Analisis Yuridis Tanggung Jawab Pengangkut Terhadap Kerugian Yang Dialami Pengguna Jasa Angkutan Udara Internasional Berdasarkan Konvensi Montreal 1999 Di Indonesia

Abstract

Air transportation is one of the means of transportation much used his services. In air carrier can’t be separated from the risk that can cause damages for users of air carrier services. The liability of carriers in international law first time regulated in Warsaw Convention 1929. Along with the times, Warsaw Convention 1929 experienced changes until the establishment of Montreal Convention 1999 as a replacement Warsaw Convention 1929. In 2016, Indonesia has accede to Montreal Convention 1999. The purpose of writing this thesis, namely; First, to know the form of the liability of the carrier against any damage experienced by user of air transportation, Second, to know about harmonization and synchronization law between legislation of Indonesia with Montreal Convention 1999 after accession Montreal Convention 1999 by Indonesia.
This type of research used in legal research is a normative juridical method, this research is descriptive, that is a study that aims to describe the problem clearly and in detail. the analysis with a qualitative measure is used which relies on the substance with data in drawing conclusions. In the interesting conclusion the author uses the method of thinking deductive that is the way of thinking that draws a conclusion from a statement or proposition that is general to be a statement or case that is special.
From the results of the research and discussion, it can be concluded that, First, legal liability concept adopted by Montreal Convention 1999 with Warsaw Convention 1929 using a different legal liability concept. Legal liability concept adopted by Montreal Convention 1999 to the passenger who died or injuries, checked baggage, and cargo using strict liability concept, while the legal liability concept used by Warsaw Convention 1929 using presumption of liability to the passenger who died or injuries, checked baggage, and cargo. Second, after accession Montreal Convention 1999 by Indonesia cause disharmony and not synchronous of law between legislation of Indonesia with Montreal Convention 1999. It can be seen from legal liability concept used by legislation of Indonesia still using presumption of liability, different with Montreal Convention 1999 using strict liability concept to the passenger who died or injuries, checked baggage, and cargo.
Keywords: Montreal Convention 1999-Harmonization-Air Transportation