Penerapan Product Liability terhadap Produsen Pesawat Udara Atas Kecelakaan Penerbangan

Hasim Purba
Journal article Jurnal Media Hukum • Juli 2011 Indonesia

Unduh teks lengkap
(Bahasa Indonesia, 2 pages)

Abstrak

Flight accidents that caused loss of life, injury, permanent disability, in addition to other material and immaterial damages always leave devastating feeling, particularly to the passengers and the relatives of the victims. Flight accidents in fact bring about legal consequences concerning on the party that should be legally liable for the grounds as well as the obligation to pay the financial compensation for the victims or their family. To date, when an accident happened the responsibility is left to the airline company alone, while aircraft building company is not charged with any responsibility due to the absence of clear regulation concerning on such case. This paper aimed to explain how the aircraft building company bore their responsiblity or product liability in the case of flight accident and what might become the constraints for the victims in their indictment for financial compensation. This research employed normative and explorative legal study. The result showed that the product liability in Indonesia has not been fulfilled by aircraft Building Company while in other country like the United States; this has been implemented effectively and was even supported by legal adjudication. The constraints faced by victims in their indictment for the damages causedby were due to the absence of explicit regulation or Act that could be used as the basis for the indictment in national Flight Acts.Keywords: product liability, flight accident, aircraft Building Company

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Jurnal

Jurnal Media Hukum

Jurnal Media Hukum adalah jurnal ilmiah berkala yang diterbitkan oleh Fakultas Hukum Universitas ... tampilkan semua