KEWAJIBAN MASKAPAI PENERBANGAN ATAS KOMPENSASI KETERLAMBATAN PENERBANGAN OLEH PT LION AIR AREA TANJUNGPINANG DALAM PERSPEKTIF PERLINDUNGAN KONSUMEN

Abstract

Research on "Airline Liability for Flight Delay Compensation by PT Lion Area Tanjungpinang in the Perspective of Consumer Protection" Aims to find out how airlines are responsible for passengers regarding flight delays, the factors that cause airlines not to carry out their obligations in providing compensation for flight delays, legal remedies that can be taken by passengers using flight services if they do not obtain their rights. This research was conducted using a statute approach research method. The researcher uses the type of Juridical Empirical research in this study. The researcher in analyzing the problem is done by combining legal materials with primary data obtained by going directly to the field came to the final conclusion. The theory used is the theory of consumer protection and the theory of responsibility of business actors. Based on the results of research the researchers obtained the results: that PT. Lion Air have not carried out their responsibilities and obligations in providing compensation in accordance with Minister of Transportation Regulation number 89 of 2015 concerning the handling of flight delays in scheduled commercial air transportation companies in Indonesia. The consumers has not yet obtained their rights which have been regulated in the Consumer Protection Act. The factor that causes the airline not to provide compensation for flight is due to force majeure in the form of weather or operational constraints at the airport that result in flight delays. Legal remedies that can be taken by flight service users to obtain their rights can be done by way of dispute resolution through the courts and out of court by settlement through Arbitration, Negotiation, Mediation, Conciliation. It can also be resolved by way of deliberation and consensus between the two parties, so that the issue does not need to be brought to court.