiff sued Singapore Airlines for unlawful acts, for providing unreasonable and improper compensation to the plaintiff as the victim of the SQ-006 flight accident. In such cases, Singapore Airlines is deemed to have violated the provisions of Article 25 paragraph (1) of the Warsaw Convention of 1929, which stated that "The carrier shall not be entitled to avail himself of the provisions of this Convention which exclude or limits his liability, if the damage is caused by his wilful misconduct or by such default on his part as, in accordance with the law of the Court of the seized of the case, is considered to be equivalent to wilful misconduct". Upon this lawsuit, the South Jakarta District Court declared that Singapore Airlines had committed unlawful act and sentenced Singapore Airlines to pay some compensation towards the plaintiff. The legal research in this thesis used normative legal research method, by conducting literature study. This research aimed to examine the judges' decision with the related regulations in Indonesia as well as the International Convention.

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